This codification of ordinances by and for the City of Hawk
Point shall be designated as the Code of Hawk Point and may be so
cited.
Unless otherwise provided herein, or by law or implication required,
the same rules of construction, definition and application shall govern
the interpretation of this code as those governing the interpretation
of state law.
All provisions of Title I compatible with future legislation
shall apply to ordinances hereafter adopted amending or supplementing
this code unless otherwise specifically provided.
Headings and captions used in this code other than the title,
chapter and section numbers are employed for reference purposes only
and shall not be deemed a part of the text of any section.
[Prior Code, § 100.040]
(A) General rule. Words and phrases shall be taken in their plain, or
ordinary and usual sense. However, technical words and phrases having
a peculiar and appropriate meaning in law shall be understood according
to their technical import.
(B) Definitions. For the purpose of this code, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
BOARD OF ALDERMEN
The Board of Aldermen and Mayor constituting the municipal
legislative body.
COUNTY
Lincoln County, Missouri.
HERETOFORE and HEREAFTER
Whenever the word HERETOFORE occurs in the code, It shall
be construed to include any time previous to the day when such provisions
takes effect, and whenever the word HEREAFTER occurs it shall be construed
to include the time after the provision containing such word takes
effect.
MAY
The act referred to is permissive.
OATH
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.
PERSON
Extends to and includes person, persons, firm, corporation,
copartnership, trustee, lessee or receiver. Whenever used in any clause
prescribing and imposing a penalty, the terms PERSON or WHOEVER as
applied to any unincorporated entity shall mean the partners or members
thereof, and as applied to corporations, the officers or agents thereof.
SHALL
The act referred to is mandatory.
STATE
The State of Missouri.
SUBCHAPTER
A division of a chapter, designated in this code by a heading
in the chapter analysis and a capitalized heading in the body of the
chapter, setting apart a group of sections related by the subject
matter of the heading. Not all chapters have subchapters.
WEEK
Seven days, but publication in a newspaper of any notice
or other matter indicated to be for a stated number of weeks shall
be construed to mean one insertion in each week, unless specifically
stated to be for each day of the week or for more than one day in
each week, and all publications heretofore made in accordance with
the terms of this section are to be considered valid.
WRITTEN
Any representation of words, letters or figures, whether
by printing or otherwise.
YEAR
A calendar year, unless otherwise expressed.
The construction of all ordinances of this municipality shall
be by the following rules, unless such construction is plainly repugnant
to the intent of the legislative body or of the context of the same
ordinance:
(A) AND or OR. Either conjunction shall include the other as if written
"and/or," if the sense requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to
be done which, by law, an agent or deputy as well may do as the principal,
such requisition shall be satisfied by the performance of such act
by an authorized agent or deputy.
(C) Gender; singular and plural; tenses. Words denoting the masculine
gender shall be deemed to include the feminine and neuter genders;
words in the singular shall include the plural, and words in the plural
shall include the singular; the use of a verb in the present tense
shall include the future, if applicable.
(D) General term. A general term following specific enumeration of terms
is not to be limited to the class enumerated unless expressly so limited.
If any provision of this code as now or later amended or its
application to any person or circumstance is held invalid, the invalidity
does not affect other provisions that can be given effect without
the invalid provision or application.
Whenever in one section reference is made to another section
hereof, such reference shall extend and apply to the section referred
to as subsequently amended, revised, recodified or renumbered unless
the subject matter is changed or materially altered by the amendment
or revision.
Reference to a public office or officer shall be deemed to apply
to any office, officer, or employee of this municipality exercising
the powers, duties or functions contemplated in the provision, irrespective
of any transfer of functions or change in the official title of the
functionary.
If a manifest error is discovered, consisting of the misspelling
of any words; the omission of any word or words necessary to express
the intention of the provisions affected; the use of a word or words
to which no meaning can be attached; or the use of a word or words
when another word or words was clearly intended to express such intent,
such spelling shall be corrected and such word or words supplied,
omitted or substituted as will conform with the manifest intention,
and the provisions shall have the same effect as though the correct
words were contained in the text as originally published. No alteration
shall be made or permitted if any question exists regarding the nature
or extent of such error.
