HomeMy Public PortalAboutCity of LakeshireLAKESHIRE CODE CHAPTER INDEX
Chapter 100 General Governmental Provisions
Chapter 105 Mayor and Board of Aldermen Meetings
Chapter 110 Appointed City Officials - Powers, Appointment and Duties
Chapter 115 Municipal Court and Traffic Violations Bureau
Chapter 120 Elections and Qualification of Elected Officials
Chapter 150 Tax Collection
Chapter 215 Offenses Code
Chapter 225 Animal Control
Chapter 300 Traffic Code
Chapter 400 Zoning Code
Chapter 500 Minimum Housing Code
Chapter 520 Building Code
Chapter 530 Electrical Code
Chapter 540 Plumbing Code
Chapter 600 Nuisances
Chapter 610 Business Solicitation Regulations
Chapter 620 Abandoned and Derelict Vehicles
Chapter 630 Swimming Pools
Chapter 640 Fences and Walls
Chapter 650 Solid Waste Disposal
Chapter 700 Alain' Systems Code
Chapter 710 Emergency Management Agency
Chapter 750 Police Department Rules and Regulations
Chapter 800 Cable Televisions Franchise
Chapter 900 Construction, Repealer and Severability
I0/C:\MyFiles\Rick Bresnahan\LAKESHIRE\Lakeshire Code Chapter Index.wpd
ALPHABETICAL INDEX
ABANDONED AIRTIGHT CONTAINER 215.760
ABANDONED VEHICLES
Abatement required 620.010(F)
Damaged or disabled vehicle 620.010(B)
Definitions 620.010(A)
Disposition if not removed 620.010(G)
Entry on private property 620.010(J)
Notice 620.010(D)
Notice of sale 620.010(H)
Nuisance 620.010(B)(C)
Owner cannot be located, proceedings 620.010(E)
Private property, vehicle on 620.010(I)
Penalties 215.755
ACCIDENTS (Also see TRAFFIC)
Leaving the scene 215.865
ADJUSTMENT, BOARD OF 400.150
AFFIRMATIVE DEFENSE 215.045
AIR GUNS 215.800
ALARM SYSTEMS CODE
Application and renewal 700.030
Audible alarm 700.150
Automatic dialing device 700.130
Definitions 700.010
Direct signal alarm system 700.140
False alarm service charge 700.120
Fees 700.040
Hearings on charges; decision 700.110
Instructions on operation 700.050
License not assignable; changes 700.070
License requirement 700.020
Power to investigate 700.100
Repair & maintenance service required 700.050
Rules and regulations 700.080
Suspensions; revocations 700.090
Violations and penalties 700.160
ALCOHOLIC BEVERAGES
Drunkenness in public prohibited 215.820
Intoxicated or drugged condition 215.215
Open containers prohibited in motor vehicle 300.530
Purchase or possession by minor 215.860
ALDERMAN (See BOARD OF ALDERMEN)
ALLEY (See TRAFFIC)
AMPLIFIERS
Amplifiers, limited and prohibited 600.190
ANIMALS
Administration, by St. Louis County 225.100
Confinement, when 225.040(C), 225.050
Cruelty to 215.850
Dangerous or fierce 225.070
Domestic pets, number limited 225.120
Impounding, when and where 225.050
Lease, required 225.080
License, required 225.040(B)
Kennels prohibited 225.040
Non -domestic, prohibited 215.845
Nuisance, animals when 225.115
Owners responsibility 225.090
Purpose of animal control 225.010
Rabies Control 225.060
Rabies inoculation required 225.030
St. Louis County contract 225.110
Violation of lease regulations 225.080
Vicious dogs 225.050
APPEALS
Fences and walls, removal of 640.060
Minimum Housing Code 500.230
Municipal Court to Circuit Court 115.120
Swimming pools, permit denial 630.040
Zoning, Board of Adjustment 400.150
ARREST 215.265, 215.270
ARREST WITHOUT WARRANT 215.745
ASSAULT 215.300
ASSEMBLY, UNLAWFUL 215.570
ATTENDANCE AT MEETINGS
Alderman and Mayor 105.100
ATTORNEY, CITY 110.040
ATTORNEY, PROSECUTING 110.040
AUDIT, REQUIREMENTS 100.090
AUTO, ABANDONED (See ABANDONED VEHICLE)
AUTO ACCESSORIES, PURCHASE FROM MINOR 215.825
BAD CHECKS 215.495
BAIT ADVERTISING 215.515
BICYCLES /-%anii C- c w;OEj 3(3 0 r .3A/
Clinging to vehicle prohibited 300.320
Riding on sidewalks 300.315
BILLS, POSTING OF 215.875
BOARD OF ADJUSTMENT, ZONING 400.150
BOARD OF ALDERMEN
Attendance at meetings 105.100
Closed meetings 105.130(E)
Closing meetings, procedure 105.130(F)
Duties 105.120
Meetings, regular and special 015.040
Minutes 105.040
Order of business 105.050
Passage of bills 105.080
President of the Board 105.040
Qualifications 120.130
Rules:
Citizen participation 105.090
General 105.040
Infractions of 105.070
Of debate 105.060
Supervision limitations 105.120, 110.010
Swearing in 110.130
Votes 105.080
BOCA CODE 520.010
BOMB, FALSE REPORTS 215.620
BOMBS, PROHIBITED 215.415
BOMBS, STINK, PROHIBITED 215.805
BONDS, TREASURER 110.030
BOUNDARIES, CITY 100.030
BREATH TEST 215.735
BUILDING CODE (See MINIMUM HOUSING CODE) 520.010
BUILDING COMMISSIONER 110.050
BUILDING PERMITS 400.100
BUILDING AND ZONING, CONFLICT 520.020
BURGLAR TOOLS 215.785
BURNING AND EXPLODING
Negligent 215.420
Reckless 215.415
BURNING TRASH 215.412
BUSINESS, PROHIBITED 400.040(B), 400.020(B),
400.030 (B)
CABLE TELEVISION FRANCHISE
Acceptance by grantee 800:15
Access channel and rules 800:5.5
Bonds 800:6.1, 6.2
Compliance with state and federal law 800:12
Construction standards 800:7.11
Definitions 800:3
Design and construction 800:7
Franchise application 800:13
Franchise fee 800:4.9
Grant of franchise 800:4
Guarantee 800:14
Insurance 800:6.5
Notices 800:12.2, 12.3
Obscenity prohibited 800:8.14
Operation and maintenance, records 800:9
Regulation of franchise, rates 800:5
Renewal of franchise 800:4.7
Revocation of franchise 800:4.10
Revocation procedure 800:4.10B
Rights reserved to grantee 800:11
Rights reserved to grantor 800:10
Security fund 800:6.3
Service requirements 800:8
Street usage 800:7.10
Subscriber privacy 800:8.12
Theft of service 800:12.8
Transfer of franchise 800:4.6
Under grounding cable 800:7.8
CANDIDATES FOR ELECTION
CARRYING CONCEALED WEAPON 215.780
CATS (See ANIMALS)
CHAUFFEUR'S LICENSE 300.425
CHECKS, INSUFFIC I F NT FUNDS 215.495
CHIEF OF POLICE (See POLICE DEPARTMENT)
CHILD:
Endangering welfare 215.400
Molestation of 215.345
Passenger restraint system required 300.485
Unlawful transactions with 215.405
CITY OF LAKESHIRE
Fourth Class 100.010
Property, vandalism against 100.060
Subdivision of land 100.025, 100.030
CITY ATTORNEY, PROSECUTING ATTORNEY 100.040
CITY CLERK 110.020
CITY COLLECTOR 150.020
CITY TRAFFIC ENGINEER (See TRAFFIC)
CITY TREASURER 110.030
CIVIL DEFENSE (See EMERGENCY MGMT. AGENCY)
COMMERCIAL VEHICLES 300.415, 300.010(5),
300.505
COMMISSIONER
Building 110.050
Street 100.060
COMMUNICATION, IMPROPER 215.690
COMPOSTING 650.110
CONCEALED WEAPONS 215.780
CONSENT
Defense 215.305
Lack of in crimes 215.315
CONSPIRACY 215.390
CONSTRUCTION PERMIT FEES 520.030
CORPORATE SEAL 100.020
CORPORATIONS, LIABILITY 215.190, 215.200
COURT CLERK 110.080
Court costs (See MUNICIPAL COURT)
COURT, MUNICIPAL (See MUNICIPAL COURT)
CROSSWALKS
Crossing streets by pedestrians 300.335
Pedestrian right of way 300.330
Pedestrian shall yield 300.340
Prohibited crossing 300.345
CRUELTY TO ANIMALS 215.850
CURBS AND GUTTERS
Driveway extensions into 500.260
Parking close to 300.360
Unloading or loading at curb 300.365
CURFEW 215.915
CUSTODY, INTERFERENCE WITH 215.330
DANGEROUS STRUCTURES 500.200
DEBATE, BOARD OF ALDERMEN 105.060
DECEIVING POLICE OFFICER 215.725
DECEPTIVE BUSINESS PRACTICE 215.500
DEFENSE
Affirmative 215.045
Consent 215.305
False imprisonment 215.320
Precluded 215.180
Public meeting law violations 105.130(J)
DEFENSE OF
Persons 215.250
Premises 215.255
Property 215.260
DEFINITIONS
Abandoned Vehicles 620.010(A)
Business Solicitation 310.010
Cable Television Franchise 800.300
Flood Hazard Control 400.220
Minimum Housing Code 500.020
Nuisance 300.010
Offenses Code 215.050, 215.230,
215.335, 215.365,
215.410, 215.465,
215.525, 215.565,
215.590
Solid Waste Disposal 650.010
Traffic Code 300.010
DEFRAUDING CREDITORS 215.520
DESTRUCTION
Malicious 215.430
Public and private property 215.425
DISABLED PERSONS, PARKING 300.510
DISORDERLY PREMISES 215.585
DISTRICT REGULATIONS (See ZONING)
DISTURBING JUDICIAL PROCEEDING 215.680
DISTURBING THE PEACE 215.555, 215.560
DOGS (See ANIMALS)
DOOR-TO-DOOR SOLICITATION (See SOLICITATION)
DRIVER'S LICENSE j2 u p 41-i J . ,r /1" a /6-i 4/ cls- 300.425
DRIVEWAYS
Blocking, prohibited 300.370(2a)
Extending into gutter, prohibited 500.260
DRIVING SCHOOL 215.738
DRIVING WHILE INTOXICATED (See TRAFFIC)
DRUGGED OR INTOXICATED CONDITION 215.215
DRUNK IN PUBLIC, PROHIBITED 215.820
DURESS R v L ;Vet tv`' e llil eid a: i S r>>i Cy 2 S C? 215.210
ELECTIONS
Assistance of police officers 120.100
Certification of results 120.120
Conduct of elections by St. Louis County Election Board 120.060
Dates 120.010
Filing of candidates 120.020
Notices 120.070
Polling places, judges, costs 120.090
Qualifications;
alderperson 120.130
challenge of 120.030
mayor 120.140
voter 120.080
State law controls 120.050
Vacancy in elected office, how filed 120.110
Withdrawal of candidacy 120.040
ELECTRICAL CODE 530.010, 530.020
EMERGENCY
Mayor may declare 105.010, 105.030
EMERGENCY MANAGEMENT ORGANIZATION
Director 710.040
Duties 710.050
Employees, limitations 710.060
Establishment of 710.010
Functions 710.030
Oath of office 710.060
Office 710.070
Officials of 710.020
Powers 710.050
EMERGENCY FUND - STREETS 100.070
EMERGENCY REPAIRS AUTHORIZATION -
MAYOR AND POLICE CHIEF 100.080
EMERGENCY VEHICLES (See TRAFFIC)
EMPLOYEES, SOCIAL SECURITY EXTENDED TO 100.040
ENTRAPMENT 215.205
ESCAPE
From custody 215.670
Interfering with or aiding a prisoner 215.675
EVIDENCE, EFFECT OF CHEMICAL ANALYSIS 215.740
EXCAVATIONS 215.880
EXPOSURE, INDECENT 215.360
FALSE
Advertising 215.510
Affidavit 215.600
Bomb reports 215.620
Declarations 215.605
Impersonation 215.635
Reports 215.615
FALSE ALARMS (See ALARM SYSTEM CODE)
FALSE IMPRISONMENT 215.320
FALSE IMPRISONMENT, DEFENSES TO 215.325
FALSE INSTRUMENT OR CERTIFICATE 215.490
FEES (See MINIMUM HOUSING CODE & BUILDING CODE
FENCES, WALLS, HEDGES & ENCLOSURES
Barbed wire 215.886
Charged with electricity 215.890
Classifications 640.030
Fines for violation 640.070
Limitations 640.040
Nuisances 640.060
Permits;
application procedure 640.050
required prior to constructions 640.010
FILING TIME FOR ELECTIONS 120.020
FINES r c"
Corporations 215.125
Imposition of 215.130
Minimum Housing Code 500.230
Municipal Court 115.070(B)
Nuisance Code 600.120
Payment at T.V.B. 115.160
Response to non-payment 215.135
Revocation of 215.140
Violations and infractions i ' 5 215.120
FIRE DEPARTMENT (See TRAFFIC)
FIRE DEPARTMENT, HINDERING 215.790
FIREARMS AND WEAPONS (See POLICE DEPARTMENT)
FIREWORKS, PROHIBITED 215.835
FLOOD HAZARD CONSTRUCTION LIMITATIONS
Application review 400.170
Construction standards 400.180
Definitions 400.220
Enforcement official 400.230
Flood hazard map 400.155
Mechanical equipment 400.205
New water and sewer systems 400.200
Permits required 400.160
Subdivision applications 400.190
Watercourse alteration 400.210
FORCE, USE OF
Deadly (See POLICE DEPARTMENT)
In defense of persons 215.250
In defense of premises 215.255
In defense of property 215.260
In making an arrest (law enforcement officer) 215.265
In making an arrest (private person) 215.270
To prevent escape from confinement 215.275
By persons with responsibility for care or safety of others 215.280
FUNERAL PROCESSION (See TRAFFIC)
GARAGE SALES 500.250
GARBAGE (See SOLID WASTE DISPOSAL & NUISANCE)
GRASS, HEIGHT LIMIT 600.140
GRASS (See NUISANCES)
GUNS, AIR AND SPRING, DISCHARGE PROHIBITED 215.800
Cfpoof
GUTTERS, OBSTRUCTING 500.260
HANDBILLS, PROHIBITED 215.775
HARASSMENT 215.310
HEADLIGHTS (See LIGHT REGULATIONS)
HINDERING FIRE DEPARTMENT 215.790
HINDERING PROSECUTION 215.595
HORNS, NUISANCE 600.190
HOUSING (See MINIMUM HOUSING CODE)
IGNORANCE AND MISTAKE 215.165
IMPEDING USE OF STREETS OR SIDEWALKS 215.765
IMPRISONMENT
Sentence of 215.075
Concurrent or consecutive terms 215.080
Calculation of terms 215.085
IMPROPER COMMUNICATIONS 215.690
INDECENT EXPOSURE 215.360
INFANCY 215.220
INJUNCTIONS 215.550
INSPECTIONS (See MINIMUM HOUSING CODE)
Electrical 530.020
Plumbing 540.020
INSUFFICIENT FUNDS CHECKS 215.495
ISSUING FALSE INSTRUMENT 215.490
INTERFERENCE WITH POLICE OFFICER 215.645
INTERSECTION (See TRAFFIC)
INTOXICATED OR DRUGGED CONDITION 215.215
INTOXICATED, DRIVING WHILE 215.730, 215.732
INTOXICATING LIQUOR (See ALCOHOLIC BEVERAGES)
INVESTIGATIONS (See POLICE DEPARTMENT)
JUDGE, MUNICIPAL
JUSTIFICATION 215.245
KNIVES, CARRYING PROHIBITED 215.780
LANGUAGE, VULGAR 215.855
LAWFUL ORDER OF POLICE OR FIRE DEPARTMENT 215.795
LEASH (See Animals)
LEAVING SCENE OF ACCIDENT 215.865
LEGAL PROCESS
Interference with 215.650
Simulating 215.640
LICENSE (See DRIVER'S or CHAUFFEUR'S LICENSE)
LICENSE FOR BUSINESS SOLICITATION 610.020
LIGHT REGULATIONS, VEHICLES
Auxiliary lamps 300.055
Colors 300.060
Dimming of headlights 300.045
Headlamps;
limitations 300.055
multi -beam, arrangement 300.040
required 300.025
single -beam intensity 300.035
substitutes permitted 300.030
Lights, required when 300.020
Limitations on total lamps 300.070
Limitations on lamps other than headlights 300.065
Spotlamps 300.055
Taillamps 300.050
LITTERING 215.750, 600.060
LOADING AT ANGLE TO CURB 300.365
LOST PROPERTY 215.475
LOUD SPEAKERS, LOUD NOISES 600.190
MAD DOGS (See ANIMALS)
MARIJUANA, CONTROLS 215.910
MASSAGE ESTABLISHMENT CODE 215.900
MAYOR
Call special meetings 105.040
Declare emergencies 105.010, 105.030
Deputize officers 105.010
Deputize outside officers 105.030
Direct police to leave city 105.020
Duties 105.040, 105.110,
105.120
Qualifications 120.140
Supervision of City officials 110.0140, 105.110
MEETINGS (See also BOARD OF ALDERMEN)
Attendance at 105.100
Closed meetings 105.130(E)
Defenses to a violation 105.130(J)
Definitions 105.130(A)
Notice 105.130(D)
Open meetings 105.130(B)
Records (See RECORDS, PUBLIC)
Remedies and penalties 105.130(I)
MENTAL DISEASE 215.225
MENTAL STATE CULPABLE 215.150, 215.155,
215.160
MINIMUM HOUSING CODE
Accessory structures 500.140
Animal and play houses, exemption 500.140(C)
Antennae 500.140(C)
Applicability 500.030
Basement rooms
Basements
Boarding up
Broken glass
Change of occupancy
Chimneys
Common area, halls
Conditional occupancy permit
Contents of occupancy permit
Definitions
Deterioration of accessory structures
Driveways
Egress, exits
Electrical requirements
Emergency measures, building damage
Enforcement
Exterior appurtenances, screens, awnings, etc.
Exterior walls and foundations, roofs
Fees
Hearing
Heating
Illumination
Infestation, rodents, insects
Interpretation
Inspections and reinspections
Minimum standards for dwellings
Noncompliance, notice
Noncompliance, remedy and reinspection
Occupancy permit required
Plumbing
Porches
Purpose
Rubbish storage
Severability
Smoke detectors
Space requirements
Stairways5
Unfit for human habitation
Vacant buildings, securing
Ventilation requirements
Violations of;
prosecution
penalty
hearing
appeal
500.070
500.050(G)
500.220
500.220
500.170
500.050(H)
500.050(L)
500.170(G)
500.170(D)
500.020
500.140(A)
500.050(I)
500.150
500.090
500.240
500.160
500.050(E)
500.050(B)
500.170(C), 500.140(E)
500.230(C)
500.110
500.080
500.050(K)
500.040
500.160, 500.190
500.050
500.180
500.190
500.170
500.100
500.050(F)
500.010
500.130
500.040(B)
500.105
500.060
00.050(F)
500.200
500.210
500.120
500.230
500.230(A)
500.230(B)
500.230(C)
500.230(D)
Walls 500.050(B), (C)
Water facilities 500.100
Windows 500.080(C), (D)
Yards 500.050(J)
MINORS
Curfew 215.915
Endangering welfare 215.400
Furnishing pornographic material to 215.535
In gambling and drinking places 215.405
Motor vehicles, operating 300.425
Purchase of auto accessories from 215.825
Purchase or possession of alcoholic beverages 215.860
MISCONDUCT
In the administration of justice 215.705
Official 215.715
MISSILES, SHOOTING OR THROWING 215.830
MISUSE OF OFFICIAL INFORMATION 215.720
MOLESTATION, CHILD 215.345
MOTORCYCLE OPERATION 300.430
MOTOR CARRIERS, LIMITED 300.480
MOTOR VEHICLES (See TRAFFIC)
Tampering with 215.450
MUFFLER, LOUD, PROHIBITED 300.450
MUNICIPAL COURT
Bonds, forfeiture of 115.110
Clerk of;
absence or disability 115.020
appointment 110.080
Contempt of court 115.090
Costs;
assessing 115.040
establishing 115.055
reducing or staying 155.050
refusal or failure to pay 115.070
Dockets and records 115.090
Establishment of 115.010
Failure to appear 115.070, 115.225
Forms and records 115.200
Information and charges 115.130
Ordinances as evidence 115.140
Procedure and practice in 115.080
Procedure for police officers 115.210
Receipts, disposition of 115.060
Records 115.090
Sessions of, time and place 115.030
Tickets 115.220
Traffic Violations Bureau;
duties 115.170
person may elect to pay fine to 115.160
records 115.180
Trial de novo 115.120
Witnesses 115.150
MUNICIPAL JUDGE
Absence of disability 115.020
Disqualifications 115.100
Establishment of office 115.010
Qualifications 110.070
Staying costs 115.050
Term of office 110.070
NOISES (See NUISANCES)
NON -CONFORMING USE 400.090
NON-SUPPORT OF WIFE OR CHILDREN 215.390
NOTICE OF ELECTION 120.070
NOTICE OF NON-COMPLIANCE WITH HOUSING CODE 500.180
NOTICE OF SALE, ABANDONED VEHICLE 620.010(H)
NOTICE TO ABATE NUISANCE 600.100
NUISANCES
Animals, when 225.115
Building Commissioner, duties 600.090
Costs, special tax bill 600.160
Costs, removal by City 600.040
Damaged building 500.230
Defined 600.010
Filthy or offensive substance 600.050
Garbage 600.020
Hearings 600.100, 600.160
Noise Prohibitions 600.190
Notice to abate 600.100
Penalties 600.110, 600.120
Prohibited, creation or maintenance 600.015
Removal, by City 600.040
Removal, generally 600.030
Sound trucks 600.190
Smoke 600.070
Vacant buildings 500.210
Violations, City officers to report 600.130
Weeds, definition 600.140
Weeds, height restrictions 600.150
Weeds, removal when cut 600.170
OBJECTS, UNSIGHTLY 215.815
OBSTRUCTING
Traffic 215.765
Government operations 215.710
OFFENSES (See Offenses Index)
Classification of 215.060
Conviction 215.185
General penalty 215.075
OPEN MEETING LAW (See also MEETINGS) 105.130
ORDER OF BUSINESS
At Board of Aldermen meeting 105.050
PARKING REGULATIONS (See TRAFFIC)
PEACE DISTURBANCE 215.555, 215.560
PEDESTRIANS (See TRAFFIC)
PEEPING, WINDOW 215.460
PENALTTFS, GENERALLY 215.075, 215.120,
215.125, 215.130,
910.080
PLANNING DIRECTOR 110.050(H)
PLUMBING CODE 540.010, 540.020
POLICE CHIEF 110.090
POLICE DEPARTMENT
Absence without leave 750.61
Arrest 215.265
Arrest without warrant 215.745
Command relationships 750.26-32
Complaints; 750.119
citizens 750.22
revewaling names of complainants 750.66
superior officers, against 750.29
Court appearances 750.19-21
Criticism of other officers 750.31
Chief of Police;
appointment and duties 110.090, 750.104
emergency funds 100.080
line of authority 750.105
temporary parking limitations
qualifications 110.090
Discipline procedures;
complaints against officers 750.119
demotion 750.106
discharge 750.106, 750.122
internal investigation procedures 750.121
preliminary investigation procedures 750.120
probationary patrolman, teiniination 750.111
suspension 750.106, 750.122
temporary relief from duty
unsatisfactory performance
Duties of officers, general
General personal conduct of officers
Equipment, use of;
maintenance, general
motor vehicles
personal use
radio
Firearms and weapons
Force, use of
Force, deadly
Holidays and holiday pay
Information, confidential police;
revealing records or information
withholding criminal information
Investigations, procedure
Minors
Newspapers & press, police information
Outside activities
Outside employment
Passengers, unauthorized
Patrol procedures
Pay policies;
definitions
holidays
part-time officers
sick days
vacation
Personnel selection;
application procedure
applicant misstatements
applicant files
hearing requirements
qualifications, general
qualifications, part-time personnel
Physicals
Political activity
Prisoners and suspects
Probationary period
Public, dealing with
Safety on emergency calls
Sergeant, duties
Sick days and pay
Streets, duty to observe condition
750.122
750.118
750.66-72
750.2-17
750.57
750.49-51, 94, 98, 99
750.25, 750.51
750.55, 56, 93
750.44-48
750.36
750.44
750.123(B)
750.40, 41
750.42
750.120, 750.121
750.64
750.43
750.63
750.113
750.52, 750.96
750.73-103
750.123(A)
750.123(B)
750.123(F)
750.123(C)
750.123(D)
750.107
750.112
750.108
750.109
750.110
750.114
750.115
750.65, 750.116
750.33-39, 91
750.111
750.23, 24
750.54
750.58
750.123(C)
750.81-83
Traffic regulations, observance by police 750.53
Uniforms 750.59, 60
Vacations and vacation pay 750.123(D)
Weapons 750.44-48, 215.800
Workers' Compensation leave 750.123(E)
POLICE OFFICER
Interference with 215.645
Qualifications 750.110
PORNOGRAPHY
Promoting in second degree 215.530
Furnishing pornographic materials to minors 215.535
Evidence in 215.540
POSTING OF BILLS, PLACARDS, ETC. 215.875
PROOF OF FALSITY OF STATEMENTS 215.610
PROBATION
Eligibility 215.090
Terms of 215.095
Conditions of 215.100
Detention condition of probation 215.105
Duration of; revocation 215.115
PROCESSION
Driving in 300.275
Driving through 300.270
Permit required 300.280
PROPERTY
Damage in the first degree 215.425
Damage in the second degree 215.430
Lost 215.475
PROSECUTING ATTORNEY (See CITY ATTORNEY)
PROSTITUTION, ILLEGAL 215.370
Patronizing 215.375
Sex of parties no defense 215.380
Houses deemed public nuisances 215.385
PUBLIC DUTY 215.240
RABIES (See ANIMALS)
RECORDS, CITY
Failure to transfer 110.120
Inspection and transfer 110.110
RECORDS, PUBLIC
Access to 105.130(G)
Copying 105.130(H)
Tampering with 215.630
RECORDS, TRAFFIC VIOLATIONS 300.015
REFRIGERATOR (See ABANDONED CONTAINERS)
REFUSAL TO DISPERSE 215.580
REFUSAL TO MAKE EMPLOYEE AVAILABLE
REFUSING TO IDENTIFY AS A WITNESS
REPEAL OF INCONSISTENT ORDINANCES
REPORTS, FALSE
RESISTING ARREST
RETAINING WALLS
RIFLE, AIR
RIOTING
ROAD AND BRIDGE TAX REFUND
RUBBISH (See SOLID WASTE)
RULES OF THE BOARD OF ALDERMEN
SALESMEN (See SOLICITATION, BUSINESS)
SCHOOL BUS, PASSING PROHIBITED
SEAT BELTS
Adults
Children
SEXUAL ABUSE
SEXUAL ABUSE, SECOND DEGREE
SEXUAL MATERIAL, PUBLIC DISPLAY
SEXUAL MISCONDUCT
Mistake as to incapacity or age /
SIDEWALK (See TRAFFIC) /' -f o4 -pd) n b pa,t,+`�0�J 3 oc0 `70
SLOW SPEED TO BLOCK TRAFFIC
SOCIAL SECURITY
SOLICITATION, BUSINESS
Appeal of denial
Application for license
Definition
Fees generally
Hours for solicitation limited
Investigation of applicant
License required
License required for each agent
License required for person under seventeen
Penalty for violation
Suspension or revocation of license
SOLICITATION, CHARITABLE
SOLID WASTE DISPOSAL
Collection
Composting
Definitions
Disposal
Dumping prohibited
Penalties
Permits for hauler
215.655
215.665
900.060
215.615
215.645
640.040(H)
215.800
215.575
100.050
105.040-105.120
300.470
300.500
300.485
215.350
215.355
215.545
215.345
215.340
300.460
100.040
610.050
610.030
610.010
610.050
610.090
610.040
610.020
610.060
610.070
610.120
610.080
610.110
650.030
650.110
650.010
650.050
650.080
650.100
650.060
Prohibited practices 650.080
Rules and regulations 650.070
Service charges 650.090
Storage 650.020
Transportation 650.040
SOUND TRUCKS (See NUISANCES)
SPECIAL MEETING OF ALDERMEN 105.040
SPECIAL USE PERMITS (See ZONING)
SPEEDING (See TRAFFIC)
STEALING 215.470
STINK BOMBS 215.805
STOLEN PROPERTY, RECEIVING 215.485
STOPS SIGNS (See TRAFFIC)
STOPPING (See TRAFFIC)
STORMWATER DISCHARGE 500.100(F), 500.255
STREET COMMISSIONER 110.060
SUBDIVISION (See ZONING)
SWIMMING POOLS
Construction requirements and permits 630.020
Definitions 630.010
Fees 630.030
Penalty 630.050
Permits, appeal from denial 630.040
TAMPERING
Definition 215.410
Generally, motor vehicle 215.450
With physical evidence 215.625
With a public record 215.630
With a utility 215.455
With a witness 215.685
TAX
Deputy Collector appointed
Road and bridge refund
Tax collection
TELEPHONE, HARASSMENT BY
TOOLS, BURGLAR
TRAFFIC
Accidents;
notice of
reports, written
reports, driver unable to make
reports, public inspection of
150.020
100.050
150.010
215.310
215.785
300.110
300.115
300.120
300.125
Alley;
emerging from 300.245
one-way 300.220
Arrest procedures;
forms and records of citations 115.200
illegally parked vehicle;
citation 115.220
failure to comply with citation 115.225
procedure of police officers 115.210
Backing, limitations 300.300
Careful and prudent operation 300.465
Child passenger restraint system 300.485
Commercial vehicles;
definition 300.010, 300.505
prohibited from using certain streets 300.415
Continuous parking limitation 300.490
Corrective lenses 300.435
Definitions, generally 300.010
Dislodgeable goods 300.440
Driver's license 300.425
Driving while intoxicated 215.730
Driving with excessive blood alcohol; 215.732
arrest procedure 215.736
consent for breath test 215.735
effect of chemical analysis 215.740
municipal court procedure 215.737
Emergency vehicles;
driver's duties & responsibility 300.100, 300.010(2)
operation of vehicles on approach 300.105
Fire apparatus;
following prohibited 300.260
Fire Department officials
authority of 300.075
obedience to 300.080
Fire hose;
crossing of 215.790, 300.265
Following too closely 300.455
Funeral procession;
driving in 300.275
driving through 300.270
permits required, when 300.280
Intersection;
stop, vehicle entering 300.235
yield, vehicle entering 300.230, 300.240
Lanes 300.180
License;
driver's and chauffeur's 300.425
plate 300.425
Motorcycle operation 300.430
headgear 300.430
riding on 300.310
Mufflers 300.450
Obedience to traffic regulations of persons riding animals 300.085
Obstructing vehicular & pedestrian traffic 215.765
One-way streets and alleys;
authority to restrict movement 300.220
authority to sign 300.215
designated 300.220, Sch. III
Parking;
alleys 300.380
angle 300.345
close to curb 300.360
commercial vehicles 300.415
handicapped 300.510
hazardous or congested places 300.370
parking, prohibited;
alleys 300.380
angle 300.365
City Hall lot, limitations 300.495
commercial vehicles 300.505(2)
continuous parking over 72 hours 300.490
driveways, blocking 300.370(2a)
facing wrong direction 300.540
fire hydrant 300.370(2b)
handicapped spaces 300.510
hazardous or congested places 300.370
hours, limitations 300.405
intersections 300.370(1 c)
license plates required 300.425F
obstructing traffic 300.375
recreational vehicles, hours limited 300.505(1)
repairing a vehicle 300.385(2)
Schedule of streets where parking prohibited Sch. II
Selling a vehicle 300.385(1)
Signs required 300.410
Streets, certain, at all times 300.400
Unpaved surface 300.420
Wrong direction 300.540
Pedestrian;
definition 300.010
control signals 300.160
crossing at right angles 300.335
drivers to use highest degree of care 300.355
prohibited crossing 300.345
right of way in crosswalks 300.330
subject to traffic control devices 300.325
walking along roadways 300.350
yield, when 300.340
Procession;
driving in 300.275
driving through 300.270
permit required, when 300.280
Police;
authority of 300.075
obedience to 300.080
procedure on arrest 115.210
School bus;
overtaking and passing 300.470
Sidewalk;
bicycle riding on 300.315
vehicle shall not be driven on 300.295
Speed;
limits 300.190, Sch. IV
slow 300.460
state laws applicable 300.185
Stop;
approaching train 300.255
emerging from alley 300.245
intersection 300.235
required, when 300.230
traffic obstructed 300.250
Stop signs 300.225, 300.230,
Sch. I
Stopping;
curb loading zones 300.365
definition 300.010
prohibited during certain hours 300.390
Traffic control devices
authority to install 300.130
display of unauthorized 300.170
interference with 300.175
flashing signals 300.165
manual and specifications for 300.135
obedience to 300.140
pedestrian control signals 300.160
presumption of legality 300.150
required, when 300.145
signal meanings 300.155
Traffic Violations Bureau;
duties of 115.170
person may appear at, when 115.160
records 115.180
Trucks, usage of street by, parking 300.480, 300.505
Turning;
at intersections 300.195
limitations 300.210
markers, authority to place and obedience to 300.200
obedience to no -turn signs 300.205
Vehicle;
clinging to 300.320
definition 300.010
opening and closing doors 300.305
Yield;
emerging from alley, driveway or building 300.245
signs 300.225, 300.240
when required 300.230
TRAFFIC CONTROL DEVICES (See TRAFFIC)
TRAFFIC VIOLATIONS BUREAU (See TRAFFIC)
TRASH (See SOLID WASTE DISPOSAL)
TREASURER, CITY 110.030
TRESPASS;
first degree 215.440
second degree 215.445
TRUCKS, USAGE OF STREET BY 300.480
TURNING (See TRAFFIC)
UNLAWFUL ASSEMBLY 215.570
UNSIGHTLY OBJECTS 215.815
VAGRANCY 215.870
VANDALISM AGAINST CITY PROPERTY 100.060
VARIANCE (See ZONING)
VEGETATION (See WEEDS)
VEHICLES; (See also TRAFFIC) V hi tit ...la/vv.' C�`' e- ��� y 'a'_ � oo' �5
abandoned (See ABANDONED VEHICLES)
riding in unlawfully 215.450
tampering with 215.450
VOLUNTARY ACT 215.145
VOTES OF BOARD OF ALDERMEN 105.080
VULGAR LANGUAGE 215.855
WALLS (See FENCES; also see RETAINING WALLS)
WARDS 100.030, 120.010
WARRANTS 115.070
WASTE DISPOSAL (See SOLID WASTE DISPOSAL)
WEAPONS, CARRYING CONCEALED 215.780
WEEDS 600.140, 600.180
WIFE AND CHILDREN, NON-SUPPORT OF 215.390
WINDOW -PEEPING 215.460
WINDSHIELD VISION -REDUCING MATERIAL PROHIBITED 300.520
WITNESSES IN MUNICIPAL COURT 115.150
YARD SALES (See GARAGE SALES)
YIhLD (See TRAFFIC)
YELLING 600.190(4)
ZONING
Additional use, height & area regulations 400.070
Amendments 400.120
Application review 400.170
Board of Adjustment 400.150
Building confoiinity 400.110
Building permits 400.100
Building lines 400.080
Construction standards 400.180
Definitions 400.220
Designation of flood hazard map 400.155
Districts and boundaries established 400.010
Enforcement official 400.230
Enforcement, violations and penalties 400.130
Flood hazard map 400.155
Local Business District 400.050
Manufacturing and Light Industrial 400.060
Multiple Family District regulations 400.040
New water and sewer systems 400.200
Non -conforming uses and special permits 400.090
Permits required 400.160
Repealer and amendment 400.240
Set -back and building lines 400.080
Single Family "A" District regulations 400.020
Single Family "B" District regulations 400.030
Subdivision application 400.190
Watercourse alteration 400.210
Zoning Commission 400.140
11/C:\Myfiles\rick bresnahan\Lakeshire\Lakeshire Alphabetical List.wpd
OFFENSES CODE INDEX
Section 215.000 Short Title
Section 215.005 Separability
Section 215.010 Classification of Offenses
Section 215.015 Offenses Must be Defined by Ordinance
Section 215.020 Application to Offenses Committed Before and After Enactment
Section 215.025 Time Limitations
Section 215.030 Limitation on Conviction for Multiple Offenses
Section 215.035 Conviction of Included Offenses
Section 215.040 Burden of Injecting the Issue
Section 215.045 Affiiiiiative Defense
Section 215.050 Code Definitions
Section 215.055 Authorized Dispositions
Section 215.060 Classification of Offenses
Section 215.065 Application of Provisions to Offenses Outside of this Chapter
Section 215.070 Presentence Investigation and Report
Section 215.075 Sentence of Imprisonment - Incidents
Section 215.085 Calculation of Terms of Imprisonment - Credit for Jail Time Awaiting
Trial
Section 215.090 Eligible for Probation, When
Section 215.095 Terms of Probation
Section 215.100 Conditions of Probation
Section 215.105 Detention Condition of Probation
Section 215.110 Transfer to Another Court
Section 215.115 Duration of Probation - Revocation
Section 215.120 Fines for Violations and Infractions
Section 215.125 Fines for Corporations
Section 215.130 Imposition of Fines
Section 215.135 Response to Nonpayment
Section 215.140 Revocation of a Fine
Section 215.145 Voluntary Act
Section 215.150 Culpable Mental State
Section 215.155 Culpable Mental State, Application
Section 215.160 Culpable Mental State, When Not Required
Section 215.165 Ignorance and Mistake
Section 215.170 Accountability for Conduct
Section 215.175 Responsibility for the Conduct of Another
Section 215.180 Defense Precluded
Section 215.185 Conviction of Different Degrees of Offenses
Section 215.190 Liability of Corporations and Unincorporated Associations
Section 215.200 Liability of Individual for Conduct of Corporation or Unincorporated
Association
Section 215.205 Entrapment
Section 215.210 Duress
Section 215.215 Intoxicated or Drugged Condition
Section 215.220 Infancy
Section 215.225 Lack of Responsibility Because of Mental Disease or Defect
Section 215.230 Definitions
Section 215.235 Civil Remedies Unaffected
Section 215.240 Execution of Public Duty
Section 215.245 Justification Generally
Section 215.250 Use of Force in Defense of Persons
Section 215.255 Use of Physical Force in Defense of Premises
Section 215.260 Use of Physical Force in Defense of Property
Section 215.265 Law Enforcement Officer's Use of Force in Making an Arrest
Section 215.270 Private Person's Use of Force in Making an Arrest
Section 215.275 Use of Force to Prevent Escape from Confinement
Section 215.280 Use of Force by Persons with Responsibility for Care, Discipline
or Safety of Others
Section 215.285 Attempt
Section 215.290 Conspiracy
Section 215.300 Assault
Section 215.305 Consent as a Defense
Section 215.310 Harassment
Section 215.315 Lack of Consent in Crimes Involving Restraint
Section 215.320 False Imprisonment
Section 215.325 Defenses to False Imprisonment
Section 215.330 Interference with Custody
Section 215.335 Definitions
Section 215.340 Mistake as to Incapacity or Age
Section 215.345 Sexual Misconduct
Section 215.350 Sexual Abuse
Section 215.355 Sexual Abuse in the Second Degree
Section 215.360 Indecent Exposure
Section 215.365 Definitions
Section 215.370 Prostitution
Section 215.375 Patronizing Prostitution
Section 215.380 Prostitution and Patronizing Prostitution - - Sex of Parties
No Defense, When
Section 215.385 Prostitution Houses Deemed Public Nuisances
Section 215.390 Criminal Nonsupport
Section 215.400 Endangering the Welfare of a Child
Section 215.405 Unlawful Transactions with a Child
Section 215.410 Definitions
Section 215.415 Reckless Burning or Exploding
Section 215.420 Negligent Burning or Exploding
Section 215.425 Property Damage in the First Degree
Section 215.430 Property Damage in the Second Degree
Section 215.435 Claim of Right
Section 215.440 Trespass in the First Degree
Section 215.445 Trespass in the Second Degree
Section 215.450 Tampering
Section 215.455 Tampering with a Utility
Section 215.460 Peeping Toms
Section 215.465 Definitions
Section 215.470 Stealing
Section 215.475 Lost Property
Section 215.480 Claim of Right
Section 215.485 Receiving Stolen Property
Section 215.490 Issuing a False Instrument or Certificate
Section 215.495 Passing Bad Checks
Section 215.500 Deceptive Business Practice
Section 215.510 False Advertising
Section 215.515 Bait Advertising
Section 215.520 Defrauding Secured Creditors
Section 215.525 Definitions
Section 215.530 Promoting Pornography in the Second Degree
Section 215.535 Furnishing Pornographic Materials to Minors
Section 215.540 Evidence in Pornography Cases
Section 215.545 Public Display of Explicit Sexual Materials
Section 215.550 Injunctions and Declaratory Judgments
Section 215.555 Peace Disturbance
Section 215.560 Private Peace Disturbance
Section 215.565 Peace Disturbance Definitions
Section 215.570 Unlawful Assembly
Section 215.575 Rioting
Section 215.580 Refusal to Disperse
Section 215.585 Keeping Disorderly Premises
Section 215.590 Definitions
Section 215.595 Hindering Prosecution
Section 215.600 False Affidavit
Section 215.605 False Declarations
Section 215.610 Proof of Falsity of Statements
Section 215.615 False Reports
Section 215.620 False Bomb Report
Section 215.625 Tampering with Physical Evidence
Section 215.630 Tampering with a Public Record
Section 215.635 False Impersonation
Section 215.640 Simulating Legal Process
Section 215.645 Resisting or Interfering with Arrest
Section 215.650 Interference with Legal Process
Section 215.655 Refusing to Make an Employee Available for Service of Process
Section 215.660 Failure to Execute an Arrest Warrant
Section 215.665 Refusal to Identify as a Witness
Section 215.670 Escape from Custody
Section 215.675 Interfering with a Prisoner or Aiding Escape of a Prisoner
Section 215.680 Disturbing a Juridical Proceeding
Section 215.685 Tampering with a Witness
Section 215.690 Improper Communication
Section 215.705 Misconduct in Administration of Justice
Section 215.710 Obstructing Government Operations
Section 215.715 Official Misconduct
Section 215.720 Misuse of Official Information
Section 215.725 Deceiving a Law Enforcement Officer
Section 215.730 Driving While Intoxicated
Section 215.732 Driving with Excessive Blood Alcohol Content
Section 215.735 Breath Test for Determining Alcoholic Content of Blood
Section 215.736 Procedure on Arrest
Section 215.737 Procedure in Municipal Court
Section 215.738 Driving School
Section 215.740 Effect of Chemical Analysis as Evidence
Section 215.745 Arrest Without Warrant
Section 215.748 Refusal to Submit to Chemical Test
Section 215.749 Alcohol Related Traffic Offender Program
Section 215.750 Littering
Section 215.755 Abandoning Motor Vehicle
Section 215.760 Abandonment of Airtight or Semiairtight Containers
Section 215.765 Impeding the Use of Streets, Sidewalks or Alleys
Section 215.775 Handbills
Section 215.780 Carrying Concealed Weapons
Section 215.782 City Employees Prohibited from Carrying Fireaiuis While on Duty
Section 215.785 Possession of Burglar Tools
Section 215.790 Hindering Fire Department Employees
Section 215.795 Compliance with Lawful Order of Police or Fire Department
Section 215.800 Regulations of the Use, Possession, Sale, and Ownership of Flobert
Rifles, Air Guns, Spring Guns and Arrows
Section 215.805 Stink Bomb Unlawful
Section 215.815 Unsightly Objects
Section 215.820 Drunkeness in Public Places Prohibited
Section 215.825 Purchase of Auto Accessories from Minor Prohibited
Section 215.830 Throwing of Missiles
Section 215.835 Fireworks
Section 215.845 Non -Domestic Animals not to be Kept in City
Section 215.850 Cruelty to Animals
Section 215.855 Vulgar Language
Section 215.860 Purchase or Possession by a Minor
Section 215.865 Leaving the Scene of an Auto Accident
Section 215.870 Vagrancy
Section 215.875 Posting Bills, Painting Signs, Etc.
Section 215.880 Excavations
Section 215.886 Fences - - Barbed Wire
Section 215.890 Fences - - Charged with Electricity
Section 215.900 Massage Establishment Code
Section 215.910
Section 215.915
Growth, Possession, Sale or Control of Marijuana
Curfew Regulations and Procedures for Violation Thereof
10/C:\MyFiles\Rick Bresnahan\LAKESHIRE\Lakeshire Offenses Code Index.wpd
GENERAL PROVISIONS
Chapter 100
Section 100.010 - - City of the Fourth Class
Pursuant to an election held April 3, 1951, the Village of Lakeshire became and now is a
City of the Fourth Class under the laws of the State of Missouri.
Section 100.020 - - City Seal
The City of Lakeshire hereby adopts as its Corporate Seal the impression made by a
metallic disc not more than two and one half inches in diameter with wording on the outside
border of the disc reading “City of Lakeshire, St. Louis County, Missouri” and the word “SEAL”
inscribed in the center of the disc.
Section 100.025 - - Subdivision of Land within the City
No land shall be subdivided or any existing lot divided within the City of Lakeshire
except with the approval of a majority of the members of the Board of Aldermen and said
division or subdivision shall be in compliance with the regulations and ordinances of the City of
Lakeshire and St. Louis County.
Section 100.030 - - Division of City into Three Wards
The City of Lakeshire is hereby divided into three wards to be known as Ward One, Ward
Two, and Ward Three and the boundaries of said wards shall be as follows:
Ward One
Ward One shall include the entirety of those parcels specified below by parcel
identification number, together with and inclusive of all public rights-of-way to their centerlines
and as more particularly identified on the City of Lakeshire Ward Map (a true and accurate copy
of which is attached hereto as Exhibit 1 and incorporated herein by this reference), which shall
have boundary lines co-extensive with city boundary lines, except where the Ward One boundary
abuts to the Ward Two boundary line. In addition, Ward one shall include a portion of land
added through a 1952 annexation by the City of Lakeshire, specifically described as follows:
Beginning at the intersection of the northeast line of Elise Drive with the
southwest corner of property with Parcel ID #: 26K310730 and extending
northwestwardly along the prolongation of the northeast line of Elise Drive
approximately 400 feet more or less to the boundary line between the Affton School
District and the R-8 (formerly Sappington) School District as such boundary line exists
on the date of this ordinance; thence Southwestwardly along said School District and its
prolongation to the intersection with the northeast Right of Way line formerly of the
Missouri Pacific Railroad; thence Southeast along said right of way to the intersection
with the most westerly corner of Ward Two of City of Lakeshire; thence along the
northwestwardly line of Ward Two and its direct prolongation to the most northern corner
of property with Parcel ID #: 26K310703; thence southeastwardly, northeastwardly,
southeastwardly, and northeastwardly along parcel lines to the intersection of the
northeast line of Elise Drive with the southwest corner of property with Parcel ID #:
26K310730, the point of beginning.
26K310730 26K310741 26K310752 26K310763 26K330013 26K330024
26K330046 26K340100 26K340144 26K340201 26K340221 26K340232
26K340287 26K340276 26K340265 26K340302 26K340243 26K340254
26K340298 26J130122 26K340210 26K340166 26K340090 26K340056
26K340012 26K320674 26K320641 26K320603 26K320564 26K320498
26J110476 26J110575 26J110982 26J110674 26J110652 26J110663
26J130023 26J130034 26J130683 26J130045 26J130056 26K310804
26K310796 26K310785 26K310774 26K320805 26K320795 26K340694
26K320784 26K320773 26K320762 26K320751 26K320740 26K320731
26K320553 26K320531 26K320823 26K320832 26K320421 26K320355
26K320432 26K320476 26K320520 26K320542 26K320575 26K320586
26K320621 26K320652 26K320630 26K320612 26K310721 26K310813
26K340111 26K340089 26K340067 26K340045 26K340023 26K320704
26K320685 26K320597 26K320663 26K320696 26K340034 26K340078
26K340122 26K340199 26K340133 26K340733 26K340742 26K340188
26K320401 26K320465 26K320511 26K320502 26K320454 26K320410
26K320366 26K320333 26K320311 26K320289 26K320245 26K320180
26K320212 26K320278 26K320300 26K320399 26K320377 26J110454
26J110432 26K320201 26K320713 26K320146 26K320102 26K320722
! 2
Updated 11.21.2017
Second Ward
Ward Two shall include the entirety of those parcels specified below by parcel
identification number, together with and inclusive of all public rights-of-way to their centerlines
and as more particularly identified on the City of Lakeshire Ward Map (a true and accurate copy
of which is attached hereto as Exhibit 1 and incorporated herein by this reference), which shall
have boundary lines co-extensive with city boundary lines, except where the Ward Two boundary
abuts to the Ward One or the Ward Three boundary lines.
26K320081 26K320135 26K320157 26K320179 26K320234 26K320256
26K320290 26K320322 26K320344 26K320388 27K640115 27K640687
27K640632 27K640357 27K640434 27K640500 27K640533 27K640566
27K640610 26K310059 26K310093 26K310158 26K310224 26K310268
26K310334 26K310389 26K310422 26K310477 26K310521 26K310554
26K310587 26K310611 26K310653 26K310703 26K310697 26K310675
26K310642 26K310620 26K310598 26K310565 26K310501 26K310455
26K310400 26K310345 26K310301 26K320113 26K320070 26K320047
26K320025 27K640621 27K640599 27K640544 27K640643 27K640676
26K320014 26K320036 26K320069 26K320092 26K320124 26K320168
26K320191 26K320223 26K320267 26K310499 26K310543 26K310602
26K310631 26K310664 26K310686 26K310851
26K220211 26K220411 26K220266 26K220277 26K220156 26K220167
26K220178 26K310576 26K310532 26K310510 26K310488 26K310466
26K310433 26K310390 26K310367 26K310323 26K310280 26K310246
26K310192 26K310169 26K310125 26K310082 26K310037 27K631304
27K631261 27K631205 27K631151 27K631096 27K640489 27K640456
27K640412 27K640346 27K640313 27K640247 27K640182 27K640126
27K640104 27K640269 27K640302 27K630811 27K630853 27K630921
27K630963 27K631018 27K631063 27K631106 27K631140 27K631184
27K631227 27K631250 27K631283 26K310015 26K310071 26K310103
! 3
Updated 11.21.2017
Ward Three
Ward Three shall include the entirety of those parcels specified below by parcel
identification number, together with and inclusive of all public rights-of-way to their centerlines
and as more particularly identified on the City of Lakeshire Ward Map (a true and accurate copy
of which is attached hereto as Exhibit 1 and incorporated herein by this reference), which shall
have boundary lines co-extensive with city boundary lines, except where the Ward Three
boundary abuts to the Ward Two boundary line.
26K310136 26K310170 26K310202 26K310257 26K310291 26K310312
26K310356 26K310378 26K310411 26K220387 26K220255 26K310840
26K310831 26K310181 26K310147 26K310114 26K310060 26K310026
27K631294 27K631249 27K631216 27K631173 27K631139 27K631085
27K631041 27K630996 27K630974 27K630912 27K630875 27K630820
27K630776 27K630765 27K630699 27K640753 27K640742 27K630435
27K630479 27K630512 27K630556 27K630589 27K630622 27K630677
27K630721 27K630754 27K630787 27K630842 27K630897 27K630930
27K630985 27K631029 27K631074 27K631128 27K631162 27K631195
27K631238 27K631272 26K310048 27K631690 27K631700 27K631711
27K631722 27K631833 27K631744
27K631777 27K631591 27K631755 27K631766 27K631601 27K631348
27K631337 27K631546 27K631447 27K631436 27K631425 27K540598
27K631634 27K631832 27K631843 27K630903 27K630864 27K630831
27K630798 27K630743 27K630710 27K630666 27K630611 27K630567
27K630534 27K630501 27K630457 27K630402 27K631876 27K631854
27K631865 27K640049 27K640016 27K630271 27K630237 27K630215
27K630183 27K630172 27K630150 27K630138 27K630105 27K630095
27K630073 27K630051 27K630040 27K631902 27K631469 27K632019
27K632008 27K631810 27K631821 27K631799 27K631801 27K630259
! 4
Updated 11.21.2017
Section 100.040 - - Social Security
A. It is hereby declared to be the policy and purpose of the City of Lakeshire, Missouri,
to extend to all eligible employees and officials of said city who are not excluded by
law or by this section, and whether employed in connection with a governmental or
proprietary function of said city, the benefits of the system of Federal Old-Age and
Survivors Insurance as authorized by the Social Security Act Amendments of 1950,
and by Senate Committee Substitute for Senate Bill No. 3 of the 66th General
Assembly of the State of Missouri and amendments thereof, as the same may be now
and hereafter in effect.
B. The Mayor and City Clerk of the City of Lakeshire, Missouri, are hereby authorized
and directed, on behalf of this City, to prepare, execute and submit to the Division of
Budget and Comptroller of the State of Missouri, a State Agency of the State of
Missouri, a plan and agreement for extending said benefits to said eligible
employees and officials of the City of Lakeshire, Missouri, in the form prepared by
the State Agency and hereby approved and adopted by the Board of Aldermen of this
City, which plan and agreement are to become effective upon approval thereof by the
State Agency, and are further authorized and directed to execute agreements and
modifications and amendments thereof with said State Agency, providing for the
extension of said benefits to said employees and officials as set forth in said plan and
agreement, as provided for in Section A hereof, said plan and agreement to provide
that said extension of benefits is to be effective on April 1, 1975.
C. Commencing on the first day of the month following the date of the approval of the
plan and agreement of this City by the State Agency, there shall be deducted from
the wages of all employees and officials of the City of Lakeshire, Missouri to whom
the benefits of said system of Federal Old-Age and Survivors Insurance are
extended, by virtue of the plan and agreement hereinbefore provided for, the amount
of each of said employees’ and officials’ contributions, as determined by the
applicable State and Federal laws and by said plan and agreement, the aggregate
amount of said deductions to be paid into the Contributions Fund created by Senate
Committee Substitute of Senate Bill No. 3 of the 66th General Assembly of the State
of Missouri; provided, however, that from the first payment of wages made to each
of said employees and officials after the benefits of said system have been extended
27K630282 27K630325 27K630358 27K630392 27K630446 27K630468
27K630523 27K630578 27K630590 27K630655 27K630701 27K631645
27K631656 27K631667 27K631678 27K631689
! 5
Updated 11.21.2017
to such employees and officials, there shall be deducted a sum equal to the amount
which would have been due and payable from each of said employees and officials
had said extension of benefits been provided and effective on April 1, 1975.
D. Commencing on the first day of the month following the date of the approval of the
plan and agreement of this City by the State Agency, there is hereby authorized to be
appropriated from the General Fund of the City of Lakeshire, Missouri, and there is,
and shall be, appropriated, the sum or sums of money necessary to pay the
contributions of the City of Lakeshire, Missouri, which shall be due and payable by
virtue of the extension of the benefits of the Federal Old-Age and Survivors
Insurance System to the eligible employees and officials of said City, said sum or
sums of money to be paid into the Contributions Fund created by Senate Committee
Substitute for Senate Bill No. 3 of the 66th General Assembly of the State of
Missouri; provided, however, that in making the first payment to said Contributions
Fund, after the benefits of said system have been extended to such employees and
officials, said first payment shall include a sum equal to the amount which would
have been due and payable had said extension of benefits been provided and
effective on April 1, 1975. The Fund from which said appropriation is made will, at
all time, be sufficient to pay the contributions of the City by this Section directed to
be paid to said Contributions Fund.
E. The City of Lakeshire, Missouri, from and after the approval of the plan and
agreement of this City by the State Agency, shall fully comply with, and shall keep
such records, make such reports and provide such methods of administrations of said
plan and agreement as may be required by all applicable State and Federal laws,
rules and regulations, now and hereafter in effect with respect to the extension of the
benefits of the Federal Old-Age and Survivors Insurance System to the employees
and officials of this City. For the purpose of administering said plan and agreement
the City Clerk of this City shall be the official who shall make all required reports,
keep all records, and be responsible for the administration of said plan and
agreement on behalf of this City, and any and all notices and communications from
the State Agency to this City with respect to said plan and agreement shall be
addressed to “10000 Puttington Drive, City of Lakeshire, Missouri, 63123.”
Section 100.050 - - Road and Bridge Tax Refund
The Major of the City of Lakeshire is hereby authorized to execute for and on behalf of
the City of Lakeshire for the calendar year of 1984 and thereafter such affidavits as may from
time to time be required by law with regard to the use and application by the City of funds
received from the County Road and Bridge Tax Refund. Such use and application of said
Refund shall be in accordance with the laws of the State of Missouri.
! 6
Updated 11.21.2017
Section 100.060 - - Protection Against Vandalism
A. The word “City” as herein used shall mean the City of Lakeshire.
B. The words “City Property” includes all items, things, and objects the title to which is
in the City and further includes those items, things, and objects commonly
designated and considered to be included within the meaning of the terms “City
Property”.
C. That no person, corporation, partnership, association, or group of any other
designation or nature shall at any time destroy, deface or otherwise damage any City
property.
D. Any person, corporation, partnership, association, or other group found guilty of the
violation of this Section shall be fined in an amount not to exceed twice the value of
the property destroyed or twice the cost of repair of the property defaced or
otherwise damaged.
Section 100.070 - - Street Department Emergency Fund
A. An emergency fund is hereby created and appropriation of $1,500.00 from the City
Treasury is hereby authorized as the amount which shall be maintained in said fund.
As funds are used from this fund during the course of the year and their use
approved by the Board of Aldermen the fund shall be supplemented to keep the
balance at $1,500.00.
B. The purpose of the above-mentioned fund is for emergency street and alley repairs,
emergency street sign repairs and replacements, and emergency lighting repairs and
replacements for the entrance lights to the City of Lakeshire.
C. The Street Commissioner is hereby authorized to make the expenditures necessary
for carrying out the purposes of this Section after the approval of the Mayor of the
City of Lakeshire has been obtained.
D. All funds expended under the authority of this Section shall be confined to
emergency repairs of the kind described in or similar to those described in
Subsection B above.
Section 100.080 - - Emergency Repairs Authorization for the Mayor and Chief of Police
! 7
Updated 11.21.2017
A. During the time period between each regular meeting of the Board of Aldermen, the
Major and the Chief of Police are each hereby authorized to spend up to $5,000 for
emergency purposes without first obtaining the approval of the Board of Aldermen.
B. “Emergency purposes” as used in subsection A of the section shall be defined as
those purposes requiring the immediate action and expenditure of funds by the
Mayor of Chief of Police in order to avoid or alleviate a serious impairment of City
services or a serious danger to the City and its citizens.
C. Any expenditures made under these sections shall be specifically presented to the
Board of Aldermen at its next regular meeting for its review and approval; however,
the Board of Aldermen may not hold either official financially liable for any
expenditure it disapproves if said expenditure was made in good faith under the
authority of this section.
Section 100.090 - - Audit Requirements
A. All general and special accounts of the City of Lakeshire, including the accounts of
the Municipal Court, shall be subject to an annual audit at the end of each calendar
year by a qualified independent Certified Public Accountant who shall submit a
report to the Mayor and the Board of Aldermen.
B. Said C.P.A. shall be selected by the Board of Aldermen on the basis of his or her
familiarity with municipal finances, the type of audit and report the C.P.A. is
prepared to submit, and the cost of said services.
Section 100.100 - - Policies for the Sale of City Property and the Purchase of Goods and Services
for the City
Section 1. A general purchasing policy for the City of Lakeshire is hereby adopted as set
out in the following paragraphs, but said policy shall not limit the authority of the Mayor, Chief
of Police and Street Commissioner to expend funds under the emergency provisions of Sections
100.070 and 100.080 of the Lakeshire Municipal Code.
A. Purchases of Five Hundred Dollars or less may be authorized by the Mayor without
the approval of the Board of Aldermen without obtaining bids.
B. Purchases of Between Five Hundred Dollars and Fifteen Hundred Dollars may be
authorized by the Major with the approval of the Board of Aldermen on the basis of
oral bids obtained by the Major or a department head.
! 8
Updated 11.21.2017
C. Purchases or contracts for services in excess of Fifteen Hundred Dollars shall require
that the Mayor or a department head solicit at least three (3) sealed bids. Said
solicitation shall include a general description of the articles to be purchased or the
services to be performed, and the time and place for opening the sealed bids. If three
responsible suppliers cannot be reasonably located, the Mayor or department head
shall so certify to the Board upon presentation of the bids.
D. Sealed bids shall be received by the Mayor or a department head and shall be
identified as bids on the envelope. The bids shall be opened in public before the
Board of Aldermen at the time and place stated in the invitation to bid; and after the
opening, the Mayor or the department head shall tabulate all bids received and shall
inform the Board of his or her recommendations as to whom the Board should award
the contract.
E. The Board, upon receiving the tabulation and recommendation of the Mayor or
department head, shall award the contract to the lowest responsible bidder, but shall
have the right to reject any and all bids.
F. The following shall be the minimal guidelines in determining the lowest responsible
bidder:
(1) The ability, capacity and skill of the bidder to perform the contract
or provide the services required.
(2) Whether the bidder can perform the contract or provide the
services promptly or within the time specified, without delay or
interferences.
(3) The character, integrity, responsibility, judgment, experience and
efficiency of the bidder.
(4) Whether the bidder is in default on the payment of taxes, licenses
or other moneys due the City, and this factor alone shall justify
disqualification.
(5) The quality and performances of previous contracts or services.
(6) The previous and existing compliance by the bidder with laws, the
provisions of this Code and other City ordinances relating to the
contract services.
(7) The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
! 9
Updated 11.21.2017
(8) The quality, availability and adaptability of the supplies or
contractual services to the particular use required.
