[R.O. 2012 §100.010; CC 1973 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances
of the City of Excelsior Springs, Missouri", or simply as "the Code
of Ordinances" or "the Code".
[R.O. 2012 §100.020; CC 1973 §1-2]
A.Â
Nothing
contained in this Code of Ordinances or the ordinance adopting this
Code shall be construed to repeal or otherwise affect the following:
1.Â
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 ordinance;
2.Â
Any ordinance 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.
3.Â
Any appropriation ordinance.
4.Â
Any right or franchise granted by the City Council to any person,
firm or corporation;
5.Â
Any ordinance providing for local improvements or making assessments
therefor;
6.Â
Any ordinance annexing property to the City;
7.Â
Any ordinance enacted by the City after the 8th day of March, 1971;
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nor shall such repeal be construed to revive any ordinance or
part of an ordinance which is repealed by this ordinance.
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[R.O. 2012 §100.030; CC 1973 §1-3]
In the construction of this Code of Ordinances and of all ordinances,
the following definitions and rules or 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;
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.
Whenever the term "City Council" or the
word "Council" is used, unless the context required
otherwise, said term or word shall be construed to refer to the City
Council of the City of Excelsior Springs, Missouri.
The City of Excelsior Springs, Missouri.
The Code of Ordinances of Excelsior Springs, Missouri.
This "Codification" shall refer to the Code
of Ordinances of Excelsior Springs, Missouri.
The time within which an act is to be done shall be computed
by excluding the first (1st) and including the last day; and if the
last day be Sunday or a legal holiday, that shall be excluded.
Any person elected to the City Council, and shall include
those persons who hold other offices and who are ex officio.
Clay County or Ray County in the State of Missouri, whichever
is appropriate.
Whenever a provision appears in this Code requiring the head
of a department or an officer of the City 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.
When any subject matter, party or person is described or
referred to by words importing the singular number or the masculine
gender, several matters and persons, and females as well as males,
and bodies corporate as well as individuals, are included.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
Means and includes persons, firms, associations, corporations,
clubs and partnerships, whether acting by themselves or through a
servant, agent, or employee.
Shall mean the Mayor of the City of Excelsior Springs, Missouri.
The word "month" shall mean a calendar month.
Whenever the name of an officer is given it shall be construed
as though the words "of the City of Excelsior Springs, Missouri", were added.
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.
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.
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".
"Or" may be read "and",
and "and" may be read "or" if the
sense requires it.
The word "owner" applied to a building or
land, shall include any part owner, joint owner, tenant in common,
joint tenant by the entirety, of the whole or a part of such building
or land.
May extend and be applied to bodies politic and corporate,
and to partnerships and other unincorporated associations.
Includes money, goods, chattels, things in action and evidences
of debt.
When used by way of reference to any Section of the Statutes,
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.
The word "property" shall include real and
personal property.
Any park, cemetery, schoolyard or open space adjacent thereto.
Includes any street, alley, boulevard, parkway, highway,
sidewalk, or other public thoroughfare.
The terms "real property" or "premises" or "real estate" or "lands" shall
be deemed to be co-extensive with lands, tenements and hereditaments.
Construed to mean the place adopted by a person as his/her
place of habitation, and to which, whenever he/she is absent, he/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/her residence.
Whenever the word "seal" is used it shall
mean the City or Corporate Seal.
The portion of the street between the curbline and the adjacent
property line, intended for use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his/her mark shall be intended.
The words "the State" shall mean the State
of Missouri.
Shall mean and include any public way, highway, street, avenue,
boulevard, parkway, alley or other public thoroughfare, and each of
such words shall include every other of them.
The word "tenant" and "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.
Words used in the past or present tense include the future
as well as the past and present.
The word "week" shall be construed to mean
seven (7) days.
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.
Shall mean a calendar year.
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All general provisions, terms, phrases and expressions contained
in this Code of Ordinances shall be liberally construed in order that
the true intent and meaning of the City Council may be fully accomplished.
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[1]
State Law References — Definitions, rules of construction,
etc., §§1.020, et seq., RSMo.
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.
[R.O. 2012 §100.050; CC 1973 §1-5]
A.Â
The
City Clerk shall keep three (3) copies of the Code of Ordinances.
These copies shall be so preserved by the City Clerk that any and
all amendments to, or general ordinances affecting such codification,
shall be shown by appropriate notes. The purpose of this provision
is to insure the maintenance in the office of the City Clerk of three
(3) master copies of this codification in which shall be shown any
and all changes which have taken place since the publication thereof.
B.Â
In
determining whether or not any ordinances hereafter passed, or any
part thereof, shall be noted in the copies of the codification so
preserved by the City Clerk, and in determining the form of any such
note and its location, if any doubt arises, the City Clerk shall be
guided by the advice of the City Attorney or his/her assistants.
