[R.O. 2009 §100.010; CC 1976 §1-1]
The ordinances embraced in the following Chapters and Sections
shall constitute and be designated the "Code of Ordinances, City of
Higginsville, Missouri", and may be so cited.
[R.O. 2009 §100.020; CC 1976 §1-2; Ord. No. 1541 §§1—2, 9-20-1993]
In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Board of Aldermen:
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.
Whenever the words "the City" or "this City" are used they shall be construed as if the words
"of Higginsville, Missouri" followed them.
The time within which an act is to be done shall be computed
by excluding the first (1st) day and including the last. If the last
day is Sunday it shall be excluded.
Whenever the words "corporate limits", "corporation
limits" or "City limits" are used they shall
mean the legal boundary of the City of Higginsville, Missouri.
The words "the County" or "this
County" shall mean the County of Lafayette in the State of
Missouri.
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 designates 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.
In the interpretation and application of any provision of
this Code, it shall be held to be the minimum requirements 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 the general provision imposed
by the Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
All words giving a joint authority to three (3) or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers, unless otherwise declared in the law
giving the authority.
The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations,
clubs and partnerships, whether acting by themselves or a servant,
agent or employee.
Whenever the word "Mayor" is used it shall
mean the Mayor of the City of Higginsville, Missouri.
The word "month" shall mean a calendar month.
Whenever the name of an officer is given shall be construed
as though the words "of the City of Higginsville" 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.
Whenever, in any Statute, words importing the plural number
are used in describing or referring to any matter, parties or persons,
any single matter, party or person is included, although distributive
words are not used. 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.
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".
"Or" may be read "and", and "and" may be read "or" if and
only if the sense requires it.
The word "owner", applied to a building
or land, shall include any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety, of
the whole or of a part of such building or land.
The word "person" 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.
The place where the family of any person permanently resides
in this State, and the place where any person having no family generally
lodges.
When used by way of reference to any Section of the Code,
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.
Is coextensive with lands, tenements and hereditaments.
The word "property" shall include real and
personal property.
The term "public place" shall mean any public
way, park, cemetery, school yard or open space adjacent thereto, and
all waterways.
Is coextensive with lands, tenements and hereditaments.
Whenever the word "seal" is used it shall
mean the City or Corporate Seal.
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.
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.
The words "the State" shall be construed
to mean the State of Missouri.
The word "street" shall be construed to
embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts
and all other public highways in the City.
The word "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.
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.
A calendar year unless otherwise expressed, and is equivalent
to the words "year of our Lord".
[R.O. 2009 §100.030; CC 1976 §1-3]
The catchlines of the several Sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the Sections and shall not be deemed or taken to be titles of such
Sections, or as any part of the Sections, nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including
the catchlines, are amended or re-enacted.
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 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. 2009 §100.050; CC 1976 §1-5]
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.
[R.O. 2009 §100.060; CC 1976 §1-6]
A.
All
ordinances passed subsequent to this Code of Ordinances, which amend,
repeal or in any way affect this Code of Ordinances, shall be printed
for inclusion herein, 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 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,
City of Higginsville, 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, City of Higginsville,
Missouri, and the Sections of this ordinance may be renumbered to
accomplish such intention."
D.
All
Sections, Articles, Chapters or provisions of this Code desired to
be repealed should be specifically repealed by Section number or Chapter
number, as the case may be.
[R.O. 2009 §100.070; CC 1976 §1-7]
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 temper with such code in any manner whatsoever which will cause the law of the City of Higginsville to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.080 hereof.
