This Code contains all ordinances of a general
and permanent nature of the City of Salisbury, 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 Salisbury, Missouri."
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.
A. 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
100.220 of this Code.
B. 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.
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.
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:
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 Salisbury, Missouri.
COUNTY
The words "the County" or "this County" or "County" shall
mean the County of Chariton, Missouri.
DAY
A day of twenty-four (24) hours beginning at 12:00 Midnight.
MAYOR
An officer of the City known as the "Mayor of the Board of
Aldermen of the City of Salisbury, Missouri."
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."
OFFENSE
Shall mean and be the same as ordinance violation and is punishable as provided in Section
100.220 of this Code.
OWNER
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.
PERSON
May extend and be applied to bodies politic and corporate,
and to partnerships and other unincorporated associations.
PERSONAL PROPERTY
Includes money, goods, chattels, things in action and evidences
of debt.
PRECEDING or FOLLOWING
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.
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 coextensive with lands, tenements and hereditaments.
SIDEWALK
That portion of the street between the curbline and the adjacent
property line which is intended for the use of pedestrians.
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.
TENANT or 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."
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 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.
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.
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.
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 that all such proceedings shall be conducted according
to existing procedural laws.
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.
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. 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.
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.