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BULLET St. Louis City Charter Article XIII Board of Public Service*

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 XIII
Board of Public Service*

*City Counselor Ops.: 8271, 9858, 10232, 10403

Cases:

Empowering the board of public service to ascertain if applicant comes within ordinance's specifications is not an invalid delegation of legislative authority. Ex parte v. Lockhart, 171 S.W. 2d 660, 350 Mo. 1220 (1943).

Section 1 Creation and composition.

There shall be a board of public service, consisting of the president of said board, and six directors, who shall be known as director of public utilities, director of streets, director of welfare, director of parks, recreation and forestry, director of health and hospitals and director of public safety. They shall be the heads of and exercise supervision over their respective departments hereby created, as follows: department of the president, department of public utilities, department of streets, department of welfare, department of parks, recreation and forestry, department of health and hospitals, and department of public safety.

City Counselor Ops.: 9791, 10304, 10384

Cases:

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

History:

Submission Ordinance No. 49101

Submission Ordinance Approved August 9, 1958. Amendment Substance: repealing Section 1, and enacting a new Section 1, relating to the constituency of the Board of Public Service to include the Directors of Streets, Parks, Recreation and Forestry, and the Director of Health and Hospitals, (carved out of Department of Welfare).

Voter Adoption Date: November 4, 1958.

Submission Ordinance No. 57172

Submission Ordinance Approved March 23, 1976.

Amendment Substance: changing the name of the Department of Welfare as it appears in Sections 1 and 14-A of Article XIII to the Department of Human Resources, and changing the title of the Director of Welfare as said title appears in Sections 1 and 14-A (a), (b), (c), (d), and (e), to Director of Human Resources.

Voter Rejection Date: November 2, 1976.

Section 2 Qualifications of certain members.

The president of the board and the directors of public utilities and of streets and sewers shall be engineers of technical training, of at least ten years' experience, and qualified to design as well as to direct engineering work.

City Counselor Ops.: 7895, 9418

Section 3 Designation of deputies.

Any member of the board of public service may designate any officer in any department under said board to act as his deputy, but such deputy shall have no vote on the board.

City Counselor Ops.: 8078, 9913, 9845

Section 4 Meetings; quorum; proceedings.

The board of public service shall meet at least once each week at its office. The president of the board shall preside at its meetings. A majority of said board shall constitute a quorum for the transaction of business, but no final action shall be taken in any matter concerning the department of any absent member unless such matter has been made the special order of the day. Said board shall furnish through its president to the mayor and the board of aldermen such data and information as may be required, or which it may from time to time deem necessary; prescribe rules and regulations necessary and proper to carry out its functions; appoint a secretary and such other employees as may be provided by ordinance; and keep a record of its proceedings which shall be open to the public. Final action on any matter shall be taken by yeas and nays and entered on its record. An abstract of its proceedings shall be published in the paper or papers doing the city publishing.

City Counselor Ops.: 8025, 9567, 9944, 10268, 10304

Section 5 Powers and duties.

The board of public service shall have power:

City Counselor Ops.: 8365, 8528, 9311, 9718, 10270, 10304

Cases:

An ordinance providing for condemnation does not need the board's approval. City of St. Louis v. Breuer, 223 S.W. 108 (1920).

(a) Supervision of departments. To exercise supervision and control over the aforesaid departments and the heads thereof.

City Counselor Ops.: 10318

(b) Permits for use of public places. To grant permits to occupy or use portions of any public grounds, highways, streets, alleys or other public places, consistent with the public use thereof and not inconsistent with any law or general ordinance, including permits for switch connections, and any such permit may be revoked by said board at will; but this power shall never be deemed to vest in said board the right to grant franchises.

City Counselor Ops.: 7125, 7657, 7658, 7661, 7846, 8024, 8028, 8100, 8237, 8310, 8343, 8378, 8427, 8431, 8535, 8939, 8962, 9003, 9018, 9617, 9699, 9804, 9829(I), 10008, 10023, 10425.

