AN ORDINANCE ESTABLISHING THE DUTIES AND RESPONSIBLITIES OF THE VOLUNTEER FIRE DEPARTMENT, FIRST RESPONDERS

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL AS FOLLOWS:

SECTION 1 – Appointments

a.  The Mayor, with the consent of the Board of Aldermen, shall appoint the Fire Chief.

b.  The Fire Chief with the approval of the Mayor shall appoint the Assistant Fire Chief and the First Responder Coordinator.

c.  A vacancy in the office of the Fire Chief shall be temporarily filled by the next in command who shall perform the duties of the Fire Chief, with all the rights, privileges, powers and jurisdiction of the Fire Chief until the Fire Chief’s return, or in the case of death, resignation, removal from office or any other cause whatever, until the Mayor, with the consent of the Board of Aldermen, appoints a new Fire Chief.

d.  The Appointee shall live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor or Board of Alderman.

SECTION 2– Fire Chief and Volunteer Fireman Qualifications

All volunteers shall:

a.  Be at least 18 years of age or older;

b.  Have a valid driver’s license to operate fire department vehicles and maintain a current copy of such with the City Clerk;

c.  Provide proof of liability insurance coverage on the personal vehicle(s) used in the performance of the duties and responsibilities as a fireman;

d.  Live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor, Board of Alderman or Fire Chief.

SECTION 3 -Volunteer First Responder Qualifications

All volunteers shall:

a.  Be at least 18 years of age or older;

b.  Have a valid driver’s license and maintain a current copy of such with the City Clerk;

c.  Provide proof of liability insurance coverage on the personal vehicle(s) used in the performance of the duties and responsibilities as a First Responder;

d.  Be certified with proof of annual certification provided to the City Clerk;

e.  Be certified to use any equipment with proof of certification provided to the City Clerk;

f.  If EMT licensed, a copy of the license shall be submitted to the City Clerk and again each time the license is renewed;

g.  Live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor, Board of Alderman, Fire Chief or First Responder Coordinator.

SECTION 4 – Compensation for Fire Chief, Volunteer Fireman and First Responders

a.  The Fire Chief shall be paid $200.00 per month.

b.  The Fire Chief and all volunteers shall be covered by the City’s workers’ compensation insurance.

c.  Volunteer Firemen and First Responders shall be paid each month $5.00 per call and $5.00 per meeting/training session as long as they attend 1 meeting/training session and 1 call per month.  The maximum payment shall be $50.00 per month.

d.  Definitions

Meeting/training session – Attendance from start to finish of the meeting or                  training session (usually 7 p.m.to 9 p.m.) unless the absence is pre-approved by the Fire      Chief.

    Call – Attendance from start to finish of a call, or on stand-by for the call at the station          until personnel is back in quarters or unless released by incident command officer on          the call.

e.  Requests for call/training reimbursement shall be submitted to the City Clerk no later          than the15th day past the end of the month in which the call/training was accrued or            the call/training reimbursement will be forfeited. The request shall be accompanied by        written documentation of attendance and

SECTION 5 – Duties and Responsibilities of the Fire Chief

The Fire Chief shall:

a.  Oversee all volunteers, the Assistant Fire Chief and First Responder Coordinator;

b.  Report directly to the Mayor and Board of Aldermen;

c.  Oversee the use and care of equipment;

d.  Maintain equipment in constant state of readiness and arrange for the immediate repair or replacement upon discovery of defective equipment;

e.  Maintain a running inventory of all equipment;

f.  Provide the Mayor with monthly activity reports;

g.  Report any changes in personnel, any changes in the condition of existing equipment and any purchase of new equipment for insurance purposes;

h.  Provide the Board of Aldermen a list of all volunteers and the equipment issued to each of them. All equipment shall be owned by the City.  All personal equipment shall be assigned by the Fire Chief and signed out by the City Clerk;

i.  Order a temporary outdoor burning ban on the City whenever it is deemed in the best interest of the citizens of the City that open fire be prohibited. The temporary outdoor burning ban shall remain in effect until released by the Fire Chief;

j.  Prepare a budget and submit it to the City Clerk no later than March 1 of each calendar year. The budget shall be subject to the approval of the Board of Aldermen;

k.  Complete all fire and medical reports and turn them into the City Clerk;

l.  Report immediately to the Mayor any suspension or revocation of his or her driver’s license or cancellation of personal vehicle insurance;

m.  Issue a written 10-day notice to any Fireman and First Responders whose driver’s license, auto insurance or certification license has expired. If a Fireman or First Responder fails to submit documentation of reinstatement of the license or insurance within 10 days, the Fireman or First Responder shall be removed from roster of active personnel;

n.  Administer a driving test with a checklist for each Fireman and First Responder within 30 days of their addition to the roster. Firemen or First Responders shall not operate fire or first responder vehicles until they have passed the test.

SECTION 6 – General Rules for Volunteer Firemen and First Responders

a.  All volunteers shall attend the monthly training meetings at the fire station.

b.  The Chief and Assistant Chief shall carry radios. Any other use of radios by Firemen shall be at the discretion of the Fire Chief.  Any misuse of radios shall cause retrieval of radio and a 30-day suspension.

c.  All volunteers using a blue light shall follow Missouri State Statues and shall be issued a permit by the Fire Chief upon inspection and before such equipment is operated in an emergency situation.

d.  The Assistant Fire Chief shall report directly to the Fire Chief.

e.  All volunteers shall report immediately to the Fire Chief and Mayor any suspension or revocation of drivers license or cancellation of personal vehicle insurance.

f.  First Responders follow the protocol agreed to by the Fire Chief and any emergency medical providers.

g.  First Responders shall only respond to medical calls per the approved protocol.

h.  Only First Responders that have a valid EMT license on file with the City Clerk shall ride in the ambulance from the scene.

 i.  The Fire Department shall have 17 volunteers and the Fire Chief.

j.  First Responders shall have 17volunteers.

k.  A volunteer who is both a Fireman and a First Responder shall be counted both as a Fireman and a First Responder.

SECTION 7 – Billing 

a.  There shall be a charge for fire calls for anyone in one or more of the following categories:

• Is not a citizen of Rich Hill
• Has not paid the yearly rural fire protection membership fee
• Lives outside of the Rural Fire Protection Area
• Is a citizen of Rich Hill and owns property in the Rural Fire Protection Area, but has not paid the yearly membership fee.

b.  The Fire Department shall bill $250.00 per hour or portion thereof for all fire calls in the above categories.

ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.

This Ordinance shall be in force from and after its passage and approval.[i]

First reading: April 11, 2017

Second reading: April 11, 2017

APPROVED THIS 11^th DAY OF APRIL 2017

Attest:

__________________________     ___________________________

Jennifer Perkey-Ewing                                            Brittany Schenker

Mayor                                                                          City Clerk

Ayes: Humble, Pilcher, Rich, Robb                        Nays:

[i] For informational purposes, this Ordinance deleted Section 7 Burn Permit Restrictions, Section 8 Rule Fire Protection, and Section 10 Fire Lane/Fire Department Access Road from Ordinance No. 1504, enacted June 9, 2015.

For informational purposes, this Ordinance No. replaces the following:  Ordinance No. 1504, enacted June 9, 2015; Ordinance No. 1389, enacted November 13, 2012; Ordinance 1385, enacted August 14, 2012; Ordinance No. 1344, enacted September 22, 2009; Ordinance No. 1299, enacted November 27, 2007; Ordinance No. 1265, enacted June 27, 2006; Ordinance No. 1211, enacted May 25, 2004; Ordinance No. 1191, enacted September 9, 2003; Ordinance No. 1187, enacted June 10, 2003; Ordinance No. 1136, enacted October 23, 2001; and Ordinance No. 1110, enacted September 12, 2000.

 AN ORDINANCE DEFINING OPEN BURN AND DESIGNATING OPEN BURN AREAS, REQUIREMENTS, PROHIBITIONS, RESPONSIBILITIES, PENALTY FOR VIOLATIONS, OBSTRUCTION OF DUTY AND PENALTY

______________________________________________________________Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:

SECTION 1 – Definition

Open Burning – burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber

 SECTION 2 – Burning Restrictions  

No person shall kindle, authorize to be kindled or maintain any open burning unless conducted and approved in accordance with this Ordinance.

Open burning that is offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fire hazardous shall be prohibited. The Rich Hill Fire Department and/or Rich Hill Police Department is authorized to order a extinguishment by the permit holder of open burning which creates or adds a hazardous or objectionable situation.

No person shall burn trash in the City except for yard waste, such as leaves, trees, brush and untreated building materials, which may be burned on the property from which it is generated provided there is no burn ban in effect for the City.

All fires or burning permitted by this Ordinance shall occur during daylight hours only, unless prior consent has been obtained from the Fire Chief or his authorized designee.

Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on site fire-extinguisher equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

SECTION 3 – Permission required, penalty for failure or refusal to obtain permission

a.  Verbal permission shall be obtained from the Dispatch or his authorized designee prior to kindling a fire for yard waste, wildfire management practices, prevention or control of disease or pests or a bonfire.

b.  The Fire Chief, his authorized designee and designated members of the Rich Hill Fire Department shall have authority to issue verbal permission to burn.

c.  The Bates County Sheriff’s Office is also authorized to issue verbal burning permission as directed by the Fire Chief and in accordance with the rules and regulations adopted by this Ordinance.

d.  Request for such approval shall only be presented by and permission granted to, the owner of the land upon which the fire is to be kindled.

e.  All persons who obtain permission must be of 18 years of age.

f.  When required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or the authorized local air quality management, provided that all conditions specified in this Ordinance are followed.

g.  Penalty: Any person who fails to obtain or refuses to obtain permission pursuant to this Ordinance shall be punished as follows:

1)         A maximum of 1 warning shall be allowed to the homeowner, resident or                         responsible person for the violation of this section.

2)         After the first warning, the homeowner, resident or responsible person shall be             fined $25.00 for each additional warning thereafter.

3)         The fines and penalties in this section shall be in addition to the violation of                    any other provisions of this Ordinance.

 SECTION 4 – Location and exceptions

a.  The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.

b.  Exceptions:

1)         Fires in approved containers shall be no less than 15 feet (4,572 mm) from a                   structure.   A burn container must be of non-combustible materials such as                     cinder blocks, brick or a metal barrel.

2)         The minimum required distance from a structure shall be 25 feet (7,620 mm)                  and the size of the fire shall not exceed 4 feet (1,828 mm) in diameter and 4                    feet (1,219 mm) in height.

SECTION 5 – Burn Ban

a.  If the Fire Chief or his authorized designee determines that dangerous conditions exist, no outdoor burning shall take place.

b.  When such determination is made, no permission to burn shall be issued and all existing permission to burn shall be revoked and no outdoor burning shall take place so long as the dangerous conditions exist.

SECTION 6 – Enforcement

a.  The provisions of this Ordinance shall be administered and enforced by the Rich Hill Fire Department and the Rich Hill Police Department.

b.  The Fire Chief may designate a member of the Rich Hill Fire Department and/or the Rich Hill Police Department to carry out the Fire Chief’s authority and directives provided for in this Ordinance, for any period of time.

c.  The Rich Hill Fire Department and the Rich Hill Police Department may direct that any unlawful outdoor fire be extinguished, and if the outdoor fire is not extinguished, or no one is present to extinguish the fire, the outdoor fire will be extinguished by the Rich Hill Fire Department at a charge of $250.00 per hour.

SECTION 7 – Obstruction of Duties

No person shall obstruct or harass a fireman or emergency management personnel who are enforcing the provisions of this ordinance.

SECTION 8 – Penalty

Upon conviction of or guilty plea to the provisions of this Ordinance, a fine not to exceed $500, imprisonment not to exceed 90 days or both fine and imprisonment may be imposed.

SECTION 9 – Responsibility

a.  Any applicant, as a condition of a Permit to Burn, shall assume all responsibility and obligation to take necessary precautions to control any fire and prevent its escape to his own or to the neighboring property

b.  The applicant shall be fully liable for, and indemnify and hold the City harmless from all damage to property and injury to any person as a result of any outdoor burning.

c.  The City shall assume no responsibility or obligation by the issuance of any permit or permission to burn.

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

This Ordinance shall be in force from and after its passage and approval.[i]

First reading March 28, 2017              Second reading March 28, 2017

This Ordinance was read two times and passed this 28th day of March 2017.

________________________________                Ayes: Humble, Pilcher, Robb, Rich

Jennifer Perkey-Ewing, Mayor

ATTEST:

________________________________                    Nays: None

Brittany Schenker, City Clerk

[i] The above provisions were removed from Ordinance No. 1504, enacted June 9, 2015.

AN ORDINANCE DEFINING AND DESIGNATING FIRE LANES AND FIRE DEPARTMENT ACCESS ROADS, USE, EXCEPTIONS AND PENALTY FOR VIOLATIONS

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Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:

SECTION 1 – Definitions

Fire Department Access Road:  A road that provides fire apparatus access from a fire station to a facility, building or portion thereof.  This general term shall include, but is not limited to, all other terms such as fire lane, public street, private street, parking lot lane, alley and access roadway.

Fire Lane:  A road or other passageway that allows passage of fire or emergency apparatus.  A fire lane is not necessarily intended for vehicular traffic other than emergency apparatus.

SECTION 2 – Designation and enforcement of fire lanes or Fire Department access roads

a.  Any area designated by the Fire Chief and/or an owner or lessee shall be authorized pursuant to this Ordinance to designate such area as a fire lane or Fire Department access road.

b.  The designated area shall be marked with signs stating: “No Parking Fire Lane” and any curb in that area shall be painted red.

c.  The owner, lessee or his authorized agent shall mark and maintain the markings of the designated area.

SECTION 3 – Prohibitions, exceptions

a.  No person shall stop or park a vehicle in any area that is posted with authorized signs or when painted curbs are constructed or erected designating the area as a fire lane.

b.  Exceptions:

1)         The restrictions shall not apply to public officers or emergency personnel acting             within the scope of duty.

2)         Any person that has a written consent from the Fire Chief prior to the use of a                fire lane.

SECTION 4 – Police may enter private property to enforce

All law enforcement officials are hereby empowered to enter upon property open to the public use in order to enforce the provision of this Ordinance.

SECTION 5 – Penalties

Upon conviction of or guilty plea to a violation of the provisions of this Ordinance, a fine not to exceed $500, imprisonment not to exceed 90 days, or both fine and imprisonment may be imposed.

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

This Ordinance shall be in force from and after its passage and approval.[i]

First reading: March 28, 2017                         Second reading: March 28, 2017

This Ordinance was read two times and passed this 28^th day of March 2017.

________________________________                 Ayes: Humble, Pilcher, Robb, Rich

Jennifer Perkey-Ewing, Mayor

ATTEST:

________________________________                    Nays: None

Brittany Schenker, City Clerk

[i] The above provisions were removed from Ordinance No. 1504, enacted June 9, 2015.

 AN ORDINANCE SETTING FORTH VIOLATION CONCERNING THE GREENLAWN CEMETERY

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Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:

 SECTION 1 – Prohibitions

a.  No person shall willfully destroy, disfigure, injure or misuses any wall, fence, hedge, monument, tombstone, tree or shrubbery around or within Greenlawn Cemetery.

b.  No person shall enter the cemetery except through entrances maintained for the public for such purpose, without permission of from the Sexton.

c.  No person shall drive over the graves, across gutters or upon the lawns of the cemetery under any pretense whatsoever.

d.  No person shall sound horns, sirens, or other audible signals within the cemetery except in connection with a funeral service.

e.  Vehicles shall not make U-turns upon roads in the cemetery.

f.  No person shall plant trees, shrubs, flowering plants or other vegetation in the cemetery.

SECTION 2 – Penalty

Any person convicted of a violation of any of the provisions of this ordinance shall be subject to a fine not to exceed $500, confinement not to exceed 90 days and/or both a fine and confinement.  Additionally, any individual convicted of an offense in this ordinance shall also be ordered to pay for any damages caused by his or her actions.

All ordinances or parts of ordinances or policies in conflict with this ordinance are hereby repealed.

This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]

1^ST READING : MARCH 14, 2017                     2^ND READING : MARCH 14, 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 14TH DAY OF MARCH 2017.

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: HUMBLE, PILCHER, ROBB, RICH

Nays: NONE

[i] This Ordinance removed the penalty provisions from Ordinance No. 1376 and its predecessors and created a separate and new penalty ordinance.

AN ORDINANCE ESTABLISHING A PROCUREMENT POLICY FOR CITY OF RICH HILL

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BE IT ORDAINED by the Board of Alderman of the City of Rich Hill as follows:

SECTION 1 – Competitive Bidding   

When the City negotiates any purchase over the amount of $4,500.00, an ample opportunity for competitive bidding shall be provided.   Bids shall be solicited expediently with due regard for competitive prices and quality.

SECTION 2 – Notice Defined  

Criteria for bids will be specific to the bid. The City Clerk shall also advertise all pending sales by a notice posted on the public bulletin board in the City Hall.

SECTION 3 – Bid Opening Procedure   

Bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the specified Board of Aldermen meeting.

SECTION 4 – Lowest Responsible Bidder   

The City reserves the right to reject any or all bids.  Contracts shall be awarded to the lowest responsible bidder.  Bids shall not be accepted from or contract awarded to a contractor who is in default on the payment of taxes, licenses or other monies due the City.   In determining the lowest responsible bidder, in addition to price, the following shall be considered:

1. The ability, capacity and skill of bidder to perform/provide the contract/services required;
2. Whether the bidder can perform the contract or provide the service promptly or within the time specific without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the subject of the contract;
9. The number and scope of conditions attached to the bid.

SECTION 5 – Justification of Award   

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered into the minutes of the Board of Aldermen.

SECTION 6 – Tie Bids    

If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. If there is no local low bidder, the award shall be made by drawing of lots to be held in public.

SECTION 7 – Open Market Procedure   

All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by SECTION 1 of this resolution shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by SECTION 3 for the award of formal contracts.

1. All open market purchases shall, be awarded to the lowest responsible bidder in accordance with the standards set forth in SECTION 4.
2. The City may solicit bids by: direct mail request to prospective vendors, telephone or public notice posted on the board of the City Hall.
3. The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and these records shall be open to public inspection.

