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BULLET St. Louis City Charter Article I Incorporation*

St. Louis City Charter has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis Missouri City Charter may be obtained from the Register's Office at the St. Louis City Hall.


Article I
Incorporation*

* City Counselor Ops.: 8513-A, 9228

Section 1 Body corporate; seal; enumeration of powers.

The inhabitants of The City of St. Louis, as its limits now are or may hereafter be, shall be and continue a body corporate by name "The City of St. Louis," and as such shall have perpetual succession, may have a corporate seal, and sue and be sued.

It shall have power:

Constitution:

Art. 6 32(a) Amendment of Charter of St. Louis

Art. 6 32(b) Revision of Charter of St. Louis

City Counselor Ops.: 10236

Cases:

When the city is sued as a joint tort feasor, joinder of other joint tort feasors can be required. Kilroy v. City of St. Louis, 145 S.W. 769, 242 Mo. 79 (1912).

The city derives its power from its charter which must be consistent with the Constitution and state laws. State v. Armstrong, 286 S.W. 705, 315 Mo. 298 (1926).

It is presumed that the city considers the public interest when it passes ordinances regulating and licensing occupations. Ex parte Tarling, 241 S.W. 929 (1922).

The city's powers to license and regulate occupations under its charter are as broad as those conferred by statute. Ex parte Tarling, 241 S.W. 929 (1922).

McQuillin:

Ch. 3 Creation of Municipal Corporations

(1) General and special taxes. To assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation.

Constitution:

Art. 10 Taxation.

Art. 6 23 et seq. Local Finances

V.A.M.S.:

137.485--137.550 Property taxes

92.010 et seq. Generally, taxation in St. Louis and Kansas City

City Counselor Ops.: 8050, 8067, 8242, 9746, 10123, 10508

Cases:

Absent express statutory authority the city's Board of Equalization cannot change the valuation of merchant's property. State v. Alt, 123 S.W. 883, 224 Mo. 493 (1909).

City cannot tax shares of stock held by resident in foreign corporation whose property is out of state and not subject to state taxation. State v. Lesser, 141 S.W. 888, 237 Mo. 310 (1911).

This subsection is not limited to property taxes but includes persons and objects subject to license taxes. Automobile Gasoline Co. v. City of St. Louis, 32 S.W. 2d 281, 326 Mo. 435 (1930).

This subsection permits the city to levy any tax not contrary to other charter constitutional or statutory provisions. State v. Blaine, 58 S.W. 2d 975, 332 Mo. 582 (1933).

The statutory requirement that occupations must be named in the charter applies only to license taxes on occupations (selling gasoline) and not excise taxes or privileges (storing gasoline). State v. Blaine, 58 S.W. 2d 975, 332 Mo. 582 (1933).

Authority for city to tax for revenue must be specific or clearly implied. Carter Carburetor Corporation v. City of St. Louis, 203 S.W. 2d, 356 Mo. 646 (1947).

A tax exceeding statutory limits was illegal and punishment could not be imposed for refusal to pay. Ex parte Tarling, 241 S.W. 929 (1922).

St. Louis has the power to levy and collect, as a license fee, a tax on restaurants to promote conventions and tourism. Ruggeri v. City of St. Louis, 441 S.W. 2d 361 (1969).

Fact that Federal and State agencies exempt facility from income or other taxes is immaterial to issue of whether in constitutional sense it is used for purely charitable purpose and is therefore exempt from taxation. Defendant's Townhouse, Inc. v. Kansas City, 441 S.W. 2d 365 (1969).

McQuillin:

Ch. 44 Taxation

(2) Classifications for taxation. To adopt such classifications of the subjects and objects of taxation as may not be contrary to law.

City Counselor Ops.: 8067, 8242, 8748

Cases:

The city is authorized to classify taxable occupations (merchants) for license taxes. Automobile Gasoline Co. v. City of St. Louis, 32 S.W. 2d 281, 326 Mo. 435 (1930).

The classification must be reasonable in fact; the validity is determined by general law. Edmonds v. City of St. Louis, 156 S.W. 2d 619, 348 Mo. 1063 (1941).

License tax imposed on gas company was a valid subclassification of merchants although there was only one member of the class. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).

McQuillin:

44.19--44.22 Uniformity

(3) Special assessments. To make special assessments for local improvements.

V.A.M.S.:

Ch. 98 Public works and special assessments therefor condemnation

Cases:

Special assessments can only be made for local improvements. Memorials are not local improvements and will not support special assessments on adjacent properties. City of St. Louis v. Pope, 126 S.W. 2d 1201, 344 Mo. 479 (1938).

McQuillin:

Ch. 38 Special Taxation and Local Assessments

(4) Contracts. To contract and be contracted with.

V.A.M.S.:

432.070--432.080 Contracts

City Counselor Ops.: 8157A, 8185, 9746, 9987

Cases:

The city is authorized to make leases, and will be bound by their terms. American Press v. City of St. Louis, 284 S.W. 482, 314 Mo. 288 (1926).

McQuillin:

Ch. 29 Contracts in General

History:

Submission Ordinance No. 56860

Submission Ordinance Approved November 27, 1974.

Amendment Substance: repeal paragraph (4) of Section 1, relating to contracting powers of the City; enacting a new paragraph (4) of Section 1, relating to the same subject, empowering the City to contract and to contract for services performed by City employees in Classified Services, notwithstanding Article XVIII of the Charter, as amended.

Voter Rejection Date: April 1, 1975.

Submission Ordinance No. 57156

Submission Ordinance Approved March 17, 1976.

Amendment Substance: repealing Section 1, paragraph "(4)," and substituting in lieu thereof a new paragraph (4) to permit the Mayor and Board of Aldermen by ordinance, notwithstanding provisions of Article XVIII, Civil Service, to contract for services performed by employees in the classified service procurement.

