[R.O. 2007 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances
of the City of Poplar Bluff, Missouri" or simply as "the Code of Ordinances"
or "the Code".
See the Adopting Ordinance which lists all ordinances held from
repeal in this recodification of 2011.
[R.O. 2007 §1-3; Rev. Ords. 1951 §26.040]
A.
The
repeal of any ordinance or part of ordinance or resolution, by the
ordinance adopting this Code by implication or expressed terms, shall
not affect any act done or right accrued or established in any proceeding,
action, suit or prosecution or other thing had or commenced previous
to the passage of such adopting ordinance or the taking effect thereof;
and every such act, right or proceeding shall remain and continue
as valid and effectual as if the provisions of such ordinance or resolution
had remained in force.
B.
No
offense committed, nor fine, forfeiture or penalty incurred previous
to the time when the provisions of any ordinance or parts of ordinances
or a resolution shall be repealed by such adopting ordinance, shall
be affected, released or in any way discharged by said repeal; but
the trial, conviction and punishment of such offense and the recovery
of the fines, forfeitures and penalties shall be had in all respects
as if such provisions had remained in force.
C.
No
action, prosecution, suit or proceeding, pending at the time any ordinance
or parts of ordinance shall be repealed by the adopting ordinance,
shall be in any way affected by such repeal, except that any such
action, prosecution, suit or proceeding had and commenced after the
adopting ordinance goes into effect shall be conducted in conformity
with the provisions of this Code and shall be in all respects subject
to the provisions thereof, so far as they are applicable.
[R.O. 2007 §1-4; Rev. Ords. 1951 §§22.1720,
26.050 — 26.100]
In the construction of this Code of Ordinances and of all ordinances,
the following definitions and rules of construction shall be observed,
unless it shall be otherwise expressly provided in any Section or
ordinance or unless inconsistent with the manifest intent of the City
Council or unless the context clearly requires otherwise:
Includes certified mail carried by the United States Postal
Service or any parcel or letter carried by an overnight, express or
ground delivery service that allows a sender or recipient to electronically
track its location and provides a record of the signature of the recipient.
The words "the City" shall mean the City
of Poplar Bluff in the State of Missouri.
Whenever the term "City Council" or the
word "Council" is used, unless the context requires
otherwise, said term or word shall be construed to refer to the City
Council of the City of Poplar Bluff, Missouri.
The terms "Code of Ordinances" or "Code" shall mean the Code of Ordinances of Poplar Bluff,
Missouri.
The words "codification" or "this
codification" shall refer to the Code of Ordinances of Poplar
Bluff, Missouri.
The time within which an act is to be done shall be computed
by excluding the first (1st) and including the last day; and if the
last day be Sunday or a legal holiday, that shall be excluded.
Any person elected to that office.
The words "the County" shall mean Butler
County in the State of Missouri.
Whenever a provision appears in this Code requiring the head
of a department of the City to do some act or make certain inspections,
it may be construed to authorize the head of the department to designate,
delegate and authorize subordinates to perform the required act or
make the required inspections unless the terms of the provision or
Section designate otherwise.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males,
and associations and bodies corporate as well as individuals, shall
be deemed to be included.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
Mayor of the City of Poplar Bluff.
Any violation, failure, neglect or refusal to comply with
any regulation, provision or requirement of the ordinances of this
City.
A calendar month.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Poplar Bluff" were added.
Words and phrases shall be construed according to the common
and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
When any subject matter, party or person is described or
referred to by words importing, the singular number, the plural and
separate matters and persons and bodies corporate shall be deemed
to be included.
Includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath and in such cases, the
words "swear" and "sworn" shall be equivalent to the words "affirm"
and "affirmed".
"Or" may be read "and" and "and" may be read "or" if the
sense requires it.
The word "owner", applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety of the whole or a part of such
building or land.
Includes a corporation, bodies politic, limited liability
company, firm, partnership, association, organization and any other
group acting as a unit as well as individuals. 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 of Ordinances prescribing a
penalty or fine, as to partnerships or associations, the word shall
include the partners or members thereof and as to corporations, the
word shall include the officers, agents or members thereof who are
responsible for any violation of such Section.
Includes money, goods, chattels, things in action and evidences
of debt.
The place where the family of any person permanently resides
in this State, and the place where any person having no family generally
lodges.
Next before and next after, respectively.
Place or places.
Any park, cemetery, school yard or open space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property" or "premises" or "real estate" or "lands" shall
be deemed to be co-existentive with lands, tenements and hereditaments.
The City or Corporate Seal.
The portion of the street between the curb line and the adjacent
property line, intended for the use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his/her mark shall be intended.
The words "the State" shall mean the State
of Missouri.
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare and each of such words
shall include every other of them.
