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."
(a)
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:
(1)
City.
The words "the city" or "this City" shall mean the City of Rolla,
Missouri.
(2)
City
council. The words "city council" or "the council" shall mean the
city council of Rolla.
(3)
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.
(4)
County.
The words "the county" shall mean the County of Phelps, State of Missouri.
(5)
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.
(6)
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.
(7)
Joint
authority. Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
(8)
Month.
The word "month" shall mean a calendar month.
(9)
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.
(10)
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."
(11)
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.
(12)
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.
(13)
Preceding,
following. The words "preceding" and "following" shall mean next before
and next after, respectively.
(14)
Property.
The word "property" shall include real and tangible and intangible
personal property.
(15)
Public
way. The words "public way" shall include any street, alley, boulevard,
parkway, highway, sidewalk or other public thoroughfare.
(16)
Real
property. The terms "real property," "premises," "real estate" or
"lands" shall be deemed to be co-extensive with lands, tenements and
hereditaments.
(17)
Shall,
may. The word "shall" is mandatory, and the word "may" is permissive.
(18)
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.
(19)
Signature.
Where the written signature of any person is required, the proper
handwriting of such person or his mark shall be intended.
(20)
State.
The words "the state" or "this State" shall mean the State of Missouri.
(21)
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.
(22)
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.
(23)
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.
(24)
Term
- Council Representation. Unless specified to the contrary the term
of any Council Representative appointed to a committee or board shall
be one (1) year from May through April. An appointed Council Representative
will continue until a successor is approved by the City Council.
[Ord. 3373, 1]
(25)
Writing.
The word "writing" and "written" shall include printing, lithographing
or any other mode of representing words and letters.
(26)
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."
(b)
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]
(a)
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.
(b)
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.
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.
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.
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.
[Ord. 1727, 1]
(a)
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 ($500.00), or
by imprisonment for a period of not exceeding three (3) months, 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 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.
(c)
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. 29, 1]
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. 2072, §1; repealed by Ord. 3992, §1]
The City Council of the City of Rolla, MO does hereby accept
and adopt the following designs representative of the City of Rolla,
Missouri:
(b)
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. 1210, 1-5; Ord. 2537, 1; Ord. 2660, 1]
(a)
The city
clerk is hereby designated as the custodial officer of the Code of
the city.
(b)
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.
(c)
The city
clerk is hereby authorized and directed to distribute copies of such
Code to city officials, for their use.
(1)
Each
elected official - One (1) copy
(2)
City
clerk - Three (3) copies
(3)
Police
department - Two (2) copies
(4)
Fire
department - One (1) copy
(5)
City
engineer - One (1) copy
(6)
Board
of public works - One (1) copy
(7)
Rolla
Public Library - One (1) copy
(8)
Rolla
Senior High School Library - One (1) copy
(9)
University
of Missouri at Rolla - One (1) copy
(10)
Headquarters, Troop "I", Missouri State Highway Patrol - One (1)
copy
(d)
All copies of such Code distributed to city officials, under the provision of subsection (c) hereof, shall remain the property of the city. No elected or appointive officer of the city shall receive final payment of compensation which may be due from the city at the expiration of an elective or appointive term of office until such time as such officer has returned to the city clerk the copy or copies of such code which has been distributed to such officer by the city clerk under the provisions of this Section.
(e)
The city
clerk is hereby authorized to sell copies of such Code for the following
costs:

