AN ORDINANCE TO DEFINE MUNICIPAL ORDINANCE VIOLATIONS, WHICH INCLUDES WEEDS, NUISANCES AND OTHER DEBRIS; GENERAL REQUIREMENTS; ABATEMENT

__________________________________________________

WHEREAS, pursuant to §79.110, RSMo., the Mayor and Board of Aldermen of the City of Rich Hill, Missouri (“City”) “shall have the power to enact and ordain any and all ordinances not repugnant to the constitution and laws of the his state, and such as they shall deem expedient for the good government of the city, the preservation of peace and good order, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same;” and

WHEREAS, pursuant to §67.398, RSMo., the Mayor and Board of Aldermen of the City “may enact ordinances to provide for the abatement of a condition of any lot or land that has the presence of a nuisance including, but not limited to, debris of any kind, weed cuttings, cut, fallen, or hazardous trees and shrubs, overgrown vegetation and noxious weeds which are seven inches or more in height, rubbish and trash, lumber not piled or stacked twelve inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material or condition which is unhealthy or unsafe and declared to be a public nuisance;” and

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

ARTICLE I

MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

 Section 1 – Definitions.

Section 2 – Penalty.

Section 3 – Prohibitions.

Section 4 – Investigation.

Section 5 – Entry on to private property.

Sections 6 through 10 reserved.

SECTION 1 – Definitions

Chief of Police:  Shall include his authorized representative in addition to the Chief of Police of the City of Rich Hill, Missouri

City Superintendent:  Shall include his authorized representative in addition to the City Superintendent of the City of Rich Hill, Missouri.

Nuisance:  The word “nuisance” is hereby defined, when not otherwise defined, as an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

1. Injures or endangers the comfort, repose, health or safety of others; or
2. Offends decency; or
3. Is offensive to the senses; or
4. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
5. In any way renders other persons insecure in life or the use of property; or
6. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; or
7. Any property which is in violation of this Ordinance.

Illustrative examples include, but are not limited to, the following:

a.  Any abandoned property, part thereof or junk located on any property, street or highway that represents a public safety hazard or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or meeting place for mosquitoes, flies, rodents, rats or other vermin; any inoperable or unlicensed vehicle; or any abandoned property, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours.

b.  Any growth of weeds, grass, ragweed or poisonous vegetation or accumulation of dead weeds, grass or brush to a greater height than seven inches; any accumulation of dead weeds, grass, brush or debris that has been on the property for more than 14 days; any weeds or debris in ditches abutting private property. The mowing and removal of weeds and debris in ditches shall be the responsibility of the owner and/or tenant whose property abuts such ditch.

e.  Any slaughterhouse, stockyard or stable, cattle yard, hog, sheep, cow or dog pen that is offensive, injurious, obnoxious, unsafe or annoying to the public.

f.  Any pond or pool of stagnant water or any foul or dirty water, or liquid discharged through any drain pipe or spout or thrown into or upon the street, alley, thoroughfare or lot that is injurious, dangerous, offensive, unhealthy or unsafe to the public.

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

h.  Any stone, dirt, filth, slops, vegetable matter, animal matter or other articles thrown or placed in or upon any street, alley, sidewalk or other public place that is injurious, dangerous, obnoxious, unsafe or offensive to the public.

i.  The placing or storage of any green or salted hides, which cause an odor, that is injurious, dangerous, obnoxious, offensive, unhealthy or unsafe to the public.

j.  Any animal or vegetable matter or other substance liable to become putrid, offensive or unhealthy that is injurious, dangerous, unhealthy, unsafe or offensive to the public.

k.  Any cellar, vault, private drain, pool, privy, sewer, cistern, well, sink or container that may be sufficiently tightly closed to cause suffocation or is not covered or protected so as to prevent humans and animals from falling into the same that is injurious, dangerous, unsafe or offensive to the public health.

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

m.  Any house, building or tank within the City used for the special or exclusive storage of powders or dynamite, with a glycerin, coal oil or other explosive substance, detrimental to the public health, or endangering human life; or any house, building or store, wherein small quantities of such explosives are kept, exposed or insecure, or kept in any manner so as to endanger the public.

n.  Any radio, television set or musical instrument or device operated in such manner or at such hours that are injurious, inconvenient, obnoxious, offensive or annoying to the public or persons living or doing business nearby.

o.  The maintaining, using, placing, depositing, leaving or permitting to be or remaining on any public or private property of furniture, bedding, refrigerators, freezers, heating stoves, kitchen ranges, laundry and dish washing equipment, air conditioning units, or any other appliances, articles or equipment designed for use inside a dwelling unit, if stored, placed or set upon the ground on any open porch, in any attached carport, in any free standing carport, or in any garage or shed that is without doors to conceal such articles.

p.  Growth of trees, shrubs, brush or foliage that appears to be dead, diseased or insect infested, damaged, decayed or dangerous or likely to fall onto, into, around, upon or above public property when the main source of growth is from or upon the owner’s property that is unsecured, exposed or kept in any manner so as to endanger the public.

q.  Any tree located on private property with branches that extend over a street or sidewalk and whose branches are not pruned to a height of at least 16 feet above the street and 10 feet above a sidewalk.

r.  Wooded areas will not be allowed inside the city limits except for the existing properties as of (date the original ordinance was adopted). The existing properties are required to clear all growth of trees, shrubs, brush, foliage, weeds, grass, poisonous vegetation, ragweed or other rank vegetation to a height no greater than 7 inches at least 25 feet from any alley, street, roadway or sidewalk.

s.  Trash, debris or junk shall not exceed the top level of the dumpster or trash container and its contents shall not be visible to the public.

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

Vegetation:  See definition for weeds

Vehicle:  Includes the following, without limitation, and regardless of whether or not such device is operable or inoperable:

a.  A self-propelled device designed for use upon a highway, including trailers designed for use with such vehicles including, but not limited to:

1. Mopeds – See definition for motorized bicycle.
2. Motor scooter – Any 2-wheeled, 3-wheeled or 4-wheeled device operated while standing and having an automatic transmission; a motor with a cylinder capacity of less than 50 cubic centimeters; produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed that does not exceed more than 30 miles per hour on level ground.
3. Motorcycle – A motorized device operated on two or three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel.
4. Motorized bicycle – Any  2-wheeled or 3-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters;  produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.  This includes a device commonly known as a moped.

b.  Any device propelled by internal combustion engines that are used or designed for use in transporting persons or property, including any engine, transmission or rear axle regardless of whether attached to a chassis;

c.  Farm equipment, farm tractors, traction engines, tractor cranes, power shovels, implements of husbandry, well drillers; road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such devices that are within these general terms;

d.  Every device propelled by electric power whether or not the electric power is obtained from overhead wires but not operated upon rails;

e.  Every device by which a person or property is or may be transported upon a highway;

f.  Devices moved by human power or used exclusively upon stationary rails or tracks;

g.  Devices drawn by horses and other animals;

h.  Any device designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland or other natural terrain without benefit of a road or trail, including, but not limited to, the following:

1. Jeeps;
2. All-terrain vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use that is 50 inches or less in width, with an unladen dry weight of 600 pounds or less, traveling on 3, 4 or more low pressure tires, a seat designed to be straddled by the operator and handlebars for steering control;
3. Low speed vehicles – Any motorized vehicle having exactly four wheels and having an attainable speed within one mile of at least 25 per hour but not more than 25 miles per hour on a paved level surface, and having an unladen dry weight less than or equal to 3,000 thousand pounds;
4. Recreational off-highway vehicles – Any motorized vehicle manufactured and used exclusively for off-highway use which is more than 50 inches but no more than 67 inches in width, with an unladen dry weight of two 2,000 or less, traveling on four or more non-highway tires and which may have access to ATV trails
5. Dune buggies;
6. Multi-wheel drive or low-pressure tire vehicles;
7. Devices using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;
8. Trail bikes, minibikes and related vehicles;
9. Utility vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use which is 63 inches or less in width, with an unladen dry weight of 1,850 pounds or less, traveling on 4 or 6 wheels, to be used primarily for landscaping, lawn care or maintenance.
10. Any other means of transportation deriving power from any source, including muscle or wind;

i.  Boat, vessel or watercraft: Any device used or being capable of being used as a means of transport on water and that is moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, canoes, fishing boats, houseboats, barges and similar floating objects, including any machinery used as the principal source of propulsion for a boat or craft;

j.  Aircraft, including gliders, hot air balloons – Any device now known, or hereafter invented, used or designed for navigation of, or flight in, the air.

