QuickCode -- Municipal Code of the City of Versailles, MO v4 [1, 2008]

THE MUNICIPAL CODE
OF THE
CITY OF VERSAILLES

THE GENERAL ORDINANCES

Updated through Ord. No. 1741, enacted October 17, 2007,
and including Ord. No. 1754 which adopted the 2007 Statutory changes

PUBLISHED BY ORDER OF THE BOARD OF ALDERMEN

Mayor
Terry Silvey

Board Of Aldermen
Jane Bolton
Steve Fields
Dee Dee Williams
Scott Wilson

City Clerk
Jeanie McGinnis

City Collector
Jim Coldicott

City Attorney
Ralph Gaw

2007 ADOPTING ORDINANCE

BILL NO. 1754 ORDINANCE NO. 1754

An ordinance adopting and enacting a new Code of Ordinances of the City of Versailles; establishing the same; providing for the repeal of certain ordinances not included therein, except as herein expressly provided; providing for the manner of amending such Code of Ordinances; providing penalty for the violation thereof; and providing when this ordinance shall become effective.

Be it ordained by the Board of Aldermen of the City of Versailles as follows:

Section 1. That pursuant to Section 71.943 of the Revised Statutes of Missouri, the codification of ordinances, as set out in Titles I through VII, each inclusive, of the "Code of Ordinances of the City of Versailles" is hereby adopted and enacted as the "Code of Ordinances of the City of Versailles"; which shall supersede all other general and permanent ordinances of the City passed on or before October 17, 2007, to the extent provided in Section 3 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the effective date of this ordinance as set forth herein.

Section 3. That all ordinances of a general and permanent nature of the City adopted on final passage on or before October 17, 2007, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

a. Ordinances promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or authorizing any contract or obligation assumed by the City;

b. Ordinances levying taxes or making special assessments;

c. Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses;

d. Ordinances granting franchises or rights to any person, firm or corporation;

e. Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places;

f. Ordinances authorizing or relating to particular public improvements;

g. Ordinances respecting the conveyances or acceptance of real property or easements in real property;

h. Ordinances dedicating, accepting or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same;

i. Ordinances annexing property to the City;

j. All zoning and subdivision ordinances not specifically repealed and not included herein;

k. Ordinances establishing TIF districts or redevelopment districts;

l. Ordinances relating to traffic schedules, (i.e. stop signs, parking limits, etc.);

m. All ordinances relating to personnel regulations, (i.e. pensions, retirement, job descriptions and insurance, etc.);

n. Ordinances authorizing the establishment of industrial development corporations;

o. Ordinances establishing tax rates for the City;

p. The following ordinance(s) are specifically saved from repeal: 1711.

That the repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

That the repeal provided for in this Section shall not affect 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 ordinance, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to such date.

Section 4. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Versailles shall be understood and intended to include such additions and amendments.

Section 5.

a. Except as hereinafter provided, whenever in any rule, regulation or order promulgated pursuant to such ordinances 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 City ordinance, rule, regulation or order doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such ordinance of the City, or of any rule, regulation or order promulgated pursuant to such City ordinance, shall be punished by a fine of not less than five dollars ($5.00) and not more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.

b. 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 these ordinances or rules, regulations or orders 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, the violation of such particular provision of these ordinances or rules, regulations or orders shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.

c. Whenever any provision of the Revised Statutes of Missouri or other Statute of the State establishes a penalty differing from that provided by this Section for an offense similar to any offense established by these ordinances, rules, regulations or other orders of the City, the violation of such City law, ordinance, rule, regulation or order shall be punished by the fine or imprisonment established for such similar offense by such State law.

d. Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.

e. 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.

Section 6. That in case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Section 5 of this ordinance shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by said officer, to insert in their designated places all amendments and all ordinances or resolutions which indicate the intention of the Board of Aldermen to make the same part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the Board of Aldermen. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions or deletions any part or portion of such Code, or 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 of Versailles to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 5 of this ordinance.

Section 9. It is hereby declared to be the intention of the Board of Aldermen that the Sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or Section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this ordinance or the Code hereby adopted.