SECTION 8 – Gifts and Rebates   

Every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except if given for the use and benefit of the City.

SECTION 9 – Emergency Purchases     

In case of an emergency that requires the immediate purchase of supplies or contractual services, the Supervisor in charge of the department or agency may request the purchase, at the lowest obtainable price, of any supplies or contractual services to the Mayor or President of the Board.  The Mayor or President of the Board may authorize the purchase in writing.  A full explanation of the circumstances of an emergency purchase shall be presented to the Board of Aldermen of the next regularly scheduled Board meeting.

SECTION 10 – Cooperative Procurement 

The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served and after approval of the Board of Aldermen.

Read two times and passed by the Board of Aldermen of the City of Rich Hill, Missouri, on the 14^th day of March 2017.

ATTEST:

__________________________      __________________________

Jennifer Perkey-Ewing, Mayor                    Brittany Schenker, City Clerk

Ayes: HUMBLE, PILCHER, ROBB, RICH

Nays: NONE

[i]

[i] For informational purposed this ordinance changed the language of Mayor Pro-Tem to President of the Board.

For informational purposes, this ordinance replaces the following: Ordinance 1502, enacted March 10, 2015; which replaced Ordinance 1337, enacted April 28, 2009; which replaced Ordinance 1116, enacted September 12, 2000; which replaced Ordinance 0941, enacted June 20, 1985.

AN ORDINANCE REPEALING ORDINANCE 1622 DEFINING ALL ASPECTS OF EMPLOYEE WORK RULES AND PROCEDURES

______________________________________________________________

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

1. The Ordinance defining all aspects of employee work rules and procedures is a guideline to all employees of the rules and procedures that they are expected to follow.

2. The penalties for failure to abide by the rules and procedures are not subject to determination through the municipal court and relate only to actions to be taken by an employee’s supervisor and/or the Mayor with consent and advice of the Board of Aldermen.

3. There is no need for the work rules and procedures to be an ordinance; rather it is procedural in nature, and shall be adopted as a resolution.

Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.

The repeal Ordinance 1622 shall be in force and affect from and after its passage and approval of this Ordinance as provided by law and after the approval and adoption of the work rules and procedures as a resolution.[i]

First reading on this the 14^th day of February 2017

Second reading on this the 14^th day of February 2017

PASSED THIS 14^th DAY OF FEBRUARY 2017.                                                                    ___________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

___________________________________

Brittany Schenker, City Clerk

Ayes: Rich, Robb, Pilcher, Humble

Nays: None

[i] This ordinance repeals Ordinance No. 1622, enacted November 22, 2016.

AN ORDINANCE REGULATING THE LICENSING, SALE, USE, CONSUMPTION OF ALCOHOLIC BEVERAGES AND PROHIBITING THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PENALITES FOR SUCH VIOLATIONS WITHIN THE CITY OF RICH HILL, MISSOURI

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

Section 1.  Definitions.

A. The term “intoxicating liquor” as used in this chapter, shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume except for non-intoxicating beer as defined below. All beverages having an alcoholic content of less than one-half of one percent by volume shall be exempt from the provisions of this chapter.

B. The phrase “non-intoxicating beer” as used in this chapter shall be construed to refer to and to mean any beer manufactured from pure hops, or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent by volume and not exceeding three and two-tenths percent by weight.

C. The term “financial interest” as used in this chapter is defined to mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital denoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except  by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking  institutions, whether paid as dividends, interest or profits, or in the guise of royalties, commissions, salaries, or any other from whatsoever.

D. The term “person” as used in this chapter shall mean and include and individual, association, Joint Stock Company, syndicate, co partnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court.

E. The term “sale by wholesale” as used in this chapter shall include and mean any person who shall maintain or be in charge of any place of business or depot in the city at which place intoxicating liquor or non-intoxicating beer shall be kept or stored  for sale to any other licensed dealer.

Section 2.  License required.

It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale in this City intoxicating liquor or non-intoxicating beer in any quantity without taking out a license to be granted by action of the Board of Aldermen. It shall not be a defense to a prosecution under this ordinance that the defendant is a private club, fraternal organization, or an employee of a private club or fraternal organization where such intoxicating liquor or non-intoxicating beer is offered for sale only to members of such private club or fraternal organization.

Section 3.   Qualification for license.

A. Before any license shall be issued pursuant to the provisions of this chapter, the applicant therefore shall apply, in writing, to the city clerk, giving the location of the place of business including the specific areas inside or outside of the building to which the license is to apply, and the names of all parties interested in the business to be operated under such license.

B. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character, and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or non-intoxicating beer, or who employs in his business as such dealer, any person whose license has been revoked or who has been convicted of violating such law.

C.

1. No person, partnership or corporation shall be qualified for a license under this law if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning legally or beneficially, directly or indirectly, ten percent or more of the stock of such corporation, or other financial interest therein, or ten percent or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer, or shall not be a person of good moral character.
2. No license issued under this chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor or non-intoxicating beer so long as any such employee does not directly participate in retail sales of intoxicating liquor or non-intoxicating beer.
3. The supervisor shall by regulation require all applicants for licenses to file written statements, under oath, containing the information reasonable required to administer this section. Statements by applicants for licenses as wholesalers and retailers shall set out, with other information required, full information concerning the residence of all persons financially interested in the business to be licensed as required by regulation. All material changes in the information filed shall be promptly reported to the supervisor.
4. Notwithstanding the definition of financial interest above, service as a member of the board of directors of a corporation, the stock of which is traded on the New York or American Stock Exchange, or NASDAQ, or ownership of less than ten percent of the outstanding shares in such corporation, shall not constitute a financial interest in such corporation or a subsidiary thereof.
5. Distillers, wholesalers, winemakers, brewers or their employees, officers or agents, shall not, under any circumstances, directly or indirectly, have any financial interest in the retail business for sale of intoxicating liquors or non-intoxicating beer and shall not directly or indirectly, loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit for liquors sold to such retail dealers.
6. No license shall be issued for the sale of intoxicating liquor in the original package not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his store a stock of goods having a value according to invoices of at least one thousand dollars, exclusive of fixtures and intoxicating liquors.

Section 4.  Classification of licenses and annual fees.

 The various classifications of licenses permitted under this chapter and the annual fee charged for each license shall be as follows:

1. For manufacturing, distilling or blending of intoxicating liquor in excess of five (5) percent of alcohol by eight, the sum of Three Hundred Seventy-Five Dollars ($375.00)
2. For manufacturing, distilling or blending of intoxicating liquor not in excess of five (5) percent of alcohol by weight, the sum of Three Hundred Seventy-Five Dollars ($375.00).
3. For the sale of intoxicating liquor by wholesale in excess of five (5) percent of alcohol by weight, the sum of Three Hundred Seventy- Five Dollars ($375.00).
4. For the sale of intoxicating liquor not in excess of five (5) percent of alcohols by weight, at wholesale, the sum of Seventy-Five Dollars ($75.00).
5. For the sale of intoxicating liquor by retail in the original package, the sum of One Hundred Fifty Dollars ($150.00).
6. For the sale of intoxicating liquor by the drink at retail for consumption on the premises of any resort or restaurant as defined below, in addition to all other fees required by law to be paid by such establishments, the sum of Four Hundred Fifty Dollars ($450.00), payable at the same time and in the same manner as other fees.
7. For the sale of intoxicating liquor in the original package at retail between the hours of 1:00 P.M. and midnight on Sundays, from any person licensed to sell intoxicating liquor in the original package at retail for the sum of Three Hundred Dollars ($300.00) in addition to all other fees required by law to be paid.
8. For the sale of intoxicating liquor between the hours of 1:00 P.M. and midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar, as defined below, in addition to all other fees required by law to be paid by such establishments, the sum of Three Hundred Dollars ($300.00), payable at the same time and in the same manner as other license fees.
9. For the sale of beer (intoxicating and non-intoxicating) in the original package, the sum of Twenty-two and 50/100 Dollars ($22.50).
10. For the sale of beer (intoxicating and non-intoxicating) for consumption on the premises the sum of Fifty-Two and 50/100Dollars ($52.50).
11. For the purpose of conducting wine, malt beverage, and distilled spirit tasting on the premises of any licensee authorized to sell intoxicating liquor in the original package at retail, the sum of Thirty-seven and 50/100 Dollars ($37.50).
12. Other provisions of this chapter to the contrary not withstanding, a permit for the sale of wine and malt liquor containing alcohol in excess of three and two-tenths percent by weight, for consumption on the premises where sold, may be issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. Such permit shall be issued only during the period from June fifteenth to July fifteenth annually and only for the day or days named therein and it shall not authorize the sale of wine and malt liquor except between the hours of 1:00 P.M. and midnight and for not more than four (4) days by any such organization. No permit shall be issued to any organization, which selects or restricts the membership thereof on the basis of race, religion, color, creed, or place of national origin.  For the permit, the holder thereof shall pay to the City the sum of One Hundred Fifty Dollars ($150.00).  No provision of law or rule or regulation of the supervisor shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the permit of such gathering or event.
13. For the sale of either intoxicating liquor or non-intoxicating beer for consumption on the premises by members or quests of a private club or fraternal organization, the sum of $500.00.

