1046 – Noise

                        ORDINANCE NO. 1046

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI REGULATING UNNECESSARY NOISE WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI

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

                            SECTION I

It shall be unlawful for any person to operate a radio, phonograph, loudspeaker, sound amplifier or other device at any time with volume louder than necessary for convenient hearing of persons in the room, vehicle, chamber, or outside of any enclosed structure where used.  Audibility at a distance of more than one hundred (100) feet from such device  is prima facie evidence of a violation of this section.

                            SECTION II

A permit from the chief of police must be obtained for an outdoor event where the volume must exceed that established in Section I.  The chief shall issue the permit if the peace would not be unduly disturbed thereby.

                           SECTION III

Upon conviction, any violation of this ordinance shall be punishable of a fine not to exceed $500.00  and/or imprisonment not to exceed 90 days.

READ TWO TIMES and passed this  11   day of  JULY       , 1995.

________________________________________

Don Cole

Mayor

ATTEST:

________________________________________

Carol Culver

Assistant City Clerk

Aye’s:4

Nay’s:0

1041 – Seat Belts

                        ORDINANCE NO. 1041

AN ORDINANCE REQUIRING THE USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEMS IN MOTOR VEHICLES WITHIN THE CITY LIMITS OF THE CITY OF RICH HILL, MISSOURI

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     BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH

HILL, MISSOURI, AS FOLLOWS:

Section 1.  Except as otherwise provided herein, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this city shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements, except that a child less than four years of age shall be protected as required in Section 5 below.

 

Section 2:  Each driver of a motor vehicle transporting a child four years of age or more, but less that sixteen years of age, in the front seat of a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.

 

Section 3:  With respect to Sections 1 and 2 above;

 

(a)  No person shall be stopped, inspected or detained

solely to determine compliance with Sections 1 and 2 of this

ordinance.

 

(b)  The provisions of sections 1 and 2 of this

ordinance shall not be applicable to persons who have a

medical reason for failing to have a seat belt fastened

about his or her body or to any person employed by the

United StatesPostal service while performing duties for

that federal agency which require the operator to service

postal boxes from his or her vehicle, or which require

frequent entry into and exit from his or her vehicle.

 

(c)  As used in Sections 1 and 2 of this ordinance,

the term “passenger car” means every motor vehicle designed

for carrying ten persons or less and used for the

transportation of persons; except that, the term “passenger

car” shall not include motorcycles, motorized bicycles,

motor tricycles and trucks.

 

Section 4:  Each person who violates the provisions of Sections 1 or 2 of this ordinance shall, upon conviction, be subject to a fine not to exceed ten dollars in amount.  All other provisions of law and court rules to the contrary notwithstanding no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.

 

Section 5:  Every person transporting a child under the age of four years residing in this state shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this city, for providing for the protection of such child .  When traveling in the front seat of a motor vehicle the child shall be protected by a child passenger restraint system approved by the Missouri Department of Public Safety.  When traveling in the rear seat of a motor vehicle the child shall be protected by either a child passenger restraint system approved by the Missouri Department of Public Safety or the vehicle’s seat belt.  When the number of child passengers exceeds the number of available passenger positions, and all passenger positions are in use, remaining children shall be transported in the rear seat of the motor vehicle.

 

Section 6:  With respect to Section 5 of this ordinance:

 

(a)  Section 5 of this ordinance shall not apply to

motor vehicles being used by public carrier for hire.

 

(b)  Each person who violates the provision of Section

5 of this ordinance shall, upon conviction, be punished by a

fine of not more than twenty-five dollars and court costs.

 

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

 

Section 8:  This ordinance shall be in full force and effect from and after its passage and approval.

 

READ TWO TIMES AND PASSED THIS ______DAY OF ___________,

1995.

 

 

_______________________________________

Gordon Turner

Mayor

 

 

 

ATTEST:

 

___________________________________

Tammy Williams

City Clerk

 

Aye’s:  4

 

Nay’s:  0

 

 

1039 – Tax Collector

                        ORDINANCE NO. 1039

AN ORDINANCE ESTABLISHING THE COMMISSION FOR THE CITY COLLECTOR AND A PROVISION FOR COLLECTION OF POSTAGE ON TAX STATEMENTS

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

SECTION 1:  The city tax collector shall be allowed a commission of two per cent (2%) for collecting all taxes for the City of Rich hill which shall include all current and delinquent taxes and any tax bills or other charges due upon the tax records. 

SECTION 2:  Furthermore, the city tax collector shall be authorized to add the cost of postage and reasonable time spent in preparation of a statement to the taxes of any tax payer requesting a statement of their taxes due.

SECTION 3:  Any ordinance or parts of ordinances in conflict herewith are hereby repealed.

SECTION 4:  This ordinances shall be in full force and effect on April 4, 1995 upon its passage and approval this 28th  day of  February  1995.