Section 10. This ordinance and the Code adopted hereby shall become effective Feb. 12, 2008.

PASSED by the Board of Aldermen of the City of Versailles this 12th day of February, 2008.

APPROVED by the Mayor of the City of Versailles this 12th day of February, 2008.

Terry L. Silvey
Mayor of the City of Versailles

ATTEST:

Jeanie McGinnis
City Clerk

Journal of "ayes" and "nays"

First Reading

Board Member Votes

Aye Nay

Wilson X

Fields X

Bolton X

Second Reading

Board Member Votes

Aye Nay

Wilson X

Fields X

Bolton X

2006 ADOPTING ORDINANCE

BILL NO. 1720 ORDINANCE NO. 1720

Be it ordained by the Board of Aldermen of the City of Versailles as follows:

Section 1. That pursuant to Section 71.943 of the Revised Statutes of Missouri, the codification of ordinances, as set out in Titles I through VII, each inclusive, of the "Code of Ordinances of the City of Versailles" is hereby adopted and enacted as the "Code of Ordinances of the City of Versailles"; which shall supersede all other general and permanent ordinances of the City passed on or before January 2, 2007, to the extent provided in Section 3 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the effective date of this ordinance as set forth herein.

Section 3. That all ordinances of a general and permanent nature of the City adopted on final passage on or before January 2, 2007, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

b. Ordinances levying taxes or making special assessments;

c. Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses;

d. Ordinances granting franchises or rights to any person, firm or corporation;

e. Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places;

f. Ordinances authorizing or relating to particular public improvements;

g. Ordinances respecting the conveyances or acceptance of real property or easements in real property;

h. Ordinances dedicating, accepting or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same;

i. Ordinances annexing property to the City;

j. All zoning and subdivision ordinances not specifically repealed and not included herein;

k. Ordinances establishing TIF districts or redevelopment districts;

l. Ordinances relating to traffic schedules, (i.e. stop signs, parking limits, etc.);

m. All ordinances relating to personnel regulations;

n. Ordinances authorizing the establishment of industrial development corporations;

o. Ordinances establishing tax rates for the City;

p. The following ordinance(s) are specifically saved from repeal: 1711.

That the repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Versailles" shall be understood and intended to include such additions and amendments.

Section 5.

d. Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.

Section 10. This ordinance and the Code adopted hereby shall become effective March 6, 2007.

After copies of the foregoing were made available for public inspection prior to the time it was under consideration by the Board of Aldermen of the City of Versailles, the foregoing ordinance was introduced to the Board in writing, read two times at the single meeting of said Board and each time passed by the following vote:

Alderman Wilson Yea Nay absent Alderman Fields X Yea Nay

Alderwoman Bolton X Yea Nay Alderwoman Williams X Yea Nay

If tie vote Mayor Silvey Yea Nay

Dated this 6th day of March 2007.

Terry L. Silvey
MAYOR TERRY L SILVEY

ATTEST:

Jeanie McGinnis
JEANIE MCGINNIS, CITY CLERK

2005 ADOPTING ORDINANCE

BILL NO. 1679 ORDINANCE NO. 1679

Be it ordained by the Board of Aldermen of the City of Versailles as follows:

Section 1. That pursuant to Section 71.943 of the Revised Statutes of Missouri, the codification of ordinances, as set out in Titles I through VII, each inclusive, of the "Code of Ordinances of the City of Versailles" is hereby adopted and enacted as the "Code of Ordinances of the City of Versailles"; which shall supersede all other general and permanent ordinances of the City passed on or before November 1, 2005, to the extent provided in Section 3 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the effective date of this ordinance as set forth herein.

