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

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

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

Section 1.  Definitions.

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

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

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

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

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

Section 2.  License required.

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

Section 3.   Qualification for license.

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

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

C.

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

Section 4.  Classification of licenses and annual fees.

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

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

Section  5.  Separate permits required.

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

Section 6.  Original package not to be broken.

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

Section 7.   Hours of sales.

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

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

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

Section 8.  Resorts.

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

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

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

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

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

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

 Section  9.  Restaurant Bars.

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

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

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

Section 10.  Tasting license.

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

Section 11.  Sales prohibited near schools and churches.

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

Section 12.  Number of licenses for retail sale limited.

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

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

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

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

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

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

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

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

Section 13.  License non-transferable; exceptions:

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

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

Section 14.  Minors – employment of.         

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

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

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

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

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

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

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

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

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

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

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

Section 17.  Misrepresentation of age by minor.

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

Section 18.  Possession while on public property.

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

Section 19.  Loitering by minors.

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

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

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

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

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

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

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

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

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

Section 21.  Suspension or revocation.

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

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

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

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

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

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

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

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

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

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

(g) Penalty.

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

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

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

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

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

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

Section 23.   Minors-abuse and lose.

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

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

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

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

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

Section 24.   Penalties

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

Section 25.   Voter approval of license fees.

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

Section 26.  Repeal of conflicting ordinances.

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

 Section 27.  Effect of partial invalidity.

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

Section  28.  Effective date.

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

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

________________________________

Jennifer Perkey-Ewing

MAYOR

ATTEST:

_________________________________

Brittany Schenker

CITY CLERK

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i]

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

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

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

________________________________________________________

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

ARTICLE I– DANGEROUS BUILDINGS

Section 1 – Definitions.

Section 2 – Purpose

Section 3 – Dangerous buildings.

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

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

Section 6 – Liability.

Section 7 – Penalty.

Sections 8 through 12 reserved

ARTICLE II – DANGEROUS BUILDING ABATEMENT

Section 13 – Notice.

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

Section 15 – Disregarding notices.

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

Section 17 – Findings.

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

Section 19 – Appeal.

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

Section 21 – Payment of costs.

Section 22 – Insurance proceeds from damage or loss.

Section 23 – Violations and penalties.

ARTICLE I – DANGEROUS BUILDINGS

Section 1 – Definitions

Section 2 – Purpose

Section 3 – Dangerous buildings.

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

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

Section 6 – Liability.

Section 7 – Penalty.

Section 1 – Definitions

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

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

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

Chief of Police:  Shall include his authorized representative

City Superintendent:  Shall include his authorized representative

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

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

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

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

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

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

Section 2 – Purpose.

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

Section 3 – Dangerous buildings or structures defined.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The City Superintendent or the Chief of Police:

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

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

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

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

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

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

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

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

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

Section 6 – Liability.

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

Section 7 – Penalty.

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

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

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

ARTICLE II

DANGEROUS BUILDING ABATEMENT PROCEDURES AND COLLECTION OF COSTS OF ABATEMENT

Section 13 – Notices

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

Section 15 – Disregarding notices.

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

Section 17 – Findings.

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

Section 19 – Appeal.

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

Section 21 – Payment of costs.

Section 22 – Insurance proceeds from damage or loss.

Section 13 – Notice.

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

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

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

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

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

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

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

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

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

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

Section 15 – Disregarding notices.

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

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

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

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

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

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

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

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

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

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

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

Section 17 – Findings.

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

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

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

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

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

C. Salvage:

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

Section 19 – Appeal.

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

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

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

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

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

C. The statement and certificate shall set forth:

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

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

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

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

Section 21 – Payment of costs.

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

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

Section 22 – Insurance proceeds from damage or loss.

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

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

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

Section 23 – Violations and penalties.

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

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

(c)  Fines and penalties for offenses.

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

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

 

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

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

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

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

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

1^ST READING 10^TH DAY OF JANUARY 2017

2^ND READING 10^TH DAY OF JANUARY 2017

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

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

AN ORDINANCE TO DEFINE ABANDONED PROPERTY AND JUNK; GENERAL REQUIREMENTS; ABATEMENTAND PENALTY

________________________________________________________

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

ABANDONED PROPERTY AND JUNK

 Section 1 – Definitions

Section  2 – Prohibitions and penalty.

Section  3 – Towing of abandoned property on public real property.

Section 4 – Towing of abandoned property on private real property authorized by Police Department.

