1386 Work Rules and Procedures

Posted on August 24, 2012 by rentrikin

AN ORDINANCE ESTABLISHINGWORKRULESANDPROCEDURES FOR EMPLOYEES OF THECITYOFRICH HILL.

BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THECITYOFRICH HILL,MISSOURIAS FOLLOWS:

Work Rules

And

Procedures

City ofRich Hill

Rich Hill,Missouri

These work rules are made for the purpose of establishing conditions of employment. The City Council reserves the right to modify these work rules and procedures from time to time as circumstances warrant.

Article 1 Definitions

(a) Part time employees – Any employee that is hired to work on an “as needed” basis with no guarantee of a certain number of hours in any given pay period. Part-time employees are not eligible for any benefits.

(b) Full time employees – Any employee that is hired to work at least 40 hours a week. To maintain fulltime status employees must work 40 hours per week or use qualified leave except for employees who are exempt.

(c) Probationary employees – All new employees hired to work will be required to be on probation for at least 6 months.

(d) Temporary employees- employees hired to complete a designated time of work but not more than 6 months. Temporary employees are not eligible for any benefits.

(e) Seniority – An employee’s total length of continuous employment.

(f) Exempt employee shall be an employee designated as such by the Board of Alderman pursuant to Federal Fair Labor Standards.

Article 2 Regular Scheduled Working Hours

The City ofRich Hillbusiness hours are Monday through Friday from8:00 a.m.to5:00 p.m. Regular working hours are from8:00 a.m.to5:00 p.m.unless otherwise scheduled. All supervisors will do monthly schedules and turn a copy of that schedule into the Mayor.

Article 3 City Council / Employee Relationship

The City Council has the right to enforce discipline, employ, suspend, promote, or to discharge employees and to direct its working forces. The City Council reaffirms that all employees are employed at the will.

Article 4 Non-Discrimination / Racial Profiling

The City Council will continue their policy of non-discrimination against any employee of applicant from employment because of the employee’s race, color, religion, sex, age, national origin, or any other basis prohibited by state statues.
References to “he” or “his” or “she” or “her” are not intended to refer to one gender but are equally applicable to both sexes. In addition, any reference to sex, age, race, religion, or physical condition in these work rules is not intended to indicate a preference for one group over another and such information will be used as permitted by local, state and federal laws in a policy of providing equal opportunities in all aspects of employment.
The Rich Hill Police Department will follow all state laws regarding racial profiling. The Rich Hill Police Department will not make any traffic stop or arrest for the purpose of race, creed, religion, sex, age, national origin or any other prohibited state statues.

Article 5 Standards of Conduct

The work rules have been documented to establish acceptable conduct while in the work place, but are not an all-inclusive list.

It is each employee’s responsibility to control his or her conduct in a manner that promotes harmony in the work place. Common sense, an awareness of others feelings, knowledge of City procedures, and personal integrity should be a guide to all actions. Employees should do what they know is right, and if they don’t know they should ask their supervisor for guidance.
Now more than ever before, the actions of City employees are closely scrutinized by the public. It is, therefore, essential thatRichHillCityemployees behave so as to present a positive image of both the City and themselves. Many of our employees work in areas where members of the public constantly observe their actions. It is important that our customers have the utmost confidence in the skill and honesty ofRichHillCityemployees.
As good citizens and productive workers, our employees are expected to observe the law, as well as generally accepted standards of conduct. Any behavior, which violates any law or contradicts any of these standards, hurts the image of the individual, as well as the City. Employees are expected to deal courteously, openly and fairly with each other and with the public and to maintain proper standards of behavior.
Listed below are a number of rules, which allRichHillCityemployees are expected to obey
1. Falsification of City records, including employment applications, medical records and time tickets.
2. Intentional destruction or damage of City property or property of employees.
3. Fighting during working hours (including lunch or break periods). .
4. The theft of City property or energy.
5. The use by an employee of the employee’s position to steal or aiding another employee or member of the public through the employee’s position in stealing.
6. Reporting for work under the influence of alcohol or an unlawful or controlled substance, or the possession or use of alcohol or an unlawful or controlled substance during working hours. The City will follow the drug policy.
7. Immoral or indecent conduct.
8. Intimidation or coercion or attempted intimidation or coercion of other employee’s.
9. Willful disobedience, insubordination or intentional failure to carry out instructions.
10. Acts of deception, dishonesty or fraud, including the misuse or the employee’s position in manipulating the employee’s account or service, or the intentional mishandling or the account of a fellow employee, friend, relative or member of the public.
11. The use of abusive, threatening or profane language to supervisors or members of the public.
12. Abuse of sick leave.
13. The disclosure of confidential information regarding the City, employees or customers.
14. Sleeping during working hours.
15. Gross negligence or conduct which could result in damage to City property or personal injury.
16. Curb reading meters.
17. Operating a motor vehicle on city business without a valid driver’s license or violating the provisions of a restricted driving license.
18. Excessive tardiness.
19. Unsatisfactory job performance.
20. Neglecting one’s job duties and responsibilities.
21. Violation of dress code if applicable.
22. Permitting unauthorized passengers to ride in city vehicles.
23. Excessive use of city telephone for personal business.
24. Unexcused absences
25. If you drive a city vehicle and/or equipment you are required to provide a copy of your valid driver’s license to the City Clerk.

