The purpose of the C-1, General Commercial District, is to provide areas for the development of general retail sales and selected service activities at accessible locations in the city. The C-1 district is further intended to implement the city's Land Use Plan for land that is designated as commercial and is not located in the downtown area. The C-1 district is not intended to allow industrial uses. In addition to the selected services that are permitted uses, other service and retail uses which would not normally be appropriate in the C-1 district may be allowed as special uses with conditions specified by the City Council to safeguard the public health, safety, morals, and welfare.

The C-1 district is designed to allow considerable latitude in the range of retail uses allowed, provided that the uses are legal and no outdoor storage is conducted except as otherwise provided herein. Permitted uses are listed according to the Standard Industrial Classification (SIC) manual published by the Office of Management and Budget, 1987 edition. The specific uses set forth herein taken from the 1987 SIC Manual, are adopted by reference as specifically set forth herein and made a part of this article as if fully set out in this article. A copy of the 1987 SIC Manual is on file in the office of the City Clerk. If a particular use is not listed within the same classification code as a listed permitted use, it is not allowed within the C-1 district. In addition, any building use primarily for any of the uses issued in Section 13.2. may have not more than 40 percent of the floor area devoted to storage or incidental assembly of products sold on the premises. Buildings or structures may be erected, altered, or used for one or more of the following:

A.

Agricultural Services.

(1)

Veterinary Services (all uses within SIC Code 0742).

B.

Transportation and Communication Uses.

(1)

Local and Suburban Transit and Interurban Highway Passenger Transportation (all uses within SIC Code 41).

(2)

U.S. Postal Service (all uses within SIC Code 43).

(3)

Communication (all uses within SIC Code 48).

C.

Building Materials, Hardware, and Garden Supply, including only the following:

(1)

Lumber and Other Building Materials Dealers (SIC Code 5211) including only:

(a)

Doors—retail.

(b)

Fencing dealers—retail.

(c)

Flooring, wood—retail.

(d)

Garage doors—retail.

(e)

Lumber and building material dealers—retail.

(f)

Lumber and planing mill product dealers—retail.

(g)

Millwork and lumber dealers—retail.

(h)

Paneling—retail.

(i)

Storm windows and sash, wood or metal—retail.

(2)

Paint, Glass, and Wallpaper Stores (ail uses within SIC Code 523).

(3)

Hardware Stores (all uses within SIC Code 525).

(4)

Retail Nurseries, Lawn and Garden Supply Stores (all uses within SIC Code 526).

D.

General Merchandise Stores (all uses within SIC Code 53).

E.

Food Stores (all uses within SIC Code 54).

F.

Automotive Dealers and Gasoline, Service Stations, including only the following:

(1)

Motor Vehicle Dealers-New or New and Used (all uses within SIC Code 551).

(2)

Auto and Home Supply Stores (all uses within SIC Code 553).

(3)

Gasoline Service Stations (all uses within SIC Code 554).

(4)

Boat Dealers (all uses within SIC Code 555).

(5)

Recreational and Utility Trailer Dealers (all uses within SIC Code 556).

(6)

Motorcycle Dealers (all uses within SIC Code 557).

(7)

Other New Automotive Dealers (all uses within SIC Code 559).

G.

Apparel and Accessory Stores (all uses within SIC Code 56).

H.

Furniture, Home Furnishings and Equipment Stores (all uses within SIC Code 57).

I.

Eating Places (all uses within SIC Code 5812, provided that such does not have a drive-through window and is not a drive-in business).

J.

Miscellaneous Retail, including only the following:

(1)

Drug Stores and Proprietary Stores (all uses within SIC Code 5912).

(2)

Liquor Stores (all uses within SIC Code 5921).

(3)

Miscellaneous Shopping Goods Stores (all uses within SIC Code 594).

(4)

Retail Stores, Not Elsewhere Classified (all uses within SIC Code 599 except auction rooms); the term "Retail Stores, Not Elsewhere Classified" shall not include adult-related businesses, including adult bookstores, adult novelty shops, and adult retail stores as those terms are defined in Article II of Chapter 3 of the Ferguson Code of Ordinances.

K.

Depository Institutions, including only the following:

(1)

Central Reserve Depository Institutions (all uses within SIC Code 601).

