This Code contains all ordinances of a general and permanent
nature of the City of Pleasant Valley, Missouri, and includes ordinances
dealing with municipal administration, municipal elections, building
and property regulation, business and occupations, health and sanitation,
public order, and similar subjects.
This Code may be known and cited as the "Municipal Code of the
City of Pleasant Valley, Missouri."
The Official Copy of this Code, bearing the signature of the
Mayor and attestation of the City Clerk as to its adoption shall be
kept on file in the office of the City Clerk. An extra copy of this
Code shall be kept in the City Clerk's office available for public
inspection.
[Ord. No. 3401, 12-21-2020]
A.Â
It shall be unlawful for any person 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 Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm, or corporation violating this Section shall be punished as provided in Section 100.250 of this Code.
B.Â
This
provision shall not apply to amendments, additions, or deletions to
this Code, duly passed by the Board of Aldermen, which may be prepared
by the City Clerk for insertion in this Code.
C.Â
The provisions of Subsections (A) and (B) of this Section notwithstanding, the City Clerk shall be responsible for preparing ordinances for codification, either personally or by use of a third party contracted by the City for that purpose and may edit the Code by:
1.Â
Numbering or renumbering Sections;
2.Â
Organizing the content into appropriate Chapters, Articles, Divisions,
Sections and Subsections;
3.Â
Providing appropriate catchlines, headings and titles for Sections
and other subdivisions of the Code, and make changes in such catchlines,
headings and titles;
4.Â
Change the words "this ordinance" or words of the same meaning to
"this Chapter," "this Article," "this Division," etc., as the case
may be, or to "Sections __ to __ " (inserting Section numbers to indicate
the Sections of the Code which embody the substantive sections of
the ordinance incorporated into the Code); and
5.Â
Make other non-substantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code, including correcting
spelling errors and scrivener’s errors; but in no case shall
the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
Each Section number of this Code shall consist of two (2) parts
separated by a period; the figure before the period referring to the
Chapter number, and the figure after the period referring to the position
of the Section in the Chapter. Both figures shall consist of three
(3) digits.
A.Â
BOARD OF ALDERMEN
CITY
COUNTY
DAY
GENDER
GOVERNING BODY
HIGHWAY
MAY
MAYOR
MONTH
OATH
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
PUBLIC WAY
REAL PROPERTY
REASONABLE TIME
ROADWAY
SHALL
SIDEWALK
SIGNATURE
STATE
STREET
TENANT, OCCUPANT
WEEK
WRITING and IN WRITING and WRITING WORD FOR WORD
YEAR
In
the construction of this Code and of all other ordinances of the City,
the following definitions 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" or "Board of Aldermen" of the City of Pleasant Valley, Missouri.
The terms "the City" or "this City" shall mean the City of Pleasant Valley, Missouri.
The words "the County" or "this
County" or "County" shall mean the County
of Clay, Missouri.
A day of twenty-four (24) hours, beginning at 12 o'clock
Midnight.
Words importing one gender include and apply to the other
gender as well.
The words "governing body" shall mean the
Board of Aldermen of the City of Pleasant Valley.
The term "highway" shall include any street,
alley, highway, avenue or public place or square, bridge, viaduct,
tunnel, underpass, overpass and causeway in the City, dedicated or
devoted to public use.
Is to be construed as being permissive.
The Mayor of the Board of Aldermen of City of Pleasant Valley,
Missouri.
A calendar month.
Shall be construed to include an affirmation in all cases
in which 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" as 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.
May extend and be applied to bodies politic and corporate,
and to partnerships and other unincorporated associations.
Includes money, goods, chattels, things in action and evidences
of debt;
When used by way of reference to any Section of this Code,
shall 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.
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 co-extensive with lands, tenements and hereditaments.
In all cases where any ordinance shall require any act to
be done in a reasonable time or reasonable notice to be given, such
reasonable time or notice shall be deemed to mean such time only as
may be necessary for the prompt performance of such duty, or compliance
with such notice.
The word "roadway" shall mean that portion
of a street improved, designed or ordinarily used for vehicular traffic.
Is mandatory.
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/her mark shall be intended.
The words "the State" or "this State" or "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.
