[R.O. 1988 § 1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and may be designated the "Code of the City of Rolla, Missouri" and may be so cited. Such ordinances may also be cited as "Rolla City Code."
[R.O. 1988 § 1-2]
(a)
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 required otherwise:
(1)
Certified mail/certified mail with return receipt request. The terms "certified mail" or "certified mail with return receipt request" 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 record of the signature of the recipient.
(2)
City. The words "the City" or "this City" shall mean the City of Rolla, Missouri.
(3)
City Council. The words "City Council" or "the Council" shall mean the City Council of Rolla.
(4)
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; and if the last day is Sunday or a legal holiday, that shall be excluded.
(5)
County. The words "the county" shall mean the County of Phelps, State of Missouri.
(6)
Fiscal year. The word "fiscal year" shall mean the financial year of the City, and shall include that period of time from the first day of July of any calendar year to the 30th day of June of the next calendar year, both dates inclusive.
(7)
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.
(8)
Joint authority. Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.
(9)
Month. The word "month" shall mean a calendar month.
(10)
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.
(11)
Oath. The word "oath" shall 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" shall be equivalent to the words "affirm" and "affirmed."
(12)
Owner. The word "owner," 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.
(13)
Person. The word "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.
(14)
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
(15)
Property. The word "property" shall include real and tangible and intangible personal property.
(16)
Public way. The words "public way" shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
(17)
Real property. The terms "real property," "premises," "real estate" or "lands" shall be deemed to be co-extensive with lands, tenements and hereditaments.
(18)
Shall, may. The word "shall" is mandatory, and the word "may" is permissive.
(19)
Sidewalk. The word "sidewalk" shall mean that portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.
(20)
Signature. Where the written signature of any person is required, the proper handwriting of such person or their mark shall be intended.
(21)
State. The words "the state" or "this State" shall mean the State of Missouri.
(22)
Street. The word "street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.
(23)
Tangible personal property. "Tangible personal property" shall include goods, chattels and all personal property, except household goods, furniture, wearing apparel and articles of personal use and adornment owned and used by a person in their home or dwelling place, and intangible personal property.
(24)
Tenant, 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.
(25)
Writing. The word "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters.
(26)
Year. The word "year" shall mean a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."
(b)
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 City Council may be fully carried out.
[R.O. 1988 § 1-3; Ord. No. 1886 § 2; Ord. No. 1900 § 1]
(a)
The catch lines of the several Sections of this Code printed in boldface, italic or underlined 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 Section, nor as any part of the Section, nor, unless expressly so provided, shall they be so deemed when any of such Sections, including the catch lines, are amended or re-enacted.
(b)
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 the "Code of the City of Rolla, Missouri," shall be considered as a continuation thereof and not as new enactments.
[R.O. 1988 § 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 the same 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.
[R.O. 1988 § 1-5]
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 provision had continued in force, unless it shall be therein otherwise expressly provided.
[R.O. 1988 § 1-6]
When an ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided and such former ordinance, clause or provision is set forth at length.
[R.O. 1988 § 1-7; Ord. No. 1727 § 1]
(a)
Except as hereinafter provided, whenever in this Code or in any other ordinance of the City or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or in such other City ordinance, rule, regulation or order 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 therefor, the violation of any such provision of this Code or of any other ordinance of the City or of any rule, regulation or order promulgated pursuant to such Code or other City ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment for a period of not exceeding three (3) months, or by both such fine and imprisonment.
(b)
Whenever any provision of the Revised Statutes of Missouri or other statute of the State limits the authority of the City to punish the violation of any particular provision of this Code or other City ordinance or rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this Section or imprisonment for a shorter term than that provided in this Section, then the violation of such particular provision of this Code or other City ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine or imprisonment.
(c)
Each day any violation of this Code or any other City ordinance or rule, regulation or order promulgated pursuant thereto shall continue to constitute a separate offense, unless otherwise provided.
(d)
Penalties For Certain Minor Traffic Violations And Municipal Ordinance Violations.
(1) MINOR TRAFFIC VIOLATION MUNICIPAL ORDINANCE VIOLATION
Definitions. As used in this Section, the following terms shall have the meanings set out herein:
A municipal traffic ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue or the Department of Revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. "Minor traffic violation" shall include amended charges for any minor traffic violation. "Minor traffic violation" shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.
(2)
Minor Traffic Violations. Notwithstanding any provisions to the contrary herein, no minor traffic violation as defined in Subsection (d)(1) of this Section shall be punishable by:
a.
A fine that, when combined with the amount of court costs, exceeds two hundred twenty-five dollars ($225.00);
c.
Confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Court;
d.
Assessment of court costs against a defendant who the Municipal Court finds to be indigent based on standards set by the Presiding Judge of the Circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court;
e.
Assessment of court costs if a case has been dismissed; or
f.
Issuance of an additional charge for failure to appear.
(3)
Municipal Ordinance Violation. Notwithstanding any provisions to the contrary herein, no municipal ordinance violation as defined in Subsection (d)(1) of this Section shall be punishable as follows:
a.
For municipal ordinance violations committed within a twelve-month period beginning with the first violation, a fine that, when combined with the amount of court costs, exceeds:
1.
Two hundred dollars ($200.00) for the first municipal ordinance violation;
2.
Two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation;
3.
Three hundred fifty dollars ($350.00) for the third municipal ordinance violation; and
4.
Four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations.
c.
Confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Court;
d.
Assessment of court costs against a defendant who the Municipal Court finds to be indigent based on standards set by the Presiding Judge of the Circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court;
e.
Assessment of court costs if a case has been dismissed; or
f.
Issuance of an additional charge for failure to appear.
[R.O. 1988 § 1-8; Ord. No. 29 § 1]
The City seal heretofore used by the City shall be the seal of this City until changed by the City Council, and shall be attached to all ordinances, resolutions and orders passed by the City Council, and to the authentication of all official acts of the Mayor and City Clerk, and the City Clerk shall be the custodian of such seal.
[R.O. 1988 § 1-9; Ord. No. 2072 § 1, 12-12-1977; Ord. No. 3992 § 1, 2-7-2011]
The City Council of the City of Rolla, Missouri, does hereby accept and adopt the following designs representative of the City of Rolla, Missouri:
(a)
The Logo of the City of Rolla shall consist of the name of the City in the color blue imposed horizontally to be followed by the graphic lines of two (2) foothills containing a tree, a river and a cloud as illustrated herein.
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(b)
The Flag of the City of Rolla shall consist of the name of the City, "Rolla Missouri" in the color blue with blue stars separating the words and surrounding the outline of the Frisco Train logo containing the year "1861" also in the color blue contained within a white triangle from the left side of the flag. The top half of the remaining flag design will be in the color red with the lower half of the remaining flag design in the color blue as illustrated herein.
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[R.O. 1988 § 1-10; Ord. No. 1210 §§ 1 — 5; Ord. No. 2537 § 1, 6-1-1987; Ord. No. 2660 § 1, 11-7-1988]
(a)
The City Clerk is hereby designated as the custodial officer of the Code of the City.
(b)
The City Clerk shall keep all copies of such Code in their possession until such time as copies of such Code shall be distributed or sold, as hereinafter provided. The City Clerk shall keep a record in their office, which record will indicate the number of copies of such Code in their possession, the number of copies distributed and to whom distributed under the provisions of this Section, the number of copies sold under the provisions of this Section and the amount of money received from the sale of copies of such Code.
(d)
At least three (3) copies of the published Code 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.