Voter Rejection Date: August 3, 1976.

Submission Ordinance No. 58647

Submission Ordinance Approved August 31,1982

Amendment Substance: deletion of paragraph 4 and substituting a new paragraph 4 relating to contracting with not for profit hospital management corporation.

Rejected by Voters

(5) Creation of indebtedness. To incur debts by borrowing money or otherwise and to give any appropriate evidence thereof.

V.A.M.S.:

95.010--95.170 Financial administration and indebtedness

McQuillin:

39.07--39.16 Power to Borrow, Loan and Give Notes or Issue Bills

39.17--39.37 Power to Incur Indebtedness and Make Expenditures

(6) Issuance of bonds and notes. To issue and give, sell, pledge or in any manner dispose of negotiable or non-negotiable, interest-bearing or non-interest-bearing, bonds or notes of the city, upon the credit of the city or solely upon the credit of specific property owned by the city or solely upon the credit of income derived from and property used in connection with any public utility owned or operated by the city or solely upon the credit of the proceeds of special assessments for local improvements or upon any two or more of such credits.

McQuillin:

39.07--39.16 Power to Borrow, Loan and Give Notes or Issue Bills

Ch. 43 Municipal Bonds

(7) Expenditures. To expend the money of the city for all lawful purposes.

City Counselor Ops.: 8057, 8060, 8061, 8072, 8073, 8081, 8094, 8106

McQuillin:

39.17--39.37 Power to Incur Indebtedness and Make Expenditures

39.60--39.70 Appropriations

(8) Acquisition and disposition of property. To acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein within or without the city or state.

City Counselor Ops.:

7898, 7907, 8028, 8096, 8157A, 8184, 8190, 8315, 8393, 8431, 8435, 8500, 8592, 9020, 9678, 9948, 10008, 10015, 10334, 10403, 10508

Cases:

Public funds may be used to build a public hall because it serves a public use. Halbrueggar v. City of St. Louis, 262 S.W. 379, 302 Mo. 573 (1924).

The city is authorized to lease premises for sheriff's offices, and will be bound by its terms. American Press v. City of New York, 284 S.W. 482, 314 Mo. 288 (1926).

The construction and maintenance of an airport is a municipal purpose within the city's power. Dysart v. City of St. Louis, 11 S.W. 2d 1045, 321 Mo. 514 (1928).

It is not unlawful to temporarily lease public property to private citizens pending decision on best manner of public use. Heger v. City of St. Louis, 20 S.W. 2d 665, 323 Mo. 1031 (1929).

Alteration of park property obtained through condemnation for another public purpose, constructing an expressway, is within city's authority. Kirkwood v. City of St. Louis, 351 S.W. 2d 781 (1961).

The city may use park land, obtained by condemnation, for street purposes. Kirkwood v. City of St. Louis, 351 S.W. 2d 781 (1961).

The acquisition, improvement and development of land by the city outside its corporate limits for an airport is an authorized public purpose. American Airlines Inc. v. City of St. Louis, 368 S.W. 2d 161 (1963).

A cooperative agreement between the city and a school district for the erection by the school district of a library building on city owned property was within the city's power. School District of Kansas City v. Kansas City, 382 S.W. 2d 688 (1964).

The delegation to a commission of responsibility for management and operation of an airport is not an improper delegation of legislative authority. Clay v. City of St. Louis, 495 S.W. 2d 672 (1973).

Attempt by city to transfer by warranty deed a public street to a private hospital violated the state constitution. St. Louis Children's Hosp. v. Conway, 582 S.W. 2d 687 (1979).

McQuillin:

Ch. 28 Corporate Property

(9) Eminent domain. To condemn private property, real or personal, or any easement or use therein for public use within or without the city or state.

V.A.M.S.:

82.790--82.800 Condemnation of property outside city

82.240 Parks, cemeteries may be provided for

82.450 Corporation may condemn land for market places

Ch. 88 Public works and special assessments therefor--condemnation

City Counselor Ops.:

8028, 8184

Cases:

When city entered land to construct permanent improvements for contemplated public use, acquisition of land through eminent domain by condemnation was inferred. Langenberg v. City of St. Louis, 197 S.W. 2d 621, 355 Mo. 634 (1946).

The acquisition, improvement and development of land by the city outside its corporate limits for an airport is authorized as a public purpose. American Airlines v. City of St. Louis, 368 S.W. 2d 161 (1963).

The delegation to a commission of responsibility for management and operation of an airport is not an improper delegation of legislative authority. Clay v. City of St. Louis, 495 S.W. 2d 672 (1973).

McQuillin:

Ch. 32 Eminent Domain

(10) Trusts. To take and hold property within or without the city or state upon trust, and to administer trusts.

McQuillin:

28.25--28.36 Holding Property as Trustee

(11) Public utilities. To acquire, construct, own, operate and maintain or sell, lease, mortgage, pledge or otherwise dispose of public utilities or any estate or interest therein or any other utility of service to the city, its inhabitants, or any part thereof.

V.A.M.S.:

Ch. 91 Municipally owned utilities

Cases:

When city entered land to construct water mains intended as permanent improvements for contemplated public use, acquisition of land through eminent domain by condemnation was inferred. Langenberg v. City of St. Louis, 197 S.W. 2d 621, 355 Mo. 634 (1946).

McQuillin:

Ch. 35 Municipal Ownership of Public Utilities

(12) Franchises. To grant franchises for public utilities.

V.A.M.S.:

82.230 Regulation of public franchises

McQuillin:

Ch. 34 Franchises

(13) Regulation of public utilities. To regulate the construction, maintenance, equipment, operation, service, rates and charges of public utilities and compel, from time to time, reasonable extensions of facilities for such service.

