[CC §100.010; Ord. No. 869 §III, 12-28-2015]
The ordinances embraced in the following Chapters, Appendices and Schedules shall constitute and be designated as adopted by the Board of Aldermen of the City of Wright City, Missouri, as the "Code of Ordinances" of the City, the "Municipal Code" or this "Code," and may be so cited. Subdivisions of this Code, such as Titles on Traffic and Zoning may be designated and cited as "Traffic Code" and "Zoning Code."
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and furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Code is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and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.
It shall be unlawful for any person in the City to change or amend by additions or deletions, any part or portions 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 to be misrepresented thereby. Any person, firm or corporation violating this Section shall be deemed guilty of a misdemeanor and punished as provided in Section 100.050.
The City Attorney shall determine whether and in what manner any ordinance passed by the Board of Aldermen shall amend this Code. All Sections, Articles, Chapters or provisions of this Code desired to be repealed, amended or added to, should be specifically related to the Section, Article or Chapter number as the case may be.
[CC §100.040; Ord. No. 2, 10-8-1959]
The following definitions of words shall be used in the construction of this Code:
- ACTS BY AGENTS
- When an act required to be done which may lawfully be done as well by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent.
- BOARD OF ALDERMEN
- The Board of Aldermen and Mayor constituting the municipal legislative body of Wright City, Missouri.
- The City of Wright City, Missouri.
- The County of Warren, Missouri.
- The inclusion of the feminine for the masculine and the masculine for the feminine.
- HERETOFORE AND HEREAFTER
- Whenever the word "heretofore" occurs in the Code it shall be construed to include any time previous to the day when such provision takes effect, and whenever the word "hereafter" occurs it shall be construed to include the time after the provision containing such word takes effect.
- JOINT AUTHORITY
- All words purporting to give joint authority to three (3) or more City Officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
- The individual, firm, association, company, partnership, corporation, or any other group of persons operating together, or any other legal entity.
- REASONABLE TIME
- When any act is required to be done in such a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to be such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.
- SHALL HAVE BEEN
- Past and future tenses.
- SINGULAR REFERENCES
- The plural and the plural, the singular.
- The State of Missouri.
- The use of any verb in the present tense shall include the future when applicable.
- TIME, HOW COMPUTED
- The time within which an act is to be done as provided in any municipal law or in any order issued pursuant thereto, when expressed in days shall be computed by excluding the first day and including the last, except that if the last day be Sunday it shall be excluded, and when any such time is expressed in hours the whole of Sunday, from midnight to midnight, shall be excluded.
- Seven (7) days, but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week, and all publications heretofore made in accordance with the terms of this Subsection are to be considered valid.
[CC §100.050; Ord. No. 2, 10-8-1959; Ord. No. 78, 3-9-1972]
Whenever in this Code or in any ordinance or resolution of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution 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 and where no penalty for such offense is fixed by Statute, the violation of any such provisions of this Code or any ordinance or resolution shall constitute a misdemeanor and shall be punished by a fine of not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days or both, recoverable with costs of suit. Each day any violation of any provision of the Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
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 or resolution shall be deemed a misdemeanor 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.
No punishment shall be imposed upon a conviction for the violation of any City ordinance which exceeds a fine of five hundred dollars ($500.00), and such is hereby amended to provide for a fine not to exceed five hundred dollars ($500.00).
Any Section in the Code which authorizes the imposition of a lesser penalty shall not be amended by this Section but shall be and remain the same.
In any case where any ordinance or Section of this Code shall not provide a greater penalty for a second or subsequent conviction for a violation thereof any person violating the same who shall previously have been convicted of a violation thereof shall be subject to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each offense and imprisonment not exceeding three (3) months, or by both such fine and imprisonment.
When imprisonment is ordered, it may be served in the County Jail as the Municipal Judge may direct. Whenever any punishment provided by this Code or other ordinance shall exceed that provided for the same offense by State law, the punishment Section of such Ordinance or Code Section shall be void in so far as its punishment exceeds the State limits, and the maximum punishment provided by State law shall be imposed hereby.
All ordinances of the City other than those set forth herein, whether or not they are inconsistent with any provisions of this Code, are hereby repealed, provided however, the adoption of this Code shall not of itself be deemed to repeal any specific ordinance relating to: The annexation of land; authorization to contract for specific agreements; accepting dedication or easements of property; employment of officials and employees of the City; establishment or calling for elections or other special districts in the City; granting franchises; providing specific salaries or benefits not provided for in this Code; approving subdivisions, streets and street grades; issuing special tax bills; setting tax levies and assessments; fixing or amending zoning district boundaries.
The headings of the Chapters, Sections and Articles are intended as guides and not as part of this Code for purposes of interpretation or construction.
Whenever reference is made to any law of the State of Missouri, then, unless otherwise provided, such reference shall be prospective.
In the interpretation and application of any of the provisions 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. When any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by this Code, the provisions of the greater restriction or regulations shall be deemed to be controlling.
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 a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, paragraphs and Sections of this Code.
[Ord. No. 399 §II, 10-11-2001]
[Ord. No. 869 §II, 12-28-2015]
The City shall be entitled to enforce any provision of this Code through all remedies lawfully available, and any person determined judicially to have violated the terms of this Code shall further be liable to pay the City's costs and attorneys' fees in enforcing such Code provisions. Additionally, any user of City Services, rights-of-way or other City facilities or property, shall, as a condition of such use or continued use, to the full extent permissible by law, be liable to pay the City's costs and attorneys' fees incurred in enforcing any lawful requirement applicable to such use, whether arising in contract, statute, ordinance, or other enforceable duty as to such use.