The ordinances embraced in this and the following chapters and
sections shall constitute and be designated "The Code of the City
of Eureka, Missouri" and may be so cited. Such ordinances may also
be cited as "Eureka City Code."
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 Eureka.
The City of Eureka, Missouri.
The time within which an act is to be done shall be computed
by excluding the first and including the last day; and if the last
day is Sunday or a legal holiday, that shall be excluded.
The County of St. Louis, 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.
Words importing joint authority to three 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 and persons and bodies corporate shall be deemed
to be included.
Shall be construed to include any affirmation in all cases
in which, by law, an affirmation may be substituted for an oath, and
in such cases the words "swear" or "sworn" shall be equivalent to
the words "affirm" and "affirmed."
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.
Includes 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.
Next before and next after, respectively.
Includes real and tangible and intangible personal property.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
"Premises," "real estate" or "lands" shall be deemed to be
coextensive with lands, tenements and hereditaments.
Is mandatory, and the word "may" is permissive.
That portion of the street between the curb line 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 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" shall include goods, chattels
and all personal property, except intangible personal property.
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.
Includes printing, lithographing or any other mode of representing
words and letters.
A calendar year, unless otherwise expressed, and the word
"year" shall be equivalent to the words "year of our Lord."
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
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.
The provisions appearing in this Code, so far as they are the
same as those of ordinances existing at the time of the adoption of
"The Code of the City of Eureka, Missouri," shall be considered as
a continuation thereof and not as new enactments.
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 judgement 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.
Whenever any ordinance or part of any 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.
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it be expressly
so provided, and such former ordinance, clause or provision is set
forth at length.
[Ord. No. 329, §1; Ord. No. 1824 §1, 3-15-2005]
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 not exceeding seven hundred
fifty dollars ($750.00), or by imprisonment for a period of not exceeding
six (6) months, or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or
other Statute of the State limits the authority of the City to punish
the violation of any particular provision of this Code or other City
ordinance or rule, regulation or order promulgated pursuant thereto
to a fine of less amount than that provided in this Section or imprisonment
for a shorter term than that provided in this Section, then the violation
of such particular provision of this Code or other City ordinance,
rule, regulation or order shall be punished by the imposition of not
more than the maximum fine or imprisonment so authorized or by both
such fine and imprisonment.
Each day any violation of this Code or any other City ordinance
or rule, regulation or order promulgated pursuant thereto shall continue
shall constitute a separate offense, unless otherwise provided.
The term "misdemeanor", wherever the same may
be found in this Code or other ordinances, shall be construed to mean
and to stand in lieu of the words "a violation of ordinance".
All entries onto property within the city by officers, employees,
Etc., of the city, for the purpose of enforcing the provisions of
this Code or other ordinances of the city, shall be made in the manner
authorized and directed by law.
[Ord. No. 276, §2]
A flag of the following description is hereby adopted as the
official flag of the city:
The flag shall be rectangular in shape and its vertical dimension
shall be to its horizontal dimension as seven is to twelve.
The design shall be three vertical fields or bars, equal in
area, colored gold, white and blue, in that order from the staff outward.
Upon the center field of white shall be imposed the word "EUREKA"
on the upper third, the seal of the city in the middle third, and
the date 1850 on the lower third.
[Ord. No. 619, §1; Ord. No. 1787 §1, 9-7-2004]
There shall be a charge of ten cents ($.10) per page (not to
exceed ten cents ($.10) for nine (9) by fourteen (14) inch paper),
twelve dollars ($12.00) per hour for duplicating time, and the actual
cost of research time. The custodian shall receive (or may require)
payment prior to duplicating copies.
Fees for providing access to public records maintained on computer
facilities, recording, tapes or disks, videotapes or films, pictures,
maps, slides, graphics, illustrations or similar audio or visual items
or devices, and for paper copies larger than nine (9) by fourteen
(14) inches shall include only the cost of copies, staff time, which
shall not exceed the average hourly rate of pay for staff of the public
governmental body required for making copies and programming, if necessary,
and the cost of the disk, tape, or other medium used for the duplication.
Fees for maps, blueprints, or plats that require special expertise
to duplicate may include the actual rate of compensation for the trained
personnel required to duplicate such maps, blueprints, or plats. If
programming is required beyond the customary and usual level to comply
with a request for records or information, the fees for compliance
may include the actual costs of such programming.
