[R.O. 2011 § 100.020; R.O. 2009 § 10.02; CC 1981 § 1-2; Ord. No. 87-96, 5-12-1987; Ord. No. 87-97, 5-12-1987; Ord. No. 91-51, 3-8-1991; Ord. No. 03-122, 5-27-2003]
For the purposes of this Code, the following definitions and rules of construction shall apply unless the context clearly indicates or requires a different meaning.
BONDWhen a bond is required, an undertaking in writing in such form and with such sureties as may be satisfactory to the Mayor is sufficient unless otherwise required by State law or this Code.
CERTIFIED MAIL or CERTIFIED MAIL WITH RETURN RECEIPT REQUESTEDIncludes 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.
CITYThe words "the City" or "this City" shall mean the City of St. Charles, Missouri.
CITY COUNCILThe words "City Council" or "the Council" shall mean the City Council of the City of St. Charles, Missouri.
COMPUTATION OF TIMEIn computing any period of time prescribed or allowed by this Code, by order of court, or by any applicable Statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
CORPORATE LIMITS or CITY LIMITSWhenever the words "corporate limits," "corporation limits" or "City limits" are used, they shall mean the legal boundary of the City of St. Charles, Missouri.
COUNTYThe words "the County" or "this County" shall mean the County of St. Charles, Missouri.
COURTThe Municipal Court of the City.
DEFINITIONSUnless otherwise expressly provided, definitions given within a Title, Chapter, Article, Section or Subsection apply only to words or phrases used in such Title, Chapter, Article, Section or Subsection.
DELEGATION OF AUTHORITYWhenever a provision appears requiring an officer or the head of a department of the City to do some act or make certain inspections, it is to be construed to authorize the officer or department director to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or Section designate otherwise.
DESIGNEEFollowing an official of the City, means the authorized agent, employee or representative of such official.
GENDERWhen any subject matter, party or person is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, are included.
INTERPRETATIONIn the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
JOINT AUTHORITYWords importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons, unless otherwise declared in the law giving the authority.
KEEPER or PROPRIETORNatural persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
LIBERAL CONSTRUCTIONAll general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.
NAME OF OFFICERWhenever the name of an officer is given, it shall be construed as though the words "of the City of St. Charles" were added.
NON-TECHNICAL AND TECHNICAL WORDSWords 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.
NUMBERA word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing.
OATHAn 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."
OWNERApplied 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.
PERSONMay extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.
PERSONAL PROPERTYIncludes money, goods, chattels, things in action and evidences of debt.
PRECEDING and FOLLOWINGWhen used by way of reference to any Section of this Code, shall mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.
PROPERTYIncludes real and personal property.
PUBLIC PLACEAny place where the public is permitted or invited to go or congregate, a place of common resort, a place where the public has a right to go and be. "Public places" include, but are not limited to, streets, roadways, alleys, sidewalks, parks, cemeteries, beaches, school yards, parking lots, boats, barges, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations.
PUBLIC WAYAny street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
REAL PROPERTYIncluding the terms "premises," "real estate" or "lands," shall be deemed to be co-extensive with lands, tenements and hereditaments.
RESIDENCEThe place adopted by a person as his/her place of habitation and to which, whenever he/she is absent, he/she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his/her residence.
SEALThe Seal of the City of St. Charles.
SHALL and MAYThe word "shall" as used in this Code is mandatory; "may" is permissive or discretionary.
SIDEWALKThe portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
SIGNATURE or SUBSCRIPTIONWhere the written signature or subscription of any natural person is required, the proper handwriting of such person or his/her mark, when such person cannot write, shall be intended.
STATEThe State of Missouri.
STREETAny public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare and each of such words shall include every other of them.
TENANT or OCCUPANTApplied 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.
TENSEWords used in the past or present tense include the future as well as the past and present.
WRITTEN, IN WRITING and WRITING WORD FOR WORDIncludes 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.
YEARA calendar year, unless otherwise expressed and the word "year" shall be equivalent to the words "year of our Lord."