This Code contains all ordinances of a general and permanent nature of the City of Gerald, Missouri, and includes ordinances dealing with municipal administration, municipal elections, building and property regulation, business and occupations, health and sanitation, public order, and similar objects.
This Code may be known and cited as the "Gerald, Missouri, City Code."
[Ord. No. 833 § 1, 1-12-2017]
At least three (3) copies of the published book shall be kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours.
[Ord. No. 833 § 2, 1-12-2017]
It shall be unlawful for any person 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 Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.100 of this Code.
This provision shall not apply to amendments, additions, or deletions to this Code, duly passed by the Board of Aldermen, which may be prepared by the City Clerk for insertion in this Code.
Each Section number of this Code shall consist of two parts separated by a period; the figure before the period referring to the Chapter number, and the figure after the period referring to the position of the Section in the Chapter. Both figures shall consist of three (3) digits.
All amendments to this Code, duly passed by the Board of Aldermen, shall be prepared by the City Clerk for insertion in this Code.
In the construction of this Code and of all other ordinances of the City, the following definitions 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:
- BOARD OF ALDERMEN
- The Board of Aldermen of the City of Gerald, Missouri.
- CIRCUIT COURT
- The 20th Judicial Circuit of the State of Missouri.[Ord. No. 885, 4-11-2019]
- CIRCUIT COURT JUDGE
- An Associate Circuit Judge of the Circuit Court.[Ord. No. 885, 4-11-2019]
- The words "the City", "this City" or "City" shall mean the City of Gerald, Missouri.
- The words "the County" or "this County" or "County" shall mean the County of Franklin, Missouri.
- A day of twenty-four (24) hours, beginning at 12:00 Midnight.
- The word "may" is permissive.
- The Mayor of the Board of Aldermen of City of Gerald, Missouri.
- A calendar month.
- Shall be construed to include 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."
- 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.
- 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
- Shall include 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 lands, tenements and hereditaments.
- The word "shall" is mandatory.
- 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/her mark shall be intended.
- The words "the State" or "this State" or "State" shall mean the State of Missouri.
- Shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.
- 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.
- The words "in writing" and "written" shall include 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."
Newspaper. 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 published in the City," and if there is no newspaper published within the City, the said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication. Such newspaper shall not include an advertising circular or other medium for which no subscription list is maintained.
No provision of this Code shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law and furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Code is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.
[Ord. No. 833 § 3, 1-12-2017]
[Ord. No. 833 § 4, 1-12-2017]
It is hereby declared to be the intention of the Board of Aldermen 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 judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, Sections and Chapters 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.
[Ord. No. 874, 8-9-2018]
Where any Section of the Code refers to fees as set forth in Chapter 100, those fees will be as set forth in Appendix A of this Chapter.
[Ord. No. 868 § 2, 2-22-2018]
The City shall be entitled to enforce any provision of this Code through all remedies lawfully available, and any person determined judicially to have violated the terms of this Code shall further be liable to pay the City's costs and attorneys' fees in enforcing such Code provisions. Additionally, any user of City services, right-of-way or other City facilities or property shall, as a condition of such use or continued use, to the full extent permissible by law, be liable to pay the City's costs and attorneys' fees incurred in enforcing any lawful requirement applicable to such use, whether arising in contract, statute, ordinance, or other enforceable duty as to such use.
Editor's Note: Section 1 of this ordinance provides that the whereas clause, which states that the City is authorized to recover costs arising from violators of laws, is specifically incorporated by reference. The full text of said whereas clause is on file in the City offices. Section 3 of this ordinance also provided for the renumbering of former Section 100.100 as Section 100.120.
[Ord. No. 868 § 2, 2-22-2018]
Any person who fails to hold and maintain a current and valid agreement with the City to use the City's land or facilities has no right to holdover and shall be subject to the provisions and City remedies of this subsection in addition to all other remedies and penalties as may otherwise exist in applicable law. Any claimed holdover right shall be deemed void and terminated upon expiration of a valid use agreement unless the City has affirmatively in writing authorized the holdover, or as otherwise may be required by law. Where an agreement, lease, or other agreement for use of public land and/or facilities expires, and in addition to any penalties or other requirements therein, the licensee during any period without a valid agreement shall, during any period of unauthorized use:
Indemnify the City from any liability arising from the use;
Pay any damages and costs of the City from such use, including attorneys' fees incurred in enforcing this Chapter, and
Make payment of compensation in the amount of two times the monthly rent based on the greater of either the last expired agreement or the fair market value, if a holdover, and two times the market rental value reasonably determined by the City, if no prior agreement, until a valid agreement is executed with the City or the attachments and/or use is fully removed, the property restored and all obligations to the City satisfied.
Unless otherwise provided in an unexpired agreement, the licensee shall also be responsible for interest on all amounts owed and at a rate of one and one-half percent per month. Nothing in these provisions, remedies or compensation requirements, or acceptance or enforcement thereof by the City, shall be deemed to accept or authorize any use of public property without a required agreement, or after the expiration of such agreement, or otherwise in violation of applicable requirements.
Editor's Note: Section 1 of this ordinance provides that the whereas clause, which states that the City is authorized to recover costs arising from violators of laws, is specifically incorporated by reference. The full text of said whereas clause is on file in the City offices.