[R.O. 2013 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances of the City of Arnold, Missouri" or simply as "the Code of Ordinances" or "the Code".
[R.O. 2013 §1-2]
A.
Nothing contained in this Code of Ordinances or the ordinance adopting this Code shall be construed to repeal or otherwise affect the legislation held from repeal in Section 3 of the Adoption Ordinance for this Code.
B.
Such repeal shall not be construed to revive any ordinance or part of an ordinance which is repealed by this Code.
[R.O. 2013 §1-3]
A. CERTIFIED MAIL OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED CITY CITY COUNCIL, COUNCIL CITY RESIDENT CODE OF ORDINANCES, CODE CODIFICATION COMPUTATION OF TIME COUNCILMAN/COUNCILPERSON/COUNCIL MEMBER COUNTY GENDER INTANGIBLE PERSONAL PROPERTY JOINT AUTHORITY KEEPER, PROPRIETOR MAYOR MONTH NAME OF OFFICER NON-TECHNICAL AND TECHNICAL WORDS NUMBER OATH OR, AND OWNER PERSON PERSONAL PROPERTY PRECEDING, FOLLOWING PREMISES PROPERTY PUBLIC PLACE PUBLIC WAY REAL PROPERTY RESIDENCE SEAL SIDEWALK SIGNATURE STATE STREET TANGIBLE PERSONAL PROPERTY TENANT, OCCUPANT TENSE WEEK WRITING, WRITTEN YEAR
In the construction of this Code of Ordinances and of all ordinances, 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 City Council, or unless the context clearly requires otherwise:
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 City of Arnold, Missouri.
Whenever the term "City Council" or the word "Council" is used, unless the context requires otherwise, said term or word shall be construed to refer to the City Council of the City of Arnold, Missouri.
A person whose house, building or whatever type of structure such person uses to reside in is wholly within the City boundary line.
The Code of Ordinances of Arnold, Missouri.
Shall refer to the Code of Ordinances of Arnold, Missouri.
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 be Sunday or a legal holiday, that shall be excluded.
Any person elected to the City Council.
Jefferson County in the 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.
Includes all personal property except tangible personal property as defined herein.
Words importing joint authority to three (3) or more persons shall be construed as granting authority to a majority of such persons.
Includes persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
The Mayor of the City of Arnold, Missouri.
A calendar month.
Whenever the name of an officer is given, it shall be construed as though the words "of the City of Arnold, Missouri", were added.
Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
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.
Includes an 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".
"Or" may be read "and", and "and" may be read "or" if the sense requires it.
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.
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 of Ordinances prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations the word shall include the officers, agents or members thereof who are responsible for any violation of such Section.
Includes both tangible and intangible personal property as defined herein.
Next before and next after, respectively.
Place or places.
Includes real and personal property.
Any park, cemetery, school yard or open space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
The terms "real property" or "premises" or "real estate" or "lands" shall be deemed to be coextensive with lands, tenements and hereditaments.
The place adopted by a person as his/her place of habitation, and to which, whenever he/she is absent, he/she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his/her residence.
The City or Corporate Seal.
The portion of the street between the curb line and the adjacent property line 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 State of Missouri.
Includes any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include every other of them.
Includes goods, chattels and all similar personal property except intangible personal property as defined herein.
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 or present tense include the future as well as the past and present.
Shall be construed to mean seven (7) days.
Includes printing, lithographing or other mode of representing words and letters.
A calendar year.
B.
All general provisions, terms, phrases and expressions contained in this Code of Ordinances shall be liberally construed in order that the true intent and meaning of the City Council may be fully accomplished.
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 §1-4]
A.
The repeal of any ordinance, part of ordinance, or resolution, by the ordinance adopting this Code, by implication or expressed terms, shall not affect any act done or right accrued or established in any proceeding, action, suit or prosecution, or other thing, had or commenced previous to the passage of such adopting ordinance, or the taking effect thereof; and every such act, right or proceeding shall remain and continue as valid and effectual as if the provisions of such ordinance or resolution had remained in force.
B.
