Missouri
|
City of Clarkson Valley Missouri |
|
This Code shall be known and may be cited as the "Municipal Code, City of Clarkson Valley, Missouri," or simply as "the Municipal Code" or "the Code." (CC 1990 §1-1; Code 1977 §1.010)
A. In the construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Aldermen or the context clearly requires otherwise:
BOARD OF ALDERMEN: The Board of Aldermen of the City of Clarkson Valley, Missouri.
CITY: The words "the City" or "this City" shall be construed as if followed by the words "of Clarkson Valley, Missouri."
CODE: The words "the Code" or "this Code" shall mean the "Municipal Code, City of Clarkson Valley, Missouri."
COMPUTATION OF TIME: The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a Sunday, in which case it shall also be excluded.
COUNTY: The words "the county" or "this county" shall mean the County of St. Louis.
DAY: Any period of twenty-four (24) hours.
DAYTIME, NIGHTTIME: "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
GENDER: Words importing the masculine gender include the feminine and neuter.
IN THE CITY: The words "in the City" shall mean and include all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
JOINT AUTHORITY: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, unless otherwise declared in the law giving the authority.
LEGAL HOLIDAY: As used herein, "legal holidays" shall be the public holidays as defined in the State Statutes, Revised Statutes of Missouri, Section 9.010.
MISDEMEANOR: See section 100.100 of this Code.
MONTH: A calendar month.
NUMBER: The singular number includes the plural, and the plural includes the singular.
OATH: Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the word "swear" or "sworn" shall be equivalent to the words "affirm" and "affirmed".
OFFICERS, DEPARTMENTS, ETC.: Officers, departments, boards, commissions, committees and employees of the City, unless the context clearly indicates otherwise.
OFFICIAL TIME: Whenever certain hours are named in this Code, they shall mean Central Standard Time or Daylight Saving Time, as may be in current use in the City.
ORDINANCE: Any reference to an "ordinance" shall include the Municipal Code and all existing ordinances.
OWNER: The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
PERSON: Includes any person, firm, association, organization, partnership, business trust, corporation or company and any other group acting as a unit. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a fine or penalty, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
PERSONAL PROPERTY: Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING, FOLLOWING: The words "preceding" and "following" mean next before and next after, respectively.
PROCESS: Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
PROPERTY: Includes real and personal property.
REAL PROPERTY: Includes lands, tenements and hereditaments.
SHALL, MAY: "Shall" is mandatory; "may" is permissive.
SIGNATURE OR SUBSCRIPTION BY MARK: "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his/her own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
STATE: The words "the State" or "this State" shall be construed to mean the State of Missouri.
TENANT OR OCCUPANT: The word "tenant" or "occupant", applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
TENSES: The present tense includes the past and future tenses, and the future includes the present.
WEEK: A week consists of seven (7) consecutive days.
WRITTEN, IN WRITING: Includes printing and any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless expressly provided otherwise.
YEAR: Shall mean a calendar year.
B. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out. (CC 1990 §1-3; Code 1977 §§1.020, 1.070)
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments. (CC 1990 §1-4)
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (CC 1990 §1-5; Code 1977 §1.110)
It is hereby declared to be the intention of the Board of Aldermen that the Sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or Section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Code. (CC 1990 §1-6; Code 1977 §1.130)
The catchlines of the several Sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the Section and shall not be deemed or taken to be titles of such Sections, nor as any part of the Sections nor, unless expressly so provided, shall they be so deemed when any of such Sections, including the catchlines, are amended or reenacted. (CC 1990 §1-7)
A. By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Board of Aldermen. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the Board of Aldermen or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
B. In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
C. When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
1. Organize the ordinance material into appropriate subdivisions;D. In determining whether or not any ordinance hereafter passed, or any part thereof, shall be inserted in such volumes, and in determining the form, Chapter, Article or Section which shall be taken out, the City Clerk shall be guided by the advice of the City Attorney. (CC 1990 §1-8; Code 1977 §1.030)2. Provide appropriate catchlines, headings and titles for Sections and other Subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
3. Assign appropriate numbers to Sections and other Subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing Section or other Subdivision numbers;
4. Change the words "this ordinance" or words of the same meaning to "this chapter", "this Article", "this Section", etc., as the case may be, or to "Sections _____ to _____" (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and
5. Make other non-substantive changes necessary to preserve the original meaning of ordinance Sections inserted into the Code;
but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
It shall be unlawful for any person in the City to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code, in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.100 hereof. (CC 1990 §1-9)
The boundaries of the City shall be as shown on the map dated "April 1989," on file in the City offices. (CC 1990 §1-13; Code 1977 §§2.020-2.050)
A. Where, by any provision of this Code or any other ordinance of the City, or any rule or regulation promulgated pursuant thereto, the doing of or the failure to do any thing or act is prohibited, declared to be a misdemeanor, an offense or unlawful, and no other penalty or punishment is provided therefor, the same shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a jail sentence not to exceed ninety (90) days, or by both such fine and jail sentence unless a lesser penalty be required by law, in which event the punishment shall not exceed such lesser penalty required by law, any provision of this Code or other ordinance to the contrary notwithstanding. "Misdemeanor" shall be construed to mean a violation of any ordinance of the City.
B. Except as otherwise provided, every day any such violation shall continue shall constitute a separate offense.
C. Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited. (CC 1990 §1-10)
Cross References-Police department, ch. 200; municipal court, ch. 125; offenses and miscellaneous provisions, ch. 210.
In all cases wherein the same offense may be made punishable, or shall be created, by different provisions of this Code or other ordinances of the City, or by different clauses or sections of the same ordinance, the prosecuting officer may elect under which to proceed, but not more than one (1) recovery or penalty shall be had or enforced against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty or recovery being enforced or had. (CC 1990 §1-11; Code 1977 §1.090)
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared herein to be unlawful or an offense or a misdemeanor, whether individually or in connection with one (1) or more other persons or as principal, agent or accessory, shall be guilty of such unlawful act or offense or misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision hereof shall likewise be guilty. (CC 1990 §1-12)