AN ORDINANCE ESTABLISHING THE MUNICIPAL COURT AS A DIVISION OF THE 27^TH JUDICIAL CIRCUIT OF THE STATE OF MISSOURI; CREATING THE OFFICE OF MUNICIPAL JUDGE; DEFINING THE POWERS AND DUTIES OF SUCH OFFICE; PROVIDING FOR A CLERK OF THE MUNICIPAL COURT; AND PROVIDING FOR THE PAYMENT OF COURT COSTS AND FINES

WHEREAS, the voters of the State ofMissouridid adopt a new judicial article to theMissouriConstitution designed to reform the judicial system of the state; and

WHEREAS, the state legislature has passed a new statute designed to amplify the new judicial article, a portion of which statute (to be known as Chapter 479 of the Revised Statutes of Missouri) relates to municipal courts; and

WHEREAS, the city has the option of continuing its present municipal court as a division of the circuit court of this county or of abolishing its municipal court and allowing the state maintained court system to handle the city’s municipal ordinance violations; and

WHEREAS, the City ofRich Hilldesires to retain its court, reconstituting the same as a division of the Circuit Court of Bates County, Missouri.

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

Article 1

Section 1.  There is hereby established in this city a municipal court, to be known as the “Rich Hill Municipal Court, a Division of the 27^th Judicial Circuit Court of the State ofMissouri”.  This court is a continuation of the police court of the city as previously established, and is termed herein “the municipal court”.

Section 2.  The jurisdiction of the municipal court shall extend to all cases involving alleged violations of the ordinances of the city.

Section 3.  The judge of the City’s Municipal Court shall be the Associate Circuit Judge ofBates County,Missouri.

Section 4.  The Associate Circuit Judge shall hold office as the City’s Municipal Judge until such time as the Board of Aldermen shall enact an ordinance to the contrary.

Section 5.  The municipal judge shall vacate his office under the following circumstances:

1. Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12, or
2. Upon attaining his 75^th birthday.

Section 6.  The municipal judge shall possess the following qualifications:

1. He need not be a licensed attorney qualified to practice law within the State ofMissouri.
2. He must be a resident of the State ofMissouri
3. He must be between the ages of 21 and 75 years.
4. He may serve as a municipal judge for any other municipality.
5. He may not hold any other office within the City Government.
6. The municipal judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.

Section 7.  The municipal court of the city shall be subject to the rules of the circuit court of which it is a part, and to the rules of the State Supreme Court.  The municipal court shall be subject to the general administrative authority of the presiding judge of the circuit court, and the judge and court personnel of said court shall obey his directives.

Section 8.  The municipal judge shall cause to be prepared within the first ten days of every month a report indicating the following:

            A list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the name of the defendants committed and in the cases where there was an application for trial de novo, respectively. 

Section 9.  The municipal judge shall be a conservator of the peace.  He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required.  Such docket and records shall be records of the circuit court ofBatesCounty.  The municipal judge shall deliver the docket and records of the municipal court, and all books and papers pertaining to his office, to his successor in office or to the preceding judge of the circuit.

Article 2

Section 1.  The municipal judge shall be and is hereby authorized to:

1. Establish a Traffic Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and section 479.050 of the Revised States ofMissouri.
2. Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt committed before him while holding court, in the same manner and to the same extent as a circuit judge.
3. Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the municipal judge deems necessary relative to any matter that may be pending in the municipal court.
4. Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the municipal court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.  Any and all rules made or adopted hereunder my be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or state statutes.
5. The municipal judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this state, this code or other ordinances of this city.

Section 2.  Should the municipal judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same.  The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.

Section 3.  All warrants issued by a municipal judge shall be directed to the City Marshal, Chief of Police, or any other police officer of the municipality or to the Sheriff of the County.  The warrant shall be executed by the Marshal, Chief of Police, Police Officer, or Sheriff any place within the limits of the county and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases.

Section 4.  The City Marshal, Chief of Police, or other police officer of the City may, without a warrant, make arrest of any person who commits an offense in his presence, but such officer shall, before the trial file a written complaint with the judge hearing violations of municipal ordinances.

Section 5.  Any person charged with a violation of a municipal ordinance of this city shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an associate circuit judge.  Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the municipal court shall certify the case to the presiding judge of the circuit court for reassignment, as provided in Section 2 of Section 517.520, Revised Statutes of Missouri.

Section 6.  It shall be the duty of an attorney designated by the municipality to prosecute the violations of the city’s ordinances before the municipal judge or before any circuit judge hearing violations of the city’ ordinances. The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the city.  The compensation of such attorney shall not be contingent upon the result in any case.

Section 7.  It shall be the duty of the municipal judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary.  The fees of witnesses shall be the same as those fixed for witnesses in trials before associate circuit judges and shall be taxed as other costs in the case.  When a trial shall be continued by a municipal judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the municipal judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons.

Section 8.  If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cognizable before him as a municipal judge, he shall immediately stop all further proceeding before him as municipal judge and cause the complaint to be made before some associate circuit judge within the county.