Cases:

The board may issue certificates of necessity and convenience to public movers pursuant to ordinance. Ex parte Lockhart, 171 S.W. 2d 660, 350 Mo. 1220 (1943).

(c) Permits for private businesses. To grant permits, according to such general rules and regulations as may be provided by general ordinance, in relation to any private business required by ordinance to have a permit as a condition of or in connection with its conduct or operation.

City Counselor Ops.: 8378, 8427, 8910

Cases:

The board may issue certificates of necessity and convenience as a prerequisite for movers to engage in their business. Ex parte Lockhart, 171 S.W. 2d 660, 350 Mo. 1220 (1943).

(d) Grants and dedications of property. To accept or reject grants or dedications, absolute or conditional, of highways, streets, boulevards, parkways, alleys or other property for any public use. No plat of any addition or subdivision, or any plat or map attached to any deed, shall be filed or recorded in the recorder's office unless the same shall first be approved by the board as to public highways, streets, boulevards, parkways, alleys or other public places represented thereon, and the grades thereof, except plats accompanying judgment or orders of court in partition and other suits where such plats form a part of such proceedings.

City Counselor Ops.: 8722, 8970, 9574, 9818, 9974, 10318, 10334

Cases:

When an ordinance is for a public work it must be first proposed by the board. American Tobacco Co. v. Missouri Pac. Ry. Co., 157 S.W. 502, 247 Mo. 374 (1912).

Board was authorized to accept deed waiving damages for grading the streets. Stapenhorst v. City of St. Louis, 229 S.W. 754, 287 Mo. 285 (1921).

(e) Establishment of grades. To establish the grades of the center line of all public highways, streets, boulevards, parkways and alleys. Upon demand of the owner of the property abutting on any public highway, street, boulevard, parkway or alley, the board shall determine the grade of the line of said public highway, street, boulevard, parkway or alley forming the boundary line of such property.

City Counselor Ops.: 8722

(f) City engineering, construction and reconstruction. To control and conduct any and all engineering, construction and reconstruction work undertaken by the city and to supervise all such work in which the city is interested. All plans and specifications for such work shall be prepared under the direction of the board and be subject to its approval.

City Counselor Ops.: 7675, 7846, 8203, 8962, 9343

(g) Additional powers and duties. To make such recommendations, exercise such powers and perform such duties as may be required of it by this charter or by ordinance.

City Counselor Ops.: 7675, 9791

Section 6 Organization of departmental divisions.

Said departments shall have divisions as herein established. The head of each department shall appoint all heads of divisions in his department and an officers and employees in his department not assigned to a division. The head of each division shall manage his division and appoint all officers and employees therein.

City Counselor Ops.: 8209, 9485

Section 7 Departmental relations; distribution of powers and duties.

All departments under the board of public service shall cooperate, and the employees or assistants in any one department or division may, under the order of the board, be temporarily utilized by any other department or division. All questions as to the distribution of powers or duties between such departments shall be determined by the board.

City Counselor Ops.: 9486, 9802, 10038, 10049, 10394

Section 8 Employment of specialists.

The board may at any time, with the approval of the board of estimate and apportionment, appoint specialists or experts in connection with any public work or improvement for which an appropriation has been made and pay for their services out of such appropriation.

City Counselor Ops.: 9343, 9885, 10178

Section 9 Department of the president.

The department of the president shall have charge and supervision of all public work and improvements undertaken by the city or in which the city is interested and prepare all plans and specifications therefor, except where supervision work or preparation is herein or by the board of public service otherwise assigned or provided.

Section 10 Department of public utilities-Powers and duties.

