Bill No. 152                                Ordinance No 1172

AN ORDINANCE REGULATING AGAINST SEXUAL OFFENSES

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

Article 1.  Sexual misconduct.

            a.  A person commits the crime of sexual misconduct if:

1. Being less than seventeen (17) years old, he has sexual intercourse with another person to whom he is not married who is fourteen (14) or fifteen (15) years old

2. He engages in deviate sexual intercourse with another person to whom he is not married and who is under the age of seventeen (17) years;

3. He has deviate sexual intercourse with another person of the same sex.

Article 2.  Sexual abuse in the third degree.

A person commits the crime of sexual abuse in the third degree if he subjects another person to whom he is not married to sexual contact without that person’s consent

Article 3.  Indecent exposure.

A person commits the crime of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.

Article 4. 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All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.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. 151                     Ordinance No 1171

AN ORDINANCE REGULATING OFFENSES AGAINST THE PERSON

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

Article 1.  Assault in the third degree.

a.  A person commits the crime of assault in the third degree if:

1. He attempts to cause or recklessly causes physical injury to another person
2. With criminal negligence he causes physical injury to another person by means of a deadly weapon
3. He purposely places another person in apprehension of immediate physical injury
4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person
5. He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative

Article 2.  Assault of a law enforcement officer in the third degree.

a.  A person commits the crime of assault of a law enforcement officer in the third degree if:

1. He attempts to cause or recklessly causes physical injury to a law enforcement officer
2. With criminal negligence he causes physical injury to a law enforcement officer by means of a deadly weapon
3. He purposely places a law enforcement officer in apprehension of immediate physical injury
4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to a law enforcement officer
5. He knowingly causes or attempts to cause physical contact with a law enforcement officer without the consent of the law enforcement officer

Article 3.  Harassment.

a.  A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he:

1. Communicates in writing or by telephone a threat to commit any felony
2. Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility
3. Makes a telephone call anonymously
4. Makes repeated telephone calls

Article 4.  Interference with custody.

A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices from lawful custody any person entrusted by order of a court to the custody of another person or institution.

Article 5.  Crime of invasion of privacy, second degree, penalties.

a.  A person commits the crime of invasion of privacy in the second degree if:

1. Such person knowingly views, photographs or films another person, without that person’s knowledge and consent, while the person being viewed, photographed or filmed is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or
2. Such person knowingly uses a concealed camcorder or photographic camera of any type to secretly videotape, photograph, or record by electronic means another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person’s consent.

b.  Invasion of privacy in the second degree pursuant to subdivision (1) of subsection 1 of this section is a class A misdemeanor; unless more than one person is viewed, photographed or filmed in full or partial nudity in violation of sections 565.250 to 565.257 during the same course of conduct, in which case invasion of privacy is a class D felony; and unless committed by a person who has previously pled guilty to or been found guilty of invasion of privacy, in which case invasion of privacy is a class D felony.  Invasion of privacy in the second degree pursuant to subdivision (2) of subsection 1 of this section is a class A misdemeanor; unless more than one person is secretly videotaped, photographed of recorded in violation of sections 565.250 to 565.257 during the same course of conduct, in which case invasion of privacy is a class D felony; and unless committed by a person who has previously pled guilty to or been found guilty of invasion of privacy, in which case invasion of privacy is a class C felony.  Prior pleas or finding of guilt shall be pled and proven in the same manner required by the provisions of section 558.021, RSMo.

Article 6 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor or as listed per Article 5 subsection (b) 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 150                                     ORDINANCE NO 1170 

AN ORDINANCE CONCERNING LIVE ENTERTAINMENT IN THE CITY OF RICH HILL, MISSOURI

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

            Section 1.  That there is hereby levied a license fee of $10.00 per night for all live 

music, shows or entertainment conducted by cabarets, nightclubs, and taverns within the corporate limits of the City of Rich Hill, Missouri.

Section 2.  Such license shall be issued for a three month period and all license tax shall be payable in advance.  In the event any such license is canceled no portion of such license tax shall be refunded.

