The ordinances embraced in this and the following Chapters and
Sections shall constitute and be designated "The Code of the City
of Centralia, Missouri" and may be so cited. Such ordinances may also
be cited as "Centralia City Code."
[1]
State Law Reference — For similar provisions see RSMo.,
§ 71.940, et. seq.
In the construction of this Code and of all other 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 Board of Aldermen, or unless the context clearly requires otherwise:
The words "Board of Aldermen" or "the Board" shall mean the Board of Aldermen of Centralia.
The words "the City" or "this City" shall mean the City of Centralia, 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 Sunday or a legal holiday, that shall be excluded.[1]
Shall mean the County of Boone, State of Missouri.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males,
and associations and bodies corporate as well as individuals shall
be deemed to be included.[2]
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.[3]
Any traffic violation that does not involve an accident or
injury or the operation of a commercial motor vehicle may be prosecuted
as a minor traffic violation. Any traffic violation that the Missouri
Department of Revenue assesses no more than four (4) points to a person's
driving record upon conviction shall be a minor traffic violation
for purposes of this Centralia City Code. A minor traffic violation
shall not include exceeding the speed limit by more than nineteen
(19) miles per hour or a violation occurring within a construction
zone or school zone.
[Ord. No. 2830 § 1, 10-19-2015]
Shall mean a calendar month.[4]
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.[5]
Shall be construed to include any 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."[6]
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
such building or land.[7]
Shall include 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, shall
include the officers, agents or members thereof who are responsible
for any violation of such Section.[8]
The words "preceding" and "following" shall mean next before and next after, respectively.[9]
Shall include real and tangible and intangible personal property.[10]
Shall include 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 coextensive with lands, tenements and hereditaments.[11]
The word "shall" is mandatory, and the word "may" is permissive.
Shall mean 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 such person or his mark shall be intended.[12]
The words "the State" or "this State" shall mean 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 all of them.
Shall include goods, chattels and all personal property,
except intangible personal property.[13]
The words "tenant" or "occupant," 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.
The words "writing" and "written" shall include printing,
lithographing or any other mode of representing words and letters.[14]
Shall mean a calendar year, unless otherwise expressed, and
the word "year" shall be equivalent to the words "year of our Lord."[15]
[1]
State Law Reference — For similar provisions, see RSMo.,
§ 1.040.
[2]
State Law Reference — As to plural includes the singular,
masculine includes feminine, see RSMo., § 1.030.
[3]
State Law Reference — As to majority may act for all,
see RSMo., § 1.050.
[4]
State Law Reference — For similar provisions, see RSMo.,
§ 1.020(10).
[5]
State Law Reference — As to plural includes the singular,
masculine includes feminine, see RSMo., § 1.030.
[6]
State Law Reference — For similar provisions, see RSMo.,
§ 492.030.
[8]
State Law Reference — Definitions of "person", see RSMo.,
§ 1.020(11).
[9]
State Law Reference — As to use as reference to sections
of statutes, see RSMo., § 1.020(14).
[10]
State Law Reference — For similar provisions, see RSMo.,
§ 1.020(15).
[11]
State Law Reference — For similar provisions, see RSMo.,
§ 1.020(16).
[12]
State Law Reference — For similar provisions, see RSMo.,
§ 1.020(21).
[13]
State Law Reference — Definition of "personal property",
see RSMo., § 1.020(12).
[14]
State Law Reference — For similar provisions, see RSMo.,
§ 1.020(21).
[15]
State Law Reference — For similar provisions, see RSMo.,
§ 1.020(10).
The catchlines of the several Sections of this Code are intended
as mere catchwords to indicate the contents of the Section and shall
not be deemed or taken to be titles of such Section, nor 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 reenacted.
The provisions appearing in this Code, so far as they are the
same as those of ordinances existing at the time of the adoption of
"The Code of the City of Centralia, Missouri," shall be considered
as a continuation thereof and not as new enactments.
It is hereby declared to be the intention of the Board of Aldermen
that 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 or otherwise
invalid by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and Sections
of this Code since the same would have been enacted by the Board of
Aldermen without the incorporation in the Code of any such unconstitutional
or invalid phrase, clause, sentence, paragraph or Section.