Weeds and nuisance vegetation :  Any condition on any lot or land that has the presence of debris of any kind is hereby declared a public nuisance, subject to abatement.

a.  Weed cuttings; cut and fallen trees and shrubs; overgrown vegetation and noxious weeds that are 7 inches or more high.

b.  All vegetation, regardless of height, including thickets, which may conceal or invite deposits of filth or refuse; harbors

c.  Exceptions: This definition shall not apply to:

1. Vegetation cultivated for agricultural purposes such as production of grain, forage or commercial products; or
2. Undeveloped tracts of land zoned other than for agricultural uses if the tract is a contiguous tract or lots owned by one owner that exceeds two acres (87,120 square feet), provided that all areas within 5 feet from the edge of pavement of a public roadway, or within 5 feet of the property lines adjacent to any property being used for residential or commercial purposes shall be maintained free from weeds or plant growth in excess of 7 inches.
3. Persons shall cut or bale hay prior to the first day of July each year. If unable to cut or bale hay by the first day of July, the parties shall request and must receive approval for an extension of time from the Board of Aldermen.
4. All property owned by the City subject to a lease or contract, executed prior to the enactment of this Ordinance, that includes terms and conditions that govern growth and maintenance of weeds and vegetation such that the terms conflict with this Ordinance.

Debris and junk: Includes, but is not limited to, rubbish and trash; lumber not piled or stacked 12 inches off the ground; rocks or bricks; tin, steel, or other scrap metal; any inoperable or unlicensed vehicle, parts of derelict cars or trucks , broken furniture, appliances, and other household items; and/or any flammable material.  Debris also includes any other material found on any lot or land that is unhealthy or unsafe.

SECTION 2 – Prohibitions

No person shall permit, cause, keep, maintain, suffer, or do any nuisance or contribute to the same as defined above in Section 1 or in any other section of the City Code, or cause or permit to be caused, kept, maintained or done, or contribute to the committing, causing, keeping, suffering, or maintaining of any such nuisance within the City

SECTION 3 – Penalty

The provisions contained herein under this Ordinance shall not be exclusive, and the City may pursue any additional remedies it may have as provided by law.

Any person responsible for a property on which a nuisance is alleged to exist that is found guilty of violating Section 3 upon conviction within a 12-month period beginning with the first violation shall be assessed a fine not to exceed the following amounts:

a.  First violation – $200 including court costs;

b.  Second violation – $250 including court costs;

c.  Third violation – $350 including court costs

d.  Fourth and subsequent violations – $450 including costs

Violations of this Code are continuous with respect to time, and each day the violation continues may be charged as a separate offense.

SECTION 4 – Investigation

It shall be the duty of the City Superintendent and/or the Chief of Police to investigate reports that a nuisance may exist and to carry out the procedures provided herein in the following provisions for abatement of nuisances that are found to exist.

SECTION 5 – Entry onto private property

a.  The City Superintendent and/or Chief of Police may enter upon private property for inspection, investigation or for the purpose of abating any nuisance in accordance with the provisions of this Ordinance.

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

ARTICLE II

ABATEMENT OF MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

Section 11 – Definitions

Section 12 – Abatement Enforcement and Notice.

Section 13 – Service of Notice.

Section 14 – Compliance with notice.

Section 15 – Emergency powers.

Section 16 – Use of independent contractors.

Section 17 – Cost of City abatement and rights to collect.

Section 18 – Determination hearing and appeal

SECTION 11 – Definitions.

The definitions contained in Article I, Section 1 of this Ordinance shall be incorporated into this Article II by reference as though fully set forth herein.

SECTION 12 – Abatement Enforcement and Notice.

a.  Enforcement shall be the responsibility of the City Superintendent, his authorized representatives and/or the Chief of Police, and enforcement shall commence by providing a written notice of the nuisance existing on the property to the:

1. owner;
2. person in custody of the property;
3. person creating or maintaining the nuisance
4. owner non-occupant of the property of the nuisance condition existing on the property.

b.  The notice shall state specifically:

1. What act or thing is deemed to constitute a nuisance pursuant to the provisions set forth in Article I, Section 1 of this ordinance;
2. The location of the property (using the mailing or popular address rather than a legal description when reasonably possible to do so);
3. Advise the owner, the person in custody of the property, the person creating or maintaining the nuisance and the owner non-occupant to abate the nuisance within a reasonable period of time, not less than ten (10) days from the receipt of the notice.
4. The notice shall identify what action will remedy the nuisance.
5. That if the person receiving such notice disagrees with the determination that a nuisance exists, such person may request a determination hearing to be conducted by the City Superintendent and/or Chief of Police at the Rich Hill City Hall within ten (10) days of receipt of said notice.  The appropriate information needed to request such a hearing shall be included in the notice.
6. That failure to abate the nuisance within ten (10) days of receipt may result in abatement of the nuisance by the City, the costs of which shall be assessed as a lien upon the property on which the nuisance exists and shall be deemed a personal debt of the person receiving the notice to the City.

SECTION 13 – Service of notice.

a.  The notice shall be served to both the occupant of the property at the property address and the owner of the property at his or her last known address by personal service or in the alternative by certified mail and ordinary mail and/or by posting upon the property, except posting on vacant property or mailing to an address of vacant property shall not be sufficient notice of the nuisance condition to the property owner. When notice is sent by ordinary mail for which a receipt is received from the post office, there is a rebuttable presumption that the letter was delivered five (5) days after the date it was sent.

b.  The City Superintendent and/or the Chief of Police is authorized, but not required, to post notice of the existence of a nuisance and/or notice to abate a nuisance in a conspicuous place on the nuisance itself or on the property upon which the nuisance is located.

Removal, destruction or defacing any such posted notice is deemed to be destruction of City property for which violators shall be prosecuted.

c.  If personal service, service by certified mail and service by ordinary mail does not or cannot occur, the notice shall be published in a daily newspaper of general circulation that is published in Bates County, Missouri or an adjacent county for at least one week; or if there is no daily newspaper of general circulation published in Bates, County, Missouri or an adjacent county, once in a newspaper of general circulation. If such notice is published, no further action shall be taken until at least ten (10) days from the date of the final publication and all deadlines for abatement and hearing requests shall be altered accordingly.

SECTION 14 – Compliance and/or non-compliance with notice.

a.  Any person receiving a notice as provided in Section 12 for the abatement of a nuisance shall immediately comply with the provisions of the notice requiring abatement.

b.  Upon failure of the owner to remove or abate the described nuisance within ten (10) days, the City Superintendent and/or the Chief of Police shall cause the condition to be removed or abated.

c.  In case the weeds, trash, unlicensed or inoperable vehicles or any other nuisances are not removed within ten days after receipt of a notice alleging the existence of a nuisance, the City Superintendent and/or the Chief of Police shall have the weeds, trash, unlicensed or inoperable vehicles or any other nuisances removed and shall certify the costs of the same to the City Clerk who shall cause a special tax bill against the property to be prepared and be collected by the tax collector with other taxes assessed against the property, all in accordance with this Ordinance and §71.285.1 RSMo.

e.  When abating the weeds, trash, unlicensed or inoperable vehicles or any other nuisances, the City Superintendent and/or the Chief of Police shall have the right to enter on to the property. If such entry is refused by the owner, occupant or other person with lawful possession of the premises in question, the City may request an administrative search warrant pursuant to Article I, Section 4 of this Ordinance if such administrative search warrant is deemed necessary to enter onto the property and abate the weeds, trash, inoperable or unlicensed vehicles or any other nuisances pursuant to the order.

SECTION 15 – Emergency powers.

