[Code 1961 §1-1; CC 1976 §1-1]
The ordinances embraced in the following Chapters and Sections
shall constitute and be designated the "The Municipal Code
of the City of Overland," and may be so cited.
[Code 1961 §§1-7, 1-8, 1-15; CC 1976 §1-2]
In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the City Council.
Whenever the words "the City" or "this City" are used they shall be construed as if the words "of Overland, Missouri" followed them.
Whenever a notice is required to be given or an act to be
done, a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done, shall
not be counted in computing the time, but the day on which such proceeding
is to be had shall be counted.
Whenever the words "corporate limits", "corporation limits" or "City limits" are
used, they shall mean the legal boundary of the City of Overland,
Missouri.
The words "the County" or "this
County" shall mean the County of St. Louis in the State of
Missouri.
Whenever a provision appears requiring an officer or the
head of a department of the City to do some act or make certain inspections
it is to be construed to authorize the head of the department to designate,
delegate and authorize subordinates to perform the required act or
make the required inspection unless the terms of the provision or
Section designate otherwise.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
Reference to the Health Commissioner or Health Officer shall
mean the Health Commissioner or Health Officer of the City; provided
however, that the Mayor and City Council are hereby authorized to
contract with the County Health Department to perform the functions
of the Health Commissioner or Health Officer, in which event reference
to the Health Commissioner or the Health Officer shall mean the duly
authorized agents of the County Health Department.
In the interpretation and application of any provision of
this Code, it shall be held to be the minimum requirement adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of the Code imposes greater
restrictions upon the subject matter than the general provision imposed
by this Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
All words giving a 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 authority.
The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations,
clubs and partnerships, whether acting by themselves or a servant,
agent or employee.
Whenever the word "Mayor" is used, it shall
mean the Mayor of the City of Overland.
The word "month" shall mean a calendar month.
Whenever the name of an officer is given it shall be construed
as though the words "of the City of Overland" were
added.
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.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one (1) person
and thing.
The word "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" 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.
The word "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.
Includes any natural individual, firm, trust, partnership,
association, or corporation in his/her or its own capacity, or as
administrator, conservator, executor, trustee, receiver, or other
representative appointed by the court. Whenever the word "person" is used in any Section of this Code prescribing a fine or penalty
as applied to partnerships or associations, the word shall include
the partners or members thereof, and such word as applied to corporations
shall include the officers, agents or employees thereof who are responsible
for any violation of this Section.
The term "personal property" includes money,
goods, chattels, things in action and evidences of debt.
The words "preceding" and "following" mean next before, and next after, respectively.
Whenever the word "premises" is used, it
shall mean place or places.
The word "property" shall include real and
personal property.
The term "public place" shall mean any public
way, park, cemetery, schoolyard or open space adjacent thereto, and
all waterways.
The term "real property" or "premises" or "real estate" or "lands" is
coextensive with lands, tenements and hereditaments.
The term "residence" shall be construed
to mean the place adopted by a person as his/her place of habitation,
and to which, whenever he/she is absent, he/she has the intention
of returning. When a person eats at one place and sleeps at another,
the place where such person sleeps shall be deemed his/her residence.
Whenever the word "Seal" is used, it shall
mean the City or Corporate Seal.
The word "shall" as used in this Code is
mandatory.
The word "sidewalk" shall mean any portion
of a street between the curbline and the adjacent property line, intended
for the use of pedestrians, excluding parkways.
The "signature" or "subscription" of a person shall include a mark when the person cannot write.
The words "the State" shall be construed
to mean the State of Missouri.
The word "street" shall be construed to
embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts
and all other public highways in the City.
The words "tenant" and "occupant", applied to a building or land, shall include any person holding
a written or oral lease or who occupies the whole or a part of such
buildings or lands, either alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
The word "week" shall be construed to mean
seven (7) days.
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.
The word "year" shall mean a calendar year.
[Ord. No. 2016-18 §1, 9-26-2016]
No provision of this Code shall apply to any circumstance in
which such application shall be unlawful under superseding Federal
or State law and furthermore, if any Section, Subsection, sentence,
clause, phrase, or portion of this Code is now or in the future superseded
or preempted by State or Federal law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically
interpreted and applied as required by law.
[CC 1976 §1-3]
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, or 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.
A.
No
offense committed and no fine, penalty or forfeiture incurred, or
prosecution commenced or pending previous to or at the time when any
ordinance 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:
1.
That all such proceedings shall be conducted according to existing
procedural laws; and
2.
That if the penalty or punishment for any offense is reduced or lessened
by any alteration of the law creating the offense prior to original
sentencing, the penalty or punishment shall be assessed according
to the amendatory law.
