|
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The ordinances embraced in this and the following chapters and sections shall constitute and be designated the “Code of Ordinances of the City of Warrensburg, Missouri,” and may be so cited. The ordinances may also be cited as the “City Code.”
(Code 1970, § 1-1).
Sec. 1-2. Definitions and rules of construction.
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 expressly provided in any section or ordinance, or unless inconsistent with the manifest intent of the city council, or unless the context clearly requires otherwise:
City. The words “the city” or “this city” shall mean the city Warrensburg, Missouri.
City council. The words “city council” or “the council” shall mean the city council of Warrensburg, Missouri.
Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.
State law reference – Similar construction, RSMo 1.040.
County.The words “the county” or “this county” shall mean the County of Johnson in the State of Missouri.
Gender.When any subject matter, party or person is described or referred to by words importing the masculine gender, females as well as males, and bodies corporate as well as individuals, shall be deemed to be included.
State law reference – Similar construction, RSMo 1.030(2).
Joint authority. Words importing authority to three (3) or more persons shall be construed as authority to a majority of such persons.
State law reference – Similar construction, RSMo 1.050.
Keeper and proprietor. The words “keeper” and “proprietor” shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
May. The word “may” is permissive.
Minimum standards. 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.
Month. The word “month” shall mean a calendar month.
State law reference – Similar definition, RSMo 1.020(9).
Municipal court. The term “municipal court” shall mean the Warrensburg Municipal Court, a Division of the 17th Judicial Circuit Court of the State of Missouri.
Nontechnical and technical words. Words and phrases shall be taken in their plain or ordinary or usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import
State law reference – Similar construction, RSMo 1.090.
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.
State law reference – Similar construction, RSMo 1.030(1).
Oath. The word “oath” shall be construed to include 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.”
Office, officer, department, board, commission or other agent or agency. The naming of any office, officer department, board, commission or other agent or agency shall be construed as if followed by the words “of Warrensburg, Missouri.” Any such reference shall be deemed to include any person authorized by law to perform the duties of any such office, officer, department, board, commission or other agent or agency.
Owner 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 entirety, of the whole or of a part of such building or land.
Person. 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 the 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. The term “personal property” includes money, goods, chattels, things in action and evidences of debt.
State law reference – Similar construction, RSMo 1.020(11).
Preceding, following. The terms “preceding” and “following,” when used by way of reference to any section of the statues, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference.
State law reference – Similar definition, RSMo 1.020(13).
Property. The word “property” includes real and personal property.
State law reference – Similar construction, RSMo 1.020(14).
Public place. The term “public place” shall include any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream and any place or business open to the use of the public in general, open to public view or to which the public has access.
Public way. The words “public way” shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
Real property, premises, real estate, lands. The terms “real property, “ “premises,” “real estate” or “lands” shall be deemed to be coextensive with lands, tenements and hereditaments.
State law reference – Similar construction, RSMo 1.020(15) .
Residence. The term “residence” shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such a person sleeps shall be deemed his residence.
RSMo. The abbreviation “RSMo” shall mean the latest edition of the Revised Statutes of Missouri, as amended.
Shall. The word “shall” is mandatory.
Sidewalk. The work “sidewalk” shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature or subscription. The “signature” or “subscription” of a person shall include a mark when the person cannot write.
State. The words “the state” or “this state” shall be construed to mean the State of Missouri.
Street. The word “street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.
Tenant, occupant. 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 building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Week. The word “week” shall be construed to mean seven (7) days.
Written, in writing. The words “written” and “in writing” shall include printing, lithographing or other mode of representing words and letters.
State law reference – Similar construction, RSMo 1.020(20)
Year. 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.”
(Code 1970, §§ 1-2, 7-1)
State law reference – Similar construction, RSMo 1.020(9).
Sec. 1-3. Construction of Code.
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.
State law reference – Construction of statutes generally, RSMo 1.010, 1.210.
Sec. 1-4. Catchlines of sections.
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 reenacted.
(Code 1970, § 1-3)
Sec. 1-5. History notes.
The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.
Sec. 1-6. References and editor’s notes.
The references and editor’s notes appearing throughout this Code are not intended to have any legal effect but are merely intended to assist the users hereof.
Sec. 1-7. Provisions considered as continuations of existing ordinances.
The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the adoption of this Code, shall be considered as continuations thereof and not as new enactments.
