[R.O. 2016 § 100.060; CC 1994 § 1.200]
The ordinances embraced in this and
the following Chapters and Sections shall constitute and be designated
"The Code of The City of Park Hills, Missouri," and may be so cited.
Also, the ordinances may be cited as the "Park Hills Code."
[R.O. 2016 § 100.070; CC 1994 § 1.205]
In the construction of this Code
and of all ordinances of the City, the following definitions and rules
of construction shall be observed, unless it shall be otherwise specifically
provided in any Section or ordinance, or unless it is inconsistent
with the manifest intent of the Council for the City, or unless the
context clearly requires otherwise:
The City of Park Hills, Missouri.
The City Collector of the City of Park Hills, Missouri, and
his/her duly authorized deputies and agents.
The duly elected members of the City Council for the City
of Park Hills, Missouri. Also this shall be used interchangeably with
"the Council."
The words "the County" or "this County" shall mean St. Francois
County, Missouri.
A day of twenty-four (24) hours, beginning at 12:00 Midnight.
The owner of any real property, including buildings thereon,
within the City limits of the City.
The word "may" is permissive.
The Mayor of Park Hills, Missouri.
A calendar month.
An affirmation in all cases in which 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."
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.
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, personal representative,
conservator, trustee, receiver, or other representative appointed
according to law. Whenever the word "person" is used in 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 any Section of this Code.
Includes money, goods, chattels, things in action and evidences
of debt.
Any street, alley, boulevard, parkway, highway, sidewalk
or other public thoroughfare.
Is coextensive with lands, tenements and hereditaments.
Any transfer of title or possession or both, exchange, trade
or barter, conditional or otherwise, in any manner whatsoever or by
whatever means, for any consideration or agreement therefor.
Is to be considered a mandatory requirement; it means that
it must be done.
Any portion of the street between the curbline and adjacent
property line which is intended for the use of pedestrian traffic.
Wherever the written signature of a person is required, the
proper handwriting of the person or his/her legitimate mark shall
be intended to be placed at that point on the said document or paper.
The State of Missouri unless explicitly specified otherwise.
Any and all public ways, highways, streets, avenues, boulevards,
parkways, alleys or any other public thoroughfare and each of such
works shall include each and every one of them and all of them inclusively.
When applied to a building or land, shall include any person
who occupies any part or the whole of any such building or land whether
they occupy it alone or with others.
Printing, lithographing or any other mode of representing
words and letters.
A calendar year.
[R.O. 2016 § 100.080; CC 1994 § 1.210]
The Official Copy of this Code, having
the signature of the Mayor and attestation of the City Clerk as to
the adoption shall be kept on file in the office of the City Clerk.
A copy of the Code shall be kept in the City Clerk's office available
for public inspection, however, it cannot be removed from the City
Hall. Also, a copy of the Code shall be kept at the City's Library.
[R.O. 2016 § 100.090; CC 1994 § 1.215]
All general provisions, terms, phrases
and expressions contained in this Code shall be liberally construed
in order that the true intent and meaning of the City Council may
be fully carried out.
[R.O. 2016 § 100.100; CC 1994 § 1.220]
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 laws of the City of Park Hills, Missouri, to
be misrepresented thereby.
[R.O. 2016 § 100.110; CC 1994 § 1.225]
The number before the period shall
refer to the Chapter and the number after the period shall refer to
the Section of that Chapter.
[R.O. 2016 § 100.120; CC 1994 § 1.230]
All amendments to this Code duly
passed by the City Council shall be immediately considered a part
hereof.
[R.O. 2016 § 100.130; CC 1994 § 1.240]
A.
Whenever any ordinance or part of an ordinance
shall be repealed or modified, either expressly or by implication,
by subsequent ordinance, the ordinance or part of an ordinance thus
repealed or modified shall continue in force until the subsequent
ordinance repealing or modifying the prior ordinance 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 otherwise
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 therein otherwise be expressly provided,
except that all proceedings had after the repeal becomes effective
are governed by procedural rules and laws then in effect, insofar
as they are applicable, and 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.
[R.O. 2016 § 100.140; CC 1994 § 1.245]
It is hereby declared to be the intention
of the Council of the City of Park Hills that the Chapters, Sections,
paragraphs, sentences, clauses and phrases of this Code are severable,
and if any phrase, clause, sentence, paragraph, Section, or Chapter
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 effect any other
remaining phrases, clauses, sentences, paragraphs, Sections, and Chapters
of this Code since the same will have been enacted by the Council
for the City of Park Hills without the incorporation in this Code
of any unconstitutional or invalid phrase, clause, sentence, paragraph,
Section, or Chapter.
[R.O. 2016 § 100.150; CC 1994 § 1.250]
Acceptance of the rights specifically
provided or indicated by the context, or words used in this Code indicating
the present tense shall not be limited to the time of adoption of
this Code which shall extend to and include the time and the happening
of any act, event, or requirement for which provision is made herein,
either as a power, immunity, retirement, or provision.
[R.O. 2016 § 100.160]
A.
Whenever, in any Statute, words importing
the plural number are used in describing or referring to any matter,
parties or persons, any single matter, party or person is included,
although distributive words are not used.
B.
When any subject matter, party or person
is described or referred to by words importing the singular number
or the masculine gender, several matters and persons, and females
as well as males, and bodies corporate as well as individuals, are
included.
[R.O. 2016 § 100.170; CC 1994 § 1.300]
A.
Whenever notice may be required under the
provisions of this Code or other City ordinances, unless the Code
or ordinances expressly direct a different method of service, the
same shall be served in the following manner:
1.
By delivering the notice to the person
intended to be notified personally, or by leaving the notice at his/her
residence with some member of his/her family over the age of fifteen
(15) years, or by leaving the notice at the office or place of business
with some person of suitable age and discretion; or
2.
By mailing said notice by certified
mail to such person intended to be notified at last known address;
or
3.
By mailing said notice by first class
mail to the last known address of the person intended to be notified;
or
4.
If the person intended to be notified is unknown, or may not be notified under Subsection (A)(1), (2), and (3) hereof, then by posting said notice in some conspicuous place on the premises at least five (5) days before the actual action concerning which the notice is given to take place. No persons shall interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any City Officer, unless permission is given by said Officer; or
5.
By delivering the notice to the person
intended to be notified in any other manner provided by State Statute
or Missouri Supreme Court Rule.
[R.O. 2016 § 100.180; CC 1994 § 1.310]
In computing any period of time prescribed
or allowed by this Code or by notice or order issued pursuant thereto,
the day of the act, event or default after the designated period of
time begins to run is not to be included. The last day of the period
so computed is to be included, unless it is a Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Sunday nor a legal holiday. When the period of time prescribed
or allowed is less than seven (7) days, intermediate Sundays and legal
holidays shall be excluded in the computation. A half holiday shall
be considered as other days and not as a legal holiday.
[R.O. 2016 § 100.190; CC 1994 § 1.320]
Whenever in this Code or other ordinance
of the City it is required that notice be published in the "official
newspaper" or a "newspaper of general circulation" those terms shall
mean any newspaper of general circulation within the City of Park
Hills or within St. Francois County regardless of its place of publication.
Whenever a provision appears in this Code requiring the head
of a department or an officer of the City to do some act or make certain
inspections, it may be construed to authorize the head of the department
or officer to designate, delegate and authorize subordinates to perform
the required act or make the required inspections, unless the terms
of the provision or Section designate otherwise.