V.A.M.S.:

71.520 et seq. Public utilities

City Counselor Ops.:

7715, 8262, 9807

Cases:

This subsection is inoperative in so far as state statute has provided a uniform system of regulation for public utilities. State v. Public Service Commission. 192 S.W. 958, 270 Mo. 429 (1917).

City authorized to pass safety ordinance for street car drivers that modify but was not inconsistent with state common law. State v. Reynolds, 244 S.W. 929, 295 Mo. 375 (1922).

Ordinance prescribing use of bus transfers void as attempted rate regulation of street railway corporations controlled by state law. Ex parte Packman, 296 S.W. 366, 317 Mo. 732 (1927).

McQuillin:

4.153--4.158 Legislative Control Over Public Utilities

(14) Streets, alleys, parks, sewers, etc. To establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains, and regulate the use thereof.

V.A.M.S.:

82.190 City has exclusive control of public highways

City Counselor Ops.:

8063, 8075, 8157A, 8237, 8285, 8324, 8355, 9258, 9336, 9402, 9785, 9818, 9829(IV), 10008, 10015, 10199, 10241,10258,10408

Cases:

Only the branch of city government authorized to grant franchise to use city streets may waive forfeiture of franchise, State v. West End Light and Power Co., 152 S.W. 76, 246 Mo. 653 (1912).

Empowered with full control of streets, city may require railroad to abolish grade crossings and reunite streets in the interest of public health and safety. American Tobacco Co. v. Missouri Pac. Ry. Co., 157 S.W. 502, 247 Mo. 374 (1912).

City has complete power to open or close streets restricted by constitutional prohibition against taking private property for public use without compensation. Gorman v. Chicago, B&QR Co., 164 S.W. 509, 255 Mo. 483 (1914).

The right of access is the only right appurtenant to private property which is not included within city's power under this subsection. Gorman v. Chicago, B&QR Co., 164 S.W. 509, 255 Mo. 483 (1914).

State school board need not comply with city's sewer requirements when state standards established. Board of Education v. City of St. Louis, 184 S.W. 975, 267 Mo. 356 (1916).

Ordinance regulating use of streets only valid if of general application Ex parte Lerner, 218 S.W. 331, 281 Mo. 18 (1920).

City authorized to pass safety ordinance for street car drivers that modified but was not inconsistent with state common law. State v. Reynolds, 244 S.W. 929, 295 Mo. 375 (1922).

City can require that public carriers meet certification requirements to obtain license to use city streets. Ex parte Lockhart, 171 S.W. 2d 660, 350 Mo. 1220 (1943).

There is no inherent right to use streets or highways as place of public business. Ex parte Lockhart, 171 S.W. 2d 660, 350 Mo. 1220 (1943).

When city authorized to build either a free or toll bridge it is not bound by past decisions regarding fees. City of St. Louis v. Cavanaugh, 207 S.W. 2d 449, 357 Mo. 204 (1947).

This subsection does not limit state police power to establish limited access highways. Handlan-Buck Company v. State Highway Commission, 315 S.W. 2d 219 (1958).

Under its police power city may enact parking meter ordinance. Automobile Club of Missouri v. City of St. Louis, 334 S.W. 2d 355 (1960).

City may alter park property obtained through condemnation to build public street. Kirkwood v. City of St. Louis, 351 S.W. 2d 781 (1961).

Under city's broad and comprehensive power to regulate use of streets rental charge for occupation of street by telegraph poles was valid. City of St. Louis v. Western Union, Tel. Co., 149 U.S. 465, 13 S.C. 990 (1893).

Gas company was subject to city regulation having no vested right to use streets for underground electric wires. State of Missouri v. Murphy, 170 U.S. 78 (1898).

The city may use park land, obtained by condemnation, for street purposes. Kirkwood v. City of St. Louis, 351 S.W. 781 (1961).

Abutter's right of access may not be taken without compensation, but right does not extend to every foot of frontage as against the exercise of police power. State v. Meier, 388 S.W. 2d 855 (1965).

Motel owner could not recover for alleged decrease in value of motel due to diversion of traffic in connection with construction of limited access highway abutting motel property. State v. Meier, 388 S.W. 2d 855 (1965).

Land obtained through grant restricting use to park purposes may not be used for a public street. City of St. Louis v. Bedal, 394 S.W. 2d 391 (1965).

An ordinance authorizing the erection of barricades on streets, enacted for the purpose of facilitating orderly travel, did not violate a statute prohibiting street obstructions. State ex rel. Schmitz v. City of St. Louis, 551 S.W. 2d 848 (1977).

Abutter's right to access is subject to reasonable restriction under police power directed towards facilitating travel over the streets. State ex rel. Schmitz V. City of St. Louis, 551 S.W. 2d 848 (1977).

McQuillin:

Ch. 30 Streets and Alleys

Ch. 31 Sewers and Drains

25.50--28.54 Public Parks and Squares

(15) Public buildings and other property. To acquire, provide for, construct, regulate and maintain and do all things relating to all kinds of public buildings, structures, markets, places, works and improvements.

City Counselor Ops.: 8028, 8157A, 8184, 8435

Cases:

Public funds may be used to build a public hall because it serves a public use. Halbrueggar v. City of St. Louis, 262 S.W. 379, 302 Mo. 573 (1924).

An airport is a public structure. Dysart v. City of St. Louis, 11 S.W. 2d 1045, 321 Mo. 526 (1928).

The city is liable for the negligence of contractors hired to build public improvements. Stifel v. City of St. Louis, 181 S.W. 577 (1916).

(16) Harbor, wharves and ferries. To provide and maintain a harbor and wharves and regulate the use thereof, and impose wharfage and other charges therefor; license and regulate ferries and other boats; grant ferry privileges and regulate ferry charges; rent or lease for not exceeding twenty-five years portions of the wharf for any purpose tending to facilitate the trade of the city.

