[R.O. 2013 § 100.030; R.O. 2005 § 1-4; Ord. No. 10.010]
A. 
This Code contains all ordinances of a general and permanent nature of the City of Fayette, 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.
1. 
Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed a part hereof.
2. 
Ordinances which are of a general or permanent nature shall be prepared for insertion in this Code and be deemed a part hereof.
[R.O. 2013 § 100.050; R.O. 2005 § 1-6; Ord. No. 10.030]
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. At least three (3) copies of the published book shall be kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours.
[R.O. 2013 § 100.060; R.O. 2005 §§ 1-7, 1-9; Ord. No. 10.040; Ord. No. 10.060]
A. 
Altering Code. 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 Article III of this Chapter.
B. 
Amendments To Code. All amendments to this Code, duly passed by the Board of Aldermen, shall be prepared by the City Clerk for insertion in this Code.
[R.O. 2013 § 100.070; R.O. 2005 § 1-8; Ord. No. 10.050; Ord. No. 93-19]
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.
[R.O. 2013 § 100.080; R.O. 2005 §§ 1-1, 1-10; Ord. No. 11.010; Ord. No. 11.030]
A. 
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:
BOARD OF ALDERMEN
The Board of Aldermen of Fayette, Missouri.
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.
CITY
The words "the City" or "this City" or "City" shall mean the City of Fayette, Missouri.
COUNTY
The words "the County" or "this County" or "County" shall mean the County of Howard, Missouri.
DAY
A day of twenty-four (24) hours, beginning at 12:00 Midnight.
KEEPER, PROPRIETOR
Includes persons, firms, associations, corporations, clubs, and partnerships, whether acting by themselves or by a representative, servant or agent.
MAY
Is permissive.
MAYOR
The Mayor of Fayette, Missouri.
MONTH
A calendar month.
OATH
Includes 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
Includes 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, as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.
PRECEDING, FOLLOWING
Next before and next after, respectively.
PROPERTY
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" shall be deemed to be co-extensive with lands, tenements and hereditaments.
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
Includes any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.
TANGIBLE PERSONAL PROPERTY
Includes goods, chattels and all personal property, except intangible personal property.
TENANT, 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.
WRITING
The words "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters.
YEAR
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."
B. 
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 such 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.
C. 
Delegation Of Authority. Whenever a provision appears in this Code requiring the head of a department or an officer of the City to do some act or make certain inspections, it may be construed to authorize the head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspections, unless the terms of the provision or Section designate otherwise.
[R.O. 2013 § 100.085; R.O. 2005 § 1-19; Ord. No. 22.200 §§ 1 – 2, 10-16-1990]
The Board of Aldermen of the City of Fayette has in the past enacted ordinances for the City of Fayette which have not been officially signed by the Mayor of the City. Any and all such ordinances duly enacted are hereby ratified as the law of the City of Fayette, Missouri whether signed or unsigned by the Mayor of the City.
A. 
This ordinance shall be in full force and effect from and after its date of passage.
B. 
This ordinance having been made available to the public at and on the date of passage was read two (2) times by title only and passed this 16th day of October, 1990.
[R.O. 2013 § 100.090; R.O. 2005 § 1-20; Ord. No. 12.010]
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 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.
[R.O. 2013 § 100.100; R.O. 2005 § 1-21; Ord. No. 12.020]
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.
[R.O. 2013 § 100.110; R.O. 2005 § 1-22; Ord. No. 12.030]
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.
[R.O. 2013 § 100.120; R.O. 2005 § 1-23; Ord. No. 12.040]
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, 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. 2013 § 100.130; R.O. 2005 § 1-24; Ord. No. 12.050]
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 anywise 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.
[R.O. 2013 § 100.140; R.O. 2005 § 1-25; Ord. No. 12.060]
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.
[R.O. 2013 § 100.160; R.O. 2005 § 1-27; Ord. No. 12.080]
A. 
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. 
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;
2. 
By mailing said notice by certified or registered mail to such person to be served at his/her last known address; or
3. 
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 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.
[R.O. 2013 § 100.170; R.O. 2005 § 1-28; Ord. No. 12.090]
The provisions of the preceding Section shall not apply to those Chapters of this Code wherein there is a separate definition of "notice."
[R.O. 2013 § 100.180; R.O. 2005 § 1-29; Ord. No. 12.100]
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. A half holiday shall be considered as other days and not as a legal holiday.
[R.O. 2013 § 100.190; R.O. 2005 § 1-30; Ord. No. 12.110]
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.
[R.O. 2013 § 100.200; R.O. 2005 § 1-31; Ord. No. 12.120]
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.
[R.O. 2013 § 100.210; R.O. 2005 § 1-32; Ord. No. 12.130]
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.