[R.O. 2011 §1-1; Code 1977 §10.010]
A. This
Code contains all ordinances of a general and permanent nature of
the City of Salem, Missouri and includes ordinances dealing with municipal
administration, municipal elections, building and property regulation,
business and occupations, health and sanitation, public order, and
similar subjects.
B. Ordinances
hereafter adopted which are not of a general or permanent nature shall
be numbered consecutively, authenticated, published and recorded in
the book of ordinances, but shall not be prepared for insertion in
this Code, nor be deemed a part hereof.
C. Ordinances
which are of a general or permanent nature shall be prepared for insertion
in this Code and be deemed a part hereof.
[R.O. 2011 §1-2; Code 1977 §10.020]
The Chapters, Articles, Divisions and Sections embraced in this
Code of Ordinances shall constitute and be designated as "The Code
of Ordinances of the City of Salem, Missouri" and may be so cited.
This Code may also be cited as the "Salem City Code".
[R.O. 2011 §1-4; Code 1977 §10.030]
The official copy of this Code, bearing the signature of the
Mayor and attestation of the City Clerk as to its adoption, shall
be kept on file in the office of the City Clerk. Three (3) copies
of this Code shall be kept in the City Clerk's office available for
public inspection.
[R.O. 2011 §1-5; Code 1977 §10.040]
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
100.230 of this Code.
[R.O. 2011 §1-6; Code 1977 §10.050]
Each Section number of this Code shall consist of two (2) parts
separated by a period; the figure before the period referring to the
Chapter number, and the figure after the period referring to the position
of the Section in the Chapter.
[R.O. 2011 §1-7; Code 1977 §10.060]
All amendments to this Code, duly passed by the Board of Aldermen,
shall be prepared by the City Clerk for insertion in this Code.
[R.O. 2011 §1-8; Code 1977 §12.020]
The headings of the Chapters and Sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
[R.O. 2011 §1-9; Code 1977 §12.030]
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.
[R.O. 2011 §1-10; Code 1977 §12.040]
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 subsequent ordinance repealing or modifying
the prior ordinance 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 any way be affected, released
or discharged but may be prosecuted, enjoyed and recovered as fully
as if such ordinance or provisions had continued in force, unless
it shall be therein otherwise expressly provided.
[R.O. 2011 §1-11; Code 1977 §12.050]
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. 2011 §1-12; Code 1977 §11.010]
In the construction of this Code and of all other ordinances
of the City, the following definitions shall be observed, unless it
shall be otherwise expressly provided in any Section or ordinance,
or unless inconsistent with the manifest intent of the Board of Aldermen,
or unless the context clearly requires otherwise.
CITY
The words "the City" or "this City" or "City" means the City of Salem, Missouri.
COUNTY
The words "the County" or "this
County" or "County" means the County of
Dent, Missouri.
DAY
A day of twenty-four (24) hours, beginning at 12:00 Midnight.
KEEPER; PROPRIETOR
Includes persons, firms, associations, corporations, clubs,
and partnerships, whether acting by themselves or by a representative,
servant or agent.
MAYOR
The Mayor of Salem, Missouri.
OATH
Includes an affirmation in all cases in which 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".
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.
PERSON
Includes 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.
PRECEDING, FOLLOWING
When used by way of reference to any Section of the Code,
means the Section next preceding or next following that in which the
reference is made, unless some other Section is expressly designated
in the reference.
PROPERTY
Includes real and personal property.
PUBLIC WAY
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
REAL PROPERTY
The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with
lands, tenements and hereditaments.
SIDEWALK
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians.
SIGNATURE
Where the written signature of any person is required, the
proper handwriting of such person or his/her mark shall be intended.
STATE
The words "the State" or "this State" or "State" shall mean the State of Missouri.
STREET
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare, and each of such words
shall include all of them.
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.
WRITTEN, IN WRITING and WRITING WORD FOR WORD
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.
YEAR
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of
our Lord".
[R.O. 2011 §1-13; Code 1977 §11.020]
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
such 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.
[R.O. 2011 §1-14; Code 1977 §12.010]
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 Board of Aldermen may be fully carried out. Technical
words and phrases having a peculiar and appropriate meaning in law
shall be understood according to the technical import.
[R.O. 2011 §1-15; Code 1977 §12.070]
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code but shall
extend to and include the time of the happening of any act, event,
or requirement for which provision is made herein, either as a power,
immunity, requirement, or prohibition.
[R.O. 2011 §1-16; Code 1977 §12.080]
A. Whenever
notice may be required under the provisions of this Code or other
City ordinance, and no provision is stated for service of notice,
the same shall be served in the following manner.
1. By delivering the notice to the owner personally or by leaving the
same at his/her residence, office or place of business with some person
over the age of fifteen (15) years; or
2. By mailing said notice by certified or registered mail to such owner
at his/her last known address; or
3. If the owner is unknown, or may not be notified under the requirements of Subsections
(1) or
(2) of this Section then by posting said notice in some conspicuous place on the premises at least five (5) days before the act or action concerning which the notice is given is to take place.
B. 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.
[R.O. 2011 §1-17; Code 1977 §12.090]
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
[R.O. 2011 §1-18; Code 1977 §12.100]
In computing any period of time prescribed or allowed by this
Code or by a notice or order issued pursuant thereto, the day of the
act, event or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed
is to be included, unless it is a Sunday or a legal holiday, in which
event the period runs until the end of the next day which is neither
a Sunday nor a legal holiday. When the period of time prescribed or
allowed is less than seven (7) days, intermediate Sundays and legal
holidays shall be excluded in the computation. A half holiday shall
be considered as other days and not as a legal holiday.
[R.O. 2011 §1-19; Code 1977 §12.110]
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.
[R.O. 2011 §1-20; Code 1977 §12.120]
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
[R.O. 2011 §1-21; Code 1977 §12.130]
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 as used, the singular shall
be deemed to be included.
[R.O. 2011 §1-22; Code 1977 §12.060]
It is hereby declared to be the intention of the Board of Aldermen
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section, or Chapter 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, Sections, and Chapters of this Code since the same would
have been enacted by the Board of Aldermen without the incorporation
in this Code of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or Section.