Section 9.  If in the opinion of the municipal judge, the city has no suitable and safe place of confinement, the municipal judge may commit the defendant to the county jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a Warrant of Commitment from the judge to receive and safely keep such prisoner until discharged by due process of law.  The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his custody.  The same shall be taxed as cost.

Section 10.  Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said judge.

Section 11.  The defendant shall have a right to a trial de novo, even from a plea of guilty, before a circuit judge or an associate circuit judge.  Such application for a trial de novo shall be filed within ten days after the judgments and shall be in the form as provided by Supreme Court rules.

Section 12.  In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate appellant court.

Section 13.  In the case of a breach of any recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff.  Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of cases caused to be prosecuted by a municipal judge, such shall be on the transcript of the proceedings before the municipal judge.  All monies recovered in such actions shall be paid over to the municipal treasury to the general revenue fund of the municipality.

Section 14.  A municipal judge shall be disqualified to hear any case in which he is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge.  Neither the defendant nor the municipality shall be entitled to file more than one affidavit or disqualification in the same case.

Section 15.  If a municipal judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Twenty – Seventh Judicial Circuit of the Sate of Missouri, to appoint some suitable person to act as Municipal Judge until such absence or disqualification shall cease.

Article 3

The City Clerk or their designated person is hereby designated as the Clerk of the Municipal Court.

The duties of said clerk shall be as follows:

1. To collect such fines for violations of such offenses as may be described, and the court costs thereof.
2. To take oaths and affirmations.
3. To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him or her.
4. Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas ducus tacum.
5. Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violation Bureau cases or as directed by the municipal judge; generally act as Violation Clerk of the Traffic Violation Bureau.
6. Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the municipal judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by statute.
7. Maintain, properly certified by the city clerk, a complete copy of the ordinances of the city of the municipality, which shall constitute prima facia evidence of such ordinance before the court.  Further, to maintain a similar certified copy on file with the clerk serving the circuit court of this county.

Article 4

Section 1.  The City Clerk is directed to file a certified copy of this ordinance with the circuit clerk of this county, the same to serve as official notification of the city’s intention to retain its municipal court.

Section 2.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 3.  The invalidity of any section, clause, sentence, or provision 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 4.  This ordinance shall take effect after its passage and approval.

Section 5.  Any ordinance or parts of ordinances in conflict with this ordinance is hereby repealed.

READ TWO TIMES AND PASSED THIS 22^ND  DAY OF FEBRUARY 2005.

APPROVED THIS 22^ND DAY OF FEBRUARY 2005

______________________________

Tammy Williams, Mayor

ATTEST:

_____________________________

Rose Entrikin, City Clerk

Ayes:  Steuck, Turner, Heckadon, Miller

Nays:  None

 

 

CERTIFICATION BY THE CITY CLERK

 

STATE OFMISSOURI             )

) as

COUNTYOFBATES               )

 

I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance is a true and correct copy of the Ordinance No.  1225 duly adopted by the Board of Alderman of the City of Rich Hill, Missouri at their regular of meeting on the 22^ND day of February 2005.

 

IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.

 

                                                                              

______________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri 

 

 

AN ORDINANCE PROVIDING FOR THE DELETION OF CERTAIN REAL ESTATE ERRONEOUSLY INCLUDED IN A PREVIOUSLY ADOPTED ANNEXATION ORDINANCE.

WHEREAS, by Bill No. 109, Ordinance No. 1128  passed on the 22^nd day of May, 2001 (the “Annexation Ordinance”),  the City of Rich Hill annexed into the City at the request of certain property owners certain real estate that was contiguous to the then present corporate limits of the City; and

WHEREAS, after the adoption of said Annexation Ordinance, it was determined that certain of the parcels described therein were erroneously included in the Annexation Ordinance and neither the property owner requesting annexation, the actual owners of the erroneously included parcels nor the City of Rich Hill intended to include in the Annexation Ordinance the erroneously included real estate; and

WHEREAS, the Board of Alderman of the City of Rich Hill, Missouri has determined that the inclusion of the erroneously described real estate in the Annexation Ordinance was a mutual mistake and corrective action should to be taken by this Ordinance to delete from said Annexation Ordinance the erroneously included real estate.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

1.         That Bill No. 109, Ordinance No. 1128 of the City of Rich Hill, Missouri is hereby corrected, nunc pro tunc,  to exclude there from and from the real estate annexed by that Ordinance into the City Of Rich Hill, Missouri the following described real estate, to-wit:

a.  N 646.5’  of the SW quarter  of the NW quarter  lying W. of New Hwy 71 and E or Old Hwy 71 R/W (exc W 275’ of S 404’ thereof;) of  section 9, township 38N range 31W, Bates County Missouri

b.   That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township 38 North, Range 31 West of the 5^th Principal Meridian in Lot 210 on Town Company’s Fourth Addition to Rich Hill, Bates County, Missouri, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 9, thence on an assumed bearing of North 02 degrees 19 minutes 01 seconds East a distance of 953.20 feet along the West line of said Section 9 to the point of beginning of the land to be described; thence continuing on North 02 degrees 19 minutes 01 seconds East a distance 127.00 feet, thence South 88 degrees 16 minutes 54 seconds East a distance 275.00 feet; thence South 02 degrees 19 minutes 01 seconds West a distance of 127.00 feet; thence North 88 degrees 16 minutes 54 seconds West a distance of 275.00 feet to the point of beginning.  Subject to easement for public road off the West and subject to all other recorded easements of record.