Section 3.  Any person, firm, company or corporation who shall conduct a cabaret show, cabaret dance or cabaret entertainment as defined in Section One hereof, whether as owner, agent or manager without first obtaining a license as provided in Section One hereof, whether as owner, agent or manager without first obtaining a license as provided in Section One hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Twenty-five Dollars $(25.00) and not more than Five Hundred Dollars ($500.00) for each separate offense.

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

 

BILLNO. 145                                ORDINANCE NO. 1165

AN ORDINANCE PROHIBITING THE LITTERING OF STREETS, SIDEWALKS, AND PUBLIC PLACES IN THE CITY OF RICH HILL,MISSOURI

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

            SECTION 1:  No person shall throw or place or cause to be thrown or placed on any street, sidewalk, or other public property in the City ofRich Hill, any paper, trash, nails, metal, glass, or other substances.

            SECTION 2:  Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars or by imprisonment not exceeding three months or by both such fine and imprisonment.

            SECTION 3:  All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

            SECTION 4:  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. 144                                                  ORDINANCE NO 1164

AN ORDINANCE ESTABLISHING A CITY SEAL FOR THE CITY OF RICH HILL, MISSOURI; AND THE KEEPER OF SUCH SEAL.

Be it ordained by the Board of Aldermen of the City of Rich Hill, Missouri that:

Section 1- There shall be a common seal for the City ofRich Hilland the City Clerk shall be the keeper thereof.

Section 2- The seal of the City ofRich Hillshall be circular in shape and of ordinary size, and shall represent by its impression the words “Corporate Seal”, surrounded by a scroll, and these words surrounded by the words “City ofRich Hill,Bates County,Missouri”, surrounded on the outer edge of the seal with a scroll.

This ordinance will take effect after its approval and passage.

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. 143                                        Ordinance No 1163

AN ORDINANCE DESIGNATING A NORTH AND SOUTH WARD OF THE CITY OF RICH HILL, MISSOURI; AND NUMBERS OF ALDERMAN EACH WARD SHALL HAVE, TERM OF OFFICE AND QUALIFICATIONS FOR ALDERMEN.

Be it ordained by the Board of Aldermen of the City of Rich Hill, Missouri that:

Section 1:  Division of Wards

The City of Rich Hill shall be divided into two wards, to be known and designated as the North and the other as the South Ward.

Section 2: Area of each ward

The southward shall include all that portion of the City laying south of Park Avenue, and the northward all that portion of the City lying North of Park Avenue. Each ward shall be entitled to two members of the Board of Alderman.

Section 3:  Number of Aldermen for each ward.

Each ward shall be entitled to two members of the Board of Alderman. Each member of the Board of Alderman shall at the time of his election, and during his term of office, be a resident of the ward for which he is elected.

Section 4: Election of Aldermen

Each Alderman will be elected for a period of two years.

Section 5:  Qualifications for Aldermen

1. Must be 21 years of age
2. Citizens of the United States
3. Inhabitant and residents of the City for one year next preceding his or her election and a resident at the time he or she files and during the time he or she serves and a resident of the ward he or she is elected

This ordinance shall be in force from and after its passage and approval, as provided by law.

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. 111                                      Ordinance No. 1130

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN UNINCORPORATED AREA OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF RICH HILL, BATES COUNTY, MISSOURI.

     WHEREAS, Frances M. Situ, is the owner of all the fee interest of record of certain tracts of real property located within an unincorporated area contiguous to the existing corporate limits of the City of Rich Hill, Missouri, and the City desires annexation of such property to the City; and

     WHEREAS, a public hearing concerning the annexation was held on the 26^th day of June 2001 at 6:30 P.M. at the City Hall in Rich Hill, Missouri, and Notice of such hearing was published in the Rich Hill Mining Review, a weekly newspaper of general circulation on the 7^th day of June 2001; and

     WHEREAS, on the 26^th day of June 2001 the Board of Alderman of the City of Rich Hill, Missouri, did determine that the annexation of the tracts of real property described in such notice is reasonable and necessary to the proper development of the City of Rich Hill, Missouri, and that the City has the ability to furnish normal municipal services to such area within a reasonable time; and

     WHEREAS, all things required by Section 71.012 RSMo. 1978, as amended have been done.