Section  5.  Separate permits required.

A separate permit or license shall be required for each place of business.  Every permit or license issued shall expire with the thirtieth day of June next succeeding the date of such permit or license. Applications for renewal of permits or licenses must be filed with the city clerk on or before the first day of May of each calendar year.  Of the annual license tax required in this chapter to be paid for any permit or license, the applicant shall pay as many twelfths as there are months (part of a month counted as one month) remaining from the date of the permit or license, to, but not including, the next succeeding first day of July. No person shall sell, give away, consume, otherwise dispose of, or store upon any premises licensed under this chapter, any intoxicating liquor or non-intoxicating beer other than that permitted by the license issued.

Section 6.  Original package not to be broken.

It shall be unlawful for any person holding a permit authorizing the sale of intoxicating liquor or non-intoxicating beer in the original package to allow such original package to be broken or allow any such beverage to be consumed in or upon the premises described in such permit, except during a licensed tasting event.

Section 7.   Hours of sales.

A. No person having a license under this law, nor any employee of such person, except as provided in subparagraphs 7 and 8 of Section 4 above, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and, except as permitted under subparagraph C of this Section 7, between the hours of 12:01 A.M. Sunday and 6:00 A.M. on Monday. If the person has a license to sell intoxicating liquor by the drink his premises shall be and remain a closed place as defined in this section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and, except as permitted under subparagraph C of this Section 7, between the hours of 1:30 A.M. Sunday and 6:00 A.M. A “closed place” is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises.

B. No person having a license under the provisions of the chapter, shall sell, give away or otherwise dispose of, or suffer the same to be done, upon or about these premises, any non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M.

C. Notwithstanding the provisions of subparagraph A of this Section 7, any person possessing a liquor license issued by the State of Missouri under the provisions of either Section 311.097 or Section 311.293, RSMo. which specifically permits the sale of intoxicating liquors between the hours of 9:00 a.m. to midnight on Sundays may sell the type of intoxicating liquors authorized by a license granted to the license holder by the City under this Ordinance between the hours of 9:00 a.m. and midnight on Sundays.

Section 8.  Resorts.

A. Any person who possesses the qualifications required by this chapter, and who now or hereafter meets the requirements of, and complies with the provisions of this chapter and state statutes, may apply for the Board of Aldermen to issue a license to sell intoxicating liquor by the drink at retail for consumption on the premises of any resort as described in the application.

B. As used in this section the term “resort” means:

1. Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty (60) percent of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations  where in consideration of payment, food, without lodging, is habitually furnished to travelers and customers and which restaurant establishment’s annual gross food sales for the past two (2) years immediately preceding its application for a license shall not have been less than $75,000.00 per year, with at least $50,000.00 of such gross  receipts from nonalcoholic sales.
2. A new restaurant establishment having been in operation for at least ninety (90) days preceding the application for such license, with a projected experience based upon its sale of food during the preceding ninety (90) days   which would exceed not less than Seventy-Five Thousand Dollars ($75,000.00) per year; or
3. A seasonal resort restaurant with food sales as determined in subsection (C) of this section.

C. For purposes of this section, a seasonal resort restaurant is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty (50) percent of all gross sales of such restaurant shall be sales of prepared meals.  Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty (50) percent shall be sales of prepared meals.  The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid.  Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license.  Nothing in this subsection shall prohibit a seasonable resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this chapter.

D. The times for opening and closing the establishments and all other laws and regulations of the City relative to alcoholic beverages as provided in this chapter shall apply to such resorts and restaurant establishments except where specifically in conflict with the provisions of this section or state law.

E. Any new resort or restaurant establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of an annual business from prepared meals or food which would exceed not less than Seventy-Five Thousand Dollars ($75,000.00) per year. The License fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

 Section  9.  Restaurant Bars.

A. Any person who possesses the qualifications required by this chapter, and who now or hereafter meets the requirements of and complies with the provisions of this chapter, may apply for, and the Board of Aldermen may issue a license to sell intoxicating liquor between the hours of 1:00 P.M. and midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar as described in the application. As used in this section the term “restaurant bar” means any establishment having a restaurant or similar facility on the premises at least fifty (50) percent of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least Two Hundred Thousand Dollars ($200,000.00) from the sale of prepared meals or food consumed on the premises.

B. All other laws and regulations of the City relative to alcoholic beverages as provided in this chapter shall apply to such restaurant bars except where specifically in conflict with the provisions of this section or state law.

C. Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 1:00 P.M. and midnight on Sunday for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty (50) percent of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than Two Hundred Thousand Dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license for the establishment.

Section 10.  Tasting license.

Notwithstanding any other provisions of this code to the contrary, any person possessing the qualifications and meeting the requirements of this code who is licensed to sell intoxicating liquor in the original package at retail hereunder, may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises.

Section 11.  Sales prohibited near schools and churches.

No license shall be granted for the sale of intoxicating liquor, as defined in this chapter, within 300 feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the board of education of the school, or the consent in writing of the majority of the managing board of the church or place of worship, except that when a school, church or place of worship shall hereafter be established within 300 feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for lack of consent in writing as herein provided.

Section 12.  Number of licenses for retail sale limited.

The number of licenses for the sale of intoxicating and non-intoxicating liquors at retail shall be limited as follows:

A. For the sale, by grocers and other merchants and dealers, of malt liquor containing alcohol in excess of three and two-tenths (3.2) percent weight and not in excess of five (5) percent by weight in the original package, and wines not to be consumed on the premises, no more than one (1) such licenses shall be issued for each four hundred (400) persons or major fraction thereof in the current United States census as residents of the City.

B. For the sale of malt liquor at retail by the drink for consumption on the premises, no more than one (1) such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

C. For the sale at retail of an intoxicating liquor not to be consumed on the premises, no more than one (1) such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

D. For the sale, by grocers and other merchants and dealers, of non-intoxicating beer in the original package, not to be consumed on the premises, no more than one such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

E. For the sale of non-intoxicating beer at retail for consumption on the premises, and where more than fifty (50) percent of the gross receipts of the business situated on the licensed premises is derived from the sale of prepared foods to be consumed on the premises, no more than one (1) such license shall be issue for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

F. For the sale of intoxicating liquor at retail for consumption on the premises, and where the business is licensed as a resort, restaurant, or restaurant bar, no more than one such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

G. For the sale of intoxicating liquor or non-intoxicating beer for consumption on the premises by members or guests of a private club or fraternal or non-profit organization, no more than one such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

Section 13.  License non-transferable; exceptions:

A. No License issued under this chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law may make application and the City may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee as been paid by the deceased.

B. Whenever one or more members of a partnership withdraws from the partnership, the City, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.

Section 14.  Minors – employment of.         

A. Except as provided in subsections B and C of this section, no person under the age of Twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.

B. In any place of business licensed in accordance with RSMo. 311.200 or 312.040, where at least fifty (50) percent of the gross sales made consists of goods, merchandise or commodities other than intoxicating liquor or non-intoxicating beer in the original package, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack for carryout intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.

C. In any distillery, warehouse, wholesale distributorship or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale retail, or dispensing for consumption or sale at retail.

D. Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor or non-intoxicating beer in places of business which sell food for consumption on the premises if at least fifty (50) percent of all sales in those places consists of food; provided, that nothing in this section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar intoxicating beverages or non-intoxicating beer.

Section 15.  Minors – Purchase or possession by; sales to; exception.

A. No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his possession, any intoxicating liquor or non-intoxicating beer.

B. No person shall sell, give or in any way transfer to a person under the age of twenty-one (21) years any intoxicating liquor or non-intoxicating beer.

C. For the purpose of prosecution for violations of this section, any person under the age of twenty-one (21) years who shall be shown by competent evidence to be intoxicated or under the influence of alcohol shall be presumed to have had in his possession an intoxicating liquor or non-intoxicating beer. Competent evidence of intoxication or influence of alcohol may be shown by, but is not limited to, evidence of a chemical test of the defendant’s breath, saliva, urine or blood as authorized by RSMo. 577.020. If chemical analysis of the defendant’s breath, saliva, urine or blood shows that the defendant has in excess of five hundredths of one percent (0.05%), or more, of alcohol by weight in the defendant’s blood, it shall be presumed that the defendant was under the influence of alcohol. The percentage of alcohol in the blood shall be determined as authorized by RSMO. 577.020.

D. This section shall not apply to supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medicinal purposes only, or by the parent or guardian of such person or to the administering of intoxicating liquor to such person by a physician.

Section 16.  Sales to habitual drunkards, apparently intoxicated persons.

No licensee under this chapter and no employee of any such licensee or any other person shall sell or supply intoxicating liquor or non-intoxicating beer or permit such to be sold or supplied to a habitual drunkard or to any person who is under, or apparently under, the influence of intoxicants.

Section 17.  Misrepresentation of age by minor.

No person, having attained the age of seventeen (17) years but less than twenty-one (21) years of age, shall misrepresent his age for the purpose of purchasing or in any way obtaining any intoxicating liquor or non-intoxicating beer.

Section 18.  Possession while on public property.