1) Driving privileges suspended in any instance where a valid driver’s license is not presented. Upon approval, driving privileges reinstated upon submission of valid license. It is the responsibility of each employee to provide a copy of their driver’s license upon renewal to the City Clerk.

2) It is the employee’s responsibility to notify the Mayor upon suspension or revocation of driver’s license. Disciplinary procedure as stated in (y) above will be enforced in this instance.

If you receive any mileage reimbursement for pre-approved use of your personal vehicle you are required to submit a copy of valid liability insurance on your vehicle to the City Clerk. Progressive disciplinary procedure will be suspension of approved use of personal vehicle and proof of valid liability insurance submitted within 30 days of warning. Use of personal vehicle reinstated, upon approval, once proof of insurance submitted.
No employee will personally record audio conversations or statements or video tape the image of another employee or customer while “on duty” for the City ofRich Hill. The only exception will be police officers using a recording device in the course of an official investigation.

Article 6 Drug Policies

All employees of the City will be required to comply with the drug policy written by the agency the City is currently under contract with. The policy will be approved by the City Council. The following job descriptions are to be declared safety sensitive positions for the purpose of random drug testing; police department, electric, streets, water plant, water distribution, wastewater plant, wastewater collection and refuse.

Article 7 Smoking

The City wished to improve the health of its employees by encouraging smoking cessation, and by specifically eliminating smoking in enclosed environments unless posted as a smoking area. No person shall smoke or carry a lighted cigarette, cigar or pipe in any building owned or operated by the City ofRich Hill. Smoking will not be allowed in enclosed areas used by the general public or serving as a place of work, including open office area. All City owned vehicles operated by the City have been declared smoke free.

Article 8 Computers and Software

All computers used for City business will use software as designated by the Board of Aldermen. A backup of all computers will be stored on the main server daily or at least once a week. The City Clerk will take the most recent backup tape home each night and a weeks worth of tapes will be stored in the vault. A yearly backup tape for each fiscal year and a yearly backup tape of payroll shall be kept in the lock box of the City’s financial organization.

Article 9 Police Video Surveillance Equipment

The surveillance camera is to be used to record criminal activity based on citizen complaint or police department knowledge of criminal activity. The video records are to be used for determining prosecution and as evidence in court. The City Marshall may review tapes and Police Officers assigned to the investigation. The City Marshall will determine if further viewing by other law enforcement agencies or crime victims is warranted. Tapes are not open to public viewing and are considered investigative evidence. Tapes containing evidence will be kept as part of the case file until the case is disposed of.