(9) The ability of the bidder to provide, where applicable, future
service and maintenance of equipment which is the subject of the
contract.
(10) The number and scope of conditions attached to the bid.
Section 2. Exceptions to the purchasing policy:
A. Single-source purchases. In the event there is only one acceptable vendor capable of
furnishing a particular service or commodity, the department head may be authorized
to procure such service or commodity without bidding. The department head shall
document the particular facts which make the item a single-source purchase, and the
purchase shall be approved by the Board of Aldermen.
B. Emergency purchases. Where an emergency situation requires immediate purchase
of supplies or services and time is of the essence, the department head is authorized
to procure the supplies or devices needed without following the bidding procedures.
The department head shall maintain a written record of the circumstances
surrounding emergency purchases and the purchases shall be approved by the Board
of Aldermen.
C. Situations calling for competitive negotiations. Where it can be demonstrated that
the City receives the best value on a purchase through informal discussion and
bargaining rather than through the conventional bidding process, the department
head need not follow the conventional bidding process exclusively. Such purchases
shall be documented by the department head and given prior approval by the Mayor
and Board of Aldermen. Examples would include, but not limited to, circumstances
where time is a crucial factor, when the procurement involves high technology items,
or when there is obvious inherent economy in purchasing from a particular vendor.
D. Professional Services. Contracts for services of professional persons, including, but
not limited to, attorneys, physicians, accountants, or other services requiring expert
or special knowledge or skill, including, but not limited to, planning consultants,
insurance advisors and brokers, auditors, public relations consultants, real estate
brokers, and landscape architects shall be exempt from the requirement of
competitive bidding.
! 10
Updated 11.21.2017
Section 3. State and Federal Laws: Except in cases where they are not as restrictive as
the City’s purchasing regulations, applicable state and federal laws shall supersede any
regulations of the City of Lakeshire concerning purchasing.
Section 4. Subdivision of contracts: No contract or purchase shall be subdivided to avoid
the requirements of the City’s Purchasing Policy.
! 11
Updated 11.21.2017
MAYOR AND BOARD OF ALDERMAN
CHAPTER 105
Section 105.010 - - Mayor May Declare Emergencies & Deputize Officers, When
A. The Mayor of the City of Lakeshire is herewith empowered to declare an emergency
existing within the confines of the City of Lakeshire.
B. The Mayor shall be the sole judge of whether or not such an emergency may be
declared.
C. Upon declaration of an emergency the Mayor may appoint and delegate individuals
to the position of Police Officer of the City of Lakeshire in such number as he may
deem advisable to cope with the emergency.
D. When appointed, such individuals shall have full power and authority to act as
general law enforcement officers, and shall have full power and authority to perform
all acts generally performed by the Chief of Police and Police Officers of the City of
Lakeshire.
E. Such individuals shall be empowered to act until the Mayor declares the emergency
at an end.
F. Should the Mayor be unable to declare an emergency then the President of the Board
of Aldermen of Lakeshire shall have the powers herein given the Mayor.
Section 105.020 - - Qualified Police Officer Granted Authority to Respond to Emergency
Situations Outside the City Boundaries
A. Pursuant to authority granted under Section 577.060, Subsection 19, RSMo. 1978,
qualified police officers of the City of Lakeshire are hereby authorized to respond to
emergency situations outside the boundaries of the City of Lakeshire.
B. As used in this Section, “qualified police officer” shall mean an officer who has
completed the basic police training program as promulgated by Chapter 590, RSMo.;
and “emergency situation” shall mean any unforeseen combination of circumstances
or events involving danger or imminent danger to human life or property which
requires immediate action.
! 12
Updated 11.21.2017
Section 105.030 - - Mayor May Declare Emergency and Request Outside Assistance,
When
A. In the event that an emergency exists within the City of Lakeshire, the Mayor of the
City of Lakeshire may request assistance from the police forces, and other
appropriate officers, of St. Louis County and any other municipalities willing to lend
assistance.
B. All members of police forces responding to the request for assistance may be
deputized as members of the police force of the City of Lakeshire by the Mayor.
C. The determination of whether an emergency exists shall be made by the Mayor of
the City of Lakeshire.
D. In the event that the Mayor is absent from the City of Lakeshire, the foregoing acts
shall be made by the President of the Board of Aldermen.
Section 105.040 - - General Rules for the Board of Aldermen
A. Meetings of the Board of Aldermen shall be held in the City Hall subject to change
of place in case of emergency. Regular meetings will be held at 7:00 p.m. on the
second Monday in each month unless otherwise adjourned by a majority of the
Board of Aldermen to a specific date and time. Special meetings shall be held at
such time as may be fixed by the call of the Major or three members of the Board of
Aldermen, and notice shall be posted in at least two places in the City for 48 hours
before the meeting. In addition to the posting of notice, each member of the Board
of Aldermen and the Mayor shall be notified of the call of any special meeting by
written notice delivered to their home address. Notice of regular meetings of the
Board of Aldermen shall also be posted at the City Hall, and the notice of both
regular and special meetings shall include a tentative agenda specifying the topics to
be discussed at the meeting. If the second Monday in a month shall be a legal
holiday, then the regular meeting of the Board of Aldermen shall be held at 7:00 p.m.
on the third Monday in that month.
B. The Board of Aldermen shall on the third Tuesday of April each year, or as soon
thereafter as practicable, elect a President, who shall in the absence or disability of
the Mayor, succeed to, and perform all of the duties and functions of the Mayor.
C. The Board of Aldermen shall keep a journal of its proceedings. Copies of the
previous month’s minutes shall be distributed to all Aldermen not later than ten days
prior to the meeting.
! 13
Updated 11.21.2017
D. The Duty of the Mayor: The Mayor, or in his absence, the President, shall take the
chair at the appointed hour for any meeting of the Board. He shall call the members
to order and on the appearance of a quorum shall cause the Journal of the preceding
meeting to be read, to the end that mistakes, if any, shall be corrected. He shall
preserve order and decorum and shall decide all questions of order, subject to the
right of appeal by any member of the Board, which shall decide such questions
without debate except that the appellant may state the grounds upon which he bases
his appeal. The Mayor shall be a member of the committee. The Major shall cast a
vote in order to break a tie of the Board, but shall not vote otherwise.
E. The City of Lakeshire does hereby establish and fix, effective June 2016, the salary
of the Mayor of the City of Lakeshire, Missouri at the rate of $227.81 per month.
F. The City of Lakeshire does hereby establish and fix, effective June 2016, the salary
of the members of the Board of Aldermen of the City of Lakeshire, Missouri at the
rate of $95.09 per month.
Section 105.050 - - Order of Business, Board of Aldermen
A. The order of business shall be as follows:
1. Call to Order and Pledge of Allegiance
2. Roll Call
3. Comments of Lakeshire Citizens
4. Approval of minutes of previous meetings
5. Reports of City Officials
6. Introduction and reading of Bills
7. Second reading of Bills
8. Passage of Bills - Third reading
9. Petitions and Communications
10. Resolutions
! 14
Updated 11.21.2017
11. Reports of Special Committees
12. Unfinished business
13. New business
14. Adjournment
Section 105.070 - - Infractions of the Rules; Board of Aldermen
A. If any member transgresses the Rules of the Board of Aldermen, the Chair shall or
any member may, call him to order, in which case the member called to order shall
immediately cease speaking. The person calling the member to order shall then state
the rule or order transgressed and the Chair shall decide whether the point of order
was well taken or not, subject to appeal from his decision to the Board of Aldermen.
When such appeal is seconded, the question shall be put in this form: “Shall the
decision of the Chair stand as the opinion of the Board of Aldermen?” and unless a
majority of the members present vote in the negative, the decision of the Chair shall
be considered as sustained. If there be no appeal, the decision of the Chair shall be
submitted to without debate. If the point of order be decided not well taken, the
member called to order shall not proceed until leave be given; and if the case
requires it, he shall be liable to censure of the Board of Aldermen. On such question
of order, no member shall speak more than twice, except the Chair, who shall be
heard in preference to any other member. All questions of order shall be noted by
the Secretary with the decision on the Journal.
B. Every member present shall vote on each question stated by the Chair, unless
excused.
C. If the majority of the Aldermen present vote in the affirmative, any motion or
resolution may be set down as a special order of business at a time certain, but not
otherwise.
D. No motion shall be put or debated unless it is seconded. When a motion is seconded
it shall be stated by the Chair before debate, and the proposer of the motion shall be
entitled to the floor.
E. After a motion or resolution is stated by the Chair, it shall be in the possession of the
Board, but may be withdrawn at any time before the decision or amendment by
consent of the Board.
! 15
Updated 11.21.2017
F. In all cases where a resolution or motion is entered on the minutes, the name of the
member moving same shall be entered.
Section 105.080 - - Taking and Entering Vote, Board of Alderman
A. If any member requests it, the yeas and nays on any question (unless otherwise
specifically provided herein) shall be taken and entered on the minutes, bu the yeas
and nays shall not be taken unless called for previous to decision of the vote on the
question. The vote on all bills however, shall be yeas and nays and shall be entered
on the Journal.
B. Any Alderman voting in the minority on any subject and protesting against the vote
of the Board, may have his protest entered on the Journal, if the tenor and language
of such protest would have been admissible in the discussion of the subject.
C. When a question is under debate, the only motion in order shall be:
1. To adjourn to a time certain
2. To adjourn
3. To lay on the table
4. The previous question
5. To amend
6. To substitute
7. To postpone indefinitely, or to a day certain
Number 2, 3, and 4 shall be decided without debate.
D. A motion to adjourn shall always be in order, except
1. When a member is in possession of the floor
2. When the yeas and nays are being called
3. When the members are voting
4. When an adjournment was the last preceding motion
5. When it has been decided that the previous question shall be taken.
E. When a motion is postponed indefinitely, it shall not be taken up again at the same
meeting.
F. A motion to amend an amendment shall be in order, but one to amend an amendment
to an amendment shall not be introduced. An amendment modifying the intention of
a motion shall be in order, but an amendment relating to a different matter shall not
be in order.
! 16
Updated 11.21.2017
G. After a bill has passed, and not before, the title of said bill may be amended to
conform to the body thereof.
H. A vote or question may be reconsidered at any time during the same meeting or at
the first regular meeting held thereafter, but not otherwise. A motion for
reconsideration being once made, and decided in the negative shall not be renewed,
nor shall the vote to reconsider to reconsidered.
I. A motion to reconsider shall require a vote of a majority of the members of the
Board elected, for its adoption. Such a motion can only be made by a member who
voted with the majority on the original motion.
J. Each bill shall be introduced by the Major or a member of the Board of Aldermen.
The proposer of the Bill shall have his name typed on the first sheet of the Bill and
shall read the bill for the first reading.
K. Emergency measures providing for the immediate preservation of the public peace,
health or safety, shall be declared to be emergency measures, in the title and body
thereof.
L. No ordinance shall be revised or re-enacted by reference to the title, but the same
shall be set forth at length as if it were an original ordinance.
M. Bills returned with the disapproval of the Mayor shall stand as reconsidered. The
Secretary shall enter the objections of the Mayor thereto upon the Journal and the
Board shall proceed to consider the question, “Shall the bill pass, the objection of the
Mayor thereto notwithstanding?” The vote shall be taken by yeas and nays entered
on the Journal. If two-thirds of all the members vote to pass the bill, the President of
the Board of Aldermen shall sign the Bill and certify that fact thereon over his
signature.
N. A majority of the members elect shall constitute a quorum. A smaller number may
adjourn from day to day. Any three members may compel the attendance of
absentees.
O. Every bill introduced shall, immediately after the first reading of such bill, be
reproduced by the Clerk and one copy furnished to each member of the Board,
provided, however, that any bill introduced which provides for the granting of any
franchise or extension of any franchise or privilege on any street, alley, or park, or
any zoning privilege, shall immediately after the first reading of such bill, be printed
by the person or corporation seeking such franchise or favor, and one copy of the
proposed ordinance shall be furnished to each member of the Board; provided,
! 17
Updated 11.21.2017
however, that any bill above described shall not be further considered unless this rule
is complied with.
P. Before the reading of any resolution, a copy of same shall have been placed before
each member of the Board.
Q. No members shall be permitted to vote or serve on any committee when the matter
under consideration involves in any way his private rights as distinguished from the
public interest of such member.
R. The prevailing rules of parliamentary practice comprised in Roberts Rules of Order
shall govern the Board in all cases insofar as they are consistent with the above
defined rules and the Statutes of the State of Missouri.
S. All hearings, whether conducted by the Board of Aldermen, or any other duly
appointed Board, shall be public, and any person desiring to be heard shall have the
opportunity to be heard at such hearing, but shall not be questioned or addressed by
any person not a member of the Board conducting the hearing except by majority
vote of at least a quorum thereof.
T. The style of the ordinances of the City shall be: “Be it ordained by the Board of
Aldermen of the City of Lakeshire, as follows:” No ordinance shall be passed except
by bill, and no bill shall become an ordinance unless on its final passage a majority
of the members elected to the Board of Aldermen shall vote for it, and the ayes and
nays be entered on the journal. Every proposed ordinance shall be introduced to the
Board of Aldermen in writing and shall be read by title or in full two times prior to
passage, both readings may occur at a single meeting of the Board of Aldermen. If
the proposed ordinance is read by title only, copies of the proposed ordinance shall
be made available for public inspection prior to the time the bill is under
consideration by the Board of Aldermen. No bill shall become an ordinance until it
shall have been signed by the Major or person exercising the duties of the Mayor’s
office, or shall have been passed over the Mayor’s veto, as herein provided.
Section 105.090 - - General Rules Governing Citizen Participation at Aldermanic
Meetings.
A. The general rules for citizen comments during any portion of the Aldermanic session
including “comments of Lakeshire citizens” shall be regulated according to
provisions of Subsections B, C, and D of this Section.
B. During the time period reserved for “comments of Lakeshire citizens” any citizen
may be asked to be recognized by the Chair and upon being recognized may speak
! 18
Updated 11.21.2017
for a reasonable period of time concerning any question relating to the City or City
business. The presiding officer shall not allow any citizen to speak for an excessive
period of time or speak on subjects not relating to the condition or business of the
City. If the presiding officer so rules, and asks the citizen to cease speaking, the
citizen shall immediately comply. However, if two members of the Board of
Aldermen request that the citizen be allowed to continue to speak, the presiding
officer shall so allow it.
C. Any citizen who is not a resident of the City of Lakeshire must obtain the permission
of the presiding officer or at least two members of the Board of Aldermen in order to
be permitted to speak at a session of the Board of Aldermen. This rule shall not
apply to specialists, consultants, or bidders for City business who have been invited
to speak on specified topics before the Board of Aldermen. Such invitation may be
issued by the Mayor or two members of the Board of Aldermen after notifying the
presiding officer that such invitation has been issued.
D. Any person who uses loud, abusive or insulting language shall be warned by the
Chairman of the meeting that he shall be denied his permission to speak if he persists
in such conduct. If after one warning said person persists in said similar conduct,
then said person shall be removed from the meeting by the Chief of Police or his
designated Officer acting at the direction of the Mayor or a majority of the Board of
Aldermen.
Section 105.100 - - Attendance at Meetings
A. The Mayor and members of the Board of Aldermen shall be required to attend all
regular and special meetings of the Board unless leave of absence is granted by the
Board or unless excused by the Mayor for illness or other special reason subject to
the approval of the Board.
B. If the Mayor, or any member of the Board of Aldermen, or any appointed City
Official shall be absent from two consecutive meetings without excuse, that said
absence shall constitute a dereliction of their duty and upon motion made by a
member of the Board of Aldermen, a resolution for their impeachment shall be
considered by the Board of Aldermen. The sufficiency of any excuse is to be passed
upon by the Board and he may be removed from office by resolution of the Board of
Aldermen at any regular meeting of the Board, whether or not the member in
question is present, such resolution to be voted upon favorably by at least two-thirds
of all of the members elected to the Board.
C. In the event of illness or physical incapacity of a permanent nature, making it
impossible for an Alderman to attend meetings and perform his duties as such, the
! 19
Updated 11.21.2017
Board of Aldermen upon satisfactory showing of such conditions and that the
incapacity has existed for a period of not less than thirty (30) days and being
satisfied that the Alderman will be unable to attend meetings and perform the duties
of his office for an additional period of third (30) days or more, may remove such
Alderman from office by a two-thirds vote of the members elected to the Board of
Aldermen.
D. In the event any member of the Board is consistently delinquent in his duties and
fails to perform duties assigned to him by the Mayor and Board of Aldermen in the
regular course of business, charges to that effect may be filed against him by the
Mayor or any member of the Board of Alderman in question shall be notified to
appear at the next regular meeting of the Board where he may be heard in his own
defense. If the charges are proven to the satisfaction of at least two-thirds of the
members elected to the Board of Aldermen, they may, by resolution voted upon
favorably by at least two-thirds of all the members of the Board, remove said
member.
E. Vacancies occurring under this section shall be filled in the manner provided by law
as in the case of any other vacancy.
Section 105.110 - - Supervisory Duties of the Mayor
The Mayor is the chief administrative officer of the City and shall be solely
responsible for the control and supervision of all appointed city officials subject to the
approval of the Board of Aldermen. This administrative control may be limited by
specific rules, regulations, and directives and ordinances duly approved by a majority of
the members elected to the Board of Aldermen but said rules, regulations and directives
and ordinances may not deprive the Mayor of his general supervisory responsibilities as
prescribed by the ordinances of the City and the laws of the State of Missouri.
Section 105.120 - - Duties of the Board of Aldermen and Mayor, Limitations on
Individual Members of the Board
The Board of Aldermen shall have, in concert with the Mayor, the duty of care,
management, and control of the City and its finances, and they shall have the power to
enact and ordain any and all ordinances not repugnant to the constitution and law of the
State of Missouri to accomplish their purposes within the limits prescribed for the
governing bodies of fourth class cities by the laws of the State of Missouri. Individual
members of the Board of Aldermen shall have no control or supervisory powers over any
city officials unless such a power is specifically delegated by ordinance or resolution duly
passed by a majority of the members of the Board of Aldermen. No Alderman shall act
or represent himself to be acting on behalf of the city concerning any city business unless
! 20
Updated 11.21.2017
the Board of Aldermen has specifically delegated that authority to said Aldermen.
Individual citizen complaints received by members of the Board concerning problems
specific to a particular ward shall first be referred to both aldermen representing said
ward. If the actions of the Alderman representing the ward are not sufficient to remedy
the complaint, then the complaint should be presented to the whole Board.
Section 105.125 - - Reimbursement of Expenses of Public Officials and Employees
A. Pursuant to Section 105.272 of the Revised Statutes of Missouri, the City elects to
pay expenses incurred by its elected and appointed officials and employees in the
performance of the official business of the City.
B. The expenses to be paid shall refer only to expenses actually and necessarily
incurred by an elected or appointed official or an employee in the performance of the
official business of the City. These expenses include hotel/motel rooms, meals,
travel, registrations, tips, tolls, cab fare, parking fees, honorariums, and any
telephone calls necessary for the business of the City.
C. In order to be reimbursed for the expenses, the official or employee must submit a
voucher of claimed expenses which must be certified by the official or employees as
being true and correct. Vouchers must be submitted to the treasurer within thirty
(30) days of the expenditures in order to be reimbursed. The treasurer shall be
responsible for reviewing such vouchers of expenses and for ensuring
reimbursement of only those expenses of officials and employees property incurred.
Reimbursement shall be made only after the vouchers are presented to the Mayor
and Board of Aldermen at the next regularly scheduled Board of Aldermen Meeting
and approved by a majority vote of the Board of Aldermen.
D. The treasurer may authorize cash advances in particular instances when the projected
expenses to be incurred by the official or employee would pose a financial burden on
said person. If the treasurer authorizes an advance, then the voucher for the
expenses actually and necessarily incurred and the balance of the advance remaining
after the expenditures shall be submitted to the treasurer as provided in subsection C
of this section within ten (10) days after such expenses are actually incurred. Before
the treasurer may authorize any cash advance, the cash advance must be first
approved by a majority vote of the Board of Aldermen.
Section 105.130 - - Governmental Bodies - - Meetings, Records, Votes
A. Definitions: As used in Section 105.130, unless the context otherwise indicates, the
following terms mean:
! 21
Updated 11.21.2017
1. “Closed meeting”, “closed record”, or “closed vote”: any meeting, record or
vote closed to the public;
2. “Public governmental body”: any legislative, administrative governmental
entity created by the constitution or statutes of the State of Missouri, or by
order or ordinance of the City of Lakeshire, including any body, agency,
board, commission or committee appointed by the Mayor or the Board of
Aldermen;
3. “Public meeting”: any meeting of a pubic governmental body subject to
Section 105.130 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 this Section;
4. “Public record”: 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;
5. “Public vote”: any vote cast at any public meeting of any public
governmental body.
B. POLICY.
1. It is the public policy of this City that meetings, records, votes, actions and
deliberations of public governmental bodies of this City be open to the public
unless otherwise provided by law. This ordinance shall be liberally construed
and its exceptions strictly construed to promote this public policy.
2. Except as otherwise provided by law, all public meetings of public
governmental bodies of this City shall be open to the public as set forth in
subsection D, all public records of public governmental bodies of this City
shall be open to the public for inspection and copying as set forth in
subsection H, and all public votes of public governmental bodies of this City
shall be recorded as set forth in subsection C.
C. VOTES.
Except as provided in Sub-section E, and except as otherwise provided by law, all
public votes shall be recorded, and if a roll call is taken, as to attribute each “yea” and
“nay” vote, or abstinence if not voting, to the name of the individual member of the
! 22
Updated 11.21.2017
public governmental body, and all public meetings shall be open to the public and public
votes and public records shall be open to the public for inspection and duplication.
D. PUBLIC MEETINGS.
1. All public governmental bodies of the City shall give notice of the time, date
and place of each meeting, and its tentative agenda, in a manner reasonably
calculated to apprise the public of that information. Reasonable notice shall
include making available copies of the notice to any representative of the
news media who requests notice of a particular meeting and posting the
notice on a bulletin board or other prominent place which is easily accessible
to the public and clearly designated for that purpose at the principal office of
the body holding the meeting.
2. Notice conforming with all of the requirements of paragraph 1 shall be given
at least twenty-four hours prior to the commencement of any meeting of a
governmental body unless for good cause such notice is impossible or
impractical, in which case as much notice as is reasonably possible shall be
given. Each meeting shall be held at a place reasonably accessible to the
public, and at a time reasonably convenient to the public, unless for good
cause such a place or time is impossible or impractical. Every reasonable
effort shall be made to grant special access to the meeting to handicapped or
disabled individuals.
3. When it is necessary to hold a meeting on less than twenty-four hours notice,
or at a place that is not reasonably accessible to the public, or at a time that is
not reasonably convenient to the public, the nature of the good cause
justifying that departure from the normal requirements shall be stated in the
minutes.
4. A formally constituted subunit of a parent governmental body may conduct a
meeting without notice as required by this Section during a lawful meeting of
the parent governmental body, a recess in that meeting, or immediately
following that meeting, if the meeting of the subunit is publicly announced at
the parent meeting and the subject of the meeting reasonably coincides with
the subjects discussed or acted upon by the parent governmental body.
5. If another provision of law requires a manner of giving specific notice of a
meeting, hearing or an intent to take action by a governmental body,
compliance with that section shall constitute compliance with the notice
requirements of this Section.
! 23
Updated 11.21.2017
E. CLOSED MEETINGS.
Except to the extent disclosure is otherwise required by law, a public
governmental body is authorized to close meetings, records, and votes, to the extent they
relate to the following:
1. Legal actions, causes of action or litigation involving a public governmental
body and any confidential or privileged communications between a public
governmental body or its representatives and its attorneys. However, any
vote relating to litigation involving a public governmental body shall be
made public upon final disposition of the matter voted upon provided,
however, in matters involving the exercise of the power of eminent domain,
the vote shall be announced or become public immediately following the
action on the motion to authorize institution of such a legal action. Legal
work product shall be considered a closed record;
2. Leasing, purchase or sale of real estate by a public governmental body where
public knowledge of the transaction might adversely affect the legal
consideration therefore. However, any vote or public record approving a
contract relating to the leasing, purchase or sale of real estate by a public
governmental body shall be made public upon execution of the lease,
purchase or sale of the real estate;
3. Hiring, firing, disciplining or promoting an employee of a public
governmental body. However, any vote on a final decision, when taken by a
public governmental body, to hire, fire, promote or discipline an employee of
a public governmental body must be made available to the public within
seventy-two hours of the close of the meeting where such action occurs;
provided, however, that any employee so affected shall be entitled to prompt
notice before such decision is made available to public;
4. Preparation, including any discussions or work product, on behalf of a public
governmental body or its representatives for negotiations with employee
groups;
5. Software codes for electronic date processing and documentation thereof;
6. Specifications for competitive bidding, until either the specifications are
officially approved by the public governmental body or the specifications are
published for bid;
! 24
Updated 11.21.2017
7. Sealed bids and related documents, until the earlier of either when the bids
are opened, or all bids are accepted or all bids are rejected;
8. Individually identifiable personnel records, performance ratings or records
pertaining to employees or applicants for employment, except that this
exemption shall not apply to the names, positions, salaries and lengths of
service of officers and employees of public governmental bodies of the City
once they are employed as such;
9. Records which are protected from disclosure by law.
F. PROCEDURE FOR CLOSING MEETINGS.
1. Except as set forth in paragraph 2 of this subsection, no meeting or vote may
be closed without an affirmative public vote of the majority of a quorum of
the public governmental body. The vote of each member of the public
governmental body on the question of closing a public meeting or vote and
the specific reason for closing that public meeting or vote by reference to a
specific subsection of this Section of the Lakeshire Municipal Code shall be
announced publicly at an open meeting of the governmental body and
entered into the minutes.
2. A public governmental body proposing to hold a closed meeting or vote shall
give notice of the time, date and place of such closed meeting or vote and the
reason for holding it by reference to the specific exception allowed under the
provisions of subsection E. Such notice shall comply with the procedures set
forth in subsection D for notice of a public meeting.
3. Any meeting or vote closed pursuant to subsection E shall be closed only to
the extent necessary for the specific reason announced to justify the closed
meeting or vote. Public governmental bodies shall not discuss any business
in a closed meeting, record or vote which does not directly relate to the
specific reason announced to justify the closed meeting or vote.
4. Nothing in this Section shall be construed as to require a public governmental
body to hold a closed meeting, records or vote to discuss or act upon any
matter.
5. Public records shall be presumed to be open unless otherwise exempt under
the provisions of subsection E.
G. PUBLIC RECORDS.
! 25
Updated 11.21.2017
1. The custodian responsible for maintaining the public records of the City of
Lakeshire shall be the City Clerk, who shall be responsible for carrying out
the provisions of this subsection.
2. Each public governmental body shall make available for inspection and
copying by the public of that body’s public records. No person shall remove
original public records from the office of a public governmental body or its
custodian without written permission of the designated custodian.
3. Each request for access to a public record shall be acted upon as soon as
possible, but in no event later than the end of the third business day following
the date the request is received by the custodian of records of a public
governmental body. If access to the public record is not granted immediately,
the custodian shall give a detailed explanation of the cause for further delay
and the place and earliest time and date that the record will be available for
inspection. This period for document production may exceed three days for a
reasonable cause.
4. If a request for access is denied, the custodian shall provide, upon request, a
written statement of the grounds for such denial. Such statement shall cite
the specific provision of law under which access is denied and shall be
furnished to the requester no later than the end of the third business day
following the date that the request for the statement is received.
H. COPYING OF PUBLIC RECORDS.
1. Each public governmental body may prescribe reasonable fees for providing
access to or furnishing copies of public records subject to the following:
(a) Fees for copying public records shall not exceed the actual cost of
document search and duplication. Documents may be furnished
without charge or at a reduced charge when the public governmental
body determines that waiver or reduction of the fee is in the public
interest because it is likely to contribute significantly to public
understanding of the operations or activities of the public
governmental body and is not primarily in the commercial interest of
the requester.
(b) Fees for providing access to public records maintained on computer
facilities, recording tapes or discs, video tapes or films, pictures,
slides, graphics, illustrations or similar audio or visual items or
! 26
Updated 11.21.2017
devices, shall include only the cost of copies and staff time required
for making copies.
2. Payment of such copying fees may be requested prior to the making of
copies.
3. Except as otherwise provided by law, each public governmental body of the
City shall remit all moneys received by or for it from fees charged pursuant
to this subsection to the City Treasurer.
I. REMEDIES AND PENALTIES.
1. The remedies provided by this subsection against public governmental bodies
shall be in addition to those provided by any other provision of law. Any
aggrieved person, taxpayer to, or citizen of, this state, or the attorney general
or prosecuting attorney, may seek judicial enforcement of the requirements of
Section 105.130. Suits to enforce Section 105.130 shall be brought in the
Circuit Court of St. Louis County.
2. Once a party seeking judicial enforcement of Section 105.130 demonstrates
to the Court that the body in question is subject to the requirements of
Section 105.130 and has held a closed meeting, record or vote, the burden of
persuasion shall be on the body and its members to demonstrate compliance
with the requirements of Section 105.130.
3. Upon a finding by a preponderance of the evidence that a member of a public
governmental body has purposely violated Section 105.130, the member may
be subject to a civil fine in the amount of not more than three hundred dollars
and the Court may order the payment by such member of all costs and
reasonable attorney’s fees to any party successfully establishing a violation of
Section 105.130.
4. Upon a finding by a preponderance of the evidence that a public
governmental body has violated Section 105.130, a Court shall void any
action taken in violation of Section 105.130 if the Court finds under the facts
of the particular case that the public interest in the enforcement of the policy
of Section 105.130 outweighs the public interest in sustaining the validity of
the action taken in the closed meeting, record or vote. Suit for enforcement
must be brought within six months from which the violation is ascertainable
and in no event shall it be brought later than one year after the violation.
This paragraph shall not apply to an action taken regarding the issuance of
bonds or other evidence of indebtedness of a public governmental body if a
! 27
Updated 11.21.2017
public hearing, election or public sale has been held regarding the bonds or
evidence of indebtedness.
5. A public governmental body of the City which is in doubt about the legality
of closing a particular meeting, record or vote may bring suit at the expense
of the City in the Circuit Court of St. Louis County to ascertain the propriety
of any such action, or seek a formal opinion of the attorney general or an
attorney for the governmental body.
J. DEFENSES.
1. Any public governmental body may provide for the legal defense of any
member charged with a violation of Section 105.130.
2. Any member or employee of the City who complies with the provisions of
this Section of the Lakeshire Municipal Code is not guilty of a violation of
the provisions of Sections 610.010 to 610 030 RSMo., and is not subject to
civil liability for any act arising out of this adherence to the provisions of
Section 105.130 of the Lakeshire Municipal Code.
3. No person who in good faith reports a violation of the provisions of Sections
610.010 to 610.030 RSMo., or Section 105.130 of the Lakeshire Municipal
Code, is civilly liable for making such report, nor, if such person is an officer
of employee of the City, may such person be demoted, fired, suspended or
otherwise disciplined for making such report.
! 28
Updated 11.21.2017
APPOINTED CITY OFFICIALS
CHAPTER 100 AMENDMENT
Sections 110.020, 110.030, 110.040, 110.050, 110.060, 110.080 and 110.090 of
this Code have been amended to remove the provisions for a two-year term of office and
to provide for a one-year term of office beginning May 1 and ending April 30 of every
year. Section 110.070 continues to provide for a two-year term beginning May 1 and
ending April 30 of every even-numbered year.
Sections 110.020, 110.030, 110.040, 110.050, 110.060, 110.080 and 110.090 of
the Lakeshire Municipal Code are hereby amended to remove the provisions for a one-
year term of office for appointed officials, and to provide for a two-year term of office
beginning the first Tuesday of May in every even-numbered year, and ending on the
Monday preceding the first Tuesday in May of every even-numbered year.
! 29
Updated 11.21.2017
APPOINTED CITY OFFICIALS
CHAPTER 110
Section 110.010 - - Supervision and Responsibility
All appointed officials of the City of Lakeshire shall be subject to the direct
supervision of the Mayor and shall be accountable for all their official acts to the Mayor
and the Board of Aldermen.
Section 110.020 - - City Clerk
The City Clerk shall be appointed by a majority of the members of the Board of
Aldermen for the term of two years commencing on the first day of May and ending on
the thirtieth day of April each even numbered year. The City Clerk may be removed
during his term of office, without cause being shown, by the Mayor with the consent of a
two-thirds vote of all members elected to the Board of Aldermen or by a two-thirds vote
of all members elected to the Board of Aldermen independently of the Mayor’s approval
or recommendation.
The duties and responsibilities of the City Clerk shall consist of the following:
(a) He shall attend the meetings of the Board, to record all ordinances which
may become laws and all resolutions passed by the Board. He shall have
custody of the City Seal, the original rolls of ordinances and resolutions
passed by the Board, the public records of the City, and all other such papers,
records and documents as may be entrusted to his care, and the same shall be
safely and property kept, and delivered the same to his successor in office at
the end of his term.
(b) He shall affix the City Seal to and countersign all public instruments,
documents and papers as are required by law or ordinance to be attested with
the Seal of the City. He shall certify under his hand and the Seal of the City
all such documents, copies or papers in his office as may be required for the
use of any City Officer or private citizen.
(c) He shall furnish to the City Attorney, Mayor, or the Board any record,
document or paper in his office, which either may be called for or be used in
Court; but for the same shall take and file a receipt. He shall whenever
required, furnish the Mayor, the Board of any committee, copies or abstracts
of any books, accounts, records, vouchers or documents in his office, or any
! 30
Updated 11.21.2017
information relating to the business of the City of his office, and he shall at
all times permit the Mayor, or any member of the Board, or any interested
City Official or other person, to examine any books, papers, or documents in
his office.
(d) He shall prepare, seal with the City Seal and countersign all commissions and
other official documents which the Mayor is required to issue and keep a
register thereof, in which the substance thereof shall be noted. He shall be
responsible for the recording of all proceedings of the Board of Aldermen in
open meetings and for maintaining the official journal of said proceedings.
(e) He shall procure stationery, books, and other articles necessary for his own
office and that of the Mayor and other City Officers, and for the Board, and
shall furnish all City Officers with such books as are required to be used or
kept by them, of which he shall keep an accurate account, taking receipts
from all officers to whom he shall deliver such supplies. He shall also pay
the postage on, or other necessary expenses of any official documents
received or sent by him or any other City Officer.
(f) He shall have the power to administer oaths or affirmations to parties or
witnesses in any case in which he may deem it necessary in the court of any
accounts or claims presented to him to be audited, and all oaths required by
law, including oaths of office, may be administered by the City Clerk, except
oaths in the Municipal Court, which shall be administered by the Municipal
Judge.
(g) He shall issue special bills as directed by ordinance. The City Clerk shall
keep a record of all special bills in a special book for that purpose, which
record shall show the date and the amount of each bill, the name of the party
to whom it was issued and the purposes for which the cost was incurred.
(h) The City of Lakeshire does hereby establish and fix, effective June 2016, the
salary of the City Clerk of the City of Lakeshire, Missouri at the rate of
$451.26 per month.
Section 110.030 - - City Treasurer
The City Treasurer shall be appointed by the Mayor with the approval of a
majority of the members of the Board of Aldermen. The City Treasurer’s term of office
shall be for two years commencing on the first day of May and ending on the thirtieth day
of April every even-numbered year. The City Treasurer may be removed during his term
of office, without cause being shown, by the Mayor with the consent of a two-thirds vote
! 31
Updated 11.21.2017
of all members elected to the Board of Aldermen or by a two-thirds vote of all members
elected to the Board of Aldermen independently of the Mayor’s approval or
recommendation.
The duties and responsibilities of the City Treasurer shall consist of the following:
(a) The Treasurer is to receive and safely keep all moneys, books, bonds and
obligations and any other property belonging to the City and entrusted to his
care, and deliver the same to his successor in office, taking duplicate receipts
therefore, one of which he shall file with the City Clerk.
(b) The Treasurer is to pay over all moneys of the City on warrants or orders
duly drawn, passed or ordered by the Board, and signed by the Mayor,
provided said expenditures have been budgeted.
(c) The Treasurer is to keep, in proper books, a full, accurate account of all
moneys received and disbursed by him for the City, showing the date of
receipt and disbursement, from which received and to whom paid, and on
what amount received and disbursed. He shall use the same format on the
books as the Budget Director.
(d) The Treasurer is to keep a faithful check upon the securities deposited by the
City, to secure the deposits so as to see that ample securities are deposited as
provided in the law, and to see that all provisions of any depository contracts
are strictly performed.
(e) The Treasurer is to make a report in writing to the Board at each regular
monthly meeting, showing the amount on hand and credited to the various
funds on the first day of the previous month, the disbursements during the
month following, the total amount in the treasury, and unexpended balances
to the credit of the respective funds on the last day of the previous month.
(f) The Treasurer is to give bond to the City in the amount as prescribed by law,
the cost of which shall be paid by the City.
(g) The City of Lakeshire does hereby establish and fix, effective June 2016, the
salary of the Treasurer of the City of Lakeshire, Missouri at the rate of
$331.27 per month.
Section 110.040 - - City Attorney and Municipal Prosecutor
! 32
Updated 11.21.2017
The City Attorney and Prosecutor shall be one person who shall be appointed by
the Mayor with the approval of a majority of the members of the Board of Aldermen.
The City Attorney and Municipal Prosecutor shall be a member in good standing of the
Missouri Bar duly licensed to practice law in the State of Missouri. The term of office of
the City Attorney and Municipal Prosecutor shall be for one year commencing on the first
day of June and ending on the thirtieth day of May each even numbered year. The City
Attorney and Municipal Prosecutor may be removed during his term of office, without
cause being shown, by the Mayor with the consent of a two-thirds vote of all members
elected to the Board of Aldermen or by a two-thirds vote of all members elected to the
Board of Aldermen independently of the Mayor’s approval or recommendation.
The duties of the City Attorney and Municipal Prosecutor shall be as follows:
(a) He shall attend all meetings of the Board of Aldermen unless excused by the
Mayor.
(b) He shall advise the various City Officials upon legal questions pertaining to
Municipal affairs.
(c) He shall prepare all ordinances, easements, contracts, and deeds of the City,
and other legal papers relating to the affairs of the City.
(d) He shall prepare the prosecution or defense of litigation involving the City in
any Court in this State, including pre-trial preparation and investigation and
legal research as well as appellate procedures.
(e) He shall recommend to the Board of Aldermen relative to the ordinances of
the City for revising and modernizing same.
(f) He shall supervise the preparation of all complaints, dockets, affidavits and
recognizances, transcripts and other papers arising out of any case in the
Municipal Court.
(g) He shall attend at and prosecute all violations of the City ordinances in the
Municipal Court.
(h) He shall prepare for trial Municipal Court matters, including advising police
officers relative to Municipal Court matters.
(I) He shall perform such additional duties as the Mayor and Board may
prescribe.
! 33
Updated 11.21.2017
(j) He shall have the authority to appoint an Assistant Municipal Prosecutor to
perform his functions as Municipal Prosecutor in the event he is unable to
perform said functions for a limited period of time.
Section 110.050 - - Building Commissioner
The Building Commissioner shall be appointed by the Mayor with the approval of
a majority of the members of the Board of Aldermen for a term of two years beginning on
the first day of May and ending on the thirtieth day of April each even numbered year.
The Building Commissioner may be removed during his term of office, without cause
being shown, by the Mayor with the consent of a two-thirds vote of all members elected
to the Board of Aldermen or by a two-thirds vote of all members elected to the Board of
Aldermen independently of the Mayor’s approval or recommendation.
The duties of the Building Commissioner shall be as follows:
(a) He shall attend all regular meetings of the Board of Aldermen unless excused
and shall submit a written report to the Board of Aldermen concerning the
performance of his duties during the preceding month.
(b) He shall control and supervise the issuance of all building permits subject to
the approval of the Board of Aldermen as required by the City ordinance. He
shall inspect and review all building plans for proposed buildings and report
to the Board of Aldermen whether said plans are in compliance with the
zoning laws and building regulations of the City of Lakeshire and St. Louis
County where applicable.
(c) He shall inspect for and cause to be removed or abated, hazards from
explosion, fire, combustion or other conditions which might be dangerous to
the safety of person or property; he shall see that all laws and provision of the
Building and Housing Codes relating to public safety are complied with and
enforced, and shall perform all duties as provided in the Building Code or the
ordinances provided to be performed by him as directed by the Mayor or the
Board of Aldermen.
(d) He shall inspect all apartment dwelling units after they become vacant and
prior to their occupancy by a new tenant to determine if said apartment
dwelling unit meets all standards of the City Housing Code and Affton Direct
District Ordinances. If the apartment dwelling unit shall meet said standards
and requirements he shall issue an occupancy permit for any new tenant.
! 34
Updated 11.21.2017
(e) He shall issue warning letters and if they are ineffective, citations to appear
in Municipal Court to any person or corporation constructing any structure or
project without a required permit, constructing or building in violation of a
permit, leasing apartments without an occupancy inspection and permit or
failing to remove or abate a hazard per subsection (d).
(f) He may appoint, subject to the approval of the Mayor and a majority of the
members of the Board of Aldermen, a Building Inspector to assist him in
carrying out the duties prescribed in this section. The Building Inspector’s
term of office shall be the same as the Building Commissioner, and he may
be removed without cause during that term in the same manner as prescribed
for the removal of the Building Commissioner.
(g) He may name, subject to appointment by the Mayor and the approval of a
majority of the members of the Board of Aldermen, a Planning Director who
shall assist the Building Commissioner and the Building Inspector in all
matters concerning the approval of construction plans, the inspection of
construction in progress or finished construction, and such other duties as the
Building Commissioner shall deem appropriate.
(h) The City of Lakeshire does hereby establish and fix, effective June 2016, the
salary of the Building Commissioner of the City of Lakeshire, Missouri at the
rate of $444.12 per month.
Section 110.055 - - Occupancy Permit Coordinator
The Occupancy Permit Coordinator shall be appointed by the Mayor with the
approval of a majority of the members of the Board of Alderman for a term of two years
beginning on the first day of May and ending on the thirtieth day of April each even
numbered year. The Occupancy Permit Coordinator may be removed during his or her
term of office, without cause being shown, by the Mayor with the consent of two-thirds
vote of all members elected to the Board of Alderman independently of the Mayor’s
approval or recommendation.
The duties of the Occupancy Permit Coordinator shall be as follows:
(a)He or she shall report to the Office of the Building Commissioner.
(b)He or she need not attend all regular meetings of the Board of Aldermen
but shall submit a written report to the Building Commissioner concerning the
performance of his or her duties during the preceding month.
! 35
Updated 11.21.2017
(c)He or she shall review, control and supervise all requests for inspection,
including the inspection, inspection report, inspection fee, and any permit or
violation resulting from the inspection.
(d)The Occupancy Permit Coordinator shall perform such additional duties
not herein specifically set out as required by law, by ordinance by the Board
of Aldermen, or Mayor.
Section 110.060 - - Public Works Director
The Public Works Director shall be appointed by the Mayor with the approval of a
majority of the members of the Board of Aldermen for a term of two years beginning on
the first day of May and ending on the thirtieth day of April each even numbered year.
The Public Works Director may be removed during his term of office, without cause
being shown, by the Mayor with the consent of a two-thirds vote of all members elected
to the Board of Aldermen or by a two-thirds vote of all members elected to the Board of
Aldermen independently of the Mayor’s approval or recommendation.
The duties of the Public Works Director shall be as follows:
(a) He shall be the operating and directing head of and in charge of all
employees, equipment, tools, stocks of materials and property of the
Department of Streets, but shall be subject to any direction by the Mayor or
the Board of Aldermen given in reference thereto.
(b) He shall direct the work of the opening, maintaining, cleaning and repair of
all streets, drains, bridges, sidewalks, parkways, trees, lawns, and public
places in the City. He shall make inspections to see that the streets, drains,
bridges, sidewalks, parkways, streets, lawns, and public places are
maintained and kept in good condition and free from obstructions and defects
which might impair their free and open use by the public or result in injury to
persons or property. He shall be directed by ordinance, erect and maintain all
street signs, traffic signs and markings. He shall further be responsible for
maintaining the entrance areas to the City of Lakeshire including all lighting
associated therewith.
(c) The Public Works Director shall attend all meetings of the Board unless
excused by the Mayor, and provide timely reports to the Board regarding the
needs of the Street Department. He shall provide sealed bids for the
consideration of the Board regarding snow removal, street repairs, grass
cutting, trash hauling, and any other concern of the Street Department.
! 36
Updated 11.21.2017
(d) He shall have charge of the physical construction and improvement of all
parks, parkways, playgrounds and other City-owned land and buildings to be
used for recreational purposes.
(e) The Director of Public Works shall perform such additional duties not herein
specifically set out as required by law, by ordinance by the Board of
Aldermen or Mayor.
(f) The City of Lakeshire does hereby establish and fix, effective June 2016, the
salary of the Public Works Director of the City of Lakeshire, Missouri at the
rate of $421.13 per month.
Section 110.070 - - Municipal Judge
The Municipal Judge shall be appointed by the Mayor with the approval of the
majority of the Board of Aldermen for the term of two (2) years beginning on the first
day of May and ending on the thirtieth day of April every second year. Municipal Judge
may be removed during his term of office for cause as provided by the laws of the State
of Missouri and Ordinances of the City of Lakeshire. The Municipal Judge shall be an
attorney admitted to the bar of the State of Missouri and having been duly licensed to
practice law in the State of Missouri for at least three (3) years prior to his appointment.
The powers and duties of the Municipal Judge shall be as follows:
(a) He shall have exclusive original jurisdiction to hear and determine all
offenses against the ordinances of the City of Lakeshire.
(b) He shall have the power to approve bonds, to remit fines and forfeitures and
to grant reprieves and pardons for offenses arising under the ordinances of
the City.
(c) He shall convene and preside at a minimum of one session of the Municipal
Court per month on a date as prescribed by ordinance as well as at any
special trial settings as required.
(d) He shall have all the powers and duties granted to Municipal Judges under
the laws of the State of Missouri.
(e) The City of Lakeshire does hereby establish and fix, effective June 2016, the
salary of the Municipal Judge of the City of Lakeshire, Missouri at the rate of
$261.25 per month.
Section 110.075 - - Provisional Municipal Judge
! 37
Updated 11.21.2017
There is hereby created the office of provisional municipal judge of the City of
Lakeshire Municipal Court. The position of provisional municipal judge shall have the
same qualifications, authority, powers, appointment process and term as those for the
municipal judge. The provisional municipal judge shall serve a term of office of two (2)
years concurrent with the municipal judge, beginning on the first day of May and ending
on the thirtieth day of April every second year and until a successor is appointed and
qualified.
(a) The duties of the provisional municipal judge shall be to serve as
municipal judge in all cases in which the Lakeshire Municipal Judge shall
be disqualified or unable to serve, and to preside over sessions of the
Lakeshire Municipal Division for which the municipal judge is
unavailable.
(b) In the event the provisional municipal judge shall perform the duties of the
municipal judge due to the absence or unavailability of the municipal
judge, the municipal judge shall receive no compensation for performing
such duties, rather the provisional municipal judge shall receive that
compensation which would otherwise have been paid to the municipal
judge for those duties. In the event the provisional municipal judge shall
preside over one (1) or more cases due to the disqualification or other
removal of the municipal judge, the provisional municipal judge shall
receive such compensation as may be provided by the Board of Aldermen
by ordinance from time to time.
Section 110.080 - - Clerk of the Municipal Court
The Clerk of the Municipal Court shall be appointed by the Mayor with the
approval of a majority of the members of the Board of Aldermen. The Clerk of the
Municipal Court’s term of office shall be for two years commencing on the first day of
May and ending on the thirtieth day of April each even numbered year. The Clerk of the
Municipal Court may be removed during his term of office, without cause being shown,
by the Mayor with the consent of a two-thirds vote of all members elected to the Board of
Aldermen independently of the Mayor’s approval or recommendation.
The duties of the Clerk of the Municipal Court shall be as follows:
(a) The Clerk shall attend all sessions of the Municipal Court and prepare the
docket for each such session.
! 38
Updated 11.21.2017
(b) The Clerk shall keep and maintain a docket book in which is kept a record of
the names and addresses of each defendant, the offense charged and the
disposition of the case.
(c) The Clerk shall perform such other duties as may be prescribed by the
Municipal Judge for the property operation of the Municipal Court.
(d) The City of Lakeshire does hereby establish and fix, effective June 2016, the
salary of the Court Clerk of the City of Lakeshire, Missouri at the rate of
$274.31 per month.
110.090 - - Chief of Police
The Chief of Police shall be appointed by the Mayor with the approval of a
majority of the members of the Board of Aldermen. The Chief of Police’s term of office
shall be for two years commencing on the first day of May and ending on the thirtieth day
of April each even numbered year. The Chief of Police may be removed during his term
of office, without cause being shown, by the Mayor with the consent of a two-thirds vote
of all members elected to the Board of Aldermen or by a two-thirds vote of all members
elected to the Board of Aldermen or by a two-thirds vote of all members elected to the
Board of Aldermen independently of the Mayor’s approval or recommendation. The
Chief of Police shall be a police officer duly qualified under the laws of the State of
Missouri and the ordinances of St. Louis County and the City of Lakeshire.
The duties of the Chief of Police shall be as follows:
(a) The Chief shall be responsible for the full operational control of the
Lakeshire Police Department including scheduling, training, reporting,
suspensions and general supervision and discipline of all police officers.
(b) The Chief shall have both regular patrolling and administrative
responsibilities with the amount of time to be spent on patrolling to be
specified by the Board of Aldermen.
(c) The Chief shall submit a written report to the Board of Aldermen at their
regular monthly meetings specifying the crimes and violations of the law
committed in the City as well as a general summary of the activities of the
Police Department during the preceding month.
(d) The Chief shall be responsible for providing a bailiff at the sessions of the
Municipal Court and for acting as or designating a Traffic Violations Bureau
Clerk to act in that position during the hours specified by the City.
! 39
Updated 11.21.2017
(e) The Chief shall be responsible for the general maintenance of all police
equipment and shall report to the Board of Aldermen or the Mayor any
deficiencies in said equipment and the need to purchase new equipment.
(f) The Chief shall be responsible for seeing that all the laws of the City of
Lakeshire and the State of Missouri are enforced fairly and impartially within
the City of Lakeshire.
The qualifications for the Chief of Police shall be as follows:
(a) He shall be a citizen of the United States and the State of Missouri and shall
be more than thirty (30) years of age.
(b) He shall have been a duly commissioned police officer for more than six (6)
years prior to the appointment. Previous supervisory experience shall be
given due consideration.
(c) He shall not have committed any felony under the laws of the United States
or any state nor have been convicted of any crime involving moral turpitude.
(d) He shall have completed at least six hundred (600) hours of police training or
have received some equivalent certificate as required by the State of
Missouri.
Section 110.100 - - General Qualifications
All appointed officers of the City of Lakeshire shall be qualified voters under the
laws and constitution of the State of Missouri. No person shall be appointed to any office
except the offices of Municipal Judge, Court Clerk, Chief of Police and City Attorney if
he is not a resident of the City of Lakeshire. No resident who is in arrears for any unpaid
City taxes shall be appointed to any office in the City.
Section 110.110 - - Inspection and Transfer of Book and Records
The Mayor or the Board of Aldermen shall have the power as often as he or they
may deem it necessary, to require any officer of the City to exhibit his accounts or other
papers or records, and to make a report to the Board of Aldermen, in writing, touching
any matter relating to his office. If requested by the Mayor or the Board of Aldermen,
any officer must, upon receiving a proper receipt from them, turn over all books and
papers connected with his office to the Mayor or Board of Aldermen.
! 40
Updated 11.21.2017
Section 110.120 - - Penalty for Failure to Transfer Books and Records
If any officer of the City of Lakeshire shall fail to turn over all books, papers and
records of his office in proper condition upon being so requested under the provision of
Section 110.010 of this ordinance, then he shall be deemed guilty of the violation of a
City ordinance of Lakeshire and subject to a fine not to exceed Five Hundred Dollars.
Section 110.130 - - Special Meeting for Appointments and Swearing In Elected Officials
A. During April of every year after the April Election Certification has been received
from the St. Louis County Board of Election Commissioners, the Board of Aldermen
and the newly elected Mayor, or the Mayor who is in office during years when an
election is not being held for that office, shall hold a special public meeting for the
purpose of swearing in newly elected officials and appointing or re-appointing all
City officials, except the Municipal Judge in odd-numbered years. The date of said
special meeting will be set by the Board of Aldermen at its regular April meeting, but
it shall in no case be held prior to receipt of the aforesaid Certification of Election or
after April 30. Said appointments of City officials shall not affect their terms of
office, which shall commence on May 1 and terminate on April 30 of the succeeding
year.
B. At this special meeting, all newly elected Aldermen, and the Mayor if he is newly
elected, will be sworn in by the City Clerk, or if the City Clerk shall be unwilling or
unable to swear them in, then they may be sworn in by any person authorized to
administer oaths under the laws of the State of Missouri.
! 41
Updated 11.21.2017
MUNICIPAL COURT AND
TRAFFIC VIOLATIONS BUREAU
CHAPTER 115
Section 115.010 - - Establishment of Municipal Court and Creation of Offices of
Municipal Judge & Clerk of Municipal Court
There is herewith established the Lakeshire Municipal Division of the Circuit
Court of St. Louis County as well as the Office of Lakeshire Municipal Judge and Clerk
of the Municipal Court of the City of Lakeshire.
Section 115.020 - - Absence or Disability of Judge or Court Clerk
In the event that the Municipal Judge or the Clerk of the Municipal Court is
absent, disabled or unable to serve, the Mayor may immediately appoint a qualified
individual for either of these offices and agree to pay said individual reasonable
compensation for the services rendered. In the event the absence, disability or inability to
perform of the Municipal Judge or the Clerk of the Municipal Court shall continue for
more than thirty (30) days then said temporary appointment and compensation must be
approved by a majority of the members of the Board of Aldermen.
Section 115.030 - - Sessions of the Court
The Lakeshire Municipal Division of the Circuit Court shall hold a session once
per month, for eleven months out of the calendar year, on a date and time set at the
discretion of the presiding judge. At the conclusion of such session, the Court shall stand
in temporary adjournment until the following court date, provided that such Court, on all
other days of the week, except Sunday, shall be ready to reconvene should the occasion
arise.
The Board of Aldermen shall, by resolution, designate the place in which the
Municipal Court shall sit and shall provide a suitable courtroom in which the Municipal
Court shall be held.
Section 115.040 - - Assessing Costs
Court costs shall be assessed against and collected from the defendant when the
defendant enters a plea of guilty or is found guilty by the Court or when the cause against
him is dismissed upon condition that he pay the court costs or such portion thereof as
may be required by the Judge of the City of Lakeshire. If the defendant is acquitted, the
! 42
Updated 11.21.2017
informant may be adjudged to pay the cost if it appears to the satisfaction of the court that
the prosecution was instituted vexatiously or without probable cause.
Section 115.050 - - Reducing or Staying Costs
The Judge may reduce the court costs in any case by striking all or any portion of
the amounts provided for in this Chapter, or he may stay the costs permanently, or
pending his further orders, and upon such conditions as he may deem advisable in the
interest of justice.
Section 115.055 - - Establishing Court Costs
In all cases brought before the Judge of the Municipal Court of Lakeshire for
violations of any or the ordinances of the City, the following costs shall be taxed:
(a) Court costs shall be Twenty-Two Dollars and Fifty Cents ($22.50) for all
violations, except the charge of Expired State Plates, for which the court
costs shall be Twenty Dollars and Fifty Cents ($20.50), of which Seven
Dollars and Fifty Cents ($7.50), less permitted administration costs, shall be
paid by the City to the Crime Victims’ Compensation Fund. The court costs
shall be the same amount, whether or not the costs are paid prior to the
regular session through the Traffic Violations Bureau or at the regular court
sessions.
(b) Court costs shall be increased an additional Ten Dollars ($10.00) for each of
the following actions:
1. Each letter to a defendant for failure to appear.
2. Each letter to a defendant for failure to pay.
3. Each warrant for a defendant for failure to appear.
(c) On the filing of an affidavit of appeal, the defendant shall pay costs in the
amount prescribed by the Circuit Court of St. Louis County.
Section 115.060 - - Disposition of Receipts
All fines and costs paid into the Municipal Court shall be paid to and deposited
not less frequently than monthly into the municipal treasury. Such funds shall become
part of the General Funds of the City of Lakeshire, except for appeal costs, which are to
be forwarded to the St. Louis County Circuit Court, and payments to the Crime Victims’
Compensation Fund per the provisions of Section 115.055.
! 43
Updated 11.21.2017
Section 115.070 - - Failure to Appear and Failure to Pay
(a) In the event a defendant fails to appear at a regular court session upon proper
notification by means of a summons, uniform traffic citation or letter from
the Municipal Court, the Municipal Judge may issue a warrant for said
defendant’s arrest if the court believes defendant will not appear upon a
summons, or if defendant has failed to appear upon a summons and an
information has been filed.
(b) When a fine is assessed for the violation of an ordinance, it shall be within
the discretion of the Municipal Judge to provide for the payment of fine in
installments or to waive or suspend any or all of said fine. In the event a
defendant shall fail to pay a fine, the Municipal Judge may order said
defendant to appear at the next regular court session to explain why said fine
has not been paid.
Section 115.080 - - Rules Governing Procedure and Practice in the Municipal Court
The rules governing the procedure and practice in the Lakeshire Municipal Court
shall be those presently promulgated by the Supreme Court of the State of Missouri and
the 21st Judicial Circuit of the State of Missouri and such subsequent rules as the
Supreme Court and the 21st Judicial Circuit shall from time to time establish and
promulgate and any provisions in the Municipal Code or Ordinances of the City of
Lakeshire which shall be in conflict with such rules are hereby repealed.
Section 115.090 - - Docket and Records of Municipal Court and Contempt Power
The Judge of the Lakeshire Municipal Division shall be a conservator of the
peace. He shall be responsible for the work of the Clerk of the Municipal Court in
keeping a docket in which shall be entered every case commenced before the Municipal
Judge and the proceedings therein. He shall be responsible that all such other records be
kept as required. Such docket and records shall be retained as well as all books and
papers pertaining to his office. Said books, papers and records shall be handed over to
his successor in office or to the presiding judge of the circuit court. The Municipal Judge
shall have the power to administer oaths and enforce due obedience to all orders, rules
and judgments made by him, and may fine or imprison for contempt committed before
him while holding court, in the same manner and to the same extent as a circuit judge.
All prosecutions for violations of City ordinances shall be entitled “The City of
Lakeshire against ____________________,” (naming the person or person charged). The
Municipal Judge shall state in his docket the name of the complainant, nature and
character of offense, date of trial, names of all witnesses sworn and examined, findings of
! 44
Updated 11.21.2017
the court or jury, judgment (fine and costs), date of payment or date of issuing the
commitment, if any, and every other fact necessary to show the whole proceedings in
each case.
Section 115.100 - - Disqualification of Judge
The Municipal Judge of the Lakeshire Division of the Circuit Court shall be
disqualified to hear any case in which he is in any way interested, or, if before the trial is
commenced, the defendant or the prosecutor files an affidavit that the defendant or the
municipality, as the case may be, cannot have a fair and impartial trial by reason of the
interest or prejudice of the judge. Neither the defendant nor the municipality shall be
entitled to file more than one affidavit or disqualification in the same case.
Section 115.110 - - Forfeiture of Bonds
(a) If there is a breach of a condition of a bond, the judge before whom the case
is pending may declare a forfeiture of the bond. The judge may direct that a
forfeiture be set aside under conditions he may impose, if it appears justice
does not require the enforcement of the forfeiture.
(b) If forfeiture is not set aside, the prosecutor may motion the court without the
necessity of an independent action for a judgment of default and execution.
Upon the prosecutor’s motion a hearing date shall be set and the obligors
notified.
(c) The motion and notice of the hearing for bond forfeiture shall be served on
the clerk of the court who shall immediately mail a copy of the notice to each
of the obligors on the bond.
(d) All money recovered from bond forfeiture shall be paid over to the municipal
treasury to the general revenue fund of the municipality.
Section 115.120 - - Trial De Novo
In any case tried before the Municipal Judge, except where there has been a plea
of guilty or the case has been tried with a jury, the defendant shall have a right to trial de
novo before a circuit judge or upon assignment before an associate circuit judge. An
application for trial de novo shall be filed within ten (10) days after judgment and shall be
filed in such form and perfected in such manner as provided by Supreme Court rule and
rules of the Circuit Court of St. Louis County.
Section 115.130 - - Information and Charges
! 45
Updated 11.21.2017
All prosecutions for the violation of municipal ordinances shall be institute by
information and may be based upon a complaint. Proceedings shall be in accordance
with the Supreme Court rules and the rules of the Circuit Court of St. Louis County
governing practice and procedure in proceedings before municipal judges.
The information shall be in writing setting forth the offense in plain and concise
terms, giving the section violated and the facts against the peace and dignity of the City
and may contain one or more counts for the same or different offenses and be governed
by the rules of civil procedure, except if shall be sworn to either by the City Attorney or
any other person, that the facts herein stated are true or upon the information and belief of
the person so verifying or making the complaint for warrant shall be issue for the arrest of
the defendant or person accused, bu the Chief of Police or other police officer of the City
of Lakeshire whose duty it is to make arrested or preserve the peace and dignity of the
City shall make arrests of any person who commits an offense in his presence without a
warrant, but such officer shall before the trial file a written complaint as herein provided.
The complaint or information mentioned herein may be sworn to or affirmed
before the Judge, the Court Clerk, any deputy Clerk, notary public, or other person
designated by the Judge to receive such oath or affirmation.
Section 115.140 - - Ordinances as Evidence
In the trial of municipal ordinance violation cases, a copy of a municipal
ordinance which is certified by the Clerk of the municipality shall constitute prima facie
evidence of such ordinance. If such certified copy is on file with the clerk serving the
Judge hearing a case and readily available for inspection by the parties, the Judge may
take judicial notice of such ordinance without further proof.
