[CC 1997 §1-1]
The ordinances embraced in the following Chapters shall constitute
and be designated the "Revised Code of Ordinances of Branson West,
Missouri" and may be so cited.
[CC 1997 §1-2; Ord. No. 1123 §1(a), 5-7-1996]
In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Board of Aldermen:
Any person who is a member of the Board of Aldermen of the
City of Branson West, Missouri.
Whenever the term "Board of Aldermen" or
the word "Board" is used, unless the context requires
otherwise, said term or word shall be construed to refer to the Board
of Aldermen of the City of Branson West, Missouri.
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 a record of the signature of the recipient.
The City of Branson West, Missouri.
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 day shall be excluded.
The words "the County" or "this
County" shall mean the County of Stone in the State of Missouri.
Whenever a provision appears requiring the head of a department
of the City to do some act or make certain inspections, it shall be
construed to authorize subordinates to perform the required act or
make the required inspection unless the terms of the provision designate
otherwise.
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 such persons.
The Mayor of Branson West, Missouri.
A calendar month unless otherwise specified.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Branson West" were added.
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 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".
"Or" may be read "and", and "and" may be read "or", if the
sense requires it.
The word "owner", applied to a building
or land, shall include any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety of
the whole or of a part of such building or land.
The word "person" shall extend and be applied
to associations, clubs, societies, firms, partnerships and other business
entities recognized by the Secretary of State, and bodies politic
and corporate as well as to individuals.
Includes every species of property except real property as
herein defined.
The words "immediately preceding" and "immediately following" shall mean next before and next
after, respectively.
The terms "real property", "premises",
"real estate" or "lands" shall be deemed
to be co-extensive with lands, tenements and hereditaments.
Includes real and personal property.
Any public street, park, cemetery, school yard, public library,
municipal building or open space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
Includes lands, tenements, and hereditaments.
The 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 presumed to be his/her
residence.
The term "Revised Code of Ordinances" or "Code" shall mean the Revised Code of Ordinances of the
City of Branson West, Missouri.
The City or corporate seal.
The word "shall", whenever used in this
Code, shall be construed as being mandatory.
The portion of the street between the curb line and the adjacent
property line intended for the use of pedestrians.
"The signature" or "subscription" of a person shall include a mark when a person cannot write.
The words "the State" or "this State" shall be construed to mean the State of Missouri.
Embraces streets, avenues, boulevards, roads, alleys, lanes,
viaducts, and all other public highways in the City.
The word "tenant" or "occupant", applied to a building or land, shall include any person who occupies
the whole or 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.
Seven (7) days.
Includes any representation of words, letters, or figures,
whether by printing or otherwise.
A calendar year.
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All general provisions, terms, phrases and expressions contained
in this Revised Code of Ordinances shall be liberally construed in
order that the true intent and meaning of the Board of Aldermen may
be fully accomplished.
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[1]
State Law References — Similar definitions, §§1.020
et seq., RSMo.
[CC 1997 §1-3]
The catchlines of the several Sections of this Revised Code
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, nor
as any part of the Section, nor, unless expressly so provided, shall
they be so deemed when any of such Sections, including the catchlines,
are amended or re-enacted.
[CC 1997 §1-4]
In the interpretation and application of any provision of this
Code, it shall be held to be the minimum requirements adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of this Code imposes restrictions
upon the subject matter differing from a general provision imposed
by the Code, the provision imposing the greater restriction shall
be deemed to be controlling.
[CC 1997 §1-5]
A.
The repeal
of an ordinance shall not revive any ordinances in force before or
at the time the ordinance repealed took effect.
B.
The repeal
of an ordinance shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding
pending at the time of the repeal, for an offense committed or cause
of action arising under the ordinance repealed.
C.
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 ordinance repealing or modifying the same
shall go into effect, unless therein otherwise expressly provided.
[CC 1997 §1-6]
It is hereby declared to be the intention of the Board of Aldermen
that the Sections, paragraphs, sentences, clauses and phrases of this
Revised Code are severable, and if any phrase, clause, sentence, paragraph
or Section of this Code shall be declared unconstitutional 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 and Sections of this Code, since the
same would have been enacted by the Board of Aldermen without the
incorporation in this Revised Code of any such unconstitutional phrase,
clause, sentence, paragraph or Section.
[CC 1997 §1-7]
A.
All ordinances
passed subsequent to this Revised Code of Ordinances, which amend,
repeal or in any way affect this Revised Code of Ordinances, may be
renumbered 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 Revised Code of Ordinances and subsequent ordinances numbered
or omitted are readopted as a new Revised Code of Ordinances by the
Board of Aldermen.
B.
Amendments
to any of the provisions to this Code should be made by amending such
provisions by specific reference to the Section of this Code in substantially
the following language: "That Section _______________________ of the
Revised Code of Ordinances of Branson West, Missouri, is hereby amended
to read as follows: _______________________ (Set out new provisions
in full) _______________________".
C.
In the
event a new Section not heretofore existing in the Code is to be added,
the following language may be used: "That the Revised Code of Ordinances
of the City of Branson West, Missouri, is hereby amended by adding
a Section (or Article, Chapter or other designation, as the case may
be) to the numbered ___________________ which reads as follows: ___________________
(set out new provisions in full)....".
D.
In lieu
of the foregoing paragraph, when the Board of Aldermen desires to
enact an ordinance of a general and permanent nature embracing a subject
not previously existing in the Code, which the Board of Aldermen desires
to incorporate into the Code, a provision in substantially the following
language may be made a part of the ordinance: "It is the intention
of the Board of Aldermen, and it is hereby ordained that the provisions
of this ordinance shall become and be made a part of the Revised Code
of Ordinances of the City of Branson West, Missouri, and the Sections
of this ordinance may be renumbered to accomplish such intention."
E.
All Section,
Articles, Chapters or other provisions of this Code desired to be
repealed should be specifically repealed by Section number, Article
number, Chapter or other number, as the case may be.
[CC 1997 §1-8]
It shall be unlawful for any person in the City 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 Branson West, Missouri, to be misrepresented thereby.
