[CC 1977 §1-1; Rev. Ords. 1939 Ch. 42 Art. 1 §1]
This Code shall be known and may be cited as the "Code of Ordinances
of the City of Harrisonville, Missouri" or as "the Code of Ordinances"
or "the Code".
[CC 1977 §1-4]
In the construction of this Code of Ordinances 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 shall include those
persons who hold other offices and who are ex officio.
Whenever the term "Board of Aldermen" or the word "Board"
is used, unless the context requires otherwise, such term or word
shall be construed to refer to the Board of Aldermen of the City of
Harrisonville.
The City of Harrisonville in the State of Missouri.
The Code of Ordinances of Harrisonville, Missouri.
Refers to the Code of Ordinances of Harrisonville, 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 is Sunday or a legal holiday, that shall be excluded.
Cass 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 inspections unless the terms of the provision or
Section designates 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 the persons, unless
otherwise declared in the law giving the authority.
Includes persons, firms, associations, corporations, clubs
and partnerships whether acting by themselves or through a servant,
agent or employee.
The Mayor of the City of Harrisonville.
A calendar month.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Harrisonville" 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.
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, 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 of the Code,
mean the Section next preceding or next following that in which the
reference is made, unless some other Section is expressly designated
in the reference.
Whenever the word "premises" is used, it
shall mean place or places.
Includes real and personal property.
Any park, cemetery, school yard or open space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The term "real property", "premises", "real estate" or "lands" shall
be deemed to be coextensive 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.
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.
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.
A calendar year.
All general provisions, terms, phrases and expressions contained
in this Code of Ordinances shall be liberally construed in order that
the true intent and meaning of the Board of Aldermen may be fully
accomplished.
[CC 1977 §1-8]
The headings 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, nor as any part of the Section nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including
the headings, are amended or re-enacted.
[CC 1977 §1-9]
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 this Code in any manner whatsoever which will cause the law of
the City of Harrisonville, Missouri, to be misrepresented thereby.
[CC 1977 §1-11]
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 1977 §2-47]
All ordinances enacted by the Mayor and Board of Aldermen shall
take effect upon their adoption and approval by the Mayor unless an
ordinance shall otherwise specify the time when it shall go into effect.
[CC 1977 §1-7]
A printed copy of this Code of Ordinances containing a printed
certificate of the City Clerk as to the correctness of such codification
shall be received in evidence in any court for the purpose of proving
the ordinances therein contained, the same and for the same purpose
as the original ordinances, minutes or journals would be received.
[CC 1977 §1-5]
A.
The
City Clerk shall keep three (3) copies of this Code of Ordinances.
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 insure 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.
It is hereby declared to be the intention of the Board of Aldermen
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section or Chapter of this Code shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, Sections and Chapters of this Code since the same would
have been enacted by the Board of Aldermen without the incorporation
in this Code of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or Section.
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code 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.
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 person to be served personally or
by leaving the same at his/her residence, office or place of business
with some person of his/her family over the age of fifteen (15) years;
2.
By mailing said notice by certified or registered mail to such person
to be served at his/her last known address; or
3.
If the person to be served is unknown or may not be notified under
the requirements of this Section, then by posting said notice in some
conspicuous place 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.
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
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 unless
otherwise declared in the law giving the authority.
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.