Where it reasonably appears there is an immediate danger to the health, safety or welfare of any person due to the existence of a nuisance, the City Superintendent and/or the Chief of Police shall take such emergency measures as he may reasonably determine is necessary to abate the nuisance or to render it temporarily safe.   Notice as provided in Sections 13 and 14 shall still be required.

SECTION 16 – Use of independent contractors.

The City shall be authorized to contract with one or more independent contractors who will perform the duties imposed herein for the abatement of nuisances, specifically including the cutting of weeds; removal of debris, dead weeds, accumulation of vegetation, brush, removal of inoperable or unlicensed vehicles, any other nuisances and other matters as set forth in Article I of this Ordinance; provided, however, that the City shall not be relieved of its duty to provide such notices as required in this Ordinance. The City shall contract with independent contractors with the best bid after advertising for and receiving bids. When the City enters into a contract, the City shall not be liable for the acts of the independent contractor or its agents.

SECTION 17 – Cost of City abatement and rights to collect.

a.  The following charges for abatement include, but are not limited to, the following:

1.  The City Superintendent and/or the Chief of Police shall give an accurate account of the costs of the cutting and/or removal together with an administrative charge of $50.00.  If the full amount due the City is not paid within twenty (20) days thereafter, the City Superintendent and/or the Chief of Police shall certify the cost, administrative costs and an additional $50.00 administrative cost by reason of the necessity of the certification of the assessment, as a special tax bill against the property to be collected as other realty taxes;

2.  Abatement cost if done by independent contractor(s) shall be charged at the rate of the contractor who performs the abatement;

3. Items hauled to the landfill, exclusive of any labor costs, are charged at a minimum cost per ton at the current landfill rate at the time the items are hauled;

3. Labor for City employees shall be charged at the rate of $50 per hour per employee;

4. Use of City equipment shall be charged at the established rate for rental of equipment;

5. Cost of any purchases of materials required to abate such nuisance;

b.  If the City Superintendent and/or the Chief of Police cause the condition described in the notice to be removed or abated, the cost of the removal or abatement, along with the proof of notice to the owner of the property shall be certified to the City Clerk.

c.  The City Clerk shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official’s option, and shall be collected in the same manner and procedure as for collecting real estate taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid. As a personal debt, in the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable jointly and severally.  A tax bill is delinquent if costs are not paid by December 31 of the year assessed.

d.  The special tax bill from the date of its issuance, as well as the abatement fee, if any, shall be a first lien upon the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error of informality in the same or in the proceedings leading up to the issuance shall be a defense.

e.  The City may discharge all or any portion of the unrecovered abatement costs added to the tax bill upon a determination by the City that a public benefit will be gained by such discharge AND the discharge shall include any costs of tax collection, accrued interest or attorney fees related to the tax bill.

SECTION 18 – Determination hearing and appeal.

a.  Hearing Request. If a property owner or occupant subject to a notice to abate a nuisance under Section 12 disagrees with the determination that a nuisance exists upon the property or the land, such person may file in writing with the city clerk a request for a determination hearing within ten (10) days of receipt of the notice.  Such request shall include the name and preferred contact information of the person filing the request, a brief statement of facts, an explanation as to why the nuisance determination is incorrect, and any other information or documentation that the person filing the request believes would support his or her position.

b.  Upon receipt of a hearing request under this Section 18, the city clerk shall set a hearing within five (5) business days. The city clerk shall confer with the person filing the request and city staff and make reasonable efforts to accommodate the schedules of the persons necessary to conduct the hearing.

c.  The Chief of Police or the City Superintendent shall preside over the hearing as the Hearing Officer, and shall consider all probative and relevant evidence as to whether or not the conditions alleged in the notice exist and if the conditions constitute a nuisance. Evidence heard by the Hearing Officer shall consist of exhibits submitted on the record and the testimony of the parties and witnesses appearing on behalf of the parties.  No formal rules or procedure shall be required, but all testimony shall be heard under oath.

d.  The Hearing Officer may continue the hearing for good cause.

e.  Upon conclusion of the hearing, the Hearing Officer shall, within a reasonable time, issue a decision, including findings of fact and conclusions of law, which shall: 1) uphold the determination contained within the notice to abate, 2) modify the determination contained within the notice to abate, or 3) dismiss the notice to abate. The decision shall also include an order either directing the parties to abate the nuisance in accordance with the decision or dismissing the notice to abate.

f.  Failure of a person subject to a decision of the Hearing Officer to comply with the terms of an order contained within the decision shall be subject to the abatement proceedings and collection methods contained in Sections 14 & 17 of this Article II.

g.  The City shall not take actions to abate a nuisance subject to a pending determination hearing, and shall only take action to abate nuisances subject to a determination hearing in a manner consistent with the final decision and accompanying orders of the Hearing Officer.

h.  Failure of the person requesting the hearing to appear at the hearing shall result in a default decision in favor of the City’s initial determination contained within the notice to abate.

i.  Any owner, occupant, or party aggrieved by a decision of the Hearing Officer may, within thirty (30) days from the receipt of the decision and order of the City Administrator appeal such decision to the Circuit Court of the County where the lot or land is located, pursuant to the procedure established in Chapter 536, RSMo.

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

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

1^ST READING 22^nd DAY OF AUGUST 2017

2^ND READING 22nd DAY OF AUGUST 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 22^ND DAY OF AUGUST 2017.

___________________________

Jason Rich, Mayor

ATTEST:                                                             Ayes: Kassner, Pilcher, Robb, Humble

___________________________     Nays: None

Brittany Schenker, City Clerk

[i] This ordinance reinstates provisions permitting violations to be heard in Municipal Court.

For information purposes, this ordinance replaces the following:  Ordinance 1627, enacted January 10, 2017 (eliminated provisions permitting violations to be heard in Municipal Court and was separated from prior Ordinance 1415); Ordinance No. 1415, enacted August 12, 2014; Ordinance No. 1401, enacted July 9, 2013; Ordinance No. 1367, enacted August 9, 2011; Ordinance No.  1355, enacted October 26, 2010; Ordinance No. 1339, enacted July 28, 2009; Ordinance No. 1138, enacted July 8, 2008; Ordinance No.  1317, enacted June 24, 2008; Ordinance No. 1220, enacted November 9, 2004; Ordinance No.1194, enacted November 12, 2003; Ordinance No. 0934, enacted November 13, 1984; Ordinance No. 0887, enacted February 12, 1980; Ordinance No. 0721 (date of enactment unknown); Revised Ordinance No. 0521, Chapter 16. enacted on August 14, 1923.

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI IMPOSING A USE TAX FOR GENERAL REVENUE PURPOSES AT THE RATE OF TWO PERCENT (2%) PURSUANT TO THE AUTHORITY GRANTED BY AND SUBJECT TO THE PROVISIONS OF SECTIONS 144.600 THROUGH 144.761 OF THE REVISED STATUTES OF MISSOURI, AND PROVIDING FOR THE USE TAX TO BE REPEALED, REDUCED, OR RAISED IN THE SAME AMOUNT AS ANY CITY SALES TAX IS REPEALED, REDUCED OR RAISED, AND PROVIDING FOR SUBMISSION OF THE PROPOSAL TO THE QUALIFIED VOTERS OF THE CITY FOR APPROVAL AT AN ELECTION TO BE HELD ON THE 7TH DAY OF NOVEMEBER, 2017.

WHEREAS, the City of Rich Hill, Missouri (“City”) imposes total local sales taxes, as defined in Section 32.085, RSMo, at the combined rate of two percent (2%); and

WHEREAS, the City is authorized, under Section 144.757, RSMo, to impose a local use tax at a rate equal to the rate of the total local sales taxes in effect in the City; and

WHEREAS, the proposed use tax requires the approval of the citizens at an election.

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

Section 1. Pursuant to the authority granted by, and subject to, the provisions of Sections 144.600 through 144.761, RSMo, a use for general revenue purposes is imposed for the privilege of storing, using or consuming within the City any article of tangible personal property.  This tax does not apply with respect to the storage, use or consumption of any article of tangible personal property purchased, produced or manufactured outside this state until the transportation of the article has finally come to rest within this City or until the article has become commingled with general mass of property of this City.