The word "tenant" or "occupant", applied to a building or land, shall include any person who occupies
the whole or a part of such building or land, whether alone or with
others.
Words used in the past or present tense include the future
as well as the past and present.
Seven (7) days.
Includes printing, lithographing or other mode of representing
words and letters, but in all cases where the signature of any person
is required, the proper handwriting of the person, or his/her mark,
is intended.
A calendar year.
All general provisions, terms, phrases and expressions contained
in this Code of Ordinances shall be liberally construed in order that
the true intent and meaning of the City Council may be fully accomplished.
[1]
State Law Reference — Definitions, rules of construction,
etc., §§1.020 et seq., RSMo.
[R.O. 2007 §1-5]
At least three (3) copies of the codification of the general
ordinances of the City shall be kept on file in the office of the
Municipal Clerk and kept available for inspection by the public at
all reasonable business hours.
[R.O. 2007 §1-6]
No officer or employee of the City shall issue, mail or distribute
as a publication of the City or any officer, department or branch
of the City Government any book, pamphlet, leaflet, card, circular
or other printed matter purporting to contain excerpts or quotations
from this codification or purporting to give the law on any subject
to the public, either as a reprint of any ordinance or other legislative
enactment or as a digest, interpretation, resume, condensation or
explanation of the same without first submitting such book, pamphlet,
leaflet, card, circular or other printed matter or portion of the
same which purports to give the law to the City Clerk for examination
and approval as to form, and as to whether or not the law is correctly
stated therein.
[R.O. 2007 §1-7; Rev. Ords. 1951 §26.130]
Any printed copy of this Code of Ordinances containing a printed
certificate of the Mayor and the City Clerk as to the correctness
of such codification shall be received in evidence in any court for
the purpose of providing the ordinances therein contained, the same
and for the same purpose as the original ordinances, minutes or journals
would be received.
[R.O. 2007 §1-8]
Any and all additions and amendments to this Code of Ordinances
when passed in such form as to indicate the intention of the City
Council to make the same a part thereof shall be deemed to be incorporated
in such Code so that reference to the "Code of Ordinances of the City
of Poplar Bluff, Missouri" shall be understood and intended to include
such additions and amendments.
[R.O. 2007 §1-9]
A.
All
ordinances passed subsequent to this Code of Ordinances which amend,
repeal or in any way affect this Code of Ordinances may be numbered
in accordance with the numbering system of this Code and printed for
inclusion therein or in the case of repealed Chapters, Sections and
Subsections or any part thereof, by subsequent ordinances, such repealed
portions may be excluded from the Code by omission from reprinted
pages affected thereby and the subsequent ordinances as numbered and
printed or omitted, in the case of repeal, shall be prima facie evidence
of such subsequent ordinances until such time that this Code of Ordinances
and subsequent ordinances numbered or omitted are readopted as a new
Code of Ordinances by the City Council.
B.
Amendments
to any of the provisions of this Code should be made by amending such
provisions by specific reference to the Section of this Code in substantially
the following language: "That Section _________ of the Code of Ordinances
of the City of Poplar Bluff, Missouri, is hereby amended to read as
follows: . . . (Set out new provisions in full) . . ."
C.
In
the event a new Section not heretofore existing in the Code is to
be added, the following language may be used: "That the Code of Ordinances
of the City of Poplar Bluff, Missouri, is hereby amended by adding
a Section (or Article, Chapter or other designation, as the case may
be) to be numbered ______, which reads as follows: . . . (Set out
new provisions in full) . . . "
D.
In
lieu of the foregoing paragraph, when the City Council desires to
enact an ordinance of a general and permanent nature embracing a subject
not previously existing in the Code, which the City Council desires
to incorporate into the Code, a provision in substantially the following
language may be made a part of the ordinance:
"It is the intention of the City Council and it is hereby ordained
that the provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of Poplar Bluff, Missouri, and
the Sections of this ordinance may be renumbered to accomplish such
intention."
E.
All
Sections, Articles, Chapters or other provisions of this Code desired
to be repealed should be specifically repealed by Section number,
Article number, Chapter or other number, as the case may be.
[R.O. 2007 §1-10]
The catchlines of the several Sections of this codification
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 Section, nor, unless
expressly so provided, shall they be so deemed when any of such Sections,
including the catchlines, are amended or re-enacted.
[R.O. 2007 §1-11]
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 of Poplar Bluff, Missouri, to be misrepresented thereby.
[R.O. 2007 §1-15]
In the interpretation and application of any provision of this
Code, it shall be held to be the minimum requirements adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of this Code imposes restrictions
upon the subject matter differing from a general provision imposed
by the Code, the provision imposing the greater restriction shall
be deemed to be controlling.
