Chapter 10 – Adoption of Revised Ordinances

Chapter 10 — Adoption of Revised Ordinances

 

10.010.    Contents of Code.  This Code contains all ordinances of a general and permanent nature of the City of Holden, Missouri and includes ordinances dealing with municipal administration, municipal elections, building and property regulation, business and occupations, health and sanitation, public order, and similar subjects.

 

  1. Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed a part hereof.

 

  1. Ordinances which are of a general or permanent nature shall be prepared for insertion in this code and be deemed a part hereof.

10.020.    Citation of Code.  This Code may be known and cited as the “Holden, Missouri, City Code.”

 

10.030.    Official copy.  The official copy of this Code, bearing the signature of the mayor and attestation of the city clerk as to its adoption shall be kept on file in the office of the city clerk.  A copy of this Code shall be kept in the city clerk’s office available for public inspection.

 

10.040.    Altering Code.  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 Chapter 13 of this Code.

 

10.050.    Numbering.  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.  The latter figure shall consist of three digits.

 

10.060.    Amendments to Code.  All amendments to this Code, duly passed by the City Council, shall be prepared by the city clerk for insertion in this Code.

Chapter 11 – Definitions

Chapter 11 — Definitions

11.010.    Definitions.  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:

 

  1. The words “the City” or “this City” or “City” shall mean the City of Holden, Missouri.

 

  1. City Council. The words “City Council” shall mean the City Council of Holden, Missouri.

 

  1. The words “the county” or “this county” or “county” shall mean the County of Johnson, Missouri.

 

  1. The word “day” shall mean a day of 24 hours, beginning at 12 o’clock midnight.

 

  1. Keeper; proprietor. The words “keeper” and “proprietor” shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or by a representative, servant or agent.

 

  1. The word “may” is permissive.

 

  1. The word “mayor” shall mean the mayor of Holden, Missouri.

 

  1. The word “month” shall mean a calendar month.

 

  1. The word “oath” 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.”

 

  1. The word “owner,” 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.

 

  1. The word “person” 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.

 

  1. Preceding, following. The word “preceding” and “following” shall mean next before and next after, respectively.
  2. The word “property” shall include real and tangible and intangible personal property.
  3. Public way. The words “public way” shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

 

  1. Real property. The terms “real property,” “premises,” “real estate” or “lands” shall be deemed to be co-extensive with lands, tenements and hereditaments.

 

  1. the word “shall” is mandatory.

 

  1. the word “sidewalk” shall mean that portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.

 

  1. Where the written signature of any person in required, the proper hand-writing of such person or his mark shall be intended.

 

  1. The word “the state”, or “this state” or “state” shall mean the State of Missouri.

 

  1. The word “street” 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.

 

  1. Tangible personal property. “Tangible personal property” shall include goods, chattels and all personal property, except intangible personal property.

 

  1. 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.

 

  1. The word “writing” and “written” shall include printing, lithographing or any other mode of representing word and letters.

 

  1. The word “year” shall mean a calendar year, unless otherwise expressed, and the word “year” shall be equivalent to the words “year of our Lord.”

 

(Ord. #7-87) 25.    Public Places.  “Public place” shall be interpreted to mean any place to which the general public has access and a resort for business, entertainment, or other lawful purposes, but does not mean a place devoted solely to the uses of the public.  It shall also include the front, or immediate surrounding area, including the parking areas of any store, shop, restaurant, tavern, or other place of business, and also includes all designated public grounds, areas, and parks.

 

11.020.    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 such 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.

Chapter 12 – Construction of Ordinances

Chapter 12 — Construction of Ordinances

12.010.    Construction, generally.  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.  Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to the technical import.

 

12.020.    Headings.  The headings of the chapters and sections of this Code are intended as guides and not as part of this Code for purposes of interpretation or construction.

 

12.030.    Continuation of prior ordinances.  The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.

 

12.040.    Repeal of ordinances not to affect liabilities.  Whenever any ordinance or part of an 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 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 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.

 

12.050.    Repeal not to revive former ordinance.  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.

 

12.060.    Severability.  It is hereby declared to be the intention of the City Council 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 City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

 

12.070.    Tense.  Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event, or requirement for which provision is made herein, either as a power, immunity, requirement. or prohibition.

 

12.080.    Notice.  Whenever notice may be required under the provisions of this Code or other city ordinance, the same shall be served in the following manner:

  1. By delivering the notice to the owner personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion, or

 

  1. By mailing said notice by certified or registered mail to such owner at his last known address, or

 

  1. If the owner is unknown, or may not be notified under the requirements of Section 12.080 (1) or (2), then by posting said notice in some conspicuous place on the premises at least five (5) days before the act or action concerning which the notice is given is to take place. No person 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.

12.090.    Same, exceptions.  The provisions of the preceding section shall not apply to those chapters of this Code wherein there is a separate definition of notice.

12.100.    Computation of time.  In computing any period of time prescribed or allowed by this Code or by any notice or order issued pursuant thereto, the day of the act, event or default after which 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 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.

 

12.110.    Gender.  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.

 

12.120.    Joint authority.  Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.

 

12.130.    Number.  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; and, when words importing the plural number are used, the singular shall be deemed to be included.

Chapter 13 – Penalties

Chapter 13 — Penalties

13.010.    General penalty.  Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the city or county jail not exceeding ninety days or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a statute of the state, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the city prison or workhouse instead of the county jail.

 

13.020.    Every day a violation.  Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

 

13.030.    Responsibility.  Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act.  Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.

 

13.040.    Imprisonment upon failure to pay penalty imposed for violation of ordinance.  When a fine shall be imposed for the violation of any ordinance of the City of Holden or any section thereof the court may also sentence the defendant to pay the cost of the action and to be imprisoned until such fine and costs are paid, in no case, however, to exceed three months, and the court may also issue an execution against the property of the defendant for said fine and costs.