Article 11 Uniforms

Full-time employees will were the city uniform. The City ofRich Hillwill purchase 10 t-shirts per employee per year. The City will pay $2.00 a week for rental of jeans. City employees required to wear a uniform and police officers can be reimbursed up to $50.00 a year for a clothing / boot allowance. Uniforms for police officers will be purchased at the City Council’s discretion. Police officers and the City Marshall are required to maintain a professional appearance while they are on duty for the City ofRich Hill. All fulltime officers shall be dressed in approved uniform, specifications for the approved uniforms at the discretion of the Board of Aldermen.

Article 12 Health Insurance

All full-time employees will have the right to have health and life insurance with the company the City is currently under contract with. The city will pay $280.00 of the cost of the health and life insurance of the employee; the employee will pay the remaining cost and any other insurance. The City of Rich Hillwill pay for the second $500.00 of the deductible with proof from the insurance company that the 1^st $500.00 has been met. Proof will be the Explanation of Benefits Report the employee receives from the insurance company. The check will be issued to the health care provider.

Article 13 Hepatitis Shots

Hepatitis shots will be required for full-time permanentemployees that work at the Wastewater Plant, as a Police Officer or the City Crew. The City will pay the costs. Any employee that chooses not to receive these shots will be required to sign a form declining the shots.

Article 14 Deferred Compensation Plan

All full-time employees will have the option of joining the deferred compensation plan. Any money put into this plan will be the employee’s money; the City will not contribute any money to this plan.

Article 15 Criminal Record Check

All employees will be required to give the City permission to run a criminal background check on them with the Missouri State Highway Patrol. The City will pay for the cost of the background check.

Article 16 Council Meetings

All employees who are Department Heads or Supervisors for the City will attend council meetings when it is part of their employment or when requested by the council. If a circumstance should arise where the employee feels he or she cannot meet this requirement an excuse must be given to the Mayor.

Article 17 Travel and Training

All training and travel must be approved by the City Council.
Meals will be reimbursed at no more than $22.50 per day. Reimbursement for meals will only be given with a dated receipt indicating the amount paid and the name of the establishment.
Hotel lodging will be paid at the rate of the average rate for that area per day, per room. The employee must pay reservations made by the employee and then the City will reimburse the employee as long as they have a dated receipt indicating the amount paid and the name of the establishment. Hotel reservations made by City Hall, the check will be cut in advance.
Employees who use their own vehicle for city business will be reimbursed according to federal mileage reimbursement for each mile provided they turn in a requisition to the City Clerk.
Employees will receive comp time for all training hours that puts them over 40 hours for the week.

Article 18 Police Training

In accordance with State Law RSMo 590.040 all newly hired peace officers shall be required to complete the required training for certification by the Department of Public Safety.

Article 19 City Vehicles & Equipment

All City vehicles and equipment will be parked on city property at the end of the regular shift of the employee.
Police Cars are to be locked at all times when unattended including when parked at any police officer’s residence. No person shall be allowed in the police vehicle unless on authorized police business.
If the employee is called out after the end of their regular shift, they will report to their department, procure the needed vehicle or equipment and put the vehicle or equipment back when the duty is completed.

Article 20 Televisions

No televisions are allowed in City facilities. The only exceptions will be the television /VCRin the City Council Chambers which shall be used for training, educational, and information purposes related to City business. The employees at the water plant may have a television but the City will not purchase or maintain it.

Article 21 Paychecks

Weekly paychecks will be issued on Friday following the end of their pay period.
Terminated employees will receive their paycheck within 2 working days of their notice of termination.
Employees that resign will receive their final paycheck on Friday following the end of their employment as long as there is at least 2 working days for calculations otherwise it will be the following Friday.

Article 22 Work Orders

Work orders will be done in a timely manner.
Work orders for water and electric service re-connections will be done the same day if posted on the board before1:00 P.M. If posted after1:00 P.M.it will be done the next working day. The other utility work orders will be done in a timely manner.
The City Superintendent will pick up work orders (at least) when the workday begins and again at1:00 P.M. for daily scheduling.
Work orders that have not been completed within 14 days the City Superintendent will give a written report to the Mayor as to why they have not been completed and when it shall be done.

