[R.O. 1997 § 100.030; Ord. No. 4 § 1, 9-1-1995]
In the construction of all the ordinances
of the City, the following definitions 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:
All Sections of an ordinance that are part of a sub-topic
or division within an ordinance the same as if codified as such.
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 record of the signature of the recipient.
All Sections of an ordinance relating to a single general
topic or matter the same as if codified as such.
The City of Wildwood, Missouri.
The City Council of the City of Wildwood, Missouri.
The words "the County" or "this County" or "County" shall
mean the County of St. Louis, Missouri.
A day of twenty-four (24) hours, beginning at 12:00 Midnight.
The word "may" is permissive.
The Mayor of the City of Wildwood, Missouri.
A calendar month.
Whenever in the ordinances of the City it is required that
notice be published in the "official newspaper" or a "newspaper of
general circulation published within the City," and if there is no
newspaper published within the City, the said notice shall be published
in a newspaper of general circulation within the City, regardless
of its place of publication. Such newspaper shall not include an advertising
circular or other medium for which no subscription list is maintained.
Shall be construed to include an affirmation in all cases
in which 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."
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.
Shall include a corporation, firm, partnership, limited liability
company, 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 ordinance prescribing a
penalty or fine, as to partnerships or associations, the word shall
include the partners or members thereof, and as to corporations and
limited liability companies, shall include the officers, agents or
members thereof who are responsible for any violation of such Section.
Shall include money, goods, chattels, things in action and
evidences of debt.
The words "preceding" and "following" shall mean next before
and next after, respectively.
Shall include real and personal property.
Shall include any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property," "premises," "real estate" or "lands"
shall be deemed to be coextensive with lands, tenements and hereditaments.
The word "shall" is mandatory.
That portion of the street between the curb line and the
adjacent property line which is 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" or "State" shall mean
the State of Missouri.
Shall include any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare, and each of such words
shall include all of them.
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.
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, unless otherwise expressed, and the word
"year" shall be equivalent to the words "year of our Lord."
[R.O. 1997 § 100.040; Ord. No. 4 § 2, 9-1-1995]
All general provisions, terms, phrases
and expressions contained in the ordinances of the City shall be liberally
construed in order that the true intent and meaning of the City Council
may be fully carried out. Technical words and phrases having a peculiar
and appropriate meaning in law shall be understood according to the
technical import.
[R.O. 1997 § 100.050; Ord. No. 4 § 3, 9-1-1995]
The headings of any Sections of this
Code are intended as guides and not as part of any particular ordinance
for purposes of interpretation or construction.
[R.O. 1997 § 100.060; Ord. No. 4 § 4, 9-1-1995]
Whenever any ordinance or part of
an ordinance shall be repealed or modified, either expressly or by
implication, by a subsequent ordinance, the ordinance or part of an
ordinance thus repealed or modified shall continue in force until
the subsequent ordinance repealing or modifying the prior ordinance
shall go into effect unless therein otherwise expressly provided;
but no suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under any ordinance previous to
its repeal shall in any way be affected, released or discharged but
may be prosecuted, enjoined and recovered as fully as if such ordinance
or provisions had continued in force, unless it shall be therein otherwise
expressly provided.
[R.O. 1997 § 100.070; Ord. No. 4 § 5, 9-1-1995]
When an ordinance repealing a former
ordinance, clause or provision shall itself be repealed, such repeal
shall not be construed to revive such former ordinance, clause or
provision unless it be expressly so provided and such former ordinance,
clause or provision is set forth at length.
[R.O. 1997 § 100.080; Ord. No. 4 § 6, 9-1-1995]
It is hereby declared to the intention
of the City Council that the Sections, paragraphs, sentences, clauses
and phrases of the Wildwood City ordinances are severable and if any
phrase, clause, sentence, paragraph or Section of these ordinances
shall be declared unconstitutional or otherwise invalid by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect the validity of the remaining portions of these ordinances.
The City Council of Wildwood, Missouri, hereby declares that it would
have passed the same, even though such portions so held to be unconstitutional
had not been included therein.
[R.O. 1997 § 100.090; Ord. No. 4 § 7, 9-1-1995]
Except as otherwise specifically
provided or indicated by the context, all words used in the ordinances
of the City indicating the present tense shall not be limited to the
time of adoption of said ordinance but shall extend to and include
the time of the happening of any act, event, or requirement for which
provision is made herein, either as a power, immunity, requirement,
or prohibition.
[R.O. 1997 § 100.100; Ord. No. 4 § 8, 9-1-1995]
A.Â
Whenever notice may be required under any
City ordinance, the same shall be served in the following manner unless
otherwise specified:
1.Â
By delivering the notice to the person
personally or by leaving the same at his/her residence, office or
place of business with some person of suitable age and discretion,
or
2.Â
By mailing said notice by certified
or registered mail to such person at his/her last known address, or
3.Â
If the person is unknown, or may not be notified under the requirements of Subsection (A)(1) or (2) above, then by posting said notice in some conspicuous place on the premises involved at least five (5) days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any City Officer, unless permission is given by said officer.
B.Â
Notice to City Officials, members of the
media, or others in appropriate circumstances may also be by regular
mail, facsimile, or other electronic data transfer capable of generating
a paper record.
[R.O. 1997 § 100.110; Ord. No. 4 § 9, 9-1-1995]
In computing any period of time prescribed
or allowed by City ordinance or by a notice or order issued pursuant
thereto, 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. A half (1/2) holiday shall be
considered as other days and not as a legal holiday.
[R.O. 1997 § 100.120; Ord. No. 4 § 10, 9-1-1995]
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.
[R.O. 1997 § 100.130; Ord. No. 4 § 11, 9-1-1995]
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; and when words importing the plural
number are used, the singular shall be deemed to be included.
Whenever a provision appears in this Code requiring the head
of a department or an officer of the City to do some act or make certain
inspections, it may be construed to authorize the head of the department
or officer 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.