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

1. The following described real property is hereby annexed to and made a part of the City of Rich Hill, Missouri, to-wit:

TRACT 1:

A tract of land described as beginning at the Southwest corner of Section 4, Township 38, Range 31; thence East along said Section line, a distance of 212 feet; thence North a distance of 150 feet; thence West a distance of 212 feet; thence South a distance of 150 feet to the point of beginning, Excepting there from Old Highway No. 71 off the West side of thereof, all in Bates County, Missouri.

2.  The corporate limits of the City are hereby extended to include the above-described real property and henceforth the boundary line of the City of Rich Hill, Missouri, shall enclose the above-described real property.

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

4.  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 such invalid part or parts.

5.  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 Bates County, Missouri, whereupon this annexation shall be complete and final:

READ TWO TIMES ANDPASSED THIS 10th DAY OF July 2001.

________________________________

Robert F. Cope, Mayor

ATTEST:

_______________________________

Rose Entrikin, City Clerk

Ayes: Miller, Wills, Humble, Lees           

Nays: None

CERTIFICATION BY THE CITY CLERK 

STATE OF MISSOURI )

                                       ) as

COUNTY OF BATES  )

 

     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 Annexation of a certain unincorporated area of real property, contiguous to the present corporate limits of the City of Rich Hill, Missouri, is a true and correct copy of the Ordinance No. 1130 duly adopted by the Council of the City of Rich Hill, Missouri, at their regular meeting on the 10^th day of July 2001.

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 of the City of Rich Hill, Missouri

(seal)

Bill No. 110                                       Ordinance    1129             

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI REGULATING THE HOLDING OF GARAGE SALES AND THE DISPLAY OF GOODS AT RESIDENCES IN THE CITY LIMITS OF RICH HILL.                                                 

**********************************************************************

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

Section 1:                   Definitions

1. Garage Sales-All general sales, open to the public, conducted from or on a residential premise for the purpose of disposing of personal property including but not limited to all sales entitled “garage”, “lawn”, “yard”, “attic”, ‘porch”, “room”, “backyard”, “patio”, “flee market”, or “rummage sale”.
2. Personal Property-Includes any goods, warehouse merchandise or other property which is owned, utilized or maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence and capable of being the object of sale regulated hereunder.  This shall not include any items specifically purchased for resale or obtained for consignment, farm produce or food items.
3. Person-Includes individuals, partnerships, voluntary associations, corporations or organization of any kind.

Section 2:                   Maximum Sales

 No more than twelve (12) days of garage sales may be held at any one residence during any calendar year.

Section 3:                   Hours of operation

Each garage sale shall be limited to the daylight hours.  No garage sale shall be conducted more than four (4)consecutive calendar days.

Section 4:                   Permit Required

1. No garage sale shall be conducted unless and until the person desiring to conduct such sale shall obtain a permit from City Hall. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them.
2. An applicant for a permit to engage in the operation of a garage sale shall deposit with City Hall a fee of three dollars ($3.00) for the cost of issuance of the permit.  One permit shall be issued for each garage sale held on four (4) or less consecutive days.
3. The permit shall set forth and restrict the date, time and location of such garage sale, the name and address of the applicant and the dates of any other garage sale conducted at the location within the current calendar year.
4. Any permit in possession of the holder of a garage sale shall be posted on the premises during the time the sale is conducted in a conspicuous place visible to the public.

Section 5.                    Evidence ofSale

The display of more than three (3) items for sale upon any residential premises or the advertising of such sale upon the premises or in other locations within the city shall create a presumption that such person is conducting a garage sale.

Section 6:                   Persons and sales exempted

The provision of this ordinance shall not apply to or affect the following persons or sales:

1. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
2. Person acting in accordance with their powers and duties as public officials.
3. Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed three (3) in number.