The department of public utilities shall have general supervision over the maintenance, equipment, operation and service, and the assessment of rates and charges, of all public utilities owned or operated by the city. It shall execute or cause to be executed all ordinances regulating the construction, reconstruction, extension, maintenance, equipment, operation, service or rates of public utilities operating under franchises, licenses or permits, or compelling extensions of facilities for such service. The director of said department shall make investigations and reports in relation to any of the foregoing matters as may be provided by ordinance or required by the board of public service, and in connection therewith shall have power to subpoena witnesses and order the production of books and papers relating thereto. He shall have charge of the supervision of city lighting and of the municipal electric lighting plants and electrical equipment in city buildings.

Cases:

The board has the power to subpoena the president of a public service corporation. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).

Section 11 Department of public utilities-Water division.

There shall be a water division in this department and the head thereof shall be known as the water commissioner. It shall have under its special charge the operation and maintenance of the waterworks and of all facilities for the acquisition and distribution of water. It shall assess water rates as may be provided by ordinance and make out the bills therefor and deliver same to the comptroller, who shall deliver them to the collector, take his receipt therefor, and charge them therewith on the comptroller's books.

As long as any of the "St. Louis Water Bonds" or renewals thereof or bonds issued on the special credit of the waterworks or facilities remain unpaid the water rates shall be fixed at prices that win produce revenue sufficient at least to pay the running expenses of the water division and the interest on all such bonds and renewals.

City Counselor Ops.: 8220, 8595, 8938

Section 12 Accounts of city-owned utilities to be segregated.

The accounts of all public utilities owned and operated by the city and dependent for their revenues upon the sale of their products or services shall be kept separate and distinct from all other accounts of the city, and shall contain proportionate charges for all services performed for such utilities by other departments, as well as proportionate credits for all services rendered.

City Counselor Ops.: 7690, 8938

Section 13 Department of streets.

The department of streets shall have charge of the repairing, cleaning and maintenance of all public highways, streets, boulevards, alleys, bridges, wharves and levees; the sprinkling of streets and the collection and disposal of garbage, ashes and refuse, and except as otherwise provided by law or ordinance shall have charge of the enforcement and execution of all ordinances relating to any of the matters referred to in this section or to the harbor.

City Counselor Ops.: 8333, 8962, 9051, 10038, 10408

History:

Submission Ordinance No. 49101

Submission Ordinance Approved August 9, 1958.

Amendment Substance: Section 13 repealed and reenacted as new Section 13, but deleting subsection "(b)" relating to "sewers" and changing the title of the Department of Streets and Sewers to delete "Sewers."

Voter Adoption Date: November 4, 1958.

Section 14-A Department of welfare.

The department of welfare shall be in the charge of a director of welfare appointed by the mayor. The department shall include a division of children's services and a division of adult services.

City Counselor Ops.: 7617, 7669, 7982, 8157A, 8185, 8209, 8357, 9221, 9303, 9485, 9785, 10384

Cases:

The sheriff has charge of the city jail in which are confined prisoners sentenced by the circuit court. Lefman v. Schuler, 296 S.W. 808, 317 Mo. 671 (1927).

Complaints to the general welfare board should not be made public. State v. Reynolds, 209 S.W. 100, 276 Mo. 688 (1919).

(a) Director--Qualifications--Duties. The director of welfare shall be chosen on the basis of administrative ability and demonstrated interest in social welfare problems. He shall be responsible for the supervision and coordination of all activities of the department of welfare, including provision for such legal aid and representation in court for indigents as may be authorized by ordinance.

City Counselor Ops.: 8414, 10384

(b) Division of children's services. The division of children's services shall be in the charge of a commissioner of children's services appointed by the director of welfare. The commissioner shall be responsible for operating and maintaining institutions for the care and maintenance of dependent children and the emergency care of delinquent children; for taking charge of and caring for children committed to the city by the courts; for placing children in institutions or foster homes; and for administering such other welfare services, including services to children in their own homes, as may be provided by law or ordinance.

(c) Division of adult services. The division of adult services shall be in the charge of a commissioner of adult services appointed by the director of welfare. The commissioner shall be responsible for operating and maintaining detentive, penal, and corrective institutions; for investigating parole applications and making recommendations relative thereto; for exercising supervision in parole and probation cases; and for administering such other welfare services as may be provided by law or ordinance.