Section 2. The rate of the tax shall be two percent (2%).  If any City sales tax is repealed or reduced or raised by voter approval, the City use tax rate also shall be deemed to be repealed, reduced or raised by the same action repealing, reducing or raising the City sales tax.

Section 3. This tax shall be submitted to the qualified voters of Rich Hill, Missouri, for their approval, as required by the provisions of Section 144.757, RSMo, at the election hereby called and to be held on Tuesday, the 7^th day of November, 2017. The ballot of submission shall contain the following language:

Shall the City of Rich Hill, Missouri impose a local use tax at the same rate as the total local sales tax rate, currently two percent (2%), provided that if the local sales tax rate is reduced or raised by voter approval, the local use tax rate shall also be reduced or raised by the same action?  A use tax return shall not be required to be filed by persons whose purchases from out-of-state vendors do not in total exceed two thousand dollars in any calendar year.

Ο  YES

Ο  NO

If you are in favor of the question, place an “X” in the box opposite “YES”.  If you are opposed to the question, place an “X” in the box opposite “NO”.

Section 4. Within ten (10) days after the approval of this ordinance by the qualified voters 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 certifications of the election returns and accompanied by a map of the City clearly showing the boundaries thereof.

Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval.

READ TWO TIMES AND PASSED BY THE BOARD OF ALDERMEN AND APROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 8^TH DAY OF AUGUST, 2017.

 

 

______________________

Jason Rich, Mayor

ATTEST:

__________________________________

Brittany Schenker, City Clerk

Ayes: Humble, Robb, Kassner, Pilcher

Nays: None

AN ORDINANCE FOR NON-MINOR TRAFFIC VIOLATIONS SETTING FORTH SPECIFIC PROHIBITIONS; GENERAL REQUIREMENTS; PENALTY; LIST OF NON-MINOR TRAFFIC VIOLATIONS WITH INDIVIDUAL PROHIBITIONS SET FORTH

__________________________________

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

ARTICLE I – NON-MINOR TRAFFIC VIOLATIONS

Section 1 – Defined

Section 2 – Penalty for non-minor traffic violations

Section 3 – Collection of unpaid fines and court costs

Sections 4 through 5 – Reserved

ARTICLE II –NON-MINOR TRAFFIC RULES, REGULATIONS AND PROHIBITIONS

Section 6 – Definitions

Section 7 – Applicability

Section 8 – Parties to violation

Section 9 – Offenses by person owning or controlling vehicles

Section 10 – Driver’s license

Section 11 – Driving while revoked or suspended

Section 12 – Financial Responsibility

Section 13 – Careful, prudent driving required

Section 14 – Speed limits

Section 15 – All-Terrain Vehicles

Section 16 – Utility Vehicles

Section 17 – Accidents, accident reports, leaving the scene of an accident

Section 18 – Driving while intoxicated

Section 19 – Fleeing or attempting to elude a police officer

Section 20 – School bus regulations defining when drivers shall stop for a school bus, required signage and crossing control arm, school bus driver responsibilities, driver identity rebuttable presumption, additional penalties

ARTICLE I – NON-MINOR TRAFFIC VIOLATIONS

SECTION 1 – Defined

The following charges are non-minor traffic violations and are not subject to the rules and regulations as set forth in the Minor Traffic Violations Ordinance:

• Any moving violation when there is a personal injury or property damage;
• Any violation occurring within a school zone;
• Speeding – 19 or more miles over the speed limit;
• Leaving the scene of an accident (6 points);
• Operating without a valid license
  • Second conviction, with injury or property damage (6 points)
  • Third and subsequent convictions (6 points), with injury or property damage (8 points);
• Operating with a suspended or revoked license prior to restoration of operating privileges (12 points);
• Obtaining a license by misrepresentation (12 points);
• Knowingly permitting an unlicensed driver to operate a motor vehicle, with injury or property damage (6 points)
• Failure to have insurance or proof of financial responsibility, with injury or property damage (6 points);
• Driving while in an intoxicated condition or under the influence of a controlled substance or drugs – First conviction (8 points);
• Driving with a blood alcohol content of eight-hundredths of one percent or more by weight (8 points);
• Second and subsequent convictions of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of a controlled substance or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight (12 points);
• Aggravated endangerment of a highway worker (12 points);
• Aggravated endangerment of an emergency first responder (12 points);
• Violations occurring within a construction zone.

SECTION 2 – Penalty for non-minor traffic violations

a.  Upon entering a guilty plea or upon a finding of guilt, a fine not to exceed $500; confinement not to exceed 90 days; or both a fine and confinement may be imposed by the Court. The Court shall adopt an electronic payment system or payment by mail for the payment of non-minor traffic violations.

b.  In addition to a fine and/or confinement, the Court may order, including, but not limited to, the following:

• place on unsupervised probation not to exceed two years;
• directed to perform community service hours;
• attend substance abuse or anger management classes;
• pay restitution when applicable;
• be restricted from having contact with persons or places.

SECTION 3 – Collection of unpaid fines and court costs

Collection of fines and court costs may be pursued as follows:

a.  Application for probation revocation, if the probation period has not expired;

b.  Application for a show cause order to show why the Defendant is not in contempt for non-payment if no probation has been imposed;

c.  The Court may report any delinquencies in excess of $25 to the Director of the Department of Revenue and request that the Department seek a setoff of an income tax refund as provided by Missouri Revised Statute §§ 143.782 to 143.788 (See § 470.356).

Sections 4 through 5 – Reserved

ARTICLE II – NON-MINOR TRAFFIC VIOLATIONS

            RULES, REGULATIONS AND PROHIBITIONS

SECTION 6 – Definitions

The following definitions shall apply to all provisions in this Ordinance unless a Section provides definitions to the contrary, in which case the definitions in the Section will control.

Alley or alleyway –     any street with a roadway of less than 25 feet wide

Authorized emergency vehicle – a vehicle publicly owned and operated as an ambulance; or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or deputy or traffic officer; a privately owned vehicle operated as an ambulance when responding to an emergency call

Careless and imprudent driving – Careless, reckless or imprudent driving includes, but shall not be limited to, any violation of Missouri Revised Statutes §§ 304.016 and 304.010, or any other violation of federal or state law, or any county or municipal ordinance while driving a vehicle in a willful or wanton disregard for the safety of persons or property, or improper or erratic traffic lane changes, or following the vehicle ahead too closely, but shall not include careless and imprudent driving by excessive speed

Chief of Police – Chief of Police or his authorized representative

City Clerk – City Clerk or her authorized representative

Commercial vehicle – every vehicle designed, maintained or used primarily for the transportation of property or more than 15 persons

Crosswalk – that part of a roadway at an intersection included within the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the roadway or by a sign

Director – the Director of Revenue acting directly or through the Director’s authorized officers or agents

Driver – any person who is physically driving or operating or being in actual physical control of a motor vehicle.

Driver’s license – an operator’s or driver’s license, temporary instruction permit, chauffeur’s or registered operator’s license issued under the laws of this state

Driving while intoxicated – operating a vehicle with eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood

Driving with excessive blood alcohol – operating a vehicle with eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood

Financial responsibility –  proof of ability to respond in damages for liability due to accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of $25,000.00 for bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $50,000.00 for bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 for injury to or destruction of property of others in any one accident or other amounts that may be required by Missouri Revised Statute § 303.020, if amended subsequent to the adoption of this Ordinance.

Highway – any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality

Intersection:

• The lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles; or
• The area within which vehicles travelling upon different roadways or highways joining at any other angle that may come into conflict; or
• When a highway that includes two roadways 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway shall be a separate intersection; or
• When an intersecting highway includes two roadways 30 feet or more apart, then every crossing of two roadways of the highway shall be a separate intersection

Motor vehicle –any self-propelled vehicle not operated exclusively on tracks, except motorized bicycles

Motorcycle – a motorized vehicle operated on three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel

Motorized bicycle – any 2-wheeled or 3-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters;  produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.  This includes a device commonly known as a moped.