Article 23 Investment of City Funds

All investments of city funds, in interest bearing accounts shall be approved by a majority of the City Council with Mayor casting the deciding vote in the event of a tie.
The office staff will do the day-to-day deposits into the City’s Checking Account and make necessary expenditures.
The City Clerk will move perpetual care interest on an annual basis to the cemetery fund.

Article 24 Holidays

The city will observe all Federal Holidays and the day after Thanksgiving.

New Year’s Day
Martin Luther King Jr.
Presidents Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Columbus Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

When a holiday occurs on Sunday it will be observed the following Monday and when a holiday occurs on Saturday it will be observed the preceding Friday.
8 Hours of holiday pay shall be paid to full-time employee of the City of Rich Hill provided they have worked or taken vacation leave their scheduled day before and the scheduled day after the holiday (The employee will loose holiday pay if they call in sick the day before or the day after a holiday unless the employee has a doctor’s note.)
Work by employees on holidays will continue to be limited to that which is deemed by the council to be essential to the performance of its obligations to furnish adequate service. The Mayor & Council will continue the practice of permitting employees whose services are not required on a holiday to be excused from work without loss of pay, such employees being credited with eight hours “Holiday Pay” if so excused, provided that if work is scheduled on a holiday and an employee is requested to report to work and does not do so, said employee shall automatically forfeit the employee’s pay for that holiday.
An employee who works on a holiday as part of the employee’s basic workweek will be paid the employee’s regular time rate and an addition eight hours of “Holiday Pay” at the regular time rate.
Part-time employees will be paid 8 hours of Holiday Pay if the employee works on the holiday and meet the following requirements. The employee must have worked 500 hours the previous year to be eligible for Holiday Pay. Each year on December 31^st City Clerk will check the hours worked for each part-time employee. If the part-time employee has worked 500 or more hours the employee will be eligible forHoliday pay when working the holiday for the next year.

Article 25 Qualify for Vacation Time

All fulltime employees will receive vacations hours weekly. Full Time probationary employees will receive vacation hours weekly once the employee has been removed from probation.

Article 26 Accumulation of Vacation Time

Full time employees will receive vacation each week as follows:

6 months to 1-year 1-½ hours (39 hours per year)

1 Year of Service to 4 Years 1-¾ hours (91 hours per year)

5 Years of Service to 9 Years 2 ½ hours (130 hours per year)

10 Years of Service to 14 Years 2 ¾ hours (143 hours per year)

15 Years of Service to 19 Years 3 hours (156 hours per year)

20 Years of Service to 24 Years 3 ¼ hours (169 hours per year)

25 Years of Service to 29 Years 3 ½ hours (182 hours per year)

30 and more Years of Service 3 ¾ hours (195 hours per year)

Any hours that you have at the time of passage of this ordinance will be kept and the following hours added to.

Article 27 Scheduling Vacation Time

An employee cannot schedule vacation on a holiday. (You cannot have vacation and holiday pay in the same day)
You can use no more vacation time daily than you would normally be scheduled to work. Example: You work 12 hours a day; employees can use no more than 12 hours a day.
Choice of vacation period shall be on a seniority basis, as far as practical, provided that if an employee splits the vacation the employee can exercise seniority rights only once.
Vacation time must be scheduled and approved with your supervisor in writing and a copy submitted to the Mayor.
Employee must schedule each absence at a time when it will not result in exceeding the number of employees permitted on vacation.
Vacation will be paid at your regular rate of pay.
Employees on a leave of absence will not earn vacation time.
You will be allowed to carry a maximum of 180 hours of vacation time over into the next year. The cut off for the hours is done on the last check issued in December. Vacation schedules must be turned into City Hall by March 1^st of each year.

Article 28 Vacation Allowance upon Termination/Resignation

Upon Termination or resignation of an employee, said employee shall be paid any unused accumulated vacation.