V.A.M.S.:

Ch. 237 Ferries and wharves

Ch. 154 Taxation of boats and vessels

City Counselor Ops.: 8712, 9078, 9617, 9965, 10270, 10278

Cases:

City can demand removal of private property obstructing public wharf. Hafner Mfg. Co. v. City of St. Louis, 172 S.W. 28, 262 Mo. 621 (1914).

Protection of private boats moored at public wharf not public duty. City of St. Louis v. the Maggie P., 25 F. 202 (1885).

An agreement between the city and a corporation granting the corporation the inclusive use of a municipal dock for a maximum of twenty years was properly termed a lease agreement as distinguished from a franchise and constituted a valid and binding contract. St. Louis Terminals v. City of St. Louis, 535 S.W. 2d 593 (1976).

In granting lease of dock by city, tenant is enTitled to all rights ordinarily passed by lease, including possession and profits. St. Louis Terminal v. City of St. Louis, 535 S.W. 2d 593 (1976).

McQuillin:

19.88 Harbor and Port Regulations

(17) Watercourses. To improve watercourses and regulate the use thereof.

City Counselor Ops.: 8080, 9791

(18) Water rates. To establish, impose and enforce water rates and rates and charges for public utilities or other service, products or conveniences operated, rendered or furnished by the city.

V.A.M.S.:

Ch. 250 Sewerage systems and water works

McQuillin:

35.37--35.37K Rates and Service Charges

(19) Sanitary system. To provide and maintain a sanitary system.

V.A.M.S.:

Ch. 250 Sewerage Systems and water works

Cases:

City can require replacement of privies by water closets in private property. City of St. Louis v. Nash, 260 S.W. 985 (1924).

A portion of a city ordinance requiring all dwelling units to have a tub or bath connected to hot and cold water was unconstitutional as applied to a landowner whose buildings were 70 years old and had no sale or loan value. City of St. Louis v. Brune, 515 S.W. 2d 471 (1974).

McQuillin:

24.219--24.241 Public Health and Sanitation in General

(20) Fire department. To provide and maintain a fire department.

V.A.M.S.:

71.370--71.510 Fire protection

Cases:

City may validly amend Charter so as to require compensation of fire department employees to be at least equal to that of police department employees, which is determined by the State. State ex rel. St. Louis Fire Fighters Association Local No. 73 v. Stemmler, 479 S.W. 2d 456 (1972).

City charter provision that salaries of firemen shall not be less than those of corresponding ranks of police officers whose pay is fixed by the State General Assembly is not invalid as an improper delegation of legislative responsibility. State ex rel. St. Louis Fire Fighters Association Local No. 73 v. Stemmler, 479 S.W. 2d 456 (1972).

McQuillin:

Ch. 45 Fire and Police Departments

(21) Police and excise departments. To provide and maintain police and excise departments when permitted by law.

V.A.M.S.:

84.010--84.340 Police department in St. Louis

Cases:

Existence of a state police force financed by the municipality is permissible. State v. Gunn, 326 S.W. 2d 314 (1959).

McQuillin:

Ch. 45 Fire and Police Departments

(22) Sewage, ashes and garbage. To collect and dispose of sewage, offal, ashes, garbage and refuse, or to license and regulate such collection and disposal.

City Counselor Ops.: 8184

Cases:

A tax on junk merchants protects the welfare of citizens and is a valid exercise of the city's police power. City of St. Louis v. Baskowitz, 201 S.W. 870, 273 Mo. 543 (1918).

McQuillin:

4.242--24.255 Control, Collection and Disposal of Waste

4.256--24.268 Sewage, Drainage, and Water Supply

(23) Regulation of business. To license and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession or trade.

City Counselor Ops.: 8240, 8262, 8378, 9334, 9953, 10286, 10334

Cases:

Ordinance invalid because not applicable to all street vendors. Ex parte Lerner, 218 S.W. 331, 281 Mo. 18 (1920).

Ordinance requiring moving companies to register with city before moving property valid. Wagner v. City of St. Louis, 224 S.W. 413, 284 Mo. 410 (1920).

Ordinance providing that businesses be closed on Sunday valid exercise of police power. Komen v. City of St. Louis, 289 S.W. 838, 316 Mo. 9 (1926).

Ordinance requiring advertisement for sale of goods to state advertiser is dealer in those goods is valid. City of St. Louis v. Southcombe, 8 S.W. 2d 1001, 320 Mo. 865 (1928).

Solicitation of funds for charity is an occupation or calling and may be regulated. Ex parte Williams, 139 S.W. 2d 485, 345 Mo. 1121 (1940).

If the moving of household goods and office furniture is a business it can be regulated. Mike Berniger Moving Co. v. O'Brien, 240 S.W. 481 (1922).

A tax on vending machines was a revenue measure not a regulatory ordinance. Edmonds v. City of St. Louis, 156 S.W. 2d 619, 348 Mo. 1063 (1941).

An "earnings tax" is a general revenue measure and not a license tax under the city's police power. Carter Carburetor Corporation v. City of St. Louis, 203 S.W. 2d 438 (1947).

Investigation and licensing of gas company, a public service corporation, was within city's authority. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).

A grant of authority to license businesses does not carry with it the authority to regulate them. Anderson v. City of Olivette, 518 S.W. 2d 34 (1975).

McQuillin:

Ch. 26 Municipal Licenses and Permits

(24) License taxes. To impose a license tax upon any business, vocation, pursuit, calling, animal or thing.