Section 115.150 - - Witnesses
It shall be the duty of the Municipal Judge to summon all persons who testimony
may be deemed essential as witnesses at the trial, and to enforce their attendance by
attachment, if necessary. The fees of witnesses shall be the same as those fixed for
witnesses in trials before associate circuit judges and shall be taxed as other costs in the
case. When a trial shall be continued by a Municipal Judge it shall not be necessary to
summon any witnesses who may be present at the continuance; but the Municipal Judge
shall orally notify such witnesses as either party may require to attend before him on the
day set for trial to testify in the case, and enter the names of such witnesses on his docket,
which oral notice shall be valid as a summons.
! 46
Updated 11.21.2017
Section 115.160 - - When Person Charged May Elect To Appear At Traffic Violations
Bureau
1. Any person charged with an offense for which payment of a fine may be
made to the traffic violations bureau shall have the option of paying such fine
within the time specified in the uniform traffic citation or City of Lakeshire
summons at the traffic violations bureau upon entering a plea of guilty and
upon waiving appearance in court.
2. The payment of a fine to the bureau shall be deemed an acknowledgment of
conviction of the alleged offense, and the bureau, upon accepting the
prescribed fine, shall issue a receipt to the violator acknowledging payment
thereof.
Section 115.170 - - Duties of Traffic Violations Bureau
The following duties are hereby imposed upon the traffic violations bureau in
reference to traffic offenses:
1. It shall accept designated fines, issue receipts, and represent in court such
violators as are permitted and desire to plead guilty, waive court appearance,
and give power of attorney;
2 It shall receive and issue receipts for cash bail from the persons who must or
wish to be heard in court, enter the time of their appearance on the court
docket, and notify the arresting office and witnesses, if any, to be present.
Section 115.180 - - Traffic Violations Bureau To Keep Records
The traffic violations bureau shall keep records and submit summarized monthly
reports to the municipal court of all notices issued and arrests made for violations of the
traffic laws and ordinances in the City and of all the fines collected by the traffic
violations bureau or the court, and of the final disposition or present status of every case
of violation of the provisions of said laws and ordinances.
Section 115.190 - - Additional Duties of Traffic Violations Bureau
The traffic violations bureau shall follow such procedure as may be prescribed by
the traffic ordinances of the City or as may be required by any laws of this state.
Section 115.200 - - Forms and Records of Traffic Citations and Arrests
! 47
Updated 11.21.2017
1. The municipal court shall provide books containing uniform traffic tickets as
prescribed by Supreme Court rules. Said books shall include serially
numbered sets of citations in quadruplicate in the form prescribed by
Supreme Court rule.
2. The municipal court shall issue such books to the Chief of Police or his duly
authorized agent and shall maintain a records of every book so issued and
shall require a written receipt for every such book.
3. The Chief of Police shall be responsible for the issuance of such books to
individual members of the police department.
The Chief of Police shall require a written receipt for every book so issued and
shall maintain a record of every such book and each set of citations contained therein.
Section 115.210 - - Procedure of Police Officers
Except when authorized or directed under state law to immediately take a person
before the judge of the city court for the violation of any traffic laws, a police officer who
halts a person for such violation other than for the purpose of giving him a warning or
warning notice and does not take such person into custody under arrest, shall issue to him
a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court
rules.
Section 115.220 - - Uniform Traffic Ticket to be Issued When Vehicle Illegally Parked or
Stopped
Whenever any motor vehicle without driver is found parked or stopped in
violation of any of the restrictions imposed by ordinance of the City or by state law, the
officer finding such vehicle shall take its registration number and may take any other
information displayed on the vehicle which may identify its user, and shall conspicuously
affix to such vehicle a uniform traffic ticket for the driver to answer to the charge against
him.
Section 115.225 - - Requirement to Appear and Punishment for Failure to Appear
A. Any person who has promised to appear, or who has been notified or directed to
appear, before the court of the Twenty-First Judicial Circuit, Lakeshire Municipal
Division, by either a summons, bail, recognizance, bond or other legal notice, shall
appear at the time and date so specified in such document or notice.
B. Any person who fails to appear in court pursuant to his/her promise or legal direction
or notice to do so as required by paragraph A. Of this section shall be guilty of
! 48
Updated 11.21.2017
violating this section and, upon conviction thereof, the violator shall be subject to a
fine of not more than Five Hundred Dollars ($500.00) and/or imprisonment in the
County jail not to exceed ninety days.
C. Nothing contained in this section shall prevent the exercise by the judge of his power
to lawfully punish for contempt of court.
Section 115.300 - - Search Warrants
(a) The municipal judge of the City of Lakeshire shall have the authority to issue
search warrants for searches or inspections to determine the existence of
violations of any ordinance whose violation is punishable by fine or jail or
both.
(b) Warrants and searches or inspections made pursuant thereto shall conform to
and be governed by the following provisions:
(1) Any police officer, the city attorney, or prosecuting attorney of the City
of Lakeshire may take application for the issuance of a search warrant.
(2) The application shall:
a. Be in writing;
b. State the time and date of making the application;
c. Identify the property or places to be searched in sufficient detail
and particularity that the officer executing the warrant can readily
ascertain it;
d. State facts sufficient to show probable cause for the issuance of a
search warrant to search for violations of any provision of the
ordinances of the City of Lakeshire specified in the application;
e. Be verified by the oath or affirmation of the applicant; and
f. Be filed in the Municipal Court of the City of Lakeshire.
(3) The application shall be supplemented by written affidavits verified by
oath or affirmation. Such affidavits shall be considered in determining
whether there is probably cause for the issuance of a search warrant and
in filling out any deficiencies in the description of the property or places
to be searched. Oral testimony shall not be considered.
! 49
Updated 11.21.2017
(4) The judge shall hold a non-adversarial hearing to determine whether
sufficient facts have been stated to justify the issuance of a search
warrant. If it appears from the application and any supporting affidavits
that there is probably cause to inspect or search for violations of any
specified provision of the ordinances of the city, a search warrant shall
immediately be issued to search for such violations. The warrant shall
be issued in the form of an original and two (2) copies.
(5) The application and any supporting affidavits and a copy of the warrant
shall be retained in the records of the court.
(6) The search warrant shall;
a. Be in writing and in the name of the issuing authority;
b. Be directed to any Lakeshire police officer;
c. State the time and date the warrant is issued;
d. Identify the property or places to be searched in sufficient detail
and particularity that the officer executing the warrant can readily
ascertain it;
e. Command that the described property or places be searched and
that any photographs of violations found thereon or therein be
brought, within twenty (20) days after issuance of the warrant, to
the municipal judge who issued the warrant to be dealt with
according to law; and
f. Be signed by the municipal judge, with his or her title of office
indicated.
(7) A search warrant issued under this section may be executed only by a
police officer. The warrant shall be executed by conducting the search
commanded.
(8) A search warrant shall be executed as soon as practicable and shall
expire if it is not executed and the return made within ten (10) days after
the date of the issuance of the warrant.
! 50
Updated 11.21.2017
(9) After execution of the search warrant, the warrant, with a return thereon
signed by the officer making the search, shall be delivered to the
municipal judge who issued the warrant. The return shall show the date
and manner of execution and the name of the possessor and of the owner
of the property or places searched when he is not the same person, if
known.
(10) A search warrant shall be deemed invalid:
a. If it is not issued by a judge of the municipal court of the City of
Lakeshire; or
b. If it was issued without a written application having been filed and
verified; or
c. If it was issued without probable cause; or
d. If it was not issued with respect to property or places within the
jurisdiction of the chapter on which the ordinance violation was
based; or
e. If it does not describe the property or places to be searched with
sufficient certainty; or
f. If it is not signed by the municipal judge who issued it; or
g. If it is not executed within twenty (20) days after the date upon
which the warrant was issued.
(11) An officer making a search pursuant to an invalid warrant, the invalidity
of which is not apparent on its face, may use such force as would be
justified if the warrant were valid.
(12) The officer may summon as many persons as deemed necessary to
assign in executing the warrant. Such persons shall not be held liable as
a result of the illegality of the search and seizure.
(13) If any property is seized, the officer shall give the person from whose
possession it is taken, if the person is present, a copy of the warrant and
an itemized receipt for the property taken. If no person is present, the
officer shall leave the copy and the receipt at the site of the search.
! 51
Updated 11.21.2017
(14) A copy of the itemized receipt of any property taken shall be delivered to
the office of the city attorney or the prosecuting attorney within five (5)
working days of the search.
(15) The disposition of the property seized pursuant to a search warrant under
this section shall be in accordance with Section 542.301 of the Revised
Statutes of Missouri.
! 52
Updated 11.21.2017
ELECTIONS AND QUALIFICATION OF
MUNICIPAL OFFICIALS
CHAPTER 120
Section 120.010 - - Date of General Election
A general election for the elective officers of the City shall be held on the first
municipal election date in April of each year.
1. On the first municipal election date in April of even numbered years, an
election shall be held by the qualified voters of each ward in the City for
mayor and one alderman from each ward, who shall hold their respective
offices for the term of two years or until their successors shall be elected
and qualified.
2. On the first municipal election date in April of odd numbered years, an
election shall be held by the qualified voters of each ward of this City for
the election of a second alderman from each ward who shall hold their
respective offices for the term of two years or until their successors shall
be elected and qualified.
Section 120.020 - - Filing of Candidates for Office
1. Any person desiring to file a declaration of candidacy for any City elective
office at any City general election, may do so by filing said declaration
with the City Clerk after 8:00 a.m. the fifteenth Tuesday prior to the
election date. The declaration of candidacy shall include the candidate’s
name and address. The closing date for filing shall be 5:00 p.m. on the
eleventh Tuesday prior to the election date.
2. The place for filing declarations of candidacy shall be at the City Hall
from 8:00 a.m. to 10:00 a.m. and 6:00 p.m. to 8:00 p.m. on the fifteenth
Tuesday prior to the election, and thereafter, at the City Hall or the home
of the City Clerk between 8:00 a.m. and 8:00 p.m. on prior notice to the
Clerk. The Clerk shall keep a permanent record of the names of the
candidates and the date and time of their filing, and their names shall
appear on the ballot in the order of their filing.
3. The City shall, before the fifteenth Tuesday prior to any election at which
offices are to be filled, notify the general public of the opening filing date,
the office or offices to be filled, the proper place for filing, and the closing
! 53
Updated 11.21.2017
filing date of the election. Such notification may be accomplished by
legal notice published in at least one newspaper of general circulation in
the political subdivision.
Section 120.030 - - Qualifications Challenged
Any person who is not qualified for his office as provided by this Code or the
laws of the State of Missouri shall not be entitled to have his name printed on the ballot.
The qualifications of a candidate for office shall be determined by the Board o Aldermen
upon hearing given, and upon its own motion or upon written affidavit by some person
that a named candidate is not qualified as such for the office sought.
Section 120.040 - - Withdrawal of Candidacy
A candidate may not withdraw his candidacy after the certification of the notice
by the City Clerk to the election authority. A candidate’s name may be removed after that
time only upon death or order of a court of record.
Section 120.050 - - Conformance of City Elections with State Law
All City elections shall be conducted and held in conformance with the provisions
of the laws of the State of Missouri and the regulations of the St. Louis County Election
Board.
Section 120.060 - - Conduct of Election by Election Board
The St. Louis County Election Board, as the designated election authority, shall
conduct all City elections.
Section 120.070 - - Notice of City Elections
The City shall comply with all provisions concerning the giving of notice of
elections contained in Sections 115.125 and 115.127 RSMo. And all amendments thereto,
as well as any special regulations as prescribed by the St. Louis County Election Board.
Section 120.080 - - Voters, Qualifications
All residents of the City who are qualified, and timely and properly registered
voters in accordance with the laws of the State of Missouri and the regulations of the
election authority, shall be entitled to vote at City elections.
! 54
Updated 11.21.2017
Section 120.090 - - Designation of Polling Places and Judges; Election Costs
The election authority shall designate the polling places in all City elections. The
election authority shall appoint all election judges in accordance with state law. The City
shall pay all the election costs required by state law to the election authority conducting
its election.
Section 120.100 - - City Police Officers, Assistance
It shall be the duty of the City police officers to give any assistance or protection
required by the election authority, any employee of the election authority or any election
judge, and to comply with all lawful requests and directions of the election authority
relating to such assistance.
Section 120.110 - - Vacancy in Elected Office, How Filed
If a vacancy occurs in any elective office, the mayor or the person exercising the
duties of the mayor shall cause a special meeting of the Board of Aldermen to convene,
where a successor to the vacant office shall be selected. The successor shall serve until
the next regular municipal election. If a vacancy occurs in any office not elective, the
mayor shall appoint a suitable person to discharge the duties of such office until the first
regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be
permanently filled.
Section 120.120 - - Certification of Election Results
As soon as practicable after each City election, the election authority shall verify
the count and certify the results of the election. The verification board shall issue a
statement announcing the results of each election and shall certify the returns to the City
Clerk. The City Clerk shall issue to each person each person elected a certificate of
election.
Section 120.130 - - Qualification of Alderman
No person shall be an alderman unless he or she be at least twenty-one years of
age, a citizen of the United States, and a resident of the City for one year next preceding
his or her election, and a resident of the ward from which he or she is elected for at least
the 90 days immediately preceding his or her election. Whenever there shall be a tie in
the election of aldermen, the Board of Aldermen shall select the person to fill the office
from among the candidates who received the equal number of votes. A majority of the
members of the Board of Aldermen voting “yes” or “nay” shall be required to select the
person to fill the office of alderman.
! 55
Updated 11.21.2017
Section 120.140 - - Qualifications of Mayor
No person shall be mayor unless he or she be at least twenty-five years of age, a
citizen of the United States, and a resident of the City for one year next preceding his or
her election. When two or more persons shall have an equal number of votes for the
office of mayor, the Board of Aldermen shall select the person to fill the office from
among the candidates who received the equal number of votes. A majority of the
members of the Board of Aldermen voting “yes” or “nay” shall be required to select the
person to fill the office of mayor.
! 56
Updated 11.21.2017
TAX COLLECTION
CHAPTER 150
Section 150.010 - - Tax and Rate Established
There is hereby levied on all real property within the City of Lakeshire a tax rate
of ten cents on each one hundred dollars of assessed valuation as shown on the
assessment books of St. Louis County as corrected and amended by the Board of
Equalization and Certified to by the County Clerk, for the calendar year of 1984. Said
rate shall be set each year by ordinance passed by the Board of Aldermen of the City of
Lakeshire.
Section 150.020 - - Deputy Collector Appointed
In order to collect and distribute the tax specified in Section 150.010 it is
necessary that a Deputy Collector be appointed and that an office be established and
maintained in St. Louis County. The Mayor of the City of Lakeshire is hereby
empowered to appoint a deputy collector and enter into a tax collection contract as
specified by the ordinances of the City of Lakeshire.
! 57
Updated 11.21.2017
OFFENSES CODE
CHAPTER 215
Section 215.000 - - Short Title
This Chapter shall be known as the Code of Offenses of the City of Lakeshire
hereinafter referred to as the Code.
Section 215.005 - - Separability
If any part of provision of this Chapter or application thereof to any person or
circumstances is adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application directly involved in
the controversy in which such judgment shall have been rendered and shall not affect or
impair the validity of the remainder of this Chapter or the application thereof to other
persons or circumstances.
Section 215.010 - - Classification of Offenses
1. An offense defined by this chapter for which a sentence of imprisonment
is authorized, shall constitute a “violation.”
2. An offense defined by this chapter constitutes an “infraction” if it is so
designated or if no other sentence than a fine or fine and forfeiture or other
civil penalty is authorized upon conviction.
3. An infraction does not constitute a crime and conviction of an infraction
shall not give rise to any disability or legal disadvantage based on
conviction of a crime.
Section 215.015 - - Offenses Must be Defined by Ordinance
No conduct constitutes an offense unless made so by this chapter or other
applicable ordinance and chapters of this municipal code.
Section 215.020 - - Application to Offenses Committed Before and After Enactment
1. The provisions of this code shall govern the construction and punishment
for any offense defined in this code and committed after April 1st, 1985, as
! 58
Updated 11.21.2017
well as the construction and application of any defense to a prosecution for
such an offense.
2. Offenses defined outside of this chapter and not repealed shall remain in
effect, but unless otherwise expressly provided, the provisions of this code
shall not govern the construction of any such offenses, nor shall the
construction and application of any defense to a prosecution for such
offenses be affected.
3. The provisions of this code do not apply to or govern the construction of
and punishment for any offense committed prior to 1985, or the
construction and application of any defense to a prosecution for such an
offense. Such an offense must be construed and punished according to the
provisions of law existing at the time of the commission thereof in the
same manner as if this chapter had not been enacted.
Section 215.025 - - Time Limitations
1. Except as otherwise provided in this section, prosecutions for offenses
must be commenced within the following periods of limitation:
a. For any violation, one year.
b. For any infraction, six months.
2. If the period described in Subsection (1) has expired, a prosecution may
nevertheless be commenced for:
a. Any offense a material element of which is either fraud or a breach
of fiduciary obligation within one year after discovery of the
offense by the aggrieved party or by a person who has a legal duty
to represent an aggrieved party and who is himself or herself not a
party to the offense, but in no case shall this provision extend the
period of limitation by more than three years; and
b. Any offense based upon misconduct in office by a public officer or
employee at any time when the defendant is in public office or
employment or within two years thereafter, but in no case shall this
provision extend the period of limitation by more than three years.
3. An offense is committed either when every element occurs, or, if a
legislative purpose to prohibit a continuing course of conduct plainly
appears, at the time when the course of conduct or the person’s complicity
! 59
Updated 11.21.2017
therein is terminated. Time starts to run on the day after the offense is
committed.
4. A prosecution is commenced for a misdemeanor or ordinance violation
when the information is filed.
5. The period of limitation does not run:
a. During any time when the accused is absent from the state, but in
no case shall this provision extend the period of limitation
otherwise applicable by more than three years; or
b. During any time when the accused is concealing himself from
justice either within or without this state;
c. During any time when a prosecution against the accused for the
offense is pending in this state; or
d. During any time when the accused is found to lack mental fitness
to proceed pursuant to section 552.020.
Section 215.030 - - Limitation on Conviction for Multiple Offenses
When the same conduct of a person may establish the commission of more than
one offense he may be prosecuted for each such offense. He may not, however, be
convicted or more than one offense if
1. One offense is included in the other, as defined in Section 215.035; or
2. Inconsistent findings of fact are required to establish the commission of
the offenses; or
3. The offense differ only in that one is defined to prohibit a designated kind
of conduct generally and the other to prohibit a specific instance of such
conduct; or
4. The offense is defined as a continuing course of conduct and the person’s
course of conduct was uninterrupted, unless the law provides that specific
periods of such conduct constitute separate offenses.
Section 215.035 - - Conviction of Included Offenses
! 60
Updated 11.21.2017
1. A defendant may be convicted of an offense included in an offense
charged in the indictment or information. An offense is so included when:
a. It is established by proof of the same or less than all the facts
required to establish the commission of the offense charged; or
b. It is specifically denominated by section as a lesser degree of the
offense charged; or
c. It consists of an attempt to commit the offense charged or to
commit an offense otherwise included therein.
2. The court shall not be obligated to charge the jury with respect to an
included offense unless there is a basis for a verdict acquitting the
defendant of the offense charged and convicting him of the included
offense.
Section 215.040 - - Burden of Injecting the Issue
When the phrase “The defendant shall have the burden of injecting the issue,” is
used in this code, it means
1. The issue referred to is not submitted to the trier of fact unless supported
by evidence; and
2. If the issue is submitted to a trier of fact any reasonable doubt on the issue
requires a finding for the defendant on that issue.
Section 215.045 - - Affirmative Defense
When the phrase “affirmative defense” is used in the code, it means
1. The defense referred to is not submitted to the trier of fact unless support
by evidence; and
2. If the defense is submitted to the trier of fact the defendant has the burden
of persuasion that the defense is more probably true than not.
Section 215.050 - - Code Definitions
In this code, unless the context requires a different definition, the following shall
apply:
! 61
Updated 11.21.2017
1. “Affirmative Defense” has the meaning specified in Section 215.045.
2. “Burden of injecting the issue” has the meaning specified in Section
215.040.
3. “Confinement”: A person is in confinement when he is held in a place of
confinement pursuant to arrest or order of a court, and remains in
confinement until
A. A court orders the person’s release; or
B. The person is released on bail, bond, or recognizance, personal or
otherwise; or
C. A public servant having the legal power and duty to confine him
authorizes his/her release without guard and without condition that
he/she return to confinement;
D. A person is not in confinement if
(1) The person is on probation or parole, temporary or
otherwise; or
(2) The person is under sentence to serve a term of
confinement which is not continuous, or is serving a sentence under a
work-release program, and in either such case is not being held in a
place of confinement or s not being held under guard by a person
having the legal power and duty to transport him to or from a place of
confinement.
4. “Consent”: Consent or lack of consent may be expressed or implied.
Assent does not constitute consent if:
A. It is given by a person who lacks the mental capacity to authorize
the conduct charged to constitute the offense and such incapactiy is
manifest or known to the actor; or
B. It is given by a person who by reason of youth, mental disease or
defect, or intoxication, a drug-induced state, or any other reason is
manifestly unable or known by the actor to be unable to make a
reasonable judgment as to the nature or harmfulness of the conduct
charged to constitute the offense; or
! 62
Updated 11.21.2017
C. It is induced by force, duress or deception.
5. “Criminal Negligence” has the meaning specified in Section 215.150.
6. “Custody”: a person is in custody when he/she has been arrested but has
not been delivered to a place of confinement.
7. “Forcible Compulsion” means either:
A. Physical force that overcomes reasonable resistance, or
B. A threat, express or implied, that places a person in reasonable fear
of death, serious physical injury or kidnapping of such person or
another person.
8. “Incapacitated” : A temporary or permanent physical or mental condition
in which a person is unconscious, unable to appraise the nature of his/her
conduct, or unable to communicate unwillingness to an act.
9. “Inhabitable Structure” has the meaning specified in Section 215.410.
10. “Knowingly” has the meaning specified in Section 215.150.
11. “Infraction” has the meaning specified in Section 215.010.
12. “Law Enforcement Officer” means any public servant having both the
power and the duty to make arrests for violations of the laws of this City.
13. “Violation” has the meaning specified in Section 215.010.
14. “Offense” means any ordinance violation, misdemeanor, or infraction.
15. “Physical Injury” means physical pain, illness, or any impairment of
physical condition.
16. “Place of Confinement” means any building or facility and the ground
thereof wherein a court is legally authorized to order that a person charged
with or convicted of a crime be held.
17. “Public Servant” means any person employed in any way by the
government of this city who is compensated by the government by reason
! 63
Updated 11.21.2017
of such person’s employment, and person appointed to a position with any
government of this state, or any person elected to a position with any
government of this state. It includes, but is not limited to, legislators,
jurors, members of the judiciary and both regular and special or reserve
law enforcement officers. It does not include witnesses.
18. “Purposely” has the meaning specified in Section 215.150.
19. “Recklessly” has the meaning specified in Section 215.150.
20. “Serious Physical Injury” means physical injury that creates a substantial
risk of death or that causes serious permanent disfigurement or protracted
loss of impairment of the function of any part of the body.
21. “Voluntary Act” has the meaning specified in Section 215.145.
Section 215.055 - - Authorized Dispositions
1. Every person found guilty of an offense defined by this Chapter shall be
dealt with by the court in accordance with the provisions of this chapter.
2. Whenever any person has been found guilty of a violation the court shall
make one or more of the following dispositions of the offender in any
appropriate combination. The court may:
A. Sentence the person to a term of imprisonment as authorized by
Sections 215.075 through 215.085.
B. Sentence the person to pay a fine as authorized by Sections
215.120 through 215.140.
C. Suspend the imposition of sentence, with or without placing the
person on probation.
D. Pronounce sentence and suspend its execution, placing the person
on probation.
E. Impose a period of detention as a condition of probation, as
authorized by Section 215.105.
! 64
Updated 11.21.2017
3. Whenever any person has been found guilty of an infraction, the court
shall make one or more of the following dispositions of the offender in
any appropriate combination. The court may
A. Sentence the person to pay a fine as authorized by Sections
215.075 through 215.085.
B. Suspend the imposition of sentence, with or without placing the
person on probation.
C. Pronounce sentence and suspend its execution, placing the person
on probation.
4. Whenever any organization has been found guilty of an offense, the court
shall make one or more of the following dispositions of the organization in
any appropriate combination. The court may
A. Sentence the organization to pay a fine as authorized by Sections
215.120 through 215.140;
B. Suspend the imposition of sentence, with or without placing the
organization on probation;
C. Pronounce sentence and suspend its execution, placing the
organization on probation;
D. Impose any special sentence or sanction authorized by law.
5. This chapter shall not be construed to deprive the court of any other
authority which has, or may be, conferred by law to decree a forfeiture of
property; suspend or cancel a license, remove a person from office, or
impose any other civil penalty. An appropriate order exercising such
authority may be included as part of any sentence.
Section 215.060 - - Classification of Offenses
1. Violation are classified for the purpose of sentencing into the following
three categories.
A. Class A Violation,
B. Class B Violation, and
! 65
Updated 11.21.2017
C. Class C Violation
2. Infractions are not further classified.
Section 215.065 - - Application of Provisions to Offenses Outside of this Chapter
The provisions of this Chapter, including but not limited to definition, defense,
principles of liability, sentencing and penalty provisions, shall have no effect on or
application to any offense defined outside of this Chapter unless such provisions shall
specifically state that is hall have effect and application beyond this Chapter or unless an
offense defined outside of this Chapter shall specifically state that a provision of this
Chapter shall have effect on or application to that offense.
Section 215.070 - - Pre-sentence Investigation and Report
1. When a probation officer is available to the court, the officer shall, if directed
by the court, make a pre-sentence investigation and report to the court before any
authorized disposition under Section 215.055.
The report shall not be submitted to the court or its contents disclosed to
anyone until the defendant has pleaded guilty or been found guilty.
This section shall not be construed as to require the appointment of a
probation officer.
2. The pre-sentence investigation report shall be prepared, presented and utilized
as provided by rule of court except that not court shall prevent the defendant or the
attorney for the defendant from having access to the complete pre-sentence
investigation report and recommendations before any authorized disposition under
Section 215.055.
3. The defendant shall not be obligated to make any statement to a probation
officer in connection with any pre-sentence investigation hereunder.
Section 215.075
1. The authorized terms of imprisonment, including both prison and conditional
release terms are:
A. For a Class A Violation, a term not to exceed ninety days,
! 66
Updated 11.21.2017
B. For a Class B Violation, a term not to exceed forty-five days,
C. For a Class C Violation, a term not to exceed fifteen days.
2. A sentence of imprisonment for a violation shall be for a definite term and
the court shall commit the defendant to the county jail or other authorized penal
institution for the term of his sentence or until released under procedures established
elsewhere by law.
Section 215.085 - - Calculation of Terms of Imprisonment -Credit for Jail Time Awaiting
Trial
1. A person convicted of a crime in this city shall receive as credit toward service
of sentence of a sentence of imprisonment all time spent by him in jail because
awaiting trial for such crime. Time required by law to be credited upon some other
sentence shall be applied to that sentence alone, except that
A. Time spent in jail awaiting trial for an offense because of a detainer for
such offense shall be credited toward service of a sentence of imprisonment for that
offense even though the person was confined awaiting trial for some unrelated
bailable offense; and
B. Credit for jail time shall be applied to each sentence if they are concurrent.
2. The officer required by law to deliver a convicted person to jail shall
endorse upon the commitment papers the period of time to be credited as provided in
subsection (1) of this section.
3. If a sentence of imprisonment is vacated and a new sentence is imposed on
the defendant for the same offense, the new sentence is calculated as if it had
commenced at the time the vacated sentence was imposed, and all time served under
the vacated sentence shall be credited against the new sentence.
Section 215.090 - - Eligible for Probation, When
The court may place a person on probation for a specific period upon conviction
of any offense or upon suspending imposition of sentence if, having regard to the nature
and circumstances of the offense and to the history and character of the defendant, the
court is of the opinion that
1. Institutional confinement of the defendant is not necessary for the protection
of the public; and
! 67
Updated 11.21.2017
2. The defendant is in need of guidance, training or other assistance which, in
his case, can be effectively administered through probation supervision.
Section 215.095 - - Terms of Probation
1. Unless terminated as provided in Section 215.115, the terms during which
probation shall remain conditional and be subject to revocation are:
A. A term not less than six months and not to exceed one year for a
violation.
B. A terms not less then three months and not to exceed six months
for an infraction.
2. The court shall designate a specific term of probation at the time of
sentencing or at the time of suspension of imposition of sentence.
Section 215.100 - - Conditions of Probation
1. The conditions or probation shall be such as the court in its discretion
deems reasonably necessary to insure that the defendant will not again violate the
law. When a defendant is placed on probation, he shall be given a certificate
explicitly stating the conditions on which he is being released.
2. The court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
Section 215.105 - - Detention Condition of Probation
Except in infraction cases, when probation is granted, the court, in addition to
conditions imposed under Section 215.100 may require as a condition of probation that
the defendant submit to a period of detention in an appropriate institution at whatever
time or intervals within the period of probation, consecutive or nonconsecutive, the court
shall designate.
1. In violation cases, the period of detention under this section shall not
exceed the shorter of fifteen days or the maximum term of imprisonment authorized
for the violation by Sections 215.075 through 215.085.
2. If probation is revoked and a term of imprisonment is served by reason
thereof, the time spent in jail or other institution as a detention condition of
! 68
Updated 11.21.2017
probation shall be credited against the prison or jail term served for the offense in
connection with which the detention condition was imposed.
Section 215.110 - - Transfer to Another Court
Jurisdiction over a probationer may be transferred from the court which imposed
probation to a court having equal jurisdiction over offenders in any other part of the state,
if any, with the concurrence of both courts. Retransfers of jurisdiction may also occur in
the same manner. The court to which jurisdiction has been transferred under this section
shall be authorized to exercise all powers permissible under this chapter over the
defendant, except that the term of probation shall not be terminated without the consent
of the sentencing court.
Section 215.115 - - Duration of Probation - Revocation
1. A term probation commences on the day it is imposed. Multiple terms of
probation, whether imposed at the same time or at different times, shall run
concurrently. Terms of probation shall also run concurrently with any federal or
other state jail, prison, probation or parole terms for another offense to which the
defendant is or becomes subject during the period, unless otherwise specified by the
court.
2. The court may terminate a period of probation and discharge the defendant
at any time before completion of the specific term fixed under Section 215.095 if
warranted by the conduct of the defendant and the ends of justice. Procedures for
termination and discharge may be established by rule of court.
3. If the defendant violates a condition of probation at anytime prior to the
expiration or termination of the probation term, the court may continue him on the
existing conditions, with or without modifying or enlarging the conditions, or, if
such continuation, modification, or enlargement is not appropriate, may revoke
probation and order that any sentence previously imposed be executed. If imposition
of sentence was suspended, the court may revoke probation and impose any sentence
available under Section 215.055. The court may mitigate any sentence of
imprisonment by reducing the prison or jail term by all or part of the time the
defendant was on probation.
4. Probation shall not be revoked without giving the probationer notice and
an opportunity to appear to answer a charge of a violation, and the court may issue a
warrant of arrest for the violation. Such notice shall be personally served upon the
probationer. The warrant shall authorize the return of the probationer to the custody
of the court or to any suitable detention facility designated by the court.
! 69
Updated 11.21.2017
5. Any probation officer, if he has probable cause to believe that the
probationer has violated a condition of probation, may arrest the probationer without
a warrant, or may deputize any other officer with the power of arrest to do so by
giving him a written statement of the circumstances of the alleged violation,
including a statement that the probationer has, in the judgment of the probation
officer, violated the conditions of his probation. The written statement, delivered
with the probationer to the official in charge of any jail or other detention facility,
shall be sufficient authority for detaining the probationer pending a preliminary
hearing on the alleged violation.
6. If the probationer is arrested under the authority granted in subsections 5
and 6, he shall have the right to a preliminary hearing on the violation charged. He
shall be notified immediately in writing of the alleged probation violation. If he is
arrested in the jurisdiction of the sentencing court, and the court which placed him
on probation is immediately available, the preliminary hearing shall be heard by the
sentencing court. Such preliminary hearings shall be conducted as provided by rule
of court. It is appears that there is probable cause to believe that the probationer has
violated a condition of his probation, or if the probationer waives the preliminary
hearing, the judge shall order the probationer held for further proceedings in the
sentencing court from holding a hearing on the question of the probationer’s alleged
violation of a condition of probation nor from ordering the probationer to be present
at such a hearing. Provisions regarding release on bail of person charged with
offenses shall be applicable to probationers arrested and ordered held under this
provision.
7. Upon such arrest and detention, the probation officer shall immediately
notify the sentencing court and shall submit to the court a written report showing in
what manner the probationer has violated the conditions of probation. Thereupon, or
upon arrest by warrant, the court shall cause the probationer to be brought before it
without unnecessary delay for a hearing on the violation charged. Revocation
hearings shall be conducted as provided by the rule of court.
8. The power of the court to revoke probation shall extend for the duration of
the term of probation designated by the court and for any further period which is
reasonably necessary for the adjudication of matters arising before its expiration,
provided that some affirmative manifestation of an intent to conduct a revocation
hearing occurs prior to the expiration of the period and that every reasonable effort is
made to notify the probationer and to conduct the hearing prior to the expiration of
the period.
Section 215.120 - - Fines for Violations
! 70
Updated 11.21.2017
1. Except as otherwise provided for an offense outside this code, a person
who has been convicted of a violation or infraction may be sentenced to pay a fine
which does not exceed:
A. For a Class A violation, one thousand dollars.
B. For a Class B violation, six hundred dollars.
C. For a Class C violation, four hundred dollars.
D. For driving under the influence in violation of this Code, one
thousand dollars.
Section 215.125 - - Fines for Corporation
1. A sentence to pay a fine, when imposed on a corporation for an offense
defined in this code or for any offense defined outside this code for which no special
corporate fine is specified, shall be a sentence top pay an amount, fixed by the court,
not exceeding:
A. Five hundred dollars, when the conviction is of a Class A violation.
B. Four hundred dollars, when the conviction is of a Class B
violation.
C. Three hundred dollars, when the conviction is of a Class C
violation.
D. Two hundred dollars, when the conviction is of an infraction.
2. In the case of an offense defined outside the code, if a special fine for a
corporation is expressly specified in the section that defines the offense, the fine
fixed by the court shall be an amount within the limits specified in the section that
defines the offense.
Section 215.130 - - Imposition of Fines
1. In determining the amount and the method of payment of a fine, the court
shall, insofar as practicable, proportion the fine to the burden that payment will
impose in view of the financial resources of an individual. The court shall not
! 71
Updated 11.21.2017
sentence an offender to pay a fine in any amount which will prevent him from
making restitution or reparation to the victim of the offense.
2. For municipal ordinance violations committed within a twelve-month
period beginning with the first violation:
A.The maximum allowable fine is two hundred dollars for the first offense;
B.Two hundred seventy-five dollars for the second offense;
C.Three hundred dollars for the third offense; and
D.Four hundred fifty dollars for the forth and subsequent offenses.
3. When any other disposition is authorized by statute, the court shall not
sentence an individual to pay a fine only unless, having regard to the nature and
circumstances of the offense and the history and character of the offender, it is of the
opinion that the fine alone will suffice for the protection of the public.
4. The court shall not sentence an individual to pay a fine in addition to any
other sentence authorized by Section 215.055 unless
A. He has derived a pecuniary gain from the offense; or
B. The court is of the opinion that a fine is uniquely adapted to
deterrence of the type of offense involved or to the correction of
the defendant.
5. When an offender is sentenced to pay a fine, the court may provide for the
payment to be made within a specified period of time or in specified installment. If
no such provision is made a part of the sentence, the fine shall be payable forthwith.
6. When an offender is sentenced to pay a fine, the court shall not impose at
the same time an alternative sentence to be served in the event that the fine is not
paid. The response of the court to nonpayment shall be determined only after the
fine has not been paid, as provided in Section 215.135.
Section 215.135 - - Response to Non-payment
1. When an offender sentenced to pay a fine defaults in the payment of the
fine or in any installment, the court may issue a warrant for arrest or a summons for
his appearance.
! 72
Updated 11.21.2017
3. If it appears that the default in the payment of a fine is excusable, the court
may enter an order allowing the offender additional time for payment, reducing the
amount of the fine or of each installment, or revoking the fine or the unpaid portion
in whole or in part.
4. When a fine is imposed on a corporation it is the duty of the person or
persons authorized to make disbursement of the assets of the corporation and their
superiors to pay the fine from the assets of the corporation. The failure of such
persons to do so shall render them subject to imprisonment under subsections 1 and
2.
5. Upon default in the payment of a fine or any installment thereof, the fine
may be collected by any means authorized for the enforcement of money judgments.
Section 215.140 - - Revocation of a Fine
A defendant who has been sentenced to pay a fine may at any time petition the
sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to
the satisfaction of the court that the circumstances which warranted the imposition of the
fine no longer exist or that it would otherwise be unjust to require payment of the fine,
the court may revoke the fine or the unpaid portion in whole or in part or may modify the
method of payment.
Section 215.145 - - Voluntary Act
1. A person is not guilty of an offense unless his liability is based on conduct
which includes a voluntary act.
2. A “voluntary act” is:
A. A bodily movement performed while conscious as a result of effort
or determination; or
B. An omission to perform an act of which the actor is physically
capable.
3. Possession is a voluntary act if the possessor knowingly procures or
receives the thing possessed, or having acquired control of it was aware of his
control for a sufficient time to have enabled him to dispose of it or terminate his or
her control.
! 73
Updated 11.21.2017
4. A person is not guilty of an offense based solely upon an omission to
perform an act unless the law defining the offense expressly so provides, or a duty to
perform the omitted act is otherwise imposed by law.
Section 215.150 - - Culpable Mental State
1. Except as provided in Section 215.160 a person is not guilty of an offense
unless he acts with a culpable mental state, that is, unless he acts purposely or
knowingly or recklessly or with criminal negligence, as the statute defining the
offense may require with respect to the conduct, the result thereof or the attendant
circumstances which constitute the material elements of the crime.
2. A person “acts purposely”, or with purpose, with respect to his conduct or
to a result thereof when it is his conscious object to engage in that conduct or to
cause that result.
3. A person “acts knowingly”, or with knowledge,
A. With respect to his conduct or to attendant circumstances when he
is aware of the nature of his conduct or that those circumstances exist; or
B. With respect to a result of his conduct when he is aware that his
conduct is practically certain to cause that result.
4. A person “acts recklessly” or is reckless when he consciously disregards a
substantial and unjustifiable risk that circumstances exist or that a result will follow,
and such disregard constitutes a gross deviation from the standard of care which a
reasonable person would exercise in the situation.
5. A person “acts with criminal negligence” or is criminally negligent when
he/she fails to be aware of a substantial and unjustifiable risk that circumstances
exist or a result will follow, and such failure constitutes a gross deviation from the
standard of care which a reasonable person would exercise in the situation.
Section 215.155 - - Culpable Mental State, Application
1. If the definition of an offense prescribes a culpable mental state but does
not specify the conduct, attendant circumstances or result to which it applies, the
prescribed culpable mental state applies to each such material element.
2. Except as provided in Section 215.160 if the definition of an offense does
not expressly prescribe a culpable mental state, a culpable mental state is nonetheless
! 74
Updated 11.21.2017
required and is established if a person acts purposely or knowingly or recklessly, but
criminal negligence is not sufficient.
3. If the definition of an offense prescribes criminal negligence as the
culpable mental state, it is also established if a person acts purposely or knowingly
or recklessly. When recklessness suffices to establish a culpable mental state, it is
also established if a person acts purposely knowingly. When acting knowingly
suffices to establish a culpable mental state, it is also established if a person acts
purposely.
4. Knowledge that conduct constitutes an offense, or knowledge of the
existence, meaning or application of the statute defining an offense is not an element
of an offense unless the section clearly so provides.
Section 215.160 - - Culpable Mental State, When Not Required
A culpable mental state is not required
1. If the offense is an infraction and no culpable mental state is prescribed by
the section defining the offense; or
2. If the section defining the offense clearly indicates a purpose to dispense
with the requirement of any culpable mental state as to a specific element of the
offense.
Section 215.165 - - Ignorance and Mistake
1. A person is not relieved of criminal liability for conduct because he
engages in such conduct under a mistaken belief of fact or law unless such mistake
negatives the existence of the mental state required by the offense.
2. A person is not relieved of criminal liability for conduct because he
believes his conduct does not constitute an offense unless his belief is reasonable and
A. The offense is defined by an administrative regulation or order
which is not known to him and has not been published or otherwise made
reasonably available to him, and he could not have acquired such knowledge
by the exercise of due diligence pursuant to facts known to him; or
B. He acts in a reasonable reliance upon an official statement of the
law, afterward determined to be invalid or erroneous, contained in
(1) a statute or ordinance;
! 75
Updated 11.21.2017
(2) an opinion or order of an appellate court;
(3) an official interpretation of the statute, regulation or order
defining the offense made b a public official or agency legally
authorized to interpret such statute, regulation or order.
3. The burden of injecting the issue of reasonable belief that conduct does
not constitute an offense under subdivisions A and B of subsection 2 is on the
defendant.
Section 215.170 - - Accountability for Conduct
A person with the required culpable mental state is guilty of an offense if it is
committed by his own conduct or by the conduct of another person for which he is
criminally responsible, or both.
Section 215.175 - - Responsibility for the Conduct of Another
1. A person is criminally responsible for the conduct of another when
A. The section defining the offense makes him so responsible; or
B. Either before or during the commission of an offense with the
purpose of promoting the commission of an offense, he aids or agrees to aid
or attempts to aid such other person in planning, committing or attempting to
commit the offense.
2. However, a person is not so responsible if:
A. He is the victim of the offense committed or attempted;
B. The offense is so defined that his conduct was necessarily incident
to the commission or attempt to commit the offense. If his conduct
constitutes a related but separate offense, he is criminally responsible for that
offense but not for the conduct or offense committed or attempted by the
other person;
C. Before the commission of the offense he abandons his purpose and
gives timely warning to law enforcement authorities or otherwise makes
proper effort to prevent the commission of the offense.
! 76
Updated 11.21.2017
3. The defense provided by subdivision C of subsection 2 if an affirmative defense.
Section 215.180 - - Defense Precluded
It is not defense to any prosecution for an offense in which the criminal
responsibility of the defendant is based upon the conduct of another that
1. Such other person has been acquitted or has not been convicted or has
been convicted or some other offense or degree of offense or lacked criminal
capacity or was unaware of the defendant’s criminal purpose or is immune from
prosecution or is not amenable to justice; or
2. The defendant does not belong to that class of persons who was legally
capable of committing the offense in an individual capacity.
Section 215.185 - - Conviction of Different Degrees of Offenses
Except as otherwise provided, when two or more persons are criminally
responsible for an offense which is divided into degrees, each person is guilty of such
degree as is compatible with his own culpable mental state and with his own
accountability for an aggravating or mitigating fact or circumstances.
Section 215.190 - - Liability of Corporations and Unincorporated Associations
1. A corporation is guilty of a violation if
A. The conduct constituting the offense consists of an omission to
discharge a specific duty of affirmative performance imposed on corporation
by law; or
B. The conduct constituting the offense is engaged in by an agent of
the corporation while acting within the scope of his employment and in
behalf of the corporation, and the offense is a misdemeanor or an infraction,
or the offense is one defined by a section that clearly indicates a legislative
intent to impose such criminal liability on a corporation; or
C. The conduct constituting the offense is engaged in, authorized,
solicited, requested, commanded or knowingly tolerated by the board of
directors of by a high managerial agent acting within the scope of his
employment and in behalf of the corporation.
! 77
Updated 11.21.2017
2. An unincorporated association is guilty of an offense if
A. The conduct constituting the offense consists of an omission to
discharge a specific duty of affirmative performance imposed on the
association by law; or
B. The conduct constituting the offense is engaged in by an agent of
the association while acting within the scope of his employment and in behalf
of the association and the offense is one defined by section that clearly
indicates a legislative intent to impose such criminal liability on the
association.
C. The conduct constituting the offense is engaged in, authorized,
solicited, requested, commanded or knowingly tolerated by the board of
directors of by a high managerial agent acting within the scope of his
employment and in behalf of the corporation.
2. An unincorporated association is guilty of an offense if
A. The conduct constituting the offense consists of an omission to
discharge a specific duty of affirmative performance imposed on the
association by law; or
B. The conduct constituting the offense is engaged in by an agent of
the association while acting within the scope of his employment and in behalf
of the association and the offense is one defined by a section that clearly
indicates a legislative intent to impose such criminal liability on the
association.
3. As used in this section:
A. “Agent” means any director, officer or employee of a corporation
or unincorporated association or any other person who is authorized to act in
behalf of the corporation or unincorporated association;
B. “High Managerial Agent” means an officer of a corporation or any
other agent in a position of comparable authority with respect to the
formulation of corporate policy of the supervision in a managerial capacity of
subordinate employees.
Section 215.200 - - Liability of Individual for Conduct of Corporation or Unincorporated
Association
! 78
Updated 11.21.2017
A person is criminally liable for conduct constituting an offense which he
performs or causes to be performed n the name of or in behalf of a corporation or
unincorporated association to the same extent as if such conduct were performed in his
own name or behalf.
Section 215.205 - - Entrapment
1. The commission of acts which would otherwise constitute an offense is
not criminal if the actor engaged in the prescribed conduct because he was entrapped
by a law enforcement officer or a person acting in cooperation with such an officer.
2. An “entrapment” is perpetrated if a law enforcement officer or a person
acting in cooperation with such an officer, for the purpose of obtaining evidence of
the commission of an offense, solicits, encourages or otherwise induces another
person to engage in conduct when he was not ready and willing to engage in such
conduct.
3. The relief afforded by subsection 1 is not available as to any crime which
involves causing physical injury to or placing in danger of physical injury a person
other than the person perpetrating the entrapment.
4. The defendant shall have the burden of injecting the issue of entrapment.
Section 215.210 - - Duress
1. It is an affirmative defense that the defendant engaged in the conduct
charged to constitute an offense because he was coerced to do so, by the use of, or
threatened imminent use of, unlawful physical force upon him or a third person,
which force or threatened force a person of reasonable firmness in his situation
would have been unable to resist.
2. The defense of “duress” as defined in subsection 1 is not available as to
any offense when the defendant recklessly places himself in a situation in which it is
probable that he will be subjected to the force or threatened force described in
subsection 1.
Section 215.215 - - Intoxicated or Drugged Condition
1. A person who is in an intoxicated or drugged condition whether from
alcohol, drugs, or other substance, is criminally responsible for conduct unless such
condition
! 79
Updated 11.21.2017
A. Negatives the existence of the mental states of purpose or
knowledge when such mental states are elements of the offense charged or of
an included offense; or
B. Is involuntarily produced and deprived him of the capacity to know
or appreciate the nature, quality or wrongfulness of his conduct or to conform
his conduct to the requirements of law.
2. The defendant shall have the burden of injecting the issue of intoxicated or
drugged condition.
Section 215.220 - - Infancy
1. No person shall be convicted of any offense unless he had attained his
fourteenth birthday at the time the offense was committed.
2. The defendant shall have the burden of injecting the issue of infancy.
Section 215.225 - - Lack of Responsibility Because of Mental Disease or Defect
1. A person is not responsible for criminal conduct if at the time of such
conduct as a result of mental disease or defect he did not know or appreciate the
nature, quality or wrongfulness of his conduct or was incapable of conforming
conduct to the requirements of law.
2. The procedures for the defense of lack of responsibility because of mental
disease or defect are governed by the applicable provisions of Chapter §522 RSMo.
Section 215.120 - - Definitions
As used in Section 215.230 through 215.280.
1. “Deadly Force” means physical force which the actor uses with the
purpose of causing or which he knows to create a substantial risk of causing death or
serious physical injury.
2. “Dwelling” means any building or inhabitable structure, though movable
or temporary, or a portion thereof, which is for the time being the actor’s home or
place of lodging.
3. “Premises” includes any building, inhabitable structure and any real
property.
! 80
Updated 11.21.2017
4. “Private person” means any person other than a law enforcement officer.
Section 215.235 - - Civil Remedies Unaffected
The fact that conduct is justified under Sections 215.230 through 215.280 does
not abolish or impair any remedy for such conduct which is available in any civil actions.
Section 215.240 - - Execution of Public Duty
1. Unless inconsistent with the provisions of Sections 215.230 through
215.280 defining justifiable use of physical force, or with some other provision of
law, conduct which would otherwise constitute an offense is justifiable and not
criminal when such conduct is required or authorized by a statutory provision or by a
judicial decree. Among the kinds of such provisions and decrees are:
A. Laws defining duties and functions of public servants;
B. Laws defining duties of private persons to assist public servants in the
performance of their functions;
C. Laws governing the execution of legal process;
D. Laws governing the military services and the conduct of war;
E. Judgments and orders of courts.
2. The defense of justification afforded by subsection 1 of this section
applies:
A. When a person reasonably believes his conduct to be required or
authorized by the judgment or directions of a competent court or tribunal or
in the legal execution of legal process, notwithstanding lack of jurisdiction of
the court or defect in the legal process;
B. When a person reasonably believes his conduct to be required or
authorized to assist a public servant in the performance of his duties,
notwithstanding that the public servant exceeded his legal authority.
3. The defendant shall have the burden of injecting the issue of justification
under this section.
! 81
Updated 11.21.2017
Section 215.245 - - Justification Generally
1. Unless inconsistent with other provisions of this chapter defining
justifiable use of physical force, or with some other provision of law, conduct which
would otherwise constitute any crime or murder is justifiable and not criminal when
it is necessary as an emergency measure to avoid an imminent public or private
injury which is about to occur by reason of a situation occasioned or developed
through no fault of the actor, and which is of such gravity that, according to ordinary
standards of intelligence and morality, the desirability of avoiding the injury
outweighs the desirability of avoiding the injury sought to be prevented by the
section defining the crime charged.
2. The necessity and justifiability of conduct under subsection 1 may not rest
upon considerations pertaining only to the mortality and advisability of the section
either in its general application or with respect to its application to a particular class
or cases arising thereunder. Whenever evidence relating to the defense of
justification under this section is offered, the court shall rule as a matter of law
whether the claimed facts and circumstances would, if established, constitute a
justification.
3. The defense of justification under this section is an affirmative defense.
Section 215.250 - - Use of Force in Defense of Persons
1. A person may, subject to the provisions of subjection 2, use physical force
upon another person when and to the extent he reasonably believes such to be
necessary to defend himself or a third person from what he reasonably believes to be
the use or imminent use of unlawful force by such other person, unless:
A. The actor was the initial aggressor; except that in such case his use
of force is nevertheless justified provided:
(1) he has withdrawn from the encounter and effectively
communicated such withdrawal to such other person but the latter
persists in continuing the incident by the use or threatened use of
unlawful force; or
(2) he is a law enforcement officer and as such is an aggressor
pursuant to Section 563.046 RSMo.; or
(3) the aggressor is justified under some other provision of this
chapter or other provision of law;
! 82
Updated 11.21.2017
B. Under the circumstances as the actor reasonably believes them to
be, the person whom he seeks to protect would not be justified in using such
protective force;
C. The actor was attempting to commit, committing, or escaping after
the commission of a forcible felony.
2. A person may not use deadly force upon another person under the
circumstances specified in subsection 1 of this section unless:
A.He or she reasonably believes that such deadly force is necessary to protect
himself, or herself, or her unborn child, or another against death, serious physical
injury, or any forcible felony;
B.Such force is used against a person who unlawfully enters, remains after
unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle
lawfully occupied by such person; or
C.Such force is used against a person who unlawfully enters, remains after
unlawfully entering, or attempts to unlawfully enter private property that is owned or
leased by an individual, or is occupied by an individual who has been given specific
authority by the property owner to occupy the property, claiming a justification of
using protective force under this section.
3. A person does not have a duty to retreat:
A. From a dwelling, residence, or vehicle where the person is not
unlawfully entering or unlawfully remaining;
B. From private property that is owned or leased by such individual;
or
C. If the person is in any other location such person has the right to
be.
4. The justification afforded by this section extends to the use of physical
restraint as protective force provided that the actor takes all reasonable measures to
terminate the restraint as soon as it is reasonable to do so.
5. The defendant shall have the burden of injecting the issue of justification
under this section.
! 83
Updated 11.21.2017
Section 215.255 - - Use of Physical Force in Defense of Premises
1. A person in possession or control of premises or a person who is licensed
or privileged to be thereon, may, subject to the provisions of subjection 2, use
physical force upon another person when and to the extent that he reasonably
believes it necessary to prevent or terminate what he reasonably believes to be the
commission or attempted commission of the crime of trespass by the other person.
2. A person may not use deadly force under circumstances described in
subjection 1 unless the use of deadly force is authorized under state or federal law.
3. The defendant shall have the burden or injecting the issue of justification
under this section.
Section 215.260 - - Use of Physical Force in Defense of Property
1. A person may, subject to the limitations of subjection 2, use physical force
upon another person when and to the extent that he reasonably believes it necessary
to prevent what he reasonably believes to be the commission or attempted
commission by such person of stealing, property damage or tampering in any degree.
2. A person may not use deadly force under circumstances described in
subjection 1 unless the use of deadly force is authorized under state or federal law.
3. The justification afforded by this section extends to the use of physical
restraint as protective force provided that the actor takes all reasonable measures to
terminate the restraint as soon as it is reasonable to do so.
4. The defendant shall have the burden of injecting the issue of justification
under this section.
Section 215.265 - - Law Enforcement Officer’s Use of Force in Making an Arrest
1. A law enforcement officer need not retreat or desist from efforts to effect
the arrest, or from efforts to prevent the escape from custody, of a person he
reasonably believes to have committed an offense because of resistance or threatened
resistance of the arrestee. In addition to the use of physical force authorized under
other sections of this chapter, he is, subject to the provisions of subsections 2 and 3,
justified in the use of such physical force as he reasonably believes is immediately
necessary to effect the arrest or to prevent the escape from custody.
! 84
Updated 11.21.2017
2. A law enforcement officer in effecting the arrest or in preventing an
escape from custody is not justified in using deadly force unless the use of deadly
force is authorized by federal and state law and the Police Procedures Manual of the
City of Lakeshire.
3. The defendant shall have the burden of injecting the issue of justification
under this Section.
Section 215.270 - - Private Person’s Use of Force in Making an Arrest
1. A private person who has been directed by a person he reasonably believes
to be a law enforcement officer to assist such officer to effect an arrest or to prevent
escape from custody may, subject to the limitations of subjection 3, use physical
force when and to the extent that he reasonably believes such to be necessary to
carry out such officer’s direction unless he knows or believes that the arrest or
prospective arrest is not or was not authorized.
2. A private person acting on his own account may, subject to the limitations
of subsection 3, use physical force to effect arrest or to prevent escape only when
and to the extent such is immediately necessary to effect the arrest, or to prevent
escape from custody, of a person whom he reasonably believes to have committed a
crime and who in fact has committed the crime.
3. A private person in effecting an arrest or in preventing an escape from
custody is not justified in using deadly force unless the use of deadly force is
authorized under state or federal law.
4. The defendant shall have the burden of injecting the issue of justification
under this section.
Section 215.275 - - Use of Force to Prevent Escape from Confinement
1. Except as provided in Section 215.270 a guard or other law enforcement
officer may, subject to the provisions of subjection 2, use physical force when he
reasonably believes such to be immediately necessary to prevent escape from
confinement or in transit thereto or therefrom.
2. A guard or other law enforcement officer may not use deadly force under
circumstances described in subsection 1 unless the use of deadly force is authorized
under state or federal law.
! 85
Updated 11.21.2017
3. The defendant shall have the burden of injecting the issue of justification
under this section.
Section 215.280 - - Use of Force by Persons with Responsibility for Care, Discipline or
Safety of Others
1. The use of physical force by an actor upon another person is justifiable
when the actor is a parent, guardian or other person entrusted with the care and
supervision of a minor or an incompetent person or when the actor is a teacher or
other person entrusted with the care and supervision of a minor for a special purpose;
and
A. The actor reasonably believes that the force used is necessary to
promote the welfare of a minor or incompetent person, or, if the actor’s
responsibility for the minor is for special purposes, to further that special
purpose or to maintain reasonable discipline in a school, class or other group;
and
B. The force used is not designed to cause or believed to create a
substantial risk of causing death, serious physical injury, disfigurement,
extreme pain or extreme emotional distress.
2. The use of physical force by an actor upon another person is justifiable
when the actor is a person responsible for the operation of or the maintenance of
order in a vehicle of other carrier of passengers and the actor reasonably believes
that such force is necessary to prevent interference with its operation or to maintain
order in the vehicle or other carrier, except that deadly force may not be used unless
the use of deadly force is authorized by state and federal law.
3. The use of physical force by an actor upon another person is justified
when the actor is a physical or a person assisting at his direction; and
A. The force is used for the purpose of administering a medically
acceptable form of treatment which the actor reasonably believes to be
adapted to promoting the physical or mental health of the patient; and
B. The treatment is administered with the consent of the patient or, if
the patient is a minor or an incompetent person, with the consent of the
parent, guardian, or other person legally competent to consent on his behalf,
or the treatment is administered in an emergency when the actor reasonably
believes that no one competent to consent can be consulted and that a
! 86
Updated 11.21.2017
reasonable person, wishing to safeguard the welfare of the patient, would
consent.
4. The use of physical force by an actor upon another person is justifiable
when the actor acts under the reasonable belief that
A. Such other person is about to commit suicide or to inflict serious
physical injury upon himself; and
B. The force used is necessary to thwart such result.
5. The defendant shall have the burden or injecting the issue of justification
under this section.
Section 215.285 - - Attempt
1. A person is guilty of attempt to commit an offense if, with the purpose of
committing the offense, a person performs any act which is a substantial step
towards the commission of the offense. A “substantial step” is conduct which is
strongly corroborative of the firmness of the actor’s purpose to complete the
commission of the offense.
2. It is no defense to a prosecution under this section that the offense
attempted was, under actual attendant circumstances, factually or legally impossible
of commission, if such offense could have been committed had the attendant
circumstances been as the actor believed them to be.
3. Unless otherwise provided, an attempt to commit an offense is a Class C
violation if the offense attempted is a violation of any degree.
Section 215.290 - - Conspiracy
1. Guilt for an offense may be based upon a conspiracy to commit an offense
when a person, with the purposes of promoting or facilitating the commission of an
offense, agrees with another person or persons that they or one or more of them will
engage in conduct which constitutes such offense.
2. It is no defense to a prosecution for conspiring to commit an offense that a
person, who knows that a person with whom he or she conspires to commit an
offense has conspired with another person or persons to commit the same offense,
does not know the identity of such other person or persons.
! 87
Updated 11.21.2017
3. If a person conspires to commit a number of offenses, he or she can be
found guilty of only one offense so long as such multiple offenses are the object of
the same agreement.
4. No person may be convicted of an offense based upon a conspiracy to
commit an offense unless an overt act in pursuance of such conspiracy is alleged and
proved to have been done by him or her or by a person with whom he or she
conspired.
A. No one shall be convicted of conspiracy if, after conspiring to
commit the offense, he prevented the accomplishment of the objectives of the
conspiracy under circumstances manifesting a renunciation of his criminal
purpose.
B. The defendant shall have the burden of injecting the issue of
renunciation of criminal purpose under subdivision A of this subsection.
5. Exceptions:
A. No person shall be convicted of an offense based upon a
conspiracy to commit an offense if, after conspiring to commit the offense, he/she
prevented the accomplishment of the objectives of the conspiracy under
circumstances manifesting a renunciation of his/her criminal purpose.
B. The defendant shall have the burden of injecting the issue of
renunciation of criminal purpose under Subsection (E)(1).
6. For the purpose of time limitations on prosecutions:
A. Conspiracy to commit an offense is a continuing course of conduct
which terminates when the offense or offenses which are its object are
committed or the agreement that they be committed is abandoned by the
defendant and by those with whom he or she conspired;
B. If an individual abandons the agreement, the conspiracy is
terminated as to him/her only if he/she advises those with whom he/she has
conspired of his abandonment or he/she informs the law enforcement
authorities of the existence of the conspiracy and of his/her participation in it.
7. A person may not be charged, convicted or sentenced on the basis of the
same course of conduct of both the actual commission of an offense and a
conspiracy to commit that offense.
! 88
Updated 11.21.2017
8. Unless otherwise provided, a conspiracy to commit an offense is a Class C
violation if the object of the conspiracy is a violation of any degree.
Section 215.300 - - Assault
1. A person commits the crime of assault if:
A. The person attempts to cause or recklessly causes physical injury,
physical pain or illness to another person; or
B. With criminal negligence the person causes physical injury to
another person my means of a firearm; or
C. The person purposely places another person in apprehension of
immediate physical injury; or
D. The person recklessly engages in conduct which creates a
substantial risk of death or serious physical injury to another person; or
E. The person knowingly causes physical contact with another person
with a disability, which a reasonable person, who does not have a disability,
would consider offensive or provocative; or
F. The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative.
2. Assault is a Class A violation unless committed under subdivision C or E
of subsection 1 in which case it is a Class C violation.
Section 215.305 - - Consent as a Defense
1. When conduct is charged to constitute an offense because it causes or
threatens physical injury, consent to that conduct or to the infliction of the injury is a
defense only if:
A. The physical injury consented to or threatened by the conduct is
not serious physical injury; or
B. The conduct and the harm are reasonably foreseeable hazards of
! 89
Updated 11.21.2017
(1) the victim’s occupation or profession; or
(2) joint participation in a lawful athletic contest or competitive
sport.
C. The consent establishes a justification for the conduct under
Sections 215.230 through 215.280.
