[2003 Code, § 10.01]
This codification of ordinances by and for the City of Winfield shall be designated as the “Code of Ordinances of the City of Winfield” and may be so cited.
[2003 Code, § 10.02]
For the purpose of this code, the following definitions and rules of construction shall apply unless the context clearly indicates or requires a different meaning.
When a bond is required, an undertaking in writing in such form and with such sureties as may be satisfactory to the Mayor is sufficient unless otherwise required by state law or this code.
The City of Winfield, Missouri.
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.
The legal boundary of the City of Winfield, Missouri.
The County of Lincoln, Missouri.
The Municipal Court of the city.
Unless otherwise expressly provided, definitions given within a title, chapter, subchapter, section or division apply only to words or phrases used in such title, chapter, subchapter, section or division.
Whenever a provision appears requiring an officer or the head of a department of the city to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
Following an official of the city, means the authorized agent, employee or representative of such official.
A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
In the interpretation and application of any provision of this code, it shall be held to be the minimum requirement 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 another more general provision imposed by the code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.
Natural persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
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 Board of Aldermen may be fully carried out.
A calendar month.
Whenever the name of an officer is given, it shall be construed as though the words “of the City of Winfield” were added.
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.
A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing.
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.
Applied to a building or land, 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.
A corporation, firm, partnership, association, organization and any other group acting as a unit, as well as individuals. PERSON 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 directors, officers, agents or members thereof who are responsible for any violation of such section.
Every species of property, except real property, as herein described.
Next before and next after, respectively.
Real, tangible and intangible personal property.
Any public way, park, cemetery, school yard or open space adjacent thereto, and all waterways.
Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
Including the terms PREMISES, REAL ESTATE or LANDS, shall be deemed to be co-extensive with lands, tenements and hereditaments.
The place adopted by a person as his or her place of habitation, and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his or her RESIDENCE.
The Revised Statutes of Missouri, as amended.
The seal of the City of Winfield.
The word SHALL, as used in this code, is mandatory; MAY is permissive or discretionary.
The portion of the street between the curb line and the adjacent property line, intended for the use of pedestrians.
Where the written signature or subscription of any natural person is required, the proper handwriting of such person or his or her mark, when such person cannot write, shall be intended.
The State of Missouri.
Any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include every other of them.
Goods, chattels and all personal property, except intangible personal property.
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.
Words used in the past or present tense include the future as well as the past and present.
Seven days.
Printing, lithographing or other modes of representing words and letters; but, in all cases where the signature of any natural person is required, the proper handwriting of the person, or his or her mark, is intended.
A calendar year, unless otherwise expressed.
[2003 Code, § 10.03]
Unless otherwise provided in this code, this code shall apply to acts performed within the corporate limits of the city. The provisions of this code shall also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the city to regulate such particular acts outside the corporate limits.
[2003 Code, § 10.04]
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 sections, 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 reenacted.
[2003 Code, § 10.05]
The provisions appearing in this code and ordinances existing at the time of the effective date of this code shall be considered as continuation thereof and not as new enactments.
[2003 Code, § 10.06]
It is hereby declared to be the intention of the Board of Aldermen that the sections, divisions, sentences, clauses and phrases of this code are severable and, if any phrase, clause, sentence, division or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, divisions and sections 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 phrase, clause, sentence, division or section.
[2003 Code, § 10.07]
(A)
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 divisions 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 by the Board of Aldermen.
(B)
Amendments to any of the provisions of this code should be made by amending such provisions by specific reference to the section of this code in substantially the following language: “That section of the Code of Ordinances of the City of Winfield, Missouri, is hereby amended to read as follows: (Set out new provisions in full)”.
(C)
When the Board of Aldermen desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code, which the Board of Aldermen desires to incorporate into the code, a section in substantially the following language shall be made a part of the ordinance: “Section . It is the intention of the Board of Aldermen, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Winfield, Missouri, and the sections of this ordinance may be renumbered to accomplish such intention”.
(D)
All titles, chapters, subchapters or sections of this code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.
[2003 Code, § 10.08]
(A)
By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the Board of Aldermen. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the Board during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.
(B)
In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.
(C)
When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into the unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections and other divisions of the code printed in the supplement, and make changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other divisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other division numbers;
(4)
Change the words “this ordinance” or words to the same meaning to “this chapter”, “this subchapter”, “this division” and the like, as the case may be, or to “sections to ” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and
(5)
Make other non-substantive changes necessary to preserve the original meaning of ordinance sections inserted into the code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.
[2003 Code, § 10.09]
(A)
(1)
The City Clerk shall keep two copies of this code.
(2)
These copies shall be printed or otherwise mounted to withstand heavy usage and preserved by the City Clerk in a book or binder in looseleaf form, or in such other form as the Board of Aldermen may consider most expedient, so that all amendments thereto and all general ordinances hereafter passed may be inserted in their appropriate places in such volumes, and all sections of this code or ordinances repealed from time to time may be extracted therefrom for the purpose of maintaining the two copies in such condition that they will show all general ordinances passed up to date at any time in such manner that ready reference may be had thereto.
(B)
In determining whether or not any ordinance hereafter passed, or any part thereof, shall be inserted in such volume, and in determining the form, chapter, article or section which shall be taken out, if any doubt arises, the City Clerk shall be guided by the advice of any regular or special city counselor.
[2003 Code, § 10.10]
The ordinances in this code are organized into titles, chapters, subchapters, sections and divisions, as identified in the following definitions.
(A)
Title. TITLE is the largest unit of organization in this code. TITLES divide ordinances and resolutions by broad subject matter into the following categories:
I. | General Provisions |
III. | Administration |
V. | Public Works |
VII. | Traffic Code |
IX. | General Regulations |
XI. | Business Regulations |
XIII. | General Offenses |
XV. | Land Usage |
(B)
Chapter. A CHAPTER organizes the information that is contained within a title.