The official time, as established by applicable state and federal
laws, shall be the official time within this municipality for the
transaction of all municipal business.
(A) In all cases where an ordinance requires an act to be done in a reasonable
time or requires reasonable notice to be given, reasonable time or
notice shall be deemed to mean the time which is necessary for a prompt
performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall
be computed by excluding the first day and including the last. If
the last day is Sunday, it shall be excluded.
This code, from and after its effective date, shall contain
all of the provisions of a general nature pertaining to the subjects
herein enumerated and embraced. All prior ordinances pertaining to
the subjects treated by this code shall be deemed repealed from and
after the effective date of this code.
All ordinances of a temporary or special nature and all other
ordinances pertaining to subjects not embraced in this code shall
remain in full force and effect unless herein repealed expressly or
by necessary implication.
All ordinances passed by the legislative body requiring publication
shall take effect from and after the due publication thereof, unless
otherwise expressly provided. Ordinances not requiring publication
shall take effect from their passage, unless otherwise expressly provided.
(A) Whenever any ordinance or part of an ordinance shall be repealed
or modified by a subsequent ordinance, the ordinance or part of an
ordinance thus repealed or modified shall continue in force until
the due publication of the ordinance repealing or modifying it when
publication is required to give effect thereto, unless otherwise expressly
provided.
(B) No suit, proceedings, right, fine, forfeiture or penalty instituted,
created, given, secured or accrued under any ordinance previous to
its repeal shall in any way be affected, released or discharged, but
may be prosecuted, enjoyed and recovered as fully as if the ordinance
had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause or provision
shall be itself repealed, the repeal shall not be construed to revive
the former ordinance, clause or provision, unless it is expressly
provided.
(A) If the legislative body shall desire to amend any existing chapter
or section of this code, the chapter or section shall be specifically
repealed and a new chapter or section, containing the desired amendment,
substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new
chapter or section shall indicate, with reference to the arrangement
of this code, the proper number of such chapter or section. In addition
to such indication thereof as may appear in the text of the proposed
ordinance, a caption or title shall be shown in concise form above
the ordinance.
[Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord.
20, passed 1-1-1980; Ord. 25, passed 1-1-1985; RSMo. § 1.020;
Ord. 10, passed 1-17-1980; Ord. 20, passed 1-1-1995]
(A) As histories for the code sections, the specific number and passage
date of the original ordinance, and amending ordinances, if any, are
listed following the text of the code section.
(B)
(1)
If a statutory cite is included in the history, this indicates
that the text of the section reads substantially the same as the statute.
(2)
If a statutory cite is set forth as a "statutory reference"
following the text of the section, this indicates that the reader
should refer to that statute for further information.
Example:
§ 39.01 Public Records Available.
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This municipality shall make available to any person for inspection
or copying all public records, unless otherwise exempted by state
law.
|
Statutory reference:
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For provisions concerning the inspection of public
records, see RSMo. § 109.180
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(C) If a section of this code is derived from the previous code of ordinances
of the City, the previous code section number shall be indicated in
the history by "(Prior Code, § )."
[RSMo. § 79.470; Prior Code, § 100.050]
(A) Whenever in this 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 and where no penalty is fixed by statute,
the violation shall constitute an ordinance violation and shall be
punished by a fine of not less than $1 and not more than $500 or by
imprisonment not exceeding 90 days or both, recoverable with costs.
Each day any violation of any provision of this code or ordinance
shall continue shall constitute a separate offense.
(B) 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 ordinance shall be deemed an ordinance violation and may be,
by the City, abated as provide by law, and each day that such condition
continues shall be regarded as a new and separate offense.
(C) When imprisonment is ordered, it may be served in the county jail
as the Municipal Judge may direct. Whenever any punishment provided
by this code or ordinance shall exceed that provided for the same
offense by state law, the punishment section of such shall be void
in so far as its punishment exceeds the state limits, and the maximum
punishment provided by state law shall be imposed hereby.