(2)

Commercial Banks (all uses within SIC Code 602).

(3)

Savings Institutions (all uses within SIC Code 603).

(4)

Credit Unions (all uses within SIC Code 606).

(5)

Foreign Banking (all uses within SIC Code 608).

(6)

Functions Related to Depository Banking, including:

(a)

Non-deposit Trust Facilities (all uses within SIC Code 6091).

(b)

Functions Related to Depository Banking, Not Elsewhere Classified (all uses within SIC Code 6099 except Check Cashing agencies).

L.

Non-depository Credit Institutions, including only the following:

(1)

Federal and Federally-Sponsored Credit Agencies (all uses within SIC Code 6111).

(2)

Business Credit Institutions (all uses within SIC Code 615).

(3)

Mortgage Bankers and Brokers (all uses within SIC Code 616).

M.

Security and Commodity Brokers, Dealers, Exchanges, and Services (all uses within SIC Code 62).

N.

Insurance (all uses within SIC Code 63).

O.

Insurance Agents, Brokers, and Service (all uses within SIC Code 64).

P.

Real Estate, including only the following:

(1)

Real Estate Operators (except Developers) and Lessors, including only the following:

(a)

Operators of Nonresidential Buildings (all uses within SIC Code 6512).

(b)

Operators of Apartments (all uses within SIC Code 6513).

(c)

Operators of Dwellings Other Than Apartment Buildings (all uses within SIC Code 6514).

(2)

Real Estate Agents and Managers (all uses within SIC Code 653).

(3)

Title Abstract Offices (all uses within SIC Code 654).

(4)

Sub-dividers and Developers, Except Cemeteries (all uses within SIC Code 6552).

Q.

Holding and Other Investment Offices (all uses within SIC Code 67).

R.

Hotels, Motels, and Tourist Courts (all uses within SIC Code 701).

S.

Personal Services, including only the following:

(1)

Laundry, Cleaning, and Garment Services, including only the following:

(a)

Garment Pressing and Agents for Laundries and Dry Cleaners (all uses within SIC Code 7212).

(b)

Coin-Operated Laundries and Dry Cleaning (all uses within SIC Code 7215).

(c)

Laundry and Garment Services, not elsewhere classified (all uses within SIC Code 7219).

(2)

Photographic Studios, Portrait (all uses within SIC Code 722).

(3)

Beauty Shops (all uses within SIC Code 723).

(4)

Barber Shops (all uses within SIC Code 724).

(5)

Shoe Repair Shops and Shoeshine Parlors (all uses within SIC Code 725).

(6)

Funeral Service and Crematories (all uses within SIC Code 726).

(7)

Miscellaneous Personal Services.

(a)

Tax Return Preparation Services (all uses within SIC Code 7291).

(b)

Miscellaneous Personal Services, Not Elsewhere Classified (all uses within SIC Code 7299 except escort services, massage parlors, steam baths, tattoo parlors, and Turkish baths).

T.

Business Services, including only the following:

(1)

Advertising (all uses within SIC Code 731).

(2)

Consumer Credit Reporting Agencies, Mercantile Reporting Agencies, and Adjustment and Collection Agencies (all uses within SIC Code 732).

(3)

Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services (all uses within SIC Code 733).

(4)

Miscellaneous Equipment Rental and Leasing, including only the following:

(a)

Medical Equipment Rental and Leasing (all uses within SIC Code 7352).

(b)

Equipment Rental and Leasing, Not Elsewhere Classified (all uses within SIC Code 7359 except airplane rental and leasing, industrial truck rental and leasing, oil field equipment rental and leasing, and oil well drilling equipment rental and leasing).

(5)

Personnel Supply Services (all uses within SIC Code 736).

(6)

Computer Programming, Data Processing, and Other Computer Related Services (all uses within SIC Code 737).

(7)

Miscellaneous Business Services, including only the following:

(a)

Detective, Guard, and Armored Car Services (all uses within SIC Code 7381).

(b)

Security Systems Services (all uses within SIC Code 7382).

(c)

News Syndicates (all uses within SIC Code 735).

(d)

Photo finishing Laboratories (all uses within SIC Code 7384).