c.  That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township 38 North, Range 31 West of the 5^th Principal Meridian in lot 210 in Town Company’s Fourth Addition to Rich Hill; Bates County, Missouri, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 9, thence on an assumed  bearing of North 02 degrees 19 minutes 01seconds East a distance of 826.20 feet along the West line of said Section 9 to the point of beginning of the land to be described: thence continuing on North 02 degrees 19 minutes 01 seconds East a distance of 127.00 feet; thence South 88 degrees 16 minutes 54 seconds East a distance of 275.00 feet; thence South 02 degrees 19 minutes 01 seconds West a distance of127.00 feet; thence North 88 degrees 16 minutes 54 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the West and subject to all other recorded easements of  record.

d.  That part of the Southwest Quarter of the Northwest Quarter of Section 9,  Township38 North, Range 31 West of the 5^th Principal Meridian in Lot 210 in Town Company’s Fourth Addition to Rich Hill, Bates County, Missouri, described as follows: Commencing at the Southwest Corner of the Northwest Quarter of said Section 9; thence on an assumed bearing of North 02 degrees 19 minutes 01 seconds East a distance of 676.02 feet along the west line of said Section 9 to the point of beginning of the land to be described:  thence continuing on North 02 degrees 19 minutes 01 seconds East a distance of 150.00 feet; thence South 88 degrees 17 minutes 05 seconds East a distance of 275.00 feet; thence South 02 degrees 19 minutes 01 seconds west a distance of 150.00 feet; thence North 88 degrees 17 minutes 05 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the west and subject to all other recorded easements of record.

2.         That the corporate limits of Rich Hill, Missouri are hereby modified, retroactive to and as of May 21, 2001, to exclude the above described real estate from the corporate limits of the City of Rich Hill, Missouri, and henceforth the boundary line of the City of Rich Hill, Missouri shall enclose, except for the real estate described in this ordinance, the real estate described in Bill No. 109, Ordinance 1128.

3.         That the appropriate City officials of the City ofRich Hillare hereby directed to refund to the owners of the property described herein any City real estate taxes which have been held in escrow by the City pending the correction of the legal descriptions contained in Bill No. 109 of Ordinance 1128.

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

 

5.         The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this Ordinance which would then be given effect not withstanding such invalid part or parts.

6.         This ordinance shall be in full force and effect from and after its passage and approval as provided by law.   Three certified copies of this ordinance shall be immediately filed with the Clerk of the County Court of Bates County, Missouri to affect the correction of the legal boundaries of the City ofRich Hillas provided for herein.

READ TWO TIMES AND PASSED THIS 22^ND DAY OF FEBRUARY 2005.

_____________________________

Tammy Williams, Mayor

ATTEST:

_____________________________

Rose Entrikin, City Clerk

Ayes: Steuck, Turner, Heckadon, Miller

Nays: None

 

                                              CERTIFICATION BY THE CITY CLERK

 

STATE OFMISSOURI            )

) as

COUNTYOFBATES              )

 

I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for the correction of Bill No. 109, Ordinance 1128 of the City of Rich Hill, Missouri is a true and correct copy of the Ordinance No.  1223 duly adopted by the Board of Alderman of the City of Rich Hill, Missouri at their regular of meeting on the 22^ND day of February 2005.

 

IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.

 

                                                                              

______________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri 

 

            AN ORDINANCE CALLING A SPECIAL ELECTION ON A REVENUE BOND QUESTION IN RICH HILL, MISSOURI.

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

            Section 1.         The Board of Aldermen finds it necessary and hereby declares its intent to borrow $750,000 for the purpose of extending and improving the combined waterworks and sewerage system of the City including, without limitation, acquiring and constructing a new water tower, water clarifier covers, a new clear well, improvements to the water treatment plant and other waterworks improvements (the “Project”) and to evidence such borrowing by the issuance of combined waterworks and sewerage system revenue bonds (the “Bonds”) of the City in the amount of $750,000.

            Section 2.         A special bond election is hereby ordered to be held in Rich Hill, Missouri, concurrently with the primary election, onTuesday, August 3, 2004, on the following question:

QUESTION

Shall Rich Hill, Missouri, issue its combined waterworks and sewerage system revenue bonds in the amount of $750,000 for the purpose of extending and improving the combined waterworks and sewerage system of the City including, without limitation, acquiring and constructing a new water tower, water clarifier covers,  a new clear well, improvements to the water treatment plant and other waterworks improvements, the cost of operation and maintenance of said combined waterworks and sewerage system and the principal of and interest on said revenue bonds to be payable solely from the revenues derived by the City from the operation of its combined waterworks and sewerage system, including all future improvements and extensions thereto?