________________________________________

Gordon Turner

Mayor

ATTEST:

_______________________________________

Tammy Williams

City Clerk

Aye’s: Jim Skocy, Larnal Martin, Fred Biggs

Nay’s: None

Larry McDaniel absent.

 

 

1029 – Smoking in Public Areas

                              ORDINANCE NO. 1029

AN ORDINANCE PROHIBITING SMOKING IN DESIGNATED PUBLIC BUILDING AND PUBLIC AREAS OWNED BY THE CITY OF RICH HILL, MISSOURI

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WHEREAS, it is evident that tobacco smoke is a major contributor to indoor air pollution; and

WHEREAS, the presence of tobacco smoke in closely confined areas causes the general public, including non-smokers, to become passive smokers as they breathe smoke-filled air; and

WHEREAS, the harmful components of mainstream smoke are found in sidestream smoke, sometimes to a greater extent than in mainstream smoke; and

WHEREAS, smoking in public assembly areas presents a fire hazard threatening public property and the safety of those assembled.

WHEREAS, in order to protect the public health and environment, it is desirable to prohibit the smoking of tobacco in certain places which are used and open to the general public  and in certain work places,

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

SECTION 1:     No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device in any  building owned or operated by the City of Rich Hill.  Smoking will not be allowed in enclosed areas used by the general public or serving as a place of work, including open office area. Smoking shall be specifically prohibited in the following areas:

a.  Rich Hill City Hall

b.  Rich Hill Police Office

c.  Rich Hill Municipal Court Room/Council Chambers

d.  All City Owned Vehicles

SECTION 2:     Placards or signs reading “Smoking Prohibited by Law”                  shall be posted in all City owned or operated buildings.

SECTION 3:     The prohibition of smoking shall not apply to those areas that are so designated as smoking areas by placard or sign.

SECTION 4:     Any person who is convicted of a violation of this                     Ordinance shall be fined not less than One Dollar ($1.00) or more than Five Hundred Dollars ($500.00) for each such conviction thereof.

SECTION 5:     All other Ordinances are parts thereof in conflict herewith are hereby repealed.

SECTION 6:     This Ordinance shall be in full force and effect from and after its passage and approval according to Law.

Passed and approved this  11th  day of  January , 1994.

_____________________________________

Gordon Turner, Mayor

ATTEST:

_______________________________________

Tammy Williams, City Clerk

AYE‘S: 3

Larnal Martin

Fred Biggs

Larry McDaniel    

NAY’S: 0

Alderman Kenny Heuser was absent. 

1007 – Annexation of Property Hwy 71

ORDINANCE 1007

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, MISSOURI 

WHEREAS, CLIFFORD E. SMITH, WANDA L. SMITH, MICHAEL D. KEISER, DEBBIE A KEISER, FOOD FAIR SUPERMARKET OF RICH HILL, INC. JAMES DALE ENTRIKIN AND PEGGY JO ENTRIKIN, 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 proposed annexation was held on the 26th day November, 1991, at 7:00 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 14th of November 1991; and

WHEREAS, on the 26th day of November, 1991, the Board of Aldermen 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 ORDAINED BY THE BOARD OF ALDERMEN 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:

The west half of the southwest quarter of the southwest quarter of Section 4, Township 38, Range 31, except the south 546.70 feet thereof; further except right of way of old Highway #71 off the west side thereof; and further except that part taken for right of way for new U.S. Highway #71 off the east side thereof as shown by Deed Book 447, Page 176, Bates County, Missouri.

Tract 2: 

A Part of the following described tract:  Commencing at the southwest corner of Section 4, Township 38 North, Range 31 West for the true point of beginning, thence S 89 deg. 06 min. east 438.4 feet and along the Section line to the west right-of-way lines of U.S. Route 71, thence N 14 deg. 43 min. East 551.5 feet along said west right-of-way line, thence North 87 deg. 58 min. West 559.4 feet to the west line of said Section 4, thence South 2 deg. 02 min. West 546.7 feet along said west line of Section 4 to the true point of beginning. The tract intended to be conveyed hereby is described as follows:  Beginning at the northwest corner of the above mentioned tract and running south on the west corner of the above mentioned tract and running south on the west line of the above described tract 85 feet, thence east 120 feet, parallel to the north line of above tract, thence north 85 feet, parallel to the west line of above tract, thence west to point of beginning EXCEPT 30 feet off the west side of said tract for public highway. Bates County,Missouri.