Section 5- Towing of abandoned property authorized by owner, lessee of property or security manager without police authorization; requirements of owner, lessee, property or security manager; requirements of tow companies; requirements of city police department.

Section 6 – Crime inquiry and inspection report.

Section 7 – Notice to owner and lienholder.

Section 8 – City liability.

Section 9 – Real property owner liability.

Section 10 – Tow company liability.

Section 11 – Maximum charges; penalty.

Section 12 – Payment of charges by owner.

Section 13 – Reclaiming property.

Section 14 – Lienholder repossession.

Section 15 -Towing and storage liens; notice to owner and lienholder of abandoned property; search of abandoned property; application for title; compliance with state law.

Section 16 – Hearing.

Section 17 – Sale of abandoned property by City.

SECTION 1 – Definitions

Abandoned Property:   Any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in this Ordinance and pursuant to Missouri Revised Statutes §§ 304.155 and 304.157, whether or not operational.  Any vehicle towed from the scene of an accident and not retrieved by the vehicle’s owner within 5 days of the accident.

Chief of Police:  Shall include his authorized representative

City Superintendent:  Shall include his authorized representative

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

A. Any 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; or any abandoned property, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours.

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

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

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

E. 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.

F. 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 of the last owner(s) of record of a vehicle, vessel or trailer found abandoned and not shown to be transferred pursuant Missouri Revised Statute §§ 301.196 and 301.197 shall be deemed prima facie evidence of ownership of the vehicle, vessel or trailer at the time it was abandoned and the person who abandoned the vehicle, vessel or trailer or caused or procured its abandonment. The registered owner of the abandoned vehicle, vessel or trailer shall not be subject to the penalties provided by this ordinance if the vehicle, vessel or trailer was in the care, custody or control of another person at the time of the violation.  In such instance, the owner shall submit that evidence in an affidavit permitted by the court setting forth the name, address and other pertinent information of the person who leased, rented or otherwise had care, custody or control of the vehicle, vessel or trailer at the time of the alleged violation.

SECTION 2 – Prohibitions and penalty.

A. Abandoned property prohibited. No person shall abandon any vehicle or property on the right-of-way of any public road or state highway or on any private real property owned by another without his consent.

B. Open storage of damaged or disabled vehicles and junk or public safety hazards prohibited. The open storage of damaged or disabled vehicles and junk or other vehicles deemed by the City to constitute a nuisance or public safety hazard is prohibited. Damaged, disabled or unlicensed vehicles on private property shall not be cited for a violation so long as all weeds, debris, pools of water are kept from around and under the vehicle and the vehicle is not resting on blocks, bricks or other device except for inflated vehicle tires; and further, the vehicle shall be covered from view by a secured tarpaulin or other waterproof material; and so long as there is no more than one damaged, disabled or unlicensed vehicle on the private property.  Nothing in this subsection shall apply to a vehicle that is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable ordinances.

C. Obstructing the flow of traffic prohibited. Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle that for any reason obstructs the regular flow of traffic on the roadway of any public road or state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

D. Penalty. Any person who fails to comply with the requirements of this Ordinance, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 90 days or a combination of both fines and imprisonment.

SECTION 3 – Towing of abandoned property on public real property.

A. Any law enforcement officer of the Rich Hill Police Department, where the City’s real property is concerned, may tow or may authorize a towing company to remove to a place of safety:

1. Any abandoned property on the right-of-way of any state highway, or interstate highway or freeway left unattended for more than 48 hours, provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this section to a place of safety until the owner or owner’s representative has had a reasonable opportunity to contact a towing company of choice;
2. Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;
3. Any abandoned property that has been abandoned under Section 3 or Missouri Revised Statute § 577.080;
4. Any abandoned property that has been reported as stolen or taken without consent of the owner;
5. Any abandoned property for which the person operating the property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property’s timely removal;
6. Any abandoned property due to any other state law or city ordinance that is subject to towing because of the owners’ outstanding traffic or parking violations;
7. Any abandoned property left unattended in violation of a state law or city ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

B. When the Police Department authorizes a tow pursuant to this Section and the abandoned property is moved from the immediate vicinity, the Police Department shall complete a crime inquiry and inspection report.

C. The Police Department and any police officer having custody of abandoned property under this Article shall not be liable for any damage to the abandoned property occasioned by a removal authorized by this Section, other than damages occasioned by negligence or by willful or wanton acts or omissions.

 SECTION 4 – Towing of abandoned property on private real property authorized by Police Department.