Article 29 Working Hours / Pay Rate

Police Officer-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at7:00 a.m.and end the following Monday at6:59 a.m.Police Officers will be paid an hourly rate for 40 hours a week. Hours worked over the 40 hours a week the officer will be paid time and a half or the employee will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

Water Plant-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end on the following Monday at 6:59 a.m. Water Plant employees and the Water Plant Supervisor will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employee will be paid time and half or the employee will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

Wastewater Plant-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end the following Monday at 6:59 a.m. Wastewater Plant employees and the Wastewater Plant Supervisor will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employees will be paid time and half and will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

Office Personnel-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end the following Monday at 6:59 a.m. Office personnel will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employee will be paid time and half. The City Administrator will be a salaried employee and exempt from mandatory overtime other employees will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

City Crew-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end the following Monday at 6:59 a.m. City Crew employees and the City Superintendent will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employee will be paid time and half or the employee will have the option of receiving comp time at the rate of time and a half Comp time has a maximum of 9 hours and must be used within 30 days of the date it was received.

Article 30 Timesheets

Timesheets are due on Monday by12:00 p.m.(Noon) if you wished to be paid that Friday.
For the purpose of timekeeping, the date to which the basic workday is to be allocated shall be the date on which you started your shift.
All hours are to be recorded on the timesheet, not kept on separate records by the employee or supervisor.
1. Any employee who is placed on call is required to be available at the city’s service twenty-four hours a day while he is being paid on call.
2. On call time shall be paid to an employee at the rate of $25.00 per day.
3. On call time for a holiday will be paid to an employee at the rate of $50.00 per day.
4. An hourly employee who is called out when on call shall be paid time and half for each hour worked.
5. An hourly employee who is called out when on call on a holiday shall be paid double time for each hour worked.
6. On-Call time does not apply to police officers.
7. City Crew will have 2 people on-call each weekend and holidays.
8. Wastewater Plant will have 1 person on call on weekends and holidays when it is raining heavily.

Article 31 On Call Time

Article 32 FMLA

The City of Rich Hillwill comply with all regulations of the Family and Medical Leave Act. If an employee is qualified for FMLA the employee is required to take FMLA Leave (No excuses). Employees must use available sick leave to cover the time off. Each employee is allowed up to 12 weeks per year of FMLA. Each employee’s year will begin with the 1^st day the employee is eligible for FMLA. Employees will be required to submit a written release before returning to work.

Article 33 Sick Leave

Definition- “Personal illness” as used herein shall mean the incapacity of an employee because of sickness or accidental or other injury not arising out of and in the course or city employment or outside gainful occupation.

Qualify for Sick Leave

All full time employees will receive sick leave hours each pay period. Full time probationary employees will receive sick leave hours each pay period but will not be allowed to use them until they are taken off probation.

Accumulation of Sick Time

Full time and probationary full time employees will receive 2 hours of sick leave per week.