[1]
State Law Reference — For similar provisions, see RSMo.,
§ 1.140.
Whenever any ordinance or part of any 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 the same
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 such ordinance
or provisions had continued in force, unless it shall be therein otherwise
expressly provided.
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it be expressly
so provided, and such former ordinance, clause or provision is set
forth at length.
[Ord. No. 867 § 1, 4-24-1967; Ord.
No. 965 § 1, 10-11-1971; Ord. No. 2830 § 2, 10-19-2015]
Except as hereinafter provided, whenever in this Code or in
any other ordinance of the City or in any rule, regulation or order
promulgated pursuant to such Code or other ordinance of the City any
act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or whenever in such Code or in such other City ordinance,
rule, regulation or order the doing of any act is required or the
failure to do any act is declared to be unlawful, where no specific
penalty is provided therefor, the violation of any such provision
of this Code or of any other ordinance of the City or of any rule,
regulation or order promulgated pursuant to such Code or of any ordinance
shall be punished by a fine not exceeding five hundred dollars ($500.00),
or by imprisonment for a period of not exceeding ninety (90) days,
or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or
other statute of the State limits the authority of the City to punish
the violation of any particular provision of this Code or other City
ordinance or rule, regulation or order promulgated pursuant thereto
to a fine of less amount than that provided in this Section or imprisonment
for a shorter term than that provided in this Section, then the violation
of such particular provision of this Code or other City ordinance,
rule, regulation or order shall be punished by the imposition of not
more than the maximum fine or imprisonment so authorized or by both
such fine or imprisonment.
Each day any violation of this Code or any other City ordinance
or rule, regulation or order promulgated pursuant thereto shall continue
shall constitute a separate offense, unless otherwise provided.
The term "misdemeanor" wherever the same may
be found in this Code or other ordinances shall be construed to mean
and to stand in lieu of the words "a violation of ordinance."
The Centralia Municipal Court judge shall not assess a fine,
if combined with the amount of Court costs, totaling in excess of
three hundred dollars ($300.00) if the violation is a minor traffic
violation. The Centralia Municipal Court judge shall not sentence
a person to any confinement, if the violation is a minor traffic violation,
except that the Centralia Municipal Court judge may sentence a person
to confinement for violations involving alcohol or controlled substances,
for violations endangering the health or welfare of others, and for
violations with eluding or giving false information to a law enforcement
officer. A person shall not be placed in confinement for failure to
pay a fine, unless such nonpayment violates terms of probation. All
other provisions of this section shall remain in effect.
[1]
State Law Reference — Authorizing City to prescribe
penalty, see RSMo., § 79.470.
Cross Reference — For similar provisions, see §§ 18-2, 28-8, 28-9, 18-21, 30-37, 30.2-36, and 30.2-37. As to handicapped parking, see § 18-37.1. As to penalty for driving while intoxicated, see § 18-9.9. As to failure to vacate building, see § 5-20.7. As to violation of mayor's order or emergency regulation, see § 7-11. As to flood regulations, see § 12-8. As to penalty concerning garbage and refuse, see § 13-14.1. As to penalty concerning licensing, see § 16-38. As to driving without a driver's license or riding a motorcycle without protective headgear, see § 18-7.1. As to speed limits, see § 18-33. As to passenger restraints for children, see § 18-42.1. As to seat belts, see § 18-42.2. As to cigarettes, see § 20-8. As to consumption of alcohol in public, see § 20-10.1. As to parades, see § 20.1-13. As to penalty for violation of sewage disposal, see §§ 26-84 and 26-91. As to penalty for subdivision of land, see § 30.1-28. As to penalty for driving while suspended or revoked, see § 18-7.3.
[Ord. No. 965 § 2, 10-11-1971]
The judge sentencing under Section 1-7, whether the punishment is by fine or imprisonment, or by both, may order that the convicted person be put to work and perform labor on the public streets, highways and alleys or public works or buildings of the City, and the Chief of Police shall have power and is authorized and required to have or cause all such prisoners as may be directed by the Mayor to work out the full number of days for which the person has been sentenced, at breaking rock, or at working upon such public streets, highways or alleys or other public works or buildings of the City as may have been designated. If the punishment is by fine, and the fine is not paid, then for every ten dollars ($10.00) of such judgment the prisoner shall work one (1) day. It shall be deemed a part of the judgment and sentence of the court that such prisoner may be worked as herein provided. When a fine is assessed for a violation of this Code, or other ordinance or resolution, it shall be within the discretion of the judge, or other official, assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as the judge or other official may deem appropriate.
