[CC 1989 §1-1; Ord. No. 1328 §1, 9-25-1989]
The ordinances embraced in the following Chapters and Sections
shall constitute and be designated the "Municipal Code of the City
of Town and Country, Missouri", and may be so cited. Alternatively,
when the context is clear this Code may be cited as the "Municipal
Code".
[CC 1989 §1-2; Ord. No. 1410 §8, 7-23-1990]
The terms used in this Code, unless otherwise specifically defined,
shall have the meanings prescribed by the Revised Statutes of Missouri
for the same terms.
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.
The Board of Aldermen of the City.
When a bond is required, an undertaking in writing is sufficient
unless otherwise required by State law or this Code.
Whenever the words "the City" or "this City" are used they shall be construed as if the words
"of Town and Country, Missouri" followed them, and include the present
area of the City as well as any future alterations thereof.
The Code of Ordinances of the City.
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.
References to "County" shall mean the County
of St. Louis in the State of Missouri unless otherwise stated.
The Municipal Court of the City unless some other court is
specifically referred to herein.
Unless otherwise expressly provided, definitions given within
a Chapter, Article, Division or Section apply only to words or phrases
used in such Chapter, Article, Division or Section.
Whenever a provision authorizes or requires an officer or
head of a department of the City to perform some act, such provision
shall be construed to authorize the officer or department head so
named to designate, delegate and authorize subordinates to perform
the authorized or required act unless the terms of the ordinance state
otherwise.
The word "designee," following an official
of the City, means the authorized agent, employee or representative
of such official.
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.
"Heretofore" means anytime previous to the
day when the ordinance containing it takes effect; and "hereafter" means the time after the ordinance containing it takes effect.
In the interpretation and application of any provision of
this Code, it shall be held to be the minimum requirement 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 another, more general provision
imposed by the Code, the provision imposing the greater restriction
or regulation shall be deemed to be controlling.
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.
Shall mean and include persons, firms, associations, corporations,
clubs and partnerships, whether acting by themselves or through a
servant, agent or employee.
A calendar month.
Whenever the name of an officer is given it shall be construed
as though the words "of the City of Town and Country" 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.
Whenever, in any ordinance, words importing the plural number
are used in describing or referring to any matter, parties or persons,
any single matter, party or person is included, although distributive
words are not used. When any subject matter, party or person is described
or referred to by words importing the singular number or the masculine
gender, several matters and persons, and females as well as males,
and bodies corporate as well as individuals, are included.
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" 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" may extend and be applied
to bodies politic and corporate, and to partnerships and other unincorporated
associations.
Includes every species of property except real property,
as herein described.
The words "preceding" and "following" mean next before and next after, respectively.
Whenever the word "premises" is used it
shall mean place or places.
Shall include real and personal property, unless otherwise
stated.
Any public way, park, cemetery, school yard or open space
adjacent thereto, and all waterways.
Is coextensive with lands, tenements and hereditaments.
May be used as an abbreviation for the "Revised Statutes
of Missouri".
The term "shall" is mandatory and the term "may" is permissive.
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians,
including sidewalks over private property where curb line and property
line are the same.
References to "State" shall mean the State
of Missouri.
All surfaces used for vehicular traffic, including public
or private rights-of-way which afford the principal means of access
by vehicles to abutting properties, and excluding parking lot entrance
drives and circulating drives in non-residential developments and
private driveways in residential developments. The word "street" shall be construed to include major streets, minor streets, local
streets, roads, avenues, boulevards, alleys, lanes, viaducts and all
other public ways in the City.
The word "tenant" or "occupant" applied to a building or land, shall include any person occupying
the whole or part of such buildings or lands, either alone or with
others.
The word "week" shall be construed to mean
seven (7) days.
A calendar year unless otherwise specified.
[CC 1989 §1-5]
Unless otherwise provided in this Code, this Code shall apply
to acts performed within the corporate limits of the City. The provisions
of this Code shall also apply to acts performed outside the corporate
limits and up to the limits prescribed by law where the law confers
power on the City to regulate such particular acts outside the corporate
limits.
[CC 1989 §1-6]
The catchlines of the several Sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the Sections and shall not be deemed or taken to be Titles of such
Sections, or as any part of the Sections, nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including
the catchlines, are amended or reenacted.
When a law repealing a former law, clause or provision is itself
repealed, it does not revive the former law, clause or provision,
unless it is otherwise expressly provided; nor shall any law repealing
any former law, clause or provision abate, annul or in any wise affect
any proceedings had or commenced under or by virtue of the law so
repealed, but the same is as effectual and shall be proceeded on to
final judgment and termination as if the repealing law had not passed,
unless it is otherwise expressly provided.
A.
No offense
committed and no fine, penalty or forfeiture incurred, or prosecution
commenced or pending previous to or at the time when any ordinance
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:
1.
That
all such proceedings shall be conducted according to existing procedural
laws; and
2.
That
if the penalty or punishment for any offense is reduced or lessened
by any alteration of the law creating the offense prior to original
sentencing, the penalty or punishment shall be assessed according
to the amendatory law.
The repeal of any law does not affect any act done or right
accrued or established in any proceeding, suit or prosecution had
or commenced in any civil case previous to the time when the repeal
takes effect; but every such act, right and proceeding remains as
valid and effectual as if the provisions so repealed had remained
in force.
No action or plea pending at the time any statutory provisions
are repealed shall be affected by the repeal; but the same shall proceed,
in all respects, as if the statutory provisions had not been repealed,
except that all proceedings had after the repeal becomes effective
are governed by procedural rules and laws then in effect, insofar
as they are applicable.
[CC 1989 §1-8]
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 or invalid
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and Sections of
this Code.
[CC 1989 §1-10]
All printed copies of this Code, except such as shall be reserved
by the City Attorney for use by the Legal Department, shall be deposited
with the City Clerk. The City Clerk shall deliver one (1) copy to
the Mayor, one (1) copy to each Alderman and one (1) copy to each
department head and to such other persons as the Board of Aldermen
may by resolution direct. The City Clerk shall sell copies of the
printed Code at such price as the Board of Aldermen shall fix.
[CC 1989 §1-11]
A.
The City
Clerk shall keep three (3) copies of this Code. These copies shall
be printed or otherwise mounted to withstand heavy usage and preserved
by the City Clerk in a book or binder in looseleaf form, or in such
other form as the Board of Aldermen may consider most expedient, so
that all amendments thereto and all general ordinances hereafter passed
may be inserted in their appropriate places in such volume, and all
Sections of this Code or ordinances repealed from time to time may
be extracted therefrom for the purpose of maintaining said three (3)
copies in such condition that they will show all general ordinances
passed up to date at any time in such manner that ready reference
may be had thereto.
B.
In determining
whether or not any ordinance hereafter passed, or any part thereof,
shall be inserted in such volume, and in determining the form, Chapter,
Article, or Section which shall be taken out, if any doubt arises,
the City Clerk shall be guided by the advice of the City Attorney.
[CC 1989 §1-12]
Any copy of this Code or any copy of any addition, amendment
or supplement thereto adopted, published and certified according to
law shall be received in evidence in court for the purpose of proving
the ordinances therein contained with like effect and for the same
purpose as the original ordinances would be received.
[CC 1989 §1-13]
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 Town and Country to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.150 hereof.
