City of Bridgeton, MO General Provisions

The ordinances embraced in the following Chapters and Sections shall constitute and be designated the "Code of Ordinances, City of Bridgeton, Missouri," and may be so cited.

[1]

Charter Reference — Codification authority and requirements, §3.07(c).

Section 100.020 Rules of Construction. [1]

[CC §1-2, 7-15-1970]

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 Council:

CITY; CORPORATION: Whenever the words "the City", "this City", "the corporation" or "this corporation" are used they shall be construed as if the words "of Bridgeton, Missouri" followed them.

COMPUTATION OF TIME: The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded.

CORPORATE LIMITS, CORPORATION LIMITS, CITY LIMITS: Whenever the words "corporate limits", "corporation limits", or "City limits" are used they shall mean the legal boundary of the City of Bridgeton.

COUNCIL, CITY COUNCIL: Whenever the terms "Council" or "City Council" are used, they shall be construed to mean the Council of the City of Bridgeton.

COUNTY: The words "the County" or "this County" shall mean the County of St. Louis in the State of Missouri.

DEPUTIES' AUTHORITY: Whenever a provision appears requiring the head of a department of the City to do some act, it is to be construed to authorize his deputies or subordinates to perform the required act, unless the terms of the provision designates otherwise.

GENDER: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

INTERPRETATION: 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 the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

JOINT AUTHORITY: All words giving a joint authority to three (3) or more persons shall be construed as giving such authority to a majority of such persons or officers.

KEEPER AND PROPRIETOR: The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or a servant, agent or employee.

MAYOR, OTHER OFFICER: Whenever the word "Mayor", or the title of any other officer, is used it shall mean the Mayor, or such other officer, of the City.

MONTH: The word "month" shall mean a calendar month.

NONTECHNICAL AND TECHNICAL WORDS: 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.

NUMBER: A word importing the singular number only includes several persons and things as well as one person or thing, and the converse is true.

OATH: The word "oath" 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 words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

OR, AND: "Or" may be read "and", and "and" may be read "or" if the sense requires it.

OWNER: 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.

PERSON: The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

PERSONAL PROPERTY: The term "personal property" includes every species of property except real property as herein described.

PRECEDING, FOLLOWING: The words "preceding" and "following" mean next before and next after, respectively.

PREMISES: Whenever the word "premises" is used it shall mean place or places.

PROPERTY: The word ""property" shall include real and personal property.

PUBLIC PLACE: The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, and all beaches, canals or other waterways.

REAL PROPERTY: The term "real property" shall include lands, tenements and hereditaments.

RESIDENCE: The term "residence" shall be construed to mean the place where the family of any person permanently resides in this City, and the place where any person having no family generally lodges.

SIDEWALK: The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

SIGNATURE OR SUBSCRIPTION: The "signature" or "subscription" of a person shall include a mark when the person cannot write.

STATE: The words "the State" shall be construed to mean the State of Missouri.

STREET: The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.

TENANT, OCCUPANT: The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.

TENSE: Words used in the past or present tense include the future as well as the past and present.

WEEK: The word "week" shall be construed to mean seven (7) days.

WRITTEN, IN WRITING: The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

YEAR: The word "year" shall mean a calendar year.

[1]

Charter Reference — Masculine pronouns, §13.17.

Cross Reference — Definitions for purposes of alcoholic beverage regulations, §600.010; for dogs and rabies control, §210.050; for sign regulations, §§515.010 — 515.140; for food regulations, §660.030; for garbage and trash regulations, §245.010; for swimming pool regulations, §235.010; for licensing provisions, §§610.010, 620.010, 625.010, 630.010; for subdivision regulations, §400.040; taxicabs, §665.010; trailer coach parks, §670.010; see also the various technical codes adopted by reference herein, the personnel rules and regulations, and the zoning ordinance.

State Law Reference — Definitions, rules of construction, etc. RSMo. §1.020 et seq.

Section 100.030 Catchlines of Sections.

[CC §1-3, 7-15-1970]

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 such Sections, or 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.

Section 100.040 Effect of Repeal of Ordinances.