V.A.M.S.:

71.610 et seq. Taxing powers

82.310 et seq. License collector in cities of 300,000 inhabitants or more

150.350 Manufacturer taxation and collection in St. Louis city

150.090 Merchant taxation and collection in St. Louis city

City Counselor Ops.: 8067, 10286

Cases:

Court adopted construction that an ordinance imposing a license tax on all merchants was superseded by an ordinance imposing a license tax on all merchants to avoid invalidity caused by double taxation. Automobile Gasoline Co. v. City of St. Louis, 32 S.W. 2d 281, 326 Mo. 435 (1930).

An "earnings tax" is a general revenue measure and not a license tax. Carter Carburetor Corporation v. City of St. Louis, 203 S.W. 2d 438, 356 Mo. 646 (1947).

Investigation of gas company, a public service corporation, to determine the amount of license tax was within City's authority. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).

McQuillin:

26.32--26.42a Charges, Taxes and Fees

(25) Nuisances, etc. To define and prohibit, abate, suppress and prevent or license and regulate all acts, practices, conduct, business, occupations, callings, trades, uses of property and all other things whatsoever detrimental or liable to be detrimental to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the city and all nuisances and causes thereof.

City Counselor Ops.: 8240, 8262, 8357, 8849, 9334, 9916, 9953, 10325

Cases:

City may license plumbers since plumbing related to public health. Ex parte Smith, 132 S.W. 607, 231 Mo. 111 (1910).

Regulation of signs and billboards was valid since possible to find that they were injurious to health, etc. St. Louis Gunning Advertisement Co. v. City of St. Louis,;/ 137 S.W. 929, 235 Mo. 99 (1911).

Business of junk dealers poses risk of disease and theft warranting regulation. City of St. Louis v. Baskowitz, 201 S.W. 870, 273 Mo. 543 (1918).

Ordinance enacted under city's police power must be of general application. Ex parte Lerner, 218 S.W. 331, 281 Mo. 18 (1920).

City authorized to pass safety ordinance for street car drivers that modified but was not inconsistent with state common law. State v. Reynolds, 2010 S.W. 929, 295 Mo. 375 (1922).

Only those callings etc. which detrimentally affect the public welfare come within the city's police power under this subsection. State v. McKelvey, 256 S.W. 474, 301 Mo. 1 (1923).

Zoning ordinance restricting business to certain areas for aesthetic reasons invalid when business not a nuisance. City of St. Louis v. Evraiff, 256 S.W. 489, 301 Mo. 231 (1923).

Ordinance providing that businesses be closed on Sunday valid exercise of police power. Komen v. City of St. Louis, 289 S.W. 828, 316 Mo. 9 (1926).

Ordinance requiring advertisement for sale of goods to contain fact seller is dealer was designed to catch unlicensed merchants consistent with purposes of this subsection. City of St. Louis v. Southcombe, 8 S.W. 2d 1001, 320 Mo. 865 (1928).

Solicitation of funds for charity may be regulated. Ex parte Williams, 139 S.W. 2d 485 (1940).

City can regulate construction and materials of buildings, inspect them, prevent their use when necessary, and require alteration for safety. Kalbfell v. City of St. Louis, 211 S.W. 2d 911, 357 Mo. 987 (1948).

Conditions of moving industry warranted regulation by the city for the public welfare. Mike Berniger Moving Co. v. O'Brien, 240 S.W. 481 (1922).

City can require replacement of privies by water closets in private property. City of St. Louis v. Nash, 260 S.W. 985 (1924).

School lunchrooms although operated by the state must meet city health standards since there is no statute exempting school lunchrooms from local control. Bredeck v. Board of Education of St. Louis, 213 S.W. 2d 889 (1948).

The city has the power to license and regulate real estate brokers. City of St. Louis v. Green, 353 S.W. 2d 606 (1962).

McQuillin:

24.58--24.92 Municipal Control and Suppression of Nuisances

(26) Location of businesses and occupations. To prescribe limits within which business, occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained.

City Counselor Ops.: 8262

Cases:

The power to regulate stone quarries does not include the power to prohibit them. City of St. Louis v. Atlantic Quarry and Construction Company, 148 S.W. 948, 244 Mo. 479 (1912).

Ordinance prohibiting street vendors in front of businesses selling same goods invalid because not of general application. Ex parte Lerner, 213 S.W. 331, 281 Mo. 18 (1920).

Only those businesses which detrimentally affect the public welfare may be excluded from a prescribed district. State v. McKelvey, 256 S.W. 474, 301 Mo. 1 (1923).

Zoning ordinance restricting business to certain areas for aesthetic reasons invalid when business not a nuisance. City of St. Louis v. Evraiff, 256 S.W. 489, 301 Mo. 231 (1923).

City can regulate construction and materials of buildings, inspect them, prevent their use when necessary, and require alteration for safety. Kalbfell v. City of St. Louis, 211 S.W. 2d 911, 357 Mo. 986 (1948).

(27) Inspection of articles of consumption or use. To inspect, test, measure and weigh any article of consumption or use within the city.

Cases:

The city may require milk dealers to obtain permits to guard against unwholesome milk. City of St. Louis v. Kellmann, 243 S.W. 134, 295 Mo. 71 (1922).

McQuillin:

24.396--24.409 Weights, Measures and Fair Trade Dealings

(28) Weights and measures. To establish, regulate, license and inspect weights and measures.

V.A.M.S.:

Ch. 413 Weights and measures

Cases:

Ordinance requiring produce to be sold in containers of certain capacity valid. Stegmann v. Weeke, 214 S.W. 137, 279 Mo. 140 (1919).

McQuillin:

24.396--24.409 Weights, Measures and Fair Trade Dealings

(29) Construction of buildings and maintenance of premises. To regulate the construction and materials of all buildings and structures, and to inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and, when necessary, prevent the use thereof and require any alterations or changes necessary to make them healthful, clean or safe.