            The authorization of the Bonds will authorize the City to fix, establish, maintain and collect rates and charges for the services provided by the City through its combined waterworks and sewerage system, including all extensions and improvements thereto hereafter constructed or acquired by the City, in addition to the other rates and charges for such services provided by law, as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of said combined waterworks and sewerage system and the principal of and interest on the Bonds as they become due and to provide for the establishment of reasonable reserves therefor.

            Section 3.         The form of Notice of Special Election showing said question, a copy of which is attached hereto and made a part hereof, is hereby approved.

            Section 4.         The City Clerk is hereby authorized and directed to notify theCountyClerk ofBates County,Missouri, of the passage of this Ordinance no later than5:00 P.M. onTuesday, May 25, 2004, and to include in said notification all of the terms and provisions required by Chapter 115, RSMo, as amended.

            Section 5.         The City expects to make expenditures on and after the date of passage of this Ordinance in connection with the Project, and the City intends to reimburse itself for such expenditures with the proceeds of the Bonds.  The maximum principal amount of Bonds expected to be issued for the Project is $750,000.

            Section 6.         The City hereby engages the firm of Gilmore & Bell, P.C.,Kansas City,Missouri, as bond counsel with respect to the Bonds.

            Section 7.         This Ordinance shall be in full force and effect from and after its passage and approval.

            PASSED by the Board of Aldermen and APPROVED by the Mayor this 11th day of May, 2004.

(SEAL)                                                                                    _______________________________________

Mayor

ATTEST:

_________________________________

City Clerk

Ayes: Steuck, Turner, Heckadon and Miller

Nays: None

 

BILL NO.185                              ORDINANCE NO. 1200

AN ORDINANCE ESTABLISHING THE RESPONSIBILITY OF PARENTS, GUARDIANS, AND OTHER PERSONS AS HEREIN DEFINED CONCERNING THEIR OBLIGATION TO ENSURE THAT CHILDREN, WARDS, AND MINORS UNDER THEIR CONTROL ATTEND THE SCHOOL IN WHICH THEY HAVE ENROLLED AS A STUDENT, CONTAINING DEFINITIONS AND IMPOSING PENALTIES THEREFORE

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

SECTION ONE.  No parent, guardian, or other person in this city having charge, control, or custody of a child between the ages of seven and sixteen years of age shall, without excuse or exemption, knowingly permit said child to absent himself from attendance at a public, private, parochial, parish, or home school on such dates, and during such hours, as the school may be regularly in session.

SECTION TWO.  Such parent, guardian, or other person shall be deemed to have knowledge of a child’s unexempted, unexcused absence from school after having received notification of same from a  police officer or school representative.

SECTION THREE.  PENALTY CLAUSE.  Any person convicted of a violation of this section shall be guilty of a misdemeanor and shall be  fined in an amount of not less than $25.00.  Each  day that any violation hereunder continues shall constitute a separate offense subject to the penalty provided in this section.

This ordinance shall be in full force from and after its date of approval.

Read two times and passed this 24^th day of February, 2004

_________________________________

Tammy Williams, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Turner, Humble, Greco, Miller

Nays:  None

AN ORDINANCE IMPOSING A TAX FOR THE PURPOSE OF PROVIDING FUNDS FOR OPERATION AND MAINTANCE OF THE POLICE DEPARTMENT, REPAIR AND MAINTENANCE OF FIRE DEPARTMENT EQUIPMENT AND FACILITY, AND MAINTENANCE AND IMPROVEMENT TO CITY PARKS SYSTEM ON ALL SELLERS FOR THE PRIVILEGE OF ENGAGING IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY OR RENDERING TAXABLE SERVICES AT RETAIL AT THE RATE OF ONE PERCENT (1%) ON THE RECEIPTS FROM THE SALES AT RETAIL OF ALL TANGIBLE PERSONAL PROPERTY OR TAXABLE SERVICES ARE SUBJECT TO TAXATION BY THE STATE OF MISSOURI UNDER THE PROVISIONS OF SECTIONS 144.010 TO 144.510 RSMo., PURSUANT TO THE AUTHORITY GRANTED BY AND SUBJECT TO THE PROVISIONS OF SECTION 94.500 TO 94.570 RSMo., AND PROVIDING FOR SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE GENERAL ELECTION CALLED AND TO BE HELD IN SAID CITY ON April 6, 2004.

 

            WHEREAS, under the provisions of Sections 94.500 to 94.570 RSMo., the cities of the state are empowered to impose by ordinance, for general purposes, a tax for operation and maintenance of the police department, repair and maintenance of fire department equipment and facility, and maintenance and improvement to city parks system on all sellers for the privilege on engaging in the business of selling tangible personal property or rendering taxable services at the rate of one-half on one percent, at seven-eighths of one percent, or at one percent on the receipts from the sales at retail on all tangible personal property or taxable services at retail within any city adopting such tax, if such property and services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.510 RSMo., and the City of Rich Hill desires to avail itself of such authorization and within the terms hereof; and

           

WHEREAS, under the provisions of Sections 94.500 to 94.570 RSMo. no ordinance enacted pursuant to the authority granted by the provisions of said Sections shall be effective until it has been submitted to the qualified voters of the city and approved by a majority of the qualified voters voting thereon.

