[Ord. No. 6 §1, 6-1-1995]
In the construction of all the 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:
CITY
The City of Green Park, Missouri.
COUNTY
The words "the County" or "this
County" or "County" shall mean the County
of St. Louis, Missouri.
DAY
A day of twenty-four (24) hours, beginning at 12:00 Midnight.
MAY
The word "may" is permissive.
MAYOR
The Mayor of the City of Green Park, Missouri.
NEWSPAPER
Whenever in the ordinances 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.
OATH
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".
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.
PERSON
Shall include a corporation, firm, partnership, limited liability
company, 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 ordinance
prescribing a penalty or fine, as to partnerships or associations,
the word shall include the partners or members thereof, and as to
corporations and limited liability companies, shall include the officers,
agents or members thereof who are responsible for any violation of
such Section.
PERSONAL PROPERTY
Shall include money, goods, chattels, things in action and
evidences of debt.
PRECEDING, FOLLOWING
The words "preceding" and "following" shall mean next before and next after, respectively.
PROPERTY
Shall include real and personal property.
PUBLIC WAY
Shall include any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
REAL PROPERTY
The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with
lands, tenements and hereditaments.
SHALL
The word "shall" is mandatory.
SIDEWALK
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians.
SIGNATURE
Where the written signature of any person is required, the
proper handwriting of such person or his/her mark shall be intended.
STATE
The words "the State" or "this State" or "State" shall mean the State of Missouri.
STREET
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.
TENANT, OCCUPANT
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.
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.
YEAR
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of
our Lord".
[Ord. No. 6 §2, 6-1-1995; Ord. No. 699 § 1, 5-18-2015]
A. All
general provisions, terms, phrases and expressions contained in the
ordinances of the City shall be liberally construed in order that
the true intent and meaning of the Board of Aldermen may be fully
carried out. Technical words and phrases having a peculiar and appropriate
meaning in law shall be understood according to the technical import.
B. 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.
[Ord. No. 6 §3, 6-1-1995]
The headings of any City ordinances are intended as guides and
not as part of any particular ordinance for purposes of interpretation
or construction.
[Ord. No. 6 §4, 6-1-1995]
Whenever any ordinance or part of an 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 subsequent ordinance repealing or modifying
the prior ordinance 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, enjoined and recovered as fully
as if such ordinance or provisions had continued in force, unless
it shall be therein otherwise expressly provided.
When a law repealing a former law, clause or provision is itself
repealed, it does not revive the former law, clause or provision,
unless it is otherwise expressly provided; nor shall any law repealing
any former law, clause or provision abate, annul or in any wise affect
any proceedings had or commenced under or by virtue of the law so
repealed, but the same is as effectual and shall be proceeded on to
final judgment and termination as if the repealing law had not passed,
unless it is otherwise expressly provided.
[Ord. No. 6 §6, 6-1-1995]
It is hereby declared to be the intention of the Board of Aldermen
that the Sections, paragraphs, sentences, clauses and phrases of the
ordinances of the City are severable, and if any phrase, clause, sentence,
paragraph, or Section of any ordinance 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 said ordinance since the same would have
been enacted by the Board of Aldermen without the incorporation of
any such unconstitutional or invalid phrase, clause, sentence, paragraph
or Section.
[Ord. No. 6 §7, 6-1-1995]
Except as otherwise specifically provided or indicated by the
context, all words used in the ordinances of the City indicating the
present tense shall not be limited to the time of adoption of said
ordinance 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.
[Ord. No. 6 §8, 6-1-1995]
A. Whenever
notice may be required under any City ordinance, the same shall be
served in the following manner unless otherwise specified:
1. By delivering the notice to the person personally or by leaving the
same at his/her residence, office or place of business with some person
of suitable age and discretion,
2. By mailing said notice by certified or registered mail to such person
at his/her last known address, or
3. If the person is unknown, or may not be notified under the requirements of Subsections
(1) or
(2) above, then by posting said notice in some conspicuous place on the premises involved 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.
[Ord. No. 6 §9, 6-1-1995]
In computing any period of time prescribed or allowed by City
ordinance 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. A half holiday shall be considered as
other days and not as a legal holiday.
[Ord. No. 6 §10, 6-1-1995]
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.
[Ord. No. 6 §11, 6-1-1995]
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 deemed to be included.