Tract 3

All of a tract described as commencing at the southwest corner of Section 4, Township 38 North, Range 31 West for true point of beginning, thence south 89 deg. 06 min. east 438.4 feet, along the section line to the west right-of-way line of New U.S. Highway No. 71, thence North 14 deg. 43 min. East 551.5 feet along said west right-of-way line, thence North 87 deg. 58 min. West 559.4 feet to the west line of Section 4, thence south 2 degrees 02 minutes west 546.7 feet along said west line of Section 4, to the true point of beginning , EXCEPT there from a tract described as beginning at the southwest corner of the SW quarter of the SW quarter of Section 4 aforesaid, thence east 212 feet, thence north 150 feet, thence west 212 feet, thence south 150 feet to the point of beginning of said excepted tract, and FURTHER EXCEPT a tract described as beginning at the northwest corner of first above described tract, running thence south 85 feet, thence east 120 feet, thence north to the north line of first above described tract, thence west 120 feet to the point of beginning.  ALSO EXCEPT from first above tract that part off the west side thereof for “Old U.S. Highway No. 71, and except any part off the south side thereof for public road or highway. Bates County,Missouri

Tract 4:

That part of the southwest quarter of the southwest quarter of Section 4, Township 38 North, Range 31 West of the 5th Principal Meridian in Bates County, Missouri, described as follows:  Commencing at the southwest corner of said Section 4, thence on an assumed bearing of north 02 degrees 02 minutes 00 seconds east along the west line of said Section 4 a distance of 546.70 feet to the point of beginning of the land to be described, thence south 87 degrees 58 minutes 00 seconds east a distance of 180.00 feet, thence north 02 degrees 02 minutes 00 seconds east a distance of 100.00 feet, thence north 87 degrees 58 minutes 00 seconds west a distance of 180.00 feet, thence south 02 degrees 02 minutes 00 seconds west a distance of 100.00 feet to the point of beginning. Bates County,Missouri.  Subject to easement for public road off the west and subject to all easements of record.

2.  The corporate limits of the City are hereby extended to include the above-described real property and henceforth the boundary lines 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 without 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 and passed this 14th day of January, 1992

_________________________________________

Gordon Turner-Mayor

__________________________________________

CarolCulver-Asst.CityClerk

 

            Ayes:  Larnal Martin, Joe McDaniel

1004 – Purchase of Real Property Lot 7 Block 75 in Original Town

ORDINANCE 1004

AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY

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

  1. The City of Rich Hill is hereby authorized to purchase from the legal owners thereof the following described land inBates County, Missouri, to with

All of Lot 7 in Block 75 in the Original Town, now City of Rich Hill, Missouri.

            For the total price and sum of $800.00, which said sum shall be paid to the Sellers on the date of closing.  The said purchase shall further be upon condition that the Sellers shall pay all real estate taxes, which may be levied on the said real estate during the calendar year 1991, and all prior years, and upon condition that Sellers shall convey marketable title as defined by the Title Examination Standards of the Missouri Bar by Warranty Deed.  To assure marketable title, the City ofRich Hillis authorized to purchase title insurance on the real property in an amount not to exceed the purchase price.

2.  The Mayor and City Clerk are hereby authorized to execute a contract for the purchase of the said real estate and such other documents as may be necessary in connection with the purchase.

 

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

 

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

 

Read two times and passed this 24th day of September 1991.

__________________________________

Gordon Turner-Mayor

__________________________________

Carol Culver-City Clerk

 

Ayes:  Larnal Martin, Joe McDaniels

1003 – Conveyance of Real Estate-Simpson

ORDINANCE 1003

ORDINANCE AUTHORIZING CONVEYANCE OF REAL ESTATE 

            WHEREAS, the City of Rich Hill is the owner of the following described land in Bates County, Missouri, to wit:

All of lot 12 in Block 62 in the Original Town, now City of Rich Hill, Missouri; and,

            WHEREAS, the property was offered for sale by sealed bid and upon the condition that the purchaser construct a six foot privacy fence along that portion of the property facing Park Street, to be maintained until such time as the property had been improved; and

            WHEREAS, Eunice Simpson was the highest bidder for the said property and has fulfilled the conditions of sale.

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

  1. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver to Eunice Simpson a Quit Claim Deed on behalf of the City of Rich Hill, Missouri, being all of the interest of the City of Rich Hill, Missouri, in and to Eunice Simpson and her heirs and assigns forever, in and to the following described land in Bates County, Missouri, to with

All of Lot 12 in Block 62 in the Original Town, now City of Rich Hill, Bates County, Missouri.                

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

 

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

 

READ TWO TIMES AND PASSED THIS 13TH DAY OF AUGUST 1991.

____________________________________

Gordon Turner—Mayor

___________________________________

Carol Culver-Asst. City Clerk

Ayes:  Joe McDanile, Larnal Martin

1001 – Quit Claim Deed Craigmiles

ORDINANCE 1001 

AN ORDINANCE TO AUTHORIZE QUIT CLAIM DEED ON REAL ESTATE

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

  1. The City shall comply with the provision of General Warranty Deed signed 1968 by and between Adrian Craigmiles and Dorothy E. Craigmiles, Husband and Wife, on the following described property in the county of Bates in the State of Missouri, to wit:

The West half of Lot 8 in Block 53 in the Original Town, Now City, of Rich Hill, Missouri.

