[R.O. 2009 § 100.010; R.O. 2006
§ 100.120; Ord. No. 2003 § 1, 11-18-1996]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated the "Municipal Code of the City of Fenton, Missouri" and may be so cited or cited as "this Code," except as provided in Section 400.010 of this Code.
At least three (3) copies of the
published book 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.
A.Â
It shall be unlawful for any person 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 Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.120 of this Code.
B.Â
This provision shall not apply to amendments,
additions or deletions to this Code, duly passed by the Board of Aldermen,
which may be prepared by the City Clerk for insertion in this Code.
[R.O. 2009 § 100.030; R.O. 2006
§ 100.140; Ord. No. 2003 § 1, 11-18-1996]
A.Â
ALDERMAN
BOARD OF ALDERMEN
CITY
COUNTY
DAY
MINOR TRAFFIC VIOLATION
MONTH
MUNICIPAL ORDINANCE VIOLATION
NUMBER
OATH
OFFICERS, DEPARTMENTS, ETC.
OR, AND
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
REAL PROPERTY
SHALL
SIDEWALK
STATE
STREET
TENANT or OCCUPANT
TENSE
WRITTEN, IN WRITING, and WRITING WORD FOR WORD
YEAR
In the construction of this Code, and of
all ordinances and resolutions passed by the Mayor and Board of Aldermen,
the following rules or definitions shall be observed, unless such
construction would be inconsistent with the manifest intent of the
Mayor and Board of Aldermen:
A member of the Board of Aldermen of the City of Fenton,
Missouri.
Whenever the words "Board of Aldermen," "Board," "this Board"
or "the Board" are used, they mean the Board of Aldermen of the City
of Fenton, Missouri.
The words "the City" or "this City" shall mean the City of
Fenton, in St. Louis County, Missouri.
The words "County," "the County" or "this County" shall mean
St. Louis County, Missouri.
Unless otherwise specified, the term "day" shall mean a calendar
day.
See definition set out in Section 300.010 of this Code.
A calendar month.
See definition set out in Section 300.010 of this Code.
Any word importing the singular number shall include the
plural and any word importing the plural number shall include the
singular.
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."
Whenever any Officer, Department, Board, Commission or other
agency is referred to by title alone, such reference shall be construed
as if followed by the words "of the City of Fenton, Missouri."
"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, tenant in partnership,
joint tenant or tenant by the entirety, of the whole or of a part
of such building or land.
Shall extend and be applied to associations, corporations,
firms, partnerships and bodies politic and corporate as well as to
individuals. Whenever used with respect to any penalty or fine, the
word "person," as applied to partnerships or associations, shall include
the partners or members thereof, and as applied to corporations and
limited liability companies, shall include the officers, agents, or
members thereof who are responsible for any violation of such Section.
Includes money, goods, chattels, things in action and evidences
of debt.
Shall mean next before and next after, respectively.
Shall include real and personal property.
The terms "real property," "premises," "real estate," or
"lands" shall be deemed to be co-extensive with lands, tenements,
and hereditaments.
Is mandatory.
Any portion of the street between the curb, or the lateral
line of the roadway and the adjacent property line, intended for the
use of pedestrians.
The words "the State" or "this State" shall be construed
to mean the State of Missouri.
Shall include any highway, alley, street, avenue or public
place, square, bridge, viaduct, underpass, overpass, tunnel or causeway
in the City, dedicated or devoted to public use.
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.
Words used in the past or present tense include the future
as well as the past and present.
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.
B.Â
Newspaper. Whenever in this Code or other
ordinance of the City it is required that notice be published in the
"official newspaper" or a "newspaper of general circulation published
in the City," and if there is no newspaper published within the City,
the said notice shall be published in a newspaper of general circulation
within the City, regardless of its place of publication. Such newspaper
shall not include an advertising circular or other medium for which
no subscription list is maintained.
C.Â
Delegation Of Authority. 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.
D.Â
Words And Phrases — How Construed.
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.
E.Â
Headings. The catchlines or headings of
the Chapters, Sections, and Subsections of this Code are intended
as guides and not as part of this Code for purposes of interpretations
or construction.
F.Â
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 all individuals, shall be deemed to be included.
G.Â
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; and when words importing the plural
number are used, the singular shall be included.
H.Â
Joint Authority. Words importing joint
authority to three (3) or more persons shall be construed as authority
to a majority of such persons unless otherwise declared in the law
giving the authority.
I.Â
Self-Preemption. No provision of this Code
shall apply to any circumstance in which such application shall be
unlawful under superseding Federal or State law and furthermore, if
any Section, Subsection, sentence, clause, phrase, or portion of this
Code is now or in the future superseded or preempted by State or Federal
law or found by a court of competent jurisdiction to be unauthorized,
such provision shall be automatically interpreted and applied as required
by law.
The provisions appearing in this
Code, so far as they are in substance the same as those of ordinances
existing at the time of the adoption of this Code, shall be considered
as a continuation thereof and not as new enactments.
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.
When an ordinance repealing a former
ordinance, clause, or provision is itself repealed, it does not revive
the former ordinance, clause, or provision, unless it is otherwise
expressly provided; nor shall any ordinance repealing any former ordinance,
clause, or provision abate, annul, or in anywise affect any proceedings
had or commenced under or by virtue of the ordinance so repealed,
but the same is as effectual and shall be proceeded on to final judgment
and termination as if the repealing ordinance had not passed, unless
it is otherwise expressly provided.
[R.O. 2009 § 100.040; R.O. 2006
§ 100.150; Ord. No. 2003 § 1, 11-18-1996]
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 therein. When subsequent ordinances repeal any
Chapter, Section, or Subsection or any portion thereof, such repealed
portions may be excluded from this Code by omission from reprinted
pages. 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 Mayor and Board
of Aldermen.
[R.O. 2009 § 100.050; R.O. 2006
§ 100.160; Ord. No. 2003 § 1, 11-18-1996]
It is hereby declared to be the intention
of the Mayor and Board of Aldermen 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 by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality 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 Mayor and Board of Aldermen without the incorporation in this
Code of any such unconstitutional phrase, clause, sentence, paragraph,
or Section.
A.Â
Whenever notice may be required under the
provisions of this Code or other City ordinance, the same shall be
served in the following manner:
1.Â
By delivering the notice to the person
to be served personally or by leaving the same at his/her residence,
office, or place of business with some person of his/her family over
the age of fifteen (15) years;
2.Â
By mailing said notice by certified
or registered mail to such person to be served at his/her last known
address; or
3.Â
If the person to be served is unknown
or may not be notified under the requirements of this Section, then
by posting said notice in some conspicuous place at least five (5)
days before the act or action concerning which the notice is given
is to take place. No person shall interfere with, obstruct, mutilate,
conceal, or tear down any official notice or placard posted by any
City officer, unless permission is given by said officer.
The provisions of Section 100.100 shall not apply to those Chapters of this Code wherein there is a separate definition of notice.