A. The Police Department may tow motor vehicles from private real property that are:

1. deemed a public nuisance or safety hazard pursuant to Section 3; or
2. derelict, junk, scrapped, disassembled or otherwise harmful to the public health.

B. If a person abandons property on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any city police officer may authorize a towing company to remove the abandoned property from the real property in the following circumstances:

1. The abandoned property is left unattended for more than 48 hours; or
2. In the judgment of the police officer, the abandoned property constitutes a public nuisance, safety hazard or unreasonably interferes with the use of the real property by the person in possession.

SECTION  5 – Towing of abandoned property authorized by owner, lessee or security manager without police authorization; requirements of owner, lessee, or security manager; requirements of tow companies; requirements of city police department.

A. The owner of real property, lessee in lawful possession of the real property or security manager of the real property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a law enforcement officer only when the owner, lessee or security manager of the real property is present. A security manager must be a full-time employee of a business entity. An authorization to tow pursuant to this Section may be made only under any of the following circumstances:

1. Sign. There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches, with lettering not less than one 1 inch high, prohibiting public parking and indicating that unauthorized abandoned property or property parked in a restricted or assigned area will be removed at the owner’s expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local law enforcement agency where information can be obtained or a 24-hour staffed, emergency information telephone number where the owner of the abandoned property or property parked in a restricted or assigned area may call to receive information regarding the location of the owner’s property; or
2. Unattended on owner-occupied residential property. The abandoned property is left unattended on owner-occupied residential property with 4 residential units or less and the owner, lessee or security manager has notified the Police Department, and 10 hours have elapsed since that notification; or
3. Unattended on other private real property. The abandoned property is left unattended on private real property, and the owner, lessee or security manager has notified the Police Department, and 96 hours have elapsed since that notification.

B. Any owner, lessee in lawful possession or security manager of real property that requests a towing company to tow abandoned property without authorization from a police officer shall at that time complete an abandoned property report, which shall be considered a legal declaration subject to criminal penalty pursuant to Missouri Revised Statute § 575.060. The crime inquiry and inspection report shall be in the form designed, printed and distributed by the Missouri Director of Revenue and shall contain the information set forth in Section 5, including but not limited to:

1. A description of any damage to the abandoned property noted by owner, lessee or security manager;
2. The physical location of the property and the reason for requesting the property to be towed;
3. The printed name, address and telephone number of the owner, lessee or security manager;
4. The signature of the owner, lessee or security manager attesting to the facts that the property has been abandoned for the time required by this Section and that all statements on the report are true and correct to the best of the person’s knowledge and belief and that the person is subject to the penalties for making false statements;
5. Space for the name of the law enforcement agency notified of the towing of abandoned property and for the signature of the law enforcement official receiving the report; and

C. Any towing company which tows abandoned property without authorization from the Police Department pursuant to Section 4.a(2) shall deliver a copy of the abandoned property report to the Police Department. The copy may be produced and sent by facsimile machine or other device that produces a near exact likeness of the print and signatures required, but only if the Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose; provided, however, towing companies are not required to be registered for such purposes with the city police department so long as the city is located either within a third or fourth class county. The report shall be delivered within 2 hours if the tow was made from a signed location pursuant to Section 4.a (1); otherwise, the report shall be delivered within 24 hours.

D. Except for the removal of abandoned property authorized by the Police Department pursuant to this Section, a towing company shall not remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real property owner, a lessee or the security manager. All written authorizations shall be maintained for at least 1 year by the towing company.

E. General authorization to remove or commence removal of abandoned property at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within 15 feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal.

F. The Police Department, after receiving an abandoned property report, shall record the date the abandoned property report is filed with the Police Department and shall promptly make an inquiry into the national crime information center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The Police Department shall enter the information pertaining to the towed property into the statewide law enforcement computer system. A police officer shall sign the abandoned property report and provide the towing company with a signed copy.

G. The Police Department, after receiving notification that abandoned property has been towed by a towing company, shall search the records of the State Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property. If the abandoned property is not claimed within 10 working days, the towing company shall send a copy of the abandoned property report, signed by a law enforcement officer, to the Department of Revenue.

H. No owner, lessee, or security manager shall knowingly authorize the removal of abandoned property in violation of this Ordinance.

SECTION  6 – Crime inquiry and inspection report.

A. When vehicles are towed by the Police Department or pursuant to its authorization, the Police Department shall promptly make an inquiry with the NCIC and any statewide law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow; one copy shall be provided to and retained by the storage facility, and; one copy shall be retained by the towing facility in an accessible format for a period of 3 years from the date of the tow or removal.

