[Code 1974 §700.040; CC 1984 §1-1]
The ordinances embraced in this and the following Chapters and
Sections shall constitute and be designated "The Code of Ordinances,
City of Farmington, Missouri" and may be so cited. The ordinances
may also be cited as "Farmington City Code".
[Code 1974 §700.010; CC 1984 §1-2]
In the construction of this Code and of all ordinances of the
City, 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
City Council or unless the context clearly requires otherwise:
The words "the City" or "this City" shall mean the City of Farmington, Missouri.
The words "City Council" or "the
Council" shall mean the City Council of Farmington, Missouri.
The time within which an act is to be done shall be computed
by excluding the first (1st) day and including the last. If the last
day is Sunday, it shall be excluded.
The words "the County" or "this
County" shall mean the County of St. Francois, State of Missouri.
When any subject matter, party or person is described or
referred to by words importing the singular number or the masculine
gender, several matters and persons, and females as well as males,
and bodies corporate as well as individuals, are included.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
Includes persons, firms, associations, corporations, clubs
and co-partnerships, whether acting by themselves or through a servant,
agent or employee.
The word "may" is permissive.
The words "the Mayor" or "Mayor" shall mean the Mayor of the City of Farmington, Missouri.
The words "Mayor and Council" or "Mayor and City Council" shall mean the Mayor and City Council
of the City of Farmington, Missouri.
A calendar month.
The term "Municipal Court" shall be read
to mean the Circuit Court of St. Francois County, Missouri, Municipal
Division of the City of Farmington.
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.
Includes an affirmation in all cases in which, by 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".
The mention of any officer, department, board, commission
or other agency shall be construed as if followed by "of the City
of Farmington".
The word "owner", 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 the
building or land.
Includes a corporation, firm, partnership, association, organization,
bodies politic 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 shall
include the officers, agents or members thereof who are responsible
for any violation of any such Section.
Includes money, goods, chattels, things in action and evidences
of debt.
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 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.
The abbreviation "RSMo." shall mean the
latest edition of the Revised Statutes of Missouri, as amended.
The word "shall" is mandatory.
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of the person or his/her mark shall be intended.
The words "the State" or "this 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 word "tenant" or "occupant", applied to a building or land, shall include any person who occupies
the whole or a part of any 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.
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".
[CC 1984 §1-3]
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 City Council may be fully carried out.
[Code 1974 §700.030; CC 1984 §1-4]
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 the Sections, nor as any part of the Section, nor, unless expressly
so provided, shall they be so deemed when any of the Sections, including
the catchlines, are amended or re-enacted.
[CC 1984 §1-5]
All history notes and references throughout this Code are for
the benefit of the user of the Code and shall have no legal effect.
[CC 1984 §1-6]
The provisions appearing in this Code, so far as they are the
same in substance as those of ordinances existing at the time of the
adoption of this Code, shall be considered as continuations thereof
and not as new enactments.
[CC 1984 §1-8]
Whenever any ordinance or part of an ordinance shall be repealed
or modified, either expressly or by implication, by a subsequent ordinance,
the ordinance or part of an ordinance thus repealed or modified shall
continue in force until the ordinance repealing or modifying it shall
go into effect unless therein otherwise expressly provided; but no
suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under any ordinance previous to
its repeal shall in anywise be affected, released or discharged, but
may be prosecuted, enjoyed and recovered as fully as if the ordinance
or provisions had continued in force, unless it shall be therein otherwise
expressly provided.
[CC 1984 §1-9]
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, the repeal shall not be construed to revive
the former ordinance, clause or provision unless it be expressly so
provided and the former ordinance, clause or provision is set forth
at length.
[Code 1974 §710.010; CC 1984 §1-12]
The Sections, paragraphs, sentences, clauses and phrases of
this Code are severable and if any Section, paragraph, sentence, phrase
or clause of this Code is declared to be unconstitutional by the valid
decree of any court of competent jurisdiction, the unconstitutionality
shall have no effect upon any of the remaining Sections, paragraphs,
sentences, phrases or clauses of this Code.
