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1-2{30} PUBLIC PLACE
PUBLIC PLACE The term "public place" shall mean any public street, park, cemetery, schoolyard, public library, municipal building or open space adjacent thereto.
1-2{31} REAL PROPERTY
REAL PROPERTY The term "real property" shall include lands, tenements and hereditament.
1-2{32} RESIDENCE
RESIDENCE The word "residence" shall be construed to mean the place adopted by a person as their place of habitation, and to which, whenever that person is absent, such person 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 their residence.
1-2{33} SEAL
SEAL Whenever the word "Seal" is used, it shall mean the City or Corporate Seal.
1-2{34} SIDEWALK
SIDEWALK The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
1-2{35} SIGNATURE or SUBSCRIPTION
SIGNATURE or SUBSCRIPTION The "signature" or "subscription" of a person shall include a mark when the person cannot write.
1-2{36} STATE
STATE The words "the state" shall be construed to mean the State of Missouri.
1-2{37} STREET
STREET The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
1-2{38} TENANT; OCCUPANT
TENANT; OCCUPANT The words "tenant" or "occupant" applied to a building or land shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
1-2{39} TENSE
TENSE Words used in the past or present tense include the future as well as the past and present.
1-2{40} WEEK
WEEK The word "week" shall be construed to mean seven days
1-2{41} WRITTEN; IN WRITING
WRITTEN; IN WRITING The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
1-2{42} YEAR
YEAR The word "year" shall mean a calendar year.
§ 1-3 Catch lines of sections.
The catch lines 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, or 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 reenacted.
§ 1-4 Effect of repeal of ordinances.
When a law repealing a former law, clause or provision is itself repealed, it does not revive the former law, clause or provision, unless it is otherwise expressly provided; nor shall any law repealing any former law, clause or provision abate, annul or in any wise affect any proceedings had or commenced under or by virtue of the law so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing law had not passed, unless it is otherwise expressly provided. No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any statutory provision is repealed or amended, shall be affected by the repeal or amendment, but the trial an...
§ 1-5 Severability.
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 by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
§ 1-6 Amendments.
[ Ord. No. 7230 , § 2, 7-19-1984 ] All ordinances passed subsequent to this Code of Ordinances which amend, repeal, or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. 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. The deletion of any portion of the Code shall be prima facie evidence of such subsequent ordinances causing such deletion. Amendments to any of the provisions of this Code should specifically refer to such Code sections. Additions to this Code should contain the Code sections to be added....
§ 1-7 Alteration or tampering prohibited.
It shall be unlawful for any person in the City 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 Code in any manner whatsoever which will cause the law of the City of Kirkwood to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in § 1-8 hereof.
§ 1-8 Violations and penalties.
[Gen. Ords. 1959, § 1.07; Ord. No. 5533 , § 1, 9-21-1972 ; Ord. No. 8845 , § 1, 9-2-1999 ; Ord. No. 10288 , § 1, 10-1-2015 ] (a) Any person who violates any provision of this Code or any ordinance of the City is guilty of an offense. (b) Upon conviction of an offense that is not a minor traffic violation and where no specific penalty is otherwise prescribed, the court may assess a fine of not less than $5 but not more than $1,000, or imprisonment for a period not exceeding three months, or by both such fine and imprisonment. (c) Upon conviction of an offense for a minor traffic violation, the court shall not assess a fine, if combined with the amount of court costs, totaling in excess of $300 and the court shall not sentence a person to confinement, excep...
§ 1-9 Prosecution where different penalties exist for same offense.
[ Ord. No. 7230 , § 3, 7-19-1984 ] 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 City Attorney may elect under which to proceed; but not more than one recovery of fine or imprisonment shall be had against the same person for the same offense.