[CC 1988 §1.010]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated "The Code of the City of Eldon, Missouri" and may be so cited. Such ordinances may also be cited as "City of Eldon Code".
[CC 1988 §1.020; Ord. No. 1602 §2, 12-12-1995]
In the construction of this Code and of all other ordinances of the City, 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 Board of Aldermen, or unless the context clearly requires otherwise:
- BOARD OF ALDERMEN
- The Board of Aldermen of the City of Eldon, Missouri.
- CHIEF OF POLICE
- The words "Chief of Police" or "Police Chief" shall be deemed to include the word "Marshal".
- The words "the City" or "this City" shall mean the City of Eldon, Missouri.
- COMPUTATION OF TIME
- 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.
- CORPORATE LIMITS, CORPORATION LIMITS, CITY LIMITS
- Whenever the words "corporate limits", "corporation limits" or "City limits" are used, they shall mean the legal boundary of the City of Eldon.
- The words "the County" or "this County" shall mean any County in which the City limits lie.
- DELEGATION OF AUTHORITY
- Whenever a provision appears requiring 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 designate otherwise.
- 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.
- 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.
- JOINT AUTHORITY
- 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.
- Wherever the word "Marshal" appears in this Code or other ordinances of the City, such word shall mean the Chief of Police of the City and shall also mean City Marshal Ex Officio Collector.
- Is permissive.
- A calendar month.
- Is mandatory and not permissive.
- NAME OF OFFICER
- Whenever the name of an officer is given, it shall be construed as though the words "of the City of Eldon" were added.
- NON-TECHNICAL AND TECHNICAL WORDS
- Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
- 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.
- Includes 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".
- OFFICIAL TIME
- United States standard time for the zone in which the City is located shall be the official time of the City, but the official time of the City shall be advanced one (1) hour during such period of each year when daylight-saving time shall be in effect throughout the State pursuant to State or Federal law or regulation. When reference is made to any time without qualification in any ordinance, resolution or order heretofore passed or which may be passed hereafter by the Board of Aldermen, or in any official notice, advertisement or document of the City, or in any contract to which the City is a party, it shall be understood to refer to the official time of the City as herein described. When the words "daylight-saving time" are used, the reference shall be to the advanced time prescribed as the official time during such periods as mentioned in the first (1st) sentence of this paragraph.
- "Or" may be read "and", and "and" may be read "or" if the sense requires it.
- The word "owner", applied to a building, land or personal property, 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, land or personal property.
- May extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt.
- PRECEDING; FOLLOWING
- When used by way of reference to any Section of this Code, shall 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.
- Whenever the word "premises" is used, it shall mean place or places.
- 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 coextensive with land, tenements and hereditaments.
- The place adopted by a person as his/her place of habitation and to which, whenever he/she is absent, he/she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his/her residence.
- Is mandatory and not permissive.
- That portion of the street between the curb line or the inside line of any parkway which may be present and the adjacent property line which is intended for 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.
- 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.
- Words used in the past or present tense include the future as well as the past and present.
- 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; and all publications heretofore made in accordance with the terms of this definition are hereby validated.
- 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.
- A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord".
[CC 1988 §1.030]
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
Promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligations assumed by the City;
Granting any right or franchise;
Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City;
Making any appropriation;
Levying or imposing taxes;
Establishing or prescribing grades in the City;
Providing for local improvements and assessing taxes therefor;
Dedicating or accepting any plat or subdivision in the City;
Extending or contracting the boundaries of the City;
Which is temporary, although general in effect;
Which is special, although permanent in effect;
The purpose of which has been accomplished;
[CC 1988 §1.040]
The provisions of this Code, so far as they are the same as ordinances existing at the time of adoption of this Code, shall be considered as a continuation thereof and not as new enactments.
[CC 1988 §1.050]
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.
The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the City in effect on the date of adoption of this Code.
[CC 1988 §1.060]
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.
[CC 1988 §1.070]
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.
[CC 1988 §1.080]
Except as otherwise provided, the provisions of this Code shall apply only in the City limits.
[CC 1988 §1.090]
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 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 and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the Board.
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 the City of Eldon, Missouri, is hereby amended to read as follows: (Set out new provisions in full).
[CC 1988 §1.100]
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Board of Aldermen. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
Organize the ordinance material into appropriate subdivisions.
Provide appropriate catchlines, headings and titles for Sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;
Assign appropriate numbers to Sections and other subdivisions to be inserted in the Code and, where necessary, to accommodate new material, change existing Section or other subdivision numbers.