B. If the abandoned property is not claimed within 10 working days of the towing, the Police Department shall submit a crime inquiry and inspection report to the Director of Revenue. A towing company in possession of abandoned property after 10 working days shall report this fact to the Police Department.

C. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:

1. The year, model, make and property identification number of the property and the owner and any lienholders, if known;
2. A description of any damage to the property noted by the law enforcement officer authorizing the tow;
3. The license plate or registration number and the state of issuance, if available;
4. The storage location of the towed property;
5. The name, telephone number and address of the towing company;
6. The date, place and reason for the towing of the abandoned property;
7. The date of the inquiry of the NCIC, any statewide law enforcement computer system, and any other similar system that has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by the City Police Department;
8. The signature and printed name of the officer authorizing the tow and the towing operator; and
9. Any additional information the Director of Revenue deems appropriate.

SECTION 7 – Notice to owner and lienholder of abandoned property.

A. Notice of the removal of any abandoned property shall be made in writing within 5 working days to the registered owner and any lienholder, the grounds for the removal, and the place to which the property has been removed by either:

1. The public agency authorizing the removal; or
2. The towing company where authorization was made by an owner, lessee or security manager.

B. If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this Ordinance shall include the amount of mileage, if available, shown on the abandoned property at the time of removal.

SECTION 8 – City liability.

Neither the City Police Department, any city police officer, other city official nor anyone having custody of abandoned property under the direction of the Chief of Police shall be liable for any damage to abandoned property occasioned by a removal authorized by this Ordinance other than damages caused by negligence or by willful or wanton acts or omissions.

SECTION 9 – Real property owner liability.

Any owner, lessee or security manager causing the removal of abandoned property from the real property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements imposed by Section 4.

SECTION 10 – Tow company liability.

A. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner, lessee or security manager who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal.

B. Any towing company that removes abandoned property at the direction of the owner, lessee or security manager shall be responsible for any damage caused by the towing company to the property in the transit and subsequent storage of the property;

C. Any towing company or any affiliate of a towing company that removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner, lessee, security manager or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Section 4 d and e, is liable to the owner of the abandoned property for 4 times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.

SECTION 11 – Maximum charges; penalty.

A. The City may establish maximum reasonable towing, storage and other charges that can be imposed by towing and storage companies operating within the City; these charges must be consistent with Missouri Revised Statutes §§ 304.155 to 304.158.

B. A towing company may only assess reasonable towing and/or storage charges for abandoned property towed without the consent of the owner of the abandoned property. Reasonable towing and/or storage charges shall not exceed the charges for vehicles which have been towed and/or stored with the consent of the owner on a negotiated basis. Storage charges may be assessed only for the time during which the towing company complies with the procedural requirements of this Ordinance.

C. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner, lessee or security manager if the owner of the abandoned property or the owner’s agent returns to the abandoned property before it is removed from the private real property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

D. Any violation of the established maximum charges by a towing company or storage facility shall be deemed a violation of this section and is punishable by a fine not to exceed $500.

 SECTION 12 – Payment of charges by owner.

The owner of abandoned property removed pursuant to this Ordinance shall be responsible for payment of all reasonable charges for towing and storage of the abandoned property.

SECTION 13 – Reclaiming property.

The owner of abandoned property or the holder of a valid security interest of record may reclaim it from the towing company and/or storage facility upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

SECTION 14 – Lienholder repossession.

If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or cooperation of the owner, then the repossessor shall notify the Police Department within 2 hours of the repossession and shall further provide the Police Department with any additional information the Police Department deems appropriate. The Police Department shall make an inquiry with the NCIC and the statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

SECTION 15 – Towing and storage liens; notice to owner and lienholder of abandoned property; search of abandoned property; application for title; compliance with state law.

A. Any person who removes abandoned property at the direction of a law enforcement officer pursuant to this Ordinance shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Such lien shall be enforced in the manner provided under Missouri Revised Statute § 304.156.

1. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for the recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request.
2. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property.  An itemized receipt for the contents shall be provided to the owner of the abandoned property upon the property owner’s request.  The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property.

