[R.O. 1992 § 100.010; CC 1970 § 1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated "The Code of the City of Washington, Missouri" and may be so cited. Such ordinances may also be cited as "Washington City Code."
[R.O. 1992 § 100.020; CC 1970 § 1-2; Ord. No. 7230, 6-15-1992]
A. 
In the construction of this Code and of all other ordinances of the City, 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:
CITY
The City of Washington, Missouri.
CITY COUNCIL
The words "City Council" or "the Council" shall mean the City Council of Washington.
COMPUTATION OF TIME
The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded.[2]
COUNTY
The County of Franklin, State of Missouri.
GENDER
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.[3]
JOINT AUTHORITY
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.[4]
MINOR TRAFFIC VIOLATION
A City traffic ordinance violation that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Missouri Department of Revenue, or the Missouri Department of Revenue is authorized to assess no more than four (4) points to a person's driving record upon conviction. A "minor traffic violation" shall include amended charges for any minor traffic violation. "Minor traffic violation" shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.
MONTH
A calendar month.[5]
NUMBER
When any subject matter, party or person is described or referred to by words importing the singular number, the plural and several matters and persons and bodies corporate shall be deemed to be included.[6]
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" 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
Shall include 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, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.[7]
PRECEDING, FOLLOWING
Shall mean next before and next after, respectively.[8]
PROPERTY
Shall include real and personal property.[9]
PUBLIC WAY
Shall include 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.[10]
SHALL, MAY
"Shall" is mandatory; "May" is permissive.
SIDEWALK
That portion of the street right-of-way 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 State of Missouri.
STREET
Shall mean and include 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
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
Shall include 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.[11]
YEAR
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."[12]
[2]
State Law Reference: For similar provisions, see § 1.040, RSMo.
[3]
State Law Reference: For similar provisions, see § 1.030.2, RSMo.
[4]
State Law Reference: For similar provisions, see § 1.050, RSMo.
[5]
State Law Reference: For similar provisions, see § 1.020(10), RSMo.
[6]
State Law Reference: For similar provisions, see § 1.030.2, RSMo.
[7]
State Law Reference: For similar provisions, see § 1.020(11), RSMo.
[8]
State Law Reference: For similar provisions, see § 1.020(14), RSMo.
[9]
State Law Reference: For similar provisions, see § 1.020(15), RSMo.
[10]
State Law Reference: For similar provisions, see § 1.020(16), RSMo.
[11]
State Law Reference: For similar provisions, see § 1.020(21), RSMo.
[12]
State Law Reference: For similar provisions, see § 1.020(10), RSMo.
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.
C. 
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.
D. 
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.
[1]
State Law Reference: As to construction of statutes generally, see §§ 1.010 to 1.210, RSMo.
[R.O. 1992 § 100.030; CC 1970 § 1-3]
A. 
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 Section, 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 re-enacted.
B. 
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the adoption of "The Code of the City of Washington, Missouri," shall be considered as a continuation thereof and not as new enactments.
[R.O. 1992 § 100.040; CC 1970 § 1-4]
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 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 and Sections of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
[R.O. 1992 § 100.050; CC 1970 § 1-5]
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 ordinance repealing or modifying the same 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 anyway be affected, released or discharged but may be prosecuted, enjoyed and recovered as fully as if such ordinance or provision had continued in force, unless it shall be therein otherwise expressly provided.
[R.O. 1992 § 100.060; CC 1970 § 1-6]
When an ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided and such former ordinance, clause or provision is set forth at length.
[R.O. 1992 § 100.070; Ord. No. 4071 §§ 1-3, 10-16-1972]
A. 
General Penalty. Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense.
B. 
Exceptions.
1. 
The Court shall only sentence a person to confinement for a violation:
a. 
Involving alcohol or controlled substances;
b. 
Endangering the health or welfare of others; or
c. 
For eluding or giving false information to a Law Enforcement Officer.
2. 
The punishment of a "minor traffic violation," as defined by Section 100.020, shall be subject to the following provisions:
a. 
The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be two hundred twenty-five dollars ($225.00).
b. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
3. 
The punishment of a municipal ordinance violation for which penalties are authorized by Section 67.398, RSMo. (nuisances), Section 71.285, RSMo. (high grass and weeds and litter and debris nuisances), or Sections 89.120 and 89.490, RSMo. (zoning violations), shall be subject to the following provisions:
a. 
The maximum fine and court costs that can be imposed for such violation shall be:
(1) 
For the first violation within any twelve-month period of time: two hundred dollars ($200.00).
(2) 
For the second violation within any twelve-month period of time: two hundred seventy-five dollars ($275.00).
(3) 
For the third violation within any twelve-month period of time: three hundred fifty dollars ($350.00).
(4) 
For the fourth and any subsequent violation within any twelve-month period of time: four hundred fifty dollars ($450.00).
b. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
4. 
A person shall not be placed in confinement for failure to pay a fine unless such non-payment violates terms of probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Court.
C. 
Except where otherwise provided, each and every day any violation of this Code or any ordinance of the City, or any rule, regulation, order or notice promulgated by any officer or agency of the City under authority duly vested in him/her or it shall constitute a separate offense.
D. 
Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.
E. 
In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Subsection (A) of this Section 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.
[1]
State Law Reference: As to authority of Third Class Cities to prescribe penalties, see § 77.590, RSMo.
[R.O. 1992 § 100.080; R.O. of 1942, §§ 789, 790; CC 1970 § 1-8]
A. 
The device of the common Seal of the City shall be a blacksmith, holding a sledge in uplifted arm in the act of striking a piece of iron held in his/her left hand and resting upon an anvil. The Seal of the City shall be so engraved as to present by its impression the device aforesaid, surrounded by a scroll, inscribed with the words "Seal of the City of Washington, Missouri" in Roman capitals.
B. 
Such Seal shall be circular in form, and not more than two (2) inches in diameter.
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.
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.