No offense committed nor fine, forfeiture or penalty incurred previous to the time when the provisions of any ordinance, parts of ordinances, or a resolution shall be repealed by such adopting ordinance, shall be affected, released or in any way discharged by such repeal; but the trial, conviction and punishment of such offense and the recovery of the fines, forfeitures and penalties shall be had in all respects as if such provisions had remained in force.
C.
No action, prosecution, suit or proceeding, pending at the time any ordinance or parts of ordinance shall be repealed by the adopting ordinance, shall be in any way affected by such repeal, except that any such action, prosecution, suit or proceeding had and commenced after the adopting ordinance goes into effect shall be conducted in conformity with the provisions of this Code, and shall be in all respects subject to the provisions thereof, so far as they are applicable.
[R.O. 2013 §1-5]
A.
The City Clerk shall keep three (3) copies of this Code of Ordinances. These copies shall be so preserved by the City Clerk that any and all amendments to or general ordinances affecting such codification shall be shown by appropriate notes. The purpose of this provision is to insure the maintenance in the office of the City Clerk of three (3) master copies of the codification in which shall be shown any and all changes which have taken place since the publication thereof.
B.
In determining whether or not any ordinances hereafter passed, or any part thereof, shall be noted in the copies of the codification so preserved by the City Clerk, and in determining the form of any such note and its location, if any doubt arises, the City Clerk shall be guided by the advice of the City Attorney.
[R.O. 2013 §1-7]
Any printed copy of this Code of Ordinances containing a printed certificate of the City Clerk as to the correctness of such codification shall be received in evidence in any court for the purpose of proving the ordinances therein contained the same and for the same purpose as the original ordinances, minutes or journals would be received.
[R.O. 2013 §1-8]
Any and all additions and amendments to this Code of Ordinances when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Arnold, Missouri", shall be understood and intended to include such additions and amendments.
[R.O. 2013 §1-9]
All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed Chapters, Sections and Subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the City Council.
[R.O. 2013 §1-10]
Each Section of ordinances enacted by the City Council shall be appropriately numbered.
[R.O. 2013 §1-12]
All Sections, Articles, Chapters or other provisions of this Code desired to be repealed should be specifically repealed by Section number, Article number, Chapter or other number, as the case may be.
[R.O. 2013 §1-13]
The catchlines of the several Sections of this codification 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 Sections, 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. 2013 §1-14]
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 Arnold, Missouri, to be misrepresented thereby.
[R.O. 2013 §1-15; Ord. No. 2.24 (Bill No. 140) §1, 9-5-1974]
It shall be unlawful for any person to mar, deface, alter or fraudulently produce any license, permit, certificate of approval, public notice or any other official printed matter issued by the City.
[R.O. 2013 §1-16; Ord. No. 2.7 (Bill No. 27) §3, 11-16-1972; Ord. No. 9.7 (Bill No. 1954) §1, 2-20-2003; Ord. No. 2.7 (Bill No. 2526) §1, 10-18-2012; Ord. No. 9.5 (Bill No. 2657) §1, 3-2-2017]
A.
Whenever in the Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of any such provision of this Code or ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both.
B.
Each day any violation of any provision of this Code or of any such ordinance shall continue shall constitute a separate offense.
C.
In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
D.
The term "misdemeanor," wherever the same may be used in this Code of Ordinances, shall be construed to mean and to stand in lieu of the words "a violation of this Code of Ordinances."
E.
Notwithstanding any provision of this Code to the contrary, any "minor traffic violation" or "municipal ordinance violation" as those terms are defined in Section 479.350 of the Revised Statutes of Missouri shall be subject to the following penalty provisions:
1.
Minor Traffic Violation. A fine not exceeding two hundred twenty-five dollars ($225.00).
2.
Municipal Ordinance Violation. For violations committed within a twelve (12) month period beginning with the first violation: two hundred ($200.00) for the first violation, two hundred seventy-five ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation, and four hundred dollars ($400.00) for the fourth and any subsequent violations.
3.
Unless otherwise prohibited, each day any minor traffic violation or municipal ordinance violation shall continue in violation of the Code, said continuation shall constitute a separate offense.
[R.O. 2013 §1-17]
In case of the amendment by the City Council of any Section of this Code for which a penalty is not provided, the general penalty as provided in Section 100.140 of such Code shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.