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CONTAINING
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Adopted, December 5, 1977
____________ Republished by Order of the City Council > OFFICIALS of the CITY OF BOONVILLE, MISSOURI AT THE TIME OF THIS CODIFICATION ____________ Charles R. Persinger Mayor ____________ Gary J. Hamburg Administrator ____________ Paul M. Woolridge City Attorney PREFACE This volume contains the Code of General Ordinances of the City of Boonville, Missouri, being a republication of the ordinances and resolutions of a general and permanent nature of the City of Boonville, and the ordinances and resolutions amendatory thereof and appropriate for inclusion followed by a comparative table giving the disposition of each ordinance and resolution. Said volume is the first codification since 1958, and as expressed in the Adopting Ordinance, supersedes all ordinances and resolutions not included herein or expressly saved from repeal by the Adopting Ordinance or the provisions of the Code. Special ordinances or resolutions or those dealing with only a portion of the inhabitants of the City, rather than all of them or relating to special purposes, such as ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets, changing street names, granting franchises, etc., are not included herein. For a more specific enumeration of the types of ordinances or resolutions not included, see Section 3 of the Adopting Ordinance. The ordinances and resolutions have been classified as to subject matter, edited, revised and in many instances rewritten. It should be observed that the chapters have been arranged in alphabetical sequence and the various sections within each chapter have been catchlined to facilitate usage. Attention is also invited to the footnotes which tie related sections of the Code together and which also refer to relevant state laws. The source of a section is included in the history note enclosed in parentheses at the end of such section. The absence of a history note indicates that the section is new and was adopted for the first time with the adoption of this Code. The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 of the Code is numbered 1-1 and the fourteenth section of Chapter 21 is 21-14. Under this system, each section is identified with its chapter and, at the same time, new sections may be inserted in their proper places simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-15 and 4-16 is desired to be added, the new sections would be numbered 4-15.1, 4-15.2 and 4-15.3, respectively. New chapters may be included by the addition of a decimal after the chapter number, e.g., new material may be included between Chapters 12 and 13, by designating it as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same manner, or in the case of articles, may be placed at the end of the chapter embracing the subject, and in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division, as the case may be. A special feature of this volume to which the attention of the user is particularly invited is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, this volume may be kept up-to-date periodically. Amendatory ordinances upon final passage of the City can be edited and the appropriate page or pages affected reprinted for insertion in the Code. In such event, the new or reprinted pages then shall be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. To each amendment will be attached an amendment or editorial note explaining briefly the effect of the amendment upon the section or sections amended and the derivation of such amendment. Each such subsequent amendment, when incorporated into this Code, may be cited as a part hereof as provided in Section 5 of the Adopting Ordinance. The index has been prepared with the greatest of care. Each index entry has been placed under several headings, some being couched in lay phraseology, others in legal terminology and still others in language generally used by city officials and employees. There are numerous cross references within the index which are intended as guideposts to direct the user to the particular item in which he is interested. Additions, alterations and deletions in the index will be accomplished in the same manner as is provided for additions, alterations and deletions to the substantive provisions of this publication. The successful maintenance of the Code up-to-date at all times depends upon the holder of the volume. As revised sheets are received it shall then become the responsibility of the holder to insert the amendments according to the accompanying instructions. It is earnestly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacement, and that all deleted pages be saved and filed for historical reference purposes. The publishers are most grateful to Mary McAllister, City Clerk, for her cooperation and assistance and for the interest shown by her in the preparation of the manuscript of this publication. Credit is gratefully acknowledged also to the members of the publisher's staff for their sincere interest and able assistance throughout this project. This publication was under the direct supervision of Eric Grant, Vice President, Supplement Department, and Peggy Lamar, Editor, of Municipal Code Corporation, Tallahassee, Florida, and is presented for the use and benefit of the citizens of the City of Boonville. September, 2010
MUNICIPAL CODE CORPORATION
ORDINANCE NO. 2283 An Ordinance Adopting and Enacting a New Code of General Ordinances of the City of Boonville, Missouri 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 a Penalty for the Violation Thereof; and Providing When This Ordinance Shall Become Effective. Be It Ordained by the City Council of the City of Boonville, Missouri, as Follows: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 21, each inclusive, is hereby adopted and enacted as the "Code of General Ordinances, City of Boonville, Missouri," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before June 6, 1977, to the extent provided in Section 2 hereof. Section 2. That all provisions of such Code shall be in full force and effect from and after the 15th day of March, 1978, and all ordinances of a general and permanent nature of the City of Boonville, enacted on final passage on or before June 6, 1977, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 15th day of March, 1978, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed. (Ord. No. 2289, § 1, 2-20-78) Section 3. That the repeal provided for in Section 2 hereof shall not affect the following: (a) 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; (b) 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; (c) The administrative ordinances of the City, not in conflict or inconsistent with the provisions of such Code; (d) Any ordinance establishing official positions in City Government or service or fixing salaries or bonds of officers or employees of the City; (e) Any appropriation ordinance; (f) Any right or franchise granted by the City Council of the City to any person, firm or corporation; (g) Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, or in any way affecting any street or public way in the City; (h) Any ordinance establishing and prescribing the street grades of any street in the City; (i) Any ordinance providing for local improvements or assessing taxes therefor; (j) Any ordinance dedicating or accepting any plat or subdivision in the City, or providing regulations for the same; (k) Any ordinance dealing with election not inconsistent with the provisions of such Code; (l) Any zoning ordinance of the City; (m) Any ordinance assessing ad valorem taxes; (n) Any ordinance establishing traffic-control signs, signals, devices or markings; (o) Any ordinance enacted after June 6, 1977. Such repeal shall not be construed to revive any ordinance or part of an ordinance which is repealed by this ordinance. Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense by the City Council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Council, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished as provided in Section 1-9 of such Code. Section 5. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of General Ordinances, City of Boonville, Missouri," shall be understood and intended to include such additions and amendments. Section 6. That in case of the amendment by the City Council of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 1-9 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty as 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 City Council to make the same a 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 City Council. 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 Boonville to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-9 of the "Code of General Ordinances of the City of Boonville, Missouri." Section 9. That all ordinances or parts of ordinances in conflict herewith, are to the extent of such conflict hereby repealed. Section 10. That this ordinance shall become effective from and after its passage and approval. READ THREE TIMES AND PASSED THIS 5th DAY OF December, 1977.
/s/Charles R. Persinger
APPROVED THIS 5th DAY OF December, 1977.
/s/Charles R. Persigner
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