This Code contains all ordinances of a general and permanent
nature of the City of Ozark, Missouri, and includes ordinances dealing
with municipal administration, municipal elections, building and property
regulation, business and occupations, health and sanitation, public
order and similar objects.
This Code may be known and cited as the "Municipal Code of the
City of Ozark, Missouri".
The Official Copy 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. Two (2) additional
copies of this Code shall be kept in the City Clerk's office available
for public inspection.
A.
It shall be unlawful for any person 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 Official Copy of the 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 100.220 of this Code.
B.
This
provision shall not apply to amendments, additions or deletions to
this Code, duly passed by the Board of Aldermen, which may be prepared
by the City Clerk for insertion in this Code.
Each Section number of this Code shall consist of two (2) parts
separated by a period; the figure before the period referring to the
Chapter number, and the figure after the period referring to the position
of the Section in the Chapter. Both figures shall consist of three
(3) digits.
A.
BOARD OF ALDERMEN
CITY
COUNTY
DAY
MAY
MAYOR
MONTH
OATH
OFFENSE
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
PUBLIC WAY
REAL PROPERTY
SHALL
SIDEWALK
STATE
STREET
TENANT, OCCUPANT
WRITING, WRITTEN, IN WRITING AND WRITING WORD FOR WORD
YEAR
In
the construction of this Code and of all other ordinances of the City,
the following definitions shall be observed, unless it shall be otherwise
expressly provided in any Section or ordinance, or unless inconsistent
with the manifest intent of the Board of Aldermen, or unless the context
clearly requires otherwise:
The Board of Aldermen of the City of Ozark, Missouri.
The words "the City" or "this City" or "City" shall mean the City of Ozark, Missouri.
The words "the County" or "this
County" or "County" shall mean the County
of Christian, Missouri.
A day of twenty-four (24) hours beginning at 12:00 Midnight.
Is permissive.
An officer of the City known as the Mayor of the Board of
Aldermen of the City of Ozark, Missouri.
A calendar month.
Includes an affirmation in all cases in which 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".
Shall mean and be the same as ordinance violation and is punishable as provided in Section 100.220 of this Code.
The word "owner", as applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety of the whole or 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 this Code,
shall 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.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property", "premises",
"real estate" or "lands" shall be deemed
to be co-extensive with lands, tenements and hereditaments.
Is mandatory.
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians.
The words "the State" or "this State" or "State" shall mean the State of Missouri.
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare, and each of such words
shall include all of them.
The words "tenant" or "occupant", applied to a building or land, shall include any person who occupies
the whole or a part of such building or land, whether alone or with
others.
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 the word "year" shall be equivalent to the words "year of
our Lord".
B.
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 newspaper published within the City, the said notice
shall be published in a newspaper of general circulation within the
City, regardless of its place of publication. Such newspaper shall
not include an advertising circular or other medium for which no subscription
list is maintained.
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.
The headings of the Chapters and Sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the adoption of this Code, shall be considered as a continuation thereof
and not as new enactments.
No offense committed and no fine, penalty or forfeiture incurred,
or prosecution commenced or pending previous to or at the time when
any ordinance 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.
When an ordinance repealing a former ordinance, clause or provision
is itself repealed, it does not revive the former ordinance, clause
or provision, unless it is otherwise expressly provided; nor shall
any ordinance repealing any former ordinance, clause or provision
abate, annul or in anywise affect any proceedings had or commenced
under or by virtue of the ordinance so repealed, but the same is as
effectual and shall be proceeded on to final judgment and termination
as if the repealing ordinance had not passed, unless it is otherwise
expressly provided.
It is hereby declared to be the intention of the Board of Aldermen
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section or Chapter of this Code shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, Sections and Chapters 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.
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code but shall
extend to and include the time of the happening of any act, event
or requirement for which provision is made herein, either as a power,
immunity, requirement or prohibition.
A.
Whenever
notice may be required under the provisions of this Code or other
City ordinance, the same shall be served in the following manner:
1.
By delivering the notice to the person to be served personally or
by leaving the same at his/her residence, office or place of business
with some person of his/her family over the age of fifteen (15) years;
2.
By mailing said notice by certified or registered mail to such person
to be served at his/her last known address; or
3.
If the person to be served is unknown or may not be notified under
the requirements of this Section, then by posting said notice in some
conspicuous place at least five (5) days before the act or action
concerning which the notice is given is to take place. No person shall
interfere with, obstruct, mutilate, conceal or tear down any official
notice or placard posted by any City Officer, unless permission is
given by said officer.
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
In computing any period of time prescribed or allowed by this
Code or by a notice or order issued pursuant thereto, the day of the
act, event or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed
is to be included unless it is a Saturday, Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Saturday, Sunday nor a legal holiday. When the period
of time prescribed or allowed is less than seven (7) days, intermediate
Saturdays, Sundays and legal holidays shall be excluded in the computation.
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.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons unless
otherwise declared in the law giving the authority.
When any subject matter, party or person is described or referred
to by words importing the singular number, the plural and separate
matters and persons and bodies corporate shall be deemed to be included;
and when words importing the plural number are used, the singular
shall be included.