2. The defendant shall have the burden or injecting the issue of consent.
Section 215.310 - - Harassment
1. A person commits the offense of harassment if he/she, without good cause,
engages in any act with the purpose to cause emotional distress to another person,
including but not limited to:
A. Communicating in writing or by telephone a threat to commit any
felony as defined by state or federal law; or
B. Making a telephone call or communicates in writing and uses
coarse language offensive to one of average sensibility; or
C. Making a telephone call anonymously; or
D. Making repeated telephone calls.
2. Harassment is a Class A offense.
Section 215.315 - - Lack of Consent in Crimes Involving Restraint
1. It is an element of the offenses described in Section 215.320 that the
confinement movement or restraint be committed without the consent of the victim.
2. Lack of consent results from:
A. Forcible compulsion; or
B. Incapacity to consent.
3. A person is deemed incapable of consent if he is
A. Less than fourteen years old; or
! 90
Updated 11.21.2017
B. Incapacitated.
Section 215.320 - - False Imprisonment
1. A person commits the crime of false imprisonment if he knowingly
restrains another unlawfully and without consent so as to interfere substantially with
his liberty.
2. False imprisonment is a Class A offense.
Section 215.325 - - Defenses to False Imprisonment
1. A person does not commit false imprisonment under Section 215.320 if
the person restrained is a child under the age of seventeen and
A. A parent, guardian or other person responsible for the general
supervision of the child's welfare has consented to the restraint; or
B. The actor is a relative of the child; and
(1) the actor's sole purpose is to assume control of the child;
and
(2) the child is not taken out of the state of Missouri
2. For the purpose of this section, "relative" means a parent or stepparent,
ancestor, sibling, uncle or aunt, including an adoptive relative to the same degree
through marriage or adoption.
3. The defendant shall have the burden of injecting the issue of defense under
this section.
Section 215.330 - - Interference with Custody
1. A person commits the crime of interference with custody if, knowing that
he has no legal right to do so, he takes or entices from lawful custody any person
entrusted by order of a court to the custody of another person or institution.
2. Interference with custody is a Class A offense.
Section 215.335- - Definitions
! 91
Updated 11.21.2017
1. As used in Sections 215.335 through 215.360.
A. "Sexual intercourse" means any penetration, however slight, of the
female sex organ by the male sex organ, whether or not an emission results;
B. "Deviate sexual intercourse” means any sexual act involving the
genitals of one person and the mouth, tongue, hand or anus of another
person;
C. "Sexual contact" means any touching of the genitals or anus of any
person, or the breast of any female person, or any such touching through the
clothing, for the purpose of arousing or gratifying sexual desire of any
person.
2. Spouses living apart pursuant to a Judgment of legal separation are not
married to each other for the purposes of this chapter.
Section 215.340- - Mistake as to Incapacity or Age
1. Whenever in Sections 215.335 through 215.260 the criminality of conduct
depends upon a victim's being incapacitated, no crime is committed if the actor
reasonably believed that the victim was not incapacitated and reasonably believed
that the victim consented to the act. The defendant shall have the burden of injecting
the issue of belief as to capacity and consent.
2. Whenever in Sections 215.335 through 215.360 the criminality of conduct
depends upon a child's being fourteen or fifteen years of age, it is an affirmative
defense that the defendant reasonably believed that the child was sixteen years old or
older.
Section 215.345- - Sexual Misconduct
1. A person commits the crime of sexual misconduct if:
A. Being less than seventeen years old, he has sexual intercourse with
another person to whom he is not married who is fourteen or fifteen years
old; or
B. He engages in deviate sexual intercourse with another person to
whom he is not married and who is under the age of seventeen years; or
! 92
Updated 11.21.2017
C. He has deviate sexual intercourse with another person of the same
sex.
2. Sexual misconduct is a Class A violation.
Section 215.350 - - Sexual Abuse
1. A person commits the crime of sexual abuse if he subjects another person
to whom he is not married to sexual contact, when the other person is incapacitated
or twelve or thirteen years old.
2. Sexual abuse is a Class A offense.
Section 215.355 - - Sexual Abuse in the Second Decree
1. A person commits the crime of sexual abuse in the second degree if he
subjects another person to whom he is not married to sexual contact without that
person's consent.
2. Sexual abuse in the second degree is a Class B offense unless in the course
thereof the actor displays a deadly weapon in a threatening manner, in which case
the crime is a Class A offense.
Section 215.360 - - Indecent Exposure
1. A person commits the crime of indecent exposure is he knowingly exposes
his genitals under circumstances in which he knows that his conduct is likely to
cause affront or alarm.
2. Indecent exposure is a Class A offense.
Section 215.365 - - Definitions
As used in Sections 215.355 through 215.385.
1. "Promoting prostitution", a person "promotes prostitution" if, acting other
than as a prostitute or a patron of a prostitute, he knowingly
A. Causes or aids a person to commit or engage in prostitution; or
B. Procures or solicits patrons for prostitution; or
! 93
Updated 11.21.2017
C. Provides persons or premises for prostitution purposes; or
D. Operates or assists in the operation of a house of prostitution or a
prostitution enterprise; or
E. Accepts or receives or agrees to accept or receive something of
value pursuant to an agreement or understanding with any person whereby
he participates or is to participate in proceeds of prostitution activity; or
F. Engages in any conduct designed to institute, aid or
facilitate act or enterprise of prostitution.
2. "Prostitution", a person commits "prostitution" if he engages or offers or
agrees to engage in sexual conduct with another person in return for something of
value to be received by the person or by a third person.
3. "Patronizing prostitution", a person "patronizes prostitution" if
A. Pursuant to a prior understanding, he gives something of value to
another person as compensation for that person or a third person having
engaged in sexual conduct with him or with another; or
B. He gives or agrees to give something of value to another person on
an understanding that in return therefore that person or a third person will
engage in sexual conduct with him or with another; or
C. He solicits or requests another person to engage in sexual conduct
with him or with another, or to secure a third person to engage in sexual
conduct with him or with another, in return for something of value.
4. "Sexual conduct" occurs when there is
A. "Sexual intercourse" which means any penetration, however slight,
of the female sex organ by the male sex organ, whether or not an emission
results; or
B. "Deviate sexual intercourse" which means any sexual act involving
the genitals of one person and the mouth, tongue or anus of another
person; or
C. "Sexual contact" which means any touching, manual or otherwise,
of the anus or genitals of one person by another, done for the purpose of
arousing or gratifying sexual desire of either party.
! 94
Updated 11.21.2017
5. "Something of value" means any money or property, or any token, object
or article exchangeable for money or property.
Section 215.370 - - Prostitution
1. A person commits the crime of prostitution if he performs an act of
prostitution.
2. Prostitution is a Class A offense.
Section 215.375 - - Patronizing Prostitution
1. A person commits the crime of patronizing prostitution if he patronizes
prostitution.
2. Patronizing prostitution is a Class A offense.
Section 215.380 - - Prostitution and Patronizing Prostitution - Sex of Parties No Defense,
When
In any prosecution for prostitution or patronizing a prostitute, the sex of the two
parties or prospective parties to the sexual conduct engaged in, contemplated or solicited
is immaterial, and it is no defense that
1. Both persons were of the same sex; or
2. The person who received, agreed to receive or solicited something of
value was a male and the person who gave or agreed or offered to give something
of value was a female.
For the purposes of this section:
1. "Sexual intercourse" means any penetration, however slight, of the female
sex organ by the male sex organ;
2. "Deviate sexual intercourse" means any act of sexual gratification
between persons not lawfully married to one another, involving the genitals of one
person and the mouth, tongue or anus of another.
Section 215.365- - Prostitution Houses Deemed Public Nuisances
! 95
Updated 11.21.2017
1. Any room, building or other structure regularly used for sexual contact for
pay as defined in Section 215.365 or any unlawful prostitution activity prohibited
by this chapter is a public nuisance.
2. The prosecuting attorney may, in addition to all criminal sanctions,
prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner
of the room, building or structure knew or had reason to believe that the premises
were being used regularly for sexual contact for pay or unlawful prostitution
activity, the court may order that the premises shall not be occupied or used for
such period as the court may determine, not to exceed one year.
3. All persons, including owners, lessees, officers, agents, inmates or
employees, aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual
contact for pay or unlawful prostitution activity anywhere within the Jurisdiction
of the court.
4. Appeals shall be allowed from the Judgment of the court as in other civil
actions.
Section 215.390 - - Criminal Nonsupport
1. A husband commits the crime of nonsupport if he knowingly fails to
provide, without good cause, adequate support for his wife; a parent commits the
crime of nonsupport if such parent knowingly fails to provide, without good
cause, adequate support which such parent is legally obligated to provide for his
minor child or his stepchild.
2. For purposes of this Section:
A. "Support" means food, clothing, lodging, and medical or surgical
attention;
B. "Child" means any natural or adoptive, legitimate or illegitimate
child;
C. "Good cause" includes any substantial reason why the defendant is
unable to provide adequate support. Good cause does not exist if the
defendant purposely maintains his inability to support;
! 96
Updated 11.21.2017
D. It shall not constitute a failure to provide medical and surgical
attention, if nonmedical remedial treatment recognized and permitted
under the laws of this state is provided.
3. The defendant shall have the burden of injecting the issues raised by
subdivisions C and D of subsection 2.
4. Criminal nonsupport is a Class A offense.
Section 215.400 - - Endangering the Welfare of a Child
1.A person commits the crime of endangering the welfare of a child if he/she:
A.With criminal negligence act in a manner that creates a substantial risk to the life
body or health of a child less than seventeen (17) years old;
B.Knowingly encourages, aids or causes a child less than seventeen (17) years of
age to engage in any conduct which causes or tends to cause the child to come
within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or
Subdivision (3) of Section 211.031, RSMo.;
C.Being a parent, guardian or other person legally charged with the
carr or custoy of a child less than seventeen (17) years of age,
recklessly fails or refuses to exercise reasonable diligence in the car or
control of such child to prevent him/her from coming within the
provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or
Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3)
of Subsection (1) of Section 211.031, RSMo.; or
! 97
Updated 11.21.2017
D.Knowlingly encourages, aids or causes a child less than seventeen (17) years of
age to enter into any room, building or toehr structure which is a public nuisance
as definied in Section 579.105 RSMo.
2. Nothing in this section shall be construed to mean the welfare of a child is
endangered for the sole reason that he/she is being provided non-medical remedial
treatment recognized and permitted under the laws of this state.
3. Endangering the welfare of a child is a Class A offense.
Section 215.405 - - Unlawful Transactions With a Child
1. A person commits the crime of unlawful transactions with a child
if:
A. Being a pawnbroker, Junk dealer in secondhand goods, or any
employee of such person, he with criminal negligence buys or receives
any personal property other than agricultural products from an un-
emancipated minor, unless the child's custodial parent or guardian has
consented in writing to the transaction; or
B. He knowingly permits a minor child to enter or remain in a place
where illegal activity in controlled substances, as defined in Chapter p,
RSMo, is maintained or conducted; or
C. He with criminal negligence sells blasting caps, bulk gunpowder,
or explosives to a child under the age of seventeen, or fireworks as defined
in Section 320.110, RSMo, to a child under the age of fourteen, unless the
child's custodial parent or guardian has consented in writing to the
transaction. Criminal negligence as to the age of the child is not an
element of this crime.
2. Unlawful transactions with a child is a Class B offense.
Section 215.4l0 - - Definitions
As used in Sections 215.410 through 215.460.
! 98
Updated 11.21.2017
1. "Inhabitable structure" includes a ship, trailer, sleeping car, airplane, or
other vehicle or structure;
A. Where any person lives or carries on business or other calling; or
B. Where people assemble for purposes of business, government,
education, religion, entertainment or public transportation; or
C. Which is used for overnight accommodation of persons. Any such
vehicle is "inhabitable" regardless of whether a person is actually present.
2. "Of another", property is that "of another" if any natural person,
corporation, partnership, association, governmental subdivision or instrumentality,
other than the actor, has possessory or proprietary interest therein;
3. If a building or structure is divided into separately occupied units, any unit
not occupied by the actor is an "inhabitable structure of another";
4. "Utility", an enterprise which provides gas, electric, steam, water,
sewerage disposal, communication services and any common carrier. It may be
either publicly or privately owned or operated;
5. "To tamper", to interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition, or to deprive,
temporarily, the owner or possessor of that thing.
6. "Enter unlawfully or remain unlawfully", a person "enters unlawfully or
remains unlawfully" in or upon premises when he is not licensed or privileged to
do so. A person who, regardless of his purpose, enters or remains in or upon
premises which are at the time open to the public does so with license and
privilege unless he defies a lawful order not to enter or remain, personally
communicated to him by the owner of such premises or by other authorized
person. A license or privilege to enter or remain in a building which is only partly
open to the public is not a license or privilege to enter or remain in that part of the
building which is not open to the public.
Section 215.412 - - Open Burning Prohibited
No person shall burn or permit any other person to burn garbage, refuse, yard
waste or other combustible materials upon any property which such person owns, leases
or otherwise controls. This prohibition shall not apply to any person burning wood or
charcoal in any barbecue pit or other barbecue apparatus for the purpose of cooking food,
! 99
Updated 11.21.2017
nor will the prohibition apply to any person burning wood using a detached fire pit or
chiminea apparatus on a solid surface deck or patio. Fire pits and chimineas are not
permitted on grassy or dirt yard surfaces. Garbage, refuse, and yard waste are not
permitted to be burned at any time by any resident.
Section 215.415 - - Reckless Burning or Exploding
1 A person commits the crime of reckless burning or exploding when he
knowingly starts a fire or causes an explosion and thereby recklessly damages or
destroys a building or an inhabitable structure of another.
2. Reckless burning or exploding is a Class A offense.
Section 215.420 - - Negligent Burning or Exploding
1. A person commits the crime of negligent burning or exploding when he
with criminal negligence causes damage to property of another by fire or
explosion.
2. Negligent burning or exploding is a Class A offense.
Section 215.425 - - Property Damage in the First Degree
1. A person commits the crime of property damage in the first degree if:
A. He knowingly damages property of another to an extent exceeding
five hundred dollars; or
B. He damages property to an extent exceeding five hundred dollars
for the purpose of defrauding an insurer.
2. Property damage in the first degree is a Class A offense.
Section 215.430 - - Property Damage in the Second Degree
1. A person commits the crime of property damage in the second degree if:
A. He knowingly damages property of another; or
B. He damages property for the purpose of defrauding an insurer.
2. Property damage in the second degree is a Class B offense.
! 100
Updated 11.21.2017
Section 215.435 - - Claim of Right
1. A person does not commit an offense by damaging, tampering with,
operating, riding in or upon, or making connection with property of another if he
does so under a claim of right and has reasonable grounds to believe he has such a
right.
2. The defendant shall have the burden of injecting the issue of claim of
right.
Section 215.440 - - Trespass in the First Degree
1. A person commits the crime of trespass in the first degree if he knowingly
enters unlawfully or knowingly remains unlawfully n a building or inhabitable
structure or upon real property.
2. A person does not commit the crime of trespass in the first degree by
entering or remaining upon real property unless the real property is fenced or
otherwise enclosed in a manner designed to exclude intruders or as to which
notice against trespass is given by:
A. Actual communication to the actor; or
B. Posting in a manner reasonably likely to come to the attention of
intruders.
3. Trespass in the first degree is a Class B offense.
Section 215.445 - - Trespass in the Second Degree
1. A person commits the offense of trespass in the second degree if he enters
unlawfully upon real property of another. This is an offense of absolute liability.
2. Trespass in the second degree is an infraction.
Section 215.450 - - Tampering
1. A person commits the crime of tampering if he:
A. Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another; or
! 101
Updated 11.21.2017
B. Unlawfully operates or rides in or upon another’s automobile,
airplane, motorcycle, motorboat or other motor-propelled vehicle.
2. Tampering is a Class A offense.
Section 215.455 - - Tampering With a Utility
1. A person commits the crime of tampering with a utility if he:
A. Tampers or makes connection with property of a utility; or
B. Knowingly shall accept, or receive the use or benefit of gas,
electric current, steam, water, sewage disposal, communication service or
cable television service.
(1) when such gas, electric current, steam, water, sewage
disposal, communication service or cable television service should
pass through a meter but has been directed therefrom; or
(2) when such gas, electric current, steam, water, sewage
disposal, communication service or cable television service shall
have been obtained by diversion of same without authorization
from the utility producing or providing such service.
2. For the purposes of this section, the presence on a meter or other property
of a utility of any wire, pipe or other device whatsoever which affects the
diversion of gas, electric current, steam, water, sewage disposal, communication
service or cable television service without the proper measurement or registration
of such service, or which shall have been installed or attached without the
authorization of the utility providing such service shall be prima facie evidence of
knowledge thereof on the part of the person who has custody or control of the
building or portion of building to which the use or benefit of such service shall
have been diverted and shall further be prima facie evidence of the intent of such
person to accept or receive the use of such service.
3. Tampering with a utility is a Class A offense.
Section 215.460 - - Peeping Toms
Whoever shall be found in the city trespassing upon the premises of another
whereon is located a dwelling house during the hours between one hour after sunset and
! 102
Updated 11.21.2017
one hour before sunrise, such person being upon such premises and being then and there
engaged in peeping or peering into such dwelling house, or being upon such premises
with the intention of peeping or peering into such dwelling house, shall be deemed guilty
of a Class A offense.
Section 215.465 - - Definitions
As used in Sections 215.465 through 215.520.
1. "Adulterated" means varying from the standard of composition or quality
prescribed by statute or lawfully promulgated administrative regulations of this
city or this state lawfully filed, or if none, as set by commercial usage.
2. "Mislabeled" means varying from the standard of truth or disclosure in
labeling prescribed by statute or lawfully promulgated administrative regulations
of this city or state lawfully filed, or if none, as set by commercial usage; or
represented as being another person's product, though otherwise accurately
labeled.
3. "Appropriate" means to take, obtain, use, transfer, conceal or retain
possession of.
4. "Coercion" means a threat, however communicated:
A. To commit any crime; or
B. To inflict physical injury in the future on the person threatened or
another; or
C. To accuse any person of any crime; or
D. To expose any person to hatred, contempt or ridicule; or
E. To harm the credit or business repute of any person; or
F. To take or withhold action as a public servant, or to cause a public
servant to take or withhold action; or
G. To inflict any other harm which would not benefit the actor.
A threat of accusation, lawsuit or other invocation if official action is not coercion
if the property sought to be obtained by virtue of such threat was honestly claimed
! 103
Updated 11.21.2017
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.
5. "Credit Device" means a writing, number or other device purporting to
evidence an undertaking to pay for property of services delivered or rendered to
or upon the order of a designated person or bearer.
6. "Dealer" means a person in the business of buying and selling goods,
7. "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. Deception 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.
8. "Deprive" means:
A. To withhold property from the owner permanently; or
B. To restore property only upon payment of reward or other
compensation; or
C. To use or dispose of property in a manner that makes recovery' of
the property by the owner unlikely.
9. "Of another" property or services is that "of another" if any natural person,
corporation, partnership, association, governmental subdivision or instrumentality,
other than the actor, has a possessory or proprietary interest therein, 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.
10. "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.
11. "Receiving" means acquiring possession, control of title or lending on the
security of the property.
! 104
Updated 11.21.2017
12. "Services" includes transportation, telephone, electricity, gas, water or
other public service, accommodation in hotels, restaurants, or elsewhere,
admission to exhibitions and use of vehicles.
13. "Writing" includes printing, any other method of recording information,
money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges,
trademarks and any other symbols of value, right, privilege or identification.
Section 215.470 - - Stealing
A person commits the crime of stealing if he appropriates property or services of
another with the purpose to deprive him thereof, either without his consent or by means
of deceit or coercion. Stealing is a Class A offense.
Section 215.475 - - Lost Property
1. A person who appropriates lost property shall not be deemed to have
stolen that property within the meaning of Section 215.170 unless such property is
found under circumstances which gave the finder knowledge of or means of
inquiry as to the true owner.
2. The defendant shall have the burden of injecting the issue of lost property.
Section 215.480 - - Claim of Right
1. A person does not commit an offense under Section 215.470 if, at the time
of the appropriating he
A. Acted in the honest belief that he had the right to do so; or
B. Acted in the honest belief that the owner, if present, would have
consented to the appropriation.
2. The defendant shall have the burden of injecting the issue of claim of
right.
Section 215.485 - - Receiving Stolen Property
1. A person commits the crime of receiving stolen property if for the purpose
of depriving the owner of a lawful interest therein, he received, retains or disposes
of property of another knowing that it has been stolen, or believing that it has
been stolen.
! 105
Updated 11.21.2017
2. Evidence of the following is admissible in any criminal prosecution under
this section to prove the requisite knowledge or belief of the alleged receiver:
A. That he was found in possession or control of other property stolen
on separate occasions from two or more persons.
B. That he received other stolen property in another transaction within
the year preceding the transaction charged.
C. That he acquired the stolen property for a consideration which he
knew was far below its reasonable value.
3. Receiving stolen property is a Class A offense.
Section 215.490 - - Issuing a False Instrument or Certificate
1. A person commits the crime of issuing a false instrument or certificate
when, being authorized by law to take proof or acknowledgment of any
instrument which by law may be recorded, or being authorized by law to make or
issue official certificates or other official written instruments, he issues the same
with the purpose that it be issued, knowing:
A. That -it contains a false statement or false information; or B, That
it is wholly or partly blank.
2. Issuing a false instrument or certificate is a Class B offense.
Section 215.495 - - Passing Bad Checks
1. A person commits the crime of passing a bad check when, with purpose to
defraud, he issues or passes a check or other similar sight order for the payment of
money, knowing that it will not be paid by the drawee.
2. If the issuer has an account with the drawee, failure to pay the check or
order within ten days after notice in writing that it has not been honored because
of insufficient funds or credit with the drawee is prima facie evidence of his
purpose to defraud and of his knowledge that the check or order would rot be
paid.
! 106
Updated 11.21.2017
3. Notice in writing means notice deposited as first class mail in the United
States mail and addressed to the issuer at his address as it appears on the
dishonored check or to his last known address.
4. Passing bad checks is a Class B offense.
Section 215.500 - - Deceptive Business Practice
1. A person commits the crime of deceptive business practice if in the course
of engaging in a business, occupation or profession, he recklessly
A. Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity; or
B. Sells, offers or exposes for sale, or delivers less than the
represented quantity of any commodity or services; or
C. Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he furnishes the weight or measure;
or
D. Sells, offers or exposes for sale adulterated or mislabeled
commodities; or
E. Makes a false or misleading written statement for the purpose of
obtaining property or credit.
2. Deceptive business practice is a Class B offense.
Section 215.510 - - False Advertising
A person commits the crime of false advertising if, in connection with the
promotion of the sale of, or to increase the consumption of, property or services, he
recklessly makes or causes to be made a false or misleading statement in any
advertisement addressed to the public or to a substantial number of persons.
Section 215.515 - - Bait Advertising
1. A person commits the crime of bait advertising if he advertises in any
manner the sale of property or services with the purpose not to sell or provide the
property or services:
! 107
Updated 11.21.2017
A. At the price which he offered them; or
B. In the quantity sufficient to meet the reasonably expected public
demand, unless the quantity is specifically stated in the advertisement; or
C. at all.
2. Bait advertising is a Class B offense.
Section 215.520 - - Defrauding Secured Creditors
1. A person commits the crime of defrauding secured creditors if he destroys,
removes, conceals, encumbers, transfers or otherwise deals with the property
subject to a security interest with purpose to defraud the holder of the security
interest.
2. Defrauding secured creditors is a Class B offense.
Section 215.525 -- Definitions
As used in Sections 215.525 through 215.550.
1. "Pornographic", any material or performance is pornographic if,
considered as a whole, applying contemporary community standards:
A. Its predominant appeal is to prurient interest in sex; and
B. It depicts or describes sexual conduct in a patently offensive way;
and
C. It lacks serious literary, artistic, political or scientific value.
In determining whether any material or performance is pornographic, it shall be
judged with reference to its impact upon ordinary adults.
2. "Material" means anything printed or written, or any picture, drawing,
photograph, motion picture film, 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;
3. "Performance" means any play, motion picture film, dance or exhibition
performed before an audience;
! 108
Updated 11.21.2017
4. "Promote" means to manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, public, distribute, circulate, disseminate, present, exhibit, or advertise, or
to offer or agree to do the same;
5. "Furnish" means to issue, sell, give, provide, mail, deliver, transfer, circulate,
disseminate, present, exhibit or otherwise provide.
6. "Wholesale promote" means to manufacture, issue, sell, provide, mail,
deliver, transmute, publish, distribute, circulate, disseminate, or to offer or agree to
do the same for purposes of resale;
7. "Minor" means any person under the age of eighteen.
8. "Pornographic for minors", any material or performance is "pornographic for
minors" if it is primarily devoted to description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and;
A. Its predominant appeal is to prurient interest in sex; and
B. It is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors; and
C. It lacks serious literary, artistic, political, or scientific value for
minors.
9. "Nudity" means the showing of post-pubertal human genitals or pubic area,
less than a fully opaque covering;
10. "Sexual conduct" means acts of human masturbation, deviate sexual
intercourse, sexual intercourse, or physical contact with a person's clothed or
unclothed genitals, public area, buttocks or the breast of a female in an act of
apparent sexual stimulation or gratification;
11. "Sexual excitement" means the condition of human male or female genitals
when in a state of sexual stimulation or arousal;
12. "Sadomasochistic abuse" means flagellation or torture by or upon a person as
an act of sexual stimulation or gratification;
13. "Explicit sexual material" means any pictorial or three dimensional material
depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct
! 109
Updated 11.21.2017
physical stimulation of 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;
l4. "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 content or character distinguished by
normal unaided vision viewing it from a street, highway or public sidewalk, or from
the property of others.
Section 215.530 - - Promotions Pornography in the Second Degree
1. A person commits the crime of promoting pornography in the second degree
if, knowing its content and character, he:
A. Promotes or possesses with the purpose to promote any pornographic
material for pecuniary gain; or
B. Produces, presents, directs or participates in any pornographic
performance for pecuniary gain.
2. Promoting pornography in the second degree is a Class A offense.
Section 215.535 - - Furnishing Pornographic Materials to Minors
1. A person commits the crime of furnishing pornographic material to minors if,
knowing its content and character, he:
A. Furnishes any material pornographic for minors, knowing that the
person to whom it is furnished is a minor or acting in reckless disregard of
the likelihood that such person is a minor; or
B. Produces, presents, directs, or participates in any performance
pornographic for minors that is furnished to a minor knowing that any person
viewing such performance is a minor or acting in reckless disregard of the
likelihood that a minor is viewing the performance.
2. Furnishing pornographic material to minors is a Class A offense.
Section 215.540 - - Evidence in Pornography Cases
! 110
Updated 11.21.2017
1. In any prosecution under this Chapter evidence shall be admissible to show:
A. What the predominant appeal of the material or performance would
be for ordinary adults or minors;
B. The literary, artistic, political or scientific value of the material or
performance;
C. The degree of public acceptance in this state and in the local
community;
D. The appeal to prurient interest in advertising or other promotion of
the material or performance;
E. The purpose of the author, creator, promoter, furnisher, or publisher
of the material or performance.
2. Testimony of the author, creator, promoter, furnisher, publisher, or expert
testimony, relating to factors entering into the determination of the issues of
pornography, shall be admissible.
Section 215.545 - - Public Display of Explicit Sexual Material
1. A person commits the crime of public display of explicit sexual material if he
knowingly;
A. Displays publicly explicit sexual material; or
B. Pails to take prompt action to remove such a display from property in
his possession after learning of its existence.
2. Public display of explicit sexual material is a Class A offense.
Section 215.550 - - Injunctions and Declaratory Judgments
1. Whenever material or a performance is being or is about to be promoted,
furnished or displayed in violation of Sections 215.535, 215.540, 215.545, a civil
action may be instituted in the Circuit Court by the City.
Section 215.555 - - Peace Disturbance.
1. A person commits the offense of peace disturbance if:
! 111
Updated 11.21.2017
A. He/she unreasonably and knowingly causes alarm to another person
or persons not physically on the same premises by:
a. Personally abusive language addressed in a face-to-face
manner to a specific individual and uttered under circumstances such
that the words have a direct tendency to cause an immediate violent
response by a reasonable recipient; or
b. Tending to incite a fight; or
c. Fighting.
2. He/she is in a public place or on private property of another without consent
and unreasonably and knowingly causes alarm to another person or persons
by:
A. Personally abusive language addressed in a face-to-face manner to a
specific individual and uttered under circumstances such that the
words have a direct tendency to cause an immediate violent response
by a reasonable recipient; or
B. Tending to incite a fight; or
C. Fighting.
3. He/she is in a public place or on his/her own or another's private property
and creates loud and unusual noises, other than speech, that would
unreasonably disturb a person of normal and ordinary sensibilities.
4. He/she is in a public place or on the private property of another without
consent and intentionally and unreasonably obstructs vehicular or pedestrian
traffic or the free ingress and egress from public or private places.
A. It shall be unlawful and a Class B offense for any person to commit
an act of peace disturbance.
Section 215.560 - - Private Peace Disturbance.
1. A person commits the offense of private peace disturbance if he/she is on
private property and unreasonably and purposely causes alarm to another person or
persons on the same premises by:
! 112
Updated 11.21.2017
A. Fighting.
2. It shall be unlawful and a Class B offense for any person to commit an act of
private peace disturbance.
Section 215.565 - - Peace Disturbance Definitions
For the purposes of Sections 215.555 and 215.560
1. "Property of another" means any property in which the actor does not have a
possessory interest;
2. "Private property" means any place which at the time is not open to the
public. It includes property which is owned publicly or privately;
3. "Public place" means any place which at the time is open to the public. It
includes property which is owned publicly or privately;
4. If a building or structure is divided into separately occupied units, such units
are separate premises.
Section 215.570 - - Unlawful Assembly
1. A person commits the crime of unlawful assembly if he knowingly assembles
with six or more other persons and agrees with such persons to violate any of the
criminal laws of this city, this state or of the United States with force or violence
2. Unlawful assembly is a Class B offense.
Section 215.575 - - Rioting
1. A person commits the crime of rioting if he knowingly assembles with six or
more other persons and agrees with such persons to violate any of the criminal laws
of this city, this state or of the United States with force or violence, and thereafter,
while still so assembled, does violate any of said laws with force or violence.
2. Rioting is a Class A offense.
Section 215.580 - - Refusal to Disperse
! 113
Updated 11.21.2017
1. A person commits the crime of refusal to disperse if, being present at the
scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses
to obey the lawful command of a law enforcement officer to depart from the scene
of such unlawful assembly or riot.
2. Refusal to disperse is a Class A offense.
Section 215.585 - - Keeping Disorderly Premises
A person commits the crime of keeping a disorderly premises if he shall permit, allow or
encourage any peace disturbance, as defined in Sections 215.555 and 215.560, to occur or
continue on premises owned or controlled by him. Keeping disorderly premises is a
Class A offense.
Section 215.590 - - Definitions
The following definitions shall apply to Sections 215.590 through 215.705.
1. "Affidavit" means any written statement which is authorized or required by
law to be made under oath, and which is sworn to before a person authorized to
administer oaths;
2. "Government" means any branch or agency of the government of this state or
of any political subdivision thereof;
3. "Judicial proceeding" means any official proceeding in court, or any
proceeding authorized by or held under the supervision of a court;
4. "Juror" means a grand or petit Juror, including a person who has been drawn
or summoned to attend as a prospective juror;
5. "Official proceeding" means any cause, matter, or proceeding where the laws
of this state require that evidence considered therein be under oath or affirmation;
6. "Public record" means any document which a public servant is required by
law to keep;
7. "Testimony" means any oral statement under oath or affirmation.
Section 215.595 - - Hindering Prosecution
! 114
Updated 11.21.2017
1. A person commits the crime of hindering prosecution if for the purpose of
preventing the apprehension, prosecution, conviction or punishment of another
person for conduct constituting a crime, he or she:
A. Harbors or conceals such person; or
B. Warns such person of impending discovery or apprehension, except
this does not apply to a warning given in connection with an effort to
bring another into compliance with the law; or
C. Provides such person with money, transportation, weapon, disguise or
other means to aid him in avoiding discovery or apprehension; or
D. Prevents or obstructs, by means of force, deception or intimidation,
anyone from performing an act that might aid in the discovery or
apprehension of such person.
2. Hindering prosecution is a Class A violation.
Section 215.600 - - False Affidavit
1. A person commits the crime of making a false affidavit if, with purpose to
mislead any person, he, in any affidavit, swears falsely to a fact which is material to
the purpose for which said affidavit is made.
2. For the purposes of subsection 1 of this Section, the following shall apply:
A. A fact is material, regardless of its admissibility under rules of
evidence, if it could substantially affect, or did substantially affect the course
or outcome of the cause, matter or proceeding.
B. Knowledge of the materiality of the statement is not an element of
this crime, and it is no defense that:
(1) the defendant mistakenly believed the fact to be immaterial;
or
(2) the defendant was not competent, for reasons other than
mental disability or immaturity, to make the statement.
! 115
Updated 11.21.2017
3. It is a defense to a prosecution under subsection 1 of this Section that the
actor retracted the false statement by affidavit or testimony but this defense shall not
apply if the retraction was made after:
A. The falsity of the statement was exposed; or
B. Any person took substantial action in reliance on the statement.
4. The defendant shall have the burden of injecting the issue of retraction under
subsection 3 of this Section.
5. Making a false affidavit is a Class A offense if done for the purpose of
misleading a public servant in the performance of his duty; otherwise making a false
affidavit is a Class C offense.
Section 215.605 - - False Declarations
1. A person commits the crime of making a false declaration if, with the
purpose to mislead a public servant in the performance of his duty, he:
A. Submits any written false statement, which he does not believe to be
true
(1) in an application for any pecuniary benefit or other
consideration; or
(2) on a form bearing notice, authorized by law, that false
statements made therein are punishable; or
B. Submits or invites reliance on
(1) any writing which he knows to be forged, altered or otherwise
lacking in authenticity; or
(2) any sample, specimen, map, boundary mark, or other object
which he believes to be false.
2. The falsity of the statement or the item under subsection 1 of this section
must be as to a fact which is material to the purpose for which the statement is made
or the item submitted.
! 116
Updated 11.21.2017
3. It is a defense to a prosecution under subsection 1 of this section that the
actor retracted the false statements or item but this defense shall not apply if the
retraction was made after:
A. The falsity of the statement or item was exposed; or
B. The public servant took substantial action in reliance on the statement
or item.
4. The defendant shall have the burden of injecting the issue of retraction under
subsection 3 of this section.
5. Making a false declaration is a Class B offense.
Section 215.610 - - Proof of Falsity of Statements
No person shall be convicted of a violation of Sections 215.595, 215.600, or 215.605
based upon the making of a false statement except upon proof of the falsity of the
statement by:
1. The direct evidence of two witnesses; or
2. The direct evidence of one witness together with strongly corroborating
circumstances; or
3. Demonstrative evidence which conclusively proves the falsity of the
statement; or
4. A directly contradictory statement by the defendant under oath together with
A. The direct evidence of one witness; or
B. Strongly corroborating circumstances; or
5. A judicial admission by the defendant that he made the statement knowing it
was false. An admission, which is not a judicial admission, by the defendant that he
made the statement knowing it was false may constitute strongly corroborating
circumstances.
Section 215.615 - - False Reports
1. A person commits the crime of making a false report if he/she knowingly:
! 117
Updated 11.21.2017
A. Gives false information to a law enforcement officer for the purpose
of implicating another person in a crime;
B. Makes a false report to a law enforcement officer that a crime has
occurred or is about to occur; or
C. Makes a false report or causes a false report to be made to a Law
Enforcement officer, security officer, fire department or other organization,
official or volunteer, which deals with emergencies involving danger to life
or property that a fire or other incident calling for an emergency response has
occurred or is about to occur.
2. It is a defense to a prosecution under Subsection (1) of this section that the
person retracted the false statement or report before the Law Enforcement officer or
any other person took substantial action in reliance thereon.
3. The defendant shall have the burden of injecting the issue of retraction under
Subsection (2) of this section.
4. Making a false report is a Class B offense.
Section 215.620 - - False Bomb Report
1. A person commits the crime of making a false bomb report, if he knowingly
makes a false report of causes a false report to be made to any person that a bomb or
other explosive has been placed in any public or private place or vehicle.
2. Making a false bomb report is a Class A offense.
Section 215.625 - - Tampering With Physical Evidence
1. A person commits the crime of tampering with physical evidence if he/she:
A. Alters, destroys, suppresses or conceals any record, documents or
thing with purpose to impair its verity, legibility or availability in any official
proceeding or investigation; or
B. Makes, presents or uses any record, document or thing knowing it to
be false with purpose to mislead a public servant who is or may be engaged
in any official proceeding or investigation.
! 118
Updated 11.21.2017
2. Tampering with physical evidence is a Class A offense.
Section 215.630 - - Tampering With a Public Record
1. A person commits the crime of tampering with a public record if the purpose
is to impair the verity, legibility or availability of a public record;
A. He knowingly makes a false entry in or falsely alters any public
record; or
B. Knowing he lacks authority to do so, he destroys, suppresses or
conceals any public record.
2. Tampering with a public record is a Class A offense.
Section 215.635 - - False Impersonation
1. A person commits the crime of false impersonation if he:
A. Falsely represents himself to be a public servant with purpose to
induce another to submit to his pretended official authority or to rely upon
his pretended official acts, and
(1) performs an act in that pretended capacity; or
(2) causes another to act in reliance upon his pretended official
authority; or
B. Falsely represents himself to be a person licensed to practice or
engage in any profession for which a license is required by the laws of this
state with purpose to induce another to rely upon such representation, and
(1) performs an act in that pretended capacity; or
(2) causes another to act in reliance upon such representation.
2. False impersonation is a Class B offense unless the person represents himself
to be a law enforcement officer, in which case false impersonation is a Class A
offense.
Section 215.640 - - Simulating Legal Process
! 119
Updated 11.21.2017
1. A person commits the crime of simulating legal process if, with purpose to
mislead the recipient and cause him to take action in reliance thereon, he delivers
or causes to be delivered:
A. A request for the payment of money on behalf of any creditor that in
form and substance simulated any legal process issued by any court of this
state; or
B. Any purported summons, subpoena or other legal process knowing
that the process was not issued or authorized by any court.
2. This section shall not apply to a subpoena properly issued by a notary public.
3. Simulating legal process is a Class B offense.
Section 216.645 - - Resisting or Interfering With Arrest
1. A person commits the crime of resisting or interfering with arrest if, knowing
that a law enforcement officer is making an arrest, for the purpose of preventing
the officer from effecting the arrest, he:
A. Resists the arrest of himself by using or threatening the use of
violence or physical force or by fleeing from such officer; or
B. Interferes with the arrest of another person by using or threatening the
use of violence, physical force or physical interference.
2. This section applies to arrests with or without warrants and to arrests for any
crime or section violation.
3. It is no defense to a prosecution under subsection 1 of this section that the
law enforcement officer was acting unlawfully in making the arrest. However,
nothing in this section shall be construed to bar civil suits for unlawful arrest.
4. Resisting or interfering with arrest is a Class A offense.
Section 215.650 - - Interference With Legal Process
1. A person commits the crime of interference with legal process if, knowing
any person is authorized by law to serve process, for the purpose of preventing
such person from effecting the service of any process, he interferes with or
obstructs such person.
! 120
Updated 11.21.2017
2. “Process” includes any writ, summons, subpoena, warrant other than an
arrest warrant, or other process or order of a court.
3. Interference with legal process is a Class B offense.
Section 215.655 - - Refusing to Make an Employee Available for Service of Process
1. Any employer, or any agent who is in charge of a business establishment,
commits the crime of refusing to make an employee available for service of
process is he knowingly refuses to assist any officer authorized by law to serve
process who calls at such business establishment during the working hours of an
employee for the purpose of serving process on such employee, by failing or
refusing to make such employee available for service of process.
2. Refusing to make an employee available for service of process is a Class C
offense.
Section 215.660 - - Failure to Execute an Arrest Warrant
1. A law enforcement officer commits the crime of failure to execute an arrest
warrant if, with the purpose of allowing any person charged with or convicted of a
crime to escape, he fails to execute any arrest warrant, capias, or other lawful
process ordering apprehension or confinement of such person, which he is
authorized and required by law to execute.
2. Failure to execute an arrest warrant is a Class A offense.
Section 215.665 - - Refusal to Identify as a Witness
1. A person commits the crime of refusal to identify as a witness if, knowing he
or she has witnessed any portion of an offense, or of any other incident resulting in
physical injury or substantial property damage, he or she refuses to report or gives
a false report of his or her name and present address to a Law Enforcement Officer
engaged in the performance of his or her duties.
2. Refusal to identify as a witness is a Class C offense.
Section 216.670 - - Escape From Custody
1. A person commits the crime of escape from custody if, while being held in
custody after arrest for any crime, he escapes from custody.
! 121
Updated 11.21.2017
2. Escape from custody is a Class A offense.
Section 215.675 - - Interfering With a Prisoner or Aiding Escape of a Prisoner
1. A person commits the crime of interfering with a prisoner or aiding escape of
a prisoner if he:
A. Introduces into any place of confinement any deadly weapon or
dangerous instrument, or other thing adapted or designed for use in making
an escape, with the purpose of facilitating the escape of any prisoner
confined therein, or of facilitating the commission of any other crime; or
B. Assists or attempts to assist any prisoner who is being held in custody
or confinement for the purpose of effecting the prisoner’s escape from
custody or confinement.
C. Gives away or sells, or attempts to give away or sell, to any person
confined in any city mail or in custody of any peace officer in the city
anything whatsoever without the consent of the person in charge of such
jail or person having such custody.
2. Interfering with a prisoner or aiding escape of a prisoner is a Class A
offense.
Section 215.680 - - Disturbing a Judicial Proceeding
1. A person commits the crime of disturbing a judicial proceeding if, with
purpose to intimidate a judge, attorney, juror, party or witness, and thereby to
influence a judicial proceeding, he or she disrupts or disturbs a judicial proceeding
by participating in an assembly and calling aloud, shouting, or holding or
displaying a placard or sign containing written or printed matter, concerning the
conduct of the judicial proceeding, or the character of a judge, attorney, juror,
party or witness engaged in such proceeding or calling for or demanding any
specified action or determination by such judge, attorney, juror, party or witness in
connection with such proceeding.
2. Disturbing a judicial proceeding is a Class A offense.
Section 215.685 - - Tampering With a Witness
1. A person commits the crime of tampering with a witness if, with purpose to
induce a witness or a prospective witness in an official proceeding to disobey a
! 122
Updated 11.21.2017
subpoena or other legal process, or to absent himself or avoid subpoena or other
legal process, or to withhold evidence, information or documents, or to testify
falsely, he:
A. Threatens or causes harm to any person or property; or
B. Uses force, threats or deception; or
C. Offers, confers or agrees to confer any benefit, direct or indirect,
upon such witness.
2. Tampering with a witness is a Class A offense.
Section 215.690 - - Improper Communication
1. A person commits the crime of improper communication if he
communicates, directly or indirectly, with any juror, special master, referee, or
arbitrator in a judicial proceeding, other than as part of the proceedings in a case,
for the purpose of influencing the official action of such person.
2. Improper communication is a Class B offense.
Section 215.705 - - Misconduct in Administration of Justice
1. A public servant, in his public capacity or under color of his office or
employment, commits the crime of misconduct in administration of justice if:
A. He is charged with the custody of any person accused or convicted of
any crime of municipal ordinance violation and he coerces, threatens,
abuses or strikes such person for the purpose of securing a confession from
him;
B. He knowingly seizes or levies upon any property or dispossesses
anyone of any lands or tenements without due and legal process, or other
lawful authority;
C. He is a judge and knowingly accepts a plea a guilty from any person
charged with a violation of a statute or section at any place other than at the
place provided by law for holding court by such judge;
D. He is a law enforcement officer and violates the provisions of Section
544.170 RSMo, by knowingly
! 123
Updated 11.21.2017
(1) refusing to release any person in custody who is entitled to
such release; or
(2) refusing to permit a person in custody to see and consult with
counsel or other persons; or
(3) transferring any person in custody to the custody or control of
another, or to another place, for the purposes of avoiding the
provisions of that section; or
(4) preferring against any person in custody a false charge for the
purpose of avoiding the provisions of that section.
2. Misconduct in the administration of justice is a Class A offense.
Section 215.710 - - Obstructing Government Operations
1. A person commits the crime of obstructing government operations if he
purposely obstructs, impairs, hinders or perverts the performance of a
governmental function by the use or threat of violence, force, or other physical
interference or obstacle.
2. Obstructing governmental operations is a Class B offense.
Section 215.715 - - Official Misconduct
1. A public servant, in his public capacity or under color of his office or
employment, commits the crime of official misconduct if:
A. He knowingly discriminates against any employee or any applicant
for employment on account of race, creed, color, sex or national origin,
provided such employee or applicant possesses adequate training and
educational qualifications;
B. He knowingly demands or receives any fee or reward for the
execution of any official act or the performance of a duty imposed by law
or by the terms of his employment, that is not due, or that is more than is
due, or before it is due;
! 124
Updated 11.21.2017
C. He knowingly collects taxes when none are due, or exacts or
demands more than is due;
D. He is a city treasurer, city clerk, or other municipal officer, or judge
of a municipal court, and knowingly orders the payment of any money or
draws any warrant, or pays over any money for any purpose other than the
specific purpose for which the same was assessed, levied and collected,
unless it is or shall have become impossible to use such money for that
specific purpose.
E. He is an officer or employee of any court and knowingly charges,
collects or receives less fee for his services than is provided by law;
F. He is an officer or employee of any court and knowingly directly or
indirectly buys, purchases or trades for any fee taxed or to be taxed as costs
in any court of this state, or any county warrant, at less than par value
which may be by law due or to become due to any person by or through
any such court;
2. Official misconduct is a Class A offense.
Section 215.720 - - Misuse of Official Information
1. A public servant commits the crime of misuse of official information if, in
contemplation of official action by himself or by a governmental unit with which
he is associated, or in reliance on information to which he has access in his official
capacity and which has not been made public, he knowingly:
A. Acquires a pecuniary interest in any property, transaction, or
enterprise which may be affected by such information or official action; or
B. Speculates or wagers on the basis of such information or official
action; or
C. Aids, advises or encourages another to do any of the foregoing with
purpose of conferring a pecuniary benefit on any person.
2. Misuse of official information is a Class A offense.
Section 215.725 - - Deceiving a Law Enforcement Officer
! 125
Updated 11.21.2017
1. A person commits the offense of deceiving a law enforcement officer if he shall
knowingly deceive a law enforcement officer for the following purposes:
A. To prevent discovery of any offense or crime which has been or is being
committed by any person; or
B. To prevent or hinder investigation, apprehension, prosecution, conviction or
punishment of any person for conduct constituting an offense under the
sections of the City of Lakeshire or the laws of the State of Missouri.
2. It is a defense to a prosecution under this Section that the actor retracted the
false information or removed the deception but this defense shall not apply if the
retraction or removal was made after:
A. The falsity of the information or the deception was exposed; or
B. Any law enforcement officer took substantial action in reliance on the
false information or deception.
3. The defendant shall have the burden of injecting the issue of retraction or
removal under subsection 2 of this section.
4. Deceiving a law enforcement officer is a Class A offense.
Section 215.730 - Driving while under influence of intoxicating liquor or drugs prohibited
No person may operate a vehicle on the streets while under the influence of intoxicating
liquor or drugs. By the term “under the influence of intoxicating liquor or drugs” is meant that
degree of influence which affects to an appreciable degree the ability of the operator to operate
his vehicle in a manner in which an ordinarily prudent and cautious person in full possession of
his faculties would operate his vehicle under like conditions. Any person who by reason of
thickness of speech, or incoherence, or visible degree of lack of muscular coordination, or by
other, customary indicia of excessive use of alcohol or drugs shall be prima facie considered to
be “under the influence.”
Section 215.732 - Alcohol content in blood
No person shall drive a motor vehicle when the person has eight-hundredths of one
percent or more by weight of alcohol in his blood. As used in this section percent by weight of
alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of
blood and may be shown by chemical analysis of the person’s blood, breath, saliva or urine. For
the purposes of determining the alcoholic content of a person’s blood under this section, the tests
! 126
Updated 11.21.2017
shall be conducted in accordance with the provisions of sections 577.020 to 577.041 of the
Revised Statutes of Missouri, as amended.
A person shall not be convicted under sections 215.730 and 215.732, but shall be convicted
under only one of said sections.
Section 215.736 - - Procedure on Arrest
Any arrest for driving while intoxicated shall be handled as an other arrest for an offense of
the same severity, except as follows:
1. As soon as practicable following such arrest, the police department shall obtain the
driving record of the person arrested.
2. No person who has a prior state conviction for driving while intoxicated or driving
with excessive blood alcohol content within ten years of the date of the present
alleged offense shall be prosecuted through the municipal court until after the state
prosecuting attorney shall have had the opportunity to review the case and to
consider filing appropriate state charges.
3. No person, regardless of his prior conviction record, shall be prosecuted through the
municipal court where it appears possible that a charge of vehicular manslaughter
(RSMo §577.008) might be sustained, until after the state prosecuting attorney
shall have had the opportunity to review the case and to consider filing appropriate
charges.
4. In all other cases, the city prosecuting attorney shall have the discretion to file the
appropriate charge with the municipal court or he may refer the case to the state
prosecuting official.
5. The procedures described herein shall be directory and not mandatory. The failure
to follow the procedures provided for in this section shall not invalidate any
prosecution or be cause to overturn any conviction for violations of Sections
215.730 or 215.732 above, but may be reason for discipline of the city official(s)
violating this section.
Section 215.737 - - Procedure in Municipal Court
! 127
Updated 11.21.2017
A person charged with driving while intoxicated (Section 215.730) or driving with blood
alcohol content (Section 215.732) shall have his case heard in municipal court except in
accordance with the following procedure:
1. The defendant must either be represented by an attorney, or must voluntarily waive
his right to such representation by execution of written waiver. If the defendant
chooses to do neither (or if because he is an indigent is unable to employ an
attorney), the prosecution of the case shall be suspended and the case referred to
the state prosecuting official. Only if the state prosecuting official declines to
proceed with a state criminal prosecution shall the municipal prosecution be
resumed.
2. Neither the municipal judge nor any other municipal officer shall have the power to
revoke any operator’s or chauffeur’s license.
Section 215.738 - - Driving School
Effective January 1, 1984, the municipal court may, in connection with the disposition of
any offense which is a “point offense” resulting in the assessment of 1, 2 or 3 or 4 points by the
state Director of Revenue under the provisions of RSMo §302.302(1), (2), or (4), order the
staying of the assessment of points upon satisfactory completion of a driver improvement
program approved by the state director of the Department of Public Safety, as provided by
RSMo §302.302.4.
Section 215.739 - - Consumption of Alcoholic Beverages While Operating a Motor Vehicle
1. No person shall consume any alcoholic beverage while operating a moving motor
vehicle upon the highways, as defined in Section 301.010, RSMo.
2. Consuming alcoholic beverages while operating a moving motor vehicle is a Class
D offense.
Section 215.740 - - Chemical Tests, Results Admitted Into Evidence, When, Effect Of
1. Upon the trial of any person for violation of any of the provisions of sections
215.730-215.749 or upon the trial or any violations or municipal ordinances
arising out of acts alleged to have been committed by any person while driving a
motor vehicle while in an intoxicated condition, the amount of alcohol in the
person’s blood at the time of the act alleged as shown by any chemical analysis of
the person’s blood, breath, saliva, or urine is admissible in evidence and the
provisions of subdivision (5) of section 491.060 RSMo, shall not prevent the
admissibility or introduction of such evidence if otherwise admissible. If there
! 128
Updated 11.21.2017
was ten-hundredths of one percent or more by weight of alcohol in the person’s
blood, this shall be prima facie evidence that the person was intoxicated at the time
the specimen was taken.
2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per
one hundred milliliters of blood.
3. The foregoing provisions of this section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question whether
the person was intoxicated.
4. A chemical analysis of a person’s breath, blood, saliva or urine, in order to give
rise to the presumption or to have the effect provided for in subsection 1 of this
section, shall have been performed as provided in sections 577.020 to 577.041
RSMo and in accordance with methods and standards approved by the state
division of health.
5. Any charge alleging a violation of section 577.010 or 577.012 RSMo or any
municipal ordinance prohibiting driving while intoxicated, driving under the
influence of alcohol or driving with excessive blood alcohol content shall be
dismissed with prejudice if a chemical analysis of the defendant’s breath, blood,
saliva, or urine performed in accordance with sections 577.020 to 577.041 RSMo
and rules promulgated thereunder by the state division of health demonstrate that
there was less than ten-hundredths of one percent of alcohol in the defendant’s blood
unless one or more of the following considerations cause the court to find a
dismissal unwarranted:
A. There is evidence that the chemical analysis is unreliable as evidence
of the defendant’s intoxication at the time of the alleged violation due to
the lapse of time between the alleged violation and the obtaining of the
specimen;
B. There is evidence that the defendant was under the influence of a
controlled substance, or drug, or a combination of either or both with or
without alcohol; or
C. There is substantial evidence of intoxication from physical
observations of witnesses or admissions of the defendant.
Section 215.745 - - Arrest Without Warrant
! 129
Updated 11.21.2017
An arrest without a warrant by a law enforcement officer, including a uniformed
member of the state highway patrol, for a violation of section 215.730 or 215.732 is
lawful whenever the arresting officer has reasonable grounds to believe that the person to
be arrested has violated the section, whether or not the violation occurred in the presence
of the arresting officer; provided, however, that any such arrest without warrant must be
made within one and one-half hours after such claimed violation occurred.
Section 215.747 - - Reimbursement of Costs of Arrest, When, Limitations
Upon a plea of guilty or a finding of guilty for a first offense of violating the
provisions of Section 215.730 or 215.732 of violations of municipal ordinances involving
alcohol or drug related traffic offenses, the court may, in addition to imposition of any
penalties provided bylaw, order the convicted person to reimburse the City or other local
law enforcement agency which made the arrest for the costs associated with such arrest.
Such costs shall include the reasonable cost of making the arrest, including the cost of
any chemical test made to determine the alcohol or drug content of the person’s blood,
and the costs of processing, charging, booking and holding such person in custody. The
City may establish a schedule of such costs, however, the court may order the costs
reduced if it determines that the costs are excessive.
Section 215.748 - - Refusal to Submit to Chemical Test
If a person under arrest refuses upon the request of the arresting officer to submit to
any test allowed under Section 215.735, then none shall be given and evidence of the
refusal shall be admissible in a proceeding under Section 215.730 or 215.32. The request
of the arresting officer shall include the reasons of the officer for requesting the person to
submit to a test and also shall inform the person that evidence of his refusal to take the
test may be used against him and that his license may be evoked upon his refusal to take
the test. If a person when requested to submit to any test allowed under Section 215.735
requests to speak to an attorney, he shall be granted twenty minutes in which to attempt to
contact an attorney. If upon the completion of the twenty-minute period the person
continues to refuse to submit to any test, if shall be deemed a refusal. In this event, the
arresting officer, if he so believes, shall make a sworn report to the director of revenue
that he has reasonable grounds to believe that the arrested person was driving a motor
vehicle while in an intoxicated condition and that, on his request, refused to submit to the
test. Upon receipt of the officer’s report, the director shall revoke the license of the
person refusing to take the test for a period of one year; or if the person arrested be a
nonresident, his operating permit or privilege shall be revoked for one year; or if the
person is a resident without a license or permit to operate a motor vehicle in this state, an
order shall be issued denying the person the issuance of a license or permit for a period of
one year.
! 130
Updated 11.21.2017
Section 215.749 - - Alcohol Related Traffic Offender Program
1. Upon a plea of guilty of a finding of guilty for a first offense of violating the
provisions of section 215.730 - 215.740 or violations of county of municipal codes
involving alcohol or drug related traffic offenses, the court may, as a condition for
suspending any permissible portion of any sentence or in addition to imposition of
any penalties provided by law, section 557.011, RSMo, to the contrary
notwithstanding, order the convicted person to participate in and successfully
complete an alcohol or drug related traffic offender education or rehabilitation
program which meets or exceeds minimum standards established by the
department of public safety and the department of mental health. Such a program
may be used as a condition for suspending any permissible portion of any sentence
only one time.
2. The cost of the program shall be paid by the person attending the program.
3. The clerk of the court which orders any person to participate in an alcohol
education or rehabilitative program shall send a record of the participation and
completion of the program to the Missouri state highway patrol for inclusion in the
Missouri uniform law enforcement systems records.
Section 215.750 - - Littering
1. Definitions. For the purpose of this section, the following terms shall have
the meaning given herein.
Litter - the scattering or dropping of rubbish or trash or other matter.
Rubbish - any type of debris or rejected matter.
Trash - worn out, used, broken up or worthless matter or material.
2. It shall be unlawful for any person, firm association or corporation to drive,
move or propel a vehicle, or to allow a vehicle owned by such person, firm,
association or corporation to be driven, moved, propelled in such a manner as to
cause to be spilled, dropped or jostled onto any street, highway, thoroughfare,
sidewalk or other public place in the City of Lakeshire any trash or rubbish, or to
load or allow a vehicle to be so loaded so that the contents, or any portion of the
contents of such vehicle shall be spilled, dropped or jostled from such vehicle.
Vehicles, including trucks loaded with or transporting any construction material,
dirt, earth, clay, stone, macadam, brick, paper, cement, sand, fuel, coal, wood,
refuse or garbage shall be loaded and the vehicle shall be in such condition so that
! 131
Updated 11.21.2017
none of the contents shall be loosed or spilled along the route which the vehicle is
traveling.
3. It shall be unlawful for any person to throw or cause to be thrown, or permit
anyone in his or her employ to throw, onto any public highway, thoroughfare,
street, sidewalk, or other public place any kind of wire, scrap paper, or any ashes,
cans or glass of any character, or animal, vegetable or any other substance
whatever, or any type of advertising matter, or to distribute or cause to distributed,
or permit anyone in his or her employ to distribute, any type of advertising matter
in a manner as to cause the littering of any public highway, thoroughfare, street,
sidewalk or other public place. It shall further be unlawful for any person to
sweep or cause to be swept, or cause anyone in his or her employ to sweep, from
any building or residence, any refuse or dirt from such building onto any public
highway, thoroughfare, street, sidewalk, or other public place in the City of
Lakeshire.
4. It shall be unlawful for any person operating a vehicle or being a passenger
in any vehicle to throw or cause to be thrown from such vehicle onto any public
highway, thoroughfare, street, sidewalk or other public place in the City of
Lakeshire any rubbish or trash, fruit or fruit particles, wrappers, containers, papers,
paper products, bottles, glass, cans, hulls, hand bills, confetti, shavings, shells,
stalks, animals, cloth or any other material of any kind which would render such
public highway, thoroughfare, street, sidewalk or other public place unsightly,
unsafe, unclean, or unsanitary.
5. The owner or person in control of any private property shall at all times
maintain the premises free of litter. No person shall throw or deposit litter on any
private property in the City of Lakeshire, whether owned by such person or not;
provided, however, that the owner or person in control of private property may
maintain authorized private receptacles for the deposit of rubbish or other waste
materials, in such a manner that waste materials will be prevented from being
carried or deposited onto any public or private property.
6. Any person, firm, association or corporation who violates any of the
provisions of this section shall be deemed guilty of a Class C offense.
Section 215.755 - - Abandoning Motor Vehicle
1. A person commits the crime of abandoning a motor vehicle if he abandons
any motor vehicle on the right-of-way of any public road or state highway or on or
in any of the waters in this state or on the banks of any stream, or on any land or
water owned, operated or leased by the state, any board, department, agency or
! 132
Updated 11.21.2017
commission thereof, or any political subdivision thereof or on any land or water
owned, operated or leased by the federal government or on any private real
property owned by another without his consent.
2. Abandoning a motor vehicle is a Class A offense.
Section 215.760 - - Abandonment of Airtight or Semi-airtight Containers
1. A person commits the crime of abandonment of airtight icebox if he
abandons, discards, or knowingly permits to remain on premises under his control,
in a place accessible to children, any abandoned or discarded icebox, refrigerator,
or other airtight or semi-airtight container which has a capacity of one and one-
half cubic feet or more and an opening of fifty square inches or more and which
has a door or lid equipped with hinge, latch or other fastening device capable of
securing such door of lid, without rendering such equipment harmless to human
life by removing such hinges, latches or other hardware which may cause a person
to be confined therein.
2. Subsection 1 of this section does not apply to an icebox, refrigerator or other
airtight or semi-airtight container located in that part of a building occupied by a
dealer, warehouseman or repairman.
3. The defendant shall have the burden of injecting the issue under subsection 2
of this section.
4. Abandonment of an airtight icebox is a Class B offense.
Section 215.765 - - Impeding the Use of Streets, Sidewalks or Alleys
A person commits the offense of impeding the use of streets, sidewalks or alleys if
he shall interfere with, impede, or obstruct the free use of any street, sidewalk or alley by
another by:
1. Coasting, roller skating, ice skating or skate boarding on any street, sidewalk
or alley; or
2. Flying kites on any street, sidewalk or alley; or
3. Playing baseball, football, soccer or any other game or sport on any street,
sidewalk or alley; or
4. Sitting, standing, lying or loitering on any street, sidewalk or alley; or
! 133
Updated 11.21.2017
5. By any other conduct which impedes or obstructs the free use of any street,
sidewalk or alley by another; or by conduct which causes others to obstruct streets,
sidewalks or alleys.
6. Impeding the use of streets, sidewalks or alleys is a Class C offense.
Section 215.775 - - Handbills
It shall be unlawful for any person to distribute or place, or cause to be distributed or
placed on any street or sidewalk of the City any loose bills or circulars of an advertising
nature. It shall further be unlawful for any person to distribute or place, or cause to be
distributed or placed, on or in any private property or in automobiles or other vehicles,
any loose bills or circulars of an advertising nature without having secured the prior
consent of the owner thereof.