[R.O. 2012 §100.060; CC 1973 §1-6]
No officer or employee of the City shall issue, mail or distribute
as a publication of the City or any officer, department or branch
of the City Government any book, pamphlet, leaflet, card, circular
or other printed matter purporting to contain excerpts or quotations
from this codification or purporting to give the law on any subject
to the public, either as a reprint of any ordinance or other legislative
enactment, or as a digest, interpretation, resume, condensation, or
explanation of the same without first submitting such book, pamphlet,
leaflet, card, circular or other printed matter or portion of the
same which purports to give the law, to the City Clerk for examination
and approval as to form and as to whether or not the law is correctly
stated therein.
[R.O. 2012 §100.070; CC 1973 §1-7]
Any printed copy of this Code of Ordinances containing a printed
certificate of the Mayor and the City Clerk as to the correctness
of such codification shall be received in evidence in any court for
the purpose of providing the ordinances therein contained, the same
and for the same purpose as the original ordinances, minutes or journals
would be received.
[R.O. 2012 §100.080; CC 1973 §1-8]
Any and all additions and amendments to this Code of Ordinances
when passed in such form as to indicate the intention of the City
Council to make the same a part thereof shall be deemed to be incorporated
in such Code so that reference to the "Code of Ordinances of the City
of Excelsior Springs, Missouri", shall be understood and intended
to include such additions and amendments.
[R.O. 2012 §100.090; CC 1973 §1-9]
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, 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 of Ordinances and subsequent ordinances numbered or omitted
are readopted as a new Code of Ordinances by the City Council.
[R.O. 2012 §100.100; CC 1973 §1-10]
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 Excelsior
Springs, Missouri, is hereby amended to read as follows ______________________________(Set
out new provisions in full)_____."
[1]
State Law Reference — Style of ordinances, how enacted,
§77.080, RSMo.
[R.O. 2012 §100.110; CC 1973 §1-11]
A.Â
In
the event a new Section not heretofore existing in the Code is to
be added, the following language may be used:
"That the Code of Ordinances of the City of Excelsior Springs,
Missouri, is hereby amended by adding a Section (or Article, Chapter,
or other designation, as the case may be), to be numbered, which reads
as follows: . . . (Set out new provisions in full) . . ."
B.Â
In lieu of Subsection (A) hereof, when the City Council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the City Council desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance:
"It is the intention of the City Council, and it is hereby ordained,
that the provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of Excelsior Springs, Missouri,
and the Sections of this ordinance may be renumbered to accomplish
such intention."
[R.O. 2012 §100.120; CC 1973 §1-12]
All Sections, Articles, Chapters, or other provisions of this
Code desired to be repealed should be specifically repealed by Section
number, Article number, Chapter or other numbers or ordinance number,
as the case may be.
[R.O. 2012 §100.130; CC 1973 §1-13]
The catchlines of the several Sections of this codification
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 Section,
including the catchlines, are amended or re-enacted.
[R.O. 2012 §100.140; CC 1973 §1-14]
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 Excelsior Springs, Missouri, to be misrepresented
thereby.
[R.O. 2012 §100.150; Ord. No. 6525, 8-18-1975]
A.Â
Whenever
in the Code or in any ordinance of the City any act is prohibited
or is made or declared to be unlawful or an offense, or whenever in
such Code or ordinance 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 ordinance shall be punished by a fine of not exceeding five
hundred dollars ($500.00), or by imprisonment not exceeding three
(3) months, or by both such fine and imprisonment; provided, however,
that in any case wherein the penalty for an offense is fixed by any
State law or Statute, the same penalty so fixed by State law or Statute
may be imposed for the punishment of such offense and no other, except
that imprisonments, when made under this Section may be in the City
Jail instead of the County Jail.
B.Â
Each
day any violation of any provision of this Code or of any such ordinance
shall continue shall constitute a separate offense.
C.Â
In
addition to the penalty hereinabove provided, any condition caused
or permitted to exist in violation of any of the provisions of this
Code or any such ordinance shall be deemed a public nuisance and may
be, by the City, abated as provided by law, and each day that such
condition continues shall be regarded as a new and separate offense.
[1]
State Law Reference — Limitation on penalty, §77.590,
RSMo.
[R.O. 2012 §100.160; CC 1973 §1-16]
In case of the amendment by the City Council of any Section of this Code for which a penalty is not provided, the general penalty as provided in Section 100.150 of this Chapter shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.
[R.O. 2012 §100.170; CC 1973 §1-17]
All fines and costs collected for the violation of any provision
of this Code shall be turned into the City Treasury to the credit
of the General Fund.
[R.O. 2012 §100.180; CC 1973 §1-18]
Each Section of ordinances enacted by the City Council shall
be appropriately numbered.