It shall be unlawful for any person to possess any intoxicating liquor or non-intoxicating beer in or upon any public property within the city, specifically including but not limited to the streets and alleys of the city unless such intoxicating liquor or non-intoxicating beer shall be contained in the original package and the seal of such original package shall not have been broken.  It shall not be a defense to prosecution under this section that the intoxicating liquor or non-intoxicating beer was contained in a motor vehicle unless the intoxicating liquor or non-intoxicating beer was contained in a closed portion of the vehicle not accessible to the occupants of the vehicle from the interior of the vehicle.

Section 19.  Loitering by minors.

A. Except as authorized by law, it shall be unlawful for any person under the age of twenty-one (21) years, with or without consent of one (1) or both of his parents or his guardian or whether or not accompanied by a parent or guardian to patronize, visit, frequent or loiter near any saloon, dram shop or beer parlor where intoxicating liquor or non-intoxicating beer is sold by drink or open bottle.

B. Any person under the age of seventeen (17) years who violates this section may be declared a delinquent child and dealt with as prescribed by the juvenile laws of the state.

C. Except as authorized by law, it shall be unlawful for any operator of a saloon, dram shop or beer parlor to allow a minor under twenty-one (21) years of age to patronize, visit or frequent his place of business.

D. Except as authorized by law, it shall be unlawful for any parent or guardian to consent to or to accompany his child or ward under the age of twenty-one (21) years to patronize, visit, frequent or loiter near a saloon, dram shop, or beer parlor where intoxicating liquor or non-intoxicating beer is sold by drink or open bottle.

Section 20.  Exposure of private parts of body or simulation thereof.    

A. It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the city where alcoholic beverages are offered for sale or may be consumed on the premises:

1. To suffer or permit any female person, while on the premises of the commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof.
2. To suffer or permit any female person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate with portions of the human female breast as described in subsection 3-20 A. (1).
3. To suffer or permit any person, while on the premises of the commercial establishment, to expose to public view his or her genitals, pubic area, anus, or anal cleft or cleavage.
4. To suffer or permit any person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, anal cleft or cleavage.

B. It shall be unlawful for any female person, while on the premises of a commercial establishment located within the city at which alcoholic beverages are offered for sale or may be consumed on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ a device or covering which is intended to give the appearance of or simulate such areas of the female breast as described herein.

C. It shall be unlawful for any person, while on the premises of a commercial establishment located within the city at which alcoholic beverages are offered for sale or may be consumed on the premises, to expose to public view his or her genitals, pubic area, anus, anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus or anal cleft or cleavage.

Section 21.  Suspension or revocation.

A. The Board of Aldermen may, on hearing, suspend or revoke any license issued under the provisions of this division if the licensee has not at all times kept an orderly place or if he has violated any provision of this chapter, or for any other good cause shown, after first having given such licensee not less than ten (10) days notice in writing of his opportunity to be heard. This notice shall contain the grounds for such suspension or revocation, and shall command the licensee to be present at a regular or called meeting of the Board of Alderman and show cause, if any, why such license should not be suspended or revoked. Such licensee shall have full right to be represented by counsel at the hearing and may produce witnesses and evidence in his behalf.  The notice shall be served by a police officer and may be served by leaving a copy thereof with the licensee or any person or employee in charge of the licensee’s place business.

B. A decision to suspend or revoke a license may be based upon one or more of the following:

1. An offense resulting in a conviction involving the use of force or violence upon the person of another in the operation of the business of licensee;
2. A conviction of a crime involving a felony by licensee or any of the officers or the managing officer of licensee;
3. Any false, misleading or fraudulent statement of fact in the license application for the licenses or in any other document required by the city in conjunction therewith;
4. Violation of any of the provisions of these articles or any of the laws of this city;
5. Violation of the laws of the state, the United States of America, or any rule or regulation pertaining to the sale and licensing of intoxicating liquors;
6. Operation of the business in such a manner that it constitutes a nuisance to the neighborhood;
7. Conduct by the officers, employees, or managing officers of the licensee such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises or other conduct which shows improper conduct by an individual who is licensed pursuant to this division.  For purposes of this section, the term “premises” shall include the  licensed premises, the parking lots and the area around the business, which is owned, used, maintained as part of the business;
8. Lack of proper control of customers. The licensee shall use good judgment in the sale of intoxicating beverages and shall not sell same to persons obviously intoxicated.  If any customer becomes unruly or abusive, it shall be the duty of the licensee to call and fully cooperate with police, or other law enforcement authority. The licensee shall take appropriate and necessary steps to supervise the premises immediately outside the liquor establishment, shall keep said premises free from litter, and shall not allow the premises to become a gathering location for the liquor establishment’s customers;
9. The operation or possession of any gambling device in or about the premises where intoxicating liquor is sold, either in the original package or for consumption on the premises where sold.

Section 22.  Driving while under influence of alcohol or drugs.

(a) Driving while intoxicated, drugged. A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition.

(b) Excessive blood alcohol content. A person commits the offense of driving with excessive blood alcohol content if he or she operates a motor vehicle with eight-hundredths of one percent (.08%) or more by weight of alcohol in his or her blood.

(c) Definition. As used in Sections (a) and (b) the terms “drive’ or “operate” means physically driving or operating or being in actual physical control of a motor vehicle.

(d) Percent by weight of alcohol, defined. As used herein, the term “percent by weight of alcohol” shall have the meaning as provided by State law, RSMo. Section 577.012.

(e) Implied consent. Any person who operates a motor vehicle shall be deemed to have given consent to a chemical test or tests of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his blood. Such test shall be performed according to the provisions of State law, in RSMo. Sections 577.020 through 577.041.

(f) Reports to Highway Patrol.  A record of the conviction in any court proceeding involving a violation of Subsection (a) or Subsection (b) shall be forwarded to the Missouri State Highway Patrol within fifteen (15) days by the Clerk of the court.

(g) Penalty.

(1) Any person convicted of driving while intoxicated shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement for not more than ninety (90) days, or both such fine and confinement. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence on less than two (2) years probation.

(2) Any person convicted of driving with blood alcohol content shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), confined for not more than ninety (90) days, or both such fine and confinement.

(3) Upon a plea of guilty or a finding of guilty for an offense of driving while intoxicated or driving with blood alcohol content, the court may (as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law) order the convicted person to participate in and successfully complete an alcohol or drug related traffic offender education or rehabilitation program as described in RSMo. Section 577.049. Such a program may be used as a condition for suspending any permissible portion of any sentence only one (1) time.

(h) Arrest without a warrant. An arrest without a warrant by a Law Enforcement Officer, including a uniformed member of the State Highway Patrol, for a violation of Subsection (a) or Subsection (b) hereof is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated either Section, whether or not the violation occurred in the presence of the arresting officer; providing however, that any such arrest without warrant must be made within one and one-half (11/2) hour after such claimed violation occurred.

(i) Certain costs of arrest to be reimbursed. Pursuant to the authority of Section 577.048, RSMo., in each plea of guilty in the Municipal Court of the City of Rich Hill for a violation of this Section, in addition to imposition of other penalties provided herein, the Municipal Court shall order the defendant to reimburse the City of Rich Hill for each administrative cost applicable to the case, as follows:

(1)	Arrest Cost	$29.00
(2)	Breath Test Cost	4.00
(3)	Blood Test Cost	24.00
(4)	Booking Cost	6.00
(5)	Detention Cost	35.00

Section 23.   Minors-abuse and lose.

A. The Municipal Court judge may,  upon a plea of guilty, conviction or finding of guilt, and in conformity with the law of the State of Missouri,  enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:

1. Any alcohol-related traffic offense in violation of municipal ordinance where the defendant was represented by or waived the right to an attorney in writing;
2. Any offense in violation of municipal ordinance, where the defendant was represented    by or waived the right to an attorney in writing, involving the possession or use of  alcohol, committed while operating a motor vehicle;
3.  Any offense in violation of a municipal ordinance, where the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol for a second time; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.

B. The court shall require the surrender to it of any license to operate a motor vehicle, temporary instruction permit, intermediate driver’s license or any other driving privilege then held by any person against whom a court has entered an order suspending or revoking driving privileges under subsection A of this section.

C. The court shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses, temporary instruction permits, intermediate driver’s licenses, or any other driving privilege acquired under the provisions of this section.

D. The period of suspension for a first offense under subsection 1 of this section shall be ninety days. Any second or subsequent offense under subsection 1 of this section shall result in revocation of the offender’s driving privileges for one year. The period of suspension for a first offense under subsection 2 of this section shall be thirty days. The period of suspension for a second offense under subsection 2 of this section shall be ninety days. Any third or subsequent offense under subsection 2 of this section shall result in revocation of the offender’s driving privileges for one year.

Section 24.   Penalties

 Except for Section 22 of this Ordinance which provides for its own penalties for its violation, the violation of any other section or provision of the Ordinance shall be punishable upon conviction by a fine of up to $500.00 or confinement of up to 90 days in jail, or both a fine and confinement.

Section 25.   Voter approval of license fees.

