[CC 1979 §1-1]
The ordinances embraced in the following Chapters and Sections
shall constitute and be designated the "The Municipal Code, City of
Manchester, Missouri" and may be so cited.
[CC 1979 §1-2]
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 Manchester, Missouri" followed them.
The Municipal Code 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.
Whenever the words "corporate limits", "corporation
limits" or "City limits" are used, they
shall mean the legal boundary of the City of Manchester, Missouri.
The words "the County" or "this
County" shall mean the County of St. Louis in the State of
Missouri.
The Municipal Court of the City.
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 appears requiring an officer or the
head of a department of the City to do some act or make certain inspections,
it is to 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.
The word "designee", following an official
of the City, means the authorized agent, employee or representative
of such official.
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.
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.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or a servant, agent
or employee.
As used in this Code is permissive.
The Mayor of the City of Manchester.
A calendar month.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Manchester" 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.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one (1) person
and thing.
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.
Includes any natural individual, firm, trust, partnership,
association or corporation in his/her or its own capacity, or as administrator,
conservator, executor, trustee, receiver, or other representative
appointed by the court. Whenever the word "person" is used in any Section of this Code prescribing a fine or penalty
as applied to partnerships or associations, the word shall include
the partners or members thereof, and such word as applied to corporations
shall include the officers, agents or employees thereof who are responsible
for any violation of said Section. The word "person" 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
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.
Any public way, park, cemetery, school yard or open space
adjacent thereto, and all waterways.
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 deemed his/her residence.
The latest published edition of the Revised Statutes of Missouri.
The City or corporate Seal.
As used in this Code, is mandatory. MAY: As used in this Code is permissive.
A paved area separate from the highway or roadway intended
to be used by pedestrians.
Includes a mark when the person cannot write.
The State of Missouri.
To embrace 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 holding
a written or oral lease or who occupies the whole or a part of such
buildings or lands, either 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 mark, is
intended.
A calendar year.
[CC 1979 §1-3]
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 1979 §1-4]
The headings 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 headings, are amended or re-enacted.
A.
No
offense committed and no fine, penalty or forfeiture incurred, or
prosecution commenced or pending previous to or at the time when any
provision 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.
[CC 1979 §1-6]
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 1979 §1-12]
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 Manchester to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.100 hereof.
