[CC 1988 §10.010]
A.
This
Code contains all ordinances of a general and permanent nature of
the City of Lake Saint Louis, Missouri, and includes ordinances dealing
with municipal administration, municipal elections, building and property
regulation, business and occupations, health and sanitation, public
order and similar subjects.
1.
Ordinances
hereafter adopted which are not of a general or permanent nature shall
be numbered consecutively, authenticated, published and recorded in
the Book of Ordinances but shall not be prepared for insertion in
this Code nor be deemed a part hereof.
2.
Ordinances
which are of a general or permanent nature shall be prepared for insertion
in this Code and be deemed a part hereof.
[CC 1988 §10.020]
This Code may be known and cited as the "City of Lake Saint
Louis, Missouri, Municipal Code".
[CC 1988 §10.030]
The official copy of this Code, bearing the signature of the
Mayor and attestation of the City Clerk as to its adoption, shall
be kept on file in the office of the City Clerk. A copy of this Code
shall be kept in the City Clerk's office available for public inspection.
[CC 1988 §§11.010 — 11.020]
A.
BOARD OF ALDERMEN
CITY
COUNTY
DAY
KEEPER, PROPRIETOR
MAY
MAYOR
MONTH
OATH
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
PUBLIC WAY
REAL PROPERTY
SHALL
SIDEWALK
SIGNATURE
STATE
STREET
TENANT, OCCUPANT
WRITING, WRITTEN, IN WRITING AND WRITING WORD FOR WORD
YEAR
In the
construction of this Code and of all other ordinances of the City,
the following definitions shall be observed, unless it shall be otherwise
expressly provided in any Section or ordinance, or unless inconsistent
with the manifest intent of the Board of Aldermen, or unless the context
clearly requires otherwise:
The Board of Aldermen of Lake Saint Louis, Missouri.
The words "the City" or "this City" or "City" shall mean the City of Lake Saint Louis,
Missouri.
The words "the county" or "this
county" or "county" shall mean the County
of St. Charles, Missouri.
A day of twenty-four (24) hours, beginning at 12:00 Midnight.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or by a representative,
servant or agent.
The word "may" is permissive.
The Mayor of Lake Saint Louis, Missouri.
A calendar month.
Includes an affirmation in all cases in which 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".
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.
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 money, goods, chattels, things in action and evidences
of debt.
When used by way of reference to any Section of this Code,
shall 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 real and personal property.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare or right-of-way thereof.
The terms "real property", "premises", "real estate" or "lands" shall
be deemed to be co-extensive with lands, tenements and hereditaments.
Is mandatory.
That portion of the street between the curb line and the
adjacent property line which is 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", or "this
State" or "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 all of them.
The words "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.
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".
B.
Newspaper. Whenever in this Code or other ordinance of the
City it is required that notice be published in the "official newspaper"
or a "newspaper of general circulation published in the City", and
if there is no such newspaper published within the City, the said
notice shall be published in a newspaper of general circulation within
the City, regardless of its place of publication.
[CC 1988 §12.010]
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 Board of Aldermen may be fully carried out. Technical
words and phrases having a peculiar and appropriate meaning in law
shall be understood according to the technical import.
[CC 1988 §12.020]
The headings of the Chapters and Sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
[CC 1988 §12.030]
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 adoption of this Code, shall be considered as a continuation thereof
and not as new enactments.
[CC 1988 §12.040]
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 subsequent ordinance repealing or modifying
the prior ordinance 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.
[CC 1988 §12.050]
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it be expressly
so provided and such former ordinance, clause or provision is set
forth at length.
[CC 1988 §12.060]
It is hereby declared to be the intention of the Board of Aldermen
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section or Chapter 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, Sections and Chapters of this Code since the same would
have been enacted by the Board of Aldermen without the incorporation
in this Code of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or Section.
[CC 1988 §12.070]
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code but shall
extend to and include the time of the happening of any act, event,
or requirement for which provision is made herein either as a power,
immunity, requirement or prohibition.
[CC 1988 §12.080]
A.
Whenever
notice may be required under the provisions of this Code or other
City ordinance, the same shall be served in the following manner:
1.
By delivering
the notice to the owner personally or by leaving the same at his/her
residence, office or place of business with some person over the age
of fifteen (15) years, or
2.
By mailing
said notice to such owner at his/her last known address, or
3.
If the
owner is unknown, or may not be notified under the requirements of
this Section, then by posting said notice in some conspicuous place
on the premises at least five (5) days before the act or action concerning
which the notice is given is to take place. No person shall interfere
with, obstruct, mutilate, conceal or tear down any official notice
or placard posted by any City Officer, unless permission is given
by said officer.
[CC 1988 §12.090]
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
[CC 1988 §12.100]
In computing any period of time prescribed or allowed by this
Code or by any notice or order issued pursuant thereto, the day of
the act, event or default after which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included unless it is a Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Sunday nor a legal holiday. When the period of time prescribed
or allowed is less than seven (7) days, intermediate Sundays and legal
holidays shall be excluded in the computation. A half holiday shall
be considered as other days and not as a legal holiday.
[CC 1988 §12.110]
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.
[CC 1988 §12.120]
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
[CC 1988 §12.130]
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;
and when words importing the plural number are used, the singular
shall be deemed to be included.