[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:
CITY
The words "the City" or "this City" shall be construed as if followed by the words "of Neosho, Missouri."
CODE
The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Neosho, 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.
COUNCIL
The City Council of the City of Neosho.
COUNTY
The words "the County" or "this County" shall mean the County of Newton.
DAY
The period of time between any Midnight and the Midnight following.
DAYTIME
The period of time between sunrise and sunset; NIGHTTIME: The period of time between sunset and sunrise.
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.
NUMBER
The singular number includes the plural, and the plural the singular.
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" or "sworn" shall be equivalent to the words "affirm" and "affirmed."
OFFICERS, DEPARTMENTS, ETC.
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.
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.
OR; AND
"Or" may be read "and" and may be read "and/or", if the sense requires it.
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
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.
PERSONAL PROPERTY
Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING, FOLLOWING
"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.
PROCESS
Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
PROPERTY
Shall include real and personal property.
REAL PROPERTY
Shall include lands, tenements and hereditaments.
SHALL
Is mandatory; MAY — Is permissible.
SIGNATURE OR SUBSCRIPTION BY MARK
"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" shall be construed to mean the State of Missouri.
TENANT OR OCCUPANT
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.
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.
WRITING
"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.
YEAR
A calendar year, except where otherwise provided.
[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.
[1]
Cross Reference — City Clerk's duties regarding indexing of ordinances, resolutions, etc., §110.420.
[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.