Section 3. That all ordinances of a general and permanent nature of the City adopted on final passage on or before November 1, 2005, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

b. Ordinances levying taxes or making special assessments;

c. Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses;

d. Ordinances granting franchises or rights to any person, firm or corporation;

e. Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places;

f. Ordinances authorizing or relating to particular public improvements;

g. Ordinances respecting the conveyances or acceptance of real property or easements in real property;

h. Ordinances dedicating, accepting or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same;

i. Ordinances annexing property to the City;

j. All zoning and subdivision ordinances not specifically repealed and not included herein;

k. Ordinances establishing TIF districts or redevelopment districts;

l. Ordinances relating to traffic schedules, (i.e. stop signs, parking limits, etc.);

m. All ordinances relating to personnel regulations;

n. Ordinances authorizing the establishment of industrial development corporations;

o. Ordinances establishing tax rates for the City.

That the repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Versailles" shall be understood and intended to include such additions and amendments.

Section 5.

d. Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.

Section 10. This ordinance and the Code adopted hereby shall become effective January 3, 2006.

PASSED by the Board of Aldermen of the City of Versailles this 3rd day of January, 2006.

APPROVED by the Mayor of the City of Versailles this 3rd day of January, 2006.

Terry Silvey
Mayor of the City of Versailles

ATTEST:

Jeanie McGinnis
City Clerk

ORIGINAL ADOPTING ORDINANCE

BILL NO. 1675 ORDINANCE NO. 1675

Be it ordained by the Board of Aldermen of the City of Versailles as follows:

Section 1. That pursuant to Section 71.943 of the Revised Statutes of Missouri, the codification of ordinances, as set out in Titles I through VII, each inclusive, of the "Code of Ordinances of the City of Versailles" is hereby adopted and enacted as the "Code of Ordinances of the City of Versailles"; which shall supersede all other general and permanent ordinances of the City passed on or before May 3, 2005, to the extent provided in Section 3 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the effective date of this ordinance as set forth herein.

Section 3. That all ordinances of a general and permanent nature of the City adopted on final passage on or before May 3, 2005, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

b. Ordinances levying taxes or making special assessments;

c. Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses;

d. Ordinances granting franchises or rights to any person, firm or corporation;

e. Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places;

f. Ordinances authorizing or relating to particular public improvements;

g. Ordinances respecting the conveyances or acceptance of real property or easements in real property;

h. Ordinances dedicating, accepting or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same;

i. Ordinances annexing property to the City;

j. All zoning and subdivision ordinances not specifically repealed and not included herein;

k. Ordinances establishing TIF districts or redevelopment districts;

l. Ordinances relating to traffic schedules, (i.e. stop signs, parking limits, etc.);

m. All ordinances relating to personnel regulations;

n. Ordinances authorizing the establishment of industrial development corporations;

o. Ordinances establishing tax rates for the City.

That the repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Versailles" shall be understood and intended to include such additions and amendments.

Section 5.

a. Except as hereinafter provided, whenever in any rule, regulation or order promulgated pursuant to such ordinances 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 City ordinance, rule, regulation or order doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such ordinance of the City, or of any rule, regulation or order promulgated pursuant to such City ordinance, shall be punished by a fine of not less than five dollars ($5.00) and not more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed three (3) months, or by both such fine and imprisonment.

d. Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.

Section 10. This ordinance and the Code adopted hereby shall become effective December 1, 2005.

PASSED by the Board of Aldermen of the City of Versailles this 1st day of November, 2005.

APPROVED by the Mayor of the City of Versailles this 1st day of November, 2005.

Terry Silvey
Mayor of the City of Versailles

ATTEST:

Jeanie McGinnis
City Clerk

TITLE I. GOVERNMENT CODE

CHAPTER 100: GENERAL PROVISIONS

ARTICLE I. CITY INCORPORATION AND SEAL

SECTION 100.005: INCORPORATION AS CITY OF FOURTH CLASS

On the twenty-first (21st) day of May, 1878, the City of Versailles, Missouri, was incorporated as and is now a City of the Fourth Class under the laws of the State of Missouri. (CC 1974 §100.010; Pg. 1 R.O. 1939)

SECTION 100.010: MUNICIPAL INCORPORATION

The inhabitants of the City of Versailles, as its limits now are or may hereafter be defined by law, shall be and continue a body corporate by the name of "The City of Versailles" and as such shall have perpetual succession, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatever; may receive and hold property, both real and personal, within such City and may purchase, receive and hold real estate within or without such City for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire; may receive bequests, gifts and donations of all kinds of property; and may have and hold one (1) common Seal and may break, change or alter the same at pleasure; and may do any act, exercise any power and render any service which contributes to the general welfare, and all courts of this State shall take judicial notice thereof.