 

            NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

 

            Section 1.  Pursuant to the authority granted by the subject to the provisions of Sections 94.500 to 94.570 RSMo., a tax for major water improvements and for street improvements and repairs purposes is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Section 144.010 to 144.510 RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto.  The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Rich, Missouri, if such property and taxable services are subject to taxation by the State of Missouri, if such property and taxable services are subject to taxation by the State of Missouri, under the provisions of Sections 144.010 to 144.510 RSMo.  The tax shall become effective as provided in subsection 4 of Section 94.510 RSMo., and shall be collected pursuant to the provisions of Sections 94.500 to 94.570 RSMo.,

 

Section 2.  This ordinance shall be submitted to the qualified voters of the City of Rich Hill, Missouri, for their approval, as required by the provisions of Section 94.510 RSMo., at the general election hereby called and to be held in said city on Tuesday, the 6^th day of April, 2004.  The ballot Title will be:

___Yes            Shall there be a city sales tax of one percent in the City Of Rich Hill, Missouri?

___No             Ordinance No. _1198__ of the City of Rich Hill, Missouri, imposes a city sales tax at the rate of 1% of the receipts on the sales at retail of all goods and services subject to sales tax imposed by the State of Missouri for the purpose of providing funds for continued operation and maintenance of a full time police department, fire department and parks system.  One half cent to be used for the continued operation and maintenance of the police department, one fourth cent to be used for repair and replacement of fire department equipment and facility, and one fourth to be used for the maintenance of and improvements to the city park system. 

 

            The voter who desires to vote in favor of said ordinance shall place a cross mark (x) in the square opposite the word “Yes”.  The voter who desires to vote against said ordinance shall place a cross mark (x) in the square opposite the word “No”.

 

            If a majority of the qualified voters voting at said election shall vote in favor of the approval of the approval of this ordinance, then the same shall be binding and full force and effect.

 

            Section 3.  Within ten (10) days after the approval of this ordinance by the qualified voters of the City of Rich Hill, Missouri, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States registered mail or certified mail, a certified copy of this ordinance together with the certifications of the election returns and accompanied by a map of the city clearly showing the boundaries thereof.

 

            Section 4.  The City Clerk is hereby authorized and directed to prepare and cause to be published a notice of said election in substantially the following form, to-wit:

 

NOTICE OF ELECTION

 

            Notice Is Hereby Given That An Election Will Be Held In The City of Rich Hill, Missouri, On

Tuesday, The Sixth Day Of April, 2004

 

            For the purpose of submitting to the qualified electors of the City of Rich Hill, Missouri, the following proposition:

 

PROPOSITION NUMBER 1

SHALL THERE BE A CITY SALES TAX OF ONE PERCENT IN THE CITY OF RICH HILL, MISSOURI?

 

_______YES

_______NO

 

ONLY QUALIFIED VOTERS OF THE CITY OF RICH HILL MISSOURI SHALL BE ALLOWED TO VOTE ON THIS PROPOSITION.

 

THE POLLING PLACES SHALL BE SAME AS THE POLLING PLACES FOR THEREGULARCITYELECTIONS TO BE HELD ONTUESDAY, APRIL 6, 2004

 

Ordinance No. _1198__ of the City of Rich Hill, Missouri, imposes a city sales tax at the rate of 1% of the receipts on the sales at retail of all goods and services subject to sales tax imposed by the State of Missouri for the purpose of providing funds for continued operation and maintenance of a full time police department, fire department and parks system.  One half cent to be used for the continued operation and maintenance of the police department, one fourth cent to be used for repair and replacement of fire department equipment and facility, and one fourth to be used for the maintenance of and improvements to the city park system.        

 

            Section 5.  Taxes provided by this ordinance, assuming that it is approved by the qualified voters of the City of Rich Hill, Missouri, shall become effective on the first day of the second calendar quarter after the Director of Revenue received the notice provided in Section 3 above.

 

            Section 6.  All revenue received by the City of Rich Hill, Missouri, as a result of the tax hereby created shall be placed in escrow for major water improvements and a special fund for the exclusive purpose of purchasing asphalt, oil and rock for street improvements and repairs within the City.

 

            Section 7.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

            Section 8.  Except as provided herein, this ordinance shall be in full force and effect from and after its passage and approval by law.

 

            Read the two times and passed this 23^rd day of December 2003.

