[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;
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nor shall such repeal be construed to revive any ordinance or
part of an ordinance which is repealed by this Chapter.
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[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.
[1]
State Law References — Definitions, rules of construction,
etc., §§1.020 et seq., RSMo.
[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.