Any violation of this Section is a Class C offense.
Section 215.780 - - Carrying Concealed Weapons
1. No person within the confines of the City of Lakeshire, Missouri, shall wear
or carry concealed upon or about his person, or display in a threatening manner or
have in his possession when intoxicated, or directly or indirectly sell, deliver,
barter, loan or otherwise give to any minor person without the consent of the
parent or guardian of such minor, any dangerous or deadly weapon of any kind of
description, which shall include but not be limited to any kind of fire-arm of the
type or size that can be concealed upon the body of a person, or missile propelling
gun operated by gas, air or spring, or slingshot, or cross-knuckles or knuckles of
metal or other hardened material, or bowie knife, spring-back knife, switchblade
knife, razor, sword cane, dagger, dirk, bayonet, sap, billie sling-shot, chain length.
Hand fire-arms loaded with gunpowder and bullets and carried in a motor vehicle
shall be considered as concealed whether the same be visible or not.
2. Carrying concealed weapons shall be a Class A offense as shall be any other
violation of this section.
Section 215.781 - - Concealed Weapons in Public Buildings Prohibited
1. No person who has been issued a concealed carry endorsement by the
Missouri Director of Revenue under Section 571.094 RSMo or who has been
issued a valid permit or endorsement to carry concealed firearms issued by another
state or political subdivision of another state shall, by authority of that
! 134
Updated 11.21.2017
endorsement or permit, be allowed to carry a concealed firearm or to openly carry
a firearm in any building or portion of a building owned, leased or controlled by
the City.
2. Signs shall be posted at each entrance of a building entirely owned, leased or
controlled by the City stating that carrying of firearms is prohibited. Where the
City owns, leases or controls only a portion of a building, signs shall be posted at
each entrance to that portion of the building stating that carrying of firearms is
prohibited.
3. This section shall not apply to buildings used for public housing by private
persons, highways or rest areas, firing ranges, or private dwellings owned, leased
or controlled by the city.
4. Any person violating this section may be denied entrance to the building or
ordered to leave the building. Any city employee violating this section may be
disciplined. No other penalty shall be imposed for a violation of this section.
5. No person who has been issued a certificate of qualification which allows the
person to carry a concealed firearm before the Director of Revenue begins issuing
concealed carry endorsements in July, 2004, shall, by authority of that certificate,
be allowed to carry a concealed firearm or to openly carry a firearm in any
building or portion of a building owned, leased or controlled by the City.
Section 215.782 - - City Employees Prohibited From Carrying Firearms While on Duty
1. No City employee, except police officers, including those who have been
issued a concealed carry endorsement by the Missouri Director of Revenue under
Section 517.094 RSMo or who have been issued a valid permit or endorsement to
carry concealed firearms issued by another state or political subdivision of another
state shall, by authority of that endorsement or permit, be allowed to carry a
concealed firearm or to openly carry a firearm any place in the City of Lakeshire
while that employee is on duty.
2. Any employee violating this section may be disciplined in accordance with
the City of Lakeshire’s Personnel Rules and Regulations.
Section 215.785 - - Possession of Burglar Tools
1. No person within the confines of the City of Lakeshire, Missouri, shall
possess any nippers, known as burglars nippers, any lock pick, skeleton key, key to
be used with bit or bits, jimmy claw or crowbar, or any other similar instruments
! 135
Updated 11.21.2017
or tolls or any nature, kind or description, unless it be shown that such possession
is innocent or for any lawful purpose.
2. Possession of Burglar tools shall be a Class A offense as shall be any other
violation of this section.
Section 215.790 - - Hindering Fire Department Employees
1. No person shall in any way hinder, obstruct, or prevent any fireman or other
employee of a duly constituted fire protection district from performing his lawful
duties upon public or private property within the City of Lakeshire.
2. No person shall drive any type of vehicle over a fire hose on public or private
property without the permission of a fire protection district employee.
3. Any violation of this section shall be a Class B offense.
Section 215.795 - - Compliance With Lawful Order of Police of Fire Department
1. No person shall refuse to obey and comply with any lawful order or
requirement communicated to him or her by a duly appointed police officer or an
employee of a duly constitute fire protection district and made pursuant to the
official duties by such officer or employee.
2. Any violation of this Section shall be a Class A offense.
Section 215.800 - - Regulations of the Use, Possession, Sale, and Ownership of Flobert
Rifles, Air Guns, Spring Guns, and Arrows
1. It shall be unlawful for any person to discharge on the streets and ways of the
City, or in any park of playground or vacant lot, unless archery or target practice
be permitted in the park or playground, any air rifle, air gun or pistol, spring gun,
or gun or rifle containing a gas-propelled cartridge, or any other similar weapon,
whether such be classed as a toy or not, which impels with force a metal pellet of
any kind of on the same areas and under the same circumstances to propel any
metal or sharp pointed arrow; provided that nothing herein shall prevent the use of
discharge of firearms by any police or peace officer lawfully acting as such, or any
other person otherwise authorized by ordinance or executive order.
2. It shall be unlawful for any dealer or merchant to sells toys, firearms, guns,
or similar weapons, to sell, deliver or give any air rifle, air gun or pistol, spring
gun, or gun or rile operated with a gas-propelled cartridge, metal or sharp pointed
! 136
Updated 11.21.2017
arrow, or any other similar weapon to any minor under the age of seventeen (17)
years.
3. It shall be unlawful for any person under the age of seventeen (17) years to
have in his possession while on the streets or ways of the City or in any park,
playground, or vacant lot, unless archery or target practice be permitted in such
park of playground, any air rifle, air gun or pistol, spring guns, or gun or rifle
containing a gas-propelled cartridge, metal or sharp pointed arrow, or any similar
weapon.
4. It shall be unlawful for any person upon private premises to discharge,
operate, propel, or use any air rifle, air gun or pistol, spring gun, or gun or rifle
containing a gas-propelled cartridge, metal or sharp pointed arrow in such a
manner and under such circumstances as to cause the projectile to go beyond such
particular premises and enter or land upon other private premises on the streets,
ways, and public places of the City of Lakeshire.
5. Violation of this section is a Class B offense.
Section 215.805 - - Stink Bomb Unlawful
1. No person within the confines of the City of Lakeshire, Missouri, shall have
in his possession or control or manufacture, offer to sell, give away or otherwise
dispose of to another or others, or break, open, explode or otherwise use, or aid
another to use, any stink bomb or any stinking, offensive, smelling or injurious
substance contained in any bomb, vial, capsule, or other container which is so
devised as to be broken, exploded, or otherwise opened for the purpose of
emanating an unpleasant, offensive, or injurious odor for the purpose of annoying,
pestering, offending or injuring another or his property.
2. Violation of this Section is a Class B offense.
Section 215.815 - - Unsightly Objects
1. No person or persons shall place, store, or display articles, items, or other
objects on private premises within the City of Lakeshire if such placing, storing, or
displaying is unsightly and offensive to the view of average, reasonable persons.
2. If any person or persons is determined by the Board of Aldermen of the City
of Lakeshire to be in violation of these provisions, such person or persons shall be
given written notification by the Board of Aldermen of such determination.
! 137
Updated 11.21.2017
3. If, in the opinion of the Board of Alderman, such person or persons have
failed to eliminate the offensive and unsightly condition within 48 hours after
receipt of the written notification from the Board of Aldermen, then the Board of
Aldermen shall so inform the City Attorney who shall then issue a summons for
said person to appear in Municipal Court.
4. Any violation of this Section is a Class C offense.
Section 215.820 - - Drunkenness in Public Places Prohibited
1. No person within the confines of the City of Lakeshire, Missouri, shall be
found in a state of intoxication in any public place or upon the private property of
another to the annoyance of any other person. Refusal of a person to submit to
proffered blood-alcohol test shall be deemed an admission of intoxication by that
person.
2. Any violation of this Section is a Class C offense.
Section 215.825 - - Purchase of Auto Accessories from Minor Prohibited
1. No person within the confines of the City of Lakeshire, Missouri, shall when
engaged in business as pawnbroker, junk dealer, agent in second hand goods or
other merchant, himself or by agent, buy, receive or otherwise take into his
possession any auto accessories, junk or other personal property of any value
whatsoever from a minor without the consent of such minor’s parent or guardian
so to do, had in writing.
2. Any violation of this Section is a Class C offense.
Section 215.830 - - Throwing of Missiles
1. No person within the confines of the City of Lakeshire, Missouri, shall throw
any stone, snowball or any other missile of any nature whatsoever upon or at any
vehicle, building, tree, or other public or private property or upon or at any person,
in any public or private way or place, with the intent to annoy, pester, offend, or
injure another or his property.
2. Any violation of this Section is a Class C offense.
Section 215.835 - - Fireworks
! 138
Updated 11.21.2017
1. The words “fireworks” and “fireworks displays” includes all items, and
objects as are commonly designated and considered to be included within the
meaning of these terms. The word City as hereafter used shall mean the City of
Lakeshire.
2. No person, corporation, or partnership, association, or group of any other
designation or nature shall at any time make any purchase, sale, or delivery of any
fireworks display (with the exception of the fireworks hereinafter designated and
listed) at any time whatsoever, within the limits and environs of the City.
3. No person, corporation, partnership, association or group of any other
designation or nature shall at any time transport into or within the City any
fireworks or fireworks display (with the exception of the fireworks hereinafter
designated and listed) for the purpose of sale, purchase, delivery, exploding,
setting off, use or display of said fireworks and fireworks display within the limits
and environs of the City.
4. No person or group shall at any time explode, set off, use or display
fireworks or fireworks displays (with the exception of the fireworks hereinafter
designated and listed) except in the manner hereinafter provided.
5. Provided, however, that nothing contained in this Chapter shall be deemed to
regulate or prohibit the sale, purchase, delivery, explosion, setting off, use or
display of any of the following fireworks or fireworks display: Sparklers, colored
flares; box fires and torches; cylindrical fountains with handle, base, or spindle,
colored cone fires; wheels and magic snakes; toy cap pistols; cone fountains, and
colored shells that are not designed to produce an audio effect.
6. Nothing contained in this Chapter shall prevent the Board of Aldermen, upon
application being made, from granting permission and license, to operate an
organized fireworks display, upon the Board of Aldermen being satisfied that such
organized display will be conducted without danger to the spectators or
inhabitants.
Section 215.845 - - Non-Domestic Animals Not To Be Kept in City
1. It shall be unlawful to house or keep work animals, animals normally
considered wild, animals normally raised for human consumption, such as horses,
mules, steers, cows, rabbits and chickens, or snakes in excess of 6 feet long, within
the limits of the City of Lakeshire. Nothing in this Section shall prohibit the
keeping of dogs, cats, birds or other domestic pets.
! 139
Updated 11.21.2017
2. Any violation of this Section is a Class C offense.
Section 215.850 - - Cruelty to Animals
1. No person within the confines of the City of Lakeshire, Missouri, shall
needlessly kill, torture, beat, mutilate, poison, shoot, wound, or abandon without
cause, or fail to provide food and shelter without cause, any animal when the same
is done in a cruel and inhuman manner, or to cause any of such acts to be done.
2. Any violation of this Section is a Class C offense.
Section 215.855 - - Vulgar Language
1. No person within the confines of the City of Lakeshire, Missouri, shall use
vulgar, profane, or indecent language on any public street, place or other area
frequented by the public.
2. Any violation of this Section is a Class C offense.
Section 215.860 - - Purchase or Possession by a Minor
1. It shall be unlawful for a person under the age of twenty-one (21) years to
purchase or attempt to purchase, or have in his possession, any intoxicating liquor.
The definition of intoxicating liquor as used in this Section shall be the same as
that used in the laws of the State of Missouri.
2. Any violation of this Section is a Class B offense.
Section 215.865 - - Leaving the Scene of an Auto Accident
1. No person operating a motor vehicle which has been involved in any
accident, shall leave the scene of such accident without stopping and giving his
name, residence, motor vehicle number and operator or chauffeur’s license number
to an interested party or to a police officer or reporting the same to the nearest
station or officer.
2. Any violation of this Section is a Class A offense.
Section 215.870 - - Vagrancy
1. No person within the confines of the City of Lakeshire, Missouri, shall
wander from place to place or loiter in, about, or upon any street, alley or other
! 140
Updated 11.21.2017
public way or public place, or private or business property of another, while
having no lawful means of employment and no lawful means of support realized
solely from lawful occupations or sources.
Section 215.875 - - Posting Bills, Painting Signs, Etc.
1. It shall be unlawful for any person to post or cause to be posted any bill, or
paint, write or print or cause to be painted, written, or printed, any sign or device
on any sidewalk, street, bridge, viaduct, pole, tree, post or on any wall, building or
structure, or other property of another, unless in the case of private property, the
prior consent of the owner thereof has been secured.
For the purposes of this section, the presence of any bill, sign, device, painting, or
printing in a location prohibited by this section which contains or includes the
name of a business or corporation or the name by which a business or corporation
is doing business, shall be prima facie evidence that both the business or
corporation and its manager(s), officer(s), and director(s) had knowledge thereof
and had posted, painted, written, printed such bill, sign, device, painting or
printing in such location or caused the same to be posted, painted, written, printed
in such location. Further for the purposes of this section, the presence of any bill,
sign, device, painting or printing in a location prohibited by this section which
shall contain or include the name of any person shall be prima facie evidence that
such person had knowledge thereof and had posted, painted, written, printed such
bill, sign, device, printing or painting in such location or caused the same to be
posted, painted, written, printed in such location.
2. Any violation of this Section is a Class C offense.
Section 215.880 - - Excavations
Any person, officer or contractor making an excavation in any street, alley, or public
place, or on any premises adjacent to any alley, street or public place and not separated by
a fence or structure, shall guard and protect the same by barriers, and at night shall
outline the same with red lights.
Any violation of this Section is a Class C offense.
Section 215.886 - - Fences - Barbed Wire
No person shall construct, or cause or permit to be constructed, any fence composed
in whole or in part of barbed wire, along the line of any street, alley or sidewalk within
! 141
Updated 11.21.2017
the city; and whoever shall violate the provisions of this section shall be deemed guilty of
a Class C offense.
Section 215.890 - - Fences - Charged With Electricity
No person shall construct or cause or permit to be constructed, any fence charged
with electricity at any place within the limits of the city, and whoever shall violate the
provisions of this section shall be deemed guilty of a Class C offense.
Section 215.900 - - Massage Establishment Code
1. Citation of Section - this Section shall be cited as the “Massage
Establishment Code”.
2. Definitions.
A. “Massage” - Any method of pressure on or friction against or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the body, for medical or hygenic purposes, with the
hands or with the aid of any mechanical or electrical apparatus or
appliances with liniments, antiseptics, oils, powders, creams, lotions,
ointments, unguents or other similar preparations commonly used in this
practice.
B. “City” - The City of Lakeshire, Missouri.
C. “Board” - Board of Aldermen of City of Lakeshire, Missouri.
D. “Massage Establishment” - Any establishment having a fixed place of
business, herein massage is given, engaged n, carried on, for any form of
consideration.
E, “Masseur or Masseuse” - Any person who administers to another
person, for any form of consideration, massage.
F. “Outcall Massage Service” - Any business not licensed as massage
establishment under the provisions of this section wherein massage is
given, engaged in or carried on, or permitted to be given, engaged in, or
carried on, for any form of consideration, not at a fixed location but at a
location designation by the masseur or masseuse, customer or client.
! 142
Updated 11.21.2017
G. “Clerk” - Clerk of the City of Lakeshire, Missouri, who issues
licenses, or his authorized representative.
H. “Employee - Any person, other than a masseur or masseuse, who
renders any service to the permitte, who receives compensation or any
consideration, and who has no physical contact with the permittee’s
customers or clients.
I. “Permittee” - Any person receiving a permit to operator a massage
establishment or outcall massage service under the provisions of this
section.
J. “Person” - Any individual, co-partnership, firm, association,
company, corporation, or combination of individuals of whatever form or
character.
K. “Applicant” - Any person who applies for a permit as required by this
Chapter.
3. Provisions not applicable - To Whom. - The provisions of this section shall
not apply to hospitals, nursing homes, sanitaria, persons holding an unrevoked
certificate of entitlement to practice the healing arts under the laws of the State of
Missouri, barbers and beauticians duly licensed by the State of Missouri, athletic
trainers, or persons working under the direction and control of such persons or in
any such establishment.
4. Permit Required - Massage Establishment - Outcall Massage Service.
A. It shall be unlawful for any person to engage in, conduct or carry on,
or to permit to be engaged in, conducted or carried on, in or upon any
premises in the City, the operation of a massage establishment or an out-
call massage service as herein defined without first having obtained a
permit duly issued by the Director as set forth herein.
B. Application for a permit to engage in the business of a massage
establishment or outcall massage service shall be obtained from the clerk
and shall contain the following information:
(a) The two (2) previous addresses (if any) within the three (3)
years immediately prior to the present address of applicant;
! 143
Updated 11.21.2017
(b) Written proof that the individual or partnership applicant is
over the age of eighteen (18) years.
(c) Individual or partnership applicant’s heights, weight, color of
eyes, hair and sex;
(d) Two (2) portrait photographs at least 2 inches by two inches.
(e) Businesses, occupations, or employments of the applicant for
the three (3) years immediately preceding the date of the
application.
(f) The history of applicant in the operation of a massage
establishment, outcall massage service or similar business or
occupation.
(g) All criminal violations other than misdemeanor traffic
violations and lawful pardons or rehabilitative activity related
thereto.
(h) The name and address of each masseur, masseuse, or
employee who is or will be employed in said establishment or
service, or work as an independent contractor therein, and the terms
and conditions of such employment or contract.
(i) Such other identification and information necessary to
discover the truth of the matters hereinbefore specified as required
to be set forth in the application.
(j) If the applicant is a corporation, the names and residence of
each of the officers and directors of said corporation and of each
stockholder owning more than ten percent (1) of the stock of the
corporation.
C. All applications for a massage establishment or outcall massage
service permit shall be accompanied by an investigation fee of Fifty
Dollars ($50.00) no part of which shall be refundable.
D. Upon the receipt of said application, the Director shall refer the
application to the Health Commissioner and the Police Department. Each
of these departments shall within thirty (30) days from the date of sad
application review records or make an inspection of the premises proposed
to be used as a massage establishment and shall make a written
! 144
Updated 11.21.2017
recommendation to the Board concerning compliance with the respective
requirements to make recommendation to the Clerk.
E. The Clerk shall issue said permit if it is found:
(a) That the operation, as proposed by applicant, complies or
would comply with all applicable laws and chapters, including but
not limited to, the City’s building code, zoning laws, and health
regulations.
(b) That applicant, or if applicant is a corporation, the officers,
directors, and stockholders as stated herein, be of good moral
character.
Otherwise, said permit shall be denied. In the event of denial, notification
and reasons for denial shall be se forth in writing and shall be sent to the
applicant by means of certified mail or hand delivery.
F. An appeal may be taken by any aggrieved party to the Circuit Court of St.
Louis County, pursuant to the provisions of Section 536.150, RSMo.
5. Display of Permits - Written Listing
A. The permittee shall display the massage establishment or outcall
massage service permit issued in an open and conspicuous location on the
premises or in the principal place of business.
B. The permittee shall maintain a written listing of all masseurs,
masseuses or employees, whether employed by him or her or as
independent contractors. Such written list shall be available for inspection
during regular business hours.
6. Suspension or Revocation of Permit
A. Any massage establishment’s or outcall massage service’s permit
issued under this chapter shall be subject to suspension for up to ninety
(90) days or revocation by the Director for violation of any provision of
this section or for any grounds that would warrant the denial of the
issuance of such permit in the first instance.
B. The permittee shall be entitled to a hearing, before the Board prior to
the suspension or revocation of any permit under this chapter. At such
! 145
Updated 11.21.2017
hearing evidence will be received for the purpose of determining whether
the permit may be retained.
C. The permittee shall be notified by certified mail or hand delivery of
the decision of the Board. Said decision shall be accompanied by findings
of fact and conclusions of law.
D. An appeal may be taken by an aggrieved party to the Circuit Court of
St. Louis County, in accordance with provision of Chapter 536.100, et seq.
RSMo.
7. Sanitation Requirements - Rules and Regulations
A. The Health Commissioner is authorized to promulgate reasonable
rules and regulations pertaining to the sanitary requirements for the
operation of massage establishment and outcall services.
B. Permittee shall comply with all reasonable rules and regulations
which have been or may be promulgated by the Health Commissioner
pertaining to the operation of massage establishments or outcall massage
services.
8. Sexual conduct for Compensation or other Consideration Prohibited
A. “Sexual Conduct” as used herein shall mean acts of masturbation,
homosexuality, sexual intercourse or physical contact with a person’s
clothed or unclothed genitals, pubic area, buttocks, or, if such person be a
female, breast.
B. A masseur or masseuse, or an employee, shall not engage in or offer
or agree to engage in sexual conduct in return for compensation or other
consideration.
9. Inspection - Officials of Lakeshire shall have the right to enter the premises
from time to time during regular business hours for the purpose of making
reasonable inspections to enforce compliance with building, fire, electrical,
plumbing, or health regulations, and for the purpose of determining that the
provisions of this chapter, and other provisions of law or codes are being complied
with.
10. Transfer of permit - No massage establishment or outcall massage service
permit shall be transferable except upon first having obtained a new permit from
! 146
Updated 11.21.2017
the Clerk pursuant to all the requirements for a new application, and shall be
accompanied by a filing and investigation fee of fifty dollars ($50.00), no park of
which shall be refundable. The application for such transfer shall contain the same
information as required herein for an initial application for such permit.
11. Penalties - Any person, organization, association, corporation or any other
legal entity who violates any of the provisions of this section shall upon conviction
be sentenced to not more than three months in the County Jail or fined not more
than $500 or punishment may be both such sentence and fine.
Section 215.910 - - Offenses Relating to the Possession of Drugs and the Possession,
Manufacture, Delivery, Sale, and Advertising for Sale of Drug Paraphernalia
1.For the purposes of Section 215.910 the following terms are defined:
a.“City’s Drug Ordinance” means Section 215.910 of the Municipal
Code of the City of Lakeshire in effect upon passage and approval of this
Ordinance.
b.“Controlled Substance” as used herein shall be defined and include
the following:
i.“Marijuana” means all parts of the plant genus Cannabis in
any species or form thereof, including, but not limited to
Cannabis Sitiva L., Cannabis Indicia, Cannabis Americana,
Cannabis Ruderalis, and Cannabis Gigantea, whether growing or
not, the seeds thereof, the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative mixture
or preparation of the plant, its seeds or resin. It shall not include
the mature stalks of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of germination.
ii.“Controlled Substances” as definied and enumerated in
Chapter 195 of the Missouri Revised Statutes in effect upon the
passage of this Ordinance.
c.“Controlled Substances Act” means Chapter 195 of the Missouri
Revised Statutes in effect upon the passage of this Ordinance.
d.“Drug Paraphernalia” means 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, testing,
! 147
Updated 11.21.2017
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human
body, a controlled substance in violation of the City’s drug possession
ordinance or the Controlled Substances Act. It includes, but is not
limited to:
i.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
ii.Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing,
or preparing controlled substances;
iii.Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a
controlled substance;
iv.Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness, or
purity of controlled substances;
v.Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances;
vi.Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use, or
designed for use in cutting controlled substances;
vii.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;
viii.Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled
substances;
ix.Capsules, balloons, envelopes and other containers used,
intended for use, or designed for use in packaging small
quantities of controlled substances;
x.Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances;
xi.Hypodermic syringes needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
xii.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:
! 148
Updated 11.21.2017
1.Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
2.Water pipes;
3.Carburetion tubes and devices;
4.Smoking and carburetion masks;
5.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;
6.Miniature cocaine spoons, and cocaine vials;
7.Chamber pipes;
8.Carburetor pipes;
9.Electric pipes;
10.Air-driven pipes;
11.Chillums;
12.Bongs;
13.Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or
other authority should consider, in addition to all other logically relevant
factors, the following:
a.Statements by an owner or by anyone in control of the object
concerning its use;
b.Prior convictions, if any, of an owner, or of anyone in control of the
object, under any State or Federal law relating to any controlled
substance;
c.The proximity of the object, in time and space, to a direct violation of
the City’s drug possession ordinance or the Controlled Substances
Act;
d.The proximity of the object to controlled substances;
e.The existence of any residue of controlled substances on the object;
f.Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom he
knows, or should reasonably know, intend to use the object to
facilitate a violation of the City’s drug possession ordinance of the
Controlled Substances Act; the innocence of an owner, or of anyone
in control of the object, as to a direct violation of the City’s drug
possession ordinance or the Controlled Substances Act shall not
prevent a finding that the object is intended for use, or designed for
use as drug paraphernalia;
! 149
Updated 11.21.2017
g.Instructions, oral or written, provided with the object concerning its
uses;
h.Descriptive materials accompanying the object which explain or
depict its use;
i.National or local advertising concerning its use;
j.The manner in which the object is displayed for sale;
k.Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
l.Direct or circumstantial evidence of the ratio of sales of the object(s)
to total sales of the business enterprise;
m.The existence and scope of legitimate uses for the object in the
community;
n.Expert testimony concerning its use.
2.Drugs – Prohibited.
A person shall not have in his possession, custody, or control
Marijuana or any Controlled Substances each is defined by the State of
Missouri. This Section shall not apply to any person who may be
specifically authorized by law to possess, sell, prescribe, administer,
dispense, distribute, or give away Marijuana or any Controlled Substance.
3.Possession of Drug Paraphernalia
It is unlawful for any person to use, or to possess with intent to use,
drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the
human body, a controlled substance in violation of the City’s drug possession
ordinance or the Controlled Substances Act.
4.Manufacture or Delivery of Drug Paraphernalia
It is unlawful for any person to deliver, possess with intent to deliver,
or manufacture with intent to deliver, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used to
plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body, a controlled
substance in violation of the City’s drug possession ordinance or the
Controlled Substances Act.
! 150
Updated 11.21.2017
5.Delivery of Drug Paraphernalia to a Minor
Any person eighteen (18) years of age or over who violates Section
215.910 by delivering drug paraphernalia to a person under eighteen (18)
years of age who is at least three (3) years his junior is guilty of a special
offense and upon conviction shall be fined a minimum of Two Hundred and
Fifty Dollars ($250.00).
6.Advertisement of Drug Paraphernalia
It is unlawful for any person to place in a newspaper, magazine,
handbill, or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the purpose of the
advertisement, in whole or in part, is to promote the sale of objects designed
or intended for use a drug paraphernalia.
7.Severability
If any provision of this Article or the application thereof to any
person or circumstances is held invalid, the invalidity does not affect other
provisions or applications of the Article which can be given without the
invalid provision or application, and to this end the provisions of this Article
are severable.
8.Any violation of this Section is a Class A offense
Section 215.915 - - Curfew Regulations and Procedures for Violation Thereof
1. It shall be unlawful for any minor under the age of seventeen (17) years to
loiter, idle, wander, stroll or to drive or ride in an automobile, or play in or upon
the public streets, highways, roads, parks, playgrounds, or other public grounds,
public places and public buildings, places of amusement and entertainment, vacant
lots or other unsupervised places, between the hours of 11:00 P.M. and 6:00 A.M.
of the following day, official County time; except on Fridays and Saturdays when
the hours shall be 12:00 midnight to 6:00 A.M. of the following day, official
County time, provided, however, that the provisions of this Section do not apply to
a minor accompanied by his or her parent, guardian or other person having the
care and custody of the minor, or where the minor is upon an emergency errand or
legitimate business directed by his or her parent, guardian or other adult person
! 151
Updated 11.21.2017
having the care and custody of the minor. Each violation of the provisions of this
Section shall constitute a separate offense.
2. It shall be unlawful for the parent, guardian, or other adult person having the
care and custody of a minor under the age of seventeen (17) years to knowingly
permit such minor to loiter, idle, wander, stroll or play in or upon the public
streets, highways, roads, parks, playgrounds, or other public grounds, public places
and public buildings, places of amusement and entertainment, vacant lots or other
unsupervised places, between the hours of 11:00 P.M. and 6:00 A.M. of the
following day, official County Time; provided, however, that the provisions of this
Section do not apply when the minor is accompanied by his or her parent,
guardian, or other adult person having the care and custody of the minor, or where
the minor is upon am emergency errand or legitimate business directed by his or
her parent, guardian or other adult person having the care and custody of the
minor. Each violation of the provisions of this Section shall constitute a separate
offense.
3. Any violation of this Section shall be a Class C offense.
DOMESTIC AND FAMILY VIOLENCE CODE
Section 215.920 Definitions.
Unless the context otherwise requires, as used in this chapter:
1. “Domestic or family violence” means the occurrence of one or more of the acts
listed under Section 215.925, and done by a family or household member, but does not include
acts of self-defense.
2. “Family or household members” include:
1. Persons who are current or former spouses;
2. Persons who live together or who have lived together;
3. Persons who are dating or who have dated;
4. Persons who are engaged in or who have engaged in a sexual relationship;
5. Persons who are related by blood or adoption;
6. Persons who are related or formerly related by marriage; and
! 152
Updated 11.21.2017
7. Persons who have a child in common.
For the purposes of this section, minor children who are 17 years of age or under of a
person in a relationship that is described in paragraphs (1) through (7) can be included as
victims; and minor children who are 17 years of age or under of a person in a relationship that is
described in paragraphs (1) through (5) can be included in the list of perpetrators.
3. “Program of intervention for perpetrators” means a specialized program that
accepts perpetrators of domestic or family violence into batterer intervention programs that are
members of the Association of Batterer Intervention Programs to satisfy court orders, and offers
them classes or instruction.
4. “Program for victims of domestic or family violence” means a specialized
program for victims of domestic or family violence and their children that provides advocacy,
shelter, crisis intervention, social services, treatment, counseling, education, or training.
5. “Safety plan” means a written or oral outline of actions to be taken by a victim of
domestic or family violence to secure protection and support after making an assessment of the
dangerousness of the situation.
Section 215.925 “Offense Involving Domestic or Family Violence.”
Defined. An “Offense involving domestic or family violence” occurs when a family or
household member commits one or more of the following offenses as listed under this chapter
against another family or household member:
1. Domestic Assault;
2. Domestic Destruction, Damage, or Vandalism of Property;
3. Domestic Petty Larceny
4. Domestic Unlawful Possession of Stolen Property;
5. Domestic Peace Disturbance;
6. Domestic Peace Disturbance—Loud Noise;
7. Domestic Trespassing
8. Domestic Harassment;
9. Domestic Stalking;
10. Domestic Tampering with a Victim or Witness;
! 153
Updated 11.21.2017
11. Violation of Orders of Protection.
Section 215.930 Adult Abuse.
Definitions. For the purpose of prosecutions under Section 215.940 for violating an adult
order of protection, the following terms, in accordance with Section 455.010 R.S.Mo., shall have
the meanings ascribed to them herein, unless the context clearly indicates otherwise:
1. Abuse. Abuse includes but is not limited to the occurrence of any of the
following acts, attempts, or threats against a person who may be protected under a
valid protective order issued by the State of Missouri or any other state within the
United States.
A. Assault. Purposely or knowingly placing or attempting to place another in
fear of physical harm.
B. Battery. Purposely or knowingly causing physical harm to another with or
without a deadly weapon.
C. Coercion. Compelling another by force or threat of force to engage in
conduct from which the latter has a right to abstain.
D. Harassment. Engaging in a purposeful or knowing course of conduct
involving more than one (1) incident that alarms or causes distress to
another person and serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress and must actually cause substantial emotional distress
to the petitioner. Such conduct might include, but is not limited to the
following:
(a). Following another about in a public place or places;
(b). Peering in the window or lingering outside the residence of
another; but does not include constitutionally protected activity;
(c). Sexual assault. Causing or attempting to cause another to engage
involuntarily in any sexual act by force, threat of force, or duress;
(d). Unlawful imprisonment. Holding, confining, detaining or
abducting another person against that person’s will.
2. Adult. Any person eighteen (18) years of age or older or otherwise emancipated.
3. Court. The circuit or associate circuit judge or a family court commissioner.
! 154
Updated 11.21.2017
4. Ex parte order of protection. An order of protection issued by a court before the
respondent has received notice of the petition or an opportunity to be heard on it.
5. Family or household member. Spouses, former spouses, persons related by blood
or marriage, persons who are presently residing together or have resided together
in the past, a person who is or has been in a continuing social relationship of a
romantic nature with the victim, and persons who have a child in common
regardless of whether they have been married or have resided together at any
time.
6. Full order of protection. An order of protection issued after a hearing on the
record where the respondent has received notice of the proceedings and has had
an opportunity to be heard.
7. Order of protection. Either an ex parte order of protection or a full order of
protection.
8. Petitioner. A family or household member or a person who has been the victim of
domestic violence who has filed a verified petition under the provisions of RSMo
455.020.
9. Respondent. The family or household member or person alleged to have
committed an act of domestic violence, against whom a verified petition has been
filed.
10. Stalking. When a person purposely and repeatedly harasses or follows with the
intent of harassing another person. As used in this paragraph, “harass” means to
engage in a course of conduct directed at a specific person that serves no
legitimate purpose, that would cause a reasonable person to suffer substantial
emotional distress. As used in this subdivision, “course of conduct” means a
pattern of conduct composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected activity is
not included within the meaning of “course of conduct”.
Section 215.935 Child Protection Orders
Definitions. For the purpose of prosecutions under Section 215.935 for violation of a
child order of protection, the following terms, in accordance with Section 455.010 R.S.Mo., shall
have the meanings ascribed to them herein, unless the context clearly indicates otherwise:
1. “Abuse,” any physical injury, sexual abuse, or emotional abuse inflicted on a
child other than by accidental means by an adult household member, or stalking
! 155
Updated 11.21.2017
of a child. Discipline including spanking, administered in a reasonable manner
shall not be construed to be abuse.
2. “Adult household member,” any person eighteen years of age or older or an
emancipated child who resides with the child in the same dwelling unit.
3. “Child,” any person under eighteen years of age.
4. “Court,” the circuit or associate circuit judge or a family court commissioner.
5. “Ex parte order of protection,” an order of protection issued by the court before
the respondent has received notice of the petition or an opportunity to be heard on
it.
6. “Full Order of Protection,” an order of protection issued after a hearing on the
record where the respondent has received notice of the proceedings and has had
an opportunity to be heard.
7. “Order of protection,” either an ex parte order of protection or a full order of
protection.
8. “Petitioner,” a person authorized to file a verified petition under the provision of
Sections 455.503 and 455.505 RSMo.
9. “Respondent,” the adult household member, emancipated child or person stalking
the child against whom a verified petition has been filed.
10. “Stalking,” purposely and repeatedly harassing or following with the intent of
harassing a child. As used in this subdivision, “harassing” means engaging in a
course of conduct direct at a specific child that serves no legitimate purpose, that
would cause a reasonable adult to believe the child would suffer substantial
emotional distress. As used in this subdivision, “course of conduct” means a
pattern of conduct composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected activity is
not included within the meaning of “course of conduct”.
11. “Victim,” a child who is alleged to have been abused by an adult household
member.
Section 215.940 Violation of Orders of Protection.
1. The respondent of an ex parte or full order of protection for an adult, of which the
respondent has notice, shall not violate the terms and conditions of such order
! 156
Updated 11.21.2017
with regard to abuse, stalking, child custody, communication initiated by the
respondent or entrance upon the premises of the petitioner’s dwelling unit.
2. The respondent of an ex parte or a full order of protection for a child, of which the
respondent has notice, shall not violate the terms and conditions of such order
with regard to abuse, child custody, or entrance upon the premises of the victim’s
dwelling unit.
Section 215.945 Domestic Assault.
A. A person commits the offense of domestic assault if the act involves a domestic
victim, as the term “domestic victim” is defined under Section 565.002, RSMo., and:
1. The person attempts to cause or recklessly causes physical injury, physical
pain, or illness to such domestic victim;
2. With criminal negligence, the person causes physical injury to such
domestic victim by means of a deadly weapon or dangerous instrument;
3. The person purposely places such domestic victim in apprehension of
immediate physical injury by any means;
4. The person recklessly engages in conduct which creates a substantial risk
of death or serious physical injury to such domestic victim;
5. The person knowingly causes physical contact with such domestic victim
knowing he or she will regard the contact as offensive; or
6. The person knowingly attempts to cause or causes the isolation of such
domestic victim by unreasonably and substantially restricting or limiting his or
her access to other persons, telecommunication devices or transportation for the
purpose of isolation.
Section 215.950 Domestic Destruction, Damage or Vandalism of Property.
No person shall willfully destroy, damage or injure any property of a family or household
member of any kind whatsoever which does not belong to the said person.
Section 215.955 Domestic Petty Larceny.
No person shall steal, take, or carry away any article of value which is the property of a
family or household member.
Section 215.960 Domestic Unlawful Possession of Stolen Property.
! 157
Updated 11.21.2017
1. No person shall buy or in any way receive or possess any personal property which
has been unlawfully taken from a family or household member.
2. Proof that any personal property has been unlawfully taken from the possession or
control of a family or household member and that within six (6) months after said
unlawful taking said property has been in the possession or under the control of
the accused shall be deemed sufficient evidence to authorize conviction unless
possession of said property is satisfactorily explained by proof that either:
A. Before buying or receiving or coming into possession of said property, a
diligent and good faith inquiry was made as to the source of said property
sufficient to provide a reasonable belief that said property had not been
taken unlawfully from another; or
B. The property was acquired at a price and under circumstances sufficient to
provide a reasonable belief that said property had not been taken
unlawfully from another; or
C. The accused complied with Section 447.010 RSMo. relating to the duty of
persons finding lost property.
Section 215.965 Domestic Disturbance of the Peace.
No person shall unreasonably and knowingly disturb or alarm any family or household
member by: threatening or offensive language addressed in a face-to-face manner to that
individual and uttered under circumstances which are likely to produce an immediate violent
response from a reasonable recipient; or by physically threatening or challenging or fighting that
person.
Section 215.970 Domestic Disturbance of the Peace – Loud Noise.
1. No person shall play any radio, music player such as a “boom box,” tape cassette,
disc player, television, audio system or musical instrument in a manner or at a
volume that disturbs the peace of any other reasonable family or household
member; except, however, that nothing herein shall be construed to prohibit an
otherwise lawful public concert or public performance.
2. It shall be unlawful to speak, shout, sing or create any noise at a volume that
disturbs the peace of any other reasonable family or household member, except
that nothing herein shall be construed to prohibit the summoning of assistance in
an emergency.
3. For the purpose of prosecution under this section, it shall be presumed that any
speech, song or noise, or the playing of any radio, music player such as a “boom
! 158
Updated 11.21.2017
box,” tape cassette, disc player, television, audio system or musical instrument, is
disturbing to the peace of another reasonable family or household member if the
volume is such that it is plainly audible to persons more than fifty (50) feet away
from the source of the noise.
Section 215.975 Domestic Trespassing.
1. No person without lawful authority, or without the expressed or implied consent
of the family or household member or his agent, shall enter any building or enter
on any enclosed or improved real estate, lot or parcel of ground; or being upon
land of another, shall fail or refuse to leave the same when requested to do so by
the family or household member lawfully in possession thereof, his agent or
representative.
2. For the purpose of this section, “implied consent,” as it relates to persons making
deliveries on private property, extends only to sidewalks or other identifiable
walkways, where available, and does not extend to lawns or other private property
if such a sidewalk is available.
Section 215.980 Domestic Harassment.
No person shall, for the purpose of frightening or disturbing another family or household
member:
1. Communicate in writing or by telephone a threat to commit any felony or act of
violence; or
2. Make a telephone call or communicate in writing and use coarse language
offensive to one of average sensibility; or
3. Make a telephone call anonymously; or
4. Make repeated telephone calls to the same person or telephone number.
Section 215.985 Domestic Stalking.
1. As used in this section, the following terms shall have the meanings ascribed to
them:
A. Course of conduct. A pattern of conduct composed of a series of acts over
a period of time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the meaning of
“course of conduct.” Such constitutionally protected activity included
picketing or other organized protests.
! 159
Updated 11.21.2017
B. Credible threat. A threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his or her safety. The threat
must be against the life of, or a threat to cause physical injury to, a person.
C. Harass. To engage in a course of conduct directed at a specific person that
serves no legitimate purpose, that would cause a reasonable person to
suffer substantial emotional distress, and that actually causes substantial
emotional distress to that person.
2. No person shall purposely and repeatedly harass or follow with the intent of
harassing another family or household member or harass another family or
household member, and make a credible threat with the intent to place that person
in reasonable fear of death or physical injury.
Sec. 215.985 Domestic Tampering With a Victim or Witness.
1. No person, with purpose to induce a family or household member who is a
witness or prospective witness in an official proceeding to disobey a subpoena or
other legal process, or to induce such family or household member to absent
himself or avoid subpoena or other legal process, or to induce such family or
household member to withhold evidence, information or documents, or to testify
falsely, shall:
A. Threaten or cause harm to any person or property; or
B. Use force, threats or deception; or
C. Offer, confer or agree to confer any benefit, direct or indirect, upon such
witness; or
D. Convey any of the foregoing to another in furtherance of a conspiracy.
2. A person commits the violation of “domestic victim tampering” if, with purpose
to do so, he prevents or dissuades or attempts to prevent or dissuade any person
who is a family or household member who has been a victim of any ordinance
violation or a person who is acting on behalf of any such victim from:
A. Making any report of such victimization to any peace officer, or state,
local or federal law enforcement officer or prosecuting agency or to any
judge;
B. Causing a complaint, indictment or information to be sought and
prosecuted or assisting in the prosecution thereof;
! 160
Updated 11.21.2017
C. Arresting or causing or seeking the arrest of any person in connection with
such victimization.
D. Holding batterers accountable.
Section 215.990 Dismissal of Charges.
Cases involving domestic or family violence shall not be dismissed for the sole reason
that a civil compromise or settlement is reached.
Section 215.995 Rights of Victims of Domestic or Family Violence.
1. A victim of domestic and family violence is entitled to all rights granted to
victims of crime as found in Sections 595.200 to 595.218 RSMo including but not
limited to the right to:
A. Be informed of all hearing dates and continuances.
B. Provide the court with a victim-impact statement, victim-opinion
statement, and an assessment of the risk of further harm.
C. Be present at sentencing and address the court.
D. Be advised by the court of conditions of probation required to ensure the
safety of the victim and other family or household members.
E. Restitution for losses sustained as a direct consequence of any criminal
conduct.
F. Apply for victims’ compensation and to be informed of procedures for
applying.
ANIMAL CONTROL
CHAPTER 225
Section 225.010 - - Purpose of Chapter
The purpose of this Chapter is to regulate the control, possession and ownership of
animals within the City of Lakeshire in order to protect the public health, welfare and
safety of the inhabitants of the City.
Section 225.030 - - Inoculation Against Rabies
! 161
Updated 11.21.2017
Every resident person who owns, controls, manages, possesses has part interest in
any dog or cat kept any time during the year or who permits a dog or cat to come upon,
on or in, and to remain in or about his home, place of business or other premises, shall
have such dog or cat inoculated against rabies, but such inoculation requirements shall
not apply to dogs or cats less than four months of age. Such dogs must be inoculated at
least once each year unless a three(3) year type vaccine, approved by the St. Louis
County Health Commissioner, is administered, in which case the dogs or cats shall be
inoculated at least once every three (3) years.
Section 225.040 - - Kennels Prohibited, Dog and Cat License Plates, Female Dogs and Cats
Confined
1. Animal Kennels are hereby prohibited within the City of Lakeshire.
2. All dogs and cats within the City of Lakeshire shall be licensed and the St.
Louis County inoculation tag shall constitute proper licensing. Such tag shall be
securely fastened on the collars or harnesses of the animal for which the tag is
issued and shall be worn at all times.
3. All female dogs and cats shall be kept securely confined in an enclosed place
while in heat.
Section 225.050 - - Dogs Confined or Impounded, When
1. The St. Louis County Health Commissioner and the employees of the
County Department of Public Health or other persons designated by the County
Health Commissioner shall have the power to catch, confine and impound dogs
and other animals as follows:
A. All dogs and cats which are required to have licenses and which are
without a license displayed in the manner provided herein;
B. All female dogs and cats, licensed or unlicensed, not securely
confined in an enclosed place while in heat;
C. All dogs or other animals affected with rabies and all dogs and other
animals suspected by him or such employee to be exposed to or affected
with rabies including dogs or other animals known to have been bitten by a
! 162
Updated 11.21.2017
rabid animal, whether such dog or other animal is running at large or on a
leash and whether it is licensed or unlicensed.
D. All dogs with vicious propensities.
2. Dogs or other animals impounded in accordance with this Section shall be
impounded in the County dog pound or elsewhere under the supervision of and in
a manner satisfactory to the St. Louis County Health Commissioner.
Section 225.060 - - Rabies Control
1. The St. Louis County Health Commissioner or a person designated by him
shall dispose of any dog or other animal affected with rabies and he shall have the
power to examine and impound any animal bitten by or exposed to any animal
affected with rabies. He shall have the power to require the owners of such dogs
to take necessary measures to prevent further spread of rabies, and to dispose of
any exposed animal if such necessary measures are not taken by the owners.
2. Any dog captured and impounded by the St. Louis County Department of
Public Health as authorized herein and determined not to be affected with rabies
by the St. Louis County Health Commissioner may be redeemed by the owner or
other person having the right of possession of such animal upon the presentation of
a proper license and upon payment of a redemption fee provided herein.
3. Whenever rabies become prevalent within any area of St. Louis County
which is within a radius of three miles from the limits of the City of Lakeshire, or
within the City itself, the St. Louis County Health Commissioner may recommend
a quarantine order on any portion or all of the City of Lakeshire. The Board of
Aldermen of the City may issue a quarantine order pursuant to such
recommendation. The County Health Commissioner shall, during the first week
after a quarantine order is issued, take proper measures to inform the people of the
City of the existence of the quarantine order and of the penalties attached to the
violation of the quarantine order. A quarantine order shall direct the owner or
person having custody of any dog, to securely confine or restrain on a least in the
hands of a competent person, such animal during the period of quarantine. The
quarantine may be terminated by the Board of Aldermen upon the
recommendation of the St. Louis County health Commissioner after the necessity
therefor no longer exists. No quarantine shall remain effective for more than six
months from the date of the adoption of the quarantine order unless such
quarantine order is specifically extended by order of the Board of aldermen.
! 163
Updated 11.21.2017
4. It is unlawful for any person to conceal an animal or interfere with the St.
Louis county health Commissioner or person designated by him in the
performance of their legal duties as provided in this chapter. The St. Louis county
health Commissioner or persons designated by im shall have the right of entry to
unenclosed lots or lands for the purpose of collecting any stray or unlicensed dog
or other animal. The St. Louis County Health Commissioner or his duly appointed
representative shall have the right of entry to any property or premises within any
quarantined area during the period of such quarantine, for the purpose of
examining or obtaining any dog suspected of having rabies or having been
exposed to rabies.
5. It is unlawful for any person having ownership, control, management or
possession of any animal subject to rabies to abandon such animal in any area of
the City. Any person violating any provisions of this sub-section shall, on
conviction, be fined not more than One Hundred Dollars, and each such violation
shall constitute a separate offense.
6. It shall be the duty of any person bitten by any animal or the parent or
guardian of any minor child bitten by an animal to report the same to the St. Louis
County Department of Public Health immediately. Such report shall contain the
name and address of the owner and of the animal, the day and time bitten, the
location where bitten, and a general description of the animal.
The St. Louis County Health Commissioner shall immediately take said animal
into custody or have the same confined by the owner thereof for ten days under the
supervision of the Department of Public Health to determine whether such animal
be affected with rabies. If the owner shall not confine such animal in a manner
satisfactory to the County Health Department, such animal shall be forthwith
surrendered to the County Health Commissioner or to a person or persons
designated by him upon demand.
7. It shall be the duty of every physician to report immediately to the St. Louis
county Department of Public Health, the full name, age, and address of any person
under his care or observation who has been bitten by an animal affected with
rabies or suspected of being affected with rabies, and every veterinarian treating or
having under observation any animal affected with rabies, or suspected of being
rabid, or suspected of having been exposed to rabies, shall report to the County
Health Department of Public Health the license number of such animal and the
owner’s name and address.
8. Any person destroying an animal affected with rabies or suspected of being
affected with rabies shall immediately notify the County Health Department of
! 164
Updated 11.21.2017
Public Health and shall surrender the carcass of such animal upon demand. The
owner or custodian of any such destroyed animal shall immediately provide the
County Department of Public Health with full particulars thereof, including the
time, date, location, the names and addresses of any person bitten by said animal,
and also the name and address of the owner or person having custody of any
animal exposed to the animal destroyed.
Section 225.070 - - Fierce or Dangerous Dogs
When any fierce or dangerous dog or one that has previously bitten any person is
kept upon any premises, it shall be the duty of the owner and of the keeper of such dog to
post a notice on the premises conspicuously visible to the public and reading in letters not
less than two inches high “BAD DOG HERE”, or “BEWARE BAD DOG.” In case a
minor is the keeper or owner of such dog the duty of posting this notice shall devolve
upon the adult person in whose family the minor lives or who is in charge of the premises
where such dog is kept.
Section 225.080 - - Leash Regulations
It shall be unlawful for any person or persons owning, controlling, possessing, or
having the management or care, in whole or in part of any dog or any cat, whether
licensed or not, to permit the dog or cat to go off the premises of the owner or keeper
thereof, unless such dog or cat is:
1. Securely tied or lead by a line or leash not more than six feet in length;
2. When at “heel” of a competent person, a competent person herein being
described as a human being that is capable of controlling and governing the dog or
cat in question, and to whose commands the dog or cat is obedient;
3. When within a vehicle being driven, parked or stopped;
4. When not more than fifty feet from a competent person, if such dog or cat is
not annoying or worrying any human being or domestic animal, or trespassing on
private property, or in a public area where dogs or cats are forbidden.
The fact that a dog is muzzled shall be no defense for violations of this section. Any
person charged with the violation of any provisions of this Section shall, if found guilty of
such violation, pay the following fines:
Schedule of Penalty for violation 1st Offense 2nd offense
! 165
Updated 11.21.2017
For dogs licensed in accordance with $ 5.00 $10.00
this Chapter
For dogs not so licensed $10.00 $15.00
Ten additional dollars shall be assessed as a fine for each subsequent offense.
Section 225.090 - - Owners Responsibility
In any prosecution charging a violation of Section 225.080 hereunder, proof that a dog was
running off the premises in violation of said Section, together with proof that the defendant
named in the complaint was, at the time described in the complaint, the owner or keeper of
such dog, shall constitute a prima facie presumption that said owner or keeper was the
person who permitted said dog to go off the premises.
Section 225.100 - - Administration of Chapter
1. The St. Louis County Health Commissioner or his employees, the Chief of
Police of the City of Lakeshire, the City Clerk, and the St. Louis County
Department of Public Health shall be responsible for the administration of this
chapter when appropriate. They shall have the possession of all the powers
necessary to the effective administration and enforcement thereof.
2. All powers, rights, duties, and obligations granted or imposed upon the St.
Louis County Health Commissioner and his employ shall be extended to an
encompassed within the other duties of the Chief of Police of the City of Lakeshire
and his deputies.
Section 225.110 - - Contract with St. Louis County
The Mayor is hereby empowered and authorized to enter into a contract with St.
Louis County and its appropriate officers and departments for the common service of
rabies control. All such contracts shall be approved by the Board of Aldermen.
Section 225.115 - - Dogs, Cats, Puppies, Kittens and Other Animals Creating a Nuisance,
Prohibited.
1. Every person owning, having charge of, or being responsible for a dog, cat,
puppy, kitten or other animal shall keep it from creating a nuisance.
2. A dog, cat, puppy, kitten or any other animal creates a nuisance if it:
! 166
Updated 11.21.2017
3. Soils, defiles or defecates on property other than property of a person
responsible for the animal, unless such waste is immediately removed by a person
responsible for the animal and deposited in a waste container or buried on ground
where the person responsible for the animal has permission or the right to bury it.
4. Damages public property or property belonging to a person other than a
person responsible for the animal.
5. Causes unsanitary or dangerous conditions.
6. Causes a disturbance by excessive barking, howling, meowing or other
noisemaking.
7. Chases vehicles, including bicycles.
8. Molests, attacks, bites or interferes with persons or other animals on public
property or property not belonging to a person responsible for the animal.
9. Impedes refuse collection, mail delivery, meter reading, or other public
service activities by annoying persons responsible for such activities.
10. Tips, rummages through, or damages a refuse container.
11. Any person who owns, has charge of or is responsible for a dog, cat, puppy,
kitten or any other animal and who shall fail to keep said animal from creating a
nuisance, as defined herein, shall be guilty of a violation of the Lakeshire
Municipal Code and shall be subject to the penalties as provided in Section
225.130.
Section 225.120 - - Limit on Domestic Pets
No more than two domestic pets shall be kept in any one apartment or single-family
dwelling within the City. Small bird, fish and small rodents, such as gerbils or mice, are
accepted.
Section 225.130 - - Penalty
Any person violating any provisions of this Chapter, where no penalty is otherwise
indicated, shall be guilty of a Class B violation as defined in Chapter 215 and subject to
the penalties provided herein.
! 167
Updated 11.21.2017
TRAFFIC CODE
Chapter 300
Section 300.010 - - Definitions
The following words and phrases when used in this ordinance, mean:
(1) ALLEY or ALLEYWAY: any street with a roadway of less than twenty feet
in width;
(2) AUTHORIZED EMERGENCY VEHICLE: a vehicle publicly owned and
operated as an ambulance, or a vehicle publicly owned and operated by the state
highway patrol, police, fire department, sheriff or constable or deputy sheriff,
traffic officer or any privately owned vehicle operated as an ambulance when
responding to emergency calls;
(3) BUSINESS DISTRICT: the territory contiguous to an including a highway
when within any six hundred feet along the highway there are buildings in use for
business or industrial purposes, including but not limited to hotels, banks, or office
buildings, railroad stations and public buildings which occupy at least three
hundred feet of frontage on one side or three hundred feet collectively on both
sides of the highway;
(4) CENTRAL BUSINESS (or TRAFFIC) DISTRICT: all streets and portions of
streets within the area described by city ordinance as such;
(5) COMMERCIAL VEHICLE: Every motor vehicle designed or regularly used
for carrying freight and merchandise or more than eight passengers and registered
with the State of Missouri as a commercial vehicle with local or beyond local
license plates.
(6) CONTROLLED ACCESS HIGHWAY: every highway, street or roadway in
respect to which owners or occupants of abutting lands and other persons have no
legal right of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction over the
highway, street or roadway;
(7) CROSS WALK:
! 168
Updated 11.21.2017
(a) 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:
(b) Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the surface.
(8) CURB LOADING ZONE: a space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers or
materials;
(9) DRIVER: every person who drives or is in actual physical control of a
vehicle.
(10) FREIGHT CURB LOADING ZONE: a space adjacent to a curb to the
exclusive use of vehicles during the loading or unloading of freight (or
passengers);
(11) HIGHWAY: the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel;
(12) INTERSECTION:
(a) The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of the
roadways of two highways which join one another et, or approximately at,
right angles, or the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict.
(b) Where a highway includes two roadways thirty 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 intersection highway also includes two roadways thirty feet or
more apart, then every crossing of two roadways of such highways shall be
regarded as a separate intersection.
(13) LANED ROADWAY: a roadway which is divided into two or more clearly
marked lanes for vehicle traffic;
! 169
Updated 11.21.2017
(14) MOTOR VEHICLE: any self-propelled vehicle not operated exclusively
upon tracks, except farm tractors;
(15) MOTORCYCLE: 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;
(16) OFFICIAL TIME STANDARD: whenever certain hours are named herein
they shall mean standard time or daylight-saving time as may be in current use in
the city.
(17) OFFICIAL TRAFFIC CONTROL DEVICES: all signs, signals, markings
and devices not inconsistent with this ordinance placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating, warning
or guiding traffic;
(18) PARK or PARKING: the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers;
(19) PASSENGER CURB LOADING ZONE: a place adjacent to a curb reserved
for the exclusive use of vehicles during the loading or unloading of passengers;
(20) PEDESTRIAN: any person afoot;
(21) PERSON: every natural person, firm, copartnership, association or
corporation;
(22) POLICE OFFICER: every officer of the municipal police department or any
officer authorized to direct or regulate traffic or to make arrests for violations of
traffic regulations;
(23) PRIVATE ROAD or DRIVEWAY: every way or place in private ownership
and used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons;
(24) RAILROAD: a carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails;
(25) RAILROAD TRAIN: a steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars;
! 170
Updated 11.21.2017
(26) RESIDENCE DISTRICT: the territory contiguous to and including a
highway not comprising a business district when the property on such highway for
a distance of three hundred feet or more is in the main improved with residences or
residences and buildings in use for business;
(27) RIGHT OF WAY: 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;
(28) ROADWAY: that portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the event a
highway includes two or more separate roadways the term “roadway” as used
herein shall refer to any such roadway separately but not to all such roadways
collectively;
(29) SAFETY ZONE: the area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set apart as a
safety zone;
(30) SIDEWALK: that portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for use of pedestrians;
(31) STAND or STANDING: the halting of a vehicle, whether occupied or not,
otherwise than for the purpose of and while actually engaged in receiving or
discharging passengers;
(32) STOP: when required, complete cessation from movement;
(33) STOP or STOPPING: when prohibited, any halting even momentarily of a
vehicle, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer or traffic
control signs or signal;
(34) STREET or HIGHWAY: the entire width between the lines of every way
publicly maintained when any part thereof is open to the uses of the public for
purposes of vehicular travel. STATE HIGHWAY: a highway maintained by the
State of Missouri as a part of the state highway system;
(35) THROUGH HIGHWAY: every highway or portion thereof on which
vehicular traffic is given preferential right of way, and at the entrances to which
! 171
Updated 11.21.2017
vehicular traffic from intersecting highways is required by law to yield right of
way to vehicles on such through highway in obedience to either a stop sign or a
yield sign, when such signs are erected as provided in this ordinance;
(36) TRAFFIC: pedestrians, ridden or herded animals, vehicles, streetcars and
other conveyances either singly or together while using any highway for purposes
of travel;
(37) TRAFFIC CONTROL SIGNAL: any device, whether manually, electrically
or mechanically operated, by which traffic is alternately directed to stop and to
proceed;
(38) TRAFFIC DIVISION: the traffic division of the police department of the
city, or in the event a traffic division is not established, then said term whenever
used herein shall be deemed to refer to the police department of the city.
(39) VEHICLE: every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks.
Section 300.015 - - Records of Traffic Violations
1. The police department thereof shall keep a record of all violations of the
traffic ordinances of the city or of the state vehicle laws of which any person has
been charged, together with a record of the final disposition of all such alleged
offenses. Such record shall be so maintained as to show all types of violations and
the total of each. Said record shall accumulate during at least a five-year period
and from that time on the record shall be maintained complete for at least the most
recent five-year period.
2. All forms for records of violations and notices of violations shall be serially
numbered. For each month and year a written record shall be kept available to the
public showing the disposal of all such forms.
3. All such records and reports shall be public records.
Section 300.020 - - When Lights Required
No person shall drive, move, park or be in custody of any vehicle or combination of
vehicles on any street or highway during the times when lighted lamps are required
unless such vehicle or combination of vehicles displays lighted lamps and illuminating
devices as this chapter required. No person shall use on any vehicle any approved
! 172
Updated 11.21.2017
electric lamp or similar device unless the light source of such lamp or device complies
with the conditions of approval as to focus and rated candlepower.
Section 300.025 - - Headlamp on Motor Vehicles
Except as in this chapter provided, every motor vehicle other than a motor-drawn
vehicle and other than a motorcycle shall be equipped with at least two approved
headlamps mounted at the same level with at least one on each side of the front of the
vehicle. Every motorcycle shall be equipped with at least one and not more than two
approved headlamps. Every motorcycle equipped with a sidecar or other attachment
shall be equipped with a lamp on the outside limit of such attachment capable of
displaying a white light to the front.
Section 300.030 - - Headlamps-Permissible Substitutes, Speed Limit
Any motor vehicle need not be equipped with approved headlamps provided that
every such vehicle during the times when lighted lamps are required is equipped with two
lighted lamps on the front thereof displaying white or yellow lights without glare capable
of revealing persons and objects seventy-give feet ahead; provided, however, that no such
motor vehicle shall be operated at a speed in excess of twenty miles per hour during the
times when lighted lamps are required.
Section 300.035 - - Single-Beam Headlamps - Intensity, Adjustment
Approved single-beam headlamps shall be so aimed that when the vehicle is not
loaded none of the high-intensity portion of the light shall at a distance of twenty-give
feet ahead project higher than a level of five inches below the level of the center of the
lamp from which it comes, and in no case higher than forty-two inches above the level on
which the vehicle stands at a distance of seventy-five feet ahead. The intensity shall be
sufficient to reveal persons and vehicles at a distance of at least two hundred feet.
Section 300.040 - - Multiple-Beam Headlamps-Arrangement
Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the
auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles
or motor driven cycles shall be so arranged that the driver may select at will between
distributions of light projected to different elevations and such lamps may, in addition, be
so arranged that such selection can be made automatically, subject to the following
limitations:
! 173
Updated 11.21.2017
1. There shall be an uppermost distribution of light or composite beam, so
aimed and of such intensity as to reveal persons and vehicles at a distance of at
least three hundred and fifty feet ahead for all conditions of loading.
2. There shall be lowermost distribution of light, or composite beam so aimed
and of sufficient intensity to reveal persons and vehicles at a distance of at least
one hundred feet ahead; and on a straight level road under any condition of loading
none of the high-intensity portion of the beam shall be directed to strike the eyes
of an approaching driver.
