[R.O. 2008 §100.010; Ord. No. 4882 §1, 5-14-1990; Ord. No. 7830 §1, 3-14-2016]
All ordinances of the City of Maryville, Missouri, shall be
interpreted and construed in accordance with the following provisions,
unless such interpretation and construction would be inconsistent
with the manifest intent of the City Council. 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this Code is now or in the future superseded or preempted by State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.
[R.O. 2008 §100.020; Ord. No. 4882 §1, 5-14-1990]
The following words shall have the meanings respectively ascribed
to them:
Whenever the words "and/or" are used, "and" shall apply where possible; otherwise, "or" shall apply.
Includes certified mail carried by the United States Postal
Service or any parcel or letter carried by an overnight, express or
ground delivery service that allows a sender or recipient to electronically
track its location and provides record of the signature of the recipient.
[Ord. No. 7211 §1, 5-10-2010]
The word "City" or "Municipality" means the City of Maryville, Missouri.
Conjunctive and disjunctive words may be interchangeable
to effect the purpose of any provisions.
The word "Council" or the words "City Council" mean the legislative body of the City of
Maryville, Missouri.
The word "County" means the County of Nodaway,
Missouri.
Words importing masculine gender shall apply to females and
to firms, associations, partnerships and corporations.
All words purporting to give joint authority to three (3)
or more public officers or other persons shall be construed as giving
such authority to a majority of officers or other persons, unless
it is otherwise expressly declared in the ordinance granting the authority.
The word "month" shall be construed to mean
a calendar month.
Words in either the singular or plural numbers shall include
either or both numbers and may apply in any instance to a particular
person or persons.
The word "oath" shall be construed to include
the word "affirmation" in all cases where by law
an affirmation may be substituted for an oath and in like cases the
word "sworn" shall be construed to include the word "affirmed".
The several officers' titles mean such Officers of the City.
The word "owner", applied to a building
or land, shall include any part-owner, land contract vendee, 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.
The word "person" includes firms, joint
adventures, partnerships, corporations, clubs, and all associations
or organizations of natural persons, either incorporated or unincorporated,
howsoever operating or named, and whether acting by themselves or
by a servant, agent or fiduciary, and includes all legal representatives,
heirs, successors and assigns thereof.
The words "preceding" and "following", when used by way of reference to any Title, Chapter or Section of
any ordinance of the City, shall be construed to mean the Title, Chapter
or Section next preceding or next following that in which such reference
is made unless when some other Title, Chapter or Section is expressly
designated in such reference.
The word "property" shall include real and
personal property.
The words "public place" mean any street,
alley, park, cemetery, public building, or any place of business or
assembly or parking lot, or any other premises open to the public
or frequented by the public.
A person serving a public agency, with or without compensation,
as a Law Enforcement Officer or emergency personnel and having power
of arrest.
In all cases in which the seal of any court or public office
shall be required to be affixed to any paper issuing from such court
or office, the word "Seal" shall be construed to mean the impression
of such seal on such paper alone, as well as the impression of such
seal affixed thereto by means of a wafer or wax.
The word "shall" means imperative or mandatory;
the word "may" means permissive.
The words "signature" and "subscription" include a mark when the person cannot write.
The word "State" means the State of Missouri.
Words used in the present or past tense shall be construed
as including the future as well as the present or past.
The key words used as headings, titles or catchlines for
Chapter, Sections and Subsections are inserted for convenience and
to facilitate search, and such words shall not be construed to limit
or affect the meaning of any of the provisions hereof.
The word "week" shall be construed to mean
seven (7) days.
The words "written" or "in writing" may include any form of reproduction or expression of language.
The word "year" shall be construed to mean
a calendar year; and the word "year" alone, shall
be equivalent to the words "year of our Lord".
[R.O. 2008 §100.030; Ord. No. 4882 §1, 5-14-1990]
Whenever in accordance with the provisions of this Code or any
ordinance of the City, any specific act is required to be done by
any designated Officer or Official of the City, such act may be performed
by any City employee duly authorized to perform that act by such officer
or official.
[R.O. 2008 §100.040; Ord. No. 4882 §1, 5-14-1990]
The time within which an act is to be done, as provided in this
Code or in any order issued pursuant to this Code, when expressed
in days, shall be computed as prescribed by State Statute.
[R.O. 2008 §100.050; Ord. No. 4882 §1, 5-14-1990]
Standard time, Central division, shall be the official time
of the City except during such period of time as may be designated
Daylight Savings Time by State or Federal law.
When an ordinance repealing a former ordinance, clause or provision
is itself repealed, it does not revive the former ordinance, clause
or provision, unless it is otherwise expressly provided; nor shall
any ordinance repealing any former ordinance, clause or provision
abate, annul or in anywise affect any proceedings had or commenced
under or by virtue of the ordinance so repealed, but the same is as
effectual and shall be proceeded on to final judgment and termination
as if the repealing ordinance had not passed, unless it is otherwise
expressly provided.
[R.O. 2008 §100.070; Ord. No. 4882 §1, 5-14-1990]
Whenever an ordinance is adopted, all ordinances or parts of
ordinances in conflict therewith shall, to the extent of such conflict,
be repealed.
No offense committed and no fine, penalty or forfeiture incurred,
or prosecution commenced or pending previous to or at the time when
any ordinance 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 that all such proceedings shall be conducted according
to existing procedural laws.
[R.O. 2008 §100.090; Ord. No. 4882 §1, 5-14-1990]
This Code shall be cited as The Municipal Code of the
City of Maryville, Missouri.
[R.O. 2008 §100.100; Ord. No. 4882 §1, 5-14-1990]
If any part of an ordinance or the application thereof to any
person or circumstance shall be found to be invalid by any court,
such invalidity shall not affect the remaining parts or applications
of the ordinance which can be given effect without the invalid part
or application, provided such remaining parts are not determined by
the court to be inoperable, and to this end ordinances are declared
to be severable.
[R.O. 2008 §100.110; Ord. No. 4882 §1, 5-14-1990]
Every person who shall aid, abet, encourage or entice another
to violate any of the provisions contained in this Code, or any ordinance
of the City shall be deemed an accessory to the commission of such
offense, and shall be deemed guilty of an ordinance violation.
