Politics & Government

It's the Law: Clayton Codes Reference Sleeping People, $1,000 Fines

We explore the interesting, curious and thought-provoking topics discussed in the city's code of ordinances.

The decisions made by officials in Clayton are guided by a code of ordinances. The code book contains information outlining why many meetings are held in view of the public, why some actions are considered criminal and what groups of people make decisions about which kinds of city activity.

So what exactly does this book say? Clayton-Richmond Heights Patch is determined to find out. We're reading through the electronic version of the volume to share with you the entries we find most interesting, curious and thought-provoking. This is the first installment in an occasional series called "It's the Law." We'll also be exploring Richmond Heights codes later this summer.

Feel free to join us by reading along and posting your own observations in a comment to this article.

DEFINITIONS, PLEASE (Section 100.020)
This section defines terms that are used throughout Clayton's code. Among those that stood out to us:

  • Delegation of authority: Department heads (think parks director, or public works superintendent) are busy people. Lucky for them, just because a law states that they have to do something doesn't mean they have to act personally. Unless otherwise stated, this definition means they can "designate, delegate and authorize subordinates to perform the required act or make the required inspection."
  • Residence: Ever wonder what needs to happen for a place to become your residence? Dream on. No, really: "When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his/her residence," the definition states.
  • Street: This code allows officials to refer to any public way—including an avenue, a boulevard or an alley—as a street. We think Shakespeare spoke to this when he said, "A street, by any other name, would smell—." Well, you get the idea.
  • Written, in writing and writing word for word: Acceptable forms of writing include printing and lithography, which Merriam-Webster defines as "the process of printing from a plane surface (as a smooth stone or metal plate) on which the image to be printed is ink-receptive and the blank area ink-repellent." And just to be clear, "in writing" is not equivalent to "signature." So if the law states that you must sign a document, prepare to give it the ol' John Hancock.

ALL FOR ONE, AND ONE FOR ALL (Section 100.030)
When interpreting provisions of city code, the Clayton rules state, those responsible must act in an effort to promote the following:

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  • public health
  • safety
  • comfort
  • convenience
  • general welfare

SORRY, NO TAKE-BACKS (Section 100.050)
You've been found guilty of an offense in Clayton. Or you've been required to pay a fine, penalty or forfeiture. If the city decides to repeal or amend the provision under which you were convicted, you don't get a free pass: "The trial and punishment of all such offenses, and the recovery of the fines, penalties or forfeitures shall be had, in all respects, as if the provision had not been repealed or amended, except that all such proceedings shall be conducted according to existing procedural laws," the section states.

TICK, TOCK (Section 100.080)
This section permits Clayton to operate in its appropriate U.S. time zone and to follow daylight saving time. But that just makes the section sound boring. Here's how the document puts it: "United States standard time for the zone in which the City is located shall be the official time of the City, but if that time is not later than the mean astronomical time of the ninetieth degree (90°) of longitude west from Greenwich, the official time of the City shall be advanced one (1) hour from 2:00 A.M. on the last Sunday in April until 2:00 A.M. on the last Sunday in October in each year."

THREE'S COMPANY, TOO (Section 100.090)
Clayton law requires the city clerk to keep three copies of the code of ordinances. The purpose? To show "all changes which have taken place since the publication thereof," subsection A states.

THIS SEAL WON'T BARK (Section 100.100)
This law tells how Clayton's official city seal must be constructed. It should include:

  • Metallic disc no more than 2 1/2 inches wide
  • Border containing the words "City of Clayton, St. Louis County, Missouri"
  • Word "seal" engraved in the center

NO PENALTY? NO PROBLEM (Section 100.110)
If you're convicted of committing an offense for which a penalty hasn't been developed, you aren't off the hook. This law says you can be punished with a fine of $1,000 or less, jail time of 90 days or less, or a combination of both fine and imprisonment (Subsection A).

TWO PENALTIES? TAKE YOUR PICK (Section 100.140)
Now consider the opposite. You commit an offense that, under city code, has two possible punishments. Nope—that doesn't mean the rules offset each other. Rather, this section allows the city to choose which section of law it will use to prosecute you.

IMPROMPTU GENERAL FUND-RAISER (Section 100.150)
That money you had to pay for violating a city code? It went to the city treasury and will be credited to the city's general fund per this section.

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