The repeal of any ordinance does not affect any act done or
right accrued or established in any proceeding, suit or prosecution
had or commenced in any civil case previous to the time when the repeal
takes effect; but every such act, right and proceeding remains as
valid and effectual as if the provisions so repealed had remained
in force.
[Code 1961 §1-16; CC 1976 §1-5]
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 by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and Sections of this Code.
[CC 1976 §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 Overland to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.150 hereof.
[Code 1961 §1-12; CC 1976 §1-9]
In all cases where the same offense may be made punishable,
or shall be created by different clauses or Sections of the ordinances
of the City, the prosecuting officer may elect under which to proceed,
but not more than one (1) recovery shall be had against the same person
for the same offense.
[Ord. No. 2016-18 §1, 9-26-2016]
The City shall be entitled to enforce any provision of the Overland
City Code through all remedies lawfully available, and any person
determined judicially to have violated the terms of the Overland City
Code shall further be liable to pay the City's costs and attorneys'
fees in enforcing such Code provisions. Additionally, any user of
City services, rights-of-way or other City facilities or property,
shall, as a condition of such use or continued use, to the full extent
permissible by law, be liable to pay the City's costs and attorneys'
fees incurred in enforcing any lawful requirement applicable to such
use, whether arising in contract, statute, ordinance, or other enforceable
duty as to such use.
[Ord. No. 2016-18 §1, 9-26-2016]
Any person who fails to hold and maintain a current and valid
agreement with the City to use the City's land or facilities has no
right to holdover and shall be subject to the provisions and City
remedies of this Subsection in addition to all other remedies and
penalties as may otherwise exist in applicable law. Any claimed holdover
right shall be deemed void and terminated upon expiration of a valid
use agreement unless the City has affirmatively, in writing, authorized
the holdover, or as otherwise may be required by law. Where a lease
or other agreement for use of public land or facilities expires, and
in addition to any penalties or other requirements therein, the licensee
during any period without a valid agreement shall, during any period
of unauthorized use: (1) indemnify the City from any liability arising
from the use, (2) pay any damages and costs of the City from such
use, including attorney fees incurred in enforcing this ordinance,
and (3) make payment of compensation in the amount of two (2) times
the monthly rent of the last expired agreement, if a holdover, and
two (2) times the market rental value reasonably determined by the
City, if no prior agreement, until a valid agreement is executed with
the City or the attachments and/or use is fully removed, the property
restored and all obligations to the City satisfied. Unless otherwise
provided in an unexpired agreement, licensee shall also be responsible
for interest on all amounts owed and at a rate of one and one-half
percent (1 1/2%) per month. Nothing in these provisions, remedies
or compensation requirements, or acceptance or enforcement thereof
by the City, shall be deemed to accept or authorize any use of public
property without a required agreement, or after the expiration of
such agreement, or otherwise in violation of applicable requirements.
[Code 1961 §1-3; CC 1976 §1-10]
A.
The
City Clerk shall keep two (2) copies of this Code. These copies shall
be printed or otherwise mounted to withstand heavy usage and preserved
by the City Clerk in a book or binder in looseleaf form, or in such
other form as the City Council may consider most expedient, so that
all amendments thereto and all general ordinances hereafter passed
may be inserted in their appropriate places in such volumes, and all
Sections of this Code or ordinances repealed from time to time may
be extracted therefrom for the purpose of maintaining said two (2)
copies in such condition that they will show all general ordinances
passed up to date at any time in such manner that ready reference
may be had thereto.
B.
In
determining whether or not any ordinance hereafter passed, or any
part thereof, shall be inserted in such volume, and in determining
the form, Chapter, Article, or Section which shall be taken out, if
any doubt arises, the City Clerk shall be guided by the advise of
the City Attorney.
[Code 1961 §1-4; CC 1976 §1-11]
The City Clerk shall prepare and publish revised sheets made
necessary by reason of amendment or repeal, at a time determined by
the City Council. The City Clerk shall distribute said revised sheets
in such manner and to such extent as the City Council by resolution
may determine.
[Code 1961 §1-6; CC 1976 §1-12]
All printed copies of this Code, except such as shall be reserved
by the City Attorney for use by the legal department, shall be deposited
with the City Clerk. The City Clerk shall deliver one (1) copy to
the Mayor, one (1) copy to each Councilman and one (1) copy to each
department head and to such other persons as the City Council may
by resolution direct. The City Clerk shall sell copies of the printed
Code at such price as the City Council shall fix. The Mayor shall
have power to reciprocate courtesies of other cities by presenting
to each a copy of this Code.