Change the words "this ordinance" or words of the same meaning to "this Chapter", "this Article", "this division" etc., as the case may be or to "Sections to" (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and
Make other non-substantive changes necessary to preserve the original meaning of ordinance Sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
[CC 1988 §1.110]
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.
[CC 1988 §1.120]
Each City Officer or employee assigned a copy of this Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each such copy shall remain the property of the City and shall be turned over by the officer having custody thereof, upon expiration of his/her term of office, to his/her successor or to the City Clerk, in case he/she shall have no successor.
[CC 1988 §1.130]
Except as hereinafter provided, whenever in this Code or in any other ordinance of the City or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the City, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or in such other City ordinance, rule, regulation or order 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 therefore, the violation of any such provision of this Code or of any other ordinance of the City or of any rule, regulation or order promulgated pursuant to such Code or other City ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period of not exceeding ninety (90) days, or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or other Statute of the State limits the authority of the City to punish the violation of any particular provision of this Code or other City ordinance or rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this Section or imprisonment for a shorter term than that provided in this Section, the violation of such particular provision of this Code or other City ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or other Statute of the State establishes a penalty differing from that provided by this Section for an offense similar to any offense established by this Code or other ordinance, rule, regulation or order of the City, the violation of such City law, ordinance, rule, regulation or order shall be punished by the fine or imprisonment established for such similar offense by such State law.
Each day any violation of this Code, or any other City ordinance or rule, regulation or order promulgated pursuant thereto, shall continue shall constitute a separate offense, unless otherwise provided.
Any person who is convicted or pleads guilty to a speeding violation or passing/overtaking a vehicle in a work/construction zone when there was any person present performing duties in the work/construction zone and appropriate signs were posted stating "Warning: $250 fine for speeding or passing in this work zone" shall be assessed a fine of two hundred fifty dollars ($250.00) in addition to any other fine assessed; except that any person assessed the two hundred fifty dollar ($250.00) fine shall not also be assessed the thirty-five dollar ($35.00) fine for any of the following offenses in a construction or work zone: any moving violation or violation of speeding, leaving the scene, careless and imprudent driving, operating without a valid license, operating with a suspended or revoked license, obtaining a license by misrepresentation, driving while intoxicated, under the influence or BAC, any felony offense involving the use of a vehicle, or failure to maintain financial responsibility.
[CC 1988 §1.140]
In all cases where the same offense may be made punishable or shall be created by different clauses or Sections of the ordinances of the City, the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense.
[CC 1988 §1.150]
It shall be unlawful for any person to attempt to commit any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof; and it shall be unlawful for any person to aid or abet another in the commission or attempted commission of any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof.
It shall be unlawful for any person to attempt to avoid the doing of any act which is required by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof, and it shall be unlawful for any person to aid or abet another in the avoidance or attempted avoidance of any act which is required by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof.
A person is guilty of such an attempt to commit an offense when, with the purpose of committing the offense, he/she does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense. It is no defense to a prosecution under this Section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
[CC 1988 §1.160]
It is hereby declared to be the intention of the 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 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 and Sections 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.
[CC 1988 §1.170]
Any officer or employee who is liable for the payment of any claims or damages arising out of the course and scope of employment shall be entitled to indemnification by the City; provided, that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the City, and such determination shall be final for the purposes of the representation and indemnity of this Section; provided however, that in the event the City determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The City shall not be liable for any settlement of any such claim or suit effected without its consent, and the City reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient representation and indemnity have been denied by the City, if upon a trial on the merits.
The City shall have the right and duty to provide legal representation through the City Attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment; provided, that such officer or employee is entitled to indemnification as set forth in this Section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his/her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the City in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this Section.
The term "officer" or "employee" shall, as used herein, include, but not be limited to, the Mayor, Aldermen, City Administrator, all department heads, the members of all boards and commissions whether elected or appointed, as well as all employees both full- and part-time, salaried or non-salaried authorized to perform services for or act in behalf of the City of Eldon.
[Ord. No. 2153 §1, 10-28-2008]
The City of Eldon will accept credit card and debit card payments on account with the City. However, transaction fees charged in association with using said debit and credit cards will be added to the customer's transaction total at the time of the transaction. The amounts added to the customer's transaction total shall be equal to any fee charged to the City by any debit card or credit card provider for the use of a debit card or credit card transaction.
If City of Eldon finds it necessary to turn an account over to a collection agency, the fee charged for the collection of the account will be added to the total due to be paid by the customer.