(e)

Business Services, Not Elsewhere Classified (all uses within SIC Code 7389 except Gas systems, contract conversion from manufactured to natural gas, and Scrap steel cuffing on a contract or fee basis).

U.

Automotive Repair, Services, and Garages, including only the following:

(1)

Automotive Rental and Leasing, Without Drivers (all uses within SIC Code 751).

(2)

Automobile Parking (all uses within SIC Code 752).

(3)

Car Washes (all uses within SIC Code 7542, except bus washing and truck washing).

V.

Miscellaneous Repair Services, including only the following:

(1)

Electrical Repair Shops (all uses within SIC Code 762).

(2)

Watch, Clock, and Jewelry Repair (all uses within SIC Code 763).

(3)

Re-upholstery and Furniture Repair (all uses within SIC Code 764).

W.

Motion Pictures (all uses within SIC Code 78).

X.

Amusement and Recreation Services (all uses within SIC Code 79).

Y.

Health Services (all uses within SIC Code 80).

Z.

Legal Services (all uses within SIC Code 81).

AA.

Educational Services (all uses within SIC Code 82).

BB.

Social Services, including only the following:

(1)

Individual and Family Social Services (all uses within SIC Code 832) including Adult Day Care Centers.

(2)

Job Training and Vocational Rehabilitation Services (all uses within SIC Code 833).

CC.

Museums, Art Galleries, Botanical and Zoological Gardens (all uses within SIC Code 84.

DD.

Membership Organizations, including only the following:

(1)

Business Associations (all uses within SIC Code 861).

(2)

Professional Membership Organizations (all uses within SIC Code 862).

(3)

Labor Unions and Similar Labor Organizations (all uses within SIC Code 863).

(4)

Civic, Social, and Fraternal Associations (all uses within SIC Code 864).

(5)

Political Organizations (all uses within SIC Code 865).

(6)

Other Membership Organizations (all uses within SIC Code 869).

EE.

Engineering, Accounting, Research, Management, and Related Services, including only the following:

(1)

Engineering, Architectural, and Surveying Services (all uses within SIC Code 871).

(2)

Accounting, Auditing, and Bookkeeping Services (all uses within SIC Code 872).

(3)

Research, Development, and Testing Services, including only the following:

(a)

Commercial Economic, Sociological, and Educational Research (all uses within SIC Code 8732).

(4)

Management and Public Relations Services, including only the following:

(a)

Management Services (all uses within SIC Code 8741).

(b)

Management Consulting Services (all uses within SIC Code 8742).

(c)

Public Relations Services (all uses within SIC Code 8743).

(d)

Business Consulting Services, Not Elsewhere Classified (all uses within SIC Code 8748).

FF.

Services Not Elsewhere Classified (all uses within SIC Code 89).

GG.

Public Administration, including only the following:

(1)

Executive, Legislative, and General Government, except Finance (all uses within SIC Code 91).

(2)

Justice, Public Order, and Safety, including only the following:

(a)

Courts (all uses within SIC Code 921).

(b)

Police Protection (all uses within SIC Code 9221).

(c)

Legal Counsel and Prosecution (all uses within SIC Code 9222).

(d)

Fire Protection (all uses within SIC Code 9224).

(e)

Other Public Order and Safety (all uses within SIC Code 9229).

(3)

Public Finance, Taxation, and Monetary Policy (all uses within SIC Code 93).

(4)

Administration of Human Resources Programs (all uses within SIC Code 94).

(5)

Administration of Environmental Quality and Housing Programs (all uses within SIC Code 95).

(6)

Administration of Economic Programs (all uses within SIC Code 96).

(7)

National Security and International Affairs (all uses within SIC Code 97).

HH.

Medical Marijuana Dispensaries.

(Ord. No. 2007-3302, 2-27-07; Ord. No. 2019-3666, § 2, 7-23-19; Ord. No. 2020-3672, § 2, 2-25-20)

Uses and structures customarily accessory to a permitted use may be allowed. Residential uses shall be allowed as an accessory use provided that such use is not located on the ground floor of any building. Donation receptacles are allowed as an accessory use provided that such use conforms to the Codes of Ordinance, Section 7-237, and minimum standards for donation receptacles.

Special uses may be allowed based on the provisions of Section 23.0, Special Use Regulations, and the criteria in this section.

