[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:
The Board of Aldermen of the City of Eldon, Missouri.
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.
The Code of the City of Eldon, Missouri, as designated in Section 100.010 above.
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.
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.
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.
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.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Eldon" were added.
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".
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.
Includes money, goods, chattels, things in action and evidences
of debt.
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.
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 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.
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.
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]
A.Â
Nothing
in this Code or the ordinance adopting this Code shall affect any
ordinance:
1.Â
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;
2.Â
Granting any right or franchise;
3.Â
Dedicating, naming, establishing, locating, relocating, opening,
paving, widening, vacating, etc., any street or public way in the
City;
4.Â
Making any appropriation;
5.Â
Levying or imposing taxes;
6.Â
Establishing or prescribing grades in the City;
7.Â
Providing for local improvements and assessing taxes therefor;
8.Â
Dedicating or accepting any plat or subdivision in the City;
9.Â
Extending or contracting the boundaries of the City;
10.Â
Which is temporary, although general in effect;
11.Â
Which is special, although permanent in effect;
12.Â
The purpose of which has been accomplished;
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and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Code. Such ordinances are on file in the City Clerk's office.
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[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]
A.Â
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.
B.Â
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]
A.Â
The
repeal of an ordinance shall not revive any ordinances in force before
or at the time the ordinance repealed took effect.
B.Â
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
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.
C.Â
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:
1.Â
Organize the ordinance material into appropriate subdivisions.
2.Â
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;
3.Â
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.
4.Â
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
5.Â
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; Ord.
No. 39-2021, 10-26-2021]
A.Â
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
therefor, 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 or fine and restitution not exceeding five hundred dollars
($500.00) or by imprisonment for a period of not exceeding ninety
(90) days, or by such fine, restitution and imprisonment.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
No officer, agent, or employee of the City shall be personally liable
for any damage that may occur to any persons or property as a result
of any act required of them or permitted to be taken by them under
the terms of this Code section. Any suit brought against any such
officer, agent, or employee of the City as a result of any such acts
required or permitted shall be defended by the City until the final
determination of the proceedings, and if judgment shall be obtained,
it shall be paid by the City. It is hereby further declared that no
officer, agent, or employee of the City owes any duty under the provision
of this Code Section to any citizen or other individual but that the
duties prescribed herein and imposed upon officers, agents, or employees
of the City are duties to be performed for the government of said
City.
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]
A.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
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.
