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BULLET St. Louis City Revised Code Chapter 22.42 Park, Square or Plaza Land Use

St. Louis City Revised Code (annotated) 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 City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 22.42
Park, Square or Plaza Land Use

Sections:

22.42.010 Definitions.
22.42.020 Use authorization.
22.42.030 Lease required.
22.42.040 Lease required--Exceptions.
22.42.050 Lease requirements.
22.42.060 Alteration or construction--Permit required.
22.42.070 Permit application--Granting.
22.42.080 Permit application--Review.
22.42.090 Permit application--Report to Clerk.
22.42.100 Copy of report to Board members.
22.42.110 Permit--Issuance procedure.
22.42.120 Permit--Resolution to grant or deny application--Hearing.
22.42.130 Permit--Resolution to grant or deny application--Second reading.
22.42.140 Permit--Application modification.

22.42.010 Definitions.

As used in this chapter, the following terms have the following meanings:

A. "Land" means the entire physical territory within all public parks, plazas and squares owned by or hereafter acquired or established by the City and the air space above and the earth or water below the surface thereof, including permanent or temporary buildings or structures of any kind and parking lots or facilities of any kind.

B. "Person" means an individual person, partnership, association, group, corporation, trust, political subdivision, board, or any other legal entity of any kind whatsoever.

C. "Use" means to conduct any activity upon, to have the right to occupy to the exclusion of others or to exclude others (whether or not exercised), to have the right to exclude others from using, or to have the right to construct or maintain any permanent or temporary building, structure or parking lot or facility, on, above, or below.
(Ord. 59741 1, 1986.)

22.42.020 Use authorization.

On and after the effective date of this ordinance, no person, (other than the City for park or recreation purposes) shall be authorized or permitted to use any land within a public park, square or plaza owned by or hereafter acquired or established by the City except as provided by this chapter.
(Ord. 59741 2, 1986.)

Editor's Note:

Ordinance 59741 was passed March 4, 1986.

22.42.030 Lease required.

Except as provided in Section 22.42.040, no person shall be permitted to use any land except pursuant to a lease authorized by ordinance which lease complies with the requirements of Section 22.42.050. No lease of any land shall be authorized or executed pursuant to Section 5.04.090.
(Ord. 59741 3, 1986.)

22.42.040 Lease required--Exceptions.

Section 22.42.030 shall not apply to:

A. Persons using land in a park, square, or plaza for thirty (30) days or less, which use does not involve construction of a building of any kind which is intended to be permanent, or of a parking lot; such uses may be permitted by the Board of Public Service or by the Director of Parks, Recreation and Forestry pursuant to and in compliance with the City Charter;

B. Land used on the effective date of this ordinance by any person pursuant to a valid permit of the Board of Public Service or of the Director of Parks, Recreation and Forestry, for the term of such permit or for the term of any renewal of such permit to such person or to the lawful successors or assigns of such person, for use of the same land, on conditions as to use of the land and operations thereon which are substantially identical to the present conditions of such permit, subject, however, to the provisions of Section 22.42.060;

C. Land used on the effective date of this ordinance by any person pursuant to statute, ordinance, or lease, for the term if any authorized by such statute, ordinance, or lease subject, however to the provisions of Section 22.42.060;

D. Persons engaging in athletic or recreational activities on a daily or seasonal basis pursuant to valid permits of the Director of Parks, Recreation and Forestry;

E. Persons using land pursuant to a valid concession contract with the City;

F. Persons leasing buildings in the public parks pursuant to Section 22.04.100;

G. St. Louis 2004 Corporation during the period May 1 through November 15, 2004, for the erection and operation of a ferris wheel in Forest Park, under a permit issued by the Board of Public Service for the same location, and with terms, conditions and requirements substantially similar to those set forth in Exhibit A to Ordinance 65675, and/or the permit issued for the ferris wheel for December 11, 2003 through January 9, 2004, which permit is approved by the City Counselor's office as consistent herewith; provided, that the insurance required in such a permit shall be as follows:

