[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:
The Board of Aldermen of Osage Beach, Missouri.
The words "the City" or "this City" or "City" shall mean the City of Osage Beach, Missouri.
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.
The words "the County" or "this
County" or "County" shall mean the County
of Camden or Miller, 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.
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.
Include persons, firms, associations, corporations, clubs,
and partnerships, whether acting by themselves or through a representative,
servant or agent.
Is permissive.
A calendar month.
The Osage Beach Municipal Court, a Division of the Twenty-Sixth
Judicial Circuit Court of the State of Missouri.
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.
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.
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".
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.
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.
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.
Includes money, goods, chattels, things in action and evidences
of debt.
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.
Includes real and personal property.
Includes 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 co-extensive with lands, tenements and hereditaments.
The latest edition of the Revised Statutes of Missouri, as
amended.
Is mandatory.
That portion of the street between the curbline and the adjacent
property line which is intended for the use of pedestrians.
The words "the State" or "this State" or "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 all of them.
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.
Words used in the past or present tense include the future
as well as the past and present.
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.
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.