[CC §1-4, 7-15-1970]

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

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.

Section 100.050 Severability of Parts of Code.

[CC §1-5, 7-15-1970]

The Sections, paragraphs, sentences, clauses and phrases of this 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 a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and Sections of this Code.

Section 100.060 Amendments To Code.

[CC §1-6, 7-15-1970]

All ordinances passed subsequent to this Code of Ordinances, which amend, repeal or in any way affect this Code of Ordinances, 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 of Ordinances and subsequent ordinances numbered or omitted or re-adopted as a new Code of Ordinances by the Council.

Amendments to any of the provisions of 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 Code of Ordinances of the City of Bridgeton, Missouri, is hereby amended to read as follows: ________________(Set out new provisions in full)_____________."

When the governing body desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the governing body desires to incorporate into the Code, a Section in substantially the following language shall be made a part of the ordinance:

"Section ____________. It is the intention of the governing body, and it is hereby ordained that the provisions of this Chapter shall become and be made a part of the Code of Ordinances of the City of Bridgeton, Missouri, and the Sections of this Chapter may be renumbered to accomplish such intention."

All Sections, Articles, Chapters or provisions of this Code desired to be repealed should be specifically repealed by Section number or Chapter number, as the case may be.

Section 100.070 Altering Code.

[CC §1-7, 7-15-1970]

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 of Bridgeton to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.080 hereof.

Section 100.080 General Penalty — Continuing Violations. [1]

[Ord. No. 71-65, §§1,2, 10-6-1971; Ord. No. 04-34 §1, 5-19-2004]

Whenever in this Code or in any ordinance or resolution of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution, the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor and where no penalty for such offense is fixed by Statute, the violation of any such provision of this Code or any ordinance or resolution shall constitute disorderly conduct and shall be punished by a fine of not less than one dollar ($1.00) and not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or both, recoverable with costs of suit, together with judgment of imprisonment until the fine and cost are paid or satisfied. Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.

In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the City, abated as provided by law and each day that such condition continues shall be regarded as a new and separate offense.

No punishment shall be imposed upon a conviction for the violation of any City ordinance which exceeds a fine of one thousand dollars ($1,000.00) or imprisonment for a term exceeding six (6) months, or both, and any Section of the Code of Ordinances of the City of Bridgeton, Missouri, which now provides for a penalty in excess of said maximum punishment is hereby amended to provide for a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a term not to exceed six (6) months, or both such fine and imprisonment.

Any Section in said Code of Ordinances which authorizes the imposition of a lesser penalty shall not be amended by this Section but shall be and remain the same.

[1]

Charter Reference — Authority, §3.06(22).

Cross Reference — Assessment of fines, etc., §110.250; jury trial, see §110.110.

Section 100.090 Prosecution Where Different Penalties Exist For Same Offense.

[CC §1-9, 7-15-1970]

In all cases where the same offense may be punishable, or shall be created by different clauses or Sections of the ordinances of the City, the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense.

Section 100.100 Recording By City Clerk — Certificate of Publication. [1]

[CC §1-10, 7-15-1970]

All ordinances passed by the Council shall be recorded by the City Clerk in a proper book or books, with indexes. The originals shall be filed in the City Clerk's office; and due proof of the publication of all ordinances requiring publication by the certificate of the publisher or printer shall be procured by the Clerk, and attached thereto, or written and attested upon the face of the record of such ordinance.

[1]

Charter Reference — Clerk required to keep journal, §3.09.

Section 100.110 Effective Date of Ordinances. [1]

[CC §1-11, 7-15-1970]

All ordinances shall take effect upon their adoption unless an ordinance shall otherwise specify the time it shall go into effect.

[1]

Charter Reference — See §3.07(b).

Section 100.120 Wards Designated, Map On File.

[Ord. No. 1098, 12-17-1969; Ord. No. 70-6, 1-7-1970]

Pursuant to the provisions of Section 11.11 of the Charter there shall be four (4) wards for the election of Councilmen as designated by ordinance from time to time. The descriptions of said wards are shown on Official Ward Map on file in the office of the City Clerk.