[R.O. 2011 §1.04.010; Prior Code §1-1]
The ordinances embraced in this and the following Chapters and
Sections shall constitute and be designated the Municipal Code of
the City of University City, Missouri and may be so cited. Such ordinances
may also be cited as the University City Municipal Code.
[R.O. 2011 §1.04.020; Code 1950 §401.3; Prior Code
§1-2]
In the construction of this Code and of all 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:
Refers to the Charter of University City, Missouri, adopted
by the people at a special election held on February 4, 1947, and
the amendments thereto.
The words "the City" or "this City" mean the City of University City, Missouri.
The words "City Council" or "the
Council" mean the City Council of University City.
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 is Sunday or a legal holiday, that shall be excluded.
The County of St. Louis.
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.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
A calendar month.
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".
Applied to a building or land, means and includes 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.
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 prescribing
a penalty or fine, as to partnerships or associations, the word shall
include the partners or members thereof, and as to corporations, shall
include the officers, agents or members thereof who are responsible
for any violation of such Section.
Includes goods, chattels and all personal property, except
intangible personal property.
When used by way of reference to any Section of this 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.
Includes real and personal property.
The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with
lands, tenements and hereditaments.
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 the person's mark shall be intended.
The words "the State" or "this State" means 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 all of them.
Applied to a building or land includes any person who occupies
the whole or a part of such building or land, whether alone or with
others.
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.
|
[Ord. No. 7067, 11-27-2017]
No provision of this Code shall apply to any circumstance in
which such application shall be unlawful under superseding Federal
or State law and furthermore, if any Section, Subsection, sentence,
clause, phrase, or portion of this Code is now or in the future superseded
or preempted by State or Federal law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically
interpreted and applied as required by law.
[R.O. 2011 §1.04.030; Prior Code §1-3]
A.
The
catchlines of the several Sections of this Code printed in boldface
type are intended as mere catchwords to indicate the contents of the
Section and shall not be deemed or taken to be titles of such Section,
nor as any 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 re-enacted.
B.
The
provisions appearing in this and the following Chapters, so far as
they are the same as those of the 1950 Municipal Code or other ordinances
existing at the time of the adoption of the Code of the City of University
City, Missouri, shall be considered as a continuation thereof and
not as new enactments.
[R.O. 2011 §1.04.040; Prior Code §1-4; Ord. No. 6192 §10, 1999]
It is declared to be the intention of the City Council that the Sections, paragraphs, sentences, clauses and phrases of Ordinance 6192, codified in Chapter 100 of the University City Municipal Code adopted are severable, and if any phrase, clause, sentence, paragraph or Section of Ordinance 6192, codified in Chapter 100 of the University City Municipal Code shall be declared unconstitutional or otherwise 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 Ordinance 6192, codified in Chapter 100 of the University City Municipal Code adopted.
[R.O. 2011 §1.04.050; Code 1950 §401.2; Prior Code
§1-5]
Any ordinances containing additions or amendments to the Municipal
Code of University City, when passed in such form as to indicate the
intention of the Council to make the same a part hereof, shall be
deemed to be incorporated in this Code so that reference to the Municipal
Code of University City shall be understood as including them.
[R.O. 2011 §1.04.060; Prior Code §1-6]
Whenever any ordinance or part of an ordinance shall be repealed
or modified, either expressly or by implication, by a subsequent ordinance,
the ordinance or part of an ordinance thus repealed or modified shall
continue in force until the ordinance repealing or modifying the same
shall go into effect unless therein otherwise expressly provided but
no suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under any ordinance previous to
its repeal shall in anywise be affected, released or discharged but
may be prosecuted, enjoyed and recovered as fully as if such ordinance
or provisions had continued in force, unless it shall be therein otherwise
expressly provided.
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.
[R.O. 2011 §1.04.080; Code 1950 §401.6; Prior Code
§1-9]
In case of the amendment of any Section of this Code or of any
ordinance containing provisions for which a penalty is provided in
another Section thereof, the penalty so provided in such other Section
shall be held to relate and apply to the Section so amended, whether
re-enacted in the amendatory ordinance or not, unless otherwise specifically
provided therein.
[R.O. 2011 §1.04.090; Code 1950 §402.1; Prior Code
§1-10]
The Seal of the City shall be of metal, of circular shape, one
and one-half (1½) inches in diameter, with a design consisting
of an open book in the center and the words "Seal of the City of University
City, Missouri" cut thereon in a circular form around the outside
edge. It shall be kept in the custody of the City Clerk.
No impression of such seal upon any document or writing shall
be valid or binding unless the same be duly attested by the proper
officer of this City and duly authenticated by law.
 |
[R.O. 2011 §1.04.100; Code 1950 §402.4; Prior Code
§1-13]
All elevations within the corporate limits of the City shall
be referred to a datum plane which is one hundred fifty-four and four
one-hundredths (154.04) feet below the top of the concrete monument
in the north line of Delmar Boulevard at a point one thousand (1,000)
feet east of the southwest corner of the subdivision known as University
Heights Subdivision (No. 1), as laid down on a plat thereof, filed
for record in the office of the Recorder of Deeds of the County, on
the twenty-third (23rd) day of February, 1904, and recorded in Plat
Book No. 6, at pages 14 and 15. This datum plane shall be the City
directrix and its elevation shall be zero (0) feet.
