[Code 1969, § 1-1]
The ordinances embraced in this and the following chapters and
sections shall constitute and be designated the "Butler City Code."
[Code 1969, § 1-2]
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:
Generally. In the interpretation and application
of any provision of this Code, it shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any provision of the
Code imposes greater restrictions upon the subject matter than the
general provision imposed by the Code, the provision imposing the
greater restriction or regulation shall be deemed to be controlling.
All provisions shall be liberally construed so that the intent may
be effectuated.
City, municipality. "City" or "municipality"
means the City of Butler, Missouri.
City Council. "City Council" or "Council" means
the City Council of the City of Butler, Missouri.
Code. "Code" means the "Butler City Code" as designated in § 1-1.
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. If the last day is Sunday or a legal holiday,
it shall be excluded.
County. "County" means Bates County, Missouri.
Delegation of authority. A provision requiring
a City officer or City employee to do some act is to be construed
to authorize such officer or employee to designate, delegate and authorize
subordinates to perform the required act.
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.
Governor. "Governor" means the governor of
this state.
Joint authority. Words importing joint authority
to three or more persons shall be construed as authority to a majority
of such persons.
May. "May" is to be construed as being permissive.
May not. "May not" has a prohibitory effect
and states a prohibition.
Month. "Month" means a calendar month.
Must. "Must" is to be construed as being mandatory
and not permissive.
Nontechnical and technical words. Words and
phrases shall be construed according to the common and approved usage
of the language; but technical words and phrases and such others as
may have acquired a peculiar and appropriate meaning in law shall
be construed and understood according to such meaning.
Number. 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.
Oath. "Oath" is to 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"
are equivalent to the words "affirm" and "affirmed."
Owner. "Owner," applied to a building or land,
includes 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. "Person" includes 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 provision
prescribing a penalty or fine, as to partnerships or associations,
the word includes the partners or members thereof, and as to corporations,
includes the officers, agents or members thereof who are responsible
for the violation.
Personal property. "Personal property" includes
money, goods, chattels, things in action and evidences of debt.
Preceding, following. "Preceding" and "following"
mean next before and next after, respectively.
Property. "Property" includes real and tangible
and intangible personal property.
Public way. "Public way" includes any street,
alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
Real property, etc. "Real property," "premises,"
"real estate" or "lands" are co-extensive with lands, tenements and
hereditaments.
RSMo. "RSMo" means the Revised Statutes of
Missouri.
Shall. "Shall" is to be construed as being
mandatory.
Sidewalk. "Sidewalk" means 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 mark
shall be intended.
State. "State" means the State of Missouri.
Street. "Street" includes any public way, highway,
street, avenue, boulevard, parkway, alley or other public thoroughfare.
Each of such words includes all of them.
Tangible personal property. "Tangible personal
property" includes goods, chattels and all personal property, except
intangible personal property.
Tenant, occupant. "Tenant" or "occupant," applied
to a building or land, includes any person who occupies the whole
or a part of such building or land, whether alone or with others.
Writing. "Writing" and "written" include printing,
lithographing or any other mode of representing words and letters.
Year. "Year" means a calendar year, unless
otherwise expressed. "Year" is equivalent to the words "year of our
Lord."
[Code 1969, § 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 are not to be deemed or taken to be titles of such section
nor as any part of the section, nor, unless expressly so provided,
are they to be so deemed when any of such sections, including the
catchlines, are amended or reenacted.
(b)
The history or source notes appearing in the parentheses after sections
in this Code are not intended to have any legal effect but are merely
intended to indicate the source of matter contained in the section.
Cross references and state law references which appear after sections
or subsections of this Code or which otherwise appear in footnote
form are provided for the convenience of the user of this Code and
have no legal effect.
(c)
All references to chapters, articles or sections are to the chapters,
articles and sections of this Code unless otherwise specified.
