[R.O. 1996 § 100.010; Code 1985, § 10.020; CC 1990 § 1-1]
This Code shall be known and may be cited as the "Code of Ordinances, City of Grain Valley, Missouri," or simply as "the Code of Ordinances" or "the Code."
[R.O. 1996 § 100.020; Code 1985, §§ 11.010, 11.020, 12.010, 12.070 — 12.120; CC 1990 § 1-3]
A. 
In the construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Aldermen or the context clearly requires otherwise:
BOARD OF ALDERMEN
The Board of Aldermen of the City of Grain Valley, Missouri.
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 a record of the signature of the recipient.
CITY
The words "the City" or "this City" shall be construed as if followed by the words "of Grain Valley, Missouri."
CODE
The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Grain Valley, Missouri."
COMPUTATION OF TIME
The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded.
COUNTY
The words "the County" or "this County" shall mean the County of Jackson.
DAY
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.
DELEGATION OF AUTHORITY
Whenever a provision of this Code requires or authorizes an officer or employee of the City to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision shall designate otherwise.
GENDER
Words importing the masculine gender include the feminine and neuter.
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 the persons, unless otherwise declared in the law giving the authority.
MONTH
A calendar month.
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 notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication.
NOTICE
1. 
Whenever any of the Statutes of this State require or imply that a notice shall be given to any person concerning or affecting any right, property, claim, duty, matter or thing of any character or nature, unless the Statutes expressly direct a different method of service, the delivery of a true copy of the notice to the person intended to be notified, or the leaving of a copy at his/her usual place of abode with some member of his/her family over the age of fifteen (15) years, constitutes a valid and sufficient service of the notice.
2. 
The provisions of this rule shall not apply to those Chapters of this Code wherein there is a separate definition of notice.
NUMBER
The singular number includes the plural, and the plural includes the singular.
OATH
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 word "swear" or, "sworn" shall be equivalent to the words "affirm" and "affirmed."
OFFICERS, DEPARTMENTS, ETC.
Officers, departments, boards, commissions, committees and employees referred to in this Code shall mean officers, departments, boards, commissions, committees and employees of the City, unless the context clearly indicates otherwise.
OFFICIAL TIME
Whenever certain hours are named in this Code, they shall mean Central Standard Time or Daylight Saving Time, as may be in current use in the City.
OWNER
Applied to a building or land, shall include any part-owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
PERSON
Includes any person, firm, association, organization, partnership, business trust, corporation or company and any other group acting as a unit. 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 fine or penalty, 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.
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 the Statutes, 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.
PROCESS
Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
PROPERTY
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; "may" is permissive.
SIGNATURE or SUBSCRIPTION BY MARK
Where the written signature of any person is required, the proper handwriting of such person or his/her mark shall be intended. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his/her own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
STATE
The words "the State" or "this State" or "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 all of them.
TENANT or OCCUPANT
Applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
TENSES
The present tense includes the past and future tenses, and the future includes the present.
WEEK
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.
YEAR
Shall mean a calendar year.
B. 
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.
C. 
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.
[R.O. 1996 § 100.030; Code 1985, § 12.030; CC 1990 § 1-4]
The provisions appearing in this Code, so far as they are 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. 1996 § 100.040; Code 1985, §§ 12.040, 12.050; CC 1990 § 1-5]
A. 
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.
B. 
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
C. 
When a law repealing a former law, clause or provision is itself repealed, it does not revive the former law, clause or provision, unless it is otherwise expressly provided; nor shall any law repealing any former law, clause or provision abate, annul or in any wise affect any proceedings had or commenced under or by virtue of the law so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing law had not passed, unless it is otherwise expressly provided.
[R.O. 1996 § 100.050; Code 1985, § 12.060; CC 1990 § 1-6]
It is hereby declared to be the intention of the Board of Aldermen 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 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 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.
[R.O. 1996 § 100.060; CC 1990 § 1-7]
The catch lines 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 Sections, nor as any part of the Section, nor, unless expressly so provided, shall they be so deemed when any of such Sections, including the catch lines, are amended or re-enacted.
[R.O. 1996 § 100.070; Code 1985, § 10.010; CC 1990 § 1-8]
A. 
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Board of Aldermen. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the Board of Aldermen 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.
B. 
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.
C. 
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.
1. 
For example, the codifier may:
a. 
Organize the ordinance material into appropriate subdivisions;
b. 
Provide appropriate catch lines, headings and titles for Sections and other subdivisions of the Code printed in the supplement, and make changes in such catch lines, headings and titles;
c. 
Assign appropriate numbers to Sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing Section or other subdivision numbers;
d. 
Change the words "this ordinance" or words of the same meaning to "this Chapter," "this Article," "this Division," etc., as the case may be, or to "Sections to" (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and
e. 
Make other non-substantive changes necessary to preserve the original meaning of ordinance Sections inserted into the Code;
2. 
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;
D. 
Ordinances which are of a general or permanent nature shall be prepared for insertion in this Code and be deemed a part hereof.
[R.O. 1996 § 100.080; Code 1985, § 10.030; CC 1990 § 1-9]
The official copies 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. Three (3) copies of this Code shall be kept in the City Clerk's office available for public inspection.
[R.O. 1996 § 100.090; Code 1985, § 10.040; CC 1990 § 1-10]
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 to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.110 of this Code.