[Ord. No. 3 §§ 1-2, 1-8-1918]
There is hereby adopted a common seal of the City which shall
be circular in form, an inch and one-half (1Â 1/2) in diameter,
with the words, "Mayor's Office" in the center,
and the words, "City of Centralia, Missouri" inscribed
in Roman capital letters, encircled by a scroll on the outer edge
thereof.
The City Clerk shall be the custodian of the City seal and shall
keep the same in his office, and shall affix such seal to all official
documents which the Mayor is required by law to sign, and which signature
of the Mayor the City Clerk is required by law to attest with his
own signature and the seal of the City.
[1]
State Law Reference — Authorizing the City to have and
hold a common seal, see RSMo., § 79.010.
[Ord. No. 611 § 2, 9-3-1957; Ord.
No. 1515, 12-18-1989]
The corporate limits of the City are hereby extended over territory
to embrace and include all that part of Boone County, Missouri lying,
being and situated within the following boundaries:
Beginning at a point on the west line of Section 22, Township
51 North, Range 11 West, twenty feet south of the northwest corner
thereof; thence east parallel to the north line of such section 1331.4
feet; thence South 1° 07' East, 391.5 feet; thence parallel
to the south right-of-way line of Missouri State Highway Route JJ
(also known as Gano Chance Drive) East, 574.5 feet; thence North 1°
07' West, 391.5 feet; thence East parallel to the north line
of Section 22, Township 51 North, Range 11 West to the north and south
subdivision line thereof; then with such subdivision north twenty
feet to the south line of Section 15, Township 51 North, Range 11
West; thence with such south line East to the east right-of-way line
of Missouri State Highway Route Z (also known as Jefferson Street);
thence south along the east right-of-way line of State Route Z, 209
feet; thence South 88° 35' East, 209 feet; thence parallel
to the west line of the northeast one-half of Section 22, Township
51 North, Range 11 West, 209 feet to the south line of Section 15,
Township 51 North, Range 11 West; thence along the south line of Section
15, Township 51 North, Range 11 West to the southeast corner of the
west half of the southeast quarter of said Section 15; thence with
the east line of the west half North to the southwest corner of the
northeast quarter of the southeast quarter; thence east with the south
line of the northeast quarter of the southeast quarter to the east
line of said Section 15 and the west line of Section 14, Township
51 North, Range 11 West; thence with the west line of said Section
14 to a point on the west line of said Section 14, 1072.58 feet north
of the west quarter corner of said Section 14, being on the south
right-of-way line of Booth Street; thence along the south right-of-way
line of Booth Street extended, South 89° 27' East, 300.00
feet; thence North 0° 00' East, 1,188.50 feet; thence along
a line parallel to and 35 feet southeasterly of a drainage ditch North
59° 30' West, 136.07 feet to the south right-of-way line
of the Norfolk & Southern Railroad; thence along said railroad
right-of-way line 79° 07 feet West, 424.87 feet to the west line
of said Section 14; thence along the west line of Sections 14 and
11, Township 51 North, Range 11 West, to the north right-of-way line
of the Chicago, Missouri & Western Railroad (formerly the GM&O
Railroad); thence with said right-of-way southeasterly to the east
line of the northwest quarter of the northwest quarter of Section
14, Township 51 North, Range 11 West; thence East along the south
right-of-way of Missouri State Highway 22 to a point on the south
right-of-way which is at a right angle across State Highway 22 from
a point at Station No. 187 + 26, as identified and located in a certain
deed from the City of Centralia to the State of Missouri for the use
of the State Highway Commission of Missouri, dated January 11, 1954;
thence at a right angle across State Highway 22 to said Station No.
