[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 §1-3; 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:
CITY
The words "the City" shall mean the City
of Chillicothe in the State of Missouri.
CITY COUNCIL, COUNCIL
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.
CODE OF ORDINANCES, CODE
The terms "Code of Ordinances" or "Code" shall mean the Code of Ordinances of Chillicothe,
Missouri.
CODIFICATION
The words "codification" or "this
codification" shall refer to the Code of Ordinances of Chillicothe,
Missouri.
COMPUTATION OF TIME
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.
COUNCILMAN
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.
COUNTY
The words "the County" shall mean Livingston
County in the State of Missouri.
DELEGATION OF AUTHORITY
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.
GENDER
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.
HAZARD TREES
Trees with severe structural defects or splits.
JOINT AUTHORITY
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
KEEPER, PROPRIETOR
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.
MAYOR
Whenever the word "Mayor" is used, it shall
mean the Mayor of the City of Chillicothe, Missouri.
NAME OF OFFICER
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Chillicothe, Missouri" were added.
NON-TECHNICAL 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
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.
OATH
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, 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,
joint tenant or tenant by the entirety of the whole or a part of such
building or land.
PARK TREES
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.
PERSON
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.
PERSONAL PROPERTY
Includes both tangible and intangible personal property as
defined herein.
PRECEDING, FOLLOWING
The Section next preceding or next following that in which
the reference is made, unless some other Section is expressly designated
in the reference.
PREMISES
Whenever the word "premises" is used, it
shall mean place or places.
PROPERTY
Includes real and personal property.
PUBLIC PLACE
Any park, cemetery, school yard or open space adjacent thereto.
PUBLIC WAY
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
REAL PROPERTY
The terms "real property" or "premises" or "real estate" or "lands" shall
be deemed to be co-extensive with lands, tenements and hereditaments.
RESIDENCE
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.
SEAL
Whenever the word "seal" is used, it shall
mean the City or corporate seal.
SIDEWALK
The portion of the street between the curb line and the adjacent
property line intended for the use of pedestrians.
SIGNATURE
Where the written signature of any person is required, the
proper handwriting of such person or his/her mark shall be intended.
STATE
The words "the State" shall mean the State
of Missouri.
STREET
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.
STREET TREES
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.
TANGIBLE PERSONAL PROPERTY
Includes goods, chattels and all similar personal property
except intangible personal property as defined herein.
TENANT, OCCUPANT
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.
TENSE
Words used in the past or present tense include the future
as well as the past and present.
TREE TOPPING
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.
WEEK
The word "week" shall be construed to mean
seven (7) days.
WRITING, WRITTEN
Includes printing, lithographing or other mode of representing
words and letters.
YEAR
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 §1-6]
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.