[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.