4. Use of Sick Leave

No employee shall be entitled to sick leave privileges unless the employee shall have notified his or her supervisor prior to the starting time of the employees next regular work schedule, unless the delay of notification can be shown to have been unavoidable.
Beginning December 31, 2007 the maximum number of hours you can carry forward will be 480 hours. For every hour you have over the 480 hours at the end of each year the employee will receive 25% (twenty-five percent) to be paid to the individual employee’s retirement fund or paid out to the employee with the employee paying the required taxes.
At the time of resignation from employment with at least 14 days notice the employee will be paid 25 % (twenty-five percent) of the hours they have with the employee paying the required taxes.
An employee off on sick leave three consecutive working days or more will be required to provide necessary information from their personal physician to the Mayor before returning to work. The city will not pay for transportation cost; cost of personal physician or lost time except the employee may charge lost time to accumulated sick leave when appropriate.
An employee physically disabled from performing work due to pregnancy, maternity, or childbirth shall have the same sick leave privileges, provided the employee continues to work until disabled from performing and returns to work as soon as physically able. If the employee elects for personal wishes, convenience or any other reasons to begin or end leave from work at any other time unrelated to physical capacity to perform, then the absences will be treated as a leave of absence. This section will be applied in accordance with all applicable Federal, State, and Local Laws.
Should serious illness occur in your immediate family, which requires your presence, you may charge these absences to sick leave. Immediate family is defined as employee’s mother, father, son, daughter, husband or wife. An employee who charges their absence due to family illness to their sick leave must provide necessary information from a qualified physician in the event they are absent from work three or more days due to the illness of an immediate family member. An employee found to have abused this sick leave privilege would be discharged.
Sick leave will be paid at the employee’s regular rate of pay.
You cannot use any more sick leave than you would normally work in a day. Example: If you are scheduled to work 12 hours a day you can only use 12 hours of sick leave for a day.
Employees will not be paid sick leave and overtime in the same workweek unless the employee was on-call when the overtime pay was accumulated. Exception to this rule would be if an employee was called out after regular working hours.
Employees will not accumulate sick leave while on a leave of absence.
If a holiday occurs during sick leave the employee will receive “Holiday Pay” instead of being charged sick leave when the employee has been on an extended sick leave period and has a doctor’s note. The employee cannot call in sick the day before the holiday or the day after. If the employee should call in and does not have a doctors note the employee will loose the holiday pay or the employee can choose to use vacation leave for that day.
An employee will be allowed to donate Sick Leave hours to a fellow employee during a period of extreme emergency such as a terminal disease or major injury. The fellow employee will receive the number hours donated at minimum wage.
If an employee is unable to complete a basic work day because of an injury resulting from an accident arising out of and in the course of city employment the employee shall suffer no loss of pay for such day. If the employee is incapacitated because of such injury for a period extending beyond the day of the accident, accumulated sick leave privileges will be available to cover loss of pay on basic work days during the waiting period specified in the applicable state compensation law. If an employee is incapacitated because of a such injury or illness beyond the waiting period specified in the applicable state compensation laws and is entitled to receive compensation payments therefore, the employee’s sick leave privileges will be available to cover the difference between such payments and the straight time pay of such employee; provided that the availability of such privileges will terminate at such time as the City’s physician determines that the employee is able to return to work. Charges against accumulated sick leave privileges used under this provision will be made by deducting the number of hours paid for from the employee accumulation of sick leave privileges on an hour-to-hour basis. The employee will continue to receive full wages until the employee’s accumulated sick leave privileges have been exhausted.
Sick leave paid in situations where it is later determined that the employee was not eligible or qualified for said pay shall be repaid to the City or deducted by the City from subsequent earnings of the employee.

Article 34 Abuse of Sick Leave

The council has a concern about the attendance record of every employee. Furthermore, under normal conditions, the City provides every full time employee a basic forty-hour workweek. The council’s responsibility to provide a dependable continuously available service to its citizens, upon their demand, places an obligation on every employee to be on the job performing his duties every day he or she is scheduled to work. Absence of employees weakens the city’s ability to furnish essential service to the public and to do so at reasonable rates. Good attendance is an important job requirement.

Where an employee appears to have abused sick leave privileges the council may require a physician’s certificate, which will certify both the fact and cause of the illness. If the employee is found to have abused the sick leave privileges he or she shall be discharged.

Article 35 Jury Duty

If any employee is absent from work on a scheduled workday because of jury service, the employee shall be paid the employee’s regular rate of pay by the city.

Article 36 Serving as Pallbearers

If any employee accepts a call to serve as pallbearer for a member of the immediate family (as defined under use of sick leave) or the immediate family of a fellow employee he will be paid the employees regular rate of pay by the city if the funeral is on a regular scheduled workday.

Article 37 Death in Family

The council will permit any employee to be absent from work without loss of pay for three days for the death of the employee’s wife, husband, child, father, mother, brother, sister. The employee will be permitted to miss one day of work without loss of pay for the death of a father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandfather, and grandmother. The same days will be given to the employee as listed above if the relationship is adoptive or step. If the employee needs to take additional time off for such reason, the employee may do so and charge the time to available sick leave.

Article 38 Employees in the Armed Forces

The council will recognize the moral and legal responsibilities to employees serving in the armed forces of theUnited States.

