[CC 1999 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances of the City of Chillicothe, Missouri".
[CC 1999 §1-2]
A.
Nothing contained in this Code of Ordinances or the ordinance adopting this Code shall be construed to repeal or otherwise affect the following:
1.
Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Chapter;
2.
Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bond of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City;
3.
Any appropriation ordinance;
4.
Any right or franchise granted by the City Council to any person, firm or corporation;
5.
Any ordinance providing for local improvements or making assessments therefore;
6.
Any ordinance annexing property to the City;
7.
Any ordinance enacted by the City after the first (1st) day of March, 1999;
nor shall such repeal be construed to revive any ordinance or part of an ordinance which is repealed by this Chapter. |
[CC 1999 §1-3; Ord. No. 2004-96 §1, 12-14-2004]
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 City Council, or unless the context clearly requires otherwise:
The words "the City" shall mean the City of Chillicothe in the State of Missouri.
Whenever the term "City Council" or the word "Council" is used, unless the context required otherwise, said term or word shall be construed to refer to the City Council of the City of Chillicothe, Missouri.
The terms "Code of Ordinances" or "Code" shall mean the Code of Ordinances of Chillicothe, Missouri.
The words "codification" or "this codification" shall refer to the Code of Ordinances of Chillicothe, 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 be Saturday, Sunday or a legal holiday, that shall be excluded.
The word "Councilman" shall mean any person elected to the City Council and shall include those persons who hold other offices and who are ex officio.
The words "the County" shall mean Livingston County in the State of Missouri.
Whenever a provision appears in this Code requiring the head of a department or an officer of the City to do some act or make certain inspections, it may be construed to authorize the head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspections 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, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.
Trees with severe structural defects or splits.
Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.
The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Whenever the word "Mayor" is used, it shall mean the Mayor of the City of Chillicothe, Missouri.
A calendar month.
Whenever the name of an officer is given, it shall be construed as though the words "of the City of Chillicothe, Missouri" 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.
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.
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Code of Ordinances prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof and as to corporations the word shall include the officers, agents or members thereof who are responsible for any violation of such Section.
Includes both tangible and intangible personal property as defined herein.
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 terms "real property" or "premises" or "real estate" or "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.
Whenever the word "seal" is used, it shall mean 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 words "the State" shall mean 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.
Trees, shrubs, bushes and all other woody vegetation on public land and rights-of-way laying between property lines on either side of the streets, avenues or ways within the City.
Includes goods, chattels and all similar personal property except intangible personal property as defined herein.
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.
The severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
The word "week" shall be construed to mean seven (7) days.
Includes printing, lithographing or other mode of representing words and letters.
A calendar year.
All general provisions, terms, phrases and expressions obtained in this Code of Ordinances shall be liberally construed in order that the true intent and meaning of the City Council may be fully accomplished.
[CC 1999 §1-4]
A.
The repeal of any ordinance, part of ordinance, or resolution, by the ordinance adopting this Code, by implication or expressed terms, shall not affect any act done, or right accrued or established in any proceeding, action, suit or prosecution or other thing had or commenced previous to the passage of such adopting ordinance, or the taking effect thereof; and every such act, right or proceeding shall remain and continue as valid and effectual as if the provisions of such ordinance or resolution had remained in force.
B.
No offense committed, nor fine, forfeiture or penalty incurred previous to the time when the provisions of any ordinance, parts of ordinances, or a resolution shall be repealed by such adopting ordinance, shall be affected, released or in any way discharged by such repeal, but the trial, conviction and punishment of such offense and the recovery of the fines, forfeitures and penalties shall be had in all respects as if such provisions had remained in force.
C.
No action, prosecution, suit or proceedings pending at the time any ordinance or parts of ordinances shall be repealed by the adopting ordinance shall be in any way affected by such repeal, except that any such action, prosecution, suit or proceeding had and commenced after the adopting ordinance goes into effect shall be conducted in conformity with the provisions of this Code and shall be in all respects subjected to the provisions thereof, so far as they are applicable.
[CC 1999 §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 and 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.
[CC 1999 §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 the same without first submitting such book, pamphlet, leaflet, card, circular or other printed matter or portion of the same 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.
[CC 1999 §1-7]
Any 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 providing the ordinances therein contained, the same and for the same purpose as the original ordinances, minutes or journals would be received.
[CC 1999 §1-8]
The catchlines of several Sections of this codification printed in boldface type are intended as mere catch words to indicate the contents of the Sections and shall not be deemed or taken to be titles of such Section, nor 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 re-enacted.
[CC 1999 §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 therefor, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Chillicothe, Missouri, to be misrepresented thereby.