City Counselor Ops.: 9964

Cases:

City can require all buildings over a certain height to comply with fire standards. City of St. Louis v. Warren Commission and Investment Co., 126 S.W. 166, 226 Mo. 148 (1910).

State school board need not comply with city building requirements when state standards are established. Board of Education v. City of St. Louis, 184 S.W. 975, 267 Mo. 356 (1916).

City may close but not demolish movie theater that does not comply with fire code. Kalbfell v. City of St. Louis, 211 S.W. 2d 911, 357 Mo. 986 (1948).

City can require replacement of privies by water closets in private property. City of St. Louis v. Nash, 260 S.W. 985 (1924).

The city charter does not expressly or by necessary inference empower the city to regulate construction of state buildings on state land in the city. Paulus v. City of St. Louis, 446 S.W. 2d 144 (1969).

McQuillin:

24.504--24.562 Building Regulations

(30) Grade crossings. To abolish or prevent grade crossings and provide for safe crossings and compel any street, steam, electric railroad or other transportation company or companies affected thereby to pay all or a part of the cost thereof.

City Counselor Ops.: 8240

Cases:

City can require railroad to build a viaduct over its tracks at its expense. State v. Missouri Pac. Ry. Co., 174 S.W. 73, 262 Mo. 720 (1914).

McQuillin:

24.736--24.742 Separated Crossings, Subways, and Elevated Ways

(31) Children, aged and insane persons. To provide for the support, maintenance and care of children and sick, aged or insane poor persons and paupers.

V.A.M.S.:

10.250 et seq. Board of children's guardians (St. Louis)

210.292--210.298 Family foster home care

City Counselor Ops.: 7828, 8158, 8185

Cases:

City may provide welfare to ablebodied men unable to obtain jobs due to economic conditions. Jennings v. City of St. Louis,;/ 58 S.W. 2d 979, 332 Mo. 173 (1933).

McQuillin:

Ch. 47 Charities and Correction

(32) Public institutions and services. To provide and maintain charitable, educational, recreative, curative, corrective, detentive or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services.

City Counselor Ops.: 7828, 8158, 8184, 8185, 8366, 8435, 9771, 9919

Cases:

City may provide welfare services to ablebodied men unable to obtain jobs due to economic conditions. Jennings v. City of St. Louis, 58 S.W. 2d 979, 332 Mo. 173 (1933).

McQuillin:

Ch. 47 Charities and Correction

(33) General welfare. To do all things whatsoever expedient for promoting or maintaining the comfort, education, morals, peace, government, health, welfare, trade, commerce or manufactures of the city or its inhabitants.

V.A.M.S.:

71.710 Water supply, cities to protect from contamination

71.720 Sale of milk, cities may regulate and provide for inspection

71.730 Food, cities may provide for inspection of animals intended as human food

71.780 Nuisances, injurious to health and welfare, cities empowered to suppress

96.390--96.420 Social Evil Hospital and House of Industry

192.290, 192.310 Rules and regulations of state division of health to supersede local, exceptions

196.230 Food and drugs, state commissioner or local officers may abate violations detrimental to public health

199.080--199.160 Tuberculosis hospitals, cities and counties may form district to acquire and maintain

322.010--322.080 Dogs, control of rabies, mayor may issue quarantine orders

City Counselor Ops.: 8050, 8158, 8184, 8185, 8262, 8849, 9334, 9772, 9811, 9909

Cases:

City can require all buildings over a certain height to comply with fire standards. City of St. Louis v. Warren Commission and Investment Co., 126 S.W. 166, 226 Mo. 148 (1910).

Ordinance prohibiting advertisements of cures for sexual problems and diseases invalid exercise of city's power. City of St. Louis v. King, 126 S.W. 495, 226 Mo. 334 (1910).

This subsection does not enlarge city's powers further than is necessary to carry out the specific grants of power. City of St. Louis v. King, 126 S.W. 495, 226 Mo. 334 (1910).

City may license plumbers since plumbing related to public health. Ex parte Smith, 132 S.W. 607, 231 Mo. 111 (1910).

Regulation of signs and billboards was valid since possible to find that they were injurious to health. St. Louis Gunning Advertisement Co. v. City of St. Louis, 137 S.W. 929, 235 Mo. 99 (1911).

City may require railroad to abolish grade crossings and reunite streets in the interests of public health and safety. American Tobacco Co. v. Missouri Pac. Ry. Co., 157 S.W. 502, 247 Mo. 374 (1912).

Ordinance punishing disturbance of the peace through violent, offensive obscene etc. conduct and noises on private or public property valid. City of St. Louis v. Stupsky, 162 S.W. 155, 254 Mo. 309 (1913).

Business of junk dealers poses risk of disease and theft warranting regulation. City of St. Louis v. Baskowitz, 201 S.W. 870, 273 Mo. 543 (1918).

Ordinance prohibiting street vendors in front of businesses selling same goods invalid because not of general application. Ex parte Lerner, 218 S.W. 331, 281 Mo. 18 (1920).

Ordinance providing that businesses be closed on Sunday valid exercise of police power. Komen v. City of St. Louis, 289 S.W. 838, 316 Mo. 9 (1926).

Ordinance requiring advertisement for sale of goods to contain fact seller is dealer was designed to catch unlicensed merchants consistent with the purposes of this subsection. City of St. Louis v. Southcombe, 8 S.W. 2d 1001, 320 Mo. 865 (1928).

Power to build an airport inferred from this subsection. Dysart v. City of St. Louis, 11 S.W. 2d 1045, 321 Mo. 514 (1928).

City may require compliance with building codes to protect its citizens. Kalbfell v. City of St. Louis, 211 S.W. 2d 911, 357 Mo. 986 (1948).