B. Any towing company and/or storage facility which comes into possession of abandoned property pursuant to this Ordinance and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the Department of Revenue or of a corresponding agency in any other state. The towing company and/or storage facility shall notify the owner and any lienholder within 10 business days of the date of mailing indicated on the notice sent by the Department of Revenue pursuant to Missouri Revised Statute § 304.156, by certified mail, return receipt requested. The notice shall contain the following:

1. The name, address and telephone number of the tow company and/or storage facility;
2. The date, reason and place from which the abandoned property was removed;
3. A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;
4. A statement that the tow company and/or storage facility claims a possessory lien for all such charges;
5. A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;
6. A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in Section 16 to contest the propriety of such towing or removal;
7. Statement that if the abandoned property remains unclaimed for 30 days from the date of mailing the notice, title to the abandoned property shall be transferred to the person, company or facility in possession of the abandoned property free of all prior liens; and
8. A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

C. Physical search of property. In the event that the Department of Revenue notifies the towing company and/or storage facility that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the towing company and/or storage facility shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company and/or storage facility must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the following checks have been performed by the company to establish the prior state of registration and title:

1. Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;
2. Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;
3. Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and
4. If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

D. Application for title: Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement pursuant to this Section, if the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession of the abandoned property for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Section 15, the lienholder in possession may apply to the Director of Revenue for a certificate. The application for title shall be accompanied by:

1. An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least 30 days, and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;
2. An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this Section;
3. A copy of the abandoned property report or crime inquiry and inspection report;
4. A copy of the 30-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating the owner and lienholder of record were sent a notice as required in this Section; and
5. A copy of the envelope or mailing container showing the address and postal markings indicating that the notice was “not forwardable” or “address unknown”.                                 If notice to the owner and holder of a security agreement has been returned marked “not forwardable” or “addressee unknown”, the lienholder in possession shall comply with subsection c of this section.

E. Towing companies and storage facilities must comply with all requirements and responsibilities set forth in Missouri Revised Statutes §§ 304.155 through 304.158, and any provisions referenced therein.

 SECTION 16 – Hearing.

A. The owner of abandoned property removed pursuant to this Ordinance or any person claiming a lien, other than the towing company, within 10 days after the receipt of notification from the towing company pursuant to Section 6 may file a petition in the Associate Circuit Court in Bates County, Missouri to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or security manager of the real property from which the abandoned property was removed. The Director of Revenue shall not be a party to such petition, but a copy of the petition shall be served on the Director of Revenue.

B. Upon filing of a petition in the Associate Circuit Court, the owner, holder of a security agreement on the abandoned property or any person claiming a lien, other than the towing company and/or storage facility, may have the abandoned property released upon posting with the Court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage to ensure the payment of such charges in the event Petitioner does not prevail. Upon the posting of the bond and the payment of the applicable fees, the Court shall issue an order notifying the towing company and/or storage facility of the posting of the bond and directing the towing company and/or storage facility to release the abandoned property. At the time of the release, after reasonable inspection, the owner, holder of a security agreement on the abandoned property or any person claiming a lien, other than the towing company and/or storage facility shall give a receipt to the towing company and/or storage facility reciting any claims for loss or damage to the abandoned property or the contents thereof.

C. Upon determining the respective rights of the parties, the final order of the Court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or by the owner, lessee, or security manager of the real property from which the abandoned property was removed.

D. A towing and storage lien shall be enforced as provided in Section 15.

SECTION 17 – Sale of abandoned property by City.

A. If the vehicle, part or junk is unredeemed after the expiration of 30 days, the City Superintendent may sell it to the highest bidder, or if it has no sale value may otherwise dispose of it. If the City opts to sell the property, it may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the official City seal. The bill of sale shall contain the year, make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property, if available, and shall be lawful proof of ownership for any dealer registered under the provisions of Missouri Revised Statutes §§ 301.218 or 301.560, or for any other person.

B. Any dealer or other person purchasing property from the City shall apply within 30 days of the purchase for a certificate. Any money received from disposal of any vehicle, part or junk shall be applied to the expenses charged to the owner; however, if the owner cannot be found within 30 days of the sale, the surplus, if any, shall become the property of the City.

C. Notice of sale: Prior to the sale of any such property, the City Superintendent shall post a notice in City Hall, the place of storage and at least 1 other public place in the City; the notice shall not be posted less than 10 or more than 30 days prior to the date of the sale; and the notice shall state:

1. The City is selling abandoned property;
2. The color, year, make, motor number, serial number, if available, and any other information necessary for an accurate identification of the property;
3. The terms of the sale; and
4. The date, time and place of the sale.

D. Insider sales. No city officer or employee shall acquire at these sales any property seized pursuant to this Ordinance.

E. Violations. Any person who knowingly violates any provisions of this Ordinance shall upon conviction be punished by a fine not to exceed $500.