(d) Board of children's welfare services. There shall be a board of children's welfare services consisting of seven members appointed by the mayor for terms of four years, except that of the members first appointed one shall be appointed for a term of one year, two for terms of two years, and two for terms of three years. All appointed members shall be chosen on the basis of demonstrated interest in the welfare of children. The board shall assist the director of welfare in establishing the policies under which the division of children's services shall operate, and shall advise the director on other matters pertaining to the welfare of children.

V.A.M.S.:

10.250 et seq. Board of children's guardians

(e) Board of adult welfare services. There shall be a board of adult welfare services of seven members appointed by the mayor for terms of four years, except that of the members first appointed one shall be appointed for a term of one year, two for terms of two years, and two for terms of three years. All members shall be chosen on the basis of demonstrated interest in the welfare of adults. The board shall advise the director of welfare on matters pertaining to welfare programs of adults, and shall designate three of its members to serve as a parole committee. Said committee shall grant paroles, consistent with the provisions of any law or ordinance.

City Counselor Ops.: 9001

(f) Mullanphy fund. The Bryan Mullanphy emigrant and travelers' relief fund shall be administered in such manner as shall be provided by ordinance enacted upon recommendation of the mayor.

History:

Submission Ordinance No. 49101

Submission Ordinance Approved August 9, 1958.

Amendment Substance: repeal Section 14, and enacting a new Section 14, having 3 new Sections 14-A, 14-B, and 14-C, establishing (in addition to the prior Department of Welfare) two new departments therefrom, namely: Section 14-B, a Department of Parks, Recreation and Forestry; and Section 14-C, a department of Health and Hospitals; each with dependent divisions.

Voter Adoption Date: November 4, 1958.

Submission Ordinance No. 57172

Submission Ordinance Approved March 23, 1976.

Amendment Substance: changing the name of the Department of Welfare as it appears in Sections 1 and 14-A of Article XIII to the Department of Human Resources, and changing the title of the Director of Welfare as said title appears in Sections 1 and 14-A (a), (b), (c), (d), and (c), to Director of Human Resources.

Voter Rejection Date: November 2, 1976.

Section 14-B Department of parks, recreation and forestry.

The department of parks, recreation and forestry shall be in the charge of a director of parks, recreation and forestry appointed by the mayor. The department shall include a division of parks, division of recreation and a division of forestry.

City Counselor Ops.: 7617, 7669, 7982, 8157A, 8185, 8209, 9221, 9362, 9485, 9785, 10417

McQuillin:

12.47 Parks Department

(a) Director--Qualifications--Duties. The director of parks, recreation and forestry shall be chosen on the basis of administrative ability and demonstrated interest in park and recreational problems. He shall be responsible for the supervision and coordination of all activities of the department of parks, recreation and forestry. He also shall grant all permits to occupy or use portions of any park, park area, historic site, playground, swimming pool, garden, or other area owned or used by the city for recreational purposes, and facilities in connection therewith, except highways, streets, or park drives therein, which such occupancy or use is consistent with the public use thereof and is not inconsistent with any law or general ordinance, and any such permit may be revoked by the director at any time.

City Counselor Ops.: 8601, 10008, 10407

(b) Division of parks. The division of parks shall be in the charge of the commissioner of parks appointed by the director of parks, recreation and forestry. The commissioner shall be responsible for developing, managing, operating, and maintaining parks, park areas, historic sites, playgrounds, swimming pools, gardens, and other areas owned or used by the city for recreational purposes, and facilities in connection therewith; for operating and maintaining the city's greenhouses and nurseries.

City Counselor Ops.: 9548

(c) Division of recreation. The division of recreation shall be in the charge of a commissioner of recreation appointed by the director of parks, recreation and forestry. The commissioner shall be responsible for the development and administration of the city's public recreational program and for general supervision and control over all other recreational activities in the city parks and recreational areas.