Section 7:                   Advertising and cleanup

1. The person responsible for conducting such garage sale shall be responsible for removing any advertising the first day following the conclusion of the garage sale.
2. All persons who conduct garage sales within the city limits of Rich Hill shall, within twenty-four (24) hours after the conclusion of the garage sale and the time allotted by the permit, clean up all debris, remove all tables and other accessories, and remove any advertising used in connection with said garage sale.
3. Any sign displayed on any public street or right-of-way must be removed within twenty-four (24) hours after the conclusion or pay a $500.00 fine.

Section 8:                   Penalty of violations

            Any person conducting any such sale without being properly licensed therefore or who shall violate any of the other terms and regulations of this article, shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).  Each day such sale shall continue without being duly licensed shall be considered a separate violation.

Section 10:                 Repealer

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

This ordinance was read two times and passed this 10^th day of July 2001.

_____________________________

Robert Cope, Mayor

ATTEST:

______________________________

Rose Entrikin, City Clerk

Ayes: Miller Wills, Humble, Lees

Nays: None

Bill No. 109                                      Ordinance No. 1128

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN UNINCORPORATED AREA OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITYOF RICH HILL, BATES COUNTY, MISSOURI.

     WHEREAS, Stephen R Haile, Sharon K Haile, Security Bank, James J. King and Debra C. King, are the owners of all the fee interest of record of certain tracts of real property located within an unincorporated area contiguous to the existing corporate limits of the City of Rich Hill, Missouri, and the City desires annexation of such property to the City; and

     WHEREAS, a public hearing concerning the annexation was held on the 8^th day of May 2001 at 6:30 P.M. at the City Hall in Rich Hill, Missouri, and Notice of such hearing was published in the Rich Hill Mining Review, a weekly newspaper of general circulation on the 26^th day of April 2001; and

     WHEREAS, on the 8^th day of May 2001 the Board of Alderman of the City of Rich Hill, Missouri, did determine that the annexation of the tracts of real property described in such notice is reasonable and necessary to the proper development of the City of Rich Hill, Missouri, and that the City has the ability to furnish normal municipal services to such area within a reasonable time; and

     WHEREAS, all things required by Section 71.012 RSMo. 1978, as amended have been done.

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

1. The following described real property is hereby annexed to and made a part of the City of Rich Hill, Missouri, to-with

TRACT 1:

           All of blocks 146,147, & W 150’ of block 148 Town Company’s 4^th Addition to

           town, now City, of Rich Hill, Bates County, Missouri.

           TRACT 2:

            All of Block 148 except the East 70 feet thereof, and further excepting the West 150 feet of Block 148, all in Town Company’s 4^th Addition to the Town, now City, of Rich Hill, Bates County, Missouri.

            TRACT 3:

 All that parts of Lots 209, 210, 211, 212, 216, 217, and the North Half, lying East of Old Highway 71 and lying West of new U.S. Highway 71 as platted in Book 447, page 310; including that part of vacated property formerly belonging to St. Louis and San Francisco RR Co., EXCEPT the North 242 feet of the above described tract; all in Town Company’s 4^th Addition to Rich Hill, Bates County, Missouri.

 

2.  The corporate limits of the City are hereby extended to include the above described real property and henceforth the boundary line of the City of Rich Hill, Missouri, shall enclose the above described real property.

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

4.  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 such invalid part or parts.

5.  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 Bates County, Missouri, whereupon this annexation shall be complete and final

 

READ TWO TIMES ANDPASSED THIS 22^ndDAY OFMAY 2001.

________________________________

Robert F. Cope, Mayor

ATTEST:

_______________________________

Rose Entrikin, City Clerk

Ayes: Miller, Wills, Humble, Lees

Nays: None

CERTIFICATION BY THE CITY CLERK 

STATE OF MISSOURI )

                                       ) as

COUNTY OF BATES  )

 

     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 Annexation of a certain unincorporated area of real property, contiguous to the present corporate limits of the City of Rich Hill, Missouri, is a true and correct copy of the Ordinance No. 1128 duly adopted by the Council of the City of Rich Hill, Missouri, at their regular meeting on the 22^nd day of May 2001.

