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ARTICLE II.
GENERAL CODE PROVISIONS SECTION 100.030: DEFINITIONS AND RULES OF CONSTRUCTION In
the construction of this Code, and of all ordinances and resolutions passed by
the Mayor and Board of Aldermen, the following rules or definitions shall be
observed, unless such construction would be inconsistent with the manifest
intent of the Mayor and Board of Aldermen: ALDERMAN: A member of the
Board of Aldermen of the City of Pasadena Hills, Missouri. BOARD OF ALDERMEN: Whenever
the words "Board of Aldermen", "Board",
"this Board", or "the
Board" are used, they mean the Board of Aldermen of the City of
Pasadena Hills, Missouri. CITY:
The words "the City" or "this
City" shall mean the City of Pasadena Hills, in St. Louis County,
Missouri. COMPUTATION OF TIME: The
time within which an act is to be done shall be computed by excluding the first
(1st) day and including the last. If
the last day is Sunday it shall be excluded. COUNTY:
The words "County", "the County", or "this County" shall mean St. Louis County, Missouri. GENDER: A
word importing the masculine gender only shall extend and be applied to females
and to firms, partnerships and corporations as well as to males. HIGHWAY: Shall
include any street, alley, highway, avenue or public place or square, bridge,
viaduct, tunnel, underpass, overpass or causeway in the City, dedicated or
devoted to public use. JOINT AUTHORITY: Words
importing joint authority to three (3) or more persons shall be construed as
authority to a majority of persons unless otherwise declared in the law giving
the authority. MONTH: A
calendar month. NUMBER: Any
word importing the singular number shall include the plural and any word
importing the plural number shall include the singular. 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". OFFICERS, DEPARTMENTS, ETC.: Whenever
any Officer, Department, Board, Commission or other agency is referred to by
title alone, such reference shall be construed as if followed by the words
"of the City of Pasadena Hills, Missouri." OR, AND: "Or" may
be read "and", and "and"
may be read, "or", if
the sense requires it. 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 the entirety, of the whole or
of a part of such building or land. PERSON: Shall
extend and be applied to associations, corporations, firms, partnerships and
bodies politic and corporate as well as to individuals.
Whenever used with respect to any penalty, the word "person",
as applied to partnerships or associations, shall mean the partners or members
thereof, and as applied to corporations, the officers thereof. PRECEDING, FOLLOWING: Shall
mean next before and next after, respectively. ROADWAY: That
portion of a street improved, designed or ordinarily used for vehicular traffic. SIDEWALK: Any
portion of the street between the curb, or the lateral line of the roadway and
the adjacent property line, intended for the use of pedestrians. SIGNATURE OR SUBSCRIPTION: The
words "signature" or "subscription"
shall include a mark when a person cannot write. STATE: The
words "the State" or "this
State" shall be construed to mean the State of Missouri. STREET: Shall
include any highway, alley, street, avenue or public place, square, bridge,
viaduct, underpass, overpass, tunnel or causeway in the City, dedicated or
devoted to public use. TENSE: Words
used in the past or present tense include the future as well as the past and
present. WRITTEN OR IN WRITING: Shall
be construed to include any representation of words, letters or figures, whether
by printing or otherwise. YEAR: A
calendar year. SECTION 100.040: SEVERABILITY OF PARTS OF CODE It
is hereby declared to be the intention of the Mayor and Board of Aldermen 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 by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality 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 Mayor and Board of Aldermen
without the incorporation in this Code of any such unconstitutional phrase,
clause, sentence, paragraph or Section. SECTION 100.050: REPEALING LAW REPEALED, FORMER LAW NOT REVIVED, WHEN When
a law repealing a former law, clause or provision is itself repealed, it does
not revive the former law, clause or provision, unless it is otherwise expressly
provided; nor shall any law repealing any former law, clause or provision abate,
annul or in any wise affect any proceedings had or commenced under or by virtue
of the law so repealed, but the same is as effectual and shall be proceeded on
to final judgment and termination as if the repealing law had not passed, unless
it is otherwise expressly provided. SECTION 100.060: EFFECT OF REPEAL OF PENAL STATUTE No
offense committed and no fine, penalty or forfeiture incurred, or prosecution
commenced or pending previous to or at the time when any statutory 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: 1.
That all such proceedings shall be conducted according to existing
procedural laws; and
2.
That if the penalty or punishment for any offense is reduced or lessened
by any alteration of the law creating the offense prior to original sentencing,
the penalty or punishment shall be assessed according to the amendatory law.
SECTION 100.070: REPEAL OF LAW NOT TO AFFECT RIGHTS ACQUIRED
THEREUNDER The
repeal of any statutory provision does not affect any act done or right accrued
or established in any proceeding, suit or prosecution had or commenced in any
civil case previous to the time when the repeal takes effect; but every such
act, right and proceeding remains as valid and effectual as if the provisions so
repealed had remained in force. SECTION 100.080: ACTIONS PENDING, HOW AFFECTED BY REPEAL OF LAW No action or plea pending at the time any statutory provisions are repealed shall be affected by the repeal; but the same shall proceed, in all respects, as if the statutory provisions had not been repealed, except that all proceedings had after the repeal becomes effective are governed by procedural rules and laws then in effect, insofar as they are applicable. |