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

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

1^ST READING 10^TH DAY OF JANUARY 2017

2^ND READING 10^TH DAY OF JANUARY 2017

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

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i] For informational purposes, authority for provisions of this ordinance are found in Missouri Revised Statute §§ 301.218; 301.560;  304.001; 304.154 through 304.158; 575.060; 577.080.

This Ordinance added a definition for abandoned property and expanded the definition of owner.  This ordinance was also separated from the other provisions of prior ordinance and made a separate ordinance dealing only with abandoned property and junk.

For informational purposes, this Ordinance replaces the following:  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 DESIGNATING THE BATES COUNTYASSOCIATE CIRCUIT AS MUNICIPAL COURT FOR RICH HILL, MISSOURI, assessment of court costs, providing for municipal court bonds and payment in lieu of court appearance

________________________________________________________

WHEREAS, Missouri statute specifically allows the City to choose to operate a separate municipal court or to request the state-paid court system to hear municipal cases,

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

ARTICLE I – MUNICIPAL COURT

SECTION 1 – Municipal Court

The 27^th Judicial Circuit Court of Bates County, Missouri is hereby designated as the Municipal Court of Rich Hill, Missouri.

SECTION 2 – Effective Date

Rich Hill shall transfer all of its records concerning the Rich Hill Municipal Court in a timely manner, and the court shall be established in Butler, Missouri at the Bates County Circuit Courthouse, effective April 1, 2017.

ARTICLE II – COURT COSTS

SECTION 1 – Court Costs

1. In addition to any fine that may be imposed by the Judge, there shall be assessed as costs in all cases where the Defendant pleads guilty or is found guilty the following:

1. Clerk Fee                                                             $15.00                         §479.260

2. Statewide Court Automation                          $  7.00                         §476.053

These monies shall be credited to the court automation fund and shall be paid to the            State Treasurer to pay for the automation of the Rich Hill Municipal Court.

3. Law Enforcement Training Fund                  $  2.00                         §590.140

These monies shall be credited to the law enforcement train fund and shall be paid to            the State Treasurer to be expended for the training required by §580.150 of the                      Missouri Revised Statutes, providing that any excess funds not required to pay for                such training may be used to pay for additional training for peace officers or for                   training other law enforcement officers employed or appointed by the City.

4. Peace Officers Standards                                $  1.00                         §488.5336

and Training Fund

These monies shall be sent to the Missouri Treasurer to be expended for law                           enforcement training pursuant to §590.140 of the Missouri Revised Statutes.

5. Victims of Domestic Violence                        $  2.00                         §488.607

These monies shall be collected for the purpose of providing operating expenses for              shelters of domestic violence established pursuant to Missouri Revised Statutes                     §§455.200 through 455.230.  The Judge may waive assessment of this cost in cases              where the defendant is found by the Judge to be indigent and unable to pay the costs.

6. Inmate Security Fund                                     $  2.00                         §488.5026

These monies shall be credited to the Inmate Security Fund.

 

7. Crime Victim’s Compensation Fund              $ 7.50                          §595.045

8. Costs for issuance of a warrant, commitment, summons, subpoena, continuance or other process or proceeding as provided before the Associate Circuit Judge in criminal cases in the 27^th Judicial Circuit.

9. Apprehension and confinement costs shall be the actual costs assessed against the City by the County Sheriff.

10. Actual expense incurred in any other confinement facility.

11. Mileage in the same amount as authorized for the Sheriff for each mile or fraction thereof an officer must travel (round-trip) in order to serve any warrant, commitment or order of the Court.

12. Sheriff Retirement Fund Surcharge                $ 3.00                          §57.955

The City shall have an agreement with the State of Missouri to collect these funds and          direct them to the Missouri Sheriff’s Retirement Fund.

30. A trial de novo application shall be $30.00 (§488.020)

SECTION 2 – Court Costs Assessment

The costs of any action may be assessed against the prosecuting witness and a judgment entered against the witness ordering the witness to pay the same and that the witness be committed until the costs are paid in any case where the Municipal Judge finds that the prosecution commenced vexatiously or without probable case or, in such case when the prosecuting witness fails to appear without good cause, or upon appearing, refuses to testify on other constitutional grounds.

