[CC 1983 §1-1]
This Code shall be known and may be cited as the "Code
of Ordinances, City of Caruthersville, Missouri," or as "the Code of Ordinances" or "the Code."
[Code 1961 §1.02; CC 1983 §1-3]
A.
CITY
CODE
COMPUTATION OF TIME
COUNCIL
COUNTY
DAY
DAYTIME, NIGHTTIME
GENDER
IN THE CITY
JOINT AUTHORITY
MONTH
NUMBER
OATH
OFFICERS, DEPARTMENTS, ETC.
OFFICIAL TIME
OR, AND
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROCESS
PROPERTY
REAL PROPERTY OR PREMISES OR REAL ESTATE OR LANDS
SHALL, MAY
STATE
TENANT OR OCCUPANT
TENSE
WEEK
WRITTEN AND IN WRITING AND WRITING WORD FOR WORD
YEAR
In
the construction of this Code and of all ordinances of the City, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the City Council or the
context clearly requires otherwise:
The words "the City" or "this City" shall be construed as if followed by the words "of Caruthersville,
Missouri."
The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Caruthersville,
Missouri."
The time within which an act is to be done shall be computed
by excluding the first day and including the last. If the last day
is Sunday it shall be excluded.
Whenever the word "Council" is used in this
Code, it shall be construed to mean the City Council of the City of
Caruthersville.
The words "the County" or "this
County" shall mean the County of Pemiscot.
"Day" is any period of twenty-four (24)
hours.
"Daytime" is the period of time between
sunrise and sunset. "Nighttime" is the period of
time between sunset and sunrise.
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.
The words "in the City" shall mean and include
all territory over which the City now has, or shall hereafter acquire,
jurisdiction for the exercise of its police powers or other regulatory
powers.
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 "month" shall mean a calendar month.
The singular number includes the plural, and the plural the
singular.
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" or "sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, Departments, Boards, Commissions and employees
referred to in this Code shall mean Officers, Departments, Boards,
Commissions and employees of the City of Caruthersville unless the
context clearly indicates otherwise.
Whenever certain hours are named in this Code, they shall
mean central standard or daylight saving time, as may be in current
use in the City.
"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.
"Person" includes any person, firm, association,
organization, partnership, business trust, corporation or company
and any other group acting as a unit. 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 fine or penalty, 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.
Includes money, goods, chattels, things in action and evidences
of debt.
When used by way of reference to any Section of this Code,
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.
"Process" includes a writ or summons issued
in the course of judicial proceedings of either a civil or criminal
nature.
The word "property" shall include real and
personal property.
Is coextensive with lands, tenements and hereditaments.
"Shall" is mandatory; "May" is permissive.
The words "the State" or "this State" shall be construed to mean the State of Missouri.
The word "tenant" or "occupant," applied to a building or land, shall include any person holding
a written or an oral lease of, or who occupies the whole or a part
of such building or land, either alone or with others.
The present tense includes the past and future tenses, and
the future includes the present.
A week consists of seven (7) consecutive 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,
beginning January first (1st) and ending on the following December
thirty-first (31st), except where otherwise provided.
B.
All
general provisions, terms, phrases and expressions contained in this
Code shall be liberally construed in order that the true intent and
meaning of the City Council may be fully carried out.
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.
A.
No
offense committed and no fine, penalty or forfeiture incurred, or
prosecution commenced or pending previous to or at the time when any
statutory 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 that:
1.
All such proceedings shall be conducted according to existing procedural
laws; and
2.
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.
[Code 1961 §1.11; CC 1983 §1-6]
It is hereby declared to be the intention of the City Council
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 invalid
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and Sections of
this Code.
[CC 1983 §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 reenacted.
[CC 1983 §1-8]
A.
By
contract or by City personnel, supplements to this Code shall be prepared
and printed whenever authorized or directed by the City Council. A
supplement to the Code shall include all substantive permanent and
general parts of ordinances passed by the City Council or adopted
by initiative and referendum during the period covered by the supplement
and all changes made thereby in the Code. The pages of a supplement
shall be so numbered that they will fit properly into the Code and
will, where necessary, replace pages which have become obsolete or
partially obsolete, and the new pages shall be so prepared that, when
they have been inserted, the Code will be current through the date
of the adoption of the latest ordinance included in the supplement.
B.
In
preparing a supplement to this Code, all portions of the Code which
have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
C.
When
preparing a supplement to this Code, the codifier (meaning the person,
agency or organization authorized to prepare the supplement) may make
formal, nonsubstantive changes in ordinances and parts of ordinances
included in the supplement, insofar as it is necessary to do so to
embody them into a unified Code. For example, the codifier may:
1.
Organize the ordinance material into appropriate subdivisions;
2.
Provide appropriate catchlines, headings and titles for Sections
and other Subsections of the Code printed in the supplement, and make
changes in such catchlines, headings and titles;
3.
Assign appropriate numbers to Sections and other Subsections to be
inserted in the Code and, where necessary to accommodate new material,
change existing Section or other Subsection numbers;
4.
Change the words "this ordinance" or words of the same meaning to
"this Chapter," "this Article," 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.
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance Sections inserted into the Code; 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.
[CC 1983 §1-9]
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 Caruthersville to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.120 hereof.
[CC 1983 §1-11]
When the Code of Ordinances shall be printed and bound, it shall
be deemed a sufficient publication of all ordinances contained therein,
and they shall be received in evidence without further proof in all
cases, suits or proceedings had, instituted or prosecuted under the
provisions thereof, and in pleading any ordinance or part of ordinance
in prosecutions and proceedings had by virtue of any of the provisions
thereof, it shall be sufficient to designate the number of the Section
or Article under which the action is instituted or proceedings had.