City Counselor Ops.: 9548, 10228

(d) Division of forestry. The division of forestry shall be in the charge of a commissioner of forestry appointed by the director of parks, recreation and forestry. The commissioner shall be responsible for planting, trimming, and maintaining all city-owned trees along all public highways, streets, boulevards, and parkways; and for maintaining free of weeds all unimproved or unused plots of ground owned by the city.

City Counselor Ops.: 8592, 9107, 10493

(e) Board of parks and recreation. There shall be a board of parks and recreation of six members appointed by the mayor for terms of four years, except that of the members first appointed one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. The board shall advise the director of parks, recreation and forestry on matters relating to parks and recreation, and shall hear complaints of individuals and groups concerning the use of parks and recreational facilities and make recommendations to the director relative thereto.

History:

Submission Ordinance No. 49101

Submission Ordinance Approved August 9, 1958.

Amendment Substance: repeal Section 14, and enacting a new Section 14, having 3 new Sections 14-A, 14-B, and 14-C, establishing (in addition to the prior Department of Welfare) two new departments therefrom, namely: Section 14-B, a Department of Parks, Recreation and Forestry; and Section 14-C, a department of Health and Hospitals; each with dependent divisions.

Voter Adoption Date: November 4, 1958.

Section 14-C Department of health and hospitals.

The department of health and hospitals shall be in charge of a director of health and hospitals appointed by the mayor. The department shall include the following divisions: (1) health, and (2) hospitals.

City Counselor Ops.: 7617, 7669, 7982, 88024, 8157A, 8185, 8209, 9221, 9485, 9785, 9916, 10289, 10453

Cases:

An ordinance providing for the department of safety rather than the department of health to enforce smoke emission standards was valid. Ballentine v. Nester, 164 S.W. 2d 378, 350 Mo. 58 (1942).

A hospital record which is required to be kept is admissible evidence. Galli v. Wells, 239 S.W. 894, 209 Mo. App. 460 (1922); Marx v. Parks, 39 S.W. 2d 570 (1931); Knickerbocker v. Athletic Tea Co., 285 S.W. 797 (1926).

City can regulate health standards in school lunchrooms. Bredeck v. Board of Education of City of St. Louis, 213 S.W. 2d 889 (1948).

McQuillin:

12.51 Health Department

(a) Director--Qualifications. The director of health and hospitals shall be a regularly licensed practitioner of medicine and surgery and a graduate of a recognized school of medicine or shall have completed graduate work in a recognized school of public health to the level of a Master's Degree in Public Health or have been certified by the American Board of Preventive Medicine and Public Health. The director also shall have had at least three years' experience in the practice of medicine and at least three years' experience in public health work, with at least two years of such experience in a responsible administrative capacity.

History:

Submission Ordinance No. 65578

Amendment Substance: repeal Section (a) so Director does not have to be a doctor.

Voter Adoption Date: November 5, 2002.

(b) Director--Duties. The director of health and hospitals shall be responsible for the supervision and coordination of all activities of the department of health and hospitals.

City Counselor Ops.: 8021

(c) Division of health. The division of health shall be in the charge of a health commissioner appointed by the director of health and hospitals. The commissioner shall have general supervision over the public health and shall be responsible for the administration of the public health programs. He shall adopt, with the approval of the director of health and hospitals and after submission to the board of health for its conclusions and recommendations, and consistent with the provisions of this charter and any law or ordinance, such rules and regulations as will tend to preserve or promote the public health. The health commissioner shall see that the laws and ordinances relating to public health are observed and enforced, and for such purpose he may enter or authorize and require any employee or police officer to enter and inspect any building, lot, or place within the city for conditions affecting the public health, and may declare and abate nuisances as provided by this charter or by law or ordinance. If he finds that the existence of a nuisance is plain and its continuance a danger to public health, he may declare such nuisance and danger and enter such declaration in the records of his office. He shall then immediately abate such nuisance without notice. In all other cases, before abating a nuisance on private property, he shall hold a hearing upon notice given personally to the owner or his agent or by posting on or near the premises, whereupon he may declare the nuisance and order its abatement. If the nuisance is not abated as ordered, he shall abate the same. In case of abatement of nuisance on private property, the cost thereof may be assessed and collected as a special tax and be a lien on such property as provided by ordinance. Any person causing or maintaining any nuisance shall be liable to the city in a civil action for the expense incurred in abating such nuisance. Failure to abate a nuisance after an order of abatement shall constitute a misdemeanor, punishable as provided by ordinance.