ARTICLE III – BAIL OR APPEARANCE COURT BONDS, FAILURE TO APPEAR, PAYMENT OF FINES AND COSTS IN LIEU OF APPEARANCE

SECTION 1 – Court Bonds

A. Any person arrested for violation, failure, neglect or refusal to comply with any provision, regulation or requirement of any ordinance may be admitted to bail by: executing a bail bond to the City with good and sufficient security to be approved by the Judge, or in his absence or inaccessibility, by the Clerk of the Court, in the amount of not less than $2.00 and not more than $500, conditioned that such person shall appear upon the day named therein (no later than  30 days from the date of the bond), before the Court and await the trial upon the charge against him.

B. Every bail bond shall be filed forthwith with the Clerk of the Court by the officer taking the bond, provided that no attorney, police officer or any officer of the City, whether elected or appointed, shall be taken as security upon any bail provided for in this Section.

C. In lieu of sureties on the bond, the Judge or in his absence or inaccessibility, the Clerk of the Court or in her absence or inaccessibility, may permit the posting of a cash bond, and the Chief of Police or the Assistant Chief of Police or any officer in charge of the police department, shall state on the bail bond the receipt of the cash deposit.

D. The City shall in no manner be responsible to any depositor of a cash bail bond. However, the person receiving the cash deposit shall be prosecuted by the City Attorney or other proper officer for failure to account for and pay over the deposit.

SECTION 2 – Failure of Defendant to Appear

A. If a defendant giving a bail bond on cash bond shall fail to appear when and where the case is called in the Court, the Judge may order the defendant to be apprehended and brought before him, or the Judge may render a judgment or forfeiture for the full amount of the bond or deposit at which time the bond or deposit shall be forfeited.

1. If a bail bond has been given, the amount of the judgment thereon shall be collected from the defendant and his sureties according to law, including the issuance of execution.
2. If a cash deposit has been made, and the deposit is declared forfeited, the deposit shall at once be delivered to the Chief of Police, who shall make an entry of its receipt as part of the record of the case and shall hold the money for 4 days, at the end of which the Chief of Police shall deliver the money to the City Clerk.

B. The Judge may, for good cause, set aside the forfeiture at any time within 4 days from the date of forfeiture.

SECTION 3 – Payment of Standard Fine and Costs in Lieu of Court Appearance

Except for those cases as designated by the Municipal Court that require the appearing in Court by the defendant or for any other offense that the officer who has written the citation indicates that the defendant must appear in Court, a defendant charged with a municipal ordinance violation may pay the standard fine and costs, as approved by the Judge, in lieu of a Court appearance, provided that the payment is made to the Court Clerk prior to the scheduled Court date.

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

This Ordinance shall be in full force and effect from the date it is passed and approved.[i]

1^ST READING 10^TH DAY OF JANUARY 2017

2^ND READING 10^TH DAY OF JANUARY 2017

This Ordinance was read, passed, and approved this 10th day of January 2017.

Attest:

_____________________________     ______________________________

Jennifer Perkey-Ewing, Mayor                           Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i]This Ordinance transferred the Rich Hill Municipal Court to the Bates County Circuit Court in Butler, Missouri.  Article II, Section A.1 increased the clerk fees from $12 to $15 and Article II, Section A.2 added a Statewide Court Automation fee of $7.00

For informational purposes, this Ordinance repeals and replaces the following:   Ordinance N. 1405, enacted August 23, 2013.

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON COLLECTION OF WASTE WATER SUPPLIED WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the collection of wastewater in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s collection of wastewater revenues for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person. If such a person is requires to pay bond payments, such payments shall be deducted from gross receipts prior to payment.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

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.

1^ST READING ON THIS THE 13^TH DAY OF DECEMBER 2016

2^ND READING ON THIS THE 13^TH DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Rich, Pilcher

Nays: None

Robb absent

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON WATER SUPPLIED WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the supply of water business in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s sale of water for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person. If such a person is requires to pay bond payments, such payments shall be deducted from gross receipts prior to payment.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

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.

1^ST READING ON THIS THE 13TH DAY OF DECEMBER 2016

2^ND READING ON THIS THE 13TH DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich

Nays: None

Robb Absent

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON REFUSE WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the refuse business in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s sale of refuse services for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

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.

1^ST READING ON THIS THE 13^th DAY OF DECEMBER 2016

2^ND READING ON THIS THE 13^TH DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich

Nays: None

Robb absent

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON POWER AND LIGHT WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the power and light business in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s sale of electrical energy for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

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.

1^ST READING ON THIS THE 13^th DAY OF DECEMBER           2016

2^ND READING ON THIS THE 13^th DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich

Nays: None

Robb absent

AN ORDINANCE REPEALING ORDINANCE 794 THAT ESTABLISHED AN AUXILIARY POLICE FORCE FOR THE CITY OF RICH HILL, MISSOURI

______________________________________________________________

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

1. The City of Rich Hill, Missouri has a regular police force with police officers that are assigned regularly scheduled on-duty hours per week.

2. With the consent of the Mayor and the Board of Aldermen, The Chief of Police is authorized to retain auxiliary police officers as and when required.

3. There is no longer a need for an established auxiliary police force as such is no longer necessary.

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

The repeal Ordinance 794 shall be in force and affect from and after its passage and approval of this Ordinance as provided by law.[i]

First reading October 25, 2016

Second reading October 25, 2016

PASSED THIS 25 DAY OF October 2016.

Ayes:  Humble, Pilcher, Rich

Nays: None

Robb was absent.

­­___________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

___________________________________

Brittany Schenker, City Clerk

[i] This ordinance repeals Ordinance No. 794, enacted June 12, 1973.

AN ORDINANCE TO ESTABLISH THE DUTIES, HOURS AND COMPENSATION FOR THE CHIEF OF POLICE FOR THE CITY OF RICH HILL

_____________________________________________________________________________________

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

Section 1.  Job Duties

1. The Chief of Police for the City of Rich Hill shall honestly and faithfully discharge all the duties of his office as required by the laws governing cities of the fourth class, this Code and other ordinances of the City and shall specifically perform the following duties:

• Plan, direct, supervise and manage all operations of the Police Department to provide maximum service to the Community;
• Formulate and enforce departmental policies for the proper and efficient enforcement of all laws and ordinances that the Police Department is authorized to enforce;
• Establish a clear chain of command with definite channels of communication, responsibility and authority;
• Establish and maintain an effective public relations program between the department and the community that often involves speaking to citizen groups;
• Promote confidence and understanding of local government and law enforcement that includes conducting crime prevention and safety programs;
• Develop, implement and control the Police Department budget;
• Recommend officer hires to the Board of Aldermen;
• Oversight of Officers:
  • Perform limited disciplinary actions on infractions of policy, rules, regulations, laws or ordinances
  • Institute full dismissal or heavy sanctioning with the approval of the Mayor
  • Promotion and rank placement of officers with the approval of the Mayor
  • Evaluate the work performance and assignments of departmental personnel
• Coordinate and supervise all regular department activities directed toward enforcing the criminal and traffic laws, regulations and ordinances of the State of Missouri and the City of Rich Hill;
• Maintain working relationships with other law enforcement organizations including state, county and federal law enforcement personnel and with any other provider furnishing services that may enhance the quality of life in the community;
• Supervise, direct and assist with investigation work in major crimes, accidents and other unusual incidents;
• Perform patrol officer’s routine law enforcement and patrol duties as necessary for the efficient operation and maintenance of established service levels;
• Update and maintain department equipment such as police cruisers, firearms, communications equipment and uniforms;
• Report to the mayor police operations and officer for misconduct as required;
• Attend assigned Board of Aldermen meetings and prepare the monthly activity report;
• Perform related duties and responsibilities as required.

 

1. In the discharge of his duties, the Chief of Police shall be subject only to the Mayor.

 

Section 2 –   Working Hours

The Chief of Police shall work 40 hours per week.  A workweek shall begin at 7:00 a.m. on Monday and end the following Monday at 6:59 a.m.

Section 3 – Salary

The Chief of Police shall be paid a salary at an hourly rate to be set by the Board of Alderman.  Salary shall be paid weekly.

Section 4 – Benefits

The Chief of Police shall comply with the Work Rules and Procedures ordinance for the employees of the City.

Section 5 – Qualifications

The Chief of Police shall:

1. Live within 10 miles of the city limits of Rich Hill;
2. Be certified by the Department of Public Safety and meet the requirements of Peace Officer Standards Training.

 

 

 

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]

 

Read 1st time this 13^th day of September 2016.

Read 2^nd time this 13th day of September 2016.

 

This Ordinance was read, passed, and approved this 13th day of September 2016.

 

 

Attest:

_____________________________                        ____________________________                                              

Jennifer Perkey-Ewing, Mayor                                  Brittany Schenker, City Clerk                       

 

Ayes: Humble, Pilcher, Rich. Robb                                                               ……

Nays:

 

 

 

 

 

 

 

 

[i] This ordinance replaces and repeals Ordinance No. 1402, enacted on July 9, 2013.