[R.O. 2012 §100.010; CC 1992 §1-1]
This ordinance shall be known and may be cited as the "Code
of Ordinances of the City of Union, Missouri", or simply as "the Code
of Ordinances" or "the Code".
[R.O. 2012 §100.020; CC 1992 §1-4]
In the construction of this Code and of all ordinances, 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:
Any person elected to that office, and includes those persons
who hold other offices and who are ex officio.
The Board of Aldermen of the City of Union.
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 Union in the State of Missouri.
The Code of Ordinances of the City of Union, Missouri.
The Code of Ordinances of the City of Union, 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.
Franklin County in the State of Missouri.
Whenever a provision appears in this Code requiring the head
of a department of the City to do some act or make certain inspections,
it may be construed to authorize the head of the department 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.
When any subject matter, party or person is described or
referred to by words importing the masculine gender, 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.
The Mayor of the City of Union.
Any violation, failure, neglect or refusal to comply with
any provision, regulation or requirement of any provision of this
Code or other ordinance of the City.
A calendar month.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Union" were added.
Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
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.
Shall be construed to include an affirmation in all cases
in which, by law, an affirmation may be substituted for an oath, and
in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed".
The word "or" may be read "and", and the word "and" may be read "or", if the sense requires it.
Applied to a building or land, includes 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.
May extend and be applied to bodies politic and corporate,
and to partnerships and other unincorporated associations.
Includes money, goods, chattels, things in action and evidences
of debt.
When used by way of reference to any Section herein, 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.
Place or places.
Includes real and personal property.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
Any park, cemetery, schoolyard or open space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property", "premises", "real estate" and "lands" shall
be deemed to be co-extensive with 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 deemed his/her residence.
The City or corporate seal.
The portion of the street between the curb line and the adjacent
property line, 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 State of Missouri.
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare, and each of such words
shall include every other of them.
Applied to a building or land, includes 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.
Seven (7) days.
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.
Means a calendar year unless otherwise expressed, and is
equivalent to the words "year of our Lord".
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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 accomplished.
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[R.O. 2012 §100.030; CC 1992 §1-5]
A.
The
City Clerk shall keep three (3) copies of this Code available for
inspection by the public at all reasonable business hours. These copies
shall be so preserved by the City Clerk that any and all amendments
to or general ordinances affecting such codification shall be shown
by appropriate notes. The purpose of this provision is to ensure the
maintenance in the office of the City Clerk of three (3) master copies
of the codification in which shall be shown any and all changes which
have taken place since the publication thereof.
B.
In
determining whether or not any ordinances hereafter passed, or any
part thereof, shall be noted in the copies of the codification so
preserved by the City Clerk, and in determining the form of any such
note and its location, if any doubt arises, the City Clerk shall be
guided by the advice of the City Attorney or his/her assistants.
[R.O. 2012 §100.040; CC 1992 §1-6]
No officer or employee of the City shall issue, mail or distribute
as a publication of the City or any officer, department or branch
of the City government any book, pamphlet, leaflet, card, circular
or other printed matter purporting to contain excerpts or quotations
from this codification or purporting to give the law on any subject
to the public, either as a reprint of any ordinance or other legislative
enactment, or as a digest, interpretation, resume, condensation or
explanation of any ordinance or other legislative enactment, without
first submitting such book, pamphlet, leaflet, card, circular or other
printed matter or portion of such printed matter which purports to
give the law to the City Clerk for examination and approval as to
form and as to whether or not the law is correctly stated therein.
[R.O. 2012 §100.050]
The Board of Aldermen may from time to time provide for the
compilation or revision and codification of the general ordinances
of the City and the publication in book form of such compilation or
codification, and may provide for keeping such compilation and codification
up to date by supplements to permanently bound books or by insertions
of amending or new ordinances in loose-leaf binders, and may provide
for annual or occasional recodification of codifications housed in
loose-leaf binders. The codification may contain citations to sections
or previous ordinances retained or modified. All titles, effective
date sections and signatures of ordinances may be omitted. The codification
may contain annotations to Statutes, cross references and other matter
that may make the code more useful. The codification may incorporate
by reference standard or model codes or ordinances, State regulations
and Statutes as authorized by Section 67.280, RSMo., Sections 67.400
to 67.450, RSMo., and Section 300.600, RSMo., and amendments to such
Statutes. The ordinance adopting the codification shall recite that
the codification was authorized by ordinance, and that it was made
in conformity with this Section and amendments to this Section. When
the ordinance and the codification, along with a certificate of the
City Clerk that the same are true and correct copies, are published
in book form, the codification shall take effect and shall import
absolute verity and be received in evidence in all courts and places
without further proof.
[R.O. 2012 §100.060; CC 1992 §1-8]
Any and all additions and amendments to this Code, when passed
in such form as to indicate the intention of the Board of Aldermen
to make the additions and amendments a part thereof, shall be deemed
to be incorporated in such Code, so that references to the Code of
Ordinances of the City of Union, Missouri, shall be understood and
intended to include such additions and amendments.
[R.O. 2012 §100.070; CC 1992 §1-10]
The catchlines of the several Sections of this codification
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 such Sections or 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 reenacted.
[R.O. 2012 §100.080; CC 1992 §1-11]
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
the City to be misrepresented thereby.
[R.O. 2012 §100.090; CC 1992 §1-15]
In the interpretation and application of any provisions 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 this Code, the provision imposing the greater restriction shall
be deemed to be controlling.