 

___________________________

Tammy Williams, Mayor

 

ATTEST:

 

___________________________

Rose Entrikin, City Clerk

 

Ayes: Turner, Humble, Greco

Nays: None

 

Miller was absent

AN ORDINANCE PROVIDING FOR THE HOLDING OF AN ELECTION WITHIN AND FOR THE CITY OF RICH HILL, MISSOURI, ON THE QUESTION OF THE APPOINTMENT OF A COLLECTOR AND SETTING THE TIME AT WHICH SAID ORDINANCE SHALL BECOME EFFECTIVE.

Be it ordained by the Board of Alderman of the City ofRich Hillas follows:

WHEREAS, Section 79.050, Missouri Revised Statutes, provides that the Board of Alderman may provided by ordinance, after approval of a majority of the voters voting at an election at which the issue is submitted, for the appointment of Collector; and

WHEREAS, the Board deems it advisable and in the best interests of the citizens of the City ofRich Hillto appoint a Collector;

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OFRICH HILLAS FOLLOWS:

Section 1  

That an election shall be and the same is hereby called and ordered to be held in the City of Rich Hill, Missouri on the 6^th day of April 2003, for the purpose of submitting to the qualified electors of said city the following proposition:

Proposition No. 1

“Shall the Board of Alderman of the City of Rich Hill, Missouri appoint by city ordinance a person to the position of Collector to serve at the Board’s discretion as provided for in Section 79.050 of the Revised Statutes of Missouri (2003).”

Section 2  

That the Election Authority of theCountyofBates,Missouri(hereinafter, the “Election Authority”) shall conduct the election.  Not later than5:00 p.m.on the eighth Tuesday prior to the election, the City Clerk of the City is hereby directed to notify the Election Authority of the election.  The notice shall be in writing and shall specify that the city is calling the election, the purpose of the election, the date of the election, and it shall include a certified copy of the legal notice to be published and the sample ballot.

Section 3 

That notice of the special election shall be given by the Election Authority by causing legal notice thereof to be published in the manner required by applicable law (Chapter 115.127, Revised Statutes of Missouri, as amended).  The legal notice of the election shall include the purpose, date and time of the election, the name of the officer or agency calling the election, a sample ballot and the location of the polling place or places.

Section 4

That said election will be held at the polling places designated by the Election Authority pursuant to Section 115.115 RSMo in the city.

Section 5

That the special election shall be held and conducted and the results thereof shall canvassed in all respects in conformity with the Constitution and the laws of the State ofMissouri.  The judges of the election shall be selected and appointed by the Election Authority, in accordance with applicable law.  The returns of the election shall be certified to the City by the Bates County Election Authority.  The City Clerk and the Election Authority are hereby authorized to take all action necessary or appropriate such that the election shall be conducted in full compliance with the requirements of applicable law and particularly the Comprehensive Election Act of 1977 (Chapter 115 Revised Statutes of Missouri, as amended).

Section 6

That this ordinance shall be in full force and effect from and after it passage and approval.

Passed this 25^th day of November 2003.

_________________________________

Tammy Williams, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Turner, Humble, Greco, Miller

Nays: None

Notice of Election 

Notice is hereby given that an election will be held in the City of Rich Hill, Missouri, on Tuesday, the 6^th day of April, 2003 for the purpose of submitting to the qualified electors of the City of Rich Hill, Missouri, the following proposition:

Proposition No. 1

“Shall the Board of Alderman of the City of Rich Hill, Missouri appoint by city ordinance a person to the position of Collector to serve at the Board’s discretion as provided for in Section 79.050 of the Revised Statutes of Missouri (2003).” 

YES

 

NO

Bill No 158                                 Ordinance No 1178

AN ORDINANCE REGULATING OFFENSES AFFECTING GOVERNMENT

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

Article 1 Obstructing government operations

A person commits the crime of obstructing government operations if he purposely obstructs, impairs, hinders or perverts the performance of a governmental function by the use or threat of violence, force or other physical interference or obstacle.

Article 2 Failure to give a tax list

A person commits the crime of failure to give a tax list if, when requested by a government assessor, he knowingly fails to give a true list of all his taxable property, or to take and subscribe an oath or affirmation to such list as required by law.

Article 3 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.

This Ordinance shall take effect and be in force from and after its passage and approval.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

Bill No 157                                      Ordinance No 1177

AN ORDINANCE REGULATING OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE

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

Article 1 Concealing an offense.

1. A person commits the crime of concealing an offense if he:
   1. Confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person’s concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or
   2. Accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.

Article 2.  Hindering prosecution.

1. A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he:
   1. Harbors or conceals such person;
   2. Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;
   3. Provides such person with money, transportation, weapon, disguise or other means to aid him in avoiding discovery or apprehension;
   4. Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

Article 3.  False affidavit.

1. A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which the affidavit is made.
2. The provisions of subsections 2 and 3 of RSMo 575.040 shall apply to prosecutions under subsection (a) of this section
3. It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
   1. The falsity of the statement was exposed; or
   2. Any person took substantial action in reliance on the statement.
4. The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.

Article 4.  False declarations.