Operator – every person who is in actual physical control of a motor vehicle

Owner – any person, including a joint owner, who holds the legal title to a motor vehicle; or if a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with immediate right of possession vested in the purchaser or lessee; or if a mortgagor of a motor vehicle is entitled to possession of the motor vehicle, then the conditional vendee, lessee or mortgagor

Park or parking – a vehicle standing, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers

Pedestrian – any person afoot

Police officer – every officer of any police department or any officer authorized to direct or regulate or to make arrests for violations of traffic regulations

Private road or driveway – every way or place in private ownership used for vehicular travel by the owner and those who have express or implied permission from the owner

Record – includes, but is not limited to, papers, documents, facsimile information, micro-photographic process, electronically generated or electronically recorded information or digitized images deposited or filed with the Department of Revenue

Registration – a registration certificate and registration plates issued under the laws of this state pertaining to the registration of motor vehicles

Restricted driving privilege – a driving privilege issued by the Director of Revenue following a suspension of driving privileges for the limited purpose of driving in connection with the driver’s business, occupation, employment, formal program of secondary, postsecondary or higher education, or for an alcohol education or treatment program

Right-of-way – the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under direction, speed and proximity that could cause a danger of collision unless one grants precedence to the other

Roadway – that portion of a highway designed or ordinarily used for vehicular travel, exclusive of berm or shoulder; shall also include highways, streets, alleys, alleyways, boulevards, avenues, parkways, traffic ways and in general, every surface designed to accommodate vehicular traffic.

School bus – any motor vehicle, either publically or privately owned, used to transport students to and from school or to transport pupils properly chaperoned to and from any place within the state for educational purposes

Sidewalk – that portion of a roadway between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use of pedestrians

Stand or standing – the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers

Stop – when required, a complete cessation from movement

Vehicle – any mechanical device on wheels, designed primarily for use or used on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs or scooters operated by physically disabled persons.

SECTION 7 – Applicability

a.  The provisions of this Ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon roadways within the City limits and upon streets, drives and parking areas of the Rich Hill School District within the City and upon any streets, highways, alleys, roadways and elsewhere within the City limits, except when a different place is specifically referred to in a given Section

b.  Unless specifically made applicable, the provisions of this Ordinance shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a roadway, but shall apply to such persons and vehicles when traveling to and from such work.

c.  This ordinance is applicable to all persons who are 15 years of age or older as provided in Missouri Revised Statute § 211.031.

SECTION 8 – Parties to violation

a.  Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared in this Ordinance to be unlawful, whether individually or in connection with 1 or more other persons or as a principal, agent or accessory, may be found guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this Ordinance is likewise guilty of such offense.

b.  It shall be a non-minor traffic violation when there is property damage or personal injury that results from a violation of this Section.

c.  If the offense occurs in a school zone, it shall be a non-minor traffic violation.

d.  When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 9 – Offenses by persons owning or controlling, but not operating a vehicle

a.  No owner, or any other person, employing or otherwise directing the driver of any vehicle, shall require or knowingly permit the operation of the vehicle upon a roadway in any manner contrary to this Ordinance.

b.  No owner or driver of any motor vehicle shall authorize, allow or permit any vehicle to be driven upon any roadway within the City limit by any person who does not possess the appropriate valid driver’s license or permit.

c.  It shall be a non-minor traffic violation when there is property damage or personal injury that results from a violation of this Section.

d.  If the offense occurs in a school zone, it shall be a non-minor traffic violation.

e.  When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 10 – Driver’s license

a.  No person, except a person expressly exempt by law, shall drive or operate any motor vehicle upon any roadway within the City limit unless such person has a valid driver’s license that is in compliance with the conditions of his driver’s license as to the type of vehicle operated and other restrictions placed upon the license by the state licensing agency.

b.  It is a non-minor traffic violation when there is property damage or personal injury and this is a second conviction of or guilty plea by any individual for driving without a valid license; or for third and subsequent convictions or guilty pleas whether or not there is property damage or personal injury.

c.  If the offense occurs in a school zone, it shall be a non-minor traffic violation.

d.  When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 11 – Driving while revoked or suspended

No person shall drive or operate any motor vehicle upon any roadway within City limits whose license, right or privilege to operate a motor vehicle is currently suspended or revoked by this or any other jurisdiction.

SECTION 12 – Financial Responsibility

a.  No person owning a motor vehicle shall operate the vehicle or authorize any other person to operate the vehicle unless the owner maintains the required financial responsibility.

b.  No person shall operate a motor vehicle owned by another with the knowledge the owner has not maintained financial responsibility unless the person has financial responsibility that covers his operation of the other’s vehicle.

c.  No person shall operate a motor vehicle upon the roadways or public rights-of-way within the City limits without an insurance identification card in the motor vehicle at all times. The operator of a motor vehicle shall exhibit the insurance identification card on the demand of any law enforcement officer who lawfully stops the operator while that officer is engaged in the performance of the duties of his office. If the operator fails to exhibit a valid insurance card for the motor vehicle, it shall be deemed to be prima facie evidence of the failure of the operator to maintain the required financial responsibility.

d.  Insurance identification cards shall include the following information:

1)         The name and address of the insurer;

2)         The name of the named insured;

3)         The policy number;

4)         The effective dates of the policy, including month, day and year;

5)         A description of the insured motor vehicle including year and make, or at least 5 digits of the vehicle identification number, or the word “fleet” if the insurance policy covers 5 or more motor vehicles;

6)         The statement: “This card must be carried in the insured motor vehicle for production upon demand” prominently displayed on the card, or in the event the operator of the motor vehicle shall be self-insured the insurance identification card shall include the following information:

(a)        Name of the self-insurer;

(b)        The word “SELF-INSURED;”

(c)        The statement: “This card must be carried in the self-insured motor vehicle for production upon demand” prominently displayed on the card.

e.  A motor vehicle liability insurance policy, a motor vehicle liability insurance binder or receipt that contains the policy information that is required on an insurance identification card or other satisfactory proof of financial responsibility shall constitute evidence of financial responsibility in lieu of an insurance identification card.

f.  It is a non-minor traffic violation for failure to have insurance or failure to provide proof of insurance when there is property damage or personal injury.

g.  If the offense occurs in a school zone, it shall be a non-minor traffic violation.

h.  When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 13 – Careful, prudent driving required

a.  Every person operating a motor vehicle on the roadway of the City or upon the streets, drives and parking areas of the Rich Hill School District shall drive the vehicle in a careful and prudent manner; shall exercise the highest degree of care; and shall drive at a rate of speed, taking into consideration such factors including, but not limited to, road conditions, weather conditions and traffic, so as not to endanger his or her or the property of another or his or her life or limb or the life or limb of any other person.

b.  If this violation results in property damage or injury to any person, it shall be a non-minor traffic violation.

c.  If the offense occurs in a school zone, it shall be a non-minor traffic violation.

d.  When the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 14 – Speed limits

1. The speed limit shall not exceed 10 miles per hour on all alleys or alley ways.

1. The speed limit shall not exceed 25 miles per hour on all City roadways unless otherwise posted.

1. The speed limit in all school zones on school days when children are present shall not exceed 20 miles per hour.
2. The speed limit posted on state roads and highways within the city limits that are authorized or set by the State Highways and Transportation Commission, is and shall be the speed limit adopted by this Section unless an increase or reduction in speed designed to expedite the flow of traffic on such state roads and highways has been approved by the Commission.
3. It is a rebuttable presumption that the posted speed limit is the legal speed limit.
4. The use of and results determined by any speed meter machine or mechanism shall be accepted as evidence in the Court where driving in excess of posted speed limit is the violation being prosecuted, except the use thereof shall not exclude any competent evidence secured by other means.

