[Code 1972, §1-1; CC 1988 §1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated "The Code of Ordinances of the City of Aurora, Missouri" and may be so cited. Such ordinances may also be cited as the "Aurora City Code."
[Code 1972, §1-2; CC 1988 §1-2]
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 City Council, or unless the context clearly requires otherwise:
- The words "the City" or "this City" shall mean the City of Aurora, Missouri.
- CITY COUNCIL
- The words "City Council" or "the Council" shall mean the City Council of Aurora, Missouri.
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is Sunday or a legal holiday, it shall be excluded.
- The words "the County" or "this County" shall mean the County of Lawrence, State of Missouri.
- 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.
- The Governor of the State of Missouri.
- JOINT AUTHORITY
- Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons, unless otherwise declared in the law giving the authority.
- 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 and persons and bodies corporate shall be deemed to be included.
- The word "oath" shall be construed to include 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.
- The word "person" shall include 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.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt;
- PRECEDING, FOLLOWING
- The words "preceding" and "following" shall mean next before and next after, respectively.
- 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 land, tenements and hereditaments.
- SHALL, MAY
- The word "shall" is mandatory; the word "may" is permissive.
- That portion of the street between the curbline and the adjacent property line which is intended for the use of pedestrians.
- Where the written signature of any person is required, the proper handwriting of such person or his 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.
- TANGIBLE PERSONAL PROPERTY
- Includes goods, chattels and all personal property, except intangible personal property.
- 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, 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 mark, is intended.
- The word "year" shall mean a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."
[Code 1972, §1-3; CC 1988 §1-3]
The catchlines of the several Sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the Section and shall not be deemed or taken to be titles of such Sections, 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.
[Code 1972, §§1-5, 1-6; CC 1988 §1-5]
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 under the ordinance repealed.
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 ordinance repealing or modifying the same 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 anywise 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.
[CC 1988 §1-7]
All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code, may be numbered and printed for inclusion in this Code. 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. 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 re-adopted as a new Code by the City Council.
Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the Section number of this Code in the following language: "That Section ____________ of the Code of Ordinances of the City of Aurora, Missouri, is hereby amended to read as follows:...... The provisions shall then be set out in full as desired.
If a new Section is to be added to the Code, the following language shall be used: "That the Code of Ordinances of the City of Aurora, Missouri, is hereby amended by adding a Section, to be numbered __________, which said Section reads as follows:......The new Section shall then be set out in full as desired.
All Sections, Articles, Chapters or provisions desired to be repealed must be specifically repealed by Section, Article or Chapter number, as the case may be.
[CC 1988 §1-8]
Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the City Council to make the same a part hereof, shall be deemed to be incorporated in this Code, so that reference to the Code shall be understood and intended to include such additions and amendments.
[CC 1988 §1-9]
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed 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 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," 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 §1-10]
The history notes appearing in parentheses after Sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the Section.
[CC 1988 §1-11]
The references and editor's notes appearing throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code.
[Code 1972, §1-4; CC 1988 §1-12]
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 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 City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.