A.

Vehicle Sales and leasing based on the following criteria:

(1)

Shall be located on a site of at least one acre.

(2)

All vehicles shall be in proper running order. Vehicles which are not in proper running order may be parked on the premises for a period not to exceed 14 days. At no time shall such vehicles exceed ten percent of the parking capacity of the premises, or twenty vehicles, whichever is less.

(3)

Shall be located at least 1,000 feet from the nearest lot line of any existing used motor vehicle sales establishment within the City of Ferguson.

(4)

The following design and maintenance standards shall apply to all parking on premises utilized for used car sales, regardless of whether said parking is occupied by vehicles offered for sale, held for repair, or by customers and employees:

(a)

Parking spaces (except for parallel parking spaces) shall be a minimum of nine feet wide, 19 feet long, and shall provide seven feet of vertical clearance.

(b)

Parallel parking spaces shall have minimum dimensions of 8 feet wide by 23 feet long.

(c)

All spaces shall be accessible from a public street, without the need to cross a sidewalk except at an authorized curb cut, and without the need to move other vehicles.

(d)

All vehicles, whether offered for sale, held for repair, or of customers and employees, shall be parked in a parking space. Parking of vehicles without regard to the location of parking spaces, for the purpose of increasing the number of vehicles that are stored, is expressly prohibited.

(5)

Additional criteria necessary to protect the public health, safety, and welfare as determined by the City Council.

B.

Used Merchandise Sales and Auction Rooms. The following establishments (classified under SIC Code 5932) engaged in the retail sales of used merchandise or auction rooms (classified under SIC Code 5999) may be allowed as special uses, provided that such use is limited to a maximum floor area of 2,500 square feet:

(1)

Antique stores.

(2)

Book stores, secondhand.

(3)

Clothing stores, secondhand.

(4)

Furniture stores.

(5)

Furniture, antique.

(6)

Glassware, antique.

(7)

Home furnishings, secondhand.

(8)

Home furnishings, antique.

(9)

Musical instrument stores, secondhand.

(10)

Objects of art, antique.

(11)

Pawnshops (must comply with all provisions of Chapter 33 of the Ferguson Code of Ordinances).

(12)

Phonograph and phonograph records stores, secondhand.

(13)

Shoe stores, secondhand.

(14)

Auction rooms.

C.

Check Cashing Agencies (classified under SIC Code 6099) and Personal Credit Institutions (all uses within SIC Code 6141, except Short-term Loan Establishments) based on the following criteria:

(1)

All property lines of the lot on which the business is located shall be at least 300 feet from the nearest property line of any church, synagogue, or similar place of worship, any school, or any residentially-zoned property.

(2)

All property lines of the lot on which the business is located shall be at least 1,000 feet from the nearest property line of any other use classified within SIC Code 6099 or SIC Code 6141 or any pawn shop, including such businesses or pawnshops located outside of the Ferguson city limits.

(3)

The establishment shall not be open for business between the hours of 8:00 p.m. and 7:00 a.m.

(4)

The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.

(5)

No bars, heavy mesh screens or similar material shall be allowed on the exterior of the building and no such material located on the interior of the building shall be visible from outside the building.

(6)

Additional criteria necessary to protect the public health, safety, and welfare as determined by the City Council.

D.

Miscellaneous Personal Services. Escort services, massage parlors, steam baths, tattoo parlors, and Turkish baths (uses within SIC Code 7299) may be allowed based on the following criteria:

(1)

All property lines of the lot on which the business is located shall be at least 300 feet from the nearest property line of any church, synagogue, or similar place of worship, any school, or any residentially-zoned property.

(2)

All property lines of the lot on which the business is located shall be at least 500 feet from the nearest property line of any pawn shop, check cashing establishment, or any other miscellaneous personal service establishment enumerated.

(3)

Massage parlors and similar establishments must comply with all provisions of Chapter 15 of the City Code.

(4)

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

E.

Automotive Repair Shops (all uses within SIC Code 753) and Automotive Services, Except Repair (all uses within SIC Code 7549) based on the following criteria:

(1)

Shall be located on a site of at least 10,000 square feet.