187 + 26; thence along a fence North 1° 00' West, 2,496 feet
to an iron bar; thence East, 1,906 feet to an iron bar; thence North
0° 45' East, 800 feet to an iron bar; thence West, 4,286
feet to the northwest corner of the east one-half of the southwest
quarter of Section 11, Township 51 North, Range 11 West, thence West
along the north line of the northwest quarter of the southwest quarter
of Section 11, Township 51 North, Range 11 West; thence along the
south line of the northeast quarter of Section 10, Township 51 North,
Range 11 West, West to the north and south subdivision line of the
northeast quarter; thence with the subdivision line north nine hundred
seventy-three feet; thence West parallel to the east and west subdivision
line of the northeast quarter to the north and south subdivision line
of Section 10; thence North with the subdivision line, 351 feet, thence
West, 660 feet; thence West along the north line of the north one-half
of the northwest quarter of the southeast quarter of the northwest
quarter of Section 10, Township 51 North, Range 11 West; thence South
along the west line of the north one-half of the northwest quarter
of the southeast quarter of the northwest quarter of said Section
10 to a point 21' north of the southwest corner of the north
one-half of the northwest quarter of the southeast quarter of the
northwest quarter of said Section 10; thence West parallel to the
east and west subdivision line of the northwest quarter of Section
10 to the southeast corner of the west one-half of the north one-half
of the northwest quarter of the southwest quarter of the northwest
quarter of said Section 10; thence North to the northeast corner of
the west one-half of the north one-half of the northwest quarter of
the southwest quarter of the northwest quarter of said Section 10;
thence West to the northeast corner of the southeast quarter of the
northeast quarter of Section 9, Township 51 North, Range 11 West;
thence South to the intersection of the west right-of-way line of
Missouri State Highway 151 and the south right-of-way line of Fountain
Street; thence West along the right-of-way line of Fountain Street;
300 feet; thence South along a line west of and parallel to the east
line of Section 9, Township 51 North, Range 11 West, to the south
right-of-way line of the Chicago, Missouri & Western Railroad;
thence Northwesterly to a point where the southern right-of-way line
of the Chicago, Missouri & Western Railroad intersects with the
east right-of-way of Missouri Supplementary State Route B (124); thence
Southwesterly with the right-of-way line of said Supplementary State
Route B (124) to its intersection with the south line of the right-of-way
of the Norfolk & Southern Railroad; thence with such right-of-way
line Westerly to a point 418 feet directly west of the north and south
subdivision line of the southeast quarter of said Section 9; thence
South parallel to the subdivision line and parallel to the north and
south subdivision line of the northeast quarter of Section 16 Township
51 North, Range 11 West to a point twenty feet south of the east and
west subdivision line of said Section 16; thence East parallel to
said east and west subdivision line to a point twenty feet east of
the north and south subdivision line of the southeast quarter of said
Section 16; thence South 0° 14' West, along the west line
of Block I of John C. Hitts' Subdivision, 20 feet; thence North
89° 47' East, 20 feet; thence South 0° 14' West,
40 feet; thence South 89° 47' West, 60 feet; thence South
0° 14' West 860 feet; thence North 89° 47' West,
560 feet; thence North 0° 14' East to a point on the south
line of Lot 2, Block I, of the John C. Hitts' Subdivision; thence
with the south line of said Lot 2 East to a point 66 feet west of
the east line of Section 16, Township 51 North, Range 11 West; thence
parallel to said east section line, South to a point twenty feet south
of the north line of Section 21, Township 51 North, Range 11 West;
thence parallel to the north line of said Section 21 East 66 feet
to the point of beginning; excepting however, the interior of an area
described by the following boundary:
Beginning at a point which is the intersection of the north
right-of-way line of Missouri State Highway 22 and the east line of
the northwest quarter of the northwest quarter of Section 14, Township
51 North, Range 11 West; thence North along the east line of the northwest
quarter of the northwest quarter of said Section 14 and the east line
of the southwest quarter of the southwest quarter of Section 11, Township
51 North, Range 11 West to a point 1433 feet south of the northwest
corner of the east one-half of the southwest quarter of said Section
11; thence North 88° 30' East, 766 feet; thence South 1°
00' West 1551.3 feet; thence Northwesterly along the north right-of-way
line of Missouri State Highway 22 to the point of beginning.