1. At no cost to the City, St. Louis 2004 shall procure, or shall cause Premier Entertainment Corporation ("PEC"), lessee of the ferris wheel, and the operator of the ferris wheel, to procure and maintain on file with the City's Comptroller at all times during the term of this permit and prior to the commencement of installation of the ferris wheel, insurance and certificates or other evidence of such insurance as hereafter specified. The policies shall name "The City of St. Louis and its officers, agents, and employees" as additional insureds and be issued by financially sound insurers approved by the City's Comptroller's Office. Said insurance shall be primary and non-contributory to the City.

2. Insurance in the initial minimum amounts, below, shall be provided:

a. Worker's Compensation: Missouri statutory.

b. Comprehensive Liability (to include premises, operations, products, and completed operations and personal and bodily injury including death):

 

Each Occurrence

Aggregate

Combined Bodily Injury and Property Damage

$1,000,000

$5,000,000 (ferris wheel operator)

 

$1,000,000

Unlimited (PEC)

Umbrella Coverage

$5,000,000 (ferris wheel operator)

$19,000,000 (PEC)

3. St.Louis 2004 shall also use its best efforts (not requiring expenditure of funds) to cause the City of St. Louis, its officers, employees and agents to be named as additional insureds on all policies of insurance on the ferris wheel carried by the owner of the ferris wheel, and, shall also cause the City of St. Louis, its officers, employees and agents to be named as additional insureds during the term of this permit on all policies of insurance on the ferris wheel carried by itself or PEC, or its subsidiaries or affiliates, other than and in addition to the policies required by subsection (G)(2) of this section, and shall file certificates relating to such additional policies in like manner as the certificates required for the policies required by subsection (G)(2).
(Ord. 66253 1, 2004: prior: Ord. 59741 4, 1986.)

22.42.050 Lease requirements.

Any lease authorized pursuant to Section 22.42.030 shall:

A. Have been reviewed and favorably recommended in writing to the final form thereof by the Board of Public Service prior to the adoption of the ordinance authorizing its execution;

B. Provide for fair and reasonable consideration to the City;

C. Provide that all rental payments under such lease shall be held by the Comptroller in an account for the use and benefit of the Department of Parks, Recreation and Forestry;

D. Provide for immediate termination and forfeiture of such lease in the event of any breach by the lessee of any provision thereof;

E. Contain express acknowledgements by the lessee that neither expenditures of funds by lessee, nor construction of improvements, if any, by lessee, nor any representation by any City official or employee, shall create any valid expectancy or right in the lessee to renewal of such lease, or obligation by the City to renew such lease, and that the lessee's performance of all its undertakings in such lease, over the term of the lease, is a valid factor for consideration by the City in determining whether such lease shall be renewed;

F. Provide that any and all construction or work on the leased premises by the lessee shall be done in complete compliance with all applicable City, State and Federal Codes and pursuant to plans and specifications approved by the Board of Public Service, the Division of Heritage and Urban Design and subject to approval by or permit of any other City department or agency whose approval or permission may be required under the City Charter or ordinance prior to the commencement of any construction or work;

G. Require submission by the lessee to the Director of Parks, Recreation and Forestry of a written annual report describing in detail the activities and operations of the lessee on the land in the preceding year;

H. Contain such other provisions as are appropriate to the protection of the City's interests;

I. Be approved by the City Counselor as to form and as being in all respects consistent with this chapter prior to the adoption of the ordinance authorizing its execution.
(Ord. 59741 5, 1986.)

22.42.060 Alteration or construction--Permit required.

Whenever any person using land pursuant to a permit or authorization described in subsections B or C of Section 22.42.040 proposes to change the actual use of all or any part of such land, or to make any alteration, including construction, demolition, or an increase in height, of any permanent or temporary structure or parking lot on such land, or to excavate beneath any existing temporary or permanent building or parking lot on such land, such person shall apply for a permit to the Board of Public Service.
(Ord. 59741 6, 1986.)