The license fees for the sale of alcoholic beverages within the City of Rich Hill, Missouri as set forth in Section 4 of this ordinance were submitted to and approved by voters of Rich Hill, Missouri on August 5, 1997  and shall not be amended without the approval of the voters of Rich Hill, Missouri.

Section 26.  Repeal of conflicting ordinances.

Ordinances 1077, 1105, 1108 1139 and 1276, as well as other ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

 Section 27.  Effect of partial invalidity.

The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

Section  28.  Effective date.

Except as provided herein, this Ordinance shall take effect and shall be in full force from and after its passage and approval as provided by law.

READ TWO TIMES AND PASSED THIS 14^TH DAY OF FEBRUARY 2017.

________________________________

Jennifer Perkey-Ewing

MAYOR

ATTEST:

_________________________________

Brittany Schenker

CITY CLERK

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i]

[i] For informational purposes this ordinance modifies Section 12, to limit the number of licenses to no more than one (1) such licenses shall be issued for each four hundred (400) persons or major fraction thereof in the current United States census as residents of the City.

For informational purposes, this Ordinance replaces the following:  Ordinance No. 1306, enacted March 11, 2008; Ordinance No. 1280, enacted March 13, 2007; Ordinance No. 1276, enacted November 14, 2006; Ordinance No.  1108, enacted July 11, 2000; Ordinance No. 1105, enacted June 13, 2000; Ordinance No. 1092, enacted May 11, 1999; Ordinance No.  1090, enacted January 26, 1999; Ordinance No. 1077, enacted May 13, 1997; Ordinance No.1031 enacted September 8, 1992; Ordinance No. 0979, enacted September 13, 1988; Ordinance No. 0949, enacted September 24, 1985.

AN ORDINANCE TO DEFINE MUNICIPAL ORDINANCE VIOLATIONS, WHICH INCLUDES DANGEROUR BUILDINGS; GENERAL REQUIREMENTS; ABATEMENT; PENALTY; PAYMENT OF COURT COSTS AND/OR COMMUNITY SERVICE FEES; CONFINEMENT; ANNUAL SPECIAL FINANCIAL REPORT OF THE CALCULATION OF FINES AND COURT COSTS COLLECTED; LIMITATIONS AS TO THE PERCENTAGE RECEIVED OF THE GENERAL REVENUE

________________________________________________________

BE IT ORDAINED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

ARTICLE I– DANGEROUS BUILDINGS

Section 1 – Definitions.

Section 2 – Purpose

Section 3 – Dangerous buildings.

Section 4 – Standards for repair, clean up, vacation and/or demolition.

Section 5 – Duties of the Chief of Police and City Superintendent, emergencies.

Section 6 – Liability.

Section 7 – Penalty.

Sections 8 through 12 reserved

ARTICLE II – DANGEROUS BUILDING ABATEMENT

Section 13 – Notice.

Section 14 – Serving notices or orders; procedures for notice/service.

Section 15 – Disregarding notices.

Section 16 – Notice of hearing; testimony under oath; record of hearing.

Section 17 – Findings.

Section 18 – Order to repair, clean up, vacate and/or demolish, salvage.

Section 19 – Appeal.

Section 20 – Recording of statement of violation, certificate of existence of dangerous building.

Section 21 – Payment of costs.

Section 22 – Insurance proceeds from damage or loss.

Section 23 – Violations and penalties.

ARTICLE I – DANGEROUS BUILDINGS

Section 1 – Definitions

Section 2 – Purpose

Section 3 – Dangerous buildings.

Section 4 – Standards for repair, clean up, vacation and/or demolition.

Section 5 – Duties of the Chief of Police and City Superintendent, emergencies.

Section 6 – Liability.

Section 7 – Penalty.

Section 1 – Definitions

Municipal Ordinance Violation:  A municipal ordinance prosecuted for charges as follows and includes amended charges for any municipal ordinance violation, but does not include abatement of abandoned property or junk or abatement of dangerous buildings:

A. Chapter 64, §§160, 200, 295, 487, 690 and 895 (zoning orders, planning regulations and restrictions);

B. Chapter 67, § 398 abatement of public nuisances including, but not limited to: any material or condition that is unhealthy or unsafe and declared to be a public nuisance.

Chief of Police:  Shall include his authorized representative

City Superintendent:  Shall include his authorized representative

Nuisance:  Includes, but is not limited to, the following:

A. Any act done or committed, or suffered to be done or committed by any person or any substance or thing kept, maintained, placed or found in or upon any public or private place within the City that is injurious, dangerous or unsafe to the public.

B. Any pursuit followed or acts done or acts failed to be done by any person that is injurious, dangerous or unsafe to the public.

C. Any obstruction caused or permitted on any street, sidewalk, public or private alley that is injurious, dangerous, offensive, unsafe or unhealthy to the public.

D. Any tenement, boardinghouse or lodging house in the City leased, let, rented or occupied by any person for dwelling that is not sufficiently lighted, ventilated, heated or provided with water, or kept in a clean and sanitary condition that is dangerous, injurious, obnoxious, offensive or unsafe to the public.

Owner:  Includes each owner in the case of joint tenancy, tenancy by entireties or tenancy in common

Section 2 – Purpose.

The purpose of section 1 through 21 is to implement the revision RSMo § 67.400 et seq., and shall be referred to as the dangerous building code.

Section 3 – Dangerous buildings or structures defined.

All buildings or structures, portions or parts of a building or remains of a building or structure which may have any of the following defects shall be deemed a dangerous building and a nuisance, provided that such conditions or defects exist to the extent that they are detrimental to the life, health, property, safety or welfare of the public, or its occupants are endangered:

(a) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing from the center of the wall at the top does not fall inside the width of the base.

(b) Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or snow than is required in the case of similar new construction.

(c) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, vandalism or faulty construction or the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or the deterioration, decay or inadequacy of its foundation or any other cause is likely to partially or completely collapse.

(d) Whenever the building or structure, exclusive of the foundation, shows substantial damage or deterioration of the supporting or nonsupporting members, or enclosing or outside walls or wall coverings.

(e) Whenever the building or structure has improperly distributed loads upon the floors or roofs, or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

(f) Whenever any portion thereof has been damaged by fire, earthquake, tornado, wind, flood, vandals or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe or damage and the same is no longer occupied or used for the purpose for which it was used prior to the damage.

(g) Whenever a door, aisle, passageway, stairway, fire escape or other means of egress is not of sufficient width or size, or is damaged, dilapidated, obstructed or otherwise unusable, or so arranged so as not to provide safe and adequate means of egress in case of fire or panic.

(h) Whenever any portion or member or appurtenance thereof (e.g., porch, chimney, signs) is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(i) Whenever any building or structure has any portion, member or appurtenance, or ornamentation on the exterior thereof, which is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of safely resisting wind pressure, or snow or other loads.

(j) Whenever the building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, trash, filth, inadequate light, air ventilation or sanitation facilities, or otherwise is determined to be unsafe, unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease.

(k) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(l) Whenever the building or structure, or land it occupies, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure or land provided by this article or other applicable laws or ordinances of this state or city relating to the condition, use location, maintenance of the building, structures or land.

(m) Whenever the building or structure has become an attractive nuisance to children or is open to unauthorized or unlawful entry.

(n) Whenever the building or structure, because of obsolescence, dilapidated condition, deterioration, damage, trash and debris, unsafe exits, lack of sufficient fire-resistive construction, unsafe electrical wiring, gas connections, or heating apparatus, previous fires or any other cause, is a fire hazard.

(o) Whenever the electrical system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or hazardous.

(p) Whenever the plumbing system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or unsanitary.

(q) Whenever the mechanical system or any portion of the mechanical system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsafe.

(r) Whenever the building or structure, because of obsolescence, dilapidated condition, deterioration or damage is detrimental to the sale, loan or taxable values of surrounding properties or which renders such surrounding properties uninsurable or which constitutes an eyesore so as to deprive owners of occupants of neighboring property of the beneficial use and enjoyment of their premises or which presents an appearance which is offensive to persons of ordinary sensibilities.

(s) Whenever the building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(t) Whenever any portion of a building or structure remains on a site when construction or demolition work is abandoned.

Section 4 – Standards for repair, clean up, vacation and/or demolition.

The following shall be followed in substance by the Chief of Police and/or the City Superintendent in ordering repair, clean up and maintenance, vacation and/or demolition of any dangerous building:

A. If the dangerous building can reasonably be repaired and/or cleaned up and maintained so that it will no longer exist in violation of the terms of Section 3, it shall be ordered repaired and/or cleaned up and maintained; any repair and/or clean up and maintenance shall be performed in full compliance with all requirements of the City.

B. If the dangerous building is in such condition as to make it dangerous to the health, safety or welfare of its occupants, it shall be ordered to be vacated, pending abatement of the dangerous condition(s).

C. In any case where the dangerous building cannot be reasonably repaired or cleaned up and maintained so that the dangerous building will no longer exist in violation of the terms of Section 3, the dangerous building shall be ordered demolished, or in extenuating circumstances repaired; the demolition or repair shall be performed in full compliance with all requirements of the Code; in the event it is not repaired or demolished by the owner, then the City may abate the dangerous building by demolition.

