HomeMy Public PortalAboutORD16196BILL NO. 2021-071
SPONSORED BY Counciilmember Hensley
ORDINANCE NO. Z b 19 to
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
1 OF THE CITY CODE RELATING TO PREEMPTION BY OR CHANGES IN FEDERAL
OR STATE LAW AND ENFORCEMENT PROVISIONS.
NOW BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Chapter 1 (General Provisions) of the City Code is hereby amended by
enacting a new Section 1-25 entitled "Self -Preemption", to read as follows:
Sec. 1-25 — Self -Preemption.
A. No provision of this Code shall apply to an circumstance in which such application shall be unlawful
under superseding federal or state law and furthermore, if an section, subsection, sentence, clause,
phrase, or portion of this Code is now or in the future superseded or preempted hy state or federal
law or found by a court of competent jurisdiction to be unauthorized, such provision shall be
automatically interpreted and applied as required by law.
Section 2. Chapter (General Provisions) of the City Code is hereby amended by
enacting a new Section 1-26 entitled "Enforcement, Attorneys' Fees", to read as follows:
Sec. 1-26 — Enforcement; Attorneys' Fees.
A. The Citv shall be entitled to enforce an provision of the Code of the City of Jefferson, Missouri
through all remedies lawfully available, and anep rson who has violated the terms of the Code of
the City of Jefferson, Missouri or has not cured a violation hereof, after notice of violation, shall
further be liable to Pay the City's costs and attorneys' fees in enforcing such Code provisions,
enforceable by a 'udI ficial action, if so necessary. Additionally, an user of City services, Rights -of -
Way, or other City facilities or property, shall, as a condition of such use or continued use, to the
full extent permissible by law, be liable to pay the City's costs and attorneys' fees incurred in
enforcing an lawful requirement applicable to such use, whether arising in contract, statute,
ordinance, or other enforceable duty as to such use.
Section 3. That if any one or more of the terms, provisions, or conditions of this ordinance
shall to any extent be declared invalid, unenforceable, void, or voidable for any reason whatsoever
by a court of competent jurisdiction, none of the remaining terms, provisions, or conditions of this
ordinance shall be affected thereby and each provision of this ordinance shall be valid and
enforceable to the fullest extent permitted by law.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
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Presiding • - ,
ATTEST:
Approved: -?/ - .-pq
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Mayor Carrie Tergin
APPROVED AS TO FORM:
City At rney