[Adopted 5-21-2012]
The ordinances of the City of Springfield of a general and permanent nature adopted by the City Council, as previously consolidated in the 1986 Code of the City of Springfield, and the ordinances of a general and permanent nature adopted by the City Council subsequent to that date, all as revised, codified and consolidated into chapters and sections by General Code LLC, and consisting of Chapters 1 through 417, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Springfield, hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force. This ordinance shall not affect the acceptance
and adoption of any Act of the Legislature heretofore lawfully accepted
and adopted.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of the Code in loose-leaf form has been filed in the
office of the City Clerk and shall remain there for use and examination
by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to
by the Clerk of the City of Springfield by impressing thereon the
Seal of the City as provided by law, and such certified copy shall
remain on file in the office of the Clerk of the City to be made available
to persons desiring to examine the same during all times while the
Code is in effect.
The Clerk of the City of Springfield, pursuant to law, shall
cause to be published, in the manner required, a copy of this adopting
ordinance in a newspaper of general circulation in the City. Sufficient
copies of the Code shall be maintained in the office of the Clerk
for inspection by the public at all times during regular office hours.
The enactment and publication of this adopting ordinance, coupled
with the availability of copies of the Code for inspection by the
public, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the City Council to make them a part thereof, shall be deemed to be
incorporated into such Code so that reference to the "Code of the
City of Springfield" shall be understood and intended to include such
additions and amendments. Whenever such additions, amendments or supplements
to the Code shall be adopted, they shall thereafter be published as
amendments and supplements thereto.
It shall be the duty of the Clerk, or someone authorized and
directed by him or her, to keep up-to-date the certified copy of the
Code required to be filed in his or her office for the use of the
public. All changes in said Code and all ordinances adopted subsequent
to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances are published
as supplements to said Code book, at which time such supplements shall
be inserted therein.
Copies of the Code book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by the City Council,
which may also arrange for procedures for the periodic supplementation
thereof.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Springfield to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a penalty as set forth in Article V of this chapter.
A.
Severability of Code provisions. Each section of the Code, and every
part of each section, is an independent section or part of a section,
and the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
B.
Severability of ordinance provisions. Each section of this ordinance
is an independent section, and the holding of any section or part
thereof to be unconstitutional, void or ineffective for any cause
shall not be deemed to affect the validity or constitutionality of
any other sections or parts thereof.
All ordinances of a general and permanent nature of the City
of Springfield in force on the date of the adoption of this ordinance
which are inconsistent with any provisions of the Code and not contained
herein or recognized and continued in force by reference therein are
hereby repealed from and after the effective date of this ordinance;
provided, however, that such repeal shall not in any way revive any
ordinance hereto repealed or superseded, nor any office heretofore
abolished. All persons who, at the time when such repeal takes effect,
hold any office under any of the ordinances repealed shall continue
to hold the same according to the tenure thereof, except those offices
which have been abolished, and those as to which a different provision
has been lawfully made.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to January 1, 2010.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance,
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision, or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending,
or any judgment rendered, prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing grade, changing name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place, or any portion thereof.
G.
Any ordinance or resolution appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instruments or evidence
of the City's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property,
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
Any ordinance providing for salaries or compensation.
L.
Any ordinance relating to traffic or parking.
M.
Any ordinance establishing or amending the Salary Schedule.
N.
Any zoning ordinance or ordinance amending the Zoning Map.
O.
Any subdivision regulations or amendments thereto.
In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the City Council that all said changes be adopted as part of the Code
as if the ordinances so changed had been previously formally amended
to read as such.