22.42.070 Permit application--Granting.

A. Any applications required by Section 22.42.060 for permits to make or perform interior alterations, routine maintenance, replacement of existing facilities in kind, general beautification, or an alteration expressly contemplated or authorized in the permit, statute, ordinance or lease under which the applicant is using the land, shall be granted or denied by the Board of Public Service in accordance with its customary procedures.

B. A copy of any application required by Section 22.42.060 which is not expressly described in subsection A of this section shall be delivered immediately upon receipt by the Secretary of the Board of Public Service to the Clerk of the Board of Aldermen.
(Ord. 59741 7, 1986.)

22.42.080 Permit application--Review.

The Board of Public Service shall review applications described in subsection B of Section 22.42.070, and if such Board determines that any such application should be denied, it shall deny such application and shall advise the Clerk of the Board of Aldermen of such fact in writing.
(Ord. 59741 8, 1986.)

22.42.090 Permit application--Report to Clerk.

If the Board of Public Service determines that any application described in subsection B of Section 22.42.070, should be granted, it shall report such fact in writing to the Clerk of the Board of Aldermen, together with its findings from its review of such application, and the reason for its determination.
(Ord. 59741 9, 1986.)

22.42.100 Copy of report to Board members.

Upon receipt of a report from the Board of Public Service pursuant to Section 22.42.090, the Clerk of the Board of Aldermen shall furnish a copy of such report to all the current members of the Board of Aldermen.
(Ord. 59741 10, 1986.)

22.42.110 Permit--Issuance procedure.

No permit requested in an application described in subsection B of Section 22.42.070 shall be issued by the Board of Public Service for sixty (60) days after the date of the delivery of its report pursuant to Section 22.42.090 to the Clerk of the Board of Aldermen, unless the Clerk of the Board of Aldermen earlier delivers to the Secretary of the Board of Public Service a report approving such issuance as provided in Section 22.42.140. The expiration of such sixty (60) day period without delivery of a report under Section 22.42.140 to the Secretary of the Board of Public Service shall terminate the authority of the Board of Aldermen on such application under this chapter.
(Ord. 59741 11, 1986.)

22.42.120 Permit--Resolution to grant or deny application--Hearing.

After receipt of a report from the Board of Public Service pursuant to Section 22.42.090, any member of the Board of Aldermen may introduce a resolution recommending the grant or denial of the application, or the grant of such application subject to specified modifications of the application. Unless such a resolution shall have unanimous consent of the members of the Board of Aldermen present for its consideration at the meeting at which it is first read, such a resolution shall be referred to the Committee on Parks and Environmental Matters, or to any successor committee thereto, or to any special committee on the park affected; the committee to which such resolution is referred may hold a public hearing on such resolution. A notice of the date, time and place of such hearing shall be given at least five (5) days before the date thereof in writing by certified mail to the applicant; and by delivery to the Secretary of the Board of Public Service and the Director of Parks, Recreation and Forestry.
(Ord. 59741 12, 1986.)

22.42.130 Permit--Resolution to grant or deny application--Second reading.

After such hearing, such Committee shall report such resolution, with Committee amendments, if any, to the Board of Aldermen for second reading and final action.
(Ord. 59741 13, 1986.)

22.42.140 Permit--Application modification.

The Clerk of the Board of Aldermen shall immediately report in writing the final action by the Board of Aldermen on such a resolution to the Secretary of the Board of Public Service, with a copy of any adopted resolution. Thereafter, such Board shall grant, or deny, the application in accordance with the action of the Board of Aldermen. If the Board of Aldermen by resolution recommends grant of such an application, subject to specified modifications of the application, the applicant shall be so advised, and if the application is so modified, the permit may, but need not, be granted by the Board of Public Service, otherwise it shall be denied.
(Ord. 59741 14, 1986.)

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