[Code 1962 §1-1; CC 1979 §1-1]
The ordinances embraced in the following Chapters and Sections
shall constitute and be designated the "Code of Ordinances, City of
Neosho, Missouri," and may be so cited. Such Code may also be cited
as the "Neosho City Code."
[Code 1962 §1-2; CC 1979 §1-2]
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 City Council
or the context clearly requires otherwise:
The words "the City" or "this City" shall be construed as if followed by the words "of Neosho, Missouri."
The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Neosho, Missouri."
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.
The City Council of the City of Neosho.
The words "the County" or "this
County" shall mean the County of Newton.
The period of time between any Midnight and the Midnight
following.
The period of time between sunrise and sunset; NIGHTTIME: The period of time between sunset and sunrise.
Words importing the masculine gender include the feminine
and neuter.
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.
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.
The singular number includes the plural, and the plural the
singular.
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" or "sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, Departments, Boards, Commissions and employees
referred to in this Code shall mean Officers, Departments, Boards,
Commissions and employees of the City of Neosho, unless the context
clearly indicates otherwise.
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.
"Or" may be read "and" and
may be read "and/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. 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.
Includes money, goods, chattels, things in action and evidences
of debt.
"Preceding" and "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.
Includes a writ or summons issued in the course of judicial
proceedings of either a civil or criminal nature.
Shall include real and personal property.
Shall include lands, tenements and hereditaments.
Is mandatory; MAY — Is permissible.
"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.
The words "the State" or "this State" shall be construed to mean the State of Missouri.
The word "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.
The present tense includes the past and future tenses, and
the future includes the present.
A week consists of seven (7) consecutive days.
"Written" and "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.
A calendar year, except where otherwise provided.
[Code 1962 §1-3; CC 1979 §1-3]
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.
[Code 1962 §1-4, CC 1979 §1-4]
A.
The
repeal of an ordinance shall not revive any ordinances in force before
or at the time the ordinance repealed took effect.
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.
Whenever
any ordinance or part of an ordinance shall be revised, repealed or
modified by a subsequent ordinance, the ordinance or part of ordinance
thus revised, repealed or modified shall continue in force until the
due publication of the ordinance repealing or modifying the same,
where publication is required by law.
[Code 1962 §1-5; CC 1979 § 1-5]
It is hereby declared to be the intention of the City Council
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.
[Code 1962 §1-6; CC 1979 § 1-6]
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
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 catchlines, are amended or re-enacted.
[CC 1979 §1-7]
A.
All
ordinances passed subsequent to this Code of Ordinances which amend,
repeal or in any way affect this Code of Ordinances, may be numbered
in accordance with the numbering system of this Code and printed for
inclusion therein, or in the case of repealed Chapters, Sections and
Subsections or any part thereof, by subsequent ordinances, such repealed
portions may be excluded from the Code by omission from reprinted
pages affected thereby, and the subsequent ordinances as numbered
and printed or omitted, in the case of repeal, shall be prima facie
evidence of such subsequent ordinances until such time that this Code
of Ordinances and subsequent ordinances numbered or omitted are readopted
as a new Code of Ordinances by the City Council.
B.
Amendments
to any of the provisions of this Code should be made by amending such
provisions by specific reference to the Section of this Code in substantially
the following language: "That Section _______ of the Code of Ordinances
of the City of Neosho, Missouri, is hereby amended to read as follows:
. . . . (Set out new provisions in full) .
C.
In
the event a new Section not heretofore existing in the Code is to
be added, the following language may be used: "That the Code of Ordinances
of the City of Neosho, Missouri, is hereby amended by adding a Section
(or Article, Chapter or other designation, as the case may be), to
be numbered __________, which reads as follows: . . . . (Set out new
provisions in full) . . . ."
D.
In
lieu of the foregoing Subsection when the Council desires to enact
an ordinance of a general and permanent nature embracing a subject
not previously existing in the Code, which the Council desires to
incorporate into the Code, a provision in substantially the following
language may be made a part of the ordinance: "It is the intention
of the City Council, and it is hereby ordained that the provisions
of this ordinance shall become and be made part of the Code of Ordinances
of the City of Neosho, Missouri, and the Sections of this ordinance
may be renumbered to accomplish such intention."
E.
All
Sections, Articles, Chapters or other provisions of this Code desired
to be repealed should be specially repealed by Section number, Article
number, Chapter or other number, as the case may be.
[CC 1979 §1-8]
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 of Neosho to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.130 hereof.