Section 300.045 - - Dimming of Lights, When
Every person driving a motor vehicle equipped with multiple-beam rad lighting
equipment, during the times when lighted lamps are required, shall use a distribution of
light, or composite beam, directed high enough and of sufficient intensity to reveal
persons and vehicles at a safe distance in advance of the vehicle, subject to the following
requirements and limitations: Whenever the driver of a vehicle approaches an oncoming
vehicle within five hundred feet, or is within three hundred feet to the rear of another
vehicle traveling in the same direction, the driver shall use a distribution of light or
composite beam so aimed that the glaring rays are not projected into the eyes of the other
driver, and in no case shall the high-intensity portion which is project to the left of the
prolongation of the extreme left side of the vehicle be aimed higher than the center of the
lamp from which it comes at a distance of twenty-five feet ahead, and in no case higher
than a level of forty-two inches above the level upon which the vehicle stands at a
distance of seventy-five feet ahead.
Section 300.050 - - Tail lamps, Reflectors
1. Every motor vehicle and every motor-drawn vehicle shall be equipped with
at least two rear lamps, not less than fifteen inches or more than seventy-two
inches above the ground upon which the vehicle stands, which when lighted will
exhibit a red light plainly visible from a distance of five hundred feet to the rear.
Either such rear lamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration marker and render it clearly
legible from a distance of fifty feet to the rear. When the rear registration marker
is illuminated by an electric lamp other than the required rear lamps all such lamps
shall be turned on or off only by the same control switch at all times.
2. Every motorcycle registered in this state, when operated on a highway, shall
also carry at the rear, either as part of the rear lamp or separately, at least one
approved red reflector, which shall be of such size and characteristics and so
maintained as to be visible during the times when lighted lamps are required from
! 174
Updated 11.21.2017
all distances within three hundred feet to fifty feet from such vehicle when directly
in front of a motor vehicle displaying lawful undimmed headlamps.
3. Every new passenger car, new commercial motor vehicle, motordrawn
vehicle and omnibus with a capacity of more than six passengers registered in this
state after January 1, 1966, when operated on a highway, shall also carry at the rear
at least two approved red reflectors at least one at each side, so designed, mounted
on the vehicle and maintained as to be visible during the times when lighted lamps
are required from all distances within five hundred to fifty feet from such vehicle
when directly in front of a motor vehicle displaying lawful undimmed headlamps.
Every such reflector shall meet the requirements of this chapter and shall be
mounted upon the vehicle at a height not to exceed sixty inches nor less than
fifteen inches above the surface upon which the vehicle stands.
Section 300.055 - - Cowl, Fender, Running Board and Backup Lamps and Spot Lamps
Any motor vehicle may be equipped with not more than two side cowl or fender lamps
which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with
not more than one running board courtesy lamp on each side thereof which shall emit a white or
yellow light without glare. Any motor vehicle may be equipped with a backup lamp either
separately or in combination with another lamp; except that no such backup lamp shall be
continuously lighted when the motor vehicle is in forward motion.
Section 300.060 - - Colors of Various Lamps - Restrictions of Red Lamps
Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary
lamps, cowl lamps and spot lamps, when lighted, shall exhibit lights substantially white, yellow
or amber in color. No person shall drive or move any vehicle or equipment, except a school bus
when used for school purposes or an emergency vehicle upon any street or highway with any
lamp or device thereon displaying a red light visible from directly in front thereof.
Section 300.065 - - Limitations on Lamps Other Than Headlamps - Flashing Signals Prohibited
Except on Specified Vehicles
Any lighted lamp or illuminating device upon a motor vehicle other than head lamps,
spot lamps, front direction signals or auxiliary lamps which projects a beam of light of an
intensity, greater than three hundred candlepower shall be so directed that no part of the beam
will strike the level of the roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle. Alternately flashing warning signals may be used on school
buses when used for school purposes and on motor vehicles when used to transport United States
mail from post offices to boxes of addresses thereof and on emergency vehicles as defined in
! 175
Updated 11.21.2017
section 304.022 RSMo., but are prohibited on other motor vehicles, motorcycles and motor-
drawn vehicles except as a means for indicating a right or left turn.
Section 300.070 - - Limitation on Total of Lamps Lighted at One Time
At the times when lighted lamps are required, at least two lighted lamps shall be
displayed, one on each side of the front of every motor vehicle except a motorcycle and except a
motor-drawn vehicle except when such vehicle is parked subject to the provisions governing
lights on parked vehicles. Whenever a motor vehicle equipped with head lamps as in this chapter
required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front
thereof projecting a beam of an intensity greater than three hundred candlepower, not more than
a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when
upon a highway.
Section 300.075 - - Authority of Police and Fire Department Officials
1. It shall be the duty of the officers of the police department or such officers as are
assigned by the chief of police to enforce all street traffic laws of the city and all
of the state vehicle laws applicable to street traffic in the city.
2. Officers of the police department or such officers as are assigned by the chief of
police are hereby authorized to direct all traffic by voice, hand, or signal in
conformance with traffic laws; provided that, in the event of a fire or other
emergency or to expedite traffic or to safeguard pedestrians, officers of the police
department may direct traffic as conditions may require notwithstanding the
provisions of the traffic laws.
3. Officers of the fire department, when at the scene of a fire, may direct or assist the
police in directing traffic thereat or in the immediate vicinity.
Section 300.080 - - Obedience to Police and Fire Department Officials
No person shall willfully fail or refuse to comply with any lawful order or
direction of a police officer or fire department official.
Section 300.085 - - Persons Propelling Push Cars or Riding Animals to Obey Traffic
Regulations
Every person propelling any push cart or riding an animal upon a roadway, and
every person driving any animal-drawn vehicle, shall be subject to the provisions of this
ordinance applicable to the driver of any vehicle, except those provisions of this
ordinance which by their very nature can have no application.
! 176
Updated 11.21.2017
Section 300.090 - - Repealed
Section 300.095 - - Public Employees to Obey Traffic Regulations
The provisions of this ordinance shall apply to the driver of any vehicle owned by
or used in the service of the United States government, this state, county, or city, and it
shall be unlawful for any said driver to violate any of the provisions of this ordinance,
except as otherwise permitted in this ordinance.
Section 300.100 - - Authorized Emergency Vehicles
1. The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of the law
or when responding to but not upon returning from a fire alarm, may exercise the
privileges set forth in this section, but subject to the conditions herein stated.
2. The driver of an authorized emergency vehicle may:
A. Park or stand, irrespective of the provisions of this ordinance;
B. Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;
C. Exceed the maximum speed limits so long as he does not endanger
life or property.
D. Disregard regulations governing direction of movement or turning
in specified directions.
3. The exemptions herein granted to an authorized emergency vehicle shall
apply only when the driver of any said vehicle while in motion sounds audible
signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when
the vehicle is equipped with at least one lighted lamp displaying a red light visible
under normal atmospheric conditions from a distance of five hundred feet to the
front of such vehicle.
4. The foregoing provisions shall not relieve the driver of an authorized emergency
vehicle from the duty to drive with due regard for the safety of all persons, nor
shall such provisions protect the driver from the consequences of his reckless
disregard for the safety of others.
! 177
Updated 11.21.2017
Section 300.105 - - Operation of Vehicles on Approach of Authorized Emergency Vehicles
1. Upon the immediate approach of an authorized emergency vehicle making
use of audible and visual signals meeting the requirements of the laws of this
state, or of a police vehicle properly and lawfully making use of an audible signal
only:
A. The driver of every other vehicle shall yield the right of way and
shall immediately drive to a position parallel to, and as close as possible
to, the right-hand edge or curb of the roadway clear of any intersection and
shall stop and remain in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a police officer.
B. Upon the approach of an authorized emergency vehicle, as above
stated, the motorman of every streetcar shall immediately stop such car
clear of any intersection and keep it in such position until the authorized
emergency vehicle has passed, except when otherwise directed by a police
officer.
2. This section shall not operate to relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety of all
persons using the highway.
Section 300.110 - - Immediate Notice of Accident
The driver of a vehicle involved in an accident resulting in injury to or death of
any person or total damage to all property to an apparent extent of five hundred dollars or
more shall immediately by the quickest means of communication give notice of such
accident to the police department if such accident occurs within the city.
Section 300.115 - - Written Report of Accident
The driver of a vehicle which is in any manner involved in an accident resulting
in bodily injury to or death of any person or total damage to all property to an apparent
extent of five hundred dollars or more shall, within five days after such accident, forward
a written report of such accident to the police department. The provisions of this section
shall not be applicable when the accident has been investigated at the scene by a police
officer which such driver was present thereat.
Section 300.120 - - When Driver Unable to Report
! 178
Updated 11.21.2017
1. Whenever the driver of a vehicle is physically incapable of giving
immediate notice of an accident as required in section 300.110 and there was
another occupant in the vehicle at the time of the accident capable of doing so,
such occupant shall give or cause to be given, the notice not given by the driver.
2. Whenever the driver is physically incapable of making a written report of
an accident as required in Section 300.115 and such driver is not the owner of the
vehicle, then the owner of the vehicle involved in such accident shall within five
days after the accident make such report not made by the driver.
Section 300.125 - - Public Inspection of Reports Relating to Accidents
1. All written reports made by persons involved in accidents or by garages
shall be without prejudice to the individual so reporting and shall be for the
confidential use of the police department or other governmental agencies having
use for the records for accident prevention purposes, except that the police
department or other governmental agency may disclose the identity of a person
involved in an accident when such identity is not otherwise known or when such
person denies his presence at such accident.
2. No written reports forwarded under the provisions of this section shall be
used as evidence in any trial, civil or criminal, arising out of an accident except
that the police department shall furnish upon demand of any party to such trial, or
upon demand of any court, a certificate showing that a specified accident report
has or has not been made to the department in compliance with law, and, if such
report has been made, the date, time and location of the accident, the names and
addresses of the drivers, the owners of the vehicles involved, and the investigating
officers.
Section 300.130 - - Authority to Install Traffic Control Devices
The street commissioner shall place and maintain traffic control signs, signals,
and devices when and as required under the traffic ordinances of the city to make
effective the provisions of said ordinances.
Section 300.135 - - Manual and Specifications for Traffic Control Devices
All traffic control signs, signals and devices shall conform to the manual and
specifications approved by the state highway commission or resolution adopted by the
legislative body of the city. All signs or signals required hereunder for a particular
purpose shall so far as practicable be uniform as to type and location throughout the city.
! 179
Updated 11.21.2017
All traffic control devices so erected and not inconsistent with the provisions of this
ordinance shall be official traffic control devices.
Section 300.140 - - Obedience to Traffic Control Devices
The driver of any vehicle shall obey the instructions of any official traffic control
device applicable thereto placed in accordance with the provisions of this ordinance,
unless otherwise directed by a traffic or police officer, subject to the exceptions granted
the driver of an authorized emergency vehicle in this ordinance.
Section 300.145 - - When Official Traffic Control Devices Required for Enforcement Purposes
No provision of this ordinance for which official traffic control devices are
required shall be enforced against an alleged violator if at the time and place of the
alleged violation an official device is not in proper position and sufficiently legible to be
seen by an ordinarily observant person. Whenever a particular section does not state that
official traffic control devices are required, such section shall be effective even though no
devices are erected or in place.
Section 300.150 - - Official Traffic Control Devices - Presumption of Legality
1. Whenever official traffic control devices are placed in position
approximately conforming to the requirements of this ordinance, such devices
shall be presumed to have been so placed by the official act or direction of lawful
authority, unless the contrary shall be established by competent evidence.
2. Any official traffic control device placed pursuant to the provisions of this
ordinance and purporting to conform to the lawful requirements pertaining to such
devices shall be presumed to comply with the requirements of this ordinance,
unless the contrary shall be established by competent evidence.
Section 300.155 - - Traffic Control Signal Legend
Whenever traffic is controlled by traffic control signals exhibiting different
colored lights, or colored lighted arrows, successively one at a time or in combination,
only the colors green, red and yellow shall be used, except for special pedestrian signals
carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and
pedestrians as follows:
1. Green indication:
! 180
Updated 11.21.2017
A. Vehicular traffic facing a circular green signal may proceed straight
through or turn right or left unless a sign at such place prohibits either
such turn. But vehicular traffic, including vehicles turning right or left,
shall yield the right of way to other vehicles and to pedestrians lawfully
within the intersection or an adjacent cross walk at the time such signal is
exhibited;
B. Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow, or such other
movement as is permitted by other indications shown at the same time.
Such vehicular traffic shall yield the right of way to pedestrians lawfully
within an adjacent cross walk and to other traffic lawfully using the
intersection;
C. Unless otherwise directed by a pedestrian control signal as
provided in Section 300.160, pedestrians facing any green signal, except
when the sole green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked cross walk.
2. Steady yellow indication:
A. Vehicular traffic facing a steady yellow signal is thereby warned
that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when vehicular traffic
shall not enter the intersection.
B. Pedestrians facing a steady yellow signal, unless otherwise
directed by a pedestrian control signal as provided in Section 300.160, are
thereby advised that there is insufficient time to cross the roadway before
a red indication is shown and no pedestrian shall then start to cross the
roadway.
3. Steady red indication:
A. Vehicular traffic facing a steady red signal alone shall stop before
entering the cross walk on the near side of the intersection or, if none, then
before entering the intersection and shall remain standing until a green
indication is show;
B. Unless otherwise directed by a pedestrian control device as
provided in Section 300.160, pedestrians facing a steady red signal alone
shall not enter the roadway.
! 181
Updated 11.21.2017
4. In the event an official traffic control signal is erected and maintained at a
place other than an intersection, the provisions of this section shall be
applicable except as to those provisions which by their nature can have no
application. Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the absence of
any such sign or making the stop shall be made at the signal.
Section 300.160 - - Pedestrian Control Signals
Whenever special pedestrian control signals exhibiting the words “Walk” or
“Don’t Walk” are in place such signals shall indicate as follows:
1. “Walk”, pedestrians facing such signal may proceed across the roadway in
the direction of the signal and shall be given the right of way by the drivers of all
vehicles.
2. “Wait” or “don’t walk”, no pedestrian shall start to cross the roadway in
the direction of such signal, but any pedestrian who has partially completed his
crossing on the walk signal shall proceed to a sidewalk or safety zone while the
wait signal is showing.
Section 300.165 - - Flashing Signals
1. Whenever an illuminated flashing red or yellow signal is used in a traffic
sign or signal it shall require obedience by vehicular traffic as follows:
A. Flashing red (stop signal), when a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop before entering the
nearest cross walk at an intersection or at a limit line when marked, or if
none, then before entering the intersection, and the right to proceed shall
be subject to the rules applicable after making a stop at a stop sign;
B. Flashing yellow (caution signal), when a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
2. This section shall not apply at railroad grade crossings. Conduct of
drivers of vehicles approaching railroad grade crossings shall be governed by the
rules as set forth in section 300.295 of this ordinance.
Section 300.170 - - Display of Unauthorized Signs, Signals or Markings
! 182
Updated 11.21.2017
No person shall place, maintain or display upon or in view of any highway an
unauthorized sign, signal, making or device which purports to be or is an imitation of or
resembles an official traffic control device or railroad sign or signal, or which attempts to
direct the movement of traffic, or which hides from view or interferes with the
effectiveness of any official traffic control device or any railroad sign or signal.
Section 300.175 - - Interference with Official Traffic Control Devices or Railroad Signs or
Signals
No person shall, without lawful authority, attempt to or in fact alter, deface, injure,
knock down or remove any official traffic control device or any railroad sign or signal or
any inscription, shield or insignia thereon, or any other part thereof.
Section 300.180 - - Traffic Lanes
1. The street commissioner is hereby authorized to mark traffic lanes upon
the roadway of any street or highway where a regular alignment of traffic is
necessary.
2. Where such traffic lanes have been marked, it shall be unlawful for the
operator of any vehicle to fail or refuse to keep such vehicle to fail or refuse to
keep such vehicle within the boundaries of any such lane except when lawfully
passing another vehicle or preparatory to making a lawful turning movement.
Section 300.185 - - State Speed Laws Applicable
The state traffic laws regulating the speed of vehicles shall be applicable upon all
streets within the city, except that the city may by ordinance declare and determine upon
the basis of engineering and traffic investigation that certain speed regulations shall be
applicable upon specified streets or in certain areas, in which event it shall be unlawful
for any person to drive a vehicle at a speed in excess of any speed so declared when signs
are in place giving notice thereof.
Section 300.190 - - Speed Limit
The speed limit for all motor vehicles on the streets and alleys of the City of
Lakeshire shall be 25 miles per hour except for such lower speed limits as specifically
prescribed in Schedule IV of this Chapter.
Section 300.195 - - Required Position and Method of Turning at Intersection
! 183
Updated 11.21.2017
The driver of a vehicle intending to turn at an intersection shall do so as follows:
1. Right turns: Both the approach for a right turn and a right turn shall be
made as close as practicable to the right hand curb or edge of the roadway.
2. Left turns on two-way roadways: At any intersection where traffic is
permitted to move in both directions on each roadway entering the intersection, an
approach for a left turn shall be made in that portion of the right half of the
roadway nearest the center line thereof and by passing to the right of such center
line where it enters the intersection and after entering the intersection the left turn
shall be made so as to leave the intersection to the right of the center line of the
roadway being entered. Whenever practicable the left turn shall be made in that
portion of the intersection to the left of the center of the intersection.
3. Left turns on other than two-road roadways: At any intersection where
traffic is restricted to one direction on one or more of the roadways, the driver of a
vehicle intending to turn left at any such intersection shall approach the
intersection in the extreme left-hand lane lawfully available to traffic moving in
the direction of travel of such vehicle and after entering the intersection the left
turn shall be made so as to leave the intersection, as nearly as practicable, in the
left-hand lane lawfully available to traffic moving in such direction upon the
roadway being entered.
Section 300.200 - - Authority to Place and Obedience to Turning Markers
1. The street commissioner is authorized to place markers, buttons, or signs,
within or adjacent to intersections indicating the course to be traveled by vehicles
turning at such intersection, and such course to be traveled as so indicated may
conform to or be other than as prescribed by law or ordinance.
2. When authorized markers, buttons, or other indications are placed within
an intersection indicating the course to be traveled by vehicles turning thereat, no
driver of a vehicle shall disobey the directions of such indications.
Section 300.205 - - Obedience to No-Turn Signs
Whenever authorized signs are erected indicating that no right or left or U-turn is
permitted, no driver of a vehicle shall disobey the directions of any such sign.
Section 300.210 - - Limitations on Turning Around
! 184
Updated 11.21.2017
The driver of any vehicle shall not turn such vehicle so as to proceed in the
opposite direction upon any street in a business district and shall not upon any other
street so turn a vehicle unless such movement can be made in safety and without
interference with other traffic.
Section 300.215 - - Authority to Sign One-Way Streets and Alleys
Whenever any ordinance of the city designates any one-way street or alley the
street commissioner shall place and maintain signs giving notice thereof, and no such
regulation shall be effective unless such signs are in place. Signs indicating the direction
of lawful traffic movement shall be placed at every intersection where movement of
traffic in the opposite direction is prohibited.
Section 300.220 - - One-Way Streets and Alleys
Upon those streets and parts of streets and in those alleys described and
designated by ordinance, vehicular traffic shall move only in the indicated direction when
signs indicating the direction of traffic are erected and maintained at every intersection
where movement in the opposite direction is prohibited.
Section 300.225 - - Stop and Yield Signs - Installation and Maintenance
The street commissioner shall have full authority to install and maintain stop and
yield signs at such intersections as designated in Schedule I of this Chapter.
Section 300.230 - - Stop and Yield Signs
1. The driver of a vehicle approaching a yield sign if required for safety to
stop shall stop before entering the cross walk on the near side of the intersection
or, in the event there is no cross walk, at a clearly marked stop line, but if none,
then at the point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersection roadway.
2. Except when directed to proceed by a police officer or traffic control
signal, every driver of a vehicle approaching a stop intersection indicated by a
stop sign shall stop before entering the cross walk on the near side of the
intersection or, in the event there is no cross walk, shall stop at a clearly marked
stop line, but if none, then at the point nearest the intersecting roadway where the
driver has a view of approaching traffic of the intersecting roadway before
entering the intersection.
Section 300.235 - - Vehicle Entering Stop Intersection
! 185
Updated 11.21.2017
Except when directed to proceed by a police officer or traffic control signal, every
driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as
required by subsection 2 of Section 300.230, and after having stopped shall yield the right
of way to any vehicle which has entered the intersection from another highway or which
is approaching so closely on said highway as to constitute an immediate hazard during
the time when such driver is moving across or within the intersection.
Section 300.240 - - Vehicle Entering Yield Intersection
The driver of a vehicle approaching a yield sign shall in obedience to such sign
slow down to a speed reasonable for the existing conditions and shall yield the right of
way to any vehicle in the intersection or approaching on another highway so closely as to
constitute an immediate hazard during the time such driver is moving across or within the
intersection; provided, however, that if such a driver is involved in a collision with a
vehicle in the intersection, after driving past a yield sign without stopping, such collision
shall be deemed prima facie evidence of his failure to yield right of way.
Section 300.245 - - Emerging from Alley, Driveway or Building
The driver of a vehicle within a business or residence district emerging from an
alley, driveway or building shall stop such vehicle immediately prior to driving onto a
sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall
yield the right of way to any pedestrian as may be necessary to avoid collision, and upon
entering the roadway shall yield the right of way to all vehicles approaching on said
roadway.
Section 300.250 - - Stop When Traffic Obstructed
No driver shall enter an intersection or a marked cross walk unless there is
sufficient space on the other side of the intersection or cross walk to accommodate the
vehicle he is operating without obstructing the passage of other vehicles or pedestrians,
notwithstanding any traffic control signal indication to proceed.
Section 300.255 - - Obedience to Signal Indicating Approach of Train
1. Whenever any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section, the driver of such
vehicle shall stop within fifty feet but not less than fifteen feet from the nearest
rail of such railroad, and shall not proceed until he can do so safely. The
foregoing requirements shall apply when:
! 186
Updated 11.21.2017
A. A clearly visible electric or mechanical signal device gives
warning of the immediate approach of a railroad train;
B. A crossing gate is lowered or when a human flagman gives or
continues to give a signal of the approach or passage of a railroad train;
C. An approaching railroad train is plainly visible and is in hazardous
proximity to such crossing.
2. No person shall drive any vehicle through, around or under any crossing
gate or barrier at a railroad crossing while such gate or barrier is closed or is being
opened or closed.
Section 300.260 - - Following Fire Apparatus Prohibited
The driver of any vehicle other than one on official business shall not follow any
fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive
into or park such vehicle within the block where fire apparatus has stopped in answer to a
fire alarm.
Section 300.265 - - Crossing Fire Hose
No vehicle shall be driven over any unprotected hose of a fire department when
laid down on any street, private driveway or streetcar track, to be used at any fire or
alarm of fire, without the consent of the fire department official in command.
Section 300.270 - - Driving Through Funeral or Other Procession
No driver of a vehicle shall drive between the vehicles comprising a funeral or
other authorized procession while they are in motion and when such vehicles are
conspicuously designated as required in this ordinance. This provision shall not apply at
intersections where traffic is controlled by traffic control signals or police officers.
Section 300.275 - - Driving in Procession
Each driver in a funeral or other procession shall drive as near to the right hand
edge of the roadway as practicable and shall follow the vehicle ahead as close as is
practicable and safe.
Section 300.280 - - -When Permits Required for Parades and Processions
! 187
Updated 11.21.2017
No funeral, procession or parade containing fifty or more persons or ten or more
vehicles except the forces of the United States army or navy, the military forces of this
state and the forces of the police and fire departments, shall occupy, march of proceed
along any street except in accordance with a permit issued by the chief of police and such
other regulations as are set forth herein which may apply.
Section 300.295 - - Vehicles Shall Not Be Driven on a Sidewalk
The driver of a vehicle shall not drive within any sidewalk area except as a
permanent or temporary driveway.
Section 300.300 - - Limitations on Backing
The driver of a vehicle shall not back the same unless such movement can be
made with reasonable safety without interfering with other traffic.
Section 300.305 - - Opening and Closing Vehicle Doors
No person shall open the door of a motor vehicle on the side available to moving
traffic unless and until it is reasonably safe to do so, nor shall any person leave a door
open on the side of a motor vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
Section 300.310 - - Riding on Motorcycles
A person operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any other person nor shall any
other person ride on a motorcycle unless such motorcycle is designed to carry more than
one person, in which event a passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat firmly attached to the rear or side of the
operator.
Section 300.315 - - Riding Bicycle on Sidewalks
Whenever any person is riding a bicycle upon a sidewalk, such person shall yield
the right of way to any pedestrian and shall give audible signal before overtaking and
passing such pedestrian.
Section 300.320 - - Clinging to Vehicle
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall
attach the same or himself to any vehicle upon a roadway.
! 188
Updated 11.21.2017
Section 300.321 - - Bicycle Helmet Required
1. Every person under the age of seventeen (17) years of age, operating or
being a passenger on a bicycle, or using in-line skates, roller skates or a
skateboard on a public roadway, public bicycle path or other public rights-of-way,
shall wear a bicycle helmet of good fit, fastened securely upon the head with the
straps of the helmet.
2. No person operating a bicycle on a public roadway, public bicycle path or
other public rights-of-way shall allow anyone under the age of seventeen (17)
years of age to ride as a passenger unless the passenger is wearing a bicycle
helmet or else is in an enclosed trailer or other device which meets or exceeds
current nationally recognized standards of design and manufacture for the
protection of the passenger’s head from impacts in an accident without the need
for a helmet.
3. No parent, custodian or legal guardian of a person under the age of
seventeen (17) years of age shall knowingly permit said person to opoerator or be
a passenger on a bicycle, or to use in-line skates, roller skates and skateboards
without wearing a bicycle helmet as defined in this chapter.
4. No person operating a bicycle on a public roadway, public bicycle path or
other public right-of-way shall allow anyone who is either four (4) years old or
younger, weighing forty (40) pounds or less, to ride as a passenger on the bicycle;
other than in a seat, which shall adequately retain the passenger in place, and
protect the passenger from the bicycle’s moving parts.
5. Any operator or passenger found to be in violation of this section may be
issued an equipment violation notice as prescribed on a Missouri Uniform
Complaint and Summons, the person responsible for payment of the violation
may have the violation dismissed, if the person submits a receipt for a proof of
purchase of a bicycle helmet along with the helmet, to the Lakeshire Police
Department within five (5) calendar days of the date of the violation notice.
6. Fines assessed to juvenile violators (under the age of seventeen (17) years
of age) will be the legal responsibility of the violator’s parent, custodian or legal
guardian; and therefore any summons issued as a result of a violation committed
by such a juvenile, shall be issued to said violator’s parent, custodian or legal
guardian.
! 189
Updated 11.21.2017
7. This section shall not apply to bicycles, in-line skates, roller skates or
skateboards operated on private property.
Section 300.325 - - Pedestrians Subject to Traffic Control Devices
Pedestrians shall be subject to traffic control signals as heretofore declared in
Sections 300.155 and 300.160 of this ordinance, but at all other places pedestrians shall be
granted those rights and be subject to the restrictions stated in Sections 300.325 to 300.355.
Section 300.330 - - Pedestrians’ Right of Way in Cross Walks
1. When traffic control signals are not in place or not in operation the driver
of a vehicle shall yield the right of way, slowing down or stopping if need be to so
yield, to a pedestrian crossing the roadway within a cross walk when the
pedestrian is upon the half of the roadway upon which the vehicle is traveling, or
when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger.
2. No pedestrian shall suddenly leave a curb or other place of safety and
walk or run into the path of a vehicle which is so close that it is impossible for the
driver to yield.
3. Subsection 1 shall not apply under the conditions stated in subsection 2 of
Section 300.340.
4. Whenever any vehicle is stopped at a marked cross walk or at any
unmarked cross walk at an intersection to permit a pedestrian to cross the
roadway, the driver of any other vehicle approaching from the rear shall not
overtake and pass such stopped vehicle.
Section 300.335 - - Crossing at Right Angles
No pedestrian shall cross a roadway at any place other than by a route at right
angles to the curb or by the shortest route to the opposite curb except in a cross walk.
Section 300.340 - - When Pedestrian Shall Yield
1. Every pedestrian crossing a roadway at any point other than within a
marked cross walk or within an unmarked cross walk at an intersection shall yield
the right of way to all vehicles upon the roadway.
! 190
Updated 11.21.2017
2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or
overhead pedestrian crossing has been provided shall yield the right of way to all
vehicles upon the roadway.
3. The foregoing rules in this section have no application under the
conditions stated in Section 300.345 when pedestrians are prohibited from
crossing at certain designated places.
Section 300.345 - - Prohibited Crossing
1. Between adjacent intersections at which traffic control signals are in
operation, pedestrians shall not cross at any place except in a cross walk.
2. No pedestrian shall cross a roadway other than in a cross walk in any
business district.
3. No pedestrian shall cross a roadway other than in a cross walk upon any
street designated by ordinance.
4. No pedestrian shall cross a roadway intersection diagonally unless
authorized by official traffic control devices; and, when authorized to cross
diagonally, pedestrians shall cross only in accordance with the official traffic
control devices pertaining to such crossing movements.
Section 300.350 - - Pedestrians Walking Along Roadways
1. Where sidewalks are provided it shall be unlawful for any pedestrian to
walk along and upon an adjacent roadway.
2. Where sidewalks are not provided any pedestrian walking along and upon
a highway shall when practicable walk only on the left side of the roadway or its
shoulder facing traffic which may approach from the opposite direction.
Section 300.355 - - Drivers to Exercise Highest Degree of Care
Notwithstanding the foregoing provisions of Sections 300.155 to 300.355, every
driver of a vehicle shall exercise the highest degree of care to avoid colliding with any
pedestrian upon any roadway and shall give warning by sounding the horn when
necessary and shall exercise proper precaution upon observing any child or any confused
or incapacitated person upon a roadway.
Section 300.360 - - Standing or Parking Close to Curb
! 191
Updated 11.21.2017
Except as otherwise provided in Sections 300.360 to 300.365 every vehicle
stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or
parked with the right-hand wheels of such vehicle parallel to and within eighteen inches
of the right-hand curb.
Section 300.365 - - Permits for Loading or Unloading at an Angle to the Curb
1. The Chief of Police is authorized to issue special permits to permit the
backing of a vehicle to the curb for the purpose of loading or unloading
merchandise or materials subject to the terms and conditions of such permit. Such
permits may be issued either to the owner or lessee of real property or to the
owner of the vehicle and shall grant to such person the privilege as therein stated
and authorized herein.
2. It shall be unlawful for any permittee or other person to violate any of the
special terms or conditions of any such permit.
Section 300.370 - - Stopping, Standing or Parking Prohibited
1. Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official traffic control
device, no person shall:
A. Stop, stand or park a vehicle:
(a) On the roadway side of any vehicle stopped or parked at
the edge of a curb of a street;
(b) On the sidewalk;
(c) Within an intersection;
(d) On a cross walk;
(e) Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite the ends of a
safety zone, unless the (traffic authority) indicates a different
length by signs or markings;
(f) Alongside or opposite any street excavation or obstruction
when stopping, standing, or parking would obstruct traffic;
! 192
Updated 11.21.2017
(g) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(h) On any railroad tracks;
(i) At any place where official signs prohibit stopping.
B. Stand or park a vehicle, whether occupied or not, except
momentarily to pick up or discharge a passenger or passengers:
(a) In front of a public or private driveway;
(b) Within fifteen feet of a fire hydrant;
(c) Within twenty feet of a cross walk at an intersection;
(d) Within thirty feet upon the approach to any flashing signal,
stop sign, or traffic control signal located at the side of a roadway;
(e) Within twenty feet of the driveway entrance to any fire
station and on the side of a street opposite to the entrance of any
fire station within seventy-five feet of said entrance (when
properly signposted);
(f) At any place where official signs prohibit standing.
C. Park a vehicle, whether occupied or not, except temporarily for the
purpose of and while actually engaged in loading or unloading
merchandise or passengers:
(a) Within fifty feet of the nearest rail of a railroad crossing;
(b) At any place where official signs prohibit parking.
Section 300.375 - - Parking not to Obstruct Traffic
No person shall park any vehicle upon a street, other than an alley, in such a
manner or under such conditions as to leave available less than ten feet of the width of
the roadway for free movement of vehicular traffic.
! 193
Updated 11.21.2017
Section 300.380 - - Parking in Alleys
No person shall park a vehicle within an alley in such a manner or under such
conditions as to leave available less than ten feet of the width of the roadway for the free
movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an
alley in such position as to block the driveway entrance to any abutting property.
Section 300.385 - - Parking for Certain Purposes Prohibited
No person shall park a vehicle upon any roadway for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Repair such vehicle except repairs necessitated by an emergency.
Section 300.390 - - Stopping, Standing or Parking Restricted or Prohibited on Certain Streets
The provisions of this ordinance prohibiting the standing or parking of a vehicle
shall apply at all times or at those times herein specified or as indicated on official signs
except when it is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control device.
Section 300.395 - - Regulations not Exclusive
The provisions of this ordinance imposing a time limit on parking shall not relieve
any person from the duty to observe other and more restrictive provisions prohibiting or
limiting the stopping, standing, or parking of vehicles in specified places or at specified
times.
Section 300.400 - - Parking Prohibited at All Times on Certain Streets
When signs are erected giving notice thereof, no person shall park a vehicle at any
time upon any of the streets described in Scheduled II of this Chapter.
Section 300.405 - - Parking Prohibited During Certain Hours on Certain Streets
When signs are erected in each block giving notice thereof, no person shall park a
vehicle between the hours specified by ordinance of any day except Sunday and public
holidays within the districts or upon any of the streets described in Schedule II of this
Chapter.
Section 300.410 - - Parking Signs Required
! 194
Updated 11.21.2017
Whenever by this ordinance or any ordinance of the city any parking time limit is
imposed or parking is prohibited on designated streets it shall be the duty of the street
commissioner to erect appropriate signs giving notice thereof and no such regulations
shall be effective unless said signs are erected and in place at the time of any alleged
offense.
Section 300.415 - - Commercial Vehicles Prohibited from Using Certain Streets
In cases where an equally direct and convenient alternate route is provided, an
ordinance may describe and signs may be erected giving notice thereof, that no persons
shall operate any commercial vehicle upon streets or parks of streets so described except
those commercial vehicles making deliveries thereon.
Section 300.420 - - Parking on Unpaved Streets
1. Definitions: The term “vehicle” shall include automobiles, motorcycles,
trucks, boats, all types of trailers and any other motorized or non-motorized
means of conveying persons or property.
2. No vehicle shall be parked or stopped on any unpaved surface which is
private or public property except on a parking area or drive having a durable
surface designed for parking or stopping of vehicles except as hereinafter
provided in the case of hardship. Durable surface shall be defined as a hard paved
surface such as concrete, asphalt, brick, large paving stones or a minimum of 4
inches of compacted granular rock, known as waterbound macadam. Durable
surface shall not include concrete blocks, bricks or patio blocks; nor shall it
include the use of any other materials when used to create a small block of
pavement only for the wheels of a vehicle to be parked upon. Durable surface
shall not include concrete blocks, bricks or patio blocks; nor shall it include the
use of any other materials when used to create a small block of pavement only for
the wheels of a vehicle to be parked upon.
3. In cases of emergency or hardship on the owner or occupant of private
property, said owner or occupant may make written application to the police chief
for a permit that it be granted because of an emergency situation or to prevent a
hardship. The plice chief shall issue said permit for a period of not longer than
three (3) days, and upon such terms and conditions as may be proper under the
circumstances stating a specific variance or exemption because of such
emergency or hardship.
! 195
Updated 11.21.2017
4. If any vehicle is found to be in violation of any provision of this Section
regulating the stopping, standing or parking of vehicles and the identity of the
operator cannot be determine, the owner, or person in whose name such vehicle is
registered shall be prima facia responsible for such violation.
Section 300.425 - - Operator and Chauffeurs License
1. It shall be unlawful for any person to drive as a chauffeur any vehicle
upon the streets, highways or alleys within the City of Lakeshire unless such
person has in his or her possession a valid license as a chauffeur under the
provisions of the Revised Statutes of the State of Missouri.
2. It shall be unlawful for any person to drive any motor vehicle upon the
streets, highways or alleys within the City of Lakeshire unless such person has in
his or her possession a valid license as an operator under the provisions of the
Revised Statutes of the State of Missouri, except that any person holding a valid
chauffeur’s license shall not be required to have an operator’s license.
3. Any person holding a valid operator’s license shall not be required to have
a chauffeur’s license for the operation for official use of any motor vehicle owned
by the United States, the State of Missouri, or by an municipality or political
subdivision of this State, except that any person operating a school bus shall be
required to procure a chauffeur’s license.
4. It shall be unlawful for any person under the age of sixteen years to
operate a motor vehicle on the streets, highways, or alleys within the City of
Lakeshire.
5. It shall be unlawful for the owner of any motor vehicle to permit any
person under the age of sixteen years to operate such motor vehicle on the streets,
highways or alleys within the City of Lakeshire.
6. It shall be unlawful for any person to operate or park a motor vehicle on
the streets, highways or alleys within the City of Lakeshire unless there are two
state registration number plates for the current year thereon, one in the front and
one in back, and said plates must be entirely unobscured and unobstructed, so
fastened as not to swing, and all parks thereof plainly visible and reasonably
clean.
7. A street, highway or alley as used in this section shall mean every way or
place open for vehicular travel by the public, regardless of its legal status and
! 196
Updated 11.21.2017
regardless of whether it has been legally established by constituted authority or by
user for the statutory period of time as a public highway.
8. It shall be unlawful for any person to operate any motor vehicle upon the
streets, highways or alleys within the City of Lakeshire, if such person’s driver or
chauffeur license is presently under revocation or suspension by the State of
Missouri or any other state, and the person is not operating the vehicle in
compliance with the terms and provisions of a valid limited driving privileges
order issued by a court of competent jurisdiction in the State of Missouri. In the
event a person alleges he has an order for limited driving privileges, he must
present said order as a defense to the charge of driving while suspended or
revoked, and he shall have the burden of proof to establish that he operated the
vehicle in compliance with the specific terms of said order.
Section 300.430 - - Motorcycle Operation
1. As used in this section the following terms mean:
A. Director, the State of Missouri collector of revenue acting directly
or through his authorized officers and agents;
B. Motorcycle, a motor vehicle operated on two wheels.
2. It shall be unlawful for any person, except those expressly exempted by
Missouri statute, to:
A. Operate a motorcycle or other self-propelled two or three wheeled
vehicle within the City of Lakeshire unless such person has a valid
operator’s or chauffeur’s license issued by the State of Missouri which
shows that he has successfully passed an examination for the operation of
a motorcycle as prescribed by the director;
B. Authorize or knowingly permit a motorcycle or other two or three
wheeled self-propelled vehicle owned by him or under his control to be
driven within the City of Lakeshire by any person whose operator’s or
chauffeur’s license does not indicate that the person has passed the
examination for the operation of a motorcycle or has been issued an
instruction permit therefore.
3. Every person operating or riding as a passenger on any motorcycle within
the City of Lakeshire shall wear protective headgear at all times the vehicle is in
! 197
Updated 11.21.2017
motion. The protective headgear shall meet reasonable standards and
specifications established by the director.
Section 300.435 - - Corrective Lenses
No person or individual who has been issued a conditional operator’s or
chauffeur’s license under the provisions of Revised Statutes of Missouri shall drive or
operator a motor vehicle within the limits of the City of Lakeshire, without wearing at all
times the corrective lenses specified as noted on the license. Any such person shall
otherwise operate the motor vehicle only in accordance with the restrictions,
specifications, and conditions of said license.
Section 300.440 - - Dislodgeable Goods
All motor vehicles, and every trailer and semi-trailer operating upon the public
and de facto public highways, streets, and ways of the City of Lakeshire, and carrying
goods or materials or farm products which may reasonably be expected to become
dislodged and fall from the vehicle, trailer or semi-trailer as a result of wind pressure or
air pressure and/or by the movement of the vehicle, trailer or semi-trailer shall be a
protective cover or be sufficiently secured so that no portion of such goods or material
can be dislodged and fall from the vehicle, trailer or semi-trailer while being transported
or carried.
Section 300.450 - - Loud Mufflers
No person shall operate a vehicle with an open exhaust, or cause said vehicle to make any
unnecessary noises.
Section 300.455 - - Following Too Closely
The operator of a motor vehicle shall not follow another vehicle more closely than
is reasonable and safe, having due regard to the speed of such vehicle and his ability to
stop if necessary and the traffic upon and condition of the roadway.
Section 300.460 - - Slow Speed
It shall be unlawful for any person unnecessarily to drive at such a slow speed or
in such position on the roadway so as to impede or block the normal and reasonable
movement of traffic except when reduced speed is necessary for safe operation, or,
because upon a grade, or, when the vehicle is a truck, or, truck and trailer, in compliance
with laws proceeding at reduced speed.
! 198
Updated 11.21.2017
Section 300.465 - - Careful and Prudent Operation
Every person operating a motor vehicle on the streets of the City shall operate or
drive the same in a careful and prudent manner and in the exercise of the highest degree
of care, and at a rate of speed so as not to endanger the property of another or the life or
limb of any person, taking into consideration the time of day, the amount of vehicular and
pedestrian traffic, the condition of the street or highway, the atmospheric conditions and
location with reference to intersecting streets or highways, curves and residences.
Section 300.470 - - Overtaking and Passing School Bus
The driver of a vehicle upon any streets within the City of Lakeshire on meeting
or overtaking from either direction any school bus which has stopped for the purpose of
receiving or discharging any school children and whose driver has in the manner
prescribed by law given the signal to stop, shall stop the vehicle before reaching such
school bus and shall not proceed until the school bus resumes motion, or until signaled by
its driver to proceed.
Every bus for the transportation of school children shall bear upon the front and
rear thereof plainly visible signs containing the words “SCHOOL BUS” in letters not less
than eight inches in height. Each bus shall have lettered on the rear in plain and distinct
type the following: STATE LAW: STOP WHILE BUS IS LOADING AND
UNLOADING. Each school bus subject to the provisions of this Section shall be
equipped with a mechanical or electrical signaling device, which will display a signal
plainly visible from the front and rear, and indicating intention to stop.
Section 300.480 - - Motor Carriers Limited
All persons, firms and corporations engaged in business either as common or
contract motor carriers of passengers or freight are hereby prohibited from routing over
or permitting their buses, trucks, tractors, trailers, tractor-trailers, or other motorized
rolling equipment to use on the streets in the City of Lakeshire, Missouri, except for the
purpose of picking up or delivering school children or shipments of freight or
merchandise in the City.
Section 300.485 - - Child Passenger Restraint System Required
1. As used in this section, the following terms shall mean:
A. Child booster seat: A seating system which meets the Federal
Motor Vehicle Safety Standards as set forth in 49 CFR 571.213, as
amended, that is designed to elevate a child to properly sit in a
federally approved safety belt system;
! 199
Updated 11.21.2017
B. Child passenger restraint system: a seating system which meets the
Federal Motor Vehicle Safety Standards set forth in 49 CFR
571.213, as amended, and which is either permanently affixed to a
motor vehicle or is affixed to such vehicle by a safety belt or a
universal attachment system.
C. Driver: a person who is in actual physical control of a motor
vehicle.
2. Every Driver transporting a child under the age of sixteen years shall be
responsible, when transporting such child in a motor vehicle operated by that
driver on the streets or highways of this state, for providing the protection of such
child as follows:
A. Children less than four years of age, regardless of weight, shall be
secured in a child passenger restraint system appropriate for that
child;
B. Children weighing less than forty pounds, regardless of age, shall
be secured in a child passenger restraint system appropriate for that
child;
C. Children at least four years of age but less than eight years of age,
who also weigh at least forty pounds but less than eighty pounds,
and who are also less than four feet, nine inches tall, shall be
secured in a child passenger restraint system or booster seat
appropriate for that child;
D. Children at least eighty pounds or children more than four feet,
nine inches in height shall be secured by a vehicle safety belt or
booster seat appropriate for that child.
E. A child who otherwise would be required to be secured in a booster
seat may be transported in the back seat of a motor vehicle while
wearing only a lap belt if the back seat of the motor vehicle is not
equipped with a combination lap and shoulder belt for booster seat
installation.
F. When transporting children in the immediate family when there are
more children than there are seating positions in the enclosed area
of a motor vehicle, the children who are not able to be restrained
by a child safety restraint device appropriate for the child shall sit
in the area behind the front seat of the motor vehicle unless the
motor vehicle is designed only for a front seat area. The driver
transporting children referred to in this subsection is not in
violation of this section. This subsection shall only apply to the
use of a child passenger restraint system or vehicle safety belt for
children less than sixteen years of age being transported in a motor
vehicle.
! 200
Updated 11.21.2017
3. Any person who violates this section is guilty of an infraction and upon
conviction may be punished by a fine of not more than fifty dollars plus court
costs. If a Driver receives a citation for violating this section, the charges shall be
dismissed if the Driver provides evidence of acquisition of a child passenger
restraint system or child booster seat that is satisfactory to the court prior to the
hearing.
4. The provisions of this section shall not apply to any public carrier for hire.
Section 300.490 - - Continuous Parking Limitation
No motor vehicle, boat, trailer, motorcycle or any other type of vehicle shall be
parked or stopped in one location on any public street within the City in excess of 72
consecutive hours. Each 24-hour period beyond the initial limitation period shall
constitute a separate offense.
Section 300.495 - - Parking Limited on City Hall Lot
No person shall park a motor vehicle on the parking areas located on City
property at 10000 Puttington Drive between the hours of 9:00 AM and 5:00 PM on
weekdays are not national holidays, except for the purpose of delivering mail within the
City, transacting business with the City, or being in City Hall for any duly authorized
reason.
Section 300.500 - - Seat Belts Required
1. As used in this section, the term “passenger car” means every motor
vehicle designed for carrying ten persons or less and used for the transportation of
persons; except that, the term “passenger car” shall not include motorcycles,
motorized bicycles, motor tricycles and trucks.
2. Each driver, except persons employed by the United States Postal Service
while performing duties for that federal agency which require the operator to
service postal boxes from their vehicles, or which require frequent entry into and
exit from their vehicles, and front seat passenger of a passenger car manufactured
after January 1, 1968, operated on a street or alley in the City of Lakeshire shall
wear a properly adjusted and fastened safety belt that meets federal national
highway, transportation and safety act requirements; except that, a child less than
four years of age shall be protected as required in Section 210.104, RSMo. Each
driver of a motor vehicle transporting a child four years of age or more, but less
than sixteen years of age, in the front seat of the motor vehicle shall secure the
child in a properly adjusted and fastened safety belt. No person shall be stopped,
inspected, or detained solely to determine compliance with this section. The
! 201
Updated 11.21.2017
provisions of this section shall not be applicable to persons who have a medical
reason for failing to have a seat belt fastened about his or her body.
3. In any action to recover damages arising out of the ownership, common
maintenance or operation of a motor vehicle, failure to wear a safety belt in
violation of this section shall not be considered evidence of comparative
negligence.
4. Each person who violates the provisions of subsection B of this section
after July 1, 1987, shall be guilty of an infraction for which a fine not to exceed
ten dollars may be imposed. All other provisions of law and court rules to the
contrary notwithstanding, no court costs may be imposed if court costs have been
assessed on any other charge arising out of the same occurrence.
Section 300.505 - - Truck, Bus and Recreational Vehicle Parking Limitations
1. The parking of all vehicles having a manufacturer’s rated capacity in
excess of one ton and all vehicles licensed as buses or recreational vehicles on the
streets of the City of Lakeshire between the hours of 11:00 p.m. and 6:00 a.m. is
hereby prohibited.
2. The parking of all trucks or vans, which have commercial equipment such
as ladders or tools in or on the truck bed or attached to the outside of the vehicle,
is hereby prohibited on the streets of the City of Lakeshire between the hours of
11:00 p.m. and 6:00 a.m.
3. Special hardship exemptions for a 48-hour period may be granted from
this section by the Chief of Police if the Chief determines that just cause exists for
said exemptions.
Section 300.510 - - Handicapped Parking
1. The City may designate parking spaces for the exclusive use of vehicles
which display a physically disabled distinguishing license plate or card issued
pursuant to state law.
2. Owners of private property used for public parking shall designate parking
spaces for the exclusive use of vehicles which display a physically disabled
distinguishing license plate or card issued pursuant to state law.
3. Designated spaces shall meet the requirements of the Federal Americans
with Disabilities Act, as amended, and any rules or regulations established
! 202
Updated 11.21.2017
pursuant thereto, and shall be indicated by a sign upon which shall be inscribed
the following information: the international symbol of accessibility, and
appropriate wording to indicate that the space is reserved for the exclusive use of
vehicles which display a physically disabled distinguishing license plate or card,
and “fifty dollars ($50.00) to three hundred dollars ($300.00) fine.” Except that
the information relating to the monetary fine may be contained in an additional
sign posted below or adjacent to the sign containing the other required
information; and that nonconforming signs or spaces which are in use prior to the
effective date of this section, as enacted by this ordinance, shall not be in violation
of this section during the useful life of such sign or space. However, under no
circumstances shall the useful life of the nonconforming sign or space be
extended by means other than those means used to maintain any sign or space on
the owner’s property which is not used for vehicles displaying a disabled license
plate.
4. It shall be unlawful for any person to park a vehicle which is not
displaying a physically disabled distinguishing license plate or card in any space
reserved for physically disabled persons.
5. It shall be unlawful for any person who, without authorization, uses a
physically disabled distinguishing license late or card to park in a parking space
reserved under authority of this section.
6. The police department may cause the removal of any vehicle not
displaying a physically disabled distinguishing license plate or card or a “disabled
veteran” license plate if there is posted immediately adjacent to, and readily
visible from, such space a sign on which is inscribed the international symbol of
accessibility and may include any appropriate wording to indicate that the space is
reserved for the exclusive use of vehicles which display a distinguishing license
plate or card. Any vehicle which has been removed and which is not properly
claimed within thirty (30) days thereafter shall be considered to be an abandoned
vehicle.
7. The police department may enter upon private property open to the public
to enforce the provisions of this section.
8. Any person violating any of the provisions of this section shall, upon
conviction thereof, be subject to a fine of not less than fifty dollars ($50.00) nor
more than three hundred dollars ($300.00).
Section 300.520 - - Vision-Reducing Material Applied to Windshield or Windows Without
Permit Prohibited
! 203
Updated 11.21.2017
1. No person shall operate without a permit granted because of physical
disorder any motor vehicle on any public street or alley in the City of Lakeshire
with any manufactured vision -reducing material applied to any portion of the
motor vehicle’s windshield, sidewings, or windows located immediately to the left
and right of the driver which reduces visibility from within or without the motor
vehicle. This section shall not prohibit labels, stickers, decalcomania or
informational signs on motor vehicles or the application of tinted or solar
screening material to recreational vehicles as defined in section 700.010, RSMo,
provided that such material does not interfere with the driver’s normal view of the
road. This section shall not prohibit factory installed tinted glass, the equivalent
replacement thereof or tinting material applied to the upper portion of the motor
vehicle’s windshield which is normally tinted by the manufacturer of motor
vehicle safety glass.
2. Any person who violates the provisions of this section is guilty of an
infraction and upon conviction thereof may be punished by a fine of nor more
than $25.00 and court costs.
Section 300.525 - - Restricting the Parking of Buses, Trucks-Rated Capacity in Excess of One
Ton, Tractors, Trailers, and Tractor Trailers, on Private Property
1. The parking of all buses, trucks with a rated capacity in excess of one ton,
tractors, trailers, tractor trailers, and all vehicles licensed, as buses, trucks with a
rated capacity in excess of one ton, tractors, trailers, tractor trailers anywhere in
the City of Lakeshire on private property is prohibited between the hours of 11:00
p.m. and 6:00 a.m. unless said vehicle is in an enclosure which shields it from
view.
2. Special hardship exceptions for a period of 48 hours may be granted from
this section from the Chief of Police if the Chief determines that just cause exists
for said exemption.
Section 300.526 - - Restricting the Parking or Storage of Boats, Trailers and Recreational
Vehicles
1. The parking or storage of all boats, trailers and recreational vehicles, shall
be prohibited on any private property or public street unless said boat, trailer or
recreational vehicle has a current registration or license to an address located
within the City of Lakeshire, unless said boat, trailer or recreational vehicle is in
an enclosure which shields it from view.
! 204
Updated 11.21.2017
2. All boats, trailers or recreational vehicles that are parked or stored in the
City of Lakeshire shall comply fully with all other ordinances of the City.
3. Recreational vehicles, for the purpose of this Section only, shall be defined
as any vehicle which is designed to be self-propelled or towable by a truck or
other device and which is designed primarily not for use as a permanent dwelling
but as a temporary living quarters for recreational, camping, travel or seasonable
use.
4. Special hardship exceptions for a period not exceeding forty-eight (48)
hours may be granted from this Section by application to the Chief of Police. If
the Chief of Police determines that granting the hardship exception will not be
unduly disruptive or potentially dangerous to the health, safety, welfare or
aesthetics of the City of Lakeshire and its residents then the Chief of Police may
issue said hardship exception for the temporary parking or storage of boats,
trailers or recreational vehicles within the City of Lakeshire.
Section 300.530 - - Prohibiting the Transportation of an Open Container of Alcoholic Beverages
In a Motor Vehicle or the Possession of Alcoholic Beverages in Public Places
1. No person shall knowingly transport in any motor vehicle operating upon
a public highway, street or alley any alcoholic beverage except in the original
container which shall not have been opened and the seal upon which shall not
have been broken and from which the original cap or cork shall not have been
removed, unless the opened container be in the rear trunk or rear compartment,
which shall include the spare tire compartment or any outside compartment which
is not accessible to the driver or any other person in such vehicle while it is in
motion. In the case of a pickup truck, station wagon, hatchback, or other similar
vehicle, the area behind the last upright seat shall not be considered accessible to
the driver or any other person.
2. No driver of a motor vehicle shall allow any alcoholic beverage to be
consumed while in a moving vehicle, as defined in this ordinance, nor shall any
person consume any alcoholic beverage while in a moving motor vehicle.
3. Nothing in this ordinance shall be construed as to prohibit the otherwise
legal consumption of alcoholic beverages by passengers on a privately or publicly
owned transit authority that has been chartered and is not being utilized for
conveyance of the general public where the operation and control of such
conveyance is by a person not in possession of or with ready access to such
alcoholic beverage.
! 205
Updated 11.21.2017
4. This section shall not apply to the living quarters of a recreational motor
vehicle as defined in this ordinance.
5. It shall be unlawful for any person to be in possession of an alcoholic
beverage in an open container when upon or in a public highway, street, alley,
public park, public place or public square.
6. Any person found guilty of violating the provisions of this ordinance shall
be guilty of a violation and shall be fined not less then $25.00 or more than
$500.00.
7. Definitions used in this ordinance are as follows:
Recreational Motor Vehicle - 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 permanently attached to the motor vehicle.
Alcoholic Beverage - The term alcoholic beverage 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 to also include any beer manufactured from pure hops or pure
extract of hops, and pure barley malt or other grains or cereals, and yeast and pure
water, and having any alcoholic content by weight or volume.
Section 300.540 - - Parking Facing Wrong Direction
1. Except as otherwise provided in this Code, every vehicle stopped or
parked upon a roadway where two-way traffic movement is permitted, shall be so
stopped or parked with the right-hand wheels of such vehicle parallel to and
within eighteen inches of the right-hand curb, or if there is no curb, then within
eighteen inches of the right-hand edge of said roadway.
2. Except as otherwise provided in this Code, every vehicle stopped or
parked upon a roadway where only one-way traffic movement is permitted, shall
park either as specified in sub-section 1 above, or with the left-hand wheels of
such vehicle parallel to and within eighteen inches of the left-hand curb, or if
there is no curb, then the left-hand edge of the roadway.
LAKESHIRE MODEL TRAFFIC ORDINANCE
AND SPECIFIC ENFORCEMENT SCHEDULE
! 206
Updated 11.21.2017
SCHEDULE I: STOP SIGNS
Location To Control
Intersection Lakeshire Drive and Elise Drive All 4 corners
Intersection Lakeside Drive and Antonia Drive All 4 corners
Intersections of Antonia Drive, Elise Drive, Stonell Drive Only for traffic
and Puttington Drive with Tesson Ferry Road entering Tesson Ferry
Road
Intersections of Parkman Drive, Willdan Drive, Rodium Drive Only for traffic
and Puttington Drive with Squire Meadows Drive entering Squire
Meadows Drive
Intersection of Squire Meadows Drive and Tesshire Drive Only for traffic
entering Tesshire
Drive
Intersection of Parkman Drive and Puttington Drive Only for traffic on
Parkman entering or
Crossing Puttington
Drive
Intersection of Lakeshire Drive and Stonell Drive Only for traffic
entering Stonell Drive
Intersection of Lakeside Drive and Lenor Drive Only for traffic
entering Lenor Drive
Intersection of Lenor Drive and Elise Drive Only for traffic
entering Elise Drive
Intersection of Parkman and Buffton Alley between Puttington Only for traffic
and Buffton entering Parkman
Drive
SCHEDULE II: NO PARKING
! 207
Updated 11.21.2017
Location
Parkman Drive - Northwest side
Puttington Drive - Northeast side
Wildan Drive - Northeast side
Rodium Drive - Northeast side
Squire Meadows Drive - East side
Puttington Drive - Southwest side from intersection with Parkman to Tesson Ferry
Squire Meadows Drive - West side from first driveway north of Tesshire to intersection with
Tesshire.
North and South sides of Lakeside Drive, Elise Drive and Stonell Drive for a distance of
approximately 100 feet beginning at the state road maintenance line on Highway 21 (Tesson
Ferry Road).
Buffton Drive - Southwest side beginning at the driveway of the building at 10062 Buffton and
continuing until Buffton becomes Parkman Drive.
Parkman Drive - Southeast side from a point at the northeast property line of 10316 Parkman to
the intersection of Parkman Drive with Puttington Drive.
Tesson Ferry Road (Highway 21) - The west side from the beginning of the City limits at or near
9715 Tesson Ferry Road and continuing along the west side of Tesson Ferry Road at all points
through the property located at 9949 Tesson Ferry Road, including all parts of the asphalt
shoulder running along the western edge of Tesson Ferry Road (Highway 21) for the length
between and including the afore described numbered properties.
Buffton Drive - Southwest side beginning at 10254 Buffton Drive continuing along as Buffton
Drive becomes Squire Meadows Drive and ending at the Buffton-Puttington alley.
SCHEDULE III: ONE-WAY STREETS
Location Direction
Puttington Drive North westwardly from Parkman to Squire
! 208
Updated 11.21.2017
Meadows Drive
Willdan Drive North westwardly from Parkman to Squire
Meadows Drive
Rodium Drive North westwardly from Parkman to Squire
Meadows Drive
SCHEDULE IV: SPEED LIMITS
Location Speed
Any and all public alleys between Buffton Drive 15 mph
and Puttington Drive
Any and all public alleys between Willdan Drive 15 mph
and Puttington Drive
Any and all public alleys between Willdan Drive 15 mph
and Rodium Drive
All city streets 25 mph
Section 300.545 - - Financial Responsibility of Motor Vehicle Operators
1.No owner of any motor vehicle registered in this state, required to be registered in this
state, or operated in this state shall operate the vehicle within the City of Lakeshire, or
authorize any other person to operate the vehicle within the City of Lakeshire, unless
the owner maintains the minimum amount of financial responsibility as required by
the State of Missouri.
2.Proof of financial responsibility in the form of an insurance identification card shall
be carried in all motor vehicles registered and/or operated in the state and operated in
the City. The insurance identification card shall include all of the following
information:
a.The name and address of the insurer;
b.The name of the named insured;
c.The policy number;
! 209
Updated 11.21.2017
d.The effective dates of the policy, including the month, date and year;
e.A description of the insured motor vehicle, including year and make or at least
five digits of the vehicle identification number, or the word “fleet” if the
insurance policy covered five or more vehicles; and
f.The statement “THIS CARD MUST BE CARRIED IN THE INSURED
MOTOR VEHICLE FOR PRODUCTION UPON DEMAND” prominently
displayed on the card.
3.Where a motor vehicle may be self-insured, the Missouri director of revenue shall
furnish each self-insurer, as provided for in Section 303.220 RSMo, an insurance
identification card for each motor vehicle so insured. The insurance identification
card shall include all the following information:
a.The name of the self-insurer;
b.The word “self-insured;” and
c.The statement, “THIS CARD MUST BE CARRIED IN THE SELF-
INSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND”
prominently displayed on the card.
A motor vehicle liability insurance policy, a motor vehicle liability insurance
binder, or receipt which contains the policy information listed above, shall be
satisfactory evidence of insurance in lieu of an insurance card.
4.The operator of a motor vehicle shall exhibit an insurance identification card on the
demand of any officer who lawfully stops such operator or investigates a motor
vehicle accident while that officer is engaged in the performance of the duties of his
office.
5.Failure of a motor vehicle operator to exhibit an insurance identification card or
produce other satisfactory evidence of insurance in lieu of an insurance card shall
constitute prima facie evidence that the vehicle operator, or owner thereof, does not
possess the required financial responsibility on the vehicle in question. As such, the
officer initiating the traffic stop or investigation may issue a citation to the vehicle
operator pursuant to the requirements of this section.
6.No person shall be found guilty of violating this section if the operator demonstrates
to the court that he or she met state-mandated financial responsibility requirements at
the time the officer wrote the citation.
7.A violation of this section shall be a Class C violation.
Section 300.550 - - Financial Responsibility of Motor Vehicle Operators
! 210
Updated 11.21.2017
1.Every vehicle traveling upon the streets of Lakeshire or parked on the streets of
Lakeshire must display an inspection sticker as required by Missouri law.
2.No person shall display or cause or permit to be displayed upon any vehicle any
certificate of inspection and approval, sticker, seal, or other device knowing the same
to be fictitious or issued for another vehicle or issued without an inspection having
been made.
3.A violation of this section shall be a Class C violation.
HUMAN RIGHTS
Chapter 310
Section 310.010 – Definitions
As used in this Chapter, the following terms shall have the meanings indicated:
(1)Commission: The Board of Aldermen acting as the Community Relations
Advisory Commission of the City of Lakeshire.
