[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:
CITY
The words "the City" or "this City"shall mean the City of Olivette, St. Louis County, Missouri.
CODE
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.
COMPUTATION OF TIME
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.
COUNTY
The words "the County" shall mean the County of St. Louis, Missouri.
GENDER
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.
HERETOFORE AND HEREAFTER
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.
JOINT AUTHORITY
Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.
MONTH
A calendar month.
NUMBER
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.
OATH
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, AND
"Or" may be read "and", and "and" may be read "or" if the sense requires it.
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.
PERSON
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.
PRECEDING, FOLLOWING
Next before and next after, respectively.
PROPERTY
Includes real and tangible and intangible personal property.
PUBLIC WAY
Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
REAL PROPERTY
The terms "real property" or "premises" or "real estate" or "lands" shall be deemed to be co-extensive with lands, tenements and hereditaments.
SIDEWALK
The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
SIGNATURE
Where the written signature of any person is required, the proper handwriting of such person or his/her mark shall be intended.
STATE
The words "the State" or "this State" shall mean the State of Missouri.
STREET
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.
TANGIBLE PERSONAL PROPERTY
Includes goods, chattels and all personal property except intangible personal property.
TENANT
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.
TIME
Words used in the past or present tense include the future as well as the past and present.
UNDER LEGAL DISABILITY
Includes persons within the age of minority or of unsound mind or imprisoned.
WRITING
The words "writing" and "written" shall include printing, lithographing or other mode of representing words and letters.
YEAR
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.