This Code contains all ordinances of a general and permanent
nature of the City of Greenwood, 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 Greenwood, 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 Greenwood, Missouri.
COUNTY
The words "the County" or "this County" or "County" shall
mean the County of Jackson, and the County of Cass, 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 Greenwood, 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 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, 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, OCCUPANT
The word "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.
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.
[Ord. No. 2020-2996, 6-23-2020]
A. Any
member of a public governmental body, or any City of Greenwood, Missouri,
employee, whether full-time, part-time, contractual, a volunteer,
or any other person who has been entrusted with a "closed record"
as defined in Chapter 610, RSMo., or who has been entrusted with information
which if written would be considered a closed record pursuant to Chapter
610, RSMo., who discloses any closed record, or any such information
shall be guilty of an offense under the ordinances of the City.
B. No
person attending a closed meeting of a public governmental body as
defined by Chapter 610, RSMo., shall disclose to any person not entitled
to be in attendance at the closed meeting any information which was
made or received by any person present in the closed meeting and which
is related to the topic(s) for which any closed meeting was properly
called. A person violating this Section shall be guilty of an offense
under the ordinances of the City.
C. Upon
conviction of an offense under this sSection, a person may be punished
by a fine of not more than five hundred dollars ($500.00), ninety
(90) days in jail, or both.
D. Any
such person who is employed or working for the City may also be subject
to the termination of his or her employment as a result of such disclosure.
E. Any
such person who is an elected official may also be subject to impeachment
from his or her office as a result of such disclosure, as further
set forth in Section 79.240, RSMo., as amended.
F. It
shall not be a violation of this Section:
1. To disclose a closed record or any information about the contents
of a closed meeting to a Law Enforcement Officer for the purpose of
investigation or enforcement of the provisions of this Section;
2. To disclose information that the public governmental body votes to
make public; or
3. To disclose information to the extent that disclosure is otherwise
required by law.
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.