City of Pacific, MO General Provisions

This Code shall be known and may be cited as the "Code of Ordinances of the City of Pacific, Missouri", or simply as the "Code of Ordinances" or the "Code".

Section 100.020 Code Adopted.

The code of ordinances, consisting of Titles I through VII, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Pacific"; which shall supersede all other general and permanent ordinances of the City passed on or before April 20, 1993, to the extent provided in Section 100.030 hereof.

Section 100.030 Ordinances Saved From Repeal — Generally.

All ordinances of a general and permanent nature of the City adopted on final passage on or before April 20, 1993, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of the adopting ordinance of this Code, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

Ordinances promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or authorizing any contract or obligation assumed by the City;

Ordinances levying taxes or making special assessments;

Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses;

Ordinances granting franchises or rights to any person, firm or corporation;

Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places;

Ordinances authorizing or relating to particular public improvements;

Ordinances respecting the conveyances or acceptance of real property or easements in real property;

Ordinances dedicating, accepting, or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same;

Ordinances annexing property to the City;

10.

Zoning ordinances not previously repealed and not contained in this code.

	The repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
	The repeal provided for in this Section shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of the adopting ordinance for this Code, nor shall it affect any prosecution, suit or proceeding pending or any judgement rendered prior to such date.

Section 100.040 Definitions and Rules of Construction.

In the construction of this Code and of all ordinances, the following definitions and rules of construction 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.

ALDERMEN

Any person elected to that office, and shall include those persons who hold other offices and who are ex officio.

BOARD OF ALDERMEN, BOARD

Whenever the term, "Board of Aldermen", or "Board" is used, unless the context requires otherwise, it shall be construed to refer to the Board of Aldermen of the City of Pacific.

CITY

The City of Pacific in the State of Missouri.

CODE OF ORDINANCES, CODE

The term "Code of Ordinances" or "Code" shall mean the Code of Ordinances of Pacific, Missouri.

CODIFICATION

The term, "Codification" or "this Codification" shall refer to the Code of Ordinances of Pacific, Missouri.

COMPUTATION OF TIME

The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is a Sunday, that shall be excluded.

COUNTY

St. Louis and Franklin County in the State of Missouri.

DELEGATION OF AUTHORITY

Whenever a provision appears in this Code requiring the head of a department of the City to do some act or make certain inspections, it may be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspections unless the terms of the provision or Section designate otherwise.

GENDER

When any subject matter, party or person is described or referred to by words importing the masculine gender, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.

JOINT AUTHORITY

Words importing joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers unless otherwise declared in the law giving the authority.

KEEPER, PROPRIETOR

The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

MAYOR

The Mayor of the City of Pacific.

MONTH

A calendar month.

NONTECHNICAL AND TECHNICAL WORDS

Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

NUMBER

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.

OATH

The word "oath" shall be construed to include an affirmation in all cases in which, in 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, AND

"Or" may be read "and," and "and" may be read "or" if the sense requires it.

OWNER

When applied to a building or land, shall include any part-owner, joint owner, tenant in comment, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

PERSON

Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Code prescribing a penalty or fine, as to partnerships or associations the word shall include the partners or members thereof, and as to corporations the word 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

The words "preceding" and "following" shall mean next before and next after, respectively.

PREMISES

Shall mean place or places.

PROPERTY

Includes real and personal property.

PUBLIC PLACE

Any park, cemetery, school yard, public building, or open space adjacent thereto.

PUBLIC WAY

Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

REAL PROPERTY

The term "real property," "premises," "real estate" or "lands" shall be deemed to be co-extensive with lands, tenements and hereditaments.

RESIDENCE

The place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one (1) place and sleeps at another, the place where such person sleeps shall be deemed his residence.

SEAL

The City or Corporate Seal.

SIDEWALK

The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.

SIGNATURE

Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.

STATE

The State of Missouri.

STREET

Shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include every other of them.

TENANT, OCCUPANT

When 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.

TENSE

Words used in the past or present tense include the future as well as the past and present.

TITLE OF OFFICER

Whenever the title of an officer is given, it shall be construed as though the words, "of the City of Pacific" were added.

WEEK

Seven (7) days.

WRITING, WRITTEN

Includes printing, lithographing or any other mode of representing words and letters.

YEAR

A calendar year, unless otherwise expressed, and is equivalent to the words, "year of our Lord."

All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully accomplished.

Section 100.050 Administrative Copies to Be Kept by City Clerk.

[CC 1976 §1-5]

The City Clerk shall keep two (2) copies of this Code. Such copies shall be so preserved by the City Clerk that any and all amendments to, or general ordinances affecting, such codification, shall be shown by appropriate notes. The purpose of this provision is to insure the maintenance in the office of the City Clerk of two (2) master copies of the Codification in which any and all changes which have taken place since the publication thereof shall be shown.

In determining whether or not any ordinance hereafter passed, or any part thereof, shall be noted in the copies of the Codification so preserved by the City Clerk, and in determining the form of any such note and its location if any doubt arises, the City Clerk shall be guided by the advice of the City Attorney or his assistants.

Section 100.060 Reprints, Digests, Etc.