Sec. 1-8. Certain ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any of the following, when not inconsistent with this Code:
(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code;
(2) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness, or any contract or obligation assumed by the city;
(3) Any ordinance levying annual taxes;
(4) Any ordinance adopted for purposes which have been consummated;
(5) Any ordinance which is temporary, although general in effect or special, although permanent in effect;
(6) Any ordinance pertaining to personnel policies for city officers and employees;
(7) Any ordinances of the city adopting or providing for social security, retirement and pension funds and plans, insurance coverage and other benefits for officers and employees of the city;
(8) Any ordinance pertaining to the reserve policemen of the city;
(9) Any administrative ordinances of the city, not in conflict or inconsistent with the provisions of this Code;
(10)Any ordinance fixing salaries of officers or employees of the city;
(11)Any appropriation ordinance;
(12)Any right or franchise granted by the city council to any person;
(13)Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the city;
(14)Any ordinance establishing and prescribing the street grades of any street in the city;
(15)Any ordinance providing for local improvements or assessing taxes therefor;
(16)Any ordinance dedicating or accepting any plat or subdivision in the city;
(17)Any ordinance annexing property to the city;
(18)Any ordinance zoning or rezoning specific property;
(19)Any ordinance establishing the territorial boundaries of the city or any voting precinct therein;
(20)Any ordinance establishing fines for violations of parking ordinances or regulations;
(21)Any ordinance establishing any speed limit, one-way street, traffic device, signal or marking, any parking regulation , or any limitation placed upon the use of any specific street for vehicles or pedestrians;
(22)Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones;
(23)Any ordinance fixing utility rates and charges not otherwise established in this Code;
(24)Any ordinance adopted in executive session or closed meeting of the city council;
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city clerk’s office.
(Code 1970, § 2-11; Ord. No. 1577, § 3, 3-9-70)
Sec. 1-9. Repeal of ordinance not to affect liabilities, etc.
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 ordinance repealing or modifying it 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.
(Code 1970, § 1-4)
State law reference – Effect of repeal of laws, RSMo 1.150 – 1.180
Sec. 1 – 10. 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.
(Code 1970, § 1-4; Ord. No. 1577, § 3, 3-9-70)
State law reference – Similar provisions, RSMo 1.150.
Sec. 1-11. Amendments to Code.
(a) Ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, 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 and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council.
(b) 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 Code of Ordinances of the City of Warrensburg, Missouri, is hereby amended to read as follows: _________(Set out new provisions in full)_____.”
(c) When the city council 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 city council, 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 Warrensburg, Missouri, and the sections of this ordinance may be renumbered to accomplish such intention.”
(d) 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.
(Code 1970, § 1-6)
Sec. 1-12. Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include substantive permanent and general parts of ordinances passed by the city council, except those ordinances adopted in executive session or closed meetings, or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections ______to_____” (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code): and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Sec. 1-13. Altering Code.
It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code, 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 to be misrepresented thereby.
(Code 1970, § 1-7; Ord. No. 1577, § 8, 3-9-70)
Cross reference – Offenses against public administration, § 14-21 et seq.
State law reference - Tampering with a public record, RSMo 575.110.
Sec. 1-14. Severability of parts of Code.
The provisions of every section, paragraph, sentence, clause and phrase of this Code is severable. If any such provision is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions thereof are valid unless the court finds such valid provisions are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be presumed the city council would have enacted the valid provisions without the void ones; or unless the court finds that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the intent of the city council.
(Code 1970, § 1-5)
State law reference-Similar provisions, RSMo 1.140.
Sec. 1-15. General penalty; continuing violations.
(a) Whenever in this Code or in any ordinance or resolution of the city, any act is prohibited or is made or declared to be unlawful or an offense or infraction, or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of any such provision of this Code, ordinance or resolution shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months or by both such fine and imprisonment; as may be just for any offense, recoverable with costs of suit, together with judgment of imprisonment, until the fine and costs are paid and satisfied; and any person committed for the nonpayment of fines and costs, or either, may be compelled to work out the same; provided however, that in any case wherein the penalty for an offense is fixed by any state law or statute, the same penalty so fixed by state law or statute shall be imposed for the punishment of such offense and no other. Imprisonments, when made under this section may be in the city jail instead of the county jail.
(b) Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
(c) In addition to the penalty provided in subsection (a), any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the city abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
(Code 1970, § 1-8)
State law reference – Maximum penalty for ordinance violations, RSMo 77.590.
(c) In addition to the penalty provided in subsection (a), any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such a condition continues shall be regarded as a new and separate offense.
(d) In addition to the penalty provisions previously established, the municipal division judge is authorized to assess one dollar ($1.00) for each municipal ordinance violations case. The additional costs collected shall be used for the purpose of providing operating expenses for shelters for battered persons as established by RSMo 455.200 through 455.230. The costs shall be collected by the clerk and disbursed monthly.
(Code 1970, § 1-8; Ord. No. 2828, § 1, 4-12-93)
State law reference – Maximum penalty for ordinance violations, RSMo 77.590
Sec. 1-16. Prosecution where different penalties exist for same offense.
In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the city, the city attorney may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense.
(Code 1970, § 1-9)
Sec. 1-17. Imprisonment for failure to pay fine or costs of prosecution.
When a sentence for violation of any provision of this Code or any other ordinances of the city, or for violation of any rule, regulation or order promulgated or given pursuant thereto, includes a fine and such fine is not paid, or if the costs of prosecution adjudged against an offender are not paid, the person under sentence shall be imprisoned one (1) day for every ten dollars ($10.00) of any such unpaid fine or costs, or both the fine and costs, not exceed a total of three (3) months.
State law reference – Municipal authority to impose prison sentence to work off unpaid fines, RSMo 77.590.
Sec. 1-18. Authorized dispositions.
(a) Whenever any person has been found guilty, or has plead guilty, to an offense under this Code, the judge of the municipal division may make one (1) or more of the following dispositions of the offender in any appropriate combination. The court may:
(1) Sentence the offender to any lawful term of imprisonment under chapter 1 of the Code;
(2) Sentence the offender to pay a fine as authorized under chapter 1 of the Code;
(3) Suspend the imposition of sentence, with or without placing the person on probation;
(4) Pronounce sentence and suspend its execution, placing the offender on probation;
(5) Impose a period of detention as a condition of probation.
(b) This section shall not be construed to deprive the court of any authority conferred by law. Any action authorized by this Code or other law may be taken by the municipal division as necessary.
(Ord. No. 3490, § 1, 11-22-99)
Sec. 1-19. Search warrants, procedure and hearing.
(a) A “search warrant,” under this section, is a written order of a court commanding or authorizing the search or inspection of any property or the seizure of any property within the limits of the city.
(b) A search warrant may be issued in aid of the enforcement of any provision of this Code as the same may be otherwise required by law, by the judge of any court as described in section 542.266 RSMo, as amended from time to time, or by the judge of the Warrensburg Municipal Division of the Circuit Court of Johnson County.
(c) The city manager, or other city official designated by the city manager may make application for such a warrant for purposes of enforcing the provisions of this Code as is required by law.
(d) The application shall be in writing, shall state the time and date of the making of said application, shall identify the physical address of the property or properties to be inspected, or if identifying items to be seized, shall describe the property with sufficient detail and particularity that the officer executing the warrant can easily ascertain it; shall state facts sufficient to show probably cause for issuance of a warrant, and shall be verified by oath or affirmation. The application may be supplemented by a written affidavit verified by oath or affirmation which shall be considered in determining whether there is probable cause for the issuance of a search warrant. Oral testimony shall not be considered.
(e) The judge shall hold a nonadversary hearing to determine whether sufficient facts have been stated to justify the issuance of the search warrant. If it appears from the application and any supporting affidavit that there is probable cause to issue a warrant, then a search warrant shall immediately be issued. The warrant shall be issued in the form of an original and two (2) copies.
(f) The application and any supporting affidavit and a copy of the warrant shall be retained in the records of the court from which the warrant was issued or in the permanent records of the city.
(g) The search warrant shall be in writing and in the name of the State of Missouri, shall be directed to the officer to execute the same, shall identify the property to be searched or seized with sufficient detail and particularity that it can be readily ascertained by the executing officer, command that the warrant be executed within ten (10) days after the date of the application, and be signed by the judge, with his title and office indicated.
(h) A search warrant shall be executed as soon as practicable. The warrant shall expire if it is not executed and the return made within ten (10) days after the date of making of the application.
(i) After execution of the search warrant, the warrant with a return thereon, signed by the official executing the search, shall be delivered to the judge who issued the warrant. The return shall show the date the search and/or seizure was conducted.
(j) The search shall be conducted in a reasonable manner during the daytime hours.
(Ord. No. 3489, §§ 1,2, 11-22-99)
|