(2)

All vehicles shall be stored inside a building or within an area screened from the view of the street and surrounding properties by landscaping, fencing, or a combination of materials that provides an opaque screen at least six feet in height.

(3)

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

F.

Religious Organizations (all uses within SIC Code 866) based on the following criteria:

(1)

Shall be located on sites of at least one acre.

(2)

Shall be contained in one or more free-standing buildings that contains only the religious use and its customary accessory uses.

(3)

Additional criteria necessary to protect the public health, safety and welfare as determined by the City Council.

G.

General Warehousing and Storage (SIC Code 4225) including only Mini-warehouses and Self-Service Storage Facilities based on the following criteria:

(1)

There shall be a minimum of one parking space for each employee.

(2)

No gasolines, flammables, explosives, or other dangerous materials may be stored, and no motor vehicles may be stored inside a storage building.

(3)

Such facility may contain a surfaced lot for the outside storage of motor vehicles, trailers, and watercraft as an accessory use. Motor vehicles, trailers, and watercraft include boats, boat trailers, camping trailers, materials trailers, and recreational vehicles as defined in Chapter 16 of the City Code, and automobiles and light trucks of less than 10,000 pounds gross weight. All such vehicles shall be registered and in operating condition, and shall be screened from the view of adjoining properties. No derelict vehicles, as defined in Chapter 17 of the City Code, shall be allowed. No repair, maintenance, and/or upgrading of motor vehicles, trailers, or watercraft shall be permitted on site.

(4)

All storage facilities shall be separated by walls and ceilings.

(5)

There shall be a minimum of twenty-four (24) feet between buildings for purposes of ingress and egress to storage facilities.

(6)

Each individual storage facility shall not exceed a width of twelve (12) feet, a length of thirty (30) feet, and a height of nine (9) feet.

(7)

The storage facilities shall be screened from streets and surrounding residential properties.

(8)

Additional reasonable requirements, including but not limited to, access ways, billing locations, hours of operation, and on-site resident manager, may be imposed for the protection of adjoining landowners.

H.

Communication antennae based on the criteria contained in Section 23.6.

I.

Communication towers based on the criteria contained in Section 23.7.

J.

Child Day Care Services (all uses within SIC Code 835) based on the following criteria:

(1)

In order to prevent an excessive concentration of child day care centers in any part of the City any newly established child day care center shall be at least two thousand five hundred (2,500) feet from the nearest lot of the existing child day care center.

K.

Automated Teller Machines (ATMs). Outdoor automated teller machines ATMs) shall comply with the following requirements. Drive-through Outdoor ATMs shall also comply with the requirements of Section 26.10, Drive-Through Retail and Service Facilities. An outdoor ATM shall be:

(1)

Set back from an adjacent street curb by a minimum of eight feet;

(2)

Located a minimum of 30 feet from any property line corner at a street intersection;

(3)

Located to not eliminate or substantially reduce any landscaped areas; and

(4)

Located to not result in undue traffic congestion.

(5)

All construction and modifications to the exterior of the structure housing an ATM shall be completed in a manner consistent with the architectural design of the structure.

(6)

Trash Disposal. Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.

L.

Eating Places (all uses within SIC Code 5812 which have drive-through windows or is a drive-in business) and Drinking Places (Alcoholic Beverages) (all uses within SIC Code 5813).

(Ord. No. 96-2840, 6-11-96; Ord. No. 97-2896, 2-25-97; Ord. No. 2007-3319, 8-28-07; Ord. No. 2008-3373, 10-14-08; Ord. No. 2024-3754, § 1, 5-28-24)

13.51.

Temporary Outdoor Displays. Temporary outdoor displays of merchandise may be allowed by the Director of Public Works based on the permit process outlined in Section 21.61.

13.52.

Temporary Seasonal Displays and Sales. Temporary seasonal displays and sales may be allowed by the Director of Public Works based on the permit process outlined in Section 21.62.

13.53.

Festivals. Festivals may be allowed by the Director of Public Works based on the permit process outlined in Section 21.63.

(1)

Minimum Lot Size: 10,000 square feet.

(2)

Minimum Lot width: 100 feet.

(3)

Minimum Front Yard: 25 feet.

