[R.O. 2008 §100.050; CC 1988 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances, City of Louisiana, Missouri" or as "the Code of Ordinances" or "the Code".
[R.O. 2008 §100.060; Code 1968 §1-2; CC 1988 §1-2]
In the construction of this Code and of all other ordinances of the City, 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:
- CERTIFIED MAIL OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED
- Includes certified mail carried by the United States Postal Service or any parcel or letter carried by an overnight, express or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient.
- The words "the City" or "this City" shall mean the City of Louisiana, Missouri.
- CITY COUNCIL
- The words "City Council" or "the Council" shall mean the City Council of Louisiana.
- The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Louisiana, Missouri".
- COMPUTATION OF TIME
- The time in which any act provided by law is to be done is computed by excluding the first (1st) day and including the last, unless the last day is Sunday, in which case it shall also be excluded.
- The words "the County" shall mean the County of Pike, State of Missouri.
- Any period of twenty-four (24) hours.
- DAYTIME, NIGHTTIME
- "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
- 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.
- IN THE CITY
- The words "in the City" shall mean and include all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
- JOINT AUTHORITY
- Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons, unless otherwise declared in the law giving the authority.
- A calendar month.
- When ever 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.
- 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" or "affirmed".
- OFFICERS, DEPARTMENTS, ETC.
- Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Louisiana unless the context clearly indicates otherwise.
- OFFICIAL TIME
- Whenever certain hours are named in this Code, they shall mean central standard or daylight savings time, as may be in current use in the City.
- OR, AND
- "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.
- The word "person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt.
- PRECEDING, FOLLOWING.
- When used by way of reference to any Section of this Code, mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.
- Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
- Includes real and personal property.
- PUBLIC WAY
- Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
- REAL PROPERTY
- The terms "real property", "premises", "real estate" or "lands" shall be deemed to be coextensive with lands, tenements and hereditaments.
- SHALL, MAY
- The word "shall" is mandatory, and the word "may" is permissive.
- That portion of the street between the curbline and the adjacent property line which is intended for the use of pedestrians, including sidewalks over private property where curbline and property line are the same.
- 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" or "this State" shall mean the State of Missouri.
- The word "street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.
- 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.
- The present tense includes the past and future tenses, and the future includes the present.
- A week consists of seven (7) consecutive days.
- WRITTEN, IN WRITING and WRITING WORD FOR WORD
- 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/her mark, is intended.
- A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord".
All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.
[R.O. 2008 §100.070; Code 1968 §1-3; CC 1988 §1-3]
The catchlines of the several Sections of this Code, immediately preceding each Section, are intended as mere catchwords to indicate the contents of the Section, and shall not be deemed or taken to be titles of such Sections, nor as part of the Section, nor, unless expressly so provided, shall they be so deemed when any of such Sections, including the catchlines, are amended or reenacted.
[R.O. 2008 §100.080; Code 1968 §1-4; CC 1988 §1-4]
The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.
[R.O. 2008 §100.090]
When an ordinance repealing a former ordinance, clause or provision is itself repealed, it does not revive the former ordinance, clause or provision, unless it is otherwise expressly provided; nor shall any ordinance repealing any former ordinance, clause or provision abate, annul or in anywise affect any proceedings had or commenced under or by virtue of the ordinance so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing ordinance had not passed, unless it is otherwise expressly provided.
No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any ordinance 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 that all such proceedings shall be conducted according to existing procedural laws.
[R.O. 2008 §100.110]
The repeal of any statutory provision 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.
[R.O. 2008 §100.120]
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.
[R.O. 2008 §100.130; CC 1988 §1-7]
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the City Council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
Organize the ordinance material into appropriate Subsections;
Provide appropriate catchlines, headings and titles for Sections and other Subsections of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
Assign appropriate numbers to Sections and other Subsections to be inserted in the Code and, where necessary to accommodate new material, change existing Section or other Subsection numbers;
Change the words "this ordinance" or words of the same meaning to "this Chapter", "this Article", "this Subsection", etc., as the case may be, or to Sections _______________ through _______________ (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and
Make other non-substantive changes necessary to preserve the original meaning of ordinance Sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
[R.O. 2008 §100.140; CC 1988 §1-8]
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 Louisiana to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 100.170.
[R.O. 2008 §100.150; Code 1968 §1-15; CC 1988 §1-9]
It is hereby declared to be the intention of the City Council that 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 otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
At least three (3) copies of the published book shall be kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours.