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Chapter 1 - General Provisions
- § 1-1. How Code designated and cited.
- § 1-2. Definitions and rules of construction.
- § 1-3. Catch lines of sections; provisions considered as continuations of existing ordinances.
- § 1-4. Severability of parts of Code.
- § 1-5. Repeal of ordinance not to affect liabilities, etc.
- § 1-6. Repeal not to revive former ordinance.
- § 1-7. General penalty.
- § 1-8. City seal.
- § 1-9. City logo.
- § 1-10. Custody and distribution of copies of Code.
- § 1-11 to 1-15. Reserved.
Sec. 1-1. How Code designated and cited.
The ordinances embraced in this and the following chapters and sections shall constitute and may be designated "The Code of the City of Rolla, Missouri" and may be so cited. Such ordinances may also be cited as "Rolla City Code."
Sec. 1-2. Definitions and rules of construction.
In the construction of this Code and of all other 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 required otherwise:
City. The words "the city" or "this City" shall mean the City of Rolla, Missouri.
City council. The words "city council" or "the council" shall mean the city council of Rolla.
Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded.
County. The words "the county" shall mean the County of Phelps, State of Missouri.
Fiscal year. The word "fiscal year" shall mean the financial year of the city, and shall include that period of time from the first day of July of any calendar year to the thirtieth day of June of the next calendar year, both dates inclusive.
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.
Joint authority. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.
Month. The word "month" shall mean a calendar month.
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.
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 word "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Owner. 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.
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 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.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
Property. The word "property" shall include real and tangible and intangible personal property.
Public way. The words "public way" shall include 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.
Shall, may. The word "shall" is mandatory, and the word "may" is permissive.
Sidewalk. 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.
Signature. Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.
State. The words "the state" or "this State" shall mean the State of Missouri.
Street. 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.
Tangible personal property. "Tangible personal property" shall include goods, chattels and all personal property, except household goods, furniture, wearing apparel and articles of personal use and adornment owned and used by a person in his home or dwelling place, and intangible personal property.
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.
Term - Council Representation. Unless specified to the contrary the term of any Council Representative appointed to a committee or board shall be one year from May through April. An appointed Council Representative will continue until a successor is approved by the City Council. (Ord. 3373, 1)
Writing. The word "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters.
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."
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. (Ord. 1886, 2; Ord. 1900, 1.)
Sec. 1-3. Catch lines of sections; provisions considered as continuations of existing ordinances.
The catch lines of the several sections of this Code printed in boldface, italic or underlined 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 section, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or re-enacted.
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the adoption of "The Code of the City of Rolla, Missouri," shall be considered as a continuation thereof and not as new enactments.
Sec. 1-4. Severability of parts of Code.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section 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 and sections 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.
Sec. 1-5. 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 the same 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 provision had continued in force, unless it shall be therein otherwise expressly provided.
Sec. 1-6. 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.
Sec. 1-7. General penalty.
Except as hereinafter provided, whenever in this Code or in any other ordinance of the city or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or in such other city ordinance, rule, regulation or order 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 or of any other ordinance of the city or of any rule, regulation or order promulgated pursuant to such Code or other city ordinance shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a period of not exceeding three months, or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or other statute of the state limits the authority of the city to punish the violation of any particular provision of this Code or other city ordinance or rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this Section or imprisonment for a shorter term than that provided in this Section, then the violation of such particular provision of this Code or other city ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine or imprisonment.
Each day any violation of this Code or any other city ordinance or rule, regulation or order promulgated pursuant thereto shall continue to constitute a separate offense, unless otherwise provided. (Ord. 1727, 1.)
Sec. 1-8. City seal.
The city seal heretofore used by the city shall be the seal of this city until changed by the city council, and shall be attached to all ordinances, resolutions and orders passed by the city council, and to the authentication of all official acts of the mayor and city clerk, and the city clerk shall be the custodian of such seal. (Ord. 29, 1.)
Sec. 1-9. City logo.
The City Council of the City of Rolla, MO does hereby accept and adopt the following designs representative of the City of Rolla, Missouri:
- The Logo of the City of Rolla shall consist of the name of the City in color blue imposed horizontally to be followed by the graphic lines of two foothills containing a tree, a river and a cloud as illustrated in Exhibit A attached hereto and made a part hereof.
- The Flag of the City of Rolla shall consist of the name of the City, “Rolla Missouri” in color blue with blue stars separating the words and surrounding the outline of the Frisco Train logo containing the year "1861" also in color blue contained within a white triangle from the left side of the flag. The top half of the remaining flag design will be in color red with the lower half of the remaining flag design in color blue as illustrated in Exhibit B attached hereto and made part hereof.
(Ord. 2072, §1; Repealed by Ord. 3992, §1)
Sec. 1-10. Custody and distribution of copies of Code.
- The city clerk is hereby designated as the custodial officer of the Code of the city.
- The city clerk shall keep all copies of such Code in his possession until such time as copies of such Code shall be distributed or sold, as hereinafter provided. The city clerk shall keep a record in his office, which record will indicate the number of copies of such Code in his possession, the number of copies distributed and to whom distributed under the provisions of this Section, the number of copies sold under the provisions of this Section and the amount of money received from the sale of copies of such Code.
- The city clerk is hereby authorized and directed to distribute copies of such Code to city officials, for their use.
- Each elected official - One copy
- City clerk - Three copies
- Police department - Two copies
- Fire department - One copy
- City engineer - One copy
- Board of public works - One copy
- Rolla Public Library - One copy
- Rolla Senior High School Library - One copy
- University of Missouri at Rolla - One copy
- Headquarters, Troop "I", Missouri State Highway Patrol - One copy
- Unbound copy - $200.00
- Bound copy - $225.00
- Zoning Chapter (unbound) - $40.00
- Zoning Chapter (bound) - $50.00
- Annual supplement - $35.00
(Ord. 1210, 1-5; Ord. 2537, 1; Ord. 2660, 1.)