(C)
Subchapter. A SUBCHAPTER itemizes the information found in a chapter by breaking it into smaller parts according to subject matter.
(D)
Section. A SECTION is the basic unit of a code, designated by the symbol “§”.
(E)
Division. A DIVISION separates a section into paragraphs, designated by letters and numbers as follows.
(A) First division. | |
(1) Second div.ision. | |
(a) Third division. | |
1. Fourth division. | |
a. Fifth division. |
[2003 Code, § 10.11]
(A)
Designated. United States standard time for the zone in which the city is located shall be the official time of the city, but if that time is not later than the mean astronomical time of the ninetieth degree of longitude west from Greenwich, the official time for the city shall be advanced one hour from 2:00 a.m. on the last Sunday in April until 2:00 a.m. on the last Sunday in October.
(B)
Referred to in ordinances, notices, documents and the like.
(1)
When reference is made to any time without qualification in any ordinance, resolution or order heretofore passed or which may be passed hereafter by the Board of Aldermen or in any official notice, advertisement or document of the city or in any contract to which the city is a party, it shall be understood to refer to the official time of the city as described in division (A) above.
(2)
When the words “daylight saving time” are used, the reference shall be to the advanced time therein prescribed as the official time from the last Sunday in April until the last Sunday in October.
(C)
Application. In all ordinances, resolutions or orders of the Board of Aldermen and in all official notices, advertisements or documents of the city and in all contracts to which the city is a party relating to the time of performance of any act by any officer or department of the city or relating to the time within which any rights shall accrue or determine or within which any act shall or shall not be performed by any person, it shall be understood and intended that the time shall be the official time of the city as prescribed in division (A) above.
(D)
Public timepieces. All clocks or other timepieces in or upon public buildings or other premises maintained at the expense of the city shall be set and run according to the official time, as provided in division (A) above. It is hereby made the duty of the officer or other person having control and charge of any such building and premises to see that the clocks or other timepieces are set and run in accordance with official time.
[2003 Code, § 10.12]
When the code shall be printed and bound, it shall be deemed a sufficient publication of all ordinances contained therein, and they shall be received in evidence without further proof in all cases, suits or proceedings had, instituted or prosecuted under the provisions thereof, and in pleading any ordinance or part of ordinance in prosecutions and proceedings had by virtue of any of the provisions thereof, it shall be sufficient to designate the number of the section or chapter under which the action is instituted or proceedings had.
[2003 Code, § 10.13]
In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
[2003 Code, § 10.99; Ord. 13-003, passed 7-8-2013]
(A)
General penalty provisions.
(1)
Whenever in this code or in any ordinance of the city, or in any rule, regulation, notice, condition, term 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 or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance, rule, regulation, order or notice shall be punished by a fine not exceeding $500 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment; but, in any case wherein the penalty for an offense is fixed by any statute, the same penalty shall apply.
(2)
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.
(3)
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.
(B)
Equitable relief. In addition to any other remedies or penalties established for violations of any ordinance or code section, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the city under duly vested authority, the city official responsible for the enforcement of such ordinance, code section, rule, regulation, notice, condition, term or order may, on behalf of the city and after approval by the Board of Aldermen, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with such ordinance, code section, rule, regulation, notice, condition, term or order. In such action, the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the city may be awarded by the court reasonable attorney fees as allowed by law.
(C)
Restrictions on delinquent applicants.
(1) APPLICANT RELATED PERSON OR ENTITY(a) (b) (c) RELEVANT LAW(a) (b) (c)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
An individual or a corporation, firm, partnership, joint venture, association, organization or entity of any kind, including any shareholder, owner, officer, partner, joint venturer or member of such entity or any other person holding an ownership interest in such entity requesting any city permit, license, franchise or other approval.
A firm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds any stock, title or other ownership interest of at least 20%;
A firm, partnership, joint venture, association, organization or entity of any kind which holds any stock, title or other ownership interest in the applicant of at least 20%; or
An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or in any other manner.
Any statute or regulation of the United States or the state;
Any ordinance or code section of the city, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the city under duly vested authority of the city; or
Any final judgment or order of any court of competent jurisdiction, when a statute, ordinance, code section, rule, regulation, notice, condition, term, order or judgment at issue regulates conduct or conditions germane to the issuance of the requested permit, license, franchise or other approval as provided by the applicable ordinance or code section of the city.
(2)
In enforcing or administering the ordinances of the city, no permit, license, franchise or approval of any kind shall be granted to any applicant:
(a)
Who is charged with, or in violation of, any relevant law; or
(b)
Who is related to or associated with a related person or entity who is charged with, or in violation of, any relevant law, until such time as the applicant or the related person or entity resolves the pending charge or comes into compliance with the relevant law.
(3)
The reviewing or enforcement officer may consider past violations of relevant law by an applicant or a related person or entity in considering whether to issue a permit, license, franchise or approval requested by an applicant.
(4)
The reviewing or enforcement officer may refuse to accept the refiling of a denied application for one year from the date of the denial unless the officer finds that the application has been substantially revised, or that substantial new facts or change in circumstances warrant reapplication.
(5)
Any aggrieved applicant may appeal the decision of the reviewing or enforcement officer to the Board of Aldermen within five business days of said decision. The Board of Aldermen may reverse or modify the decision of the reviewing or enforcement officer; provided, the applicant:
(a)
Establishes a good-faith effort to effect compliance with this section and any relevant law or, if applicable, an inability to do so because of the ownership structure of any pertinent related entity; or
(b)
Establishes that the applicant has not been charged with, or is not in violation of, any relevant law.