SECTION 100.020: CITY SEAL

A. The Seal of the City of Versailles shall be circular in form, one and seven-eighths (1 7/8) inches in diameter, with the words "Morgan County, Missouri" engraved across the face thereof, and the words "Seal of the City of Versailles" engraved on the face thereof and near the outer edge of said Seal, and the same is hereby declared to be adopted as the Seal of the City of Versailles.

B. The City Clerk shall be the keeper of the common Seal of the City of Versailles, and any impression of said Seal to any contract or other writing shall have no validity or binding obligation upon the City unless such impression be accompanied by the attestation and signature of the City Clerk, and then only in cases authorized by law or the ordinances of this City. (CC 1974 §100.020; Pgs. 12, 13 R.O. 1939)

ARTICLE II. GENERAL CODE PROVISIONS

SECTION 100.030: CONTENTS OF CODE

This Code contains all ordinances of a general and permanent nature of the City of Versailles, 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.

SECTION 100.040: CITATION OF CODE

This Code may be known and cited as the "Municipal Code of the City of Versailles, Missouri" and the work "Code", when used in any Title, Chapter or Section of this Code, shall mean the Municipal Code of the City of Versailles. (CC 1974 §700.040)

SECTION 100.045: INCORPORATION OF STATE AND COUNTY LAWS

A. Whenever reference is made to any law of the State of Missouri, then, unless otherwise provided, such reference shall be prospective.

B. Whenever reference is made to any ordinance of Morgan County, then, unless otherwise provided, such reference shall be prospective and any specification of Chapter or Section in the Revised Ordinances of Morgan County shall be for convenience only and shall not indicate any intention that the reference shall not be prospective. (CC 1974 §700.020)

SECTION 100.050: OFFICIAL COPY OF CODE

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. Two (2) additional copies of this Code shall be kept in the City Clerk's office available for public inspection.

SECTION 100.060: ALTERING OR AMENDING CODE

A. 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 100.220 of this Code.

B. 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.

SECTION 100.070: NUMBERING OF CODE

Each Section number of this Code shall consist of two (2) 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.

SECTION 100.080: DEFINITIONS AND RULES OF CONSTRUCTION

A. 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 Versailles, Missouri.

CITY: The words "the City" or "this City" or "City" shall mean the City of Versailles, Missouri.

COUNTY: The words "the County" or "this County" or "County" shall mean the County of Morgan, Missouri.

DAY: A day of twenty-four (24) hours beginning at 12:00 Midnight.

MAY: Is permissive.

MAYOR: An officer of the City known as the Mayor of the Board of Aldermen of the City of Versailles, Missouri.

MONTH: A calendar month.

OATH: Includes 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".

OWNER: The word "owner", as 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: May extend and be applied to bodies politic and corporate and to partnerships and other unincorporated associations.

PERSONAL PROPERTY: Includes money, goods, chattels, things in action and evidences of debt.

PRECEDING, FOLLOWING: When used by way of reference to any Section of this Code, shall 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.

PROPERTY: 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.

SHALL: Is mandatory.

SIDEWALK: That portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.

STATE: The words "the State" or "this State" or "State" shall mean the State of Missouri.

STREET: Includes 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.

WRITING, WRITTEN, IN WRITING AND WRITING WORD FOR WORD: Includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his/her mark, is intended.

YEAR: A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord".

B. 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.

SECTION 100.090: WORDS AND PHRASES -- HOW CONSTRUED

Words and phrases shall be taken in their plain or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

SECTION 100.100: 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.

SECTION 100.110: 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.

SECTION 100.120: EFFECT OF REPEAL OF ORDINANCE

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.

SECTION 100.130: REPEALING ORDINANCE REPEALED -- FORMER ORDINANCE NOT REVIVED -- WHEN

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.

