[R.O. 1996 § 100.030]
This Code contains all ordinances
of a general and permanent nature of the City of Gerald, 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.
[R.O. 1996 § 100.040]
This Code may be known and cited
as the "Municipal Code of the City of Gerald, Missouri."
[R.O. 1996 § 100.050; Ord. No. 833 § 1, 1-12-2017]
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.
[R.O. 1996 § 100.060; Ord. No. 833 § 2, 1-12-2017]
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
100.250 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.
[R.O. 1996 § 100.070]
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.
[R.O. 1996 § 100.080]
All amendments to this Code, duly
passed by the Board of Aldermen, shall be prepared by the City Clerk
for insertion in this Code.
[R.O. 1996 § 100.090]
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.
CIRCUIT COURT
The 20th Judicial Circuit of the State of Missouri.
[Ord. No. 885, 4-11-2019]
CITY
The words "the City" or "this City" or "City" shall mean
the City of Gerald, Missouri.
COUNTY
The words "the County" or "this County" or "County" shall
mean the County of Franklin, 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 Gerald, Missouri."
MUNICIPAL ORDINANCE VIOLATION
A Municipal Code violation prosecuted for which penalties
are authorized by Statute under Sections 67.398, 71.285, 89.120, and
89.490, RSMo. The term "municipal ordinance violation" shall include
amended charges for municipal ordinance violations.
[Ord. No. 825 § 1, 11-10-2016]
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
100.250 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
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.
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.
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 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.
D. No provision of this Code shall apply to
any circumstance in which such application shall be unlawful under
superseding Federal or State law and furthermore, if any Section,
Subsection, sentence, clause, phrase, or portion of this Code is now
or in the future superseded or preempted by State or Federal law or
found by a court of competent jurisdiction to be unauthorized, such
provision shall be automatically interpreted and applied as required
by law.
[Ord. No. 833 §
3, 1-12-2017]
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.
[R.O. 1996 § 100.095; Ord. No. 833 § 4, 1-12-2017]
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.
[R.O. 1996 § 100.100; Ord. No. 868 § 2, 2-22-2018]
The City shall be entitled to enforce
any provision of this Code through all remedies lawfully available,
and any person determined judicially to have violated the terms of
this Code shall further be liable to pay the City's costs and attorneys'
fees in enforcing such Code provisions. Additionally, any user of
City services, right-of-way or other City facilities or property shall,
as a condition of such use or continued use, to the full extent permissible
by law, be liable to pay the City's costs and attorneys' fees incurred
in enforcing any lawful requirement applicable to such use, whether
arising in contract, Statute, ordinance, or other enforceable duty
as to such use.
[R.O. 1996 § 100.110; Ord. No. 868 § 2, 2-22-2018]
A. Any person who fails to hold and maintain
a current and valid agreement with the City to use the City's land
or facilities has no right to holdover and shall be subject to the
provisions and City remedies of this Subsection in addition to all
other remedies and penalties as may otherwise exist in applicable
law. Any claimed holdover right shall be deemed void and terminated
upon expiration of a valid use agreement unless the City has affirmatively
in writing authorized the holdover, or as otherwise may be required
by law. Where an agreement, lease, or other agreement for use of public
land and/or facilities expires, and in addition to any penalties or
other requirements therein, the licensee during any period without
a valid agreement shall, during any period of unauthorized use:
1.
Indemnify the City from any liability
arising from the use;
2.
Pay any damages and costs of the
City from such use, including attorneys' fees incurred in enforcing
this Chapter; and
3.
Make payment of compensation in the
amount of two times the monthly rent based on the greater of either
the last expired agreement or the fair market value, if a holdover,
and two (2) times the market rental value reasonably determined by
the City, if no prior agreement, until a valid agreement is executed
with the City or the attachments and/or use is fully removed, the
property restored and all obligations to the City satisfied.
B. Unless otherwise provided in an unexpired
agreement, the licensee shall also be responsible for interest on
all amounts owed and at a rate of one and one-half percent (1 1/2%)
per month. Nothing in these provisions, remedies or compensation requirements,
or acceptance or enforcement thereof by the City, shall be deemed
to accept or authorize any use of public property without a required
agreement, or after the expiration of such agreement, or otherwise
in violation of applicable requirements.
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.