Whenever any malignant, infectious, or contagious disease is threatened or is prevalent in the city, on proclamation thereof by the mayor and with the approval of the mayor and the director of health and hospitals, the health commissioner may take such steps, use such measures, and incur such expense as he deems necessary to avoid, suppress, or mitigate such disease until the mayor proclaims the need therefor ended, notwithstanding anything to the contrary in this charter or in any ordinance.

The health commissioner shall have charge of the quarantine, the dog pound, and the registration of all births and deaths within the city.

The commissioner shall keep a record of his acts and orders and shall file in his office all petitions, documents, and papers belonging thereto. Copies of such records, petitions, documents, and papers when certified by him or as provided by ordinance shall be prima facie evidence in any court of the facts therein contained.

City Counselor Ops.: 9957, 10325

(d) Division of hospitals. The division of hospitals shall be in the charge of a hospital commissioner appointed by the director of health and hospitals. The commissioner shall be responsible for the operation of all hospitals, infirmaries, other institutions for the care of the sick, and nursing schools, except such clinics and medical activities as are carried on as functions of the division of health.

(e) Board of health. There shall be a board of health of five members appointed by the mayor for terms of four years, except that of the members first appointed one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. The board shall advise the director of health and hospitals on matters relating to public health; examine all proposed public health rules and regulations and transmit its conclusions and recommendations to the director; and hear and determine such appeals from decisions, rulings, and orders of the health commissioner as may be provided for by ordinance.

City Counselor Ops.: 8453

(f) Board of hospitals. There shall be a board of hospitals of eight members appointed by the mayor for terms of four years, except that of the members first appointed two shall be appointed for terms of one year, two for terms of two years, and two for terms of three years. Three members of the board shall be regularly licensed practitioners of medicine or surgery, of which members two shall be appointed after consultation with the deans of medical schools whose faculties assist in making medical services available at city hospitals, and one shall be appointed after consultation with the St. Louis Medical Society. At least two non-medical members of the board shall have had at least three years' experience as a member of said board or of the governing board of an accredited general hospital. The board of hospitals shall advise the director of health and hospitals on matters relating to hospitals. The board shall meet not less than six times a year to receive from the hospital commissioner a report on the activities and problems of his division since the next preceding meeting and such special reports as the board may request.

(g) Joint meetings of health and hospital boards. The board of health and the board of hospitals shall meet together upon call of the director of health and hospitals.

History:

Submission Ordinance No. 49101

Submission Ordinance Approved August 9,1958.

Amendment Substance: repeal Section 14, and enacting a new Section 14, having 3 new Sections 14-A, 14-B, will 14-C, establishing (in addition to the prior Department of Welfare) two new departments therefrom, namely: Section 14-B, a Department of Parks, Recreation and Forestry; and Section 14-C, a department of Health and Hospitals; each with dependent divisions.

Voter Adoption Date: November 4, 1958.

Submission Ordinance No. 58647

Submission Ordinance Approved August 31, 1982

Amendment Substance: deletion of Section 14-C and substitution of new Section 14-C, combining the Board of Health and Board of Hospitals.

Rejected by Voters

Section 15 Department of public safety.

The department of public safety shall include the following divisions:

City Counselor Ops.: 8401, 9706, 9790, 10289

(a) Division of police. When the city is permitted by law to establish and maintain a police department, such department shall be a division hereunder. The head of said division shall be known as police commissioner. He may be removed, with or without cause, by the director of public safety or by the governor of the state.