1. A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he:a.  Submits any written false statement, which he does not believe to be true:

        1.  In an application for any pecuniary benefit or other consideration; or

        2.  On a form bearing notice, authorized by law, that false statement made therein are punishable; or

   b.  Submits or invites reliance on:

          1.  Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

          2.  Any sample, specimen, map, boundary mark, or other object, which             he knows to be false.

2.  The falsity of the statement or the item under subsection (a) of this section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of subsections 2 and 3 of RSMo 575.040 shall apply to prosecutions under subsection (a) of this section.

3.  It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:

     a.  The falsity of the statement or item was exposed; or

     b.  The public servant took substantial action in reliance on the statement or item.

4.  The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.

Article 5.  False reports.

1. A person commits the crime of making a false report if he knowingly:
   1. Gives false information to a law enforcement officer for the purpose of implicating another person in a crime;
   2. Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or
   3. Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.
2. It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.
3. The defendant shall have the burden of injecting the issue of retraction under subsection (b) of this section.

Article 6.  False bomb report.

A person commits the crime of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle.

Article 7.  Tampering with physical evidence.

1. A person commits the crime of tampering with physical evidence if he:
   1. Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or
   2. Makes, presents or uses any record, document or thing knowing it to be false with the purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation

Article 8.  Tampering with a public record.

1. A person commits the crime of tampering with a public record if, with the purpose to impair the verity, legibility or availability of a public record:
   1. He knowingly makes a false entry in or falsely alters any public record; or
   2. Knowing he lacks authority to do so, he destroys, suppresses or conceals any public record.

Article 9.  False impersonation.

1. A person commits the crime of false impersonation if he:
   1. Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts, and
      1. Performs an act in that pretended capacity; or
      2. Causes another to act in reliance upon his pretended official authority;
   2. Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this state with the purpose to induce another to rely upon such representation, and:
      1. Performs an act in that pretended capacity; or
      2. Causes another to act in reliance upon such representation.

Article 10.  Simulating legal process.

1. A person commits the crime of simulating legal process if, with the purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:
   1. A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or
   2. Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.
2. This section shall not apply to a subpoena properly issued by a notary public.

Article 11.  Resisting or interfering with arrest.

1. A person commits the crime of resisting or interfering with arrest if, knowing that a law enforcement officer is making an arrest, for the purpose of preventing the officer from effecting the arrest, he:
   1. Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such officer; or
   2. Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.

2.  This section applies to arrests with or without warrants and to arrests for any crime or ordinance violation.

3.  It is no defense to a prosecution under subsection (a) of this section that the law enforcement officer was acting unlawfully in making the arrest.  However, nothing in this section shall be construed to bar civil suits for unlawful arrest.

Article 12.  Interference with legal process.

1. A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person.
2. “Process” includes any writ, summons, subpoena, and warrant other than an arrest warrant, or other process or order of a court.

Article 13.  Refusing to make an employee available for service of process.

Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.

Article 14.  Refusal to identify as a witness.

1. A person commits the crime of refusal to identify as a witness if, knowing he has witnessed any portion of a crime, or of any other incident resulting in physical injury or substantial property damage, upon demand by a law enforcement officer engaged in the performance of his official duties, he refuses to report or gives a false report of his name and present address to such officer.

Article 15.  Failure to return to confinement.

1. A person commits the crime of failure to return to confinement if, while serving a sentence for any crime under a work-release program, or while under sentence of any crime to serve a term of confinement which is not continuous, or while serving any other type of sentence for any crime wherein he is temporarily permitted to go at large without guard, he purposely fails to return to confinement when he is required to do so.
2. This section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, nor to persons who are on probation or parole, temporary or otherwise.

Article 16.  Aiding escape of a prisoner.

1. A person commits the crime of aiding the escape of a prisoner if he:
   1. Introduces into any place of confinement any deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other crime; or
   2. Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner’s escape from custody or confinement.

Article 17.  Disturbing a judicial proceeding.

A person commits the crime of disturbing a judicial proceeding if, with the purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding, or the character of a judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding.

Article 18 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.

This Ordinance shall take effect and be in force from and after its passage and approval.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

 

 

Bill No 155                                   Ordinance No 1175

AN ORDINACE REGULATING OFFENSES AGAINST PUBLIC MORALS

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

Article 1.  Inhalation of solvents.

1. No person shall intentionally smell or inhale the fumes of any solvent, particularly, toluol, or induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual or mental processes; except that this subsection shall not apply to the inhalation of any anesthesia for medical or dental purposes.
2. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
3. No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by subsection (a) or (b)
4. No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of this section

Article 2.  Prostitution

            A person commits the crime of prostitution if he performs an act of prostitution.

Article 3.  Patronizing prostitution.

A person commits the crime of patronizing prostitution if he patronizes prostitution.

Article 4.  Bigamy.

1. A married person commits the crime of bigamy if he:
   1. Purports to contract another marriage; or
   2. Cohabits in this city after a bigamous marriage in another jurisdiction other than this state.
2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he reasonably believes that he is legally eligible to remarry.
3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.
4. An unmarried person commits the crime of bigamy if he:
   1. Purports to contract marriage knowing that the other person is married; or
   2. Cohabits in this state after a bigamous marriage in a jurisdiction other than this state.