D. In any case where the conditions constituting the dangerous building public nuisance are such that the costs to repair and/or clean up and maintain the building or structure so that it will no longer constitute a dangerous building public nuisance is equal to or exceeds 50 percent of the value of the dangerous building, it shall be ordered demolished, or in extenuating circumstances repaired; the demolition or repair shall be performed in full compliance with all requirements of the Code; in the event it is not repaired or demolished by the owner, then the City may abate the dangerous building public nuisance by demolition.

E. Any dangerous building constituting a public nuisance because of the conditions described in Section 3 shall be ordered to be completed in accordance with lawful plans and specifications and all requirements of the Code, and if it shall not be so completed or demolished by the owner in full compliance with the Code, then the City may abate the dangerous building public nuisance by demolition.

F. Any dangerous building found to be a public nuisance because of the conditions described in Section 3 shall be ordered demolished; the demolition shall be performed in full compliance with all requirements of the Code.

Section 5 – Duties of the City Superintendent and the Chief of Police, emergencies.

The City Superintendent or the Chief of Police:

A. May inspect or cause to be inspected as deemed necessary, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, residential or loft buildings or structures for the purpose of determining whether any conditions exist as set forth in Section 3.

B. Whenever the City Superintendent and/or the Chief of Police has reasonable cause to believe that there exists upon any premises any condition that makes the building unsafe, dangerous or hazardous, the City Superintendent and/or the Chief of Police may enter the premises at all reasonable times to inspect the same or to perform any duty imposed; however, if the  premises is occupied, he shall first present proper credentials and request entry;  if the premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.  If entry is refused, the City Superintendent and/or the Chief of Police shall obtain a search warrant as well as any recourse to every remedy provided by law to secure entry.

C. Shall inspect any buildings or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 3.

D. Shall inspect any building or structure reported by the fire or police department when that department has reason to believe that the building or structure has any of the conditions set forth in Section 3.

E. Shall inspect any building or structure in the City at any time there is reason to believe that the building or structure has a condition described in Section 3.

F. Shall determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 3, and that it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition, shall immediately notify the City Superintendent. Should the City Superintendent find there is immediate danger, the Chief of Police shall immediately post upon the building or structure a notice reading as follows:                                                                        “This building has been found to be a public nuisance by the City Superintendent                  of the City of Rich Hill. It also reasonably appears that this building or structure                  is an immediate danger to the health, safety or welfare of persons thereabouts or                  therein. This notice is to remain on this building or structure until it is brought                    into compliance with the ordinances of the City of Rich Hill. It is unlawful to                          remove this notice until such compliance has occurred.”

G. Shall report to the City Superintendent any non-compliance with the notice provided for in this Article.

H. Emergencies. Notwithstanding anything to the contrary contained in this Section, in all cases where it reasonably appears that an immediate danger to the health, safety or welfare of any person exists, the City Superintendent and/or the Chief of Police may take emergency measures to vacate, repair, clean up and/or demolish a building or structure which is a dangerous building under the provisions of this Article.

I. Nothing contained in this subsection shall be construed to deprive any person entitled to the notice and hearings prescribed herein.

Section 6 – Liability.

No officer, agent, or employee of the City shall be personally liable for any damage that may occur to any persons or property as a result of any act required of him or permitted to be taken by him under the terms of this Article.  Any suit brought against any officer, agent or employee of the City as a result of any acts required or permitted shall be defended by the City insurer until the final determination of the proceedings, and if judgment is obtained, it shall be paid by the City insurer.  This clause in no way waives any defense, including sovereign immunity, to any claims brought against the City.  It is hereby further declared that no officer, agent or employee of the City owes any duty under the provisions of this Article to any citizen or other individual, but the duties prescribed herein and imposed upon officers, agent or employees of the City are duties to be performed for the government of the City.

Section 7 – Penalty.

A. The provisions contained herein under this Chapter shall not be exclusive, and the City may pursue any additional remedies it may have as provided by law. Violations of this Code that are continuous with respect to time, each day the violation continues may be charged as a separate offense.

B. The following persons upon a plea or finding of guilt shall be subject to a fine not to exceed $500, confinement not to exceed 90 days, or both fine and imprisonment.

1. Any owner of a dangerous building who fails to comply with an order of the City Superintendent to vacate, repair, clean up, maintain and/or demolish a dangerous building or who fails to proceed continuously to vacate, repair, clean up, maintain and/or demolish the dangerous building without unnecessary delay;
2. The party in actual or constructive possession, or one who has a legal duty to act for a party, who fails to comply with an order of the City Superintendent to vacate, repair, clean up, maintain and/or demolish a dangerous building;
3. Any person failing to immediately vacate a building upon the verbal or written order of the City Superintendent and/or Chief of Police in cases of emergency pursuant to the provisions of this Article;
4. Any person who hinders, threatens or interferes with any inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building or who removes a posted notice placed upon a dangerous building or otherwise violates any of the provisions of this Article.
5. Persons subject to payments of a fine shall include, but are not limited to, the tenant, an owner, a party in actual or constructive possession or one who has a legal duty to act for a party.

ARTICLE II

DANGEROUS BUILDING ABATEMENT PROCEDURES AND COLLECTION OF COSTS OF ABATEMENT

Section 13 – Notices

Section 14 – Serving notices or orders; procedures for notice/service.

Section 15 – Disregarding notices.

Section 16 – Notice of hearing; testimony under oath; record of hearing.

Section 17 – Findings.

Section 18 – Order to repair, clean up, vacate and/or demolish, salvage.

Section 19 – Appeal.

Section 20 – Recording of statement of violation, certificate of existence of dangerous building.

Section 21 – Payment of costs.

Section 22 – Insurance proceeds from damage or loss.

Section 13 – Notice.

A. Whenever the City Superintendent has determined that any building or structure is a public nuisance under Section 3, he shall, as soon as possible thereafter, notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the Recorder of Deeds of Bates County that the building or structure has been found to be a dangerous building and/or a public nuisance under Section 3.

B. The notice shall set forth a description of the property deemed dangerous and the conditions found in the building or structure that constitute the building or structure as a dangerous building public nuisance under Section 3.

C. The notice shall also provide for abatement of the dangerous building public nuisance by:

1. ordering the building or structure to be vacated, repaired, cleaned up and      maintained and/or demolished; and
2. specifying commencement of the work within 10 days after receipt of the notice, which commencement shall include the scheduling of an appointment with the City Superintendent by the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure and the establishment of an acceptable plan of action for the work; and
3. requiring the work to proceed continuously without unnecessary delay to completion in strict compliance with the plan of action approved by the City Superintendent.

Section 14 – Serving notices or orders; procedure for notice/service. 

A. Whenever, under this Article, a notice is required to be served upon the persons interested in any building or structure, the notice shall be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the office of the Bates County Recorder of Deeds in Butler, Missouri; the notice shall be signed by the City Superintendent.

B. Owner residing inside City limits: The notice shall be served by anyone competent to be a witness by handing the notice to the person to be served or by leaving the notice at the usual place of abode of the one to be served with a member of the household over the age of 15 years.

C. Owner not residing inside City limits or is unable to be personally served: If the person to be served does not reside in the City or shall have absented himself from the City or concealed himself so that personal service may not be made as provided for herein and if his address is known, then service shall be made by:

1. ordinary mail (when notice is sent by ordinary mail, there is a rebuttable presumption that the letter was delivered 5 days after the date it was sent); and by
2.  certified mail, return receipt requested.

D. Unknown address: If the address of the person to be served is unknown, the service of notice shall be by posting and by publication. The publication shall contain the full text of the notice and shall be published at least once a week for 3 consecutive weeks on the same day of the week in some newspaper of general circulation published in the appropriate county; the notice shall state that the date for hearing shall occur 10 days after the final date of publication and the owner or person to be served has 30 days from the date of the last publication to complete the work or any other thing to be done.

Section 15 – Disregarding notices.

Whenever there is a failure to obey a notice to abate a dangerous building issued pursuant to Section 13 by:

• not commencing work and establishing an acceptable plan of action in the time specified in the notice, or
• there is a failure to proceed continuously with the work required without unnecessary delay to completion in strict compliance with the approved plan of action; the City Superintendent shall call and have a full and adequate hearing upon the matter giving all interested parties as described in Section 13 notice and opportunity to be heard.

Section 16 – Notice of hearing; testimony under oath; record of hearing.

A. The purpose of a hearing is to allow the owner and/or the non-owner occupant to challenge the finding of a dangerous building and/or nuisance and to show cause why the dangerous building public nuisance should not be abated. At the hearing, any party may be represented by counsel, and all parties shall have an opportunity to be heard and to present evidence.

B. Hearing dates shall be set by the City Superintendent as follows:

1. Personal service by hand delivery:  10 days from the date of service;
2. Service by certified mail:  10 days after the date of acceptance of the certified mail;  or if the certified mail is not accepted, 10 days after the return of the certified mail receipt to the City;
3. Service by publication: 30 days after the first date of publication.

C. In any instance, the City Superintendent shall provide all interested parties (the owner of the building or structure, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the office of the Bates County Recorder of Deeds) a 10-day written notice of the date of the hearing.