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 word "week" shall be construed to mean
seven (7) days; but publication in a newspaper of any notice or other
matter indicated to be for a stated number of weeks shall be construed
to mean one (1) insertion in each week, unless specifically stated
to be for each day of the week or for more than one (1) day in each
week; and all publications heretofore made in accordance with the
terms of this Subsection are hereby validated.
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.
Shall mean a calendar year, unless otherwise expressed, and
the word "year" shall be equivalent to the words "year of our Lord."
B.Â
Newspaper. Whenever in this Code or other ordinance of the
City it is required that notice be published in the "official newspaper"
or a "newspaper of general circulation published in the City," and
if there is no newspaper published within the City, the said notice
shall be published in a newspaper of general circulation within the
City, regardless of its place of publication. Such newspaper shall
not include an advertising circular or other medium for which no subscription
list is maintained.
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.
The headings of the Chapters and Sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the adoption of this Code, shall be considered as a continuation thereof
and not as new enactments.
A.Â
No
offense committed and no fine, penalty or forfeiture incurred, or
prosecution commenced or pending previous to or at the time when any
ordinance provision 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.Â
That all such proceedings shall be conducted according to existing
procedural laws; and
2.Â
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.
When an ordinance repealing a former ordinance, clause or provision
is itself repealed, it does not revive the former ordinance, clause
or provision, unless it is otherwise expressly provided; nor shall
any ordinance repealing any former ordinance, clause or provision
abate, annul or in any wise affect any proceedings had or commenced
under or by virtue of the ordinance so repealed, but the same is as
effectual and shall be proceeded on to final judgment and termination
as if the repealing ordinance had not passed, unless it is otherwise
expressly provided.
It is hereby declared to be the intention of the Board of Aldermen
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section, or Chapter 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, Sections, and Chapters 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.
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code but shall
extend to and include the time of the happening of any act, event,
or requirement for which provision is made herein, either as a power,
immunity, requirement, or prohibition.
A.Â
Whenever
notice may be required under the provisions of this Code or other
City ordinance, the same shall be served in the following manner:
1.Â
By delivering the notice to the person to be served personally or
by leaving the same at his/her residence, office or place of business
with some person of his/her family over the age of fifteen (15) years;
or
2.Â
By mailing said notice by certified or registered mail to such person
to be served at his/her last known address; or
3.Â
If the person to be served is unknown, or may not be notified under
the requirements of this Section, then by posting said notice in some
conspicuous place on the premises at least five (5) days before the
act or action concerning which the notice is given is to take place.
No person shall interfere with, obstruct, mutilate, conceal, or tear
down any official notice or placard posted by any City Officer, unless
permission is given by said Officer.
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
In computing any period of time prescribed or allowed by this
Code or by a notice or order issued pursuant thereto, the day of the
act, event or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed
is to be included, unless it is a Saturday, Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Saturday, Sunday nor a legal holiday. When the period
of time prescribed or allowed is less than seven (7) days, intermediate
Saturdays, Sundays and legal holidays shall be excluded in the computation.
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.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons unless
otherwise declared in the law giving the authority.
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;
and when words importing the plural number are used, the singular
shall be included.
The rules of construction set forth in this Chapter which shall
contain any express provision excluding such construction, or when
the subject matter or context of such ordinance may be repugnant thereto.
All references to Titles, Chapters, or Sections are to the Titles,
Chapters and Sections of these ordinances unless otherwise specified.
A.Â
If
the provisions of different Chapters of these ordinances conflict
with or contravene each other, the provisions of each Chapter shall
prevail as to all matters and questions growing out of the subject
matter of such Chapter.
B.Â
If
conflicting provisions be found in different Sections of the same
Chapter, the provisions of theSection which is last in numerical order
shall prevail unless such construction be inconsistent with the meaning
of such Chapter.
It is hereby declared to be the intention of the Board that
the Sections, paragraphs, sentences, clauses and words of this Code
are severable, and if any word, clause, sentence, paragraph, or Section
of this Code shall be declared unconstitutional or otherwise invalid
by the valid judgement or decree of any court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect any of the
remaining words, clauses, sentences, paragraphs and Sections of this
Code, because the same would have been enacted by the Board without
the incorporation in this Code of any such unconstitutional or invalid
word, clause, sentence, paragraph or Section.
