[R.O. 2009 §1-1; Code 1969 §1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated as the "Brentwood City Code".
[R.O. 2009 §1-2; Code 1969 §1-2]
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:
- BOARD OF ALDERMEN
- The words "Board of Aldermen" or "the Board" shall mean the Board of Aldermen of Brentwood.
- CERTIFIED MAIL or CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED
- Includes certified mail carried by the United States Postal Service or any parcel or letter carried by an overnight, express or ground delivery service that allows a sender or recipient to electronically track its location and provides a record of the signature of the recipient.
- The words "the City" or "this City" shall mean the City of Brentwood, Missouri.
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first (1st) and including the last day and if the last day is Sunday or a legal holiday, it shall be excluded.
- The words "the County" or "County" shall mean the County of St. Louis, 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.
- Wherever in this Code or other ordinances it is provided as a part of punishment that one may be imprisoned, this shall be construed to mean "imprisonment in the City Jail or in the jail of St. Louis County".
- JOINT AUTHORITY
- Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons, unless otherwise declared in the law giving the authority.
- The word "may" shall be construed as being permissive.
- MAY NOT
- The words "may not" state a prohibition.
- Shall be construed to mean and to stand in lieu of the words "a violation of ordinance".
- 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.
- Includes 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".
- 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.
- The word "person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt.
- PLACE OF RESIDENCE
- The place where the family of any person permanently resides in this State, and the place where any person having no family generally lodges.
- PRECEDING, FOLLOWING
- 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.
- PUBLIC WAY
- Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
- REAL PROPERTY
- The terms "real property", "premises", "real estate" or "lands" is coextensive with lands, tenements and hereditaments.
- The latest edition of the Revised Statutes of Missouri, as amended.
- Shall be construed as being 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 such person or his/her mark shall be intended.
- The words "the State" and "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.
- TENANT, OCCUPANT
- The words "tenant" and "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.
- Words used in the past tense or present tense include the future tense.
- WRITTEN, IN WRITING AND WRITING WORD FOR WORD
- 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".
[R.O. 2009 §1-3; Code 1969 §§1-3, 1-7]
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, 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 re-enacted.
[R.O. 2009 §1-4; Code 1969 §1-3]
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 Brentwood, Missouri", shall be considered as a continuation thereof and not as new enactments.
[R.O. 2009 §1-6; Code 1969 §1-5]
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 any way 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.
[R.O. 2009 §1-7; Code 1969 §1-6]
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.
[R.O. 2009 §1-8; Code 1969 §1-4]
It is 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 this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City prison or workhouse instead of the County Jail.
Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.
Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.