Article 5.  Criminal nonsupport.

1. A husband commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his wife; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which such parent is legally obligated to provide for his minor child or his stepchild.
2. For purposes of this section:
   1. Support means food, clothing, lodging, and medical or surgical attention.
   2. Child means any natural or adoptive, legitimate or illegitimate child.
   3. Good cause includes any substantial reason why the defendant is unable to provide adequate support.  Good cause does not exist if the defendant purposely maintains his inability to support.
   4. It shall not constitute a failure to provide medical and surgical attention, if nonmedical remedial treatment recognized and permitted under the laws of this state is provided.

c.  The defendant shall have the burden of injecting the issues raised by subsection (b)(3) and (4).

Article 6.  Endangering the welfare of a child.

1. A person commits the crime of endangering the welfare of a child if:
   1. He with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old;
   2. He knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031; or
   3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031
2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.

Article 7.  Unlawful transaction with a child.

1. A person commits the crime of unlawful transactions with a child if:
   1. Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child’s custodial parent or guardian has consented in writing to the transaction;
   2. He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in RSMo ch. 195, is maintained or conducted; or
   3. He with criminal negligence sells blasting caps, bulk gunpowder or explosives to a child under the age of seventeen (17), or fireworks as defined inn RSMo 320.110, to a child under the age of fourteen (14) unless the child’s custodial parent or guardian has consented in writing to the transaction.  Criminal negligence as to the age of the child is not an element of this crime.

Article 8.  Promoting obscenity in the second degree.

1. A person commits the crime of promoting pornography for minors or obscenity in the second degree if, knowing its content or character, he
   1. Promotes or possesses with the purpose to promote any obscene material for pecuniary gain;
   2. Produces, presents, directs or participates in any obscene performance for pecuniary gain;
   3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or
   4. Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain.

Article 9.  Possession of child pornography.

1. A person commits the crime of possession of child pornography if he knowingly:
   1. Possesses or controls any obscene material that has a minor as one of its participants or portrays as an observer of sexual conduct, sexual contact or a sexual performance a minor; or
   2. Possesses or controls any material that shows a minor participating or engaging in sexual conduct.

Article 10.  Furnishing pornographic materials to minors.

1. A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he:
   1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
   2. Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance.

Article 11.  Public display of explicit sexual material.

1. A person commits the crime of public display of explicit sexual material if he knowingly:
   1. Displays publicly explicit sexual material; or
   2. Fails to take prompt action to remove such a display from property in his possession after learning of its existence.

Article 12 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.

This Ordinance shall take effect and be in force from and after its passage and approval.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

BILL 154                                             ORDINANCE NO. 1174

AN ORDINANCE REGULATING THE OFFENSES AGAINST PUBLIC SAFETY

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

Section 1. Discharge of guns, explosive.

(a)   No person shall fire or discharge any gun, pistol or firearm of any description in the city limits of the City of Rich Hill, Missouri, except with the written permission of the Mayor or Board of Aldermen.

(b)   No person shall fire or discharge any B-B gun, pellet gun or air rifle of any description in the city limits of the City of Rich Hill, Missouri, except on their own property, and shall not then fire or discharge such gun in any manner that would cause damage to any person or property.

(c)   No person shall explode or set off any thing containing powder, or other combustible or explosive material without permission from the Board of Aldermen in writing, which permission shall limit the time of such firing and shall be subject to be revoked by the Board of Aldermen at any time after it has been granted.

Section 2.  Possession, manufacture, transporting, repairing, selling of certain weapons

A person commits a crime if he knowingly possessed, manufactures, transports, repairs, or sells:

1. Switchblade Knife
2. A bullet or projectile, which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm.
3. Knuckles

A person does not commit a crime under this section if his conduct:

1. Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency or a penal institution;
2. Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subsection (1) of this section;
3. Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
4. Was incident to displaying the weapon in a public museum or exhibition; or
5. Was incident to dealing with the weapon solely as a curio, ornament or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance.

Section 3 Defacing firearm

A person commits the crime of defacing a firearm if he knowingly defaces any firearm.

Section 4 Possession of defaced firearm

A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm, which is defaced.

Section 5 Unlawful transfer of weapons

A person commits the crime of unlawful transfer of weapons if he:

(1)    Knowingly sells, leases, loans, gives away or delivers a black jack to a person less than eighteen (18) years old without the consent of the child’ custodial parent or guardian, or recklessly, as defined in RSMo 562.016, sells, leases, loans gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

(2)    Recklessly, as defined in RSMo 562.016, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

Section 6 Penalties

Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding three months, or by both such fine and imprisonment.

If any minor child shall violate any of the provisions of this ordinance, the parent of such child shall be liable for the damage caused by such violation.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.

This ordinance shall take effect and be in force from and after its passage and approval.

Read two times and passed this 11^th day of February 2003.

Approved this 11^th day of February 2003

___________________________________

Robert Cope, Mayor

ATTEST:

___________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None