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 of the City of Rich Hill, Missouri

(seal)

Bill No.96                                         Ordinance 1115

AN ORDINANCE PROVIDING “FAIR HOUSING” FOR THE CITY OF RICH HILL, MISSOURI. DEFINES DISCRIMINATORY HOUSING PRACTICES, AND CREATES A FAIR HOUSING COMMITTEE.

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

Section 1.  Declaration of Policy

The City Council of the City of Rich Hill herby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, or obtain real property without regard to race, color, religion, sex, handicap, familial status, or nation origin. This ordinance shall be deemed an exercise of the police powers of the City of Rich Hill for the protection of the public welfare, prosperity, health, and peace of the people of the Rich Hill, Missouri.

Section 2.  Definitions

For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein unless the context otherwise indicates.

1. Person shall include any individual, firm, partnership, or corporation.
2. Aggrieved Person shall include any person who is attempting to provide housing for himself and/or his family in the City of Rich Hill, Missouri.
3. Discriminate shall mean distinctions in treatment because of race, color, religion, sex, handicap, familial status, or national origin of any person.

Section 3. Discriminatory Practices

It shall be a discriminatory practice and a violation of the ordinance for any person to:

A.  Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin of any person.

B.  Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin.

C.  Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or nation origin, or an intention to make any such preference, limitation, or discrimination.

D.  Represent to any person because of race, color, religion,sex, handicap, familial status, or national origin, that any dwelling is not available for inspections, sale, or rental when such dwelling is in fact so available.

E.  For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood or a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

F.  Discrimination in the sale of rental of housing on the basis of a handicap of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or rent.  The design and construction of new multi-family dwellings containing four (4) or more units is required to meet certain adaptability and accessibility requirements in accordance with section 804 of the 1988 Fair Housing Amendments Act.

G.  Discrimination in the sale or rental of housing on the basis of familial status of because a family has children, exempting certain types of buildings that house older persons (e.g. Section 202 housing) in accordance with Section 807 of the 1988 Fair Housing Amendments Act.

Section 4. – Discrimination in the Financing of a House

It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against any person in the fixing of the amount or conditions of such loan, because of the race, color, religion, sex, handicap, familial status, or national origin of such a person, or of any person therein associated in connection with such financing.

Section 5. -Administration  

1. There is hereby created a Fair Housing Committee whose membership shall consist of five members, who shall be appointed by the Mayor.
2.  Every complaint of a violation of this ordinance shall be referred to a Fair Housing Committee. The Fair Housing Committee shall forth with notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the Fair Housing Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the Fair Housing committee finds that there is merit in the complaint, in their opinion, then and in that event, the Fair housing Committee will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
3. If the Fair Housing committee is unable to eliminate the alleged discriminatory practice by conference and conciliation, then and in that event, the Fair Housing committee shall forward said complaint to the City Attorney for handling. The final determination of whether to prosecute in Municipal Court on said complaint shall be left to the city Attorney.
4. Nothing in this ordinance shall be construed in such manner as to limit administrative enforcement mechanisms an recourse against alleged discriminatory housing practices through the U.S. Department of Housing and Urban Development, as specified under Section 810 of the Fair Housing Act as amended effective March 12, 1989, or through the Missouri Commission on Human Rights, as specified in applicable state statutes.

Section 6. – Enforcement

1. Any person convicted in Municipal Court of a violation of this ordinance shall be punished by a fine of (not more than) $500.00, or by confinement in the City jail for (not more than) 5 days, or both such fine and imprisonment.
2. The City Attorney, instead of filing a complaint in Municipal Court of said City, may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.

Section 7. – Severability

If any section, subsection, paragraph, sentence, clause, or phrase of these standards shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall continue in full force and effect. To this end, the provisions of this ordinance are hereby declared to be severable.

Section 8. – Savings Clause

This ordinance shall not affect violation of any other ordinance, code, or regulation of the City of Rich Hill existing prior to the effective date hereof. Any such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes, or regulations in effect at the time the violation was committed.

Read two times and passed by the City Council of the City of Rich Hill, Missouri, on the 12^th day of September 2000.

_________________________________

Alvin Briscoe, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Wills, Stephens, Humble

Nays: None

Rich was absent.