D. The notice must state that any party may be represented by counsel and that all parties shall have an opportunity to be heard and present evidence that is relevant to a determination of:

1. Whether or not the building or structure involved is a dangerous building public nuisance under the terms of Section 3;
2. Whether the procedure required by this Article has been substantially followed; and
3. Whether or not the abatement order was reasonable and within the standards of this Article.

E. All testimony shall be under oath, which may be administered by the City Superintendent.

F. A written record of the hearing shall be made by a reporter to be employed by the City, the cost of which shall be paid by the City should the proceeding be eventually held against the City and by the owner or any interested party if it should not. In the latter case, the cost of such reporting shall be a lien upon the lot, tract, or parcel of land upon which the building or structure stands and shall be added to the cost of demolition, repair, clean up and maintenance in the event the City shall be required to do so and shall be payable as provided in Section 21.

Section 17 – Findings.

A. Within 30 days from the date of the hearing, the City Superintendent, his authorized representative or a specially appointed hearing officer, shall, upon the basis of competent and substantial evidence offered at the hearing, make a finding of fact as to whether or not the building or structure in question is a dangerous building public nuisance under the terms of Section 3 and detrimental to the health, safety and welfare of the residents of the City, specifically finding as a matter of fact the condition or conditions of the building or structure that constitute the nuisance.

1. If it is found that the building or structure is a dangerous building public nuisance, further findings shall be made as to whether or not the procedures required by the Article have been substantially met and complied with, and whether or not the abatement order to abate the condition was reasonable in its terms and conditions and within the standards of this Article.
2. If it is found that the abatement order was not reasonable or within the standards of this Article, it shall be the duty of the City Superintendent, his authorized representative or the special hearing officer to make his own findings of fact as to what is reasonably required to abate the dangerous building public nuisance within the standards of this Article.
3. If the City Superintendent, his authorized representative or the special hearing officer finds that a dangerous building public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, the proceedings against the owner of the building or structure shall be dismissed.

Section 18 – Order to repair, clean up, vacate and/or demolish, salvage.

A. If a proceeding is not dismissed following the findings required by Section 17, the City Superintendent shall issue an order directing the building or structure to be completed, repaired, cleaned up and maintained and/or demolished and/or vacated, as the case may be. This order, together with the findings of fact, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his attorney of record by certified mail, return receipt requested. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in the Rich Hill City Hall for a period of 30 days from the date of issuance thereof. The order shall state a reasonable time that (except in cases of emergency) shall not be less than 30 days from the date of issuance within which to comply with the order, and shall further provide that if it is not complied with within such time, the City Superintendent shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.

B. If there is no contractor employed by the City for that purpose, the City Superintendent is hereby authorized to enter into contracts not to exceed $2,500.00 or whatever limit is set by the Board of Aldermen with persons engaged in the business of repairing or demolishing buildings for the purpose of enforcing the order provided for in this section if there are sufficient funds provided for that purpose in the budget or a supplemental appropriation. Additional contracts or contracts for amounts in excess of $2,500.00 or other set limit must be approved by the Board of Aldermen.

C. Salvage:

1. When the City takes bids from independent contractors for demolition of a building, bidders shall deduct any salvage value the materials in the building or structure may have from the cost of demolition in arriving at their bid amount.
2. Should city employees do the demolition, the actual net cash received by the city from the salvaged materials shall be deducted from the special tax bill for the demolition.
3. In no case will the net cost of demolition be increased in order to salvage materials.

Section 19 – Appeal.

A. If the owner, non-owner occupant, lessee, mortgagee, agent or other person having an interest in the building or structure does not attended the 10-day hearing, then no appeal of the order is permissible

B. Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the City Superintendent, his authorized representative or the special hearing officer made under the provisions of this Article. The appeal shall be to the Circuit Court of Bates County as established in Missouri Revised Statutes, Chapter 536.

Section 20 – Recording statement of violation, certificate of existence of dangerous building.

A. Whenever City Superintendent or his duly authorized representative has determined that any building or structure is a dangerous building public nuisance under Section 3, and upon issuance of the notice thereof to all persons having an interest in the property pursuant to Section 3, the City Superintendent shall prepare a “statement of violation of Section 3” and cause the same to be filed and recorded in the office of the Bates County Recorder of Deeds in Butler, Missouri.

B. After a hearing is held and it is determined by the City Superintendent, his authorized representative or a special hearing officer that the building or structure is a dangerous building public nuisance, the City Superintendent shall prepare a “certificate of existence of dangerous building” and cause the same to be filed and recorded in the office of the Bates County Recorder of Deeds in Butler, Missouri.

C. The statement and certificate shall set forth:

1. the address and legal description of the property upon which the dangerous building is located;
2. that such building is dangerous within the provisions of Section 3; and
3. that the owner thereof has been given proper notice and ordered to comply with the requirements of Section 4.

D. The recording of the statement of violation and the certificate of existence of dangerous building shall place persons purchasing such property subsequent to the date of the recording on notice that the described property has been declared a dangerous building ordered repaired, cleaned up and maintained or demolished. The act of subsequent purchase shall not delay the processing or cause a delay in such matter and shall not be an exception to the time requirements of the notices provided herein.

E. Upon application and after verification that the owner has complied with Section 18 by vacating, repairing, cleaning up and maintaining or demolishing the dangerous building or structure, or that the owner has complied with the order of the City Superintendent to vacate, repair, clean up or demolish a dangerous building, the City Superintendent shall issue to the owner of the property a “release of statement of violation of Section 3” or a “release of certificate of existence of a dangerous building,” which shall be in such form that it may be filed with and recorded by the office of the Recorder of Deeds in Butler, Bates County, Missouri, stating that the dangerous condition has been abated.

F. The statement, certification and release shall be signed by the City Superintendent.

Section 21 – Payment of costs.

A. Unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City, and the contractor files a mechanic’s lien against the property where the dangerous building is located, whenever the City shall have the work done as provided by Section 18, the City Superintendent shall certify the costs of the work to the City Clerk who shall cause a special tax bill to be prepared for the costs associated with the processing of the order to include attorney’s fees and other professional fees, if any; fees for written reports by certified asbestos technicians, building engineers or other professionals; costs of publication; court reporter and written court report; and certified mail that is assessed against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the City Clerk. The tax bill shall be collected by the city collector or other official collecting taxes.

B. Tax bills issued under this Article shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Attorney on behalf of the City. Judgment in any such suit shall be special and against the property owner and against the property and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale or by any other means available under law or equity.

Section 22 – Insurance proceeds from damage or loss.

A. If there are proceeds of any insurance policy based upon a payment made for damage or loss to a building or other structure caused by or arising out of any casualty loss, and if the payment is in excess of 50 percent of the face value of the policy covering a building or other structure, then the following procedure shall apply:

1. The insurer shall withhold from the payment up to 25 percent of the covered claim payment, and shall pay that amount to the City to deposit into an interest bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the monies held by the City shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsement thereto, provide.
2. The City shall release the proceeds and any interest which has accrued on the proceeds received to the insured or as the terms of the policy and endorsements thereto provide within 30 days after receipt of the insurance monies, unless, proceedings have been instituted under Sections 16, 17, and 18.  If so, then all monies in excess of that necessary to comply with the provisions for the removal of the building or structure, less salvage value, shall be paid to the insured.
3. The City may certify that, in lieu of payment of all or part of the claim payment under this Section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within 30 days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this section.

B. No provision of this section shall be construed to make the City a party to any insurance contract.

Section 23 – Violations and penalties.

(a)        Maintaining a dangerous building; failure to comply with orders to demolish, repair, etc. It shall be unlawful for any person, firm, corporation, partnership, association or other organization to own and maintain a dangerous building as defined in section 3; to fail to comply with a final order of the hearing officer as set forth in section 17; or to erect, construct, enlarge, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any dangerous building or structure, partial or whole, or cause the same to be done, contrary to or in violation of any of the provisions of this article, or rules or regulations promulgated thereunder.

(b)        Violation of article. Any person, firm, corporation, partnership, association or other organization violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted shall be a separate offense.

(c)  Fines and penalties for offenses.

1. Fine and imprisonment.Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $250.00, but no more than $500.00, or by imprisonment of not more than 30 days, or by both such fine and imprisonment for each violation. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c)(2) of this section.
2. Minimum fine.Whenever the penalty is to be a fine or a fine and imprisonment, the fine     shall be no less than the minimum amount set out in the following schedule.

First conviction (per day)	$250.00
Second conviction at same location (per day)	$300.00
Third conviction at same location (per day)	$350.00
Fourth conviction at same location (per day)	$400.00
Fifth conviction at same location (per day)	$500.00

 

3. Reoccurring offenses.In determining the applicable minimum fine, an offense shall be considered a reoccurring offense only if the defendant has previously been found guilty of violating the Code at the same location.

4. Suspension of sentence.Suspension of imposition or execution of sentence shall not be permitted except for a person with no prior offenses.

(d)       Payment; sentence. Payment of fines or completion of a sentence shall not cure violations of final orders that continued unabated.

Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.

This ordinance shall be in force and affect from and after its passage and approval as provided by law.^[i]

1^ST READING 10^TH DAY OF JANUARY 2017

2^ND READING 10^TH DAY OF JANUARY 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 10TH DAY   OF JANUARY 2017.

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None