[R.O. 2006 §100.030; Code 1975 §10.020; CC 1985 §1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated "The Code of Ordinances of the City of Osage Beach, Missouri" and may be so cited. The ordinances may also be cited as "Osage Beach City Code".
[R.O. 2006 §100.040; Code 1975 §§11.010(1) — (3), (5), (6), (8) — (24), 12.010, 12.070, 12.100 — 12.130; CC 1985 §1-2]
In the construction of this Code and of all other ordinances of the City, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the Board of Aldermen, or unless the context clearly requires otherwise:
BOARD OF ALDERMEN
The Board of Aldermen of Osage Beach, Missouri.
CITY
The words "the City" or "this City" or "City" shall mean the City of Osage Beach, Missouri.
COMPUTATION OF TIME
The time within which an act is to be done shall be computed by excluding the first (1st) day and including the last. If the last day is Sunday, it shall be excluded.
COUNTY
The words "the County" or "this County" or "County" shall mean the County of Camden or Miller, 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.
JOINT AUTHORITY
Words 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; PROPRIETOR
Include persons, firms, associations, corporations, clubs, and partnerships, whether acting by themselves or through a representative, servant or agent.
MAY
Is permissive.
MONTH
A calendar month.
MUNICIPAL COURT
The Osage Beach Municipal Court, a Division of the Twenty-Sixth Judicial Circuit Court of the State of Missouri.
NON-TECHNICAL AND TECHNICAL WORDS AND PHRASES
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.
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; and when words importing the plural number are used, the singular 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".
OFFICE, OFFICER, DEPARTMENT, BOARD, COMMISSION OR OTHER AGENT OR AGENCY
The naming of any office, officer, department, board, commission or other agent or agency shall be construed as if followed by the words "of Osage Beach, Missouri". Any such reference shall be deemed to include any person authorized by law to perform the duties of any such office, officer, department, board, commission or other agent or agency.
OWNER
The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, 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 such Section.
PERSONAL PROPERTY
Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING, FOLLOWING
When used by way of reference to any Section of the Code, means the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.
PROPERTY
Includes real and personal property.
PUBLIC WAY
Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
REAL PROPERTY, PREMISES, REAL ESTATE, LANDS
The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with lands, tenements and hereditaments.
RSMo.
The latest edition of the Revised Statutes of Missouri, as amended.
SHALL
Is mandatory.
SIDEWALK
That portion of the street between the curbline and the adjacent property line which is intended for the use of pedestrians.
STATE
The words "the State" or "this State" or "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 all of them.
TENANT, OCCUPANT
The word "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.
TENSE
Words used in the past or present tense include the future as well as the past and present.
WRITTEN, IN WRITING and WRITING WORD FOR WORD
Includes printing, lithographing or any 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 mark, is intended.
YEAR
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord".
[R.O. 2006 §100.050; Code 1975 §12.010; CC 1985 §1-3]
All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out.
[R.O. 2006 §100.060; Code 1975 §12.020; CC 1985 §1-4]
The catchlines of the several Sections of this Code, 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 the Sections, nor as any part of the Section, nor, unless expressly so provided, shall they be so deemed when any of the Sections, including the catchlines, are amended or reenacted.
[R.O. 2006 §100.070; CC 1985 §1-5]
The history notes appearing in parentheses after Sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the Section.
[R.O. 2006 §100.080; Code 1975 §11.020; CC 1985 §1-6]
Whenever in this Code or other ordinance of the City it is required that notice be published in a newspaper of general circulation published in the City, said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication.
[R.O. 2006 §100.090; Code 1975 §§12.080, 12.090; CC 1985 §1-7]
A. 
Whenever notice may be required under the provisions of this Code or other City ordinance, the same shall be served in the following manner:
1. 
By delivering the notice to the owner personally or by leaving the same at his/her residence, office or place of business with some person over the age of fifteen (15) years;
2. 
By mailing said notice by certified or registered mail to such owner at his/her last known address; or
3. 
If the owner is unknown, or may not be notified under the above requirements, then by posting said notice in some conspicuous place on the premises 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. 
The provisions of this Section do not apply to provisions for which there is a separate definition of notice.
[R.O. 2006 §100.100; CC 1985 §1-8]
The references and editor's notes appearing throughout this Code are not intended to have any legal effect but are merely intended to assist the users of this Code.
[R.O. 2006 §100.110; Code 1975 §12.030; CC 1985 §1-9]
The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.
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. 2006 §100.130; Code 1975 §12.050; Ord. of 12-18-75 §3; CC 1985 §1-12]
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. 2006 §100.140; Ord. of 12-18-75 §4; CC 1985 §1-13]
Any additions or amendments to the Code, when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof, shall be deemed to be incorporated in the Code so that reference to this Code shall be understood and intended to include such additions and amendments.
[R.O. 2006 §100.150; Code 1975 §10.060; CC 1985 §1-14]
Ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed Chapters, Sections and Subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the Board of Aldermen.
[R.O. 2006 §100.160; CC 1985 §1-15]
A. 
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Mayor or Board of Aldermen. A supplement to the Code shall include substantive permanent and general parts of ordinances passed by the Board or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
B. 
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
C. 
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
1. 
Organize the ordinance material into appropriate subdivisions;
2. 
Provide appropriate catchlines, headings and titles for Sections and other subdivisions of the Code printed in the supplement, and make changes in any such catchlines, headings and titles;
3. 
Assign appropriate numbers to Sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing Section or other subdivision numbers;
4. 
Change the words "this ordinance" or words of the same meaning to "this Chapter", "this Article", "this Section", etc., as the case may be, or to "Sections ___________ to ___________" (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and
5. 
Make other non-substantive changes necessary to preserve the original meaning of ordinance Sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
[R.O. 2006 §100.170; Code 1975 §10.040; Ord. of 12-18-75 §7; CC 1985 §1-16]
It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.
[R.O. 2006 §100.180]
The provisions of every Chapter, Section, paragraph, sentence, clause and phrase are severable. If any provision of a Chapter, Section, paragraph, sentence, clause and/or phrase is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the Chapter, Section, paragraph, sentence, clause and/or phrase are valid unless the court finds the valid provisions of the Chapter, Section, paragraph, sentence, clause and/or phrase are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the legislature 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.