HomeMy WebLinkAboutORD.2936.09-17-2001BILL NO. 2001-180
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 16 AND CHAPTER
24 OF THE CITY CODE TO REMOVE THE WORDS
"STREET FOREMAN"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 16-31 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Labor when fine not
paid", reading as follows:
Sec. 16-31. Labor when fine not paid.
Any person who has been convicted in the municipal
court and sentenced by the municipal judge for violation
of any ordinance of the city, whether the punishment is
by fine or imprisonment or by both, may be put to work
and required to perform labor on the public streets,
highways and alleys, or other public works or buildings
of the city. The chief of police, street foreman, police
officer or other officer of the city shall have power and
is authorized and required to have or cause all such
prisoners to work out the full number of days for which
they have been sentenced, at working upon public streets,
highways or alleys, or public works or buildings of the
city as may be designated. If the punishment is by fine
and the fine is not paid, for every dollar of such
judgment the person shall work one (1) day. And it shall
be deemed part of the judgment and sentence of the court
that such prisoner may be worked as herein provided.
is 'hereby repealed in its entirety, and a new Section 16-31
entitled "Labor when fine not paid", is hereby enacted in lieu
thereof, in words and figures, to read as follows:
Sec. 16-31. Labor when fine not paid.
Any person who has been convicted in the municipal court
and sentenced by the municipal judge for violation of any
ordinance of the city, whether the punishment is by fine
or imprisonment or by both, may be put to work and
required to perform labor on the public streets, highways
and alleys, or other public works or buildings of the
city. The chief of police, police officer or other
officer of the city shall have power and is authorized
and required to have or cause all such prisoners to work
out the full number of days for which they have been
sentenced, at working upon public streets, highways or
alleys, or public works or buildings of the city as may
be designated. If the punishment is by fine and the fine
is not paid, for every dollar of such judgment the person
shall work one (1) day. And it shall be deemed part of
the judgment and sentence of the court that such prisoner
may be worked as herein provided.
ARTICLE 2. Section 24-7 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, entitled "Use of streets, sidewalks
for building purposes", reading as follows:
Sec. 24-7. Use of streets, sidewalks for building
purposes.
The city council or street foreman may permit any
person to occupy for building purposes for a reasonable
time so much of any street or sidewalk as may be
necessary for such purpose.
is hereby repealed in its entirety, and a new Section 24-7 entitled
"Use of streets, sidewalks for building purposes", is hereby
enacted in lieu thereof, in words and figures, to read as follows:
Sec. 24-7. Use of streets, sidewalks for building
purposes.
The city council or city engineer may permit any
person to occupy for building purposes for a reasonable
time so much of any street or sidewalk as may be
necessary for such purpose.
ARTICLE 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 4. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
2
PASSED AND APPROVED THIS DAY OF ,) , 20(-)(
A. M. Spradling, III, M y
ATTEST:
/J
Gayle)L. Conrad, City Clerk