[CC 1974 §1-1]
The ordinances embraced in the following Chapters and Sections
shall constitute and be designated the "The Municipal Code, City of
Richmond, Missouri" and may be so cited.
[CC 1974 §1-2]
In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the City Council:
Whenever the words "the City", "this
City", "the corporation" or "this
corporation" are used, they shall be construed as if the
words "of Richmond, Missouri" followed them.
The time within which an act is to be done shall be computed
by excluding the first (1st) and including the last day, but if the
last day shall be Sunday it shall be excluded.
The legal boundary of the City of Richmond.
The City Council of the City of Richmond.
Any person elected to that office and shall include those
persons who hold other offices and who are ex officio.
The words "the County" or "this
County" shall mean the County of Ray in the State of Missouri.
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.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
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.
The City Attorney for the City of Richmond. (See Section 115.300 et seq.)
The Mayor of the City of Richmond.
A calendar month.
The Municipal Judge of the City of Richmond. (See Section 130.030 et seq.)
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Richmond" 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.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one (1) person
and thing.
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".
"Or" may be read "and" and "and" may be read "or" if the sense requires
it.
The word "owner" applied to a building or
land, shall include any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant or tenant by the entirety of the
whole or of a part of such building or land.
Extends and applies to associations, clubs, societies, firms,
partnerships and bodies politic and corporate as well as to individuals.
Includes money, goods, chattels, things in action and evidences
of debt.
The words "preceding" and "following" mean next before and next after, respectively.
Place or places.
Includes real and personal property.
Any park, cemetery, school yard or open space adjacent thereto
and all other property open to the public.
Is coextensive with lands, 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.
The City or corporate seal.
A strip running parallel to streets intended primarily for
the use of pedestrians, including parkways.
The State of Missouri.
Embraces streets, avenues, boulevards, roads, alleys, lanes,
viaducts and all other public highways in the City.
The word "tenant" or "occupant", applied to a building or land, shall include any person holding
a written or oral lease or who occupies the whole or a part of such
buildings or lands, either alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
Seven (7) days.
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 is equivalent
to the words "year of our Lord".
[CC 1974 §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 or 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 1974 §1-4]
A.
No
offense committed and no fine, penalty or forfeiture incurred, or
prosecution commenced or pending previous to or at the time when any
statutory 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.
That all such proceedings shall be conducted according to existing
procedural laws; and
2.
That 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.
[CC 1974 §1-5]
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 a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and Sections of this Code.
[CC 1974 §1-6]
All ordinances passed subsequent to this Code of Ordinances,
which amend, repeal or in any way affect this Code of Ordinances,
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 of Ordinances and subsequent ordinances numbered or omitted
are readopted as a new Code of Ordinances by the Council.
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 Municipal Code of the City of Richmond, Missouri, is hereby
amended to read as follows: (Set out new provisions in full)."
When the Governing Body desires to enact an ordinance of a general
and permanent nature on a subject not heretofore existing in the Code,
which the Governing Body desires to incorporate into the Code, a Section
in substantially the following language shall be made a part of the
ordinance: "Section _______. It is the intention of the Governing
Body, and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the City
of Richmond, Missouri, and the Sections of this ordinance may be renumbered
to accomplish such intention."
All Sections, Articles, Chapters or provisions of this Code
desired to be repealed should be specifically repealed by Section
number or Chapter number, as the case may be.
[CC 1974 §1-7]
It shall be unlawful for any person in the City to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Richmond to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 100.100 hereof.
[CC 1974 §1-10]
All ordinances shall take effect upon their adoption unless
an ordinance shall otherwise specify the time when it shall go into
effect.