(2)Discriminatory Housing Practice: An act that is unlawful under Chapter 310.
(3)Dwelling: Any building, structure, or portion thereof 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.
(4)Family: Includes a single individual.
(5)Gender Identity: The gender-related identity, appearance, mannerisms or other
gender-related characteristics of an individual, with or without regard to the
individual's designated sex at birth.
(6)Person: Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies, joint-
stock companies, trusts, unincorporated organizations, trustees, trustees in
bankruptcy, receivers, and fiduciaries.
! 211
Updated 11.21.2017
(7)Rent: Includes to lease, to sublease, to let and otherwise grant for a consideration
the right to occupy premises not owned by the occupant
(8)Sexual Orientation: An individual's real or perceived heterosexuality,
homosexuality or bisexuality.
Section 310.020 – Discrimination in Sale or Rental of Housing
A.It shall be unlawful for any person:
1.To refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a
dwelling to any person because of race, color, religion, national origin,
ancestry, sex, disability, familial status, sexual orientation or gender identity.
2.To discriminate against any person in the terms, conditions or privileges of
sale or rental of a dwelling, or in the provisions of service or facilities in
connection therewith, because of race, color, religion, national origin,
ancestry, sex, disability, familial status, sexual orientation or gender identity or
an intention to make any such preference, limitation or discrimination.
3.To make, print or publish, or cause to be made, printed or published, any
notice, statement or advertisement, with respect to the sale or rental of a
dwelling, that indicates any preference, limitation or discrimination based on
race, color, religion, national origin, ancestry, sex, disability, sexual
orientation or gender identity.
4.To represent to any person, because of race, color, religion, national origin,
ancestry, sex, disability, familial status, sexual orientation or gender identity
that any dwelling is not available for inspection, sale or rental when such
dwelling is in fact so available.
5.For profit, to induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, color, religion,
national origin, ancestry, sex, disability, familial status, sexual orientation or
gender identity.
Section 310.030 – Discrimination in Financing of Housing
It shall be unlawful for any bank, building and loan association, insurance
company or other corporation, association, firm or enterprise whose business consists in
! 212
Updated 11.21.2017
whole or in part in the making of commercial real estate loans, to deny a loan or other
financial assistance to a person applying therefor for the purpose of purchasing,
constructing, improving, repairing or maintaining a dwelling, or to discriminate against
him/her in the fixing of the amount, interest rate, duration, or other terms or conditions of
such loan or other financial assistance, because of the race, color, religion, national
origin, ancestry, sex, disability, familial status, sexual orientation or gender identity of
such person, of any person associated with him/her in connection with the loan or other
financial assistance, or of the prospective owners, lessees, tenants, or occupants of the
dwelling or dwellings in relation to which the loan or other financial assistance is to be
made or given; however, nothing contained in this Section shall impair the scope or
effectiveness of the exceptions contained in Section 310.090.
Section 310.040 – Discrimination in Brokerage Services
It shall be unlawful for any person to deny any person access to or membership or
participation in any multiple-listing service, real estate brokers' organization or other
services, organization, or facility relating to the business of selling or renting dwellings,
or to discriminate against him/her in the terms or conditions of such access, membership
or participation, on account of race, color, religion, national origin, ancestry, sex,
disability, familial status, sexual orientation or gender identity.
Section 310.050 – Discrimination in Public Accommodations Prohibited
A.All persons within the City of Lakeshire are free and equal and shall be entitled to the
following equal use and enjoyment within the City at any place of public accommodation
without discrimination or segregation on account of race, color, religion, national origin,
ancestry, sex, disability, familial status, sexual orientation or gender identity.
B.It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse,
withhold from or deny any other person or attempt to refuse, withhold from or deny any
other person any of the accommodations, advantages, facilities, services, or privileges
made available in any place of public accommodation as defined in §213.010, RSMo., or
segregate or discriminate against any such person and the use thereof on the grounds of
race, color, religion, national origin, ancestry, sex, disability, familial status, sexual
orientation or gender identity.
C.The provisions of this Section shall not apply to a private club, place of accommodation
owned by or operated on behalf of a religious corporation, association or society or other
establishment which is not in fact open to the public, unless the facilities of such
establishments are made available to the customers or patrons of a place of public
accommodation as defined in §213.010, RSMo.
! 213
Updated 11.21.2017
Section 310.055 – Discrimination in Public Accommodations Prohibited
No person, group, organization, association, corporation or other entity who has
obtained a permit from the City of Lakeshire, pursuant to this Chapter, shall discriminate
against any qualified participants in any activities to be undertaken pursuant to such
permit on the basis of race, color, religion, national origin, ancestry, sex, disability,
familial status, sexual orientation or gender identity.
Section 310.060 – Administration
The authority and responsibility for administering this code shall be in the
Commission. The Commission shall administer this code in a manner affirmatively to
further the policies of this code and to prevent or eliminate discriminatory housing
practices. The Commission shall cooperate with and render technical assistance through
Federal, State, or other public or private agencies, organizations, and institutions which
are formulating or carrying out programs to prevent or eliminate discriminatory housing
practices.
Section 310.070 – Enforcement
A.Any person who claims to have been injured by a discriminatory housing practice or
who believes that he will be irrevocably injured by a discriminatory housing practice
that is about to occur (hereafter "complainant") may file a complaint with the
Commission. The Commission shall furnish a copy of the same to the person or
persons who allegedly committed or are about to commit the alleged discriminatory
housing practice. A complaint shall be filed within sixty (60) days after the alleged
discriminatory housing practice occurred. Complaints shall be in writing, shall state
the facts upon which the allegations of a discriminatory housing practice are based,
and shall contain such information and be in such form as the Commission may
require. A respondent may file an answer to the complaint against him. Both
complaints and answers shall be verified and may be reasonably and fairly amended
at any time.
B.Within thirty (30) days after receiving a complaint, the Commission shall investigate
and determine if cause exists for the allegations made in the complaint. If the
Commission finds cause for the complaint, it shall proceed to try to eliminate or
correct the alleged discriminatory housing practice by informal methods of
conference, conciliation and persuasion. The complaint shall be dismissed if the
Commission finds no cause, and the complainant shall be notified of the
Commission's actions.
C.If conciliation efforts fail, the Commission shall promptly set a date for hearing of the
! 214
Updated 11.21.2017
matters alleged in the complaint and subsequent occurring related matters. A written
notice, given at least ten (10) days prior to the hearing, shall be issued and served in
the name of the Commission, together with a copy of the complaint, as it may have
been amended by the complainant or by the Commission, requiring the respondent to
answer the charges of the complaint at a hearing before the Commission, at a time
and place to be specified in the notice. Hearings shall be conducted in a fair and
impartial manner, and the Commission may promulgate rules of procedure should the
need arise. The complainant and respondent may appear at the hearing with or
without counsel and may present proof, examine witnesses and in all manners be fully
heard. The Commission has the power reasonably and fairly to amend any complaint
either prior to or during the hearing in accordance with facts developed by the
investigation or adduced in evidence in the hearing, and the respondent has like
power to amend his answer in the same manner. The testimony taken at the hearing
shall be under oath.
D.Within thirty (30) days after a hearing pursuant to this Section, the Commission shall
make its determination. If a majority of the members of the Commission in
attendance of the hearing do not find that a discriminatory act has occurred, the
complaint shall be dismissed by the Commission. If a like majority finds that a
discriminatory housing practice has occurred, the Commission shall certify the case to
the City Prosecutor for appropriate action.
E.Upon certification by the Commission, the City Prosecutor shall institute a charge in
the Municipal Court against the alleged violator and shall prosecute same to a final
conclusion.
Section 310.080 – Establishment of Fines for Violation
Any person who shall commit a discriminatory housing practice in violation of
this Chapter shall, upon conviction thereof, be punished for each violation by a fine of
not less than one hundred dollars ($100.00) and not more than five hundred dollars
($500.00).
Section 310.090 – Exemptions
A.Nothing in this Chapter shall be construed to invalidate or limit any law of the State
or of the City that requires dwellings to be designed and constructed in a manner that
affords persons with disabilities greater access than is required by this Chapter.
B.Nothing in Sections 310.020, 310.030, and 310.040
1.Requires that a dwelling be made available to an individual whose tenancy would
! 215
Updated 11.21.2017
constitute a direct threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property of others.
2.Limits the applicability of any reasonable local restriction regarding the maximum
number of occupants permitted to occupy a dwelling, nor does any provision of
said Sections regarding familial status apply with respect to housing for older
persons.
3.Shall prohibit conduct against a person because such person has been convicted
by any court of competent jurisdiction of the illegal manufacture or distribution of
a controlled substance as defined by Section 195.010, RSMo.
C.Nothing in this Chapter shall prohibit a religious organization, association or society
or any non-profit institution or organization operated, supervised or controlled by or
in conjunction with a religious organization, association or society from limiting the
sale, rental or occupancy of dwellings which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving preference to
such persons, unless membership in such religion is restricted on account of race,
color or national origin. Nor shall anything in this Chapter prohibit a private club not
in fact open to the public, which as an incident to its primary purpose or purposes
provides lodging which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodging to its members or from giving
preference to its members.
D.Nothing in this Chapter, other than the prohibitions against discriminatory advertising
in Subsection (A)(3) of Section 310.020 shall apply to:
1.The sale or rental of any single-family house by a private individual owner,
provided the following conditions are met:
a.The private individual owner does not own or have any interest in more
than three (3) single-family houses at any one time; and
b.The house is sold or rented without the use of a real estate broker, agent or
salesperson or the facilities of any person in the business of selling or
renting dwellings and without publication, posting or mailing of any
advertisement. If the owner selling the house does not reside in it at the
time of the sale or was not the most recent resident of the house prior to
such sale, the exemption in this Section applies to only one (1) such sale in
any twenty-four (24) month period.
2.Rooms or units in dwellings containing living quarters occupied or intended to
! 216
Updated 11.21.2017
be occupied by no more than four (4) families living independently of each
other, if the owner actually maintains and occupies one (1) of such living
quarters as his/her residence.
! 217
Updated 11.21.2017
ZONING CODE
Chapter 400
Section 400.010 - - Zoning Districts and Boundaries Established
1. In order to classify, regulate and restrict the location of businesses, industries,
residences and other land uses and the location of buildings designed for specified
uses; to regulate and limit the height and bulk of buildings hereafter erected or
altered; to regulate and limit the intensity of the use of lot areas, and to regulate
and determine the area of yards, courts, and other open spaces within and
surrounding such buildings, the City of Lakeshire is hereby divided into five (5)
districts. The use, height, and area regulations are uniform in each class of
district, and said districts shall be known as:
“A” Single Family District
“B” Single Family District
“E” Multiple Family District
“L” Local Business District
“M” Manufacturing and Light Industrial District
2. These districts and their boundaries are indicated and shown upon the District
Map of the City of Lakeshire, which is made a part of this Chapter and marked
“ZONING DISTRICT MAP OF THE CITY OF LAKESHIRE, MISSOURI.” The
said map and all the notations, references and other matters shown thereon shall
be as much a part of this Chapter as if the map, notations, references and other
matters set forth by said map were all wholly described herein. The said map has
been attested by the City Clerk of the City of Lakeshire, and signed by the Mayor.
3. All territory which may hereafter become a park of the City of Lakeshire,
Missouri, shall automatically be classed as lying and being in the “A” Single
Family District, until such classification shall be changed by an amendment to
this Chapter as provided by law.
4. Whenever any street, alley or other public way or property is vacated, the zoning
districts adjoining each side of such street, alley, or other public way or property
shall be automatically extended to the center of such vacation and all area
included in the vacation shall then and henceforth be subject to all regulations of
the extended districts.
5. Except as hereinafter provided:
! 218
Updated 11.21.2017
A. No building shall be erected, maintained, enlarged, reconstructed or
structurally altered, nor shall any building or land be used which does not
comply with all of the district regulations established by this Chapter for
the district in which the building or land is located.
B. The minimum yards and other open spaces, including the intensity of use
provisions contained in this Chapter for each and every building existing
at the time of passage of this Chapter, or for any building hereafter erected
or structurally altered, shall not be encroached upon or considered as yard
or open space requirements or intensity of use requirements for any other
building.
C. Every building hereafter erected or structurally altered shall be located on
a lot, and in no case shall there be more than one main building on one lot,
except as provided in Section 400.060 of this Chapter.
6. Rules where uncertainty may arise. Where uncertainty exists with respect to the
boundaries of the various districts as shown on the map accompanying and made
part of this Chapter the following rules apply:
A. The district boundaries are either streets or alleys, unless otherwise shown,
and where the districts designated on the map accompanying and made a
part of this Chapter are bounded approximately by street or alley lines, the
street or alley shall be construed to be the boundary of the district.
B. Where the district boundaries are not otherwise indicated and where the
property has been or may hereafter be divided into blocks and lots, the
district boundaries shall be construed to be the lot lines, and where the
districts designated on the map accompanying and made a part of this
Chapter are bounded approximately by lot lines, the lot lines shall be
construed to be the boundary of the districts unless the boundaries are
otherwise indicated on the map.
C. In subdivided property the district boundary lines on the map
accompanying and made a part of this Chapter shall be determined by use
of the scale appearing on the map.
7. In interpreting and applying the provisions of this Chapter, they shall be held to be
the minimum requirements for the promotion of public safety, health,
convenience, comfort, morals, prosperity and general welfare. Wherever the
regulations of this Chapter require a greater width or size of yards, courts or other
open spaces or require a lower height of building or less number of stories or
! 219
Updated 11.21.2017
require a greater percentage of lot to be left unoccupied or require a lower density
of population, or require a more restricted use of land, or impose other higher
standards than are required in any other order or regulation, private deed
restrictions or private covenants, these regulations shall govern, but if the
requirements of such other order, regulation, private deed restriction or private
covenant is the more restrictive, then those requirements shall govern.
Section 400.020 - - “A” Single Family District Regulations
1. The regulations contained in this Section are the district regulations in the “A”
Single Family District. These regulations are supplemented and qualified by
additional general regulations contained elsewhere in this Chapter and are made a
part of this Section by reference. All new streets in residential area leading into
the City of Lakeshire from Tesson Ferry Road must have stone entrance typical in
construction and conforming to the general plan of the stone entrances of
Lakeshire Drive and Elise Drive. Provision must be made for land easement
surrounding entrance to the City of Lakeshire. Streets at entrances must be
tapered to contour of entrance walls and have curbing to highway line. Plans for
entrances must be submitted in triplicate to City of Lakeshire for approval by
Board of Alderman.
2. Use Regulations. Except as otherwise provided, business and industry are
specifically prohibited, and a building or premises shall be used only for the
following purposes:
A. Single Family Dwelling
3. Height Regulations. No building shall exceed one and one-half (1 ½) stories or
twenty-two (22) feet in height.
A. Building Lines. Building lines shall be fifty (50) feet from street line with
exceptions as noted in Sub-section D-(4). The extreme portion of front of
building shall be set on building line and no portion of building, except
porch slab, shall project past front of building line, except as expressly
ordered by Board of Alderman.
4. Area Regulations
A. Front Yard
There shall be a front yard having a depth of not less than fifty (50) feet,
unless forty (40) percent or more of the frontage on one side of the street
! 220
Updated 11.21.2017
between two intersecting streets is improved with buildings that have
observed a front yard line with a variation in depth of not more than ten
(10) feet, in which case no building shall project beyond the average front
yard so established. Front yards shall conform to minimum standard
widths of streets and roads, and to future streets and high widenings
according to the set-back lines herein provided for. Front yards shall be
measured from proposed right-of-way lines where set-back lines are
herein established, and, otherwise, from an actual or potential right-of-way
line of fifty (50) foot wide road, street or highway.
Where lots have a double frontage a required front yard shall be provided
for on both streets, except that the buildable width of such lot shall not be
reduced to less than forty (40) feet, in which latter event the Board of
Aldermen may waive this requirement as to the street which will least
affect surrounding property values.
B. Side Yard
There shall be a side yard on each side of the building having a width of
not less than eight (8) feet.
C. Rear Yard
There shall be a rear yard having a depth of not less than one hundred
(100) feet or forth (40) percent of the depth of the lot, whichever is larger,
but it need not exceed one hundred (100) feet.
D. Corner Lots
Regulations (B) and (C) do not apply. Special provision in regard to side
and rear yards shall be by special permission of the Board of Aldermen.
5. Intensity of Use
Every lot or tract of land shall have an area of not less than sixteen thousand two
hundred (16,200) square feet, except that if a lot or tract has less area than
required, and was of record at the time of the passage of this Chapter, that lot or
tract may be used for any of the uses permitted by this section, but in no instance
shall there be a side yard of less than eight (8) feet.
6. No unattached building or any type shall be allowed except by permission of the
Board of Aldermen.
! 221
Updated 11.21.2017
Section 400.030 - - “B” Single Family District Regulations
1. The regulations contained in this Section are for the District Regulations in the
“B” Single Family District. These regulations are supplemented and qualified by
general regulations contained elsewhere in this Chapter and are made a part of
this Section by reference.
2. Use Regulations
Except as otherwise provided, business and industry are specifically prohibited,
and a building or premises shall be used for the following purposes:
Single Family Dwelling
3. Height Regulations
No building shall exceed one and one-half (1 ½) stories or twenty-two (22) feet in
height.
4. Area Regulations
A. Front yard
There shall be a front yard having a depth of not less than thirty (30) feet.
Front yards shall be measured from proposed right-of-way lines where
setback lines are herein established, and otherwise from the actual or
potential right-of-way line of a fifty (50) foot wide road, street or highway.
Where lots have a double frontage a required front yard shall be provided
for on both streets, except that the buildable width of such lot shall not be
reduced to less than forty (40) feet, in which latter event the Building
Commissioner may waive this requirement as to the street which will least
affect surrounding property values.
B. Side Yard
There shall be a side yard on each side of the building having a width of
not less than six (6) feet.
C. Rear Yard
! 222
Updated 11.21.2017
There shall be a rear yard having a depth of not less than thirty (30) feet or
twenty percent (20%) of the depth of the lot, whichever is larger, but it
need not exceed thirty-five (35) feet.
D. Lot Frontages
Lots must have a frontage of seventy (70) feet, except that on curves
resulting in wider rear yards the frontage may be reduced provided that not
more than fifteen percent (15%) of the lots in the subdivision may be so
reduced.
5. Intensity of Use
A. Residential lots or tracts shall have areas of eighty-seven hundred fifty
(8750) square feet, except that not more than ten percent (10%) of the lots
in a subdivision may have an area of not less than seventy-five hundred
(7500) square feet, provided that if a lot or tract has less area than
required, and was of record at the time of the passage of this Chapter, that
lot or tract may be used for any of the uses permitted by this Section, but
in no instance shall there be a side yard of less than six (6) feet.
B. No unattached building of any type shall be allowed except by permission
of the Board of Aldermen.
6. Off-Street Parking
Single Family residences must provide off-street parking.
7. Building Permit Regulations
A. Building permits in subdivisions created and approved after the adoption
of this chapter shall not be issued until all subdivision improvements
including the installation of paved streets, sewers approved by The
Metropolitan St. Louis Sewer District, and electric, water, gas and
telephone facilities have been provided; or, at the option of the Board of
Aldermen, a bond or escrow agreement for the installation of such
improvements and utilities or any of them is filed and approved by the
Board of Aldermen.
B. No building permit shall issue in subdivision created and approved after
the adoption of this chapter until sidewalks, when required by the Board of
Aldermen, are installed or a bond or escrow deposit made to insure such
installation.
! 223
Updated 11.21.2017
C. In all subdivisions created and approved after enactment of this Chapter,
the owner shall ascertain from the Missouri Inspection Bureau the number
of fire hydrants required in the subdivision and shall deposit with the
Affton Fire Protection District a sum covering the first sixteen (16)
months’ rental for each of the hydrants required by the Bureau.
Section 400.040 - - “E” Multiple Family District Regulations
1. The regulations contained in this Section are for the District Regulations in the
“E” Multiple Family District. These regulations are supplemented and qualified
by general regulations contained elsewhere in this Chapter and are made a part of
this Section by reference.
2. Use Regulations
Except as otherwise provided, business and industry are specifically prohibited,
and a building or premises shall be used for the following purposes:
A. Single family dwellings
B. Two (2) family flats
C. Four (4) family flats
D. Two (2) four (4) family flats on at least two (2) lots may be joined with a
fire wall between the two (2) four (4) family sections, or may be located
on one (1) lot having a minimum of thirteen thousand seven hundred fifty
(13,75) square feet.
E. Parks and playgrounds
3. Height Regulations
A. No single family building shall exceed two and one-half (2 ½) stories or
thirty feet in height.
B. No single or double flat shall exceed two (2) stories or thirty (30) feet in
height.
4. Area and Yard Requirements - Intensity of Use
A. Detached single family dwellings shall be situated on lots of at least
seventy-five hundred (7500) square feet in area.
! 224
Updated 11.21.2017
B. Two (2) family dwellings shall be situated on lots of at least seventy-five
hundred (7500) square feet in area.
C. Four (4) family flats shall be situated on tracts of land of at least seventy-
five hundred (7500) feet in area.
D. Two (2) attached four (4) family flats with a fire wall between each four
(4) family section shall be located on a lot or lots containing at least
thirteen thousand seven hundred fifty (13,750) square feet.
5. Yard Regulations
A. Front Yard
Buildings must be thirty (30) feet back from the street right-of-way line.
B. Side Yard
There shall be a side yard of at least six (6) feet on each side of a flat or
single family dwelling, excepting that where two (2) four (4) family
dwellings are joined on two (2) lots no side yard shall be required on the
side of the common boundary between the lots.
At least one (1) side of a lot on which a multiple dwelling is located must
be sufficiently wide to permit a driveway for rear parking.
C. Rear Yard
There shall be a rear yard having a depth of not less than thirty (30) feet or
twenty percent (20%) of the depth of the lot, whichever is larger.
D. Lot Frontage
Lots containing less than seventy-five hundred (7500) square feet must
have a street frontage of at least fifty-five (55) feet.
Lots containing seventy-five hundred (7500) square feet or more must
have a street frontage of at least sixty (60) feet.
Two (2) adjoining four (4) family flats located on two (2) lots must be on a
tract having a street frontage of at least one hundred ten (110) feet.
! 225
Updated 11.21.2017
6. Signs
All signs are prohibited in this District except by special permit from the Board of
Alderman.
7. Off-Street Parking
A. All single family dwellings shall provide off-street garages or carports.
B. All multiple dwellings shall provide off-street parking areas for all tenants
and occupants at the rate of one and one-half (1 ½) parking space for each
dwelling unit.
8. Building Permit Regulations
A. Building permits in subdivisions created and approved after the adoption
of this Chapter shall not be issued until all subdivisions improvements
including the installation of paved streets, sewers approved by The
Metropolitan St. Louis Sewer District, and electric, water, gas, and
telephone facilities have been provided; or, at the option of the Board of
Aldermen, a bond or escrow agreement for the installation of such
improvements and utilities or any of them is filed and approved by the
Board of Aldermen.
B. No building permit shall issue in subdivisions created and approved after
the adoption of this Chapter until sidewalks, when required by the Board
of Aldermen, are installed or a bond or escrow deposit made to insure such
installation.
C. In all subdivisions created and approved after enactment of this Chapter,
the owner shall ascertain from the Missouri Inspection Bureau the number
of fire hydrants required in the subdivision and shall deposit with the
Affton Dire Protection District a sum covering the first sixteen (16)
months’ rental for each of the hydrants required by the Bureau.
D. Lots created after the adoption of the Chapter establishing the “E”
Multiple Family District and having an area of less than seventy-five
hundred (7500) square feet, must be combined with another tract to bring
the minimum area to seventy-five hundred (7500) square feet before a
building permit may issue for single family residences or two (2) or four
(4) family flats; and must be combined with other tracts creating a total of
at least thirteen thousand seven hundred fifty (13,750) square feet before a
! 226
Updated 11.21.2017
building permit may issue for the construction of two (2) adjoining four
(4) family flats.
Section 400.050 - - “L” Local Business District
1. The regulations contained in this Section are the district regulations in the “L”
Local Business District. These regulations are supplemented and qualified by
additional general regulations contained elsewhere in this Chapter, and are made
part of this Section by reference.
2. Use Regulations
A building or premises shall be used only for the following purposes:
A. Any use permitted in Single Family Districts with the same area, side and
rear yard limitations.
B. Local retail businesses, such as:
Antique Shops
Appliance Shops
Bakeries
Clothing Shops
Delicatessens
Dry Good Stores
Gift and Novelty Shops
Grocery Stores and Super Markets
Hardware Stores
Ice Cream Parlors
Restaurants and Other Eating Places
Retail Gasoline Filling Stations with below ground tanks
And other similar small retail stores
C. Auto Laundries
Automobile Sales Rooms
Banks
Battery and Tire Service Stations
Beauty Parlors and Barber Shops
Blue Printing, Photostating and similar duplicating
Light Repair Shops
Launderettes
Painting and Decorating Shops
Plumbing Shops
! 227
Updated 11.21.2017
Real Estate, Professional and other offices
Tailoring and Dressmaking Shops
And other similar small business enterprises and offices
D. Churches, schools, libraries, provided sufficient off-street parking as
determined by the Board of Aldermen shall be provided.
E. The following businesses, by special permit from the Board of Aldermen:
Automobile Repair Shops
Dyeing and Cleaning Establishments
Laundries
Light Machine or Assembly Shops
Storage Garages
And other similar small business enterprises and offices, provided
however, that the businesses designated in Sub-section 5 and those similar
thereto shall only be conducted under special permit from the Board of
Aldermen under such conditions and restrictions as may be necessary to
insure that the operation of the business or enterprise shall create no noise,
dirt, smoke or dangerous, unsightly or other undesirable conditions or
traffic congestion in the immediate area, and if in the judgment of the
Board the business will not adversely affect nearby residential areas.
F. Retail and service establishments similar to others listed in this section;
provided that enterprise determined by the Board of Aldermen to be
similar to those described in Sub-section (5) above shall only be
authorized by special permit from the Board of Aldermen, and the Board
of Aldermen shall be the sole and final judgment as to whether such
enterprise would adversely affect the community.
G. Special provisions:
Any building used primarily for any of the above enumerated purposes
may have not more than forty (40) percent of the floor area devoted to
industry or storage purposes incidental to such primary use.
All automobile repairs and servicing must be done within the inside of the
building and repair shops and must be at least twenty (20) feet behind the
front wall of the building. All businesses authorized under this Section or
by any special permit hereafter granted must provide off-street parking
sufficient to accommodate all customers, employees and visitors at peak
! 228
Updated 11.21.2017
business hours. Signs can be erected only by special permit from the
Board of Aldermen.
3. Height Regulations
No building shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in
height.
4. Area Regulations
A. Front Yard
There shall be a front yard having a depth of not less than thirty (30) feet,
unless forty (40) percent or more of the frontage on the same side of the
street between two intersecting streets is improved with building that have
observed a front yard line having a variation in depth of not more than six
(6) feet in which case no building shall project beyond the average front
yard so established. Front yards shall conform to minimum standard
widths of streets, and roads and to future street and highway widenings
according to the set-back lines where set-back lines are herein established,
and otherwise from an actual or potential right-of-way of fifty (50) foot
wide road, street, or highway.
Where a lot is located at the intersection of two (2) or more streets, the
front yard requirements shall apply to each street, except that the buildable
width of the lot shall be reduced to less than thirty (30) feet in which latter
event the Building Commissioner may waive this requirement. No
accessory building shall project beyond the front yard line of each street.
B. Side Yard
There shall be a side yard on each side of the building having a width of
not less than six (6) feet. In all other cases a side yard is not required
except on the side of the lot adjoining a residential or vacant piece of
property in which case there shall be a side yard of not less than six (6)
feet.
C. Rear Yard
There shall be a rear yard having a depth of not less than twenty-five (25)
feet, except that in the case of the lot of one-hundred twenty-five (125)
feet in depth, and was of record at the time of the passage of this Chapter,
the rear yard need not exceed twenty (20) percent of the depth of the lot.
Section 400.060 - - “M” Manufacturing and Light Industrial
! 229
Updated 11.21.2017
1. The regulations contained in this Section are the district regulations in the “M”
Manufacturing and Light Industrial District. These regulations are supplemented
and qualified by additional general regulations contained elsewhere in this
Chapter and are made part of this Section by reference.
2. Use Regulations
A building and premises shall be used only for the following purposes:
A. Any use permitted in the Residential Districts.
B. Any use permitted in the “L” Business District.
C. Light assembly work; machine shops, doing light cutting, stamping,
shaping, or assembling; storage plants; lumber yards; distributing stations;
warehouses; woodworking stops or plants; and the processing, under roof,
of non-offensive materials, such as textiles, wood and similar or other
materials involving no explosive materials and no noise, odor, dust, gas,
dirt, smoke or danger to the community, which will or might create
offensive or dangerous or unhealthful conditions to adjacent or near
residential areas within or without the City limits.
3. Limitations
No use shall be permitted which involves explosive materials, furnaces, kilns,
cooking of industrial materials causing smoke, fumes, or gas, heavy presses or
cutters, or other machinery which causes or can cause noise or vibration apparent
or noticeable outside of the building. All operations must be conducted indoors so
far as possible. No steam or diesel operated equipment shall be permitted in
regular use about the premises. Lumber yards, cabinet shops and other
establishments sawing or planting wood must be done in an enclosed area under
roof to keep noise down. Heavy machinery which is properly cushioned and
other equipment provided with sufficient safeguards, traps and washing devices
also electric precipitators to prevent objectionable conditions may be authorized
by the Board of Aldermen after inquiry and determination that they do not violate
the general purposes of this Chapter, which are to maintain conditions in the “M”
Manufacturing and Light Industrial Zone which are compatible with nearby
residential areas. All flammable materials when not in use must be stored in an
approved fireproof storage vault.
4. Buffer Zone
! 230
Updated 11.21.2017
That portion of the “M” Manufacturing and Light Industrial District adjoining the
“A” Single Family District and fronting on Tesson Road to a depth of one
hundred (100) feet as shown on the Zoning Map in purple with diagonal black
lines, shall be a Buffer Zone between the Residential and Manufacturing District
and may be used only for landscaping, roadways, and walks, or by special permit
from the Board of Aldermen small accessory buildings may be located thereon, if
in the judgment of the Board of Aldermen they will not adversely affect the
residential districts of the City. In the event however, any portion of the Buffer
Zone is hereafter included in any residential subdivision, the restrictions against
buildings shall not apply to residences on lots in subdivisions approved in
accordance with the ordinances of this City.
5. Premises
Commercial and light industrial premises and all structures thereon must be kept
clean, orderly and neat appearing at all times. The grounds must be landscaped
and planted on the side facing the principal street. Materials must be stored and
kept in buildings, except in those activities, such as lumber yards, where it is
wholly impractical.
6. Fences
Heavy gauge wire mesh fences of a type to be approved by the Building
Commissioner must surround all manufacturing and light industrial plants where
any activities which might be dangerous to persons upon the premises are
involved; but this Section shall not be construed to require fences around offices,
yards, and other portions of plant premises which are not hazardous.
7. Parking
Sufficient off-street parking must be provided to meet the needs of all visitors,
customers and employees at peak hours and shall be located by agreement
between the Building Commissioner and the owner. If no agreement can be
reached the Board of Aldermen shall be the final judge of the matter.
8. Purpose
The purpose of these regulations is to prevent offensive conditions, rather than to
unduly hamper or restrict business enterprises and, consequently, no attempt is
made to include a complete list of particular businesses which shall be barred or
which shall be permitted, the Board of Aldermen realizing that almost any type of
! 231
Updated 11.21.2017
business may be conducted in such a manner as to be objectionable to nearby
residential areas, while on the other hand, businesses which might approach the
nature of heavy industry can be permitted in the commercial and light industrial
zone under proper safeguards which will create no unfavorable conditions. Those
businesses which are objectionable per se, not only because of operations carried
on within the plan but because of conditions created through the delivery and
storage of certain materials and commodities, such as: auto wrecking and salvage
yards; junk yards, glue factories; fat and animal rendering plants; slaughter houses
and plans handling garbage, offal or animals, are to be expressly barred under all
circumstances and conditions. The same prohibition applies under all
circumstances and condition. The same prohibition applies to all heavy
operations, such as: heavy foundries; boiler works; packing plants; rendering of
ores; rolling mills; blasting furnaces; coke ovens, refining; quarries; rock
crushing, and similar activities; and likewise; treatment, storage and handling of
explosives or of other dangerous materials; acids and chemicals, which create
fumes; fertilizer plants, and similar materials. This list is not intended to be
complete but is included to indicate by name the type of activities which shall be
barred, leaving considerable latitude to the Board of Aldermen in granting permits
for enterprises which can be conducted close to a residential area without
detriment to the inhabitants of the City.
9. General
The uses of buildings and premises are expressly limited to light manufacturing
and assembly work which will not be objectionable in the vicinity of residential
districts and which create no noises or disturbances affecting the quiet and
peaceful enjoyment of homes in the vicinity. Acoustical materials shall be used in
the construction of buildings so far as necessary and practical. Grounds of
buildings must be kept as attractive appearing as possible. If any construction
permit shall be granted for erection of a commercial or light industrial building,
the owner or builder shall file with the Building Commissioner a complete set of
plans and make preliminary application for an occupancy permit, setting forth in
detail the nature of the proposed operations. If in the opinion of the Building
Commissioner the proposed uses will be in violation of this Section, he shall
refuse to recommend a construction permit. The applicant may within thirty (30)
days after rejection by the Building Commissioner appeal to the Board of
Aldermen. If he fails to do so his application shall expire and be of no further
effect. Before the premises are actually occupied a final occupancy permit shall be
applied for an if the proposed use appears to the Building Commissioner to be in
violation of this Section, he shall refuse the occupancy permit and the applicant
may within thirty (30) days after rejection by the Building commissioner appeal to
the Board of Aldermen, and if he fails to do so his application shall expire and be
! 232
Updated 11.21.2017
of no further effect. If an appeal is taken to the Board of Aldermen and is denied
by the Board of Aldermen, the applicant may within thirty (30) days institute such
proceedings in the Circuit Court of St. Louis County to review the decision of the
Board of Aldermen, as may be proper. In the event of failure to take such action
within the said period, his application for a construction or occupancy permit shall
expire and he shall be in the same position as if no application had been made.
10. Permits
The Building Commissioner shall not issue permits for construction of buildings
and other structures in the “M” Manufacturing and Light Industrial District, but
application for building and occupancy permits shall be made to him,
accompanied by plats showing the location of the proposed structure on the tract
in question, with detailed plans and specifications to show the nature of the
construction. The application for an occupancy permit shall give detailed
information as to the nature of the business to be carried on. The building
Commissioner shall promptly refer the application with the plat and plans to the
Board of Aldermen with his recommendations therefore. The board of Aldermen
shall require the applicant to appear personally for a hearing, and may direct, as a
condition to issuance of the permit, such changes in the plans and specifications
as may be necessary to eliminate any noise, dust, dirt, gas or smoke so far as
practical and shall be order direct the Building Commissioner to issue or refuse a
permit.
11. Violations
If any business activities in the “F” Commercial and Light Industrial District
become objectionable at any time by reason of noise, dirt, dust, gas or smoke,
condition of grounds or premises, or otherwise, so as to create objectionable
conditions, the Zoning Enforcement Officer shall serve notice, in writing of the
matters objected to and set a hearing within ten (10) days of service of such
notice, on any person employed on or in charge of said premises, and if not
corrected by the date of the hearing or within such time thereafter not exceeding
thirty (30) days as the Zoning Enforcement Officer may allow continuance of
such business or activities thereafter, shall constitute a violation of this Chapter
and shall be unlawful and the City may institute any appropriate remedy to cause
a discontinuance of the objectionable conditions. Appeals may be taken by either
side to the Board of Aldermen within ten (10) days by written notice served on the
other party and a copy filed with the City Clerk, and if not appealed from within
such time shall be final and binding. The Board of Aldermen shall promptly set
an appeal hearing and make such orders in the premises as may be necessary in its
judgment to assure the enforcement of the intent and purpose of this Chapter and
! 233
Updated 11.21.2017
protect the welfare of the City and its inhabitants. Any person aggrieved by the
decision of the Board of Aldermen may take any appropriate action for review in
the Circuit Court of St. Louis County within thirty (30) days after receiving
written notice of the decision of the Board of Aldermen. In the event of failure to
appeal within such time, the decision of the Board of Aldermen shall be final and
conclusive.
12. Height Regulations
No building shall exceed three (3) stories or forty-five (45) feet in height.
13. Area Regulations
A. Front Yard
There shall be a front yard having a depth of not less than thirty (30) feet,
unless forty (40) percent or more of the frontage on the same side of the
street between two intersecting streets is improved with buildings that
have observed a front yard line having a variation in depth of not more
than six (6) feet in which case no building shall project beyond the
average front yard so established. Front yards shall conform to minimum
standard widths of streets and roads, and to future street and highway
widenings according to the set-back lines herein provided for. Front yards
shall be measured from proposed right-of-way lines where set-back lines
are herein established, and otherwise from an actual or potential right-of-
way of fifty (50) feet wide road, street, or highway.
Where a lot is located at the intersection of two (2) or more streets, the
front yard requirements shall apply to each street, except that the buildable
width of the lot shall not be reduced to less than thirty (30) feet in which
latter event the Building Commissioner may waive this requirement to the
street which will least affect other property value. No accessory building
shall project beyond the front yard line of each street.
B. Side Yard
Except as hereinafter provided in Chapter 400, there shall be a side yard
on each side of the building having a width of not less than six (6) feet. In
all other cases a side yard is not required except on the side of the lot
adjoining a residential or vacant piece of property in which case there shall
be a side yard of not less than five (5) feet.
! 234
Updated 11.21.2017
C. Rear Yard
No rear yard shall be required except where the property abuts on a
residential district, in which case there shall be a rear yard of not less than
that provided for in the “L” Local Business District.
D. No building may encroach in any manner upon the Buffer Zone
established by this Article and no other building may be located thereon
without special permit from the Board of aldermen.
14. Intensity of Use
Where a lot is improved with a dwelling or where living facilities are erected
above stores or in conjunction with stores or other commercial uses, the intensity
of use shall be the same as that in the “A” Single Family District.
Section 400.070 - - Additional Use, Height and Area Regulations
1. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and
spires, church steeples, silos, farm buildings, or necessary mechanical
appurtenances, may be erected to any lawful and safe height, upon approval of the
Board of Aldermen.
2. No accessory building shall be constructed upon a lot until the
construction of the main building has been commenced, and no accessory
building shall be used for dwelling purposes; but such accessory building may be
temporarily used for storage purposes.
3. Every part of a required yard shall be open to the sky unobstructed, except
for accessory buildings in a rear yard, and except for the ordinary projections of
skylights, sills, belt courses, cornices and ornamental features projecting not to
exceed twelve (12) inches. Fences which are permissible under other ordinances
may be erected, excepting on that portion of lots within thirty (30) feet of the
intersection of two or more streets.
4. Open or lattice-enclosed fire escapes, fire-proof outside stairways, and
balconies opening upon fire towers may project into a yard not more than five (5)
feet, and the ordinary projections of chimneys and flues are permitted.
5. An open unenclosed or screened porch, or paved terrace may project into a
front yard for a distance not exceeding ten (10) feet.
! 235
Updated 11.21.2017
6. More than one (1) industrial, commercial, multiple dwelling or
institutional building may be erected upon a single lot or tract, but the yards and
open spaces required around the boundaries of the lot or tract shall not be
encroached upon by any such buildings nor shall there be any change in the
intensity of use requirements.
7. No accessory building shall be used for dwelling purposes.
Section 400.080 - - Set-Back and Building Lines
1. In order to provide adequate light, air, and open space in conformity with
buildings now in existence, and those erected n conformity with the order of the
St. Louis County establishing Building and Set-Back Lines along major
highways, those set-back lines in effect in the City of Lakeshire under the
aforesaid order, shall be observed as hereinafter set forth.
2. The set-back lines herein referred to are measured from the center line of
the highways designated herein.
3. Except as herein provided, no building or structure shall be erected,
reconstructed, or structurally altered in such a manner that any portion of the
building shall project into the area between the center line of the highway and the
set-back lines established by this Chapter.
4. The lawful use of any building, except advertising signs and billboards, all
or part of which may be in violation of this Chapter, may be continued; provided
that no structural alterations shall thereafter be made on that portion of the non-
conforming building between the set-back lines and the center line of the
highway. New buildings to replace destroyed or removed non-conforming
buildings shall conform to the provisions of this Section.
5. The foregoing regulations shall be subject to the following exceptions:
A. The ordinary projection of sills, cornices, eaves, canopies, attached
signs, and ornamental features of a building into the area between the
boundary of the highway and the building line may be permitted for a
distance not to exceed five (5) feet.
B. Open, unenclosed porches, awnings and canopies containing no
signs or advertising, and paved terraces may project beyond the building
lines established by this Chapter for a distance not to exceed ten (10) feet.
! 236
Updated 11.21.2017
C. Bulletin boards and signs not exceeding twelve (12) square feet in
area appertaining to the lease, hire or sale of a building or premises or
products grown o raised on the premises shall be permitted within the area
between the building and set-back line and the right-of-way of the
highway.
D. Poles, wires, pipes, water hydrants and other similar utilities and
necessary appurtenances may be erected, repaired and maintained within
the area between the building and set-back lines and the center of the
highway.
E. Pumps and other necessary mechanical devices, (but not
advertising signs) connected with any lawful structures may be authorized
by special permit from the Board of Aldermen.
F. Roadside stands, and other legal, authorized, temporary structures
may be erected, by special permit from the Board of Aldermen, to be
removed within a period of one (1) year, or such other time as the permit
may stipulate.
G. Where the owner of the premises and holder of encumbrances
thereon agree in writing properly acknowledged for recording, that they
will waive all damages that may result from the taking, destruction or
removal of the building for street purposes, the Board of Aldermen may, to
avoid hardship or to closer conform to existing buildings nearby and for
other special reasons permit some encroachment within the set-back lines
by special permit, if the location of the building will not interfere with
proper and adequate light, air and visibility of nearby buildings and
streets.
6. On Tesson Ferry Road the proposed width is eight (80) feet and the set-
back line is seventy (70) feet from the present center line of said road.
Section 400.090 - - Non-Conforming Uses and Special Permits
1. The lawful use of land for advertising signs and bulletin boards which do
not conform to the provisions of this Chapter shall be discontinued within one (1)
year from the date of the approval of this Chapter, and the use of land for signs
and bulletin boards which become non-conforming by reason of a subsequent
change in this Chapter shall also be discontinued within one (1) year from the date
of the change.
! 237
Updated 11.21.2017
2. The lawful use of a building existing at the time of the effective date of
this Chapter may be continued although such use does not conform to the
provisions hereof. A non-conforming use of a building may be changed to
another non-conforming use of the same or of a more restricted classification.
Whenever a non-conforming use has been changed to a more restricted use or to a
conforming use, such use shall not thereafter be changed to a less restricted use.
3. Whenever the use of a building becomes non-conforming through a
change in the Zoning chapter or district boundaries, such use may be continue as
provided in Section 400.010 of this Chapter.
4. In the event that a non-conforming use of any building or premises is
discontinued, or its normal operation stopped, for a period of one (1) years from
the date of this Chapter, or after its adoption, the use of the same shall thereafter
conform to the use permitted in the district in which it is located.
5. No non-conforming building or use shall be enlarged, extended,
reconstructed or structurally altered, except as may be required by law, unless
such use is changed to a use permitted in the district in which such building or
premises is located.
6. When a building, the use of which does not conform to the provisions of
this Chapter, is damaged by fire, explosion, act of God, or the public enemy, to the
extent of more than sixty (60) percent of its fair market value, it shall not be
restored except in conformity with the district regulations of the district in which
the building is located, unless the Board of Adjustment in order to prevent
hardships, or for other lawful reasons, by special permit grants continuance of the
non-conforming use.
A non-conforming use may be changed to one of a similar or higher
classification, but when a non-conforming use has been changed to a more
restricted use it shall not again be changed to a less restricted use.
7. The Board of Aldermen may by special permit authorize under such
conditions as it may determine, the location of any of the following buildings or
uses or an increase in height of buildings in a district from which they are
prohibited or limited by this Chapter:
A. In the “A” and “B” Single Family District and the “E” Multi
Family District.
(a) Home occupations.
! 238
Updated 11.21.2017
(b) After public hearing the Board of Aldermen may authorize
any other use or variation in the “A” and “B” Single Family
District and the “E” Multi District which is in keeping with the
residential character of the area.
B. In the “L” Local Business District:
(a) Advertising signs.
(b) Community building or temporary housing programs
conducted and supervised by the City, or recreation fields.
(c) Parking lots by special permission of the Board of
Aldermen.
(d) Temporary and seasonal uses, including roadside stands
and recreational and amusement uses.
(e) Private clubs and lodges.
(f) Special permits may be granted, after public hearings, for
the conduct of any business or light industry in conformity with the
general nature of the specified authorized business or light industry
in those districts, provided they are not noxious or offensive by
reason of the omission of odor, dust, smoke, gas or noise.
(g) Wireless telecommunication towers, facilities, antenna
arrays, appurtenances and related structures including but not
limited to television, radio, voice, data and video transmissions,
provided that they comply with the regulations in Section 400.200
et seq.
C. In the “M” Manufacturing and Light Industrial District:
(a) Any local business, commercial or light manufacturing or
light industrial or similar use which in the judgment of the Board
of Aldermen will not adversely affect the welfare of the City or its
inhabitants or property values in the City and adjacent thereto, and
which do not specifically violate the express purposes of and uses
permitted by this Chapter.
! 239
Updated 11.21.2017
(b) Wireless telecommunication towers, facilities, antenna
arrays, appurtenances and related structures including but not
limited to television, radio, voice, data and video transmissions,
provided that they comply with the regulations in Section 400.200
et seq.
8. When public hearings are required under this Section, the Board of
Aldermen shall refer the matter to the Zoning Commission which shall conduct
the hearing. At least three (3) notices must be posted in public places in the City,
one of them upon or near the property to be affected, and as conspicuously as
possible, the notices to be posted at least ten (10) days before the date of the
hearing. After the hearing, the Zoning Commission shall make a written report to
the Board of Aldermen recommending approval or denial of the special permit,
and the Board of Aldermen shall take such report into consideration in granting or
refusing the permit; and if the permit is granted or denied contrary to the
recommendation of the Zoning Commission it must be read three (3) times before
being voted upon, as in the case of an ordinance.
9. Other Uses
The Board of Aldermen by special permit and after public hearing may
authorize any use in a given district not herein specifically provided for which is
in conformity with the general purpose and intent of this Chapter and in keeping
with the existing uses in said community, and shall not create any noxious or
offensive condition by reason or the omission of odor, dust, smoke, gas or noise
or by reason of the height, area of use or appearance of the premises or structure.
10. Structural alterations of non-conforming buildings or small additions
thereto may be authorized by special permit when the non-conforming use will
not be substantially increased within the judgment of the Board of Aldermen, the
alterations or additions will tend to improve conditions in the neighborhood,
decrease noise or other objectionable features, remove unsightly material or
conditions from view.
Section 400.100 - - Building Permits
1. No building shall, hereafter, be erected, reconstructed or structurally
altered nor shall any work be started upon such buildings until a construction
permit has been issued by the Building Commissioner, which permit shall state
that the proposed building complies with all the provisions of this Chapter and the
provision of Section 520.010 of the Lakeshire Municipal Code.
! 240
Updated 11.21.2017
2. No land shall be occupied or used and no buildings hereafter erected shall
be occupied or used in whole or in part for any purposes whatsoever until an
occupancy permit has been issued by the Building Commissioner, stating that the
building and use comply with the provisions of this Chapter and the Housing
Code. The use of any building or part thereof, now or hereafter erected, shall not
be changed, except for single family dwelling purposes (or for a purpose less
restricted) than that heretofore existing, without an occupancy permit. No
building permit shall be issued to make a change unless such changes are in
conformity with the provisions of this Chapter or less restricted than the previous
use.
3. In applying for a building permit, the applicant shall coincidentally make a
preliminary application for an occupancy permit, giving full details as to the
proposed use of the building. Upon completion and approval of the building, the
applicant shall make final application for an occupancy permit. A record of all
construction and occupancy permits shall be kept on file in the Office of the
Enforcement Officer.
4. The fee for construction permit shall be in accordance with the provisions
of the Building Code of the City of Lakeshire.
5. Each application for a construction permit and for an occupancy permit for
the use of land shall be accompanied by a plat, in quadruplicate, the original and
three (3) copies, drawn to scale, showing the actual dimensions of the lot to be
built upon or used, the size, shape and location of the building to be erected, and
such other information as may be necessary to provide for the enforcement of this
Chapter. A record of applications and plats shall be kept in the Office of the
Enforcement Officer.
A. All residential plans must be prepared by a competent draftsman,
showing in scaled detail, floor plans, completely dimensioned, elevations,
from all sides, wall sections, construction details and plot plan. Said
drawings may be either inked on paper, blue prints or ozalid prints and
must be submitted in triplicate.
B. All commercial and industrial plans must be complete in all detail,
including structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data to be
filed. All plans and computations shall bear the seal of a registered
engineer or architect responsible for the design.
! 241
Updated 11.21.2017
6. Every building permit issued shall be valid for a period of six (6) months
or such lesser period as shall be determined upon reasonable cause by the
Building Commissioner. IT the permit is valid for less than six (6) months, the
lesser limit shall be specifically stated on the permit. If the building covered by
the permit cannot be completed within the six month period due to weather or
other difficulties which are not the fault of the permit holder, then upon written
request by the holder, the permit may be extended by the Building Commissioner
for up to two (2) additional sixty (60) day periods. If the building permit expires
prior to the completion of the building, then the applicant must reapply for a new
building permit.
Section 400.110 - - Amendments
1. The Board of Aldermen may amend, supplement, change, modify or
repeal this Chapter after public hearing in relation thereof at which parties
interested and citizens shall have an opportunity to be heard; provided that such
public hearing shall not be required in the case of amendments affecting the
duties, title, authority and office of persons charged with the enforcement of this
Chapter, and having to do with the administration thereof, as distinguished from
the use of land and premises. At least fifteen (15) days notice of the time and
place of such hearing shall be published in a paper of general circulation in the
City.
2. In case of a protest signed and acknowledged by the owners of ten (10)
percent or more either of the area of the land (exclusive of streets and alleys)
included in such proposed change or within the area determined by lines drawn
parallel to and one hundred eighty-five (185) feet from the boundaries of the
district proposed to be changed, such amendment or change shall not become
effective unless approved by three-fourths (3/4) of all the members of the Board
of Aldermen.
3. Any owner of a property or person contracting to buy property or other
person having a substantial interest in the subject of a proposed amendment to this
Chapter, may file an application with the Zoning Commission for a public hearing
on the question of amending this Chapter, to be stated in the written application.
Thereupon the Zoning Commission shall publish notice of the hearing in a
newspaper of general circulation in the City, giving at least fifteen (15) days
notice. The application herein provided for should technically be addressed to the
Board of Aldermen, but any application substantially indicating the reason of the
applicant to have the Zoning amended in any certain particular shall be deemed
sufficient.
! 242
Updated 11.21.2017
4. The hearing provided for in the preceding Section shall be held before the
Zoning Commission which shall, after due consideration, make its report to the
Board of Aldermen recommending either denial or approval or approval with
modification of the change of zoning for which application was made.
5. The Zoning Commission shall make its report to the Board of Aldermen as
soon as possible and in any event not later than thirty (30) days after the hearing.
If the report recommends approval or approval with modification of the proposed
amendment, the Board of Aldermen may proceed without any further notice or
hearing to introduce, consider or pass an ordinance with relation to the change of
zoning considered at the public hearing before the Zoning Commission, and shall
not be bound by the application or by the recommendations of the Zoning
Commission as to the terms of the amendments, and may modify or vary them as
they appear to the best interests of the City and its residents. If the Board of
Aldermen approves a change of zoning after recommendation of denial by the
Board of Zone Commission, the ordinance affecting such change shall require a
two-third (2/3) vote upon final passage.
6. If, after a public hearing, the Zoning Commission recommends denial of
an application for a change of zoning, the applicant may appeal to the Board of
Aldermen for a hearing, and the Board of Aldermen shall accept the matter as
promptly as circumstances permit ans shall cause notice by mail to be sent to
representative persons appearing in the matter in opposition to the proposed
change. Such notices shall be mailed at least three (3) days before the date of the
hearing.
7. The mayor or the Board of Aldermen, by resolution, may refer to the
Zoning Commission for public hearing any amendment to the Zoning Chapter
relating to specific matters or to general provisions of the Chapter which, in the
judgment of the mayor or the Board of Aldermen are advisable or to the best
interests of the City and its residents. When matters are referred to the Zoning
Commission in this manner, it shall proceed to hold a public hearing just as
though an application had been made by an owner or person under contract to buy
or other interested party. Matters referred to the Zoning Commission for hearing
by the Mayor or Board of Aldermen shall require no cost or expense deposit.
8. The Board of Aldermen may also refer the provisions of a proposed
ordinance amending the Zoning Chapter to the Zoning Commission for public
hearing. In such cases, the Zoning Commission in making its report after public
hearings, shall indicate any suggestions it may have as to modification of the
proposed ordinance.
! 243
Updated 11.21.2017
Section 400.130 - - Enforcement, Violations, and Penalties
1. It shall be the duty of the Zoning Enforcement Officer to enforce this
Chapter.
2. In the event of the violation of this Chapter in any manner whatsoever, the
Enforcement Officer or the City of Lakeshire or any interested person may
institute appropriate action or proceedings to prevent the unlawful erection,
construction, reconstruction, alteration, conversion, maintenance or use of
buildings or premises in order to restrain, correct, or abate such violation or to
prevent the occupancy of said building or land, or to prevent any illegal act,
conduct, business or use in violation of this Chapter.
3. Any person violating any of the provision of this Chapter shall be guilty of
a violation, punishable by a fine of not less than Ten Dollars ($10.00) and not
more than Five Hundred Dollars ($500.00) or by imprisonment for not more than
sixty (60) days, or by both such fine and imprisonment, and if any violation
continue after lawful notice of the police or other officials of the City to abate the
violation or desist in the unlawful or improper acts or use, each day that is shall
continue after such notice shall constitute a separate offense.
Section 400.140 - - Zoning Commission
1. There is hereby created in the City of Lakeshire, a Zoning Commission, to
consist of five members; one of whom shall be the Mayor; one of whom may be a
member of the Board of Aldermen, to be appointed by the Board of Aldermen;
and three of whom shall be citizens of the City, qualified by knowledge and
experience to act on questions pertaining to the development of a city plan. The
members shall be appointed by the Mayor with the approval of a majority of the
Board of Aldermen, for a term of two years commencing on the first day of May
and ending on the thirtieth day of April each even numbered year.
2. The Commission may elect such officers as it deems necessary, and adopt
rules of procedure.
3. The Commission shall make annual reports to the Mayor and Board of
Aldermen, covering their investigations, hearings, transactions and
recommendations and such other reports and recommendations relative thereto as
it may deem proper. The Commission shall employ a planner, engineer, clerk and
other persons as may be authorized by the Board of Aldermen, which shall fix
! 244
Updated 11.21.2017
their salaries and the expenses of the Commission by proper appropriations or
ordinance.
4. The Zoning Commission shall consider all proposals to amend or change
the Zoning Chapter, the granting of exceptions, variations, and the questions of
granting or refusing special permits, which may be referred to it by the Board of
Aldermen, and shall report to the Board, in writing, its recommendations thereon,
stating the reason therefore; and the Commission shall perform all other duties
provided by law or ordinance.
5. It shall be the duty of the Members of the Commission to consult with the
County Officials and officials of other cities in order to coordinate and harmonize
the development and planning of the respective communities, and to familiarize
themselves and the procedure and methods of the zoning boards and officials in
other jurisdictions.
6. The building commissioner shall be the enforcement officer of the zoning
regulations, when adopted.
7. The Zoning Commission shall have all of the powers and perform the
duties imposed upon it by statute, and it shall proceed in accordance with the
provisions thereof. IT shall have power to make and enforce rules of procedure
and perform all duties delegated to it by ordinance.
Section 400.150 - - Board of Adjustment
1. There is hereby created a Board of Adjustment. Such Board shall consist
of five members, who shall be freeholders appointed by the Mayor with the
consent of a majority of the Board of Aldermen. The Members of the first Board
shall serve respectively: 1 for 1 year; 1 for 2 years; 1 for 3 years; 1 for 4 years and
1 for 5 years. Thereafter, Members shall be appointed for terms of 5 years each.
2. The Board shall exercise all of the powers provided by the statute and all
other powers delegated to it by the ordinances of this City.
3. The Board of Adjustment shall have power to make and enforce rules of
procedure within the limits fixed by the ordinances of this City.
4. The Board of Adjustment shall have authority to hear proceedings initiated
before it originally to vary the application of the Zoning Code in specific cases to
avoid hardships or where there are practical difficulties in carrying out the strict
! 245
Updated 11.21.2017
Zoning Code of the City, even though no ruling or decision thereon has been
made by an administrative officer or board.
Hearings may also be held on any matter pertaining to the Zoning Code
referred to the Board of Adjustment by the Board of Aldermen, and hearings may
be held hereunder to consider applications for exceptions, variations or
modification in cases where the provisions of the Zoning Code have been
inadvertently or unavoidably violated.
5. The Board of Adjustment shall organize as soon as it is appointed, and
shall adopt by-laws and rules of procedure and perform such other duties as may
be directed by order, resolution or ordinances of the Board of Aldermen.
6. Members of the Board of Adjustment shall be removable for cause by the
Board of Aldermen upon written charges and after public hearing as specified in
the charge.
7. Vacancies shall be filed by the Mayor with the approval of the Board of
Aldermen for any unexpired term. The Board shall elect its own Chairman, who
shall serve for one (1) years.
8. The word “APPEALS” as applied to the Board of Adjustment shall be
construed to mean any original application to the Board of Adjustment for any
variation, modification or relief from the strict terms of the Zoning Code without
the previous ruling of any other Board, officer of agency of the City. In the event
an appeal is taken from the ruling of an officer, board of other agency of the City,
it must be within a reasonable time to be determined by the rules and regulations
of the Board.
9. The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any administrative
official or to permit any variation or departure from the Zoning Chapter.
10. Appeals from the Board of Adjustment may be reviewed by the Circuit
Court as provided by law.
11. In the event no Board of Adjustment has been appointed, the Board of
Aldermen by a majority of its members may elect to act as the Board of
Adjustment subject to the rules and regulations heretofore set out for the Board of
Adjustment in this Zoning Code. Appeals from the Board of Aldermen acting as
the Board of Adjustment shall be to the Circuit Court of St. Louis County
! 246
Updated 11.21.2017
Section 400.155 - - Flood Plain Management Regulation
The flood plain management regulations within the City of Lakeshire shall be as
per the attached Exhibit A.
Section 400.200 – Wireless Telecommunications Facilities
This Section shall be known and may be cited as the "Wireless
Telecommunications Facilities" of the City of Lakeshire, Missouri.
1. Definitions.
In the following list of terms, the definitions provided shall be used throughout this Chapter:
“Accessory equipment” shall mean any equipment serving or being used in
conjunction with a wireless communications facility or wireless support structure. The
term includes utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.
“Antenna” shall mean communications equipment that transmits or receives
electromagnetic radio signals used in the provisions of any type of wireless
communications services, excluding amateur antennas.
“Applicant” shall mean any person engaged in the business of providing wireless
communications services or the wireless communications infrastructure required for
wireless communications services who submits an application.
“Application” shall mean a request submitted by an applicant to the City to
construct a new wireless support structure, for the substantial modification of a wireless
support structure, or for collocation of a wireless facility or replacement of a wireless
facility on an existing structure.
“Appurtenance” shall mean an antenna or other piece of related equipment
affixed to a transmission tower, building, silo, smokestack, light or utility pole, or an
alternative support structure.
“Building permit” shall mean a permit issued by the City prior to
commencement of work on the collocation of wireless facilities on an existing structure,
the substantial modification of a wireless support structure, or the commencement of
construction of any new wireless support structure, solely to ensure that the work to be
performed by the applicant satisfies the applicable building code.
“Collocation” shall mean the placement or installation of a new wireless facility
! 247
Updated 11.21.2017
on a structure that already has an existing wireless facility, including electrical
transmission towers, water towers, buildings, and other structures capable of structurally
supporting the attachment of wireless facilities in compliance with applicable codes.
“Director” shall mean the Building Commissioner of the City of Lakeshire,
Missouri, or his/her designee.
“Disguised Support Structure” shall mean any freestanding, manmade structure
designed for the support of wireless facilities, the presence of which is camouflaged or
concealed as an architectural or natural feature. Such structures may include but are not
limited to clock towers, campaniles, observation towers, pylon sign structures, water
towers, artificial trees, flag poles and light standards.
“Electrical transmission tower” shall mean an electrical transmission structure
used to support high voltage overhead power lines. The term shall not include any utility
pole.
“Equipment compound” shall mean an area surrounding or near a wireless
support structure within which are located wireless facilities.
“Existing structure” shall mean a structure that exists at the time a request to
place wireless facilities on a structure is filed with an authority. The term includes any
structure that is capable of supporting the attachment of wireless facilities in compliance
with applicable building codes, National Electric Safety Codes, and recognized industry
standards for structural safety, capacity, reliability, and engineering, including, but not
limited to, towers, buildings, and water towers. The term shall not include any utility
pole.
“FAA” shall mean the Federal Aviation Administration.
“FCC” shall mean the Federal Communications Commission.
“Height” shall mean the vertical distance measured from the base of a structure at
ground level to its highest point, including the main structure and all attachments thereto.
“Standard Outdoor Advertising Structures” shall mean All signs which
advertise products, services or businesses which are not located on the same premises as
the sign, including billboards, detached pole signs on separate parcels, wall signs and
signs otherwise attached to buildings and/or supported by uprights or braces on the
ground.