1. Every complaint or uniform traffic citation when the charge is a violation of any speed regulation, the speed at which the defendant is alleged to have driven and the speed limit applicable at the location of such alleged violation shall be specified.
2. Speeding in excess of 19 miles or more over the posted speed limit is a non-minor traffic violation.
3. Regardless of speed, if the offense occurs in a school zone, it shall be a non-minor traffic violation.
4. Regardless of speed, when the offense occurs, if the driver of the vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 15 – All-terrain vehicle requirements

a.  To operate an all-terrain vehicle within the City limits the following requirements shall be met:

1)         Any individual operating an all-terrain vehicle shall have a valid operator’s or chauffeur’s license,   but is not required to pass an examination for the operation of a motorcycle; except a physically disabled person shall not be required to have a valid operator’s or chauffeur’s license;

2)         Any individual operating an all-terrain vehicle shall provide proof of financial liability insurance pursuant to Missouri Revised Statute § 303.160 or provide proof of any other insurance providing equivalent liability for the all-terrain vehicle;

3)         Any individual operating an all-terrain vehicle shall be at least 18 years old;

4)         The all-terrain vehicle shall be operated at a speed not to exceed 25 miles per hour;

5)         Any individual operating an all-terrain vehicle during daylight hours shall use signals given by means of hand and arm, a signal light or signal device in good mechanical condition as approved by the State Highway Patrol pursuant to Missouri Revised Statute § 340.190

6)         The all-terrain vehicle shall have a bicycle safety flag that extends at least 7 feet above the ground attached to the rear of the vehicle; the flag shall be day-glow colored and shall be triangular shaped, with an area of at least than 30 square inches;

7)         Every person operating an all-terrain vehicle on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

b.  If operation of an all-terrain vehicle results in property damage or injury to any person, it shall be a non-minor traffic violation.

c.  If any all-terrain vehicle is involved in an accident resulting in loss of life, personal injury or damage to property and the operator has knowledge of such accident, he shall stop and give his name and address, the name and address of the owner thereof and the registration number of the all-terrain vehicle to the injured person or the person sustaining the damage or to a police officer. If no police officer or the person sustaining the damage is not present at the place where the damage occurred, then the operator shall immediately report the accident, as soon as he is physically able, to the nearest law enforcement agency.

d.  If the operator of an all-terrain vehicle is required to have a valid driver’s license and that operator’s license becomes suspended or revoked, it shall be a non-minor traffic violation.

e.  If the offense occurs in a school zone, it shall be a non-minor violation.

f.  When the offense occurs, if the driver of the all-terrain vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 16 – Utility vehicle requirements

a.  Requirements for operating a utility vehicle within the city shall be as follows:

1)         Any individual operating a utility vehicle shall have a valid operator’s or chauffeur’s license, but is not required to pass an examination for the operation of a motorcycle, except a handicapped person shall not be required to have a valid operator’s or chauffeur’s license;

2)         Any individual operating a utility vehicle shall provide proof of financial responsibility pursuant to Missouri Revised Statute § 303.160 or proof of any other insurance providing equivalent liability for the utility vehicle;

3)         The utility vehicle shall be operated at a speed not to exceed 25 miles per hour;

4)         Any individual operating a utility vehicle during daylight hours shall use signals given by means of hand and arm, a signal light or signal device in good mechanical condition as approved by the State Highway Patrol pursuant to Missouri Revised Statute § 304.190.

5)         The utility vehicle shall have a bicycle safety flag, which extends not less than 7 feet above the ground, attached to the rear of the vehicle; the flag shall be day-glow colored and shall be triangular shaped, with an area not less than 30 square inches.

6)         Every person operating a utility vehicle on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

b.  If operation of a utility vehicle results in property damage or injury to any person, it shall be a non-minor traffic violation.

c.  If any utility vehicle is involved in an accident resulting in loss of life, personal injury or damage to property and the operator has knowledge of such accident, he shall stop and give his name and address, the name and address of the owner thereof and the registration number of the or other identifying information of the utility vehicle to the injured person or the person sustaining the damage or to a police officer. If no police officer or the person sustaining the damage is not present at the place where the damage occurred, then the operator shall immediately report the accident, as soon as he is physically able, to the nearest law enforcement agency.

d.  If the operator of a utility vehicle is required to have a valid driver’s license and that operator’s license becomes suspended or revoked, it shall be a non-minor traffic violation.

e.  If the violation occurs within a school zone, it shall be a non-minor traffic violation.

f.  When the offense occurs, if the driver of the utility vehicle is found to be driving while intoxicated, under the influence of drugs or with an excessive blood-alcohol content, it shall be a non-minor traffic violation.

SECTION 17 – Accidents, accident reports, leaving the scene of an accident

a.  Every person driving a motor vehicle upon the roadways of the City knowing that an injury has been caused to any person or damage has been caused to property due to his operation of the vehicle shall promptly stop and shall not leave the scene of such injury, damage or accident without proving the following information:

1)         The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property that is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his driver’s license or permit to drive to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident.

2)         The driver shall give such information and, upon request, exhibit his license or permit to drive to any police officer at the scene of the accident who is investigating the accident; and

b.  Duty upon striking unattended vehicle or other property

The driver of any vehicle that collides with or is involved in an accident with any vehicle or other property that is unattended, resulting in any damage to the other vehicle or property, shall:

1)         immediately stop and either locate and notify the operator or owner of the damaged vehicle or other property of his name, address and the registration number of the vehicle he is driving; or

2)         shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address and the registration number of the vehicle he is driving; and

3)         without unnecessary delay, notify the police department.

4)         Every such stop shall be made without obstructing traffic more than is necessary.

c.  False reports

A person shall not give information in oral or written reports, as required in this Section or Missouri Revised Statutes §§ 300.110 through 300.115, knowing or having reason to believe that such information is false.

SECTION 18 – Driving while intoxicated or driving with excessive blood alcohol content.

a.  Driving while intoxicated. A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition. If there was eight-hundredths of one percent (.08) or more by weight of alcohol in the person’s blood, it shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

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

c.  Percent by weight of alcohol shall have the same meaning as provided by Missouri Revised Statute § 577.012.

d.  Procedure on arrest. Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:

1)         As soon as practicable following such arrest, the police department shall obtain the driving record of the person arrested.

2)         No person who has 3 or more prior convictions for driving while intoxicated or driving with excessive blood alcohol content within 5 years of the date of the present alleged offense shall be prosecuted through the municipal court until after the state prosecuting attorney has had the opportunity to review the case and consider filing appropriate state charges.

3)         No person, regardless of his prior conviction record, shall be prosecuted through the municipal court where it appears possible that a charge of involuntary manslaughter (Missouri Revised Statute § 566.024) might be sustained until after the state prosecuting attorney has had the opportunity to review the case and to consider filing appropriate charges.

4)         In all other cases, the City prosecuting attorney shall have the discretion to file the appropriate charge with the municipal court or he may refer the case to the state prosecuting official.

5)         The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this subsection shall not invalidate any prosecution or be cause to overturn any conviction for violations of subsection a or b above, but may be reason for discipline of the city official(s) violating this section.

e.  Procedure in municipal court. No person charged with driving while intoxicated or driving with excessive blood alcohol content shall have his case heard in municipal court except in accordance with the following procedure:

1)         The defendant shall either be represented by an attorney or shall voluntarily waive his right to such representation by execution of a written waiver. If the defendant chooses to do neither (or if because he is an indigent or is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the state prosecuting official. Only if the state prosecuting official declines to proceed with a state criminal prosecution shall the municipal prosecution be resumed.

2)         Neither the municipal judge nor any other municipal official shall have the power to revoke any operator’s or chauffeur’s license.

f.  Additional Penalty. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence unless such person is placed on probation for a minimum of 2 years.

SECTION 19 – Fleeing or attempting to elude a police officer

a.  It shall be unlawful for the driver of a motor vehicle to willfully fail or refuse to bring his vehicle to a stop, or otherwise flee or attempt to elude a pursuing police vehicle, when given visual or audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.

b.  If, after notice of the intention to arrest, the defendant either flees, attempts to flee or forcibly resists, the officer may use all necessary means to affect the arrest.