Article 39 Leave of Absence

A maximum of ninety days leave of absences, without loss of accumulated seniority, may be granted an employee in any calendar year for reasons other than illness or accident, with written permission of the council, and provided the employee can be spared from duty. Such leave of absence may be extended without the accumulation or seniority during such extended period, for total absences of not more than six months, with the written approval of the council. In cases of permitted absences, employees shall be permitted to return to work only if they are physically qualified to do so. If such an employee remains away for more than six months, or if the employee accepts other employment during the leave of absences without the specific sanction of the council, the employee’s employment with the city shall be deemed to have terminated and all seniority rights forfeited.
No other benefits except seniority shall occur during a leave of absence under this section.

Article 40 Service Awards

There will be the issuance of a service award certificate for every five (5) years of continuous service by any full time employee for the City ofRich Hillor any other volunteer or employee at the discretion of the Mayor and City Council.

Article 41 Severance Allowance

If placement cannot be made for an employee who attains five or more years of city service, and thereafter is scheduled for layoff, the employee shall be entitled to a severance allowance in accordance with the following:

The employee must make the request for the severance allowance in writing within three months from the effective date of the layoff.
An employee who elects to receive the severance allowance shall forfeit all seniority rights and any other privileges, rights, or benefits to which the employee may then or thereafter be entitled. If any employee is offered re-employment with the city before the council has received the request for severance allowance referred to in this subsection (a) above, the employee shall have forfeited the employee’s right to the severance allowance.
Any employee being laid off shall have the right to elect within said three month period, by written notice to the council, not to receive the seniority rights and any other privileges to which the employee may be entitled under other provision of the work rules.
No severance allowance will be paid to employees who resign, who are discharged for cause, or who leave service of the city because of physical disability.
At the time the employee elects to receive severance allowance the employee will notify the council of any severance allowance not paid in the event of the employee’s death.
The rate of pay to be used in computing the amount of the severance allowance shall be the established rate of pay of the employee in effect at the time of the employee’s layoff.
The scheduled amounts of the severance allowance are as follows:

Years of Seniority Severance Allowance

At least 5 yrs. but less than 10 yrs. 1 month pay

At least 6 yrs. but less than 15 yrs. 2 months pay

At least 15 years or more 3 months pay

Article 42 Workers Compensation

All employees will be covered by workers compensation. It is the employee’s responsibility to report all accidents and injuries to their supervisor. The employee will contact the City Clerk and fill out an accident report within 24 hours of the incident. The City ofRich Hillwill require any one that is submitting an accident report to be evaluated at a Medical Facility designated by the City. The City ofRich Hillwill pay for any medical expense up to $1,000.00 before asking the insurance company for compensation. Reports will be filed with insurance company on all incidents or injuries. Employees will be required to submit a written release when returning to work. Employees must use all safety equipment provided by the City or their workers compensation benefits may be reduced.

Article 43 Police Department

The City Marshall will 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 at the end of the term of office, surrender all money, books, papers, vouchers, or other property belonging to the City in good order.
The City Marshall shall in the discharge of his duties, be subject only to the Mayor, and all other members of the Police Department shall be subject only to orders of their superiors in the Police Department and the Mayor.
All person appointed to the Police Department shall be entitled to hold office during good behavior and efficient service.
Every member of the Police Department shall have the powers prescribed by law and shall perform the following duties:
1. The City Marshall shall prescribe the hour and work schedule of the members of the police personnel.
2. The police officers whether special or regular, including the City Marshall, shall at all times appear in approved uniform when on duty.
3. Any police officer, whether regular or special, who shall become intoxicated while on duty for the City shall immediately be dismissed from the force.
4. It shall be unlawful and punishable as a misdemeanor for any officer under suspension or dismissed to be seen in public wearing the official uniform.

Article 44 Residency Requirements

The City Clerk will be required to live inside the City Limits of Rich Hill, Missouri. Any person required to meet this rule will have 6 months from the date of hire to comply with this rule.

Article 45 Employee evaluations

The evaluation process will encourage employees to improve their performance and job skills.
Guidelines

a. All new employees will be evaluated at the end of their probationary period by written or verbal comments from their supervisor to the Mayor and the Board of Aldermen.

b. Supervisors will perform ongoing evaluations of employees year round, addressing problems and recognizing outstanding service as these situations arise.