SECTION 100.140: SEVERABILITY

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.

SECTION 100.150: 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.

SECTION 100.160: 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 person to be served personally or by leaving the same at his/her residence, office or place of business with some person of his/her family over the age of fifteen (15) years;

2. By mailing said notice by certified or registered mail to such person to be served at his/her last known address; or

3. If the person to be served is unknown or may not be notified under the requirements of this Section, then by posting said notice in some conspicuous place 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.

SECTION 100.170: NOTICE -- EXCEPTIONS

The provisions of the preceding Section shall not apply to those Chapters of this Code wherein there is a separate definition of notice.

SECTION 100.180: COMPUTATION OF TIME

In computing any period of time prescribed or allowed by this Code or by a 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 Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

SECTION 100.190: 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.

SECTION 100.200: JOINT AUTHORITY

Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons unless otherwise declared in the law giving the authority.

SECTION 100.210: 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 included.

ARTICLE III. PENALTY

SECTION 100.220: GENERAL PENALTY

A. 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/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation 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 or ordinance violation, 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 ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) 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.

B. 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.

C. 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.

SECTION 100.230: WORK/CONSTRUCTION ZONE

Editor's Note--Section 100.230 "work/construction zone--fine" was removed from the text herein. As a result of 2006 amendments to sections 304.580 to 304.585, RSMo., the language of these sections has become so encumbered that we believe them better dealt with at a state level.

CHAPTER 105: ELECTIONS

ARTICLE I. IN GENERAL

SECTION 105.010: CONFORMANCE OF CITY ELECTIONS WITH STATE LAW

All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.

SECTION 105.020: DATE OF MUNICIPAL ELECTION

A. A municipal election for the qualified voters of this City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year.

B. On the first (1st) Tuesday after the first (1st) Monday in April, 1995, and every four (4) years thereafter, a municipal election of the qualified voters of the City of Versailles shall be held for the purpose of electing a Mayor and a Marshal who shall hold their offices for a term of four (4) years and until their successors are elected and qualified.

C. On the first (1st) Tuesday after the first (1st) Monday in April of 2005 and every four (4) years thereafter, a municipal election of the qualified voters of the City of Versailles shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of four (4) years and until his/her successor is elected and qualified.

D. On the first (1st) Tuesday after the first (1st) Monday in April of 2006 and every four (4) years thereafter, a municipal election of the qualified voters of the City of Versailles shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of four (4) years and until his/her successor is elected and qualified.

E. On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of Versailles shall be held for the purpose of electing a Collector who shall hold his/her office for a term of four (4) years and until his/her successor is elected and qualified. (Ord. No. 1202 §1, 12-6-88; Ord. No. 1377 §1, 12-5-95)

SECTION 105.030: DECLARATION OF CANDIDACY -- DATES FOR FILING

Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M. on the sixteenth (16th) Tuesday prior to nor later than 5:00 P.M. on the eleventh (11th) Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.

SECTION 105.035: CANDIDATES FOR MUNICIPAL OFFICE -- NO ARREARAGE FOR MUNICIPAL TAXES OR USER FEES PERMITTED

No person shall be a candidate for municipal office unless such person complies with the provisions of Section 115.346, RSMo., regarding payment of municipal taxes or user fees.

Editor's Note--As to arrearage or delinquency in all taxes, see §115.342, RSMo.

SECTION 105.040: DECLARATION OF CANDIDACY -- NOTICE TO PUBLIC

The City Clerk shall, on or before the sixteenth (16th) Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing, and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.

SECTION 105.050: DECLARATION OF CANDIDACY -- FORM

The form of said written declaration of candidacy shall be substantially as follows:

DECLARATION OF CANDIDACY

STATE OF MISSOURI            )
                                                ) SS
COUNTY OF MORGAN            )

I, , being first duly sworn, state that I reside at , City of Versailles, County of Morgan, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of , to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April, , and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office and state that I will serve as such officer, if elected.

Signed:

Subscribed and sworn to before me this day of , .