[CC 1976 §1-6]

No officer or employee of the City shall issue, mail or distribute as a publication of the City to any officer, department or branch of the City Government any book, pamphlet, leaflet, card, circular or other printed matter purporting to contain excerpts or quotations from this codification or purporting to give the law on any subject to the public, either as a reprint of any ordinance or other legislative enactment, or as a digest, interpretation, resume, condensation or explanation of the same without first submitting such book, pamphlet, leaflet, card, circular or other printed matter or portion of the same which purports to give the law, to the City Clerk for examination and approval as to form and as to whether or not the law is correctly stated therein.

Section 100.070 Code of Ordinances as Evidence.

[CC 1976 §1-7]

Any printed copy of the Code containing a printed certificate of the Mayor and the City Clerk as to the correctness of such codification shall be received in evidence in any court for the purpose of proving the ordinances therein contained, and for the same purpose as the original ordinances, minutes or journals would be received.

Section 100.080 Amendments to Code — Effect.

[CC 1976 §1-8]

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to the "Code of the City of Pacific, Missouri" shall be understood and intended to include such additions and amendments.

Section 100.090 Amendments to Code — Manner.

[CC 1976 §1-9]

All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein; 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, such be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the Board of Aldermen.

Section 100.100 Amendments to Code — Language.

[CC 1976 §1-10]

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 the City of Pacific, Missouri, is hereby amended to read as follows: ____________ set out new provisions in full ____________"

Section 100.110 Amendments to Code — New Material.

[CC 1976 §1-11]

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 the City of Pacific, 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 _________________."

In lieu of Subsection (A) hereof, when the Board of Aldermen desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the Board desires to incorporate into the Code, a provision in substantially the following language may be made part of such ordinance:

"It is the intention of the Board of Aldermen, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of the City of Pacific, Missouri, and the Sections of this ordinance may be renumbered to accomplish such intention."

Section 100.120 Amendments to Code — Repeal.

[CC 1976 §1-12]

All Sections, Articles, Chapters, ordinances or other provisions of this Code desired to be repealed should be specifically repealed by Section number, Article number, Chapter, ordinance or other number, as the case may be.

Section 100.130 Amendments to Code — Subject to General Penalty.

[CC 1976 §1-13]

In case of the amendment by the Board of Aldermen of any Section of this Code for which a penalty is not provided, the General Penalty as provided in Section 100.170 of this Code shall apply to the Section as amended, or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.

Section 100.140 Supplementation of Code.

[CC 1976 §1-14]

By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Board of Aldermen. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the Board of Aldermen or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:

Organize the ordinance material into appropriate subdivisions;

Provide appropriate catchlines, headings and titles for Sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

Assign appropriate numbers to Sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing Section or other subdivision numbers;

Change the words, "this ordinance" or words of the same meaning to "this Chapter", "this Article", "this Division," etc., as the case may be, or to "Sections ________ to ________" (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and

Make other non-substantive changes necessary to preserve the original meaning of ordinance Sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

Section 100.150 Catchlines of Sections.

[CC 1976 §1-15]

The catchlines of the several Sections of this Codification printed in boldface type are intended as mere catchwords to indicate the contents of the Sections and shall not be deemed or taken to be titles of such Sections, nor as any part of the Sections, nor, unless expressly so provided, shall they be so deemed when any of such Sections, including the catchlines, are amended or re-enacted.

Section 100.160 Altering Code.

[CC 1976 §1-16]

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 this Code in any manner whatsoever which will cause the law of the City of Pacific, Missouri, to be misrepresented thereby.

Section 100.170 General Penalty — Continuing Violations.

[Rev. Ords. 1910 §199; CC 1976 §1-17; Ord. No. 2938 §2, 9-15-2015; Ord. No. 3183, 4-21-2020]

Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, when no specific penalty is provided therefor, the violation of any such provision of this Code or ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment; provided, however, in any case wherein the penalty for an offense is fixed by any State law or Statute, the same penalty so fixed by State law or Statute shall be imposed for the punishment of such offense and no other, except that imprisonments, when made under this Section, may be in the City Jail instead of the County Jail.

Each day any violation of any provision of this Code or of any such ordinance shall continue shall constitute a separate offense.

In addition to the penalty provided for in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

Minor Traffic Violations. The punishment of a "minor traffic violation," as defined by Section 300.020 of the Pacific Municipal Code, shall be subject to the following:

The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be two hundred twenty-five dollars ($225.00).

Minor traffic violations shall not be punishable by imprisonment, unless the violation:

Involved alcohol or controlled substances;

Endangered the health or welfare of others; or

Involved eluding or giving false information to a Law Enforcement Officer.

A person convicted of a minor traffic violation shall not be placed in confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation.

Court costs shall be assessed against such person unless the court finds that the defendant is indigent.

Section 100.180 Disposition of Fines and Costs.

[CC 1976 §1-18]

All fines and costs collected and due the City for the violation of any provision of this Code shall be turned in to the City Treasury to the credit of the General Fund.

Section 100.190 Interpretation of Code.

[CC 1976 §1-19]

In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes restrictions upon the subject matter differing from a general provision imposed by the Code, the provision imposing the greater restriction shall be deemed to be controlling.

Section 100.200 Effective Date of Ordinances.

[CC 1976 §1-20]

All ordinances enacted by the Board of Aldermen shall take effect upon their adoption and approval by the Mayor, unless an ordinance shall otherwise specify the time when it shall go into effect.

Section 100.210 Severability.

[RSMo. §1.140]

The provisions of this Code are severable. If any provision of this Code is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this Code are valid unless the court finds the valid provisions of this Code are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the legislature would have enacted the valid provisions without the void one; or unless the court finds that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.