[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.