This Code contains all ordinances of a general and permanent
nature of the Village of Hanley Hills, 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
Village of Hanley Hills, Missouri."
[R.O. 2012 §100.050]
The Official Copy of this Code, bearing the signature of the
Chairperson and attestation of the Village Clerk as to its adoption,
shall be kept on file in the office of the Village Clerk. Two (2)
additional copies of this Code shall be kept in the Village Clerk's
office to be available for public inspection.
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 Village to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Chapter
100, Article
III of this Code.
B. This provision shall not apply to amendments, additions or deletions
to this Code, duly passed by the Board of Trustees, which may be prepared
by the Village 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
Village, 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 Trustees, 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.
CHAIRPERSON
An officer of the Village known as the Chairperson of the
Board of Trustees of the Village of Hanley Hills, Missouri.
COUNTY
The words "the County" or "this County" or "County" shall
mean the County of St. Louis, Missouri.
DAY
A day of twenty-four (24) hours beginning at 12:00 Midnight.
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 Chapter
100, Article
III 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 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.
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.
VILLAGE
The words "the Village" or "this Village" or "Village" shall
mean the Village of Hanley Hills, Missouri.
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 Village
it is required that notice be published in the "official newspaper"
or a "newspaper of general circulation published in the Village,"
and if there is no newspaper published within the Village, the said
notice shall be published in a newspaper of general circulation within
the Village, 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 Village 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.
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.
It is hereby declared to be the intention of the Board of Trustees
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 Trustees 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 Village 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 Village 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.