Conditions of the moving industry warranted regulation by the city for the public welfare. Mike Berniger Moving Co. v. O'Brien, 240 S.W. 431 (1922).

City can require replacement of privies by water closets in private property. City of St. Louis v. Nash, 260 S.W. 985 (1924).

School lunchrooms, although operated by the state, must meet city health standards since there is no statute exempting school lunchrooms from local control. Bredeck v. Board of Education of St. Louis, 213 S.W. 2d 889 (1948).

The city has the power to license and regulate real estate brokers. City of St. Louis v. Green, 353 S.W. 2d 606 (1962).

The city charter does not expressly or by necessary inference empower the city to regulate construction of state buildings on state land in the city. Paulus v. City of St. Louis, 446 S.W. 2d 144 (1969).

McQuillin:

Ch. 24 Municipal Police Power and Ordinances

(34) Fines, forfeitures and penalties. To enforce any ordinance, rule or regulation by means of fines, forfeitures, penalties and imprisonment or by action or proceeding in its own courts or in any other court of competent jurisdiction or by any one or more of such means, and to impose costs as a part thereof.

V.A.M.S.:

71.220 City prisoners--labor on public streets, etc.

City Counselor Ops.: 8050, 9919

Cases:

City may impose penalty of imprisonment for violation of traffic ordinance. City of St. Louis v. Von Hoffman, 280 S.W. 421, 312 Mo. 600 (1926).

City may impose a penalty for violating ordinance requiring filing of tax return. Barhorst v. City of St. Louis, 423 S.W. 2d 843 (1967).

Due process does not require advance notice that the trial on the substantive offense will be followed by an habitual criminal accusation. Oyler v. Boles, 368 U.S. 448, 82 S.Ct. 501, 23 L.Ed. 2d 711 (1962).

Selectivity in enforcement of an habitual criminal statute is not in itself a violation of the Equal Protection Clause of the Fourteenth Amendment. Oyler v. Boles, 368 U.S. 448, 82 S.Ct. 501, 23 L.Ed. 2d 711 (1962).

The Fifth Amendment guarantee against double jeopardy embodies collateral estoppel as a constitutional requirement. Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed. 2d 469 (1970).

The Fifth Amendment guarantee against double jeopardy is violated when punishment already exacted for an offense is not fully "credited" in imposing a new sentence for the same offense. North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed. 656 (1969).

There is no absolute bar to imposing a more severe sentence on reconviction, but the reasons for a more severe sentence must affirmatively appear in the record and must be based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding. North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed. 656 (1969).

A second trial in a state court for the identical offense for which a person was tried in a municipal court constitutes double jeopardy. Waller v. State of Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed. 2d 435 (1970).

It is a denial of equal protection to limit punishment to payment of a fine for those who are able to pay it but to convert the fine to imprisonment for those who are unable to pay it. Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed. 2d 130 (1971).

The death penalty in three particular cases held to constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed. 2d 346 (1972).

No accused may be deprived of his liberty as the result of any criminal prosecution, whether felony or misdemeanor, in which he was denied the assistance of counsel. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed. 2d 530 (1972).

Reliance by Texas on local property taxation for school financing did not violate equal protection clause of the Fourteenth Amendment. San Antonio Independent School District v. Rodriguez, 411 U.S. 1, 93 S.Ct. 1278, 36 L.Ed. 2d 16 (1973).

Trying a defendant de novo in circuit court after his acquittal in municipal court constituted double jeopardy in violation of the Fifth Amendment of the U.S. Constitution. Kansas City v. Bott, 509 S.W. 2d 42 (1974).

The cruel and unusual punishments clause of the Eighth Amendment does not apply to disciplinary corporal punishment in public schools. Ingraham v. Wright, 430 U.S. 651, 97 S.Ct. 1401, 51 L.Ed. 2d 711 (1977).

McQuillin:

Ch. 17 Penalties of Municipal Ordinances

(35) Incidental powers. To exercise all powers granted or not prohibited to it by law or which it would be competent for this charter to enumerate.

Constitution:

Article 6 31 Recognition of City of St. Louis as now existing

Article 6 32(a) Amendment of Charter of St. Louis

Article 6 32(b) Revision of Charter of St. Louis

City Counselor Ops.: 8050, 8080, 8158, 8184, 8185, 9811, 9850, 9909

Cases:

The power to regulate vocations is necessary for the city to carry out its governmental functions. Komen v. City of St. Louis, 289 S.W. 838, 316 Mo. 9 (1926).

Power to build an airport inferred from this subsection. Dysart v. City of St. Louis, 11 S.W. 2d 1045, 321 Mo. 54 (1928).

City may regulate parking on streets by installing parking meters. Automobile Club of Missouri v. City of St. Louis, 334 S.W. 2d 355 (1960).

The city may use park land, obtained by condemnation, for street purposes. Kirkwood v. City of St. Louis, 351 S.W. 781 (1961).

The city charter does not expressly or by necessary inference empower the city to regulate construction of state buildings on state land in the city. Paulus v. City of St. Louis, 446 S.W. 2d 144 (1969).

The city in erecting barricades to facilitate orderly vehicle traffic did not exceed its power. State ex rel. Schmitz v. City of St. Louis, 551 S.W. 2d 848 (1977).

McQuillin:

10.09--10.12 Scope of Powers

10.13--10.16 Powers of Home-Rule Municipalities

History:

Submission Ordinance No. 66328

Submission Ordinance Approved July 23, 2004.

Amendment Substance: reduces number of aldermen and president chosen by aldermen.

Voter Rejection Date: November 2, 2004.

Section 2 Enumeration not exclusive; scope of grant of power.