SECTION 20  – School bus regulations defining when drivers shall stop for a school bus, required signage and crossing control arm, school bus driver responsibilities, driver identity rebuttable presumption, additional penalties

a.  Driver of other vehicles required to stop

The driver of a vehicle upon a street or highway upon meeting or overtaking from either direction any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school children and when the school bus driver has given the signal to stop as required in this ordinance, shall stop the vehicle before reaching the school bus and shall not proceed until the school bus resumes motion or until signaled by the school bus driver to proceed.

b.  School bus signage

1)         Every bus used for the transportation of school children shall bear upon the front and rear a plainly visible sign containing the words “SCHOOL BUS” in letters not less than eight inches high.

2)         Each bus shall have lettered on the rear in plain and distinct type the following: “State Law: Stop while bus is loading and unloading.”

3)         Each school bus shall be equipped with a mechanical and electrical signaling device approved by the state board of education that will display a signal plainly visible from the front and rear, indicating the school bus driver’s intention to stop.

c.  Crossing control arm

Every school bus operated to transport school children shall be equipped with a crossing control arm.  The crossing control arm, when activated, shall extend a minimum of five feet six inches from the face of the front bumper.  The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls that activate the mechanical and electrical signaling devices described in subsection b above.

d.  School bus driver’s responsibilities

1)         The driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the state board of education, to communicate to drivers of other vehicles that students are loading or unloading.

e.  Missouri Revised Statute § 304.050 states:

A public school district shall have the authority pursuant to this section to adopt a policy which provides that the driver of a school bus in the process of loading or unloading students upon a divided highway of 4 or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution, and in such case, the driver of a vehicle may proceed past the school bus with due caution.  No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of 4 or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two lanes of traffic; nor shall any passengers be taken on or discharged while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least 500 feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than 60 miles per hour and at least 300 feet in each direction to drivers of other vehicles upon other highways, and on all highways, only for such time as is actually necessary to take on and discharge passengers.

This provision is not applicable to the City as there is no divided highway of 4 or more lanes within the City limit at which there is an authorized school bus stop.

f.  Missouri Revised Statute § 304.050 states:

The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, or which is proceeding in the opposite direction on a highway containing 4 or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

This provision is not applicable to the City as there are no streets or highways with separate roadways that contain 4 or more lanes of traffic or loading zones constituting part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway at which there is an authorized school bus stop.

g.  The driver of any school bus driving upon the streets or highways after loading or unloading school children shall remain stopped if the bus is followed by 3 or more vehicles, until such vehicles have been permitted to pass the school bus if the conditions prevailing make it safe to do so.

h.  Rebuttable presumption

1)         If any peace officer or school bus driver witnesses a violation of the provisions of this ordinance and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation.

2)         In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners.

3)         If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.

4)         No prosecuting authority may bring any legal proceedings against a rental or leasing company under this ordinance unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within 15 of receipt of such notice.

i.  Additional Penalty

1)         In addition to the penalties set forth in Section 2 of this Ordinance, the Court may suspend the driver’s license of any person who violates the provisions of this Ordinance.   If ordered by the Court, the Director shall suspend the driver’s license for 90 days for a first offense and 120 days for a second or subsequent offense of this Ordinance.  Prosecution of any person who violates this Ordinance, when the violation results in the injury or death of any child, shall be by the state prosecuting attorney.

2)         Any appeal of a suspension imposed under this Section shall be as a direct appeal of the court order and subject to review by the presiding judge of the Circuit Court or another judge within the circuit other than the judge who issued the original order to suspend the driver’s license.    Any suspension of the driver’s license ordered by the Court under this Section shall be in addition to any other suspension that may occur as a result of the conviction pursuant to other provisions of law.

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

This ordinance shall be effective upon the date of its passage and approval. [i]

1^ST READING on this the 11^th day of April 2017.

2^ND READING on this the 11^th  day of April 2017.

This Ordinance was read, passed, and approved this 11^th day of April 2017.

Attest:

_______________________________

Jennifer Perkey-Ewing, Mayor                                   Ayes: Humble, Pilcher, Rich, Robb

_______________________________

Brittany Schenker, City Clerk                                      Nays: None

[i] For informational purposes, this ordinance updates, supplements, and in some instances, repeals and replaces the following ordinances: Ordinance No. 1625, enacted December 13, 2016 (Regulations, Prohibitions and Penalty Provisions for Violation Thereof for All-Terrain Vehicle Operation Within Rich Hill, Missouri); repealed and replaced Ordinance No. 1615, enacted September 9, 27, 2016; repealed and replaced Ordinance No. 1526, enacted September 22, 2015; which repealed and replaced Ordinance No. 1328, enacted November 11, 2008.

Ordinance No. 1605, enacted June 14, 2016 (Defining When Drivers Shall Stop for a School Bus, the Required Signage and Crossing Control Arm on a School Bus, School Bus Driver Responsibilities; Driver Identity Rebuttable Presumption and Penalty Provision).

Ordinance No. 1378, enacted April 10, 2012 (Regulating the Operation of Motor Vehicles in the City of Rich Hill, Missouri – includes driving in a careless and imprudent manner, speeding, driving while intoxicated or under the influence of drugs, leaving the scene of an accident,  failure to yield); repealed and replaced Ordinance No. 1362, enacted May 13, 2011; repealed and replaced Ordinance No. 1275, enacted October 24, 2006; repealed and replaced Ordinance No. 1180, enacted February 25, 2006; repealed and replaced Ordinance No. 1148, enacted July 23, 2002, which repealed all of the following ordinances at the same time:  Ordinance No. 1013, enacted June 9, 1992; Ordinance No. 0784, enacted September 8, 1970; Ordinance No. 0760, enacted January 26, 1971; and Ordinance No. 0724, enacted June 11, 1968.

Ordinance No. 1104, enacted June 13, 2000 (Driving while license cancelled, revoked or suspended).

Ordinance No. 1625, enacted December 13, 2016 (Regulations, Prohibitions and Penalty Provisions for Violation Thereof for All-Terrain Vehicle Operation Within Rich Hill, Missouri); repealed and replaced Ordinance No. 1615, enacted September 9, 27, 2016; repealed and replaced Ordinance No. 1526, enacted September 22, 2015; which repealed and replaced Ordinance No. 1328, enacted November 11, 2008.

Ordinance No. 1637, enacted January 10, 2017 (Regulations, Prohibitions and Penalty Provisions for Violation Thereof for Operation of Utility Vehicles Within Rich Hill, Missouri); repealed and replaced Ordinance No. 1624, enacted December 13, 2016; repealed and replaced Ordinance 1616, enacted September 27, 2016.

For informational purposes, authority for various provisions of this ordinance can be found in the following Missouri Revised Statutes:

• 577.060 (Leaving the scene of an accident); § 304.050 (School bus equipment and passing regulations); § 302.321 (Driving while license is suspended or revoked); § 577.010 (Driving while intoxicated); § 577.012 (Driving with excessive blood alcohol content); § 304.050 (School bus regulations). See also the statutory references set forth in the end note of Ordinance No. 1647, Minor Traffic Regulations, enacted March 31, 2017.

AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF RURAL FIRE PROTECTION SERVICES TO PROPERTY OWNERS AND RESIDENTS OUTSIDE THE CITY LIMITS OF RICH HILL, MISSOURI

______________________________________________________________

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

SECTION 1 – Purpose

The purpose of this Ordinance is to provide rural fire protection services to certain property owners and residents outside the corporate limits of the City of Rich Hill.

SECTION 2 – Definitions

Commercial building – Any building used for commercial use and/or business activities that is not considered or used as a dwelling

Dwelling – A structure or a discrete space within a structure intended for people to live in or where a person or group of people live

• A structure that people actually live in is a dwelling regardless of its intended purpose
• A vacant structure is only a dwelling if intended for human residence
• A dwelling may include one or more rooms used as an office or workshop provided the dwelling is in residential use

Habitable – A residence that is safe and can be occupied in reasonable comfort. The premises should be closed against the weather, provide running water, access to decent toilets and bathing facilities, heating and electricity

Improvements – Enhancements to a tract of land such as driveways, fencing, parking spaces, pavement, walls and outbuildings (does not include a habitable dwelling)

Membership Dues – Dues that are set by the City to provide fire protection services in lieu of assessing a charge for fire protection services actually performed

Member – Any resident that has paid membership dues as set forth in this Ordinance

Non-member – Any resident that has not paid membership dues as set forth in this Ordinance

Property Owner – Any person owning and/or renting property within the unincorporated district/boundaries of the Rich Hill Fire Department

Tract – A large area of land that runs continuously without being divided by a road or river

SECTION 3 – City to furnish equipment and personnel

The City shall furnish fire-fighting equipment and personnel from the Rich Hill Fire Department to property owners and residents of Bates County whose property has current boundaries on file with the County Commission.