2.  The Mayor and Asst. City Clerk are hereby authorized directed to enter into and execute such documents, including contracts, deeds and other documents as may be necessary to effectuate said provision, and are specifically directed to execute a quit claim deed releasing any interest of the City of Rich Hill in such property.

 

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

 

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

READ TWO TIMES AND PASSED THIS 11TH DAY OF JUNE 1991.

_____________________________________

Gordon Turner-Mayor

_____________________________________

Carol J. Culver-Asst. City Clerk

Ayes:  Joe McDaniel, Larnal Martin

Absent from vote-Kenny Heuser

0993 – City Health Inspector

ORDINANCE NO. 993

AN ORDINANCE AUTHORIZING THE HEALTH OFFICER OF THE BATES COUNTY HEALTH CENTER TO ACT AS AN AUTHORITY WITHIN THE CITY OF RICH HILL IN THE ABSENCE OF A CITYHEALTH INSPECTOR

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THECITYOFRICH HILL

Inclusive official City boundaries both within and without Bates County, recognizes the health officer of Bates County Health Center as the authority to cause inspections, surveillance and investigations to be conducted when no City health officer nor City health inspector is available.

The purpose of this ordinance is to maintain quality environment health standards to protect the community health no lesser than standards required by County of Bates and State of Missouri. 

This ordinance was read two times and passed this 22nd day of August 1989.

_____________________________

William Thelen-Mayor                                  

_____________________________

Tammy Williams-City Clerk                                      

Ayes:

Kenny Heuser-Alderman

Larnal Martin-Alderman

Jim Doty-Alderman

Gordon Turner-Alderman

0968 – Enable Police Officers-Emergency Outside City Limits

ORDINANCE 968 

AN ORDINANCE TO ENABLE POLICE OFFICERS OF THE CITYOF RICH HILL, MISSOURI, TO ACT IN AN EMERGENCY SITUATION OUTSIDE THE CITY LIMITS

            WHEREAS, the Missouri General Assembly enacted in 1987 a law known as Senate Bill No. 372 which, among other things, provided that a police officer is authorized to act in emergency situations outside the corporate limits of the municipality, provided that certain legislative authorizations are granted; and

            WHEREAS,    the City of Rich Hill desires to provide efficient police protection to the citizens of this community, to those living near this community and to those visiting this community; and

            WHEREAS, the City of Rich Hill desires to authorize its municipal police officers to respond in emergency situations outside the boundaries of the municipality; and

            WHEREAS, most of the police officers employed by the City of Rich Hill have received the basic training required by Chapter 590 of the Revised Statutes of Missouri, said training being a prerequisite to the authority of a police officer to respond outside the City limits.

            WHEREAS, the City of Rich Hill/County of Bates/Board of Aldermen has or is expected to pass legislation allowing police officers of the City of Rich Hill to respond to emergencies in the fashion provided herein;

           NOW, THEREFORE, Be It Ordained by the Board of Alderman of the City of Rich Hill, Missouri, as follows:

            Section 1.  Any police officer of the City of Rich Hill, Missouri, who has completed the basic training program as established by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation outside the boundaries of the City of Rich Hill; provided, however, that such jurisdictions described in Section 3 below.  As provided herein, “emergency situation” means any situation in which the police officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest, and the officer’s response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation.  The determination of the existence of any emergency situation shall be in the discretion of the officer.

            Section 2.  The term “response” as used in this ordinance, shall mean to take any and all action, which the police officer may lawfully take as if exercising normal powers within the City of Rich Hill.

            Section 3.  The authority contained herein shall permit the response by one or more City of Rich Hill police officers in any of the following jurisdictions within the State of Missouri until the emergency situation has been adequately taken into control, in the discretion of the officer, by another appropriate jurisdiction.

            Section 4.  Every response to an emergency situation outside the City limits of Rich Hill, Missouri, shall be reported by the Chief of Police to the Mayor, with an explanation of the reason for the response.

            Section 5.  Notwithstanding anything to the contrary within this ordinance, if the County Commission of Bates County, Missouri, had not passed appropriate legislation authorizing police officers of the City of Rich Hill to respond within that jurisdiction within 60 days of the date hereof, then this ordinance shall be void and of no effect whatsoever as to the authority of the officers of the City of Rich Hill to respond within that jurisdiction.

            Section 6.  All ordinance or parts of ordinances in conflict herewith are hereby repealed.

            Section 7.  This ordinance shall be in full force and effect from and after the 8th day of December 1987

_______________________________________

William Thelen-Mayor

_______________________________________

Tammy Williams-City Clerk

No voting record