[CC 1988 §1-1; Ord. No. 3399 §1, 2-23-2000]
The ordinances embraced in this and the following Chapters and
Sections of this volume shall constitute and be designated "The Code
of the City of De Soto, Missouri" and may be so cited. Such ordinance
may also be cited as "De Soto City Code".
[CC 1988 §1-2; Ord. No. 3399 §1, 2-23-2000]
In the construction of this Code and of all ordinances, the
following definitions and rules of 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:
When an act is required to be done which may be law as well
be done by an agent as by the principal, such requisition shall be
construed to include all such acts when done by an authorized agent.
Any official of this City or any of its departments, agencies,
or other instrumentalities or any of its political subdivisions whose
signature to a City document or contract, public security or instrument
of payment is required or permitted.
The words "the City" or "this City" shall mean the City of De Soto, Missouri.
The words "City Council" or "the
Council" shall mean the City Council of De Soto.
The time within which an act is to be done shall be computed
by excluding the first (1st) and including the last day. If the last
day is Sunday or a legal holiday, it shall be excluded.
Any contract executed by a political subdivision of this
City and approved by the Governing Body of the political subdivision.
The County of Jefferson, Missouri.
A reproduction by engraving, imprinting, stamping or other
means of the manual signature of an authorized officer.
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.
A check, draft, warrant or order for the payment, delivery
or transfer of funds.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
A calendar month.
When any subject matter, party or person is described or
referred to by words importing the singular number, the plural and
separate matters, persons and bodies corporate shall be deemed to
be included.
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".
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.
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 this 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.
Includes real and personal property.
A bond, note, certificate of indebtedness, or other obligation
for the payment of money issued by this City or by any of its departments,
agencies or other instrumentalities or by any of its political subdivisions.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property", "premises", "real estate" or "lands" shall
be deemed to be co-extensive with lands, tenements and hereditaments.
In all cases where an act is required to be done in a reasonable
time or reasonable notice to be given, such reasonable time or notice
shall be deemed to mean such time only as may be necessary for the
prompt performance of such duty or compliance with such notice.
The word "shall" is mandatory, and the word "may" is permissive.
Means the portion of the street between the curb line and
the adjacent property line, intended for the 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" or "this State" shall mean the State of Missouri.
Means 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 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.
The use of any verb in the present tense shall include the
future when applicable.
Means 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 (1) insertion in each week, unless
specifically stated to be for each day of the week or for more than
one (1) day in each week.
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.
Means a calendar year, unless otherwise expressed, and the
word "year" shall be equivalent to the words "year of our Lord".
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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 City Council may be fully carried out.
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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.
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[CC 1988 §1-3; Ord. No. 3399 §1, 2-23-2000]
The catchlines of the several Sections of this Code are intended
as mere catchwords to indicate the contents of the Section and shall
not be deemed or taken to be titles of such Section, nor as any part
of the Section, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, are amended
or re-enacted.
[CC 1988 §1-4; Ord. No. 3399 §1, 2-23-2000]
The provisions appearing in this Code, so far as they are the
same as those of prior or existing ordinances, shall be considered
as continuations thereof and not as new enactments.
[CC 1988 §1-5; Ord. No. 3399 §1, 2-23-2000]
It is hereby declared to be the intention of the City Council
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 City Council without the incorporation
in this Code of any such unconstitutional phrase, clause, sentence,
paragraph or Section.
A.
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:
1.
All such proceedings shall be conducted according to existing procedural
laws; and
2.
If the penalty or punishment for any offense is reduced or lessened
by any alteration of the law creating the offense prior to original
sentencing, the penalty or punishment shall be assessed according
to the amendatory law.
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.