[Code 1969, §§ 1-5, 1-6]
(a)
The repeal of an ordinance shall not revive any ordinances in force
before or at the time the ordinance repealed took effect.
(b)
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 anywise be affected, released or discharged but
may be prosecuted, enjoyed and recovered as fully as if such ordinance
or provisions had continued in force, unless it shall be therein otherwise
expressly provided.
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion herein,
or, in the case of repealed chapters, sections and subsections or
any part thereof by subsequent ordinances, such repealed portions
may be excluded from the Code by omission from reprinted pages affected
thereby and the subsequent ordinances as numbered and printed or omitted,
in the case of repeal, shall be prima facie evidence of such subsequent
ordinances until such time that this Code and subsequent ordinances
numbered or omitted are readopted as a new code of ordinances by the
Council.
[Code 1969, § 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 they 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.
[Code 1969, § 1-7]
(a)
In this section "violation of this Code" means:
(1)
Doing an act that is prohibited or made or declared unlawful or an
offense by ordinance or by rule or regulation authorized by ordinance;
(2)
Failure to perform an act that is required to be performed by ordinance
or by rule or regulation authorized by ordinance; or
(3)
Failure to perform an act if the failure is declared an offense or
unlawful by ordinance or by rule or regulation authorized by ordinance.
(b)
In this section "violation of this Code" does not include the failure
of a City officer or City employee to perform an official duty unless
it is provided that failure to perform the duty is to be punished
as provided in this section.
(c)
Except as otherwise provided, a person convicted of a violation of
this Code shall be punished by a fine not exceeding $500, or imprisonment
for a term not exceeding three months or both such fine and imprisonment.
With respect to violations of this Code that are continuous with respect
to time, each day the violation continues is a separate offense.
(d)
Whenever any state statute expands or limits the authority of the
City to punish a violation of this Code to a fine of a lesser amount
than that provided in this section or imprisonment for a shorter term
than that provided in this section, then such violation of this Code
shall be punished within the limits provided by such statute. Whenever
any provision of the state statute establishes a penalty different
from that provided by this section for an offense similar to any violation
of this Code, such violation shall be punished by the fine or imprisonment
established for such similar offense by state statute.
(e)
The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise.
(f)
Violations of this Code that are continuous with respect to time
may be abated by injunctive or other equitable relief. The imposition
of a penalty does not prevent equitable relief.
[Code 1969, § 1-3]
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
this Code, shall be considered as a continuation thereof and not as
new enactments.
(a)
Nothing in this Code or the ordinance adopting this Code shall affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing before
the effective date of this Code.
(b)
The adoption of this Code shall not be interpreted as authorizing
or permitting any use or the continuance of any use of a structure
or premises in violation of any ordinance of the City in effect on
the date of adoption of this Code.
(a)
Nothing in this Code or ordinance adopting this Code shall affect
any ordinance:
(1)
Promising or guaranteeing the payment of money for the City, or authorizing
the issuance of any bonds of the City or any evidence of the City's
indebtedness or any contract or obligation assumed by the City;
(2)
Granting any right or franchise;
(3)
Dedicating, naming, establishing, locating, relocating, opening,
paving, widening, vacating, etc., any street or public way in the
City;
(4)
Making any appropriation;
(5)
Levying or imposing taxes not inconsistent with this Code;
(6)
Establishing or prescribing grades in the City;
(7)
Providing for special assessments of specific property;
(8)
Dedicating, accepting, rejecting or vacating any plat or subdivision
in the City;
(9)
Relating to unions;
(10)
Extending or contracting the boundaries of the City;
(11)
Prescribing the number, classification, benefits or compensation
of any City officers or employees;
(12)
Rezoning specific property;
(13)
Establishing sewer districts;
(14)
Which is temporary, although general in effect;
(15)
Which is special, although permanent in effect;
(16)
The purpose of which has been accomplished.
[Ord. No. 1089, § 3, 2-5-2019]
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.
