[CC 1996 §103.010; CC 1981 §700.010]
The ordinances embraced in the Chapters and Sections of this Code shall constitute and be designated as the "Municipal Code, City of Breckenridge Hills, Missouri" and may be so cited.
[CC 1996 §103.020; CC 1981 §700.020]
In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council.
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.
Whenever the words "the City" or "this City" are used, they shall be construed as if the words "of Breckenridge Hills, Missouri" followed them.
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.
Whenever the words "corporate limits", "corporation limits" or "City limits" are used, they shall mean the legal boundary of the City of Breckenridge Hills, Missouri.
The words "the County" or "this County" shall mean the County of St. Louis in the State of Missouri.
When a Statute requires an act to be done, which by law an agent or deputy as well may do as the principal, the requisition is satisfied by the performance of the act by an authorized agent or deputy.
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.
Reference to the Health Commissioner or Health Officer shall mean the Health Commissioner or Health Officer of the City, provided however, that the Mayor and City Council are hereby authorized to contract with the County Health Department to perform the functions of the Health Commissioner or Health Officer, in which event reference to the Health Commissioner or the Health Officer shall mean the duly authorized agents of the County Health Department.
In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
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.
A calendar month.
Whenever the name of an officer is given, it shall be construed as though the words "of the City of Breckenridge Hills" were added.
Words and phrases shall be taken in their plain or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
When any subject matter, party or person is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, are included.
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" and "affirmed".
"Or" may be read "and" and "and" may be read "or" if the sense requires it.
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.
May extend and be applied to bodies politic and corporate and to partnerships and other unincorporated associations.
Includes money, goods, chattels, things in action and evidences of debt.
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.
Includes real and personal property.
Any public way, park, cemetery, school yard or open space adjacent thereto and all waterways.
Is coextensive with lands, tenements and hereditaments.
The place where the family of any person permanently resides in this State and the place where any person having no family generally lodges.
Whenever the word "seal" is used, it shall mean the City or corporate seal.
As used in this Code is mandatory.
Any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians, excluding parkways.
The "signature" or "subscription" of a person shall include a mark when the person cannot write.
The words "the State" shall be construed to mean the State of Missouri.
Shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
Words used in the past or present tense include the future as well as the past and present.
Seven (7) days.
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 is equivalent to the words "year of our Lord".
[CC 1996 §103.030; CC 1981 §700.030]
The underlined catchlines of the several Sections of this Code 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 or 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.
[CC 1996 §103.040; CC 1981 §700.040]
The provisions of any law or ordinance which is re-enacted, amended or revised so far as they are the same as those of prior laws and ordinances shall be construed as a continuation of such laws and ordinances and not as new enactments.
A.
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.
B.
No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any statutory 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.
[CC 1996 §103.060; CC 1981 §705.020]
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 by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Code.