SECTION 4 – Membership Fees

The City shall sell memberships to persons residing or owning real property whose property has current boundaries on file with the County Commission and whose residence or property is easily accessible by a road.  In the event the City determines the property to not easily accessible by a road, the City reserves the right to terminate the membership, and the membership fee shall be refunded.

SECTION 5 – Availability

Rural fire protection services shall be available only for real property that has current boundaries on file with the County Commission and for which the owner or resident has purchased a current membership from the City.  The City, at its discretion may dispatch fire-fighting equipment and personnel from the City Fire Department to fires outside the city limits involving churches, schools, buildings for community services group meetings or for a life-threatening fire even if memberships for such locations have not been purchased.

SECTION 6 – Fees for membership

a.  Commercial building                                             $110.00

b.  Each habitable dwelling                                        $  80.00

c.  A tract of land with improvements                     $  50.00

other than a dwelling

d.  A tract without improvements when the          $  40.00

member has a current membership under

subsection (a), (b), or (c).

e.  A track without improvements when the         $  50.00

member does not have a current membership

under subsection (a), (b), or (c).

Fees are for each commercial building, each dwelling and/or each tract of land for which there is to be rural fire protection services.

SECTION 7 – Terms, late fees

a.  The membership fee provides fire protection services as provided for a period beginning September 1 and terminating August 31 of the following year.

b.  Membership fees shall be payable on or before the 1^st day of September in each year.

c.  After September 1, the City Clerk shall assess a penalty for late payment equal to 1 ½ percent of the total fee for each month or part of month thereafter.

SECTION 8 – Prorating services

a.  Notwithstanding the preceding Section, membership fees shall be prorated if purchase of a new membership occurs after September 30^th in any year.

b.  Membership fees shall be 1/12 of regular fee for each full month remaining until September 1, and membership will begin on the first day of the month following payment.

SECTION 9 – Liability of non-member

a.  Whenever the fire department or personnel of the City Fire Department are dispatched to respond to any fire, chemical spill or motor vehicle accident or upon the real property of a non-member, the non-member shall be liable for the cost of the response.

b.  Such fee shall be paid by the non-member to the City at the rate of $250.00 per hour or part of an hour from the time the Fire Department is called to the scene until the Fire Department leaves the scene.

c.  In the event the non-member is insured by any policy or contract of insurance that might provide coverage for such event, the City shall submit a statement for its services to the insurance company of the non-member.

SECTION 10 – Request for fire service

The Fire Chief or his authorized representative shall have the discretion to determine the type and amount of fire equipment and personnel necessary to respond to the request.

SECTION 11 – Dispatch to a rural fire

a.  Fire-fighting equipment and personnel dispatched shall be dispatched outside the City limits only when the equipment and personnel are not needed within the City.

b.  In the event the equipment and personnel are needed within the City while the equipment and personnel are on a rural fire call, the Fire Chief or his authorized representative, at his discretion, may immediately recall the equipment and personnel to the City.

SECTION 12 – Transferability

The membership shall be transferable only to a subsequent purchaser of the real property for which the membership was purchased.

SECTION 13 – Right of refusal

The City shall have the right to refuse or reject any application for membership or deny the renewal of any membership.

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

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

1^ST READING ON THIS THE 11^TH DAY OF APRIL 2017

2^ND READING ON THIS THE 11^TH DAY OF APRIL 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 11^TH DAY OF APRIL 2017.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

_____________________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich, Robb

Nays: None

[i] For informational purposes, this Ordinance repeals and replaces the following:   Ordinance No. 1504, enacted June 9, 2015.

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

______________________________________________________________

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

SECTION 1 – Appointments

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

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

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

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

SECTION 2– Fire Chief and Volunteer Fireman Qualifications

All volunteers shall:

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

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

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

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

SECTION 3 -Volunteer First Responder Qualifications

All volunteers shall:

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

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

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

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

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

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

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

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

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

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

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

d.  Definitions

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

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

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

SECTION 5 – Duties and Responsibilities of the Fire Chief

The Fire Chief shall:

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

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

c.  Oversee the use and care of equipment;

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

e.  Maintain a running inventory of all equipment;

f.  Provide the Mayor with monthly activity reports;

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

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

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

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

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

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

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

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

SECTION 6 – General Rules for Volunteer Firemen and First Responders

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

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

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

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

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

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

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

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

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

j.  First Responders shall have 17volunteers.

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

SECTION 7 – Billing 

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

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

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

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

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

First reading: April 11, 2017

Second reading: April 11, 2017

APPROVED THIS 11^th DAY OF APRIL 2017

Attest:

__________________________     ___________________________

Jennifer Perkey-Ewing                                            Brittany Schenker

Mayor                                                                          City Clerk

Ayes: Humble, Pilcher, Rich, Robb                        Nays:

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

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

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

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

SECTION 1 – Definition

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

 SECTION 2 – Burning Restrictions  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 SECTION 4 – Location and exceptions

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

b.  Exceptions:

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

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

SECTION 5 – Burn Ban

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

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

SECTION 6 – Enforcement

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

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

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

SECTION 7 – Obstruction of Duties

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

SECTION 8 – Penalty

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

SECTION 9 – Responsibility

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

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

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

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

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

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

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

________________________________                Ayes: Humble, Pilcher, Robb, Rich

Jennifer Perkey-Ewing, Mayor

ATTEST:

________________________________                    Nays: None

Brittany Schenker, City Clerk

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

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

______________________________________________________________

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

SECTION 1 – Definitions

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

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

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

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

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

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

SECTION 3 – Prohibitions, exceptions

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

b.  Exceptions:

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

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

SECTION 4 – Police may enter private property to enforce

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

SECTION 5 – Penalties

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

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

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

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

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

________________________________                 Ayes: Humble, Pilcher, Robb, Rich

Jennifer Perkey-Ewing, Mayor

ATTEST:

________________________________                    Nays: None

Brittany Schenker, City Clerk

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

 AN ORDINANCE SETTING FORTH VIOLATION CONCERNING THE GREENLAWN CEMETERY

______________________________________________________________

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

 SECTION 1 – Prohibitions

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

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

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

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

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

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

SECTION 2 – Penalty

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

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

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

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

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

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: HUMBLE, PILCHER, ROBB, RICH

Nays: NONE

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

AN ORDINANCE ESTABLISHING A PROCUREMENT POLICY FOR CITY OF RICH HILL

______________________________________________________________

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

SECTION 1 – Competitive Bidding   

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

SECTION 2 – Notice Defined  

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

SECTION 3 – Bid Opening Procedure   

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

SECTION 4 – Lowest Responsible Bidder   

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

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

SECTION 5 – Justification of Award   

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

SECTION 6 – Tie Bids    

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

SECTION 7 – Open Market Procedure   

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

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

SECTION 8 – Gifts and Rebates   

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

SECTION 9 – Emergency Purchases     

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

SECTION 10 – Cooperative Procurement 

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

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

ATTEST:

__________________________      __________________________

Jennifer Perkey-Ewing, Mayor                    Brittany Schenker, City Clerk

Ayes: HUMBLE, PILCHER, ROBB, RICH

Nays: NONE

[i]

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

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

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

______________________________________________________________

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

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

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

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

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

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

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

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

PASSED THIS 14^th DAY OF FEBRUARY 2017.                                                                    ___________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

___________________________________

Brittany Schenker, City Clerk

Ayes: Rich, Robb, Pilcher, Humble

Nays: None

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