(4)

Minimum Side Yard: None, unless the side of the lot abuts land zoned residential, in which case there shall be a side yard of at least 10 feet. If a side yard is not required, but is provided, however, it shall be at least 10 feet in width.

(5)

Minimum Rear Yard: None, unless the rear lot abuts land zoned residential, in which case there shall be a rear yard of at least 25 feet. If a rear yard is not required but is provided, however, it shall be at least 10 feet in width.

(6)

Maximum Lot Coverage: 40 percent.

(7)

Maximum Building Height: 45 feet or three stories.

(8)

Filling Station Pumps: Must be set back 15 feet from any street line, 25 feet from any side or rear lot line, and 50 feet from any residentially-zoned land.

See Section 26.0.

(Ord. No. 95-2797, 10-24-95)

Adequate landscaping shall be required in order to buffer adjacent land uses, mitigate the impacts of vehicular traffic and parking lots, minimize the adverse effects of heat and glare, reduce topsoil erosion and storm water runoff, increase the compatibility of adjacent uses, and preserve the integrity of the City and its neighborhoods.

Landscaping shall be deemed adequate if such meets the standards set forth in the Landscaping Guidelines as approved by the Planning and Zoning Commission of the City of Ferguson.

All landscaping shall adhere to the standards set forth in the Landscaping Guidelines and to the Landscaping Plan for a particular property as approved by the City.

The property owner shall be responsible for the continued maintenance of all landscaping. All landscaped areas shall be maintained in a clean, neat, and healthy condition, including weeding and removal of litter. Additionally, the repair or replacement of all fences, walls, and other screening, including refuse disposals shall be made immediately to insure conformance with these requirements.

The City Council may grant an exception or substitution with regard to any landscaping requirement. Such an exception or substitution shall only be granted if the applicant presents evidence to the Council and the Council is assured that the exception or substitution shall fulfill the purposes set forth in this section. An applicant must file a written request for exception or substitution with the City Clerk within ten (10) days of the decision of the Planning Director or the Planning and Zoning Commission, whichever is applicable to the request for exception or substitution.

(Ord. No. 2009-3416, 12-8-09)

No building shall be constructed, altered or used for a Medical Marijuana Dispensary without complying with the following regulations this subchapter.

A.

No Medical Marijuana Dispensary shall be located within three hundred (300) feet of a then existing elementary or secondary school, child day care center, or church*. Measurements shall be in a method consistent with the city's existing liquor license measurement standard.

*Then existing" shall mean any school, child day-care center, or church with a written building permit from the city to be constructed, or under construction, or completed and in use at the time the Medical Marijuana Dispensary first applies for either zoning or a building permit, whichever comes first.

B.

Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a Medical Marijuana Dispensary building.

C.

Hours of Operation*. All sales or distribution of Medical Marijuana and any other products sold to the public through a Medical Marijuana Dispensary shall take places between the hours of 8:00 a.m. and 8:00 p.m., Monday—Thursday and Sunday. Sales and distribution of Medical Marijuana or any other products sold to the public through a Medical Marijuana Dispensary shall be extended until 10:00 p.m. the following day on Friday and Saturday evenings*. Medical Marijuana Dispensaries shall be secured and closed to the public after the hours listed in this subsection and no persons not employed by the Medical Marijuana Dispensary may be present in such a facility at any time it is closed to the public.

D.

Display of License Required. The Medical Marijuana Dispensary license issued by the state of Missouri shall be prominently displayed in a highly visible and public location.

E.

Zoning Limitations. Medical Marijuana Dispensaries in the City of Ferguson may be located in the following areas: 1) any commercial district along West Florissant Road, 2) the C-2 Commercial District, 3) the C-1 Commercial district bounded by New Halls Ferry Road, Old Halls Ferry Road, and Interstate 270, and 4) the DT-1 and DT-2 Downtown Commercial Districts, and the DT-3 Downtown Transition District. Any proposed dispensary is subject to the zoning requirements of the proposed location, and the additional regulations outlined in this Section.

F.

Site Plan Review. Any plans for a Medical Marijuana Dispensary shall meet the standard new construction requirements of the Building and fire code of the City of Ferguson and reviewed for approval by the Planning Commission.

(Ord. No. 2019-3666, § 5, 7-23-19; Ord. No. 2020-3672, § 5, 2-25-20)