The enumeration of particular powers in this charter is not exclusive of others, nor restrictive of general words or phrases granting powers, nor shall a grant or failure to grant power in this article impair a power granted in any other part of this charter; and whether powers, objects or purposes are expressed conjunctively or disjunctively they shall be construed so as to permit the city to exercise freely any one or more such powers as to any one or more such objects for any one or more such purposes.

City Counselor Ops.: 10015, 10408

Cases:

The city powers should be construed broadly to include the power to build a public auditorium with public funds. Halbrueggar v. City of St. Louis, 262 S.W. 379, 302 Mo. 573 (1924).

An enumeration of taxable occupations does not impair the city's general power to impose taxes to classify those occupations. Automobile Gasoline Co. v. City of St. Louis, 32 S.W. 2d 281, 326 Mo. 435 (1930).

The city may have the right to make subclassifications that contain only one member. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).

The city has broad police powers including the power to license and regulate vehicles. Ex parte Tarling, 241 S.W. 929 (1922).

McQuillin:

10.09--10.12 Scope of Powers

10.13--10.16 Powers of Home-Rule Municipalities

History:

Submission Ordinance 66328

Submission Ordinance Approved July 23, 2004.

Amendment Substance: reduces number of aldermen and president chosen by aldermen.

Voter Rejection Date: November 2, 2004.

Section 3 Wards.

The city is hereby divided into 28 wards, bounded and numbered as the wards of the city now are; provided, that following the 1970 decennial census of the United States of America and each decennial census thereafter, corrected ward boundaries shall be established by ordinance which shall comprise as nearly as practicable, compact and contiguous territory within straight lines, and contain as nearly as may be the same number of inhabitants; such ordinance shall be adopted before the end of the calendar year next succeeding the year the census is taken.

Editor's Note:

Descriptions of ward boundaries can be found in Ch. 2.12 of this Code.

V.A.M.S.:

82.100 et seq. Wards

City Counselor Ops.: 9165

Cases:

The prior charter section (repealed by Ordinance 55794 in 1971) providing that aldermanic wards be apportioned according to the number of registered voters was unconstitutional. Representation must be based on population. Preisler v. Mayor of City of St. Louis, 303 F.Supp. 1071 (1969).

McQuillin:

7.49 Municipal Subdivisions and Wards

History:

Submission Ordinance No. 55659

Submission Ordinance Approved June 25, 1970.

Amendment Substance: repeals Section 3, enacts new Section 3 relating to fixing Ward Boundaries as ordered by United States District Court so as to establish 28 Wards by ordinance having as near as practicable compact and contiguous territory within straight lines, and contain as nearly as may be the "same number of people according to the latest decennial census of the United States of America."

Voter Rejection Date: November 3, 1970.

Submission Ordinance No. 55794

Submission Ordinance Approved January 29, 1971.

Amendment Substance: repeals Section 3, and enacts a new Section 3 relating to Ward Boundaries, requiring after the 1970 Decennial Census and each such census thereafter Ward boundaries to be established by ordinance with compact contiguous territories within straight lines containing as near as may be the same number of inhabitants, and requiring such ordinances to be adopted within a year after such census.

Voter Adoption Date: April 6, 1971.

Submission Ordinance 66328

Submission Ordinance Approved July 23, 2004.

Amendment Substance: reduces number of aldermen and president chosen by aldermen.

Voter Rejection Date: November 2, 2004.

Section 4 Earnings tax.

The City of St. Louis shall have power to assess, levy and collect by ordinance for general revenue purposes an earnings tax not in excess of one per centum on salaries, wages, commissions and other compensation earned by its residents; on salaries, wages, commissions and other compensation earned by non-residents of the city for work done or services performed or rendered in the city; on the net profits of associations, businesses or other activities conducted by residents, on the net profits of associations, business or other activities conducted in the city by non-residents; and on the net profits earned by all corporations as the results of work done or services performed or rendered and businesses or other activities conducted in the city. It shall have power to allow exemptions and deductions from the gross earnings of employees, to impose upon employers the duty of collecting and remitting to it any tax that may be levied upon the earnings of employees and to prescribe penalties for failure to perform such duty.

V.A.M.S.:

92.110 et seq. Earnings tax (St. Louis)

Ops. Atty. Gen.:

School districts in St. Louis County must deduct the St. Louis earnings tax from the wages and salaries of their employees who are residents of the city and remit the amount withheld to the St. Louis city collector. No. 148, August 22, 1972.

City Counselor Ops.: 8201, 8369, 8846, 9211

Cases:

Ordinance 43783 of the City of St. Louis, which imposed an earnings tax on residents and nonresidents, held void. Carter Carburetor Corp. v. City of St. Louis, 203 S.W. 2d 438 (1947).

An "earnings" tax is a general revenue measure and not a license tax under the city's police power. Carter Carburetor Corp. v. City of St. Louis, 203 S.W. 2d 438 (1947).

The city has the power to enact an earnings tax and to make reasonable classifications for tax purposes. Barhorst v. City of St. Louis, 423 S.W. 2d 843 (1967).

An earnings tax may be imposed on earned income (salaries, commissions, etc.) and exclude unearned income (rents, dividends, etc.) Barhorst v. City of St. Louis, 423 S.W. 2d 843 (1967).

The city may tax the entire earned income of resident individuals while taxing only the income earned in the city by corporations. Barhorst v. City of St. Louis, 423 S.W. 2d 843 (1967).

McQuillin:

44.193 Income Taxes

History:

Submission Ordinance No. 47117

Submission Ordinance Approved June 28, 1954.

Amendment Substance: enacting a new Section 4, authorizing the City to levy and collect an earnings tax not in excess of %

Voter Adoption Date: September 30, 1954.

Submission Ordinance No. 49502

Submission Ordinance Approved May 8, 1959.

Amendment Substance: amending Section 4 amendment to increase earnings tax authority to 1% from %.

Voter Adoption Date: July 14, 1959.


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