City Counselor Ops.: 7895

(b) Division of excise. When the city is permitted by law to establish and maintain an excise department, such department shall be a division hereunder. The head of said division shall be known as excise commissioner. He may be removed, with or without cause, by the director of public safety or by the governor of the state.

(c) Division of fire and fire prevention. There shall be a division of fire and fire prevention which shall manage, control and conduct the fire department, and take all proper steps for fire prevention or suppression. The head of said division shall be known as chief of the fire department. In case of emergency, with the approval of the director of public safety, he may purchase or hire whatever may be required for the emergency, with or without authority or appropriation by ordinance therefor. He or any assistant in charge at any fire shall have the same police powers at such fire as the chief of police, under such regulations as may be prescribed by ordinance. He may appoint a fire marshal, whose duty it shall be, subject to the chief of the fire department, to investigate the cause, origin and circumstances of fire and the loss occasioned thereby and assist in the prevention of arson. The chief of the fire department shall have charge of the fire and police telegraph and telephone systems.

City Counselor Ops.: 7926-A, 8077, 8934, 9114, 9220, 9335

Cases:

The city has the power to inspect buildings and enforce fire regulations. Kalbfell v. City of St. Louis, 211 S.W. 2d 911, 357 Mo. 986 (1948).

History:

Submission Ordinance No. 49102

Submission Ordinance Approved August 9, 1958.

Amendment Substance: repealing Section 15(c) and substituting a new Section 16, taking the Division of Fire and Fire Prevention from the Department of Public Safety and establishing a new Fire Department and providing for its administration, hours of working and equipage.

Voter Rejection Date: November 4, 1958.

Submission Ordinance No. 54217

Submission Ordinance Approved June 7, 1966.

Submission Ordinance amended by Ordinance No. 54276, approved August 26, 1966, changing date of election from August 2, 1966, to November 8, 1966.

Amendment Substance: repealing Section 15(c) relating to the Division of Fire and Fire Prevention, and enacting a new Section 16 establishing a Fire Department with four dependent subsections (a), (b), (c), and (d), establishing a Fire Chief and other lesser offices, defining their duties, making the Fire Chief a member of the Board of Public Service; restoring replaced fire chiefs to their prior rank and salary; appointment and duties of a Fire Marshal; requiring, except in emergencies, the hours of duty, compensation, etc. of Fire Department members to be by ordinance recommended as per Article XVIII, Civil Service.

Voter Rejection Date: November 8, 1966.

(d) Division of weights and measures. There shall be a division of weights and measures, which shall execute all ordinances regulating or relating to weights and measures or the inspection thereof. The head of said division shall be known as the commissioner of weights and measures.

(e) Division of building and inspection. There shall be a division of building and inspection. It shall superintend all buildings belonging to or under the control of the city and have charge of the condemnation of unsafe buildings and the prevention of the use of buildings while unsafe, the granting of building permits, the inspection of all buildings in course of construction, the enforcement of all building ordinances, the supervision of all plumbing, the abatement of the smoke nuisance, and the inspection of all boilers, elevators and mechanical plants. The head of said division shall be known as the building commissioner.

City Counselor Ops.: 8624, 9658, 9946, 10085, 10226, 10276, 10394

Cases:

An ordinance providing for the department of safety rather than the department of health to enforce smoke emission standards was valid. Ballentine v. Nester, 164 S.W. 2d 378, 350 Mo. 58 (1942).

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).

The building commissioner has some discretion to determine the meaning of certain standards. Kalbfell v. City of St. Louis, 211 S.W. 2d 911, 357 Mo. 986 (1948).

The building commissioner may condemn a building only when it cannot be made safe. Aronoff v. City of St. Louis, 327 S.W. 2d 171 (1959).

City may regulate through the use of building codes and provide for their enforcement. Euge v. Trantina, 298 F.Supp. 873 (1969).

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