[R.O. 2008 §10.100; Ord. No. 381, 8-13-1957]
In the construction of the "Revised Code of the City of Olivette,
Missouri, 1957" 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 Chapter or unless inconsistent
with the manifest intent of the Council or unless the context clearly
requires otherwise:
The words "the City" or "this City"shall mean the City of Olivette, St. Louis County, Missouri.
The words "the Code" or "this Code", unless it shall be otherwise expressly provided, shall mean the
Revised Code of the City of Olivette, Missouri, 1957.
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.
The words "the County" shall mean the County
of St. Louis, Missouri.
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.
Whenever the term "heretofore" occurs in
any ordinance, it shall be construed to mean any time previous to
the day when such ordinance shall take effect; and whenever the term "hereafter" occurs, it shall be construed to mean the time
after the ordinance containing such term shall take effect.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
A calendar month.
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.
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, 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 prescribing
a penalty or fine 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 said Section.
Next before and next after, respectively.
Includes real and tangible and intangible personal property.
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-extensive with lands, tenements and hereditaments.
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" or "this 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.
Includes goods, chattels and all personal property except
intangible personal property.
The words "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.
Includes persons within the age of minority or of unsound
mind or imprisoned.
The words "writing" and "written" shall include printing, lithographing or other mode of representing
words and letters.
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of
our Lord".
All general provisions, terms, phrases and expressions contained
in the Revised Code of the City of Olivette, Missouri, 1957, and of
the ordinances of the City of Olivette shall be liberally construed
in order that the true intent and meaning of the Council may be fully
carried out. Words and phrases shall be taken in their plain or ordinary
and usual sense but technical words and phrases having a peculiar
and appropriate meaning in law shall be understood according to their
technical import.
[R.O. 2008 §10.110; Ord. No. 381, 8-13-1957]
The catchlines of the several Sections of the Revised Code of
the City of Olivette, St. Louis County, Missouri, 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
or as any part of the Section, nor, unless expressly so provided,
shall they be so deemed when any of said Sections, including the catchlines,
are amended or re-enacted.
[R.O. 2008 §10.120; Ord. No. 381, 8-13-1957]
The provisions of every ordinance shall be severable. If any
provision of an ordinance is found by a court of competent jurisdiction
to be unconstitutional or otherwise invalid, the remaining provisions
of the ordinance are valid unless the court finds the valid provisions
of the ordinance are so essentially and inseparably connected with
and so dependent upon the void provision that it cannot be presumed
that the Council or enacting legislative body would have enacted the
valid provisions without the void one; or unless the court finds that
the valid provisions standing alone are incomplete and are incapable
of being executed in accordance with the legislative intent.
[R.O. 2008 §10.130; Ord. No. 381, 8-13-1957]
The provisions of any law or ordinance which is re-enacted,
amended or revised so far as they are the same as those of prior laws
and ordinances shall be construed as a continuation of such laws and
ordinances and not as new enactments.
[R.O. 2008 §10.140; Ord. No. 381, 8-13-1957]
When an ordinance repealing a former ordinance, clause or provision
shall be itself repealed, it shall not be construed to revive such
former ordinance, clause or provision unless it be expressly otherwise
provided nor shall any law repealing any former law, clause or provision
be construed to abate, annul or in anywise affect any proceedings
had or commenced under or by virtue of the ordinance so repealed but
the same shall be as effectual and be proceeded on to final judgment
and termination as if the repealing law had not passed unless it be
otherwise expressly provided.
No offense committed and no fine, penalty or forfeiture incurred,
or prosecution commenced or pending previous to or at the time when
any ordinance provision is repealed or amended, shall be affected
by the repeal or amendment, but 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.
[R.O. 2008 §10.160; Ord. No. 381, 8-13-1957]
Repeal of any ordinance or provision thereof shall not affect
any act done or right accrued or established in any proceedings, suit
or prosecution had or commenced in any civil case previous to the
time when such repeal shall take effect but every such act, right
and proceeding shall remain as valid and effectual as if the provisions
so repealed had remained in force.
[R.O. 2008 §10.170; Ord. No. 381, 8-13-1957]
No action, plea, prosecution, civil or otherwise, pending at
the time any ordinance provision shall be repealed shall be affected
by such repeal but the same shall proceed in all respects as if such
ordinance provisions had not been repealed, except that all such proceedings
had after the time of taking effect of the revised ordinance shall
be conducted according to the provisions of such ordinance and shall
be in all respects subject to the provisions thereof so far as they
are applicable.
[R.O. 2008 §10.180; Ord. No. 381, 8-13-1957]
Whenever any of the ordinances of this City now require or shall
hereafter require or imply that a notice shall be given to any person
concerning or affecting any right, property, claim, duty, matter or
thing of whatsoever character or nature unless such ordinances shall
expressly direct a different method of service, the delivery of a
true copy of such notice to the person intended to be notified or
the leaving of such copy at his/her usual place of abode with some
member of his/her family over the age of fifteen (15) years shall
constitute a valid and sufficient service of such notice.
At least three (3) copies of the published book shall be kept
on file in the office of the City Clerk and kept available for inspection
by the public at all reasonable business hours.
[R.O. 2008 §10.240; Ord. No. 381, 8-13-1957]
The Clerk shall furnish volumes of the Revised Code of the City
of Olivette, Missouri, without charge to each member of the City Council
and to each of the various municipal departments, officers and boards
and to the City Manager according to their needs upon presentation
to him/her of a requisition or written order duly executed by the
City Manager or by the head of such department or board.
[R.O. 2008 §10.250; Ord. No. 381, 8-13-1957]
The Clerk shall sell copies of the Revised Code of the City
of Olivette, Missouri, to all other persons for such sum as may be
fixed by the Council and shall pay money so received into the City
Treasury.
[R.O. 2008 §10.260; Ord. No. 381, 8-13-1957]
It is hereby declared to be the intention of the Council that
the Sections, paragraphs, sentences, clauses and phrases of the Revised
Code of the City of Olivette, Missouri, are severable and if any phrase,
clause, sentence, paragraph or Section of said Code shall be declared
unconstitutional or invalid by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs,
Sections, Articles and Chapters of said Code inasmuch as the same
would have been enacted by the Council without incorporation in this
Code of any such unconstitutional phrase, clause, sentence, paragraph
or Section.