! 248
Updated 11.21.2017
R e p l a c e m e n t s h a l l m e a n i n c l u d e s c o n s t r u c t i n g a n e w w i r e l e s s s u p p o r t
s t r u c t u r e o f e q u a l p r o p o r t i o n s a n d o f e q u a l h e i g h t o r s u c h o t h e r h e i g h t t h a t w o u l d n o t
c o n s t i t u t e a s u b s t a n t i a l m o d i f i c a t i o n t o a n e x i s t i n g s t r u c t u r e i n o r d e r t o s u p p o r t w i r e l e s s
f a c i l i t i e s o r t o a c c o m m o d a t e c o l l o c a t i o n a n d i n c l u d e s t h e a s s o c i a t e d r e m o v a l o f t h e
p r e e x i s t i n g w i r e l e s s f a c i l i t i e s o r w i r e l e s s s u p p o r t s t r u c t u r e .
S u b s t a n t i a l m o d i f i c a t i o n s h a l l m e a n t h e m o u n t i n g o f a p r o p o s e d w i r e l e s s
f a c i l i t y o n a w i r e l e s s s u p p o r t s t r u c t u r e w h i c h , a s a p p l i e d t o t h e s t r u c t u r e a s i t w a s
o r i g i n a l l y c o n s t r u c t e d .
1 . I n c r e a s e s t h e e x i s t i n g v e r t i c a l h e i g h t o f t h e s t r u c t u r e b y :
A . M o r e t h a n t e n p e r c e n t ; o r
B . T h e h e i g h t o f o n e a d d i t i o n a l a n t e n n a a r r a y w i t h s e p a r a t i o n f r o m
t h e n e a r e s t e x i s t i n g a n t e n n a n o t t o e x c e e d t w e n t y f e e t , w h i c h e v e r i s
g r e a t e r ; o r
2 . I n v o l v e s a d d i n g a n a p p u r t e n a n c e t o t h e b o d y o f a w i r e l e s s s u p p o r t s t r u c t u r e t h a t
p r o t r u d e s h o r i z o n t a l l y f r o m t h e e d g e o f t h e w i r e l e s s s u p p o r t s t r u c t u r e m o r e t h a n
t w e n t y f e e t o r m o r e t h a n t h e w i d t h o f t h e w i r e l e s s s u p p o r t s t r u c t u r e a t t h e l e v e l o f t h e
a p p u r t e n a n c e , w h i c h e v e r i s g r e a t e r ( e x c e p t w h e r e n e c e s s a r y t o s h e l t e r t h e a n t e n n a
f r o m i n c l e m e n t w e a t h e r o r t o c o n n e c t t h e a n t e n n a t o t h e t o w e r v i a c a b l e ) ;
3 . I n v o l v e s t h e i n s t a l l a t i o n o f m o r e t h a n t h e s t a n d a r d n u m b e r o f n e w o u t d o o r
e q u i p m e n t c a b i n e t s f o r t h e t e c h n o l o g y i n v o l v e d , n o t t o e x c e e d f o u r n e w e q u i p m e n t
c a b i n e t s ; o r
4 . I n c r e a s e s t h e s q u a r e f o o t a g e o f t h e e x i s t i n g e q u i p m e n t c o m p o u n d b y m o r e t h a n
o n e t h o u s a n d t w o h u n d r e d f i f t y s q u a r e f e e t .
U t i l i t y s h a l l m e a n a n y p e r s o n , c o r p o r a t i o n , c o u n t y , m u n i c i p a l i t y a c t i n g i n i t s
c a p a c i t y a s a u t i l i t y , m u n i c i p a l u t i l i t y b o a r d , o r o t h e r e n t i t y , o r d e p a r t m e n t t h e r e o f o r
e n t i t y r e l a t e d t h e r e t o , p r o v i d i n g r e t a i l o r w h o l e s a l e e l e c t r i c , n a t u r a l g a s , w a t e r , w a s t e
w a t e r , d a t a , c a b l e t e l e v i s i o n , o r t e l e c o m m u n i c a t i o n s o r i n t e r n e t p r o t o c o l - r e l a t e d s e r v i c e s .
U t i l i t y p o l e s h a l l m e a n a s t r u c t u r e o w n e d o r o p e r a t e d b y a u t i l i t y t h a t i s
d e s i g n e d s p e c i f i c a l l y f o r a n d u s e d t o c a r r y l i n e s , c a b l e s , o r w i r e s f o r t e l e p h o n y , c a b l e
t e l e v i s i o n , o r e l e c t r i c i t y , o r t o p r o v i d e l i g h t i n g .
! 2 4 9
U p d a t e d 1 1 . 2 1 . 2 0 1 7
W i r e l e s s C o m m u n i c a t i o n s S e r v i c e s h a l l m e a n t o i n c l u d e t h e w i r e l e s s f a c i l i t i e s
o f a l l s e r v i c e s l i c e n s e d t o u s e r a d i o c o m m u n i c a t i o n s p u r s u a n t t o S e c t i o n 3 0 1 o f t h e
c o m m u n i c a t i o n s A c t o f 1 9 3 4 , 4 7 U . S . C . � 3 0 1
W i r e l e s s F a c i l i t y s h a l l m e a n t h e s e t o f e q u i p m e n t a n d n e t w o r k c o m p o n e n t s ,
e x c l u s i v e o f t h e u n d e r l y i n g w i r e l e s s s u p p o r t s t r u c t u r e , i n c l u d i n g , b u t n o t l i m i t e d t o ,
a n t e n n a s , a c c e s s o r y e q u i p m e n t , t r a n s m i t t e r s , r e c e i v e r s , p o w e r s u p p l i e s , c a b l i n g a n d
a s s o c i a t e d e q u i p m e n t n e c e s s a r y t o p r o v i d e w i r e l e s s c o m m u n i c a t i o n s s e r v i c e s .
W i r e l e s s S u p p o r t S t r u c t u r e s h a l l m e a n a s t r u c t u r e , s u c h a s a m o n o p o l e , t o w e r
o r b u i l d i n g c a p a b l e o f s u p p o r t i n g w i r e l e s s f a c i l i t i e s . T h i s d e f i n i t i o n d o e s n o t i n c l u d e
u t i l i t y p o l e s .
5 . P u r p o s e .
T h e p u r p o s e s o f t h i s S e c t i o n a r e t o :
A . P r o v i d e f o r t h e a p p r o p r i a t e l o c a t i o n a n d d e p l o y m e n t o f w i r e l e s s
c o m m u n i c a t i o n s i n f r a s t r u c t u r e t o b e t t e r s e r v e t h e c i t i z e n s a n d b u s i n e s s e s
o f t h e C i t y o f L a k e s h i r e a n d t h e m e t r o p o l i t a n S t . L o u i s a r e a ;
B . M i n i m i z e a d v e r s e v i s u a l i m p a c t s o f w i r e l e s s f a c i l i t i e s a n d s u p p o r t
s t r u c t u r e s t h r o u g h c a r e f u l d e s i g n , s i t i n g , l a n d s c a p e s c r e e n i n g a n d
i n n o v a t i v e c a m o u f l a g i n g t e c h n i q u e s ;
C . E n c o u r a g e t h e u s e o f d i s g u i s e d s u p p o r t s t r u c t u r e s s o a s t o p r o t e c t t h e
A r c h i t e c t u r a l a n d s c e n i c q u a l i t y o f t h e C i t y ;
D . C o m p l y w i t h a p p l i c a b l e l a w i n c l u d i n g t h e F e d e r a l T e l e c o m m u n i c a t i o n s
A c t o f 1 9 9 6 , 4 7 U S C 3 3 2 , a n d t h e M i s s o u r i U n i f o r m W i r e l e s s
C o m m u n i c a t i o n s I n f r a s t r u c t u r e D e p l o y m e n t A c t , 6 7 . 5 0 9 0 e t s e q R S M o .
6 . U s e R e g u l a t i o n s .
P e r m i t t e d , c o n d i t i o n a l a n d a c c e s s o r y u s e s a r e p e r m i t t e d a s f o l l o w s :
P e r m i t t e d U s e s .
S a t e l l i t e e a r t h s t a t i o n s l e s s t h a n s i x ( 6 ) f e e t i n d i a m e t e r a n d r e c e i v e - o n l y h o m e
t e l e v i s i o n a n t e n n a e a r e a l l o w e d a s a c c e s s o r y u s e s i n a l l d i s t r i c t s w i t h o u t a n y p e r m i t a n d
w i r e l e s s f a c i l i t i e s a n d s u p p o r t s t r u c t u r e s w h i c h m e e t a n y o f t h e f o l l o w i n g c r i t e r i a m a y b e
! 2 5 0
U p d a t e d 1 1 . 2 1 . 2 0 1 7
constructed, repaired or modified upon receipt of a building permit issued by the Director
of Planning and Development:
A. Collocation and replacement applications, provided that no permit
may be issued for collocation to a certified historic structure as defined in
section 253.545 RSMo until at least one public hearing has been held by
the Director within 30 days prior to issuance. The Director shall provide
public notice of such public hearing in the same manner as required for
proposed zoning code changes. Such applications are subject to General
Condition F.1. of this section, but no other zoning or land use
requirements, including design or placement requirements, or public
hearing review.
B. The mounting of wireless facilities in or on the roof of any existing
building other than a single-family residence, provided that the building
was not constructed primarily for the support of antennae and provided
that the height of the facilities does not exceed twenty (20) feet from its
mounting and that such use is not otherwise prohibited by ordinance.
C. Wireless facilities or support structures for the operations of a
commercial or public radio or television station licensed by the Federal
Communications Commission or a local, state or federal law enforcement
or emergency agency may be installed as permitted by law in non-
residential districts.
D. The installation or mounting of antennae on any electrical
transmission towers located in any commercial zoning district of the city.
E. The installation of a disguised support structure and related
wireless facilities as part of a building or structure that is otherwise
allowed in the district in which located.
F. Wireless facilities or support structures for the operation of a
licensed amateur radio facility within the city. The permit application must
be accompanied by proof that the applicant or an occupant of the property
is a licensed amateur radio operator.
! 251
Updated 11.21.2017
a. The Director shall issue an amateur radio antenna/ structure
permit if it is determined that: (a) any antenna(s) mounted on a
roof shall not extend more than sixty-eight (68) feet above
grade; (b) any tower-mounted antenna(s) shall not extend more
than sixty-two (62) feet above grade when fully extended; and
(c) the requirements of this section regarding location,
structural components and wiring are complied with. Permits
for ground mounted antennas and supports intended
exclusively for the support of wire antennas which are so
erected as to be readily capable of being relocated from time to
time shall describe the area within which such an antenna or
support may be positioned.
b.Any person desiring to install, erect or maintain an amateur
radio antenna at any height greater than set forth in the
preceding subsection shall file an application therefore with the
Board of Adjustment. No fee shall be required for this
application. The Board of Adjustment may grant a permit to
allow construction to such height as it shall determine if it finds
those topographical circumstances or other operational
parameters of the antenna(s) and the associated radio
equipment so require and that there are adequate provisions to
protect adjoining properties.
c.Wireless facilities or support structures for licensed amateur
radio uses that are ground-mounted shall be located in the rear
of the lot between the rear line of the principal building on the
lot and six (6) feet from the rear lot line. No such antenna, nor
any portion of any base or support therefore, may be closer
than six (6) feet to any lot line; provided, further, that on corner
lots no antenna may be closer to any street than the principal
building.
Conditional Uses. The following uses are permitted under requirements specified
throughout this Chapter.
! 252
Updated 11.21.2017
All wireless facilities and support structures to be installed, built or otherwise
modified that are not expressly permitted by the permitted uses herein, and not prohibited
below.
Prohibited Uses Except as otherwise permitted above:
A. No wireless facilities or support structures shall be permitted in
residentially-zoned districts, other than for licensed amateur radio uses.
B. No wireless facilities or support structures shall be permitted to
have a total height in excess of one hundred (100) feet.
C. Wireless facilities installed on a building shall not exceed twenty
(20) feet from the highest point of the building, other than for licensed
amateur radio uses.
D. Unless a disguised support structure is in the form of a standard
outdoor advertising structure, the placement of advertising or signs on
wireless support structures is prohibited.
7. Dimensional Regulations.
1.Wireless support structures, except disguised support structures,
shall not be located within two hundred (200) feet of any residential
structure.
2.All wireless support structures, except disguised support structures,
shall be separated from any residential structure at least a distance equal to
the height of the support structure plus ten feet. Support structures on
parcels adjacent to residentially-zoned property shall, at a minimum, meet
the setbacks of the applicable zoning district as required for the principal
structure along the adjoining property lines. No support structure may be
placed on residentially-zoned property closer to any residential structures
on adjoining properties than the distance from the support structure to the
principal structure located on the lot on which the support structure is
located.
! 253
Updated 11.21.2017
8. Development Standards.
1. Building Codes and Safety Standards. All wireless facilities and
support structures shall meet or exceed the standards and regulations
contained in applicable state and local building codes, National
Electric Safety Codes, and recognized industry standards for structural
safety, capacity, reliability, and engineering.
2. Regulatory Compliance. All wireless facilities and support
structures shall meet or exceed current standards and regulations of the
FAA, FCC and any other federal or state agency with the authority to
regulate such facilities and support structures. Should such standards
or regulations be amended, then the owner shall bring such facilities
and support structure into compliance with the revised standards or
regulations within six (6) months of the effective date of the revision
unless a different date is established by the controlling agency.
3. Supports. No more than one antenna tower may be erected on any
lot in the city; provided, however, that a support used exclusively for
the support of a wire antenna for a licensed amateur radio facility and
being no wider than six (6) inches at grade and having a height no
greater than fifty (50) feet above grade shall not be considered as an
antenna tower for purposes of calculating the permitted number of
such towers under this subsection.
4. Lighting. Wireless facilities and support structures shall not be
illuminated at night unless required by the FAA or other federal or
state agencies, in which case, a description of the required lighting
scheme will be made a part of the application.
5. Design
a. Wireless facilities and support structures should, to the
extent reasonably possible, be architecturally and visually
compatible with surrounding buildings, structures, vegetation and/
or uses already in the area or likely to exist under the regulations of
the underlying zoning district.
! 254
Updated 11.21.2017
b. Wireless support structures, except disguised support
structures, shall maintain a galvanized steel finish or, subject to the
requirements of the FAA, FCC or any other applicable federal or
state agency, be painted a neutral color consistent with the natural
or built environment of the site.
c. Wireless facilities other than antennae shall have an
exterior finish compatible with the natural or built environment of
the site, and shall also comply with such other reasonable design
guidelines as may be required by the city.
d.Wireless facilities mounted on buildings should be made to
appear as unobtrusive as possible by location as far away as
feasible from the edge of the building and by making them a
color consistent with the natural or building backdrop.
e.Wireless facilities shall be screened by appropriate landscaping
and/or fencing. Wireless support structures shall be surrounded
by a landscape strip of not less than ten (10) feet in width and
planted with materials which will provide a visual barrier to a
minimum height of six (6) feet. Evergreen trees shall be a
minimum of six (6) feet tall and deciduous trees not less than
two and one-half (2½) inches in caliper at time of planting.
f.Said landscape strip shall be exterior to any security fencing. In
lieu of the required landscape strip, a minimum six (6) foot
high decorative masonry fence or wall may be approved by the
city upon demonstration by the applicant that an equivalent
degree of visual screening is achieved.
g.All wiring to or from ground mounted antennas or antenna
towers located more than five (5) feet from the nearest building
wall shall be underground; provided, however, that feed lines
to and from antennas for licensed amateur radio facilities
which must be open to the air in order to operate as designed
(so called "open wire feed lines") need not be enclosed or
located underground.
6. Miscellaneous
! 255
Updated 11.21.2017
a.For any guyed wireless support structure, ground anchors
shall be located on the same parcel as the structure and such
anchors shall meet the setbacks required for accessory buildings
within the zoning district.
b.Vehicle or outdoor storage on the site of any wireless
facilities or support structure is prohibited.
c.On-site parking for periodic maintenance and service shall
be provided at all locations of wireless facilities and support
structures.
d.Any wireless facility or support structure no longer used for
its original communications purpose shall be removed at the
owner's expense. The owner and applicable co-users shall provide
the city with a copy of any notice to the FCC of intent to cease
operations and shall have ninety (90) days from the date of ceasing
operations to remove the facility and/or support structure. In the
case of co-use, this provision shall not become effective until all
users cease operations. Any wireless support structure not in use
for a period of one (1) year shall be deemed a public nuisance and
may be removed by the city at the owner's expense. Removal of
facilities shall not be a condition of approval of any application.
e.Prior to the issuance of a building or conditional use
permit, other than for a collocation or replacement application, the
city may require submittal of easement documents, lease
agreements or other documentation of evidence of the right to
utilize the property for location of wireless facilities and/or support
structures.
9. Time Limits.
All applications regarding wireless facilities and support structures shall be
processed in accordance with the time limits established by sections 67.5090 to 67.5103
RSMo.
10. Fees.
Fees for applications regarding wireless facilities and support structures shall not
exceed the limits established by sections 67.5090 to 67.5103 RSMo.
! 256
Updated 11.21.2017
! 257
Updated 11.21.2017
PROPERTY MAINTENANCE CODE
Chapter 500
Section 500.010 - - Adoption of Property Maintenance Code
The St. Louis County Property Maintenance Code adopted under ordinances
20,851, 21,373 22,015, 22,316, 23,189, 23,190, 23,878, 23,932, and 24,440 and all
subsequent amendments there to as adopted by the St. Louis County Council on April 9,
2002, April 30, 2003, September 15, 2004, May 18, 2005, April 18, 2007, April 18, 2007,
January 14, 2009, April 1, 2009, and July 14, 2010 is hereby adopted as the Property
Maintenance Code of the City of Lakeshire. St. Louis County adopted the ICC
International Property Maintenance Code, Year 2009 Edition, and all supplements
thereto, as published by the International Code Council, Inc. This shall be and is adopted
as the Property Maintenance Code of the City of Lakeshire; and each and all of the
regulations, provisions, penalties, conditions and terms of the ICC International Property
Maintenance Code, Year 2009 edition and all supplements thereto, are made a part of the
Lakeshire Municipal Code as if fully set out in this ordinance. Any amendments to the
ICC International Property Maintenance Code contained in the St. Louis County Property
Maintenance Code shall also amend the Code adopted by the City of Lakeshire.
In addition, any specific provisions contained in this Chapter known as the
Property Maintenance Code, such as the Section 500.080 Prosecution of Violation, as
well as any provisions in the Nuisance, Swimming Pool and Fences and Walls chapters of
the Lakeshire Municipal Code, shall supersede any provisions contained in the St. Louis
County Property Maintenance Code adopted by the City of Lakeshire.
Section 500.020 - - Enforcement or Code Official
For the purposes of this Chapter 500 as well as Chapters 520, 530 and 540, the
Building Commissioner of the City of Lakeshire is hereby designated as the “Code
Official” or the “Enforcement Official” for the City of Lakeshire for the purpose of
enforcing all said Chapters of the Lakeshire Municipal Code. During the temporary
absence or disability of the Building Commissioner, the Mayor, with the approval of a
majority of the members of the Board of Aldermen of the City of Lakeshire, may appoint
an acting “Code and Enforcement Official.”
Section 500.030 - - Enforcement Authority
1. Duties
! 258
Updated 11.21.2017
It shall be the responsibility and duty of the enforcement official and his delegated
representatives to enforce the provisions of the Lakeshire Property Maintenance,
Plumbing, Building, Electrical, Nuisance, Swimming Pool and Fences and Walls
Chapters of the Lakeshire Municipal Code hereinafter referred to as the “Code”.
All references in the Code to the “enforcement official” or “code official” shall
also include his delegated representatives.
2. Inspections
The enforcement official is authorized and directed to make inspections to
determine whether dwellings, dwelling units, rooming units, accessory structures
and premises located within the City of Lakeshire, County of St. Louis, Missouri
conform to the requirements of this Code. For the purpose of making such
inspections, the enforcement official is authorized to enter, examine and survey, at
reasonable times, all dwellings, dwelling units, rooming units, accessory
structures, and premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, accessory structure and its premises shall give the enforcement
official access thereto at reasonable times for the purpose of such inspection,
examination and survey. For the purposes of this Code and the other related
sections of the Lakeshire Municipal Code including, but not limited to, the
Building, Plumbing, Electrical, Nuisance, Swimming Pool and Fences and Walls
Chapters of the Lakeshire Municipal Code, the term “premises” shall mean all
real property within any specific lot within the City as well as all structures,
accessory structures, walls, swimming pools and other appurtenances located on
the real property.
If the owner, occupant or other person in charge of a structure or premises subject
to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts,
or obstructs entry and free access to every part of the structure of premises where
inspection authorized by this Code is sought, the enforcement official may seek,
in court of competent jurisdiction, an order that such owner, occupant, or other
person in charge cease and desist from such interference.
3. Inspections, When Made
Inspections shall be initiated under the following circumstances:
A. Upon application for any occupancy permit for the dwelling unit or
other notification that there will be a change of occupancy of said dwelling
unit.
! 259
Updated 11.21.2017
B. When, on the basis of a complaint, provided however that the
complainant shall, when filing the complaint, advance the normal
inspection fee in order to effect the inspection. If the complaint is a valid
complaint and results in enforcement action for code violations, then the
person responsible for the property shall be liable for the cost of the
inspection and the city will attempt to collect that fee from the responsible
party. Should the city collect the fee from the responsible party, the city
shall return the fee advanced by the complainant. The enforcement
official may also cause in inspection to be made if he reasonably suspects
that a dwelling unit or its premises has code violations.
C. Before or during, as appropriate, the construction, repair or
locating of any structure, structural addition, accessory structure, wall,
swimming pool or other appurtenances upon any property within the City
of Lakeshire when under any provision of the Lakeshire Municipal Code,
a permit is required for such construction, repair or location.
4. Sale of Property
It shall be the responsibility of all owners contemplating the sale of their property
to so notify the City Clerk and request that the enforcement official make an
inspection of the dwelling unit or units contemplated to be sold, so as to
determine if it meets all the requirements of this Code. If any repairs or
replacements are required, the buyer and seller shall determine whose
responsibility it will be to make such required repairs or replacements and inform
the enforcement official, otherwise both buyer and seller shall be responsible for
any violations of the Code.
5. Access By Owner
Every occupant of a structure or premises shall give the owner thereof, or his
agent or employee, access to any part of such structure or its premises at
reasonable times for the purpose of making the inspections, maintenance, repairs,
or alterations as are necessary to comply with the provisions of this Code.
Section 500.040 - - Occupancy Permit Required
1. Permit Required
Except as otherwise provided, it shall be unlawful for any person, group, family
or association to occupy, or for any owner or agent thereof to permit the
occupation of any dwelling, dwelling unit or addition thereto, or pat thereof, for
! 260
Updated 11.21.2017
any purpose until an occupancy permit has been issued by the enforcement
official. The occupancy permit shall not be issued until all violations of this Code
have been eliminated and the property brought into compliance with the Code.
2. Fees
The fee for the inspection of each dwelling unit as required upon a sale or change
of occupancy shall be:
Apartment Unit or Condominium Inspection…………………………..$75.00
Single Family Home Inspection………………………………………..$96.00
First Reinspection (If Required)………………………………………..$00.00
Second Reinspection (If Required until complete compliance)..………$43.00
In the event a multi family building is sold and there is no change in occupancy an
inspection of the building is still required, but there will be only one inspection
fee.
3. Content of Occupancy Permit
The occupancy permit shall state the names, dates of birth, relationships and the
number of occupants of the dwelling unit. It shall be unlawful for any person to
knowingly make any false statement in his application for an occupancy permit as
to the names, ages, relationships or number of occupants of the dwelling unit. No
more than one family shall occupy each dwelling unit and there must be sufficient
space as required by this Code for all members of such family. Family shall be
defined as follows:
One or more persons related by blood, marriage,
adoption, guardianship or duly authorized custodial
relationship or two unrelated people and any children
related to or legally cared for by either of them or a group
of not more than five unrelated individuals living together
as a single housekeeping unit. A family may include, in
addition hereto, not more than two (2) boarders, roomers,
or domestic servants.
All persons who occupy the premises of a dwelling unit must be listed on the
occupancy permit. If there is any change in the persons occupying a dwelling unit
after an occupancy permit is issued and such change would be a violation of the
! 261
Updated 11.21.2017
requirements of the Code, then the existing occupancy permit shall be invalid and
a new permit must immediately be applied for.
At the time the enforcement official makes his initial inspection, he shall
determine the number of occupants which can be housed n the swelling unit
without creating a health or safety hazard. No family, group, association or
corporation occupying a dwelling unit shall exceed said number of occupants
even if all occupants are members of the same family or defined herein.
4. Report Change of Occupancy
Every dwelling unit in which a change of occupancy is to occur must be reported
by the owner to the City Clerk so that the enforcement official may inspect the
structure according to the provisions of this Code. Failure to make such a report
shall constitute a violation of this Code and the person responsible for the failure
shall be subject to the penalties of this Code.
5. Responsibilities of Real Estate Brokers
All real estate brokers, agents, owners, and managers of multiple family dwelling
units and their agents shall report each dwelling unit which is to change
occupancy as in this code defined so that the enforcement official may inspect the
unit according to the provisions of this Code. Failure to register or make such a
report shall constitute a violation of this Code and the person, corporation or
association responsible for the failure shall be subject to the penalties of this
Code.
6. Conditional Occupancy Permit
A conditional occupancy permit may be issued by the enforcement official if, in
his judgment, any deficiencies in structures covered by this Code would not
seriously endanger the health or safety of the occupants or the community and
provided that the owner states that he will correct deficiencies within a specified
time not to exceed 90 days and bring the structure into compliance with the
provisions of this Code. The occupant may then occupy the dwelling unit while
repairs are being made. At such time as a reinspection indicates the dwelling
complies with all the provisions of this Code, an occupancy permit will be issued
as provided above.
Section 500.050 - - Noncompliance With Ordinance-Notice to be Given
Whenever the enforcement official or his delegated representative finds evidence of a
violation of any provision of this Code, he shall give notice of same to the person or
! 262
Updated 11.21.2017
persons responsible hereunder. Such notice shall be in writing and shall include a
statement of the nature of each provision of this Code being violated together with a
statement of the corrective action required to cure such violation. Such notice shall be
served by delivering a copy to the owner, his agent or the occupant, as the case may
require, by sending a copy of the notice by United States mail, or if same cannot be
delivered, by posting a copy of such notice in a conspicuous place in or about the
building affected by the notice. The notice shall be deemed served on the date served or
received or 10 days after posting as herein provided.
Section 500.060 - - Noncompliance with Ordinance
1. Remedy of Defects
If no specific time period to remedy violations is set out in the notice received
under Section 500.050, then the owner of any building shall have 30 days from
the issuance of the notice provided for in Section 500.050 (Noncompliance with
Ordinance-Notice to be Given) n which to remedy the condition therein specified,
except when emergency conditions shall require immediate action as provided in
Section 500.240 (Emergency Measures), provided, however, that the enforcement
official may, at his discretion, extend the time for compliance for work that cannot
be done within 30 days with any such notice.
2. Reinspection
At the time when the defects have allegedly been brought into compliance, the
enforcement official shall reinspect the dwelling, dwelling unit, rooming unit,
accessory structure and its premises. At this time, he shall make a complete
inspection, taking particular notice that the violations previously noted have been
brought into compliance and that no new violations have come into existence in
the time which has elapsed since the first inspection. If new violations have come
into existence, then the enforcement official shall notify the owner or his agent of
such violations and they must be repaired before an occupancy permit may be
issued.
Section 500.070 - - Accessory Structures
1. Supplement to Other Requirements
The purpose of Chapter 500 is to supplement the provisions contained in the St.
Louis County Property Maintenance Code and the BOCA Building Code so that
all provisions concerning such structures contained in those Codes shall remain in
full force and effect except where the provisions of this Chapter conflict with
! 263
Updated 11.21.2017
those Codes in which case the provisions of this Chapter shall control and
supersede the other adopted Codes.
2. Definitions
Accessory structure as used in this Code shall mean all pens, cages, houses or
kennels for an animal, garages, playhouses, screen houses, gazebos, pool houses,
all types of sheds and storage facilities and all other types of buildings separate
and apart from the main structure on the lot whether or not it is attached to the
real estate. Included in this definition are all television, radio or other
communication antennae that are free standing or that are more than 15 feet above
the roof of the main building on the lot where it is to be placed.
3. Permit Required
No accessory structure as defined in this Code shall be constructed, erected,
placed, kept or maintained in the City of Lakeshire except by special permit
issued by the enforcement official and approved by the Board of Aldermen. Any
person desiring such permit shall file a written request with the enforcement
official setting forth in detail the nature and description of the proposed accessory
structure and shall attach to the application a plat showing the location of the
proposed accessory structure. The enforcement official shall determine the effect
of the proposed accessory structure upon the character of the neighborhood,
traffic conditions, interference with peaceful and quiet enjoyment of their property
by other residents of the community, the effect upon light and air and whether or
not noise, community, the effect upon light and air and whether or not noise,
smoke or other unsightly, unhealthy or unsanitary conditions or circumstances
interfering with the peaceful and quiet enjoyment of their property by the other
residents will result from the accessory structure. If the enforcement official
determines that the accessory structure and its use will not be detrimental or
injurious in light of the foregoing, he shall recommend that the Board of
Aldermen grant the special permit and if the Board of Aldermen shall agree with
the findings of the enforcement official it shall issue a special permit setting forth
the conditions, if any, under which the accessory structure may be established,
erected, located, kept and maintained. If the enforcement official determines that
the contemplated accessory structure would be detrimental of injurious in light of
the foregoing, he shall recommend that the Board of Aldermen deny the permit
request and if the Board of Aldermen shall agree with the findings of the
enforcement official it shall deny the request.
4. Standards for Granting Permit
! 264
Updated 11.21.2017
In determining whether an accessory structure conforms with the general
requirements specified in Subsection C, the enforcement official and the Board of
Aldermen shall apply the following listed standards, but said list shall not be
deemed to exclude any other factors the enforcement official or the Board of
Aldermen determines are pertinent to the granting or denial of any permit.
A No accessory structure shall exceed 8 feet in height measured from
the floor slab to the high point of the roof nor shall it exceed 8 feet in
width or 10 feet in length.
B All accessory structures, other than animal houses and small
playhouses of less than 25 square feet in floor area, shall be placed in the
rear yard of each lot. Any person desiring to place an accessory structure
in a side yard shall have the burden of providing the enforcement official
and Board of Aldermen with sufficient grounds to waive the above
requirement on the basis that said alternate location will better meet the
requirements of Subsection C. Consent of all adjacent property owners
shall not in itself constitute “sufficient grounds.”
C All accessory structures, other than animal houses or small
playhouses of less than 25 square feet in floor area, shall be faced with
finished architectural walls acceptable to enforcement official under the
requirements of Subsection C and shall be designed to meet wind, snow
and other load requirements. All such accessory structures shall be
permanently attached to a concrete slab or a suitable foundation.
D It has been determined by the Board of Aldermen that because of
the density of the population and the limited amount of open space
existing in the multiple family zoning district, accessory structures shall be
completely prohibited on any lot containing a multiple family dwelling,
except that permits may be granted for animal houses and small
playhouses of less than 25 square feet in floor area on any lot containing
only a multiple family dwelling which is a duplex if they meet the criteria
specified in this Code. A limited variance from this prohibition may be
obtained from the Board of Aldermen in regard to antennas upon a
showing of need in order to obtain proper television or commercial radio
reception and in regard to other accessory structures if they would not
substantially decrease useable open space and would enhance the aesthetic
appearance of the area.
! 265
Updated 11.21.2017
5 If the Board of Aldermen shall refuse to grant the permit request, then the
aggrieved party may appeal as prescribed in Section 500.080, Subparagraph E of
this Code.
6 Satellite Dish Antennae
A Satellite dish antennae may be installed, erected, and maintained within
the City, but only in accordance with the provisions of this section. The
term “antenna” as used herein shall mean any device incorporating a
reflective surface that is solid, open mesh, or bar configured and is in the
shape of a shallow dish, cone, horn, or cornucopia. Such device shall be
used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or arbitrarily based uses. This device may be external to
or attached to the main building as specified herein.
B General Regulations
a. Every installation of an outside dish antenna shall be
installed and maintained in compliance with the building code.
b. Each installation shall require a building permit.
c. Application for such a permit shall include the submittal of
a site plan which will include distances from street and lot lines,
height above ground, type and amount of proposed screening,
diameter of antenna and other pertinent information as may be
required by the planning and zoning administrator and/or building
commissioner.
d. The owner of a satellite antenna agrees to accept the sole
responsibility for the legal access to a conveyance of satellite
television communications. Said owner agrees to hold the City
harmless from any litigation which may result from unauthorized
commercial use of satellite transmission and agrees to indemnify
the City for expenses incurred as a result of any litigation
involving the City, which may arise from unauthorized commercial
use of satellite transmissions.
e. All installations shall be located to prevent obstructions of
the antenna’s reception window. Each applicant shall include a
diagram which identifies said window and the location of the
installation.
! 266
Updated 11.21.2017
f. Except as otherwise stated below, all antennae shall be
located in the rear yard setback. On corner lots, no antennae shall
extend beyond the front setback lines.
g. Only one (1) satellite dish antenna per lot shall be
permitted.
h. One (1) ground mounted satellite earth station may be
erected per lot to a maximum height of twenty (20) feet above
adjacent ground level, provided:
1. The diameter of such antennae shall not exceed ten
(10) feet.
2. Such antennae shall only be located in the rear yard.
3. The antennae shall be neutral in color and, to the
extent possible, compatible in character and appearance
with the surrounding neighborhood.
i. Satellite dish antennae with a diameter measuring less than
one (1) meter may be installed on the main building in a manner
consistent with typical television antennae.
j. Satellite dish antennae shall be used for private, non-
commercial messages.
Section 500.080 - - Prosecution of Violation
1. Prosecution
In case any violation of this Code is not remedied within the prescribed
time period designated by the enforcement official, he shall request the legal
representative of the City of Lakeshire, Missouri to institute an appropriate action
or proceeding at law against the person, corporation or association responsible for
the failure to comply, ordering him:
A. to restrain, correct or remove the violation or refrain from any
further execution of work;
! 267
Updated 11.21.2017
B. to restrain or correct the erection, installation or alteration of such
building;
C. to require the removal of work in violation;
D. to prevent the occupation or use of the building, structure or part
thereof erected, constructed, installed or altered in violation of or not in
compliance with the provisions of this Code or in violation of a plan or
specification under which an approval, permit or certificate was issued; or
E. to enforce the penalty provisions of this Code.
2. Penalty for Violations
Any person, association or corporation who shall violate any
provision of this Code shall, upon conviction thereof, be subject to
a fine of not less than $25.00 nor more than $1,000.00 at the
discretion of the court. Every day that a violation continues after
due notice has been served in accordance with the terms and
provisions hereof shall be deemed a separate offense.
3. Hearing
In the event that the owner of any dwelling unit shall wish to contest the
determination of the enforcement official that one or more conditions on the
owner’s property constitute violations of the code, then said owner may request a
hearing before the Board of Aldermen of the City of Lakeshire to determine
whether the decision of the enforcement official is correct. Any such request for
hearing must be made within 30- days after the owner receives notice, as set out
in this Chapter, of the violation. Within 30 days after receiving such a request for
hearing, the Board of Aldermen shall set a date for the hearing and give the
requesting party notice thereof. At the hearing, any party may be represented by
counsel, but there shall be no formal rules of evidence and all parties shall have an
opportunity to be heard. All decisions shall be by a majority of the members of
the Board of Aldermen.
After the hearing, if a majority of the members of the Board of Aldermen
determines that the evidence supports a finding that one or more of the conditions
cited by the enforcement official constitute a violation of this Code and are
detrimental to the health, safety or welfare of the residents of the City of
Lakeshire, then the Board of Aldermen shall issue an order to that effect making
specific findings of fact based on competent and substantial evidence. Said order
! 268
Updated 11.21.2017
shall require the repair ore removal of the condition within a reasonable period of
time. If the Board of Aldermen determines that the evidence does not support
such a finding, then no order shall issue and any order of the enforcement official
concerning the disputed condition shall be null and void. Notice of the decision
of the Board of Aldermen and any order they shall issue shall be given in the same
manner as the notice of violation.
4. Special Tax Bill
If any such post-hearing order of the Board of Aldermen is not obeyed within 30
days after its issuance and if appeal of any post-hearing order is not made to the
Circuit Court as provided for in this Code within 30 days after issuance of any
such order, the enforcement official may cause such building condition or
structure to be repaired, removed or demolished as provided in the post-hearing
order. The enforcement official shall certify the costs for such repair, removal or
demolition to the City Clerk or officer in charge of finance who shall cause a
special tax bill therefore against the property to be prepared, filed and collected by
the City Collector or other official collecting taxes. At the request of the taxpayer,
the tax bill may be paid in installments over a period of not more than 5 years.
Said assessment shall bear interest at the maximum rate that the law will allow
until paid. The tax bill shall be a lien on the property until paid.
5. Appeal to Circuit Court of St. Louis County
The decision by the Board of Aldermen may be appealed by a party aggrieved
thereby to the Circuit Court of St. Louis County within 30 days after receipt of
notice of the order.
Section 500.090 - - Emergency Measures
1. Applicability
When any dwelling unit has become so damaged by fire, wind or other causes, or
has become so unsafe, unhealthful or unsanitary that in the opinion of the
enforcement official life or health is immediately endangered by the occupation of
the dwelling unit, the enforcement official is hereby authorized and empowered to
revoke without notice any occupancy permit for such dwelling unit and to order
and require the occupants to vacate the same forthwith. The enforcement official
shall order the owner or agent to proceed immediately with the corrective work
and repairs required to make the dwelling unit temporarily safe and fit for human
habitation whether or not a notice of violation has been given as described in this
! 269
Updated 11.21.2017
Code and whether or not legal procedures described in the Lakeshire Municipal
Code have been instituted.
2. Procedures
In the event the enforcement official determines that there is an immediate danger
to the health, safety or welfare of any person, he may take emergency measures to
vacate and repair the structure or otherwise remove the immediate danger.
Section 500.100 - - For Notification to the City by Union Electric Company when there is a
Successor of Existing Utility Service
For any month when there is a change of use or residential or non-residential
electric service within the City of Lakeshire, Union Electric Company shall notify the
Occupancy Permit Coordinator (or appropriate official designated by the Building
Commissioner) of the City within seven (7) working days after the end of the month of
said changes, indicating the address and apartment or unit number, and the name(s) of
electric user(s) per service and address and apartment or unit number in whose name
service is connected or billed.
Union Electric Company shall submit annually to the City an invoice for its cost
associated with this ordinance. The initial cost of the service shall not exceed One
Hundred and Fifty Dollars ($150.00). Future price increases, if any, will only reflect the
actual cost incurred by Union Electric Company to provide this service. The City shall
pay to Union Electric Company the amount of the invoice within thirty (30) days of
receipt.
Section 500.250 - - Garage or Estate Sale Permits
Any person, company or corporation desiring to conduct a garage or estate sale of
personal property items shall first apply for a permit from the City Clerk of the City of
Lakeshire at least three days prior to the date or dates specified for the garage or estate
sale. Said permit application shall state the name of the person, company or corporation
desiring to hold said sale, the date or dates of the sale, and the location of the sale.
The cost of said garage sale permit shall be $5.00 for one or two consecutive days
or $10.00 for two days which are not consecutive. No garage or estate sale shall exceed
four days in duration, and there shall be a limit of two garage or estate sales per year per
family.
! 270
Updated 11.21.2017
There shall be no more than two signs advertising said garage or estate sale within
the City of Lakeshire, excepting such signs as are on the property where the sale is
conducted. All garage or estate sale signs shall not exceed two feet in height and three
feet in width, and shall be removed within three (3) hours after the termination of the
garage or estate sale.
Section 500.255 - - Prohibition on the Collection and Discharge of Storm Water onto City Streets
without a Permit
1. No person, company or corporation shall cause or permit the installation
or creation of a Storm water collection system or apparatus of any type which
collects and discharges Storm water either upon the streets or alleys, or closer to
any street or alley than one-half the distance between the edge of the street or
alley and the front building line of the lot, without first obtaining a permit from
the City of Lakeshire. Said distance is to be measured at the point where the front
building line is closest to the edge of the street or alley. Further, if such collection
system or apparatus creates a discharge of Storm water at a distance farther from
the street or alley than above specified, but the Storm water discharge results in
erosion on the City’s easements and rights-of-way, or undermining of the streets
or alleys by erosion, or causes an excessive amount of water flowing onto the
City’s streets or alleys in a given area, then the installation or use of such a Storm
water collection system or apparatus is hereby prohibited without first obtaining a
permit from the City of Lakeshire.
2. The word “discharge” for the purposes of this ordinance shall be defined
as the release of Storm water at the termination point or points of the Storm water
collection system or apparatus.
3. If the Lakeshire Street Commissioner determines that the Storm water
collection and discharge system does not result in (1) erosion on the City’s
easements and rights of way, (2) undermining of the streets or alleys by erosion,
or (3) excessive amounts of water flowing onto the City’s streets or alleys in a
given area, then the Street Commissioner shall recommend to the Board of
Aldermen that a permit for the system be granted. The Board of Aldermen, using
the above-listed criteria, shall then determine whether a permit shall be issued.
4. If the Street Commissioner or the Board of Aldermen determines that a
Storm water collection and discharge system violates one or more of the criteria
set out in Paragraph C and, therefore, denies a permit, then the property owner
requesting said permit may request a hardship exception from the criteria based
on the grounds that a particular natural drainage condition or a special
! 271
Updated 11.21.2017
topographical or building condition creates an undue hardship on the property
owner or other adjacent owner if the Storm water cannot be collected and
discharged upon or near the City’s streets or alleys. The Street Commissioner
shall recommend to the Board of Aldermen whether such special exception shall
be granted, and the Board of Aldermen shall determine, based upon the grounds
specified in this ordinance, whether a special exception shall be granted. Said
special exception shall specify the grounds for granting it, and shall state
specifically to what extent the limitations of this ordinance shall not be applied. A
special exception shall not be granted, even upon a showing of undue hardship, if
granting the exception would endanger the health, safety or welfare of the
residents of the City of Lakeshire.
5. In the event an existing Storm water collection and discharge system is
found by the Street Commissioner to violate the criteria specified in Paragraph C,
then the Street Commissioner shall notify the property owner of such violation,
specify the corrective action required, and give the property owner a reasonable
time to effect such corrective action. A property owner who receives such a
notification may request an exception to the criteria, using the procedure set out in
paragraph D. The fact that a permit was previously granted to the landowner
when the Board of Aldermen determined that the system did not violate the
criteria set out in Paragraph C, or that an existing collection and discharge system
did not violate the criteria at the time this Section was enacted, shall not prevent
or limit the Street Commissioner or the Board of Aldermen from later determining
that a change of conditions has caused the collection and discharge system to be
in violation of the terms of this Section of the Lakeshire Municipal Code and
requiring the landowner to correct the violation. In the vent there is a change of
condition so that a special exception granted under Paragraph D shall constitute a
danger to the health, welfare or safety of the residents of Lakeshire, or shall cause
damage to City property, then said special exception may be resolved by the
Board of Aldermen after a hearing before the Board of Aldermen at its next
regularly scheduled meeting.
6. Any person, company or corporation who shall violate the terms of this
ordinance shall be fined not more than One Hundred Dollars, and each day the
violation shall continue shall be considered a separate violation.
Section 500.260 - Prohibiting the Installation and Limiting the Repair of Driveway Extensions
Into the Streets, Alleys, Street Gutters and Curbs
1. No person, company or corporation shall cause or permit the installation
or construction of an extension of any driveway by means of placing asphalt,
! 272
Updated 11.21.2017
concrete or other paving material onto the streets, alleys, street gutters or curbs of
the City of Lakeshire without a written permit from the City of Lakeshire.
2. No existing driveway extension which is presently located on the streets,
alleys, street gutters or curbs of the City of Lakeshire may be repaired or extended
in any manner which would increase the length, width or height of the existing
driveway extension (except that normal liquid asphalt sealing materials may be
applied to the existing surface) without a written permit from the City of
Lakeshire.
3. If, in the opinion of the Street Commissioner, any existing driveway
extension which is located on the streets, alleys, street gutters or curbs of the City
of Lakeshire constitutes a traffic hazard or a storm water impediment, or if the
extension is so deteriorated as to be unsightly in the opinion of the Street
Commissioner, then the Street Commissioner, upon approval by the Mayor, may
have the driveway extension removed at the City’s cost.
4. It shall be unlawful for any person to construct, repair or maintain a
driveway extension as prohibited by this Section, and any person who does so
shall be subject to a fine not to exceed $500.00. Each day such violation
continues shall be deemed a separate offense, for which a separate fine not to
exceed $500.00 per day may be assessed by the Municipal Court.
Section 500.265 – Maintenance and Replacement of Driveway
1 Driveway Surfaces
Driveway surfaces shall be constructed of concrete, bituminous (asphalt) or
similar materials approved by the Building Commissioner before any paving occurs.
2. Maintenance
It shall be the duty of the property owner of a driveway to keep the same in a
proper state of repair and free from hazardous or unsightly conditions.
3. Specifications
All driveways shall be constructed in compliance with the specifications
contained in the International Building Code and the requirements set forth below.
A. No driveway shall be so constructed or graded as to leave a steep, sharp
depression or other obstruction on the sidewalk. The grade shall be as nearly as
possible the same as that of the adjoining sidewalk.
B. These specifications shall be applicable to new, reconstructed or expanded
driveways. No property owner shall conduct reconstruction in phases in an
attempt to classify the reconstruction as routine maintenance.
! 273
Updated 11.21.2017
C. Concrete driveway surfaces shall be a minimum of three and a half (3 ½)
inches thick.
D. Bituminous (asphalt) driveways shall be a minimum of three (3) inches
thick. Bituminous driveways may be reduced to two and a half (2 ½) inches when
placed over a minimum four (4) inch rock base.
E. Driveways shall be designed so that storm water is not directed onto
adjacent properties or to any structure on the property.
F. Driveways shall be designed so that at any point along the driveway,
including the apron, the bottom of the vehicle with a minimum ground clearance
of six (6) inches measured at any point on the vehicle does not scrape the
driveway.
G he surface finish of any driveway that crosses the sidewalk must not be
constructed of materials that render it slippery or hazardous to pedestrians.
4 Existing Gravel Driveways
Existing gravel, chat, or similar material driveways must be properly maintained
but not expanded.
A. Expansion of any gravel driveway will require the entire driveway to be
surfaced in accordance with the construction specifications of subsections A and
C of this Section and the International Building Code.
B. An existing gravel driveway that causes a nuisance by flowing onto
adjoining property, sidewalk or street shall be surfaced in accordance with the
construction specifications of subsections A and C of this Section and the
International Building Code.
5. Variation
The Building Commissioner may approve variations from the above
specifications upon finding that the driveway configuration adequately addresses
issues including, but not limited to storm water runoff and the general welfare of the
community.
6. Appeals
Determinations of the Building Commissioner may be appealed to the Board of
Adjustment within thirty (30) days of a final determination of the Building
Commissioner being filed with the Clerk of the City of Lakeshire. Notice of such
a final determination shall be sent via U.S. Mail to the last known address of the
property owner(s) affected by the decision.
Section 500.270 - Decontamination of Certain Structures Where Methamphetamine Has Been
Produced
1. Purpose
! 274
Updated 11.21.2017
Pursuant to the Lakeshire Property Maintenance Code, the following standards,
requirements and protocols are established for the cleanup of illegal laboratories used to
manufacture methamphetamine which property owners are required to meet.
2. Applicability
The requirements of this Section apply when the owner of property that has been
posted as an unsafe structure receives notification from the Code Official of the City of
Lakeshire that chemicals, equipment, or supplies indicative of a drug laboratory were
located at the property, or when a drug laboratory is otherwise discovered, and the owner
of the property where the drug laboratory was located has received notice.
3. Definitions
For the purposes of this Section, the following terms shall be deemed to have the
prescribed meaning:
Agent of the Owner - A current employee or representative of the owner of record who
was in the employ of that owner at the time the property was determined to be an illegal
drug manufacturing site; or is a current employee or representative of any new owner and
who was a representative.
Building - A structure which has the capacity to contain humans, animals, or property.
Chemical Storage Area - Any area where chemicals used in the manufacture of
methamphetamine are stored or have come to be located.
Code Official – The Building Commissioner of the City of Lakeshire. See Section
500.020.
Contaminant - A chemical residue that may present an immediate or long-term threat to
human health and the environment.
Contamination or Contaminated - The presence of chemical residues which may present
an immediate or long-term threat to human health or the environment.
Contractor - One (1) or more qualified individuals or commercial entities hired to
perform work in accordance with the requirements of this protocol.
Cooking Area - Any area where methamphetamine manufacturing is occurring or has
occurred.
Decontamination - The process of reducing the level of contamination to the lowest
practical level using currently available methods. At a minimum, decontamination must
reduce contamination of specified substances below the concentrations allowed by this
protocol.
Disposal - Handling, transportation and ultimate disposition of materials removed from
contaminated properties.
! 275
Updated 11.21.2017
Documentation- Preserving a record of an observation through writings, drawings,
photographs, or other appropriate means.
Functional Space - A space where the spread of contamination may be expected to occur
relatively homogeneously, compared to other functional spaces. The "functional space"
may be a single room or a group of rooms designated by an inspector who, based on
professional judgment, considers the space to be separate from adjoining areas with
respect to contaminant migration. Typical examples of functional spaces include a crawl
space, an attic, and the space between dropped ceiling and the floor or roof deck above.
Media - The physical material onto which sample substrate is collected. Media includes
gauze, glass fiber filters, etc.
Methamphetamine - Dextro-methamphetamine, levo-methamphetamine, and unidentified
isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any
mixture of unidentified isomers of methamphetamine. The term includes derivatives,
conjugates, oxides and reduced forms of the basic structure associated with the formation
of methamphetamine. For the purposes of this protocol, this term includes amphetamine,
ephedrine and pseudo ephedrine.
Person - Any individual, public or private corporation, partnership, or association.
Property - Anything that may be the subject of ownership or possession, including, but
not limited to, land, buildings, structures, vehicles and personal belongings.
Property Owner - For the purposes of real property, the person holding fee title to real
property. "Property owner" also means the person holding title to a manufactured home.
With respect to personal property, the term means the person who lawfully owns such
property.
Removal - The taking out or stripping of material or surfaces to eliminate the potential for
exposure to contaminants on or in the material or surfaces.
Substrate - The material being collected. Substrates may include soils, water, painted
surfaces, carpet or carpet debris, unidentified powders, dust, etc.
Unsafe Structure - Any structure, building or premises that have the defects or
characteristics contained in Section 116, International Building Code, and thereby
constitute a hazard to safety, health or public welfare.
Vacuum Sample - A non-airborne dust sample collected from a known surface area of a
porous surface or material using standard micro-vacuum sampling techniques.
Waste Disposal Area - Any area where chemicals used or generated in the manufacture of
methamphetamine are disposed or have come to be located.
Wipe Sample - A surface sample collected by wiping a sample media on the surface being
sampled.
1. Assessment
! 276
Updated 11.21.2017
When law enforcement personnel discover property where methamphetamine has
been produced, or where the equipment and chemicals to produce methamphetamine are
present in sufficient quantities to warrant enforcement action, they will take samples
using a methamphetamine field test kit. The field test used shall be of the type approved
by law enforcement officials, industry experts and the courts, and shall measure the
presence of methamphetamine residue on surfaces at a level that is at least as high as the
level established in Subsection (F) below. This assessment shall be performed by
personnel who the City’s Chief of Police has determined are appropriately trained and the
assessment shall include, but not be limited to, the following:
A. Assessment of the number and type of structures present on the property where
methamphetamine may have been produced.
B. Identification of structural features that may indicate separate functional
spaces, such as attics, false ceilings and crawl spaces, basements, closets and cabinets.
C. Identification of the manufacturing methods based on observations, reports
from law enforcement personnel and knowledge of manufacturing methods.
D. Identification of possible areas of contamination based on visual observation,
reports from law enforcement personnel, proximity to chemical storage areas, waste
disposal areas, or cooking areas, signs of contaminations such as staining, etching fire
damage, outdoor areas of dead vegetation or based on the professional judgment of the
person collecting the samples.
E. Identification of adjacent units and common areas to determine the likelihood
that contamination has spread or may have been tracked.
F. Identification of common ventilation systems with adjacent units or common
areas.
On the basis of the analysis of these areas and the judgment of the person
collecting the data, a sampling plan will be formulated to determine the areas with the
greatest probability of containing the highest possible concentrations of contaminants.
Samples will be taken with techniques that are appropriate for the surface being sampled
using media and testing kits designed to detect the presence of methamphetamine, the
results of which are determined at the time the samples are collected.
If the field test reveals the presence of methamphetamine at levels in excess of the
levels established herein, the structure shall be considered unsafe for human habitation
and it will be posted as an unsafe structure by the Code Official. A structure or unit that is
posted as unsafe shall not be occupied until the Code Official orders that status removed.
2. Procedure for Assessment, Sampling and Testing.
! 277
Updated 11.21.2017
A. While posting of the structure constitutes notice, the Code Official shall also
attempt to contact the owner of record of the affected property, or the owner's agent, by
sending a certified letter. Whether the certified mail is collected or the regular mail is
returned to the Code Official as undeliverable, the City shall proceed on the basis of the
posted notice.
B. Notice shall inform the owner to contact the Code Official to establish a
schedule for decontaminating the structure. If the owner does not contact the City within
the time specified in the notice, the Code Official may request AmerenUE to disconnect
the electric service to ensure the structure is not re-occupied until decontamination is
performed.
C. If the owner contacts the City within the prescribed period, the owner may
request permission to have the property retested. If the owner chooses to retest the
property, the owner must employ the services of a company that the Code Official shall
determine is qualified to perform sampling and to analyze the samples. If the owner
chooses to hire a company to collect new samples, a trained law enforcement officer for
the City must be present when the samples are taken and the owner shall pay an
inspection fee of forty dollars ($40.00), payment of which must be made prior to removal
of the unsafe structure declaration. The results of the analysis shall be provided to the
Code Official.
D. Testing shall be performed in accordance with the appropriate Sections of the
U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine
Laboratory Cleanup, August, 2009.
3. Contamination Levels
A structure will be considered unsafe and non-compliant if it is found to contain
more than the following levels of any of these chemicals:
1. Methamphetamine in a concentration equal to or greater than 0.1 µgram/100
cm2.
2. If it is determined that the phenyl-2-propanone (P2P) method of
methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft2
and vapor samples for Mercury in excess of 50 ng/m.
4. Decontamination
A. If testing reveals the presence of contamination in levels that exceed the
standards set forth in this Section, the owner is required to hire a qualified Contractor to
decontaminate the structure and shall advise the Code Official of the schedule for
decontamination. At a minimum, to be qualified to perform decontamination, contractors
and all personnel must have completed the forty (40) hour Hazardous Waste Operations
! 278
Updated 11.21.2017
and Emergency Response (HAZWOPER) training [Occupational Safety and Health
Administration (OSHA) 29 CFR 1910] and a clandestine drug lab assessment and
decontamination course that is provided by a sponsor acceptable to the Code Official.
B. The schedule for the work and evidence that the contractor has met the
minimum training requirement must be submitted for approval to the Code Official
within seven (7) business days of the posting of the Notice. Approval will be based solely
on the timeliness of the schedule and the qualifications of the Contractor. Approval or
rejection of the schedule will be provided within three (3) business days of submission. If
rejected, the owner will be informed of specific reasons for the rejection and will be
required to amend the schedule or the proposed contractor. Decontamination shall be
performed in accordance with the appropriate Sections of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup
(August, 2009).
C. If the owner of property determined to be in violation of the minimum
allowable levels of chemicals as provided in this protocol fails to voluntarily mitigate the
violation, the Code Official may serve a notice of violation and proceed in accordance
with Section 114 of the International Residential Code or may declare the structure as
unsafe and proceed in accordance with Sections 112 and 116 of the International Building
Code. The Code Official may request AmerenUE to disconnect electrical service until the
decontamination is complete.
5. Post-Decontamination Sampling
When the owner arranges for decontamination, following the completion of the
work, the owner will notify the City that work is complete and schedule a time for post-
remediation testing. The structure must be tested in the presence of a trained law
enforcement officer for the City. The owner must provide test results as evidence that the
property is compliant with this regulation. Should the results of the post-remediation
sampling show the presence of methamphetamine in excess of the standards established
by this Chapter, further steps shall be taken to decontaminate the structure and additional
testing shall be done in the presence of a trained law enforcement officer for the City.
Each time an inspector for the City is present, the owner shall pay an inspection fee of
forty dollars ($40.00). The post-remediation sampling and testing must be performed by a
company the Code Official has determined to be qualified and done in accordance with
the appropriate Sections of the U.S. Environmental Protection Agency Voluntary
Guidelines for Methamphetamine Laboratory Cleanup, August, 2009.
6. Final Action
After the property has been decontaminated and the Code Official is in possession
of evidence that the pertinent chemical levels are below the levels established by this
regulation, the structure will be considered safe and suitable for human habitation. If
! 279
Updated 11.21.2017
electric service has been disconnected, the Code Official will notify AmerenUE that the
unsafe condition has been mitigated and service can be restored. The property owner
shall be responsible for any re-connection fees.
7. Penalties
Any Person violating any of the provisions of this Section shall, upon conviction,
be subject to all penalties provided for violation of City Ordinances.
INTERNATIONAL RESIDENTIAL CODE
Chapter 510
Section 510.010 – Adoption of International Residential Code.
The St. Louis County Residential Code adopted under ordinances 22,314, 22451,
22689, and 24,427 and all subsequent amendments there to as adopted by the St. Louis
County Council on May 18, 2005, September 7, 2005, March 9, 2006, and July 16, 2010
is hereby adopted as the Residential Code of the City of Lakeshire. St. Louis County
adopted the ICC International Residential Code for One- and Two-Family Dwellings,
2009 edition, and all supplements thereto, as published by the International Code
Council, Inc. This shall be and is adopted as the Residential Code of the City of
Lakeshire; and each and all of the regulations, provisions, penalties, conditions and terms
of the ICC International Residential Code for One- and Two-Family Dwellings, Year
2009 edition and all supplements thereto, are made a part of the Lakeshire Municipal
Code as if fully set out in this ordinance. Any amendments to the ICC International
Residential Code for One- and Two-Family Dwellings contained in the St. Louis County
Residential Code shall also amend the Code adopted by the City of Lakeshire.
Section 500.300 Tree Preservation and Restoration Requirements
1. Definitions
For purposes of this Section, the following definitions apply:
“Critical Root Zone” An area drawn for each tree surveyed which represents the average
root system. The average root system extends beyond the drip line extending from the outer
surface of a tree's branch tips to the ground. Critical root zones vary depending upon tree species,
tree size, soils and moisture level, but shall be deemed to incorporate a distance of ten (10) feet
beyond the defined boundary of the drip line.
“Disturb”: Intentionally or unintentionally removing, destroying or killing a tree.
! 280
Updated 11.21.2017
F a i r C o n d i t i o n : A t r e e h a v i n g a l i f e e x p e c t a n c y o f g r e a t e r t h a n f i f t e e n ( 1 5 ) y e a r s , a
r e l a t i v e l y s o u n d a n d s o l i d t r u n k w i t h n o e x t e n s i v e d e c a y , n o m o r e t h a n o n e ( 1 ) m a j o r a n d s e v e r a l
m i n o r d e a d l i m b s ( h a r d w o o d s o n l y ) a n d n o m a j o r i n s e c t o r d i s e a s e p r o b l e m s .
G r a n d T r e e : A t r e e i n f a i r o r b e t t e r c o n d i t i o n w h i c h h a s a m i n i m u m h e i g h t o f t h i r t y
( 3 0 ) f e e t a n d w h i c h e q u a l s o r e x c e e d s t h e f o l l o w i n g d i a m e t e r :
1 . L a r g e h a r d w o o d s ( i n c l u d i n g o a k s , h a r d m a p l e s , h i c k o r i e s , s y c a m o r e s , e l m s , a s h ,
d o g w o o d s , m a g n o l i a s , e t c . ) t w e n t y - f o u r ( 2 4 ) i n c h D B H .
2 . L a r g e s o f t w o o d s ( p i n e s , c e d a r s , f i r s , s p r u c e s , e t c . ) t w e n t y ( 2 0 ) i n c h D B H .
N o t w i t h s t a n d i n g t h e f o r e g o i n g , g r a n d t r e e s s h a l l n o t i n c l u d e b o x e l d e r , s i l v e r m a p l e , s w e e t g u m ,
m u l b e r r y , g r e e n a s h , m o u n t a i n a s h , b l a c k l o c u s t , p o p l a r , c o t t o n w o o d o r w i l l o w t r e e s .
N e w C o n s t r u c t i o n A c t i v i t y : C o n s t r u c t i o n o f a s t r u c t u r e o n a s i t e w h e r e n o p r e v i o u s
b u i l d i n g e x i s t s a t t h e c o m m e n c e m e n t o f t h e c o n s t r u c t i o n a c t i v i t y o r w h e r e a t l e a s t f i f t y p e r c e n t
( 5 0 % ) ( a s m e a s u r e d b y r e f e r e n c e t o f l o o r a r e a o f t h e g r o u n d f l o o r o f t h e s t r u c t u r e ) o f a n e x i s t i n g
s t r u c t u r e i s d e m o l i s h e d a s p a r t o f t h e c o n s t r u c t i o n a c t i v i t y i n o r d e r t o a c c o m m o d a t e a n e w
s t r u c t u r e o r r e p l a c e m e n t o r e x p a n s i o n o f t h e e x i s t i n g s t r u c t u r e .
T r e e C a n o p y C o v e r a g e : T h e a r e a i n s q u a r e f e e t o f a t r e e '