[CC 1976 §1-1]
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".
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.
A.Â
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hereby repealed from and after the effective date of the adopting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in full force and effect, unless specifically repealed by separate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:
1.Â
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;
2.Â
Ordinances levying taxes or making special assessments;
3.Â
Ordinances appropriating funds or establishing salaries and compensation,
and providing for expenses;
4.Â
Ordinances granting franchises or rights to any person, firm or corporation;
5.Â
Ordinances relating to the dedication, opening, closing, naming,
establishment of grades, improvement, altering, paving, widening or
vacating of streets, alleys, sidewalks or public places;
6.Â
Ordinances authorizing or relating to particular public improvements;
7.Â
Ordinances respecting the conveyances or acceptance of real property
or easements in real property;
8.Â
Ordinances dedicating, accepting, or vacating any plat or subdivision
in the City or any part thereof, or providing regulations for the
same;
9.Â
Ordinances annexing property to the City;
10.Â
Zoning ordinances not previously repealed and not contained in this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to revive any ordinance or part thereof that has been repealed by
a subsequent ordinance which is repealed by this ordinance.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.
|
A.Â
ALDERMEN
BOARD OF ALDERMEN, BOARD
CITY
CODE OF ORDINANCES, CODE
CODIFICATION
COMPUTATION OF TIME
COUNTY
DELEGATION OF AUTHORITY
GENDER
JOINT AUTHORITY
KEEPER, PROPRIETOR
MAYOR
MONTH
NONTECHNICAL AND TECHNICAL WORDS
NUMBER
OATH
OR, AND
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PREMISES
PROPERTY
PUBLIC PLACE
PUBLIC WAY
REAL PROPERTY
RESIDENCE
SEAL
SIDEWALK
SIGNATURE
STATE
STREET
TENANT, OCCUPANT
TENSE
TITLE OF OFFICER
WEEK
WRITING, WRITTEN
YEAR
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.
Any person elected to that office, and shall include those
persons who hold other offices and who are ex officio.
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.
The City of Pacific in the State of Missouri.
The term "Code of Ordinances" or "Code" shall mean the Code of Ordinances of Pacific, Missouri.
The term, "Codification" or "this Codification" shall refer to the Code of Ordinances of Pacific,
Missouri.
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.
St. Louis and Franklin County in the State of Missouri.
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.
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.
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.
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.
The Mayor of the City of Pacific.
A calendar month.
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.
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.
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" may be read "and," and "and" may be read "or" if
the sense requires it.
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.
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.
Includes money, goods, chattels, things in action and evidences
of debt.
The words "preceding" and "following" shall mean next before and next after, respectively.
Shall mean place or places.
Includes real and personal property.
Any park, cemetery, school yard, public building, or open
space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The term "real property," "premises," "real estate"
or "lands" shall be deemed to be co-extensive with lands,
tenements and hereditaments.
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.
The City or Corporate Seal.
The portion of the street between the curb line and the adjacent
property line intended for the use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his mark shall be intended.
The State of Missouri.
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.
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.
Words used in the past or present tense include the future
as well as the past and present.
Whenever the title of an officer is given, it shall be construed
as though the words, "of the City of Pacific" were
added.
Seven (7) days.
Includes printing, lithographing or any other mode of representing
words and letters.
A calendar year, unless otherwise expressed, and is equivalent
to the words, "year of our Lord."
B.Â
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.
[CC 1976 §1-5]
A.Â
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.
B.Â
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.
[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.
[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.
[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.
[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.
[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 ____________"
[CC 1976 §1-11]
A.Â
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 _________________."
B.Â
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."
[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.
[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.
[CC 1976 §1-14]
A.Â
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.
B.Â
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.
C.Â
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:
1.Â
Organize the ordinance material into appropriate subdivisions;
2.Â
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;
3.Â
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;
4.Â
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
5.Â
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.
[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.
[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.
[Rev. Ords. 1910 §199; CC 1976 §1-17; Ord. No. 2938 §2, 9-15-2015; Ord. No. 3183, 4-21-2020]
A.Â
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.
B.Â
Each
day any violation of any provision of this Code or of any such ordinance
shall continue shall constitute a separate offense.
C.Â
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.
D.Â
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:
1.Â
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).
3.Â
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.
4.Â
Court costs shall be assessed against such person unless the
court finds that the defendant is indigent.
[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.
[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.
[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.
[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.