Article 46 Safety Plan

It is the policy of the City ofRich Hillthat every employee is entitled to a safe and healthy place in which to work. To this end, every reasonable effort will be made in the interest of Accident Prevention, Fire Protection, and Health Preservation.

Tile management concept of The City is not production and safety; it is production with safety. When production with safety is achieved, production with efficiency is attained simultaneously.

The City has a basic responsibility to make the safety of human beings a part of our daily, hourly concern. City will be counting on you to do your part in making our program an effective one.

The successful operation of The City will depend not only on service, but also how safely each job is performed. There is no job so important, not any service so urgent, that we cannot take time to work safely. City considers the safety of our personnel to be of prime importance. The city expects your full cooperation in making our program effective.

Section 1 IDENTIFICATION OF PLAN ADMINISTRATION

The following persons are responsible for implementing the accident prevention plan for the employees they supervise for the City ofRich Hill.

Director of Public Safety City Administrator City Superintendent Water Plant Supervisor Wastewater Plant Supervisor

Section 2 RESPONSIBILITIES

The City’s supervisors are the foundation of the safety program. Their responsibilities are to:

1) Familiarize themselves with The City safety policies, programs and procedures.

2) Provide complete safety training to employees prior to the assignment of duties.

3) Consistently and fairly enforce all The City safety rules.

4) Investigate injuries to determine cause, and then take action to prevent repetition.

5) See that all injuries, no matter how minor, are treated immediately and referred to City Hall to ensure prompt reporting to the insurance carrier.

6) Inspect work areas often to detect unsafe conditions and work practices. Utilize The City self-inspection checklists as required.

Section 3 EMPLOYEES

Employee responsibilities for safety include the following:

1) Adhere to all safety rules and regulations.

2) Wear appropriate safety equipment as required.

3) Maintain equipment in good condition, with all safety guards in place when in operation.

4) Report all injuries, no matter how minor, immediately to a supervisor.

5) Encourage co-workers to work safely.

6) Report unsafe acts and conditions to the supervisor.

Section 4 SAFETY RULES

For the protection and safety of all employees, The City has established the following rules designed to prevent accidents and injuries. Compliance with these rules is mandatory. Documentation will be made when the rules are distributed to new employees.

1) Proper footwear, clothing and personal protection equipment will be worn at all times.

2) Do not wear loose clothing, jewelry or keep long hair in a down position where there is danger of catching such articles in moving machinery.

3) Horseplay, running, fighting or any activity that may result in injury or waste will not be tolerated.

4) Eye protection is required when performing any task that could produce flying particles. The City ofRich Hillwill provide protective eyewear for employees that perform tasks requiring eye protection. For those full-time employees requiring prescription safety glasses, the City of Rich Hill will reimburse the employee or the vendor up to $300.00 for 1 pair of prescription safety glasses, excluding the cost of the eye exam, every two (2) years, after the employee has submitted a copy of the paid invoice for employee reimbursement or an invoice from the vendor for vendor reimbursement to the City Clerk.

5) Operate machinery with all guards in place. Tampering with safety devices is cause for immediate disciplinary action.

6) Do not operate any machine you are not familiar with.

7) Machines must never be cleaned, adjusted or repaired until after the machine is turned off. Follow lockout, tag-out procedures.

8) Any defects in materials, machinery, tools and equipment must be reported immediately to a supervisor.

9) Do not leave tools, materials or other objects on the floor, which might cause others to trip and fall.

10) Do not block exits, fire doors, aisles, fire extinguishers, electrical panels or traffic lanes.

11) Avoid risk of rupture, internal injury or back injury in attempting to lift or push excessive loads. If an object is too heavy to move without strain-ASK FOR

HELP.

12) Observe the correct position for lifting. Stand with your feet slightly apart, assume a squatting position with knees bent and tuck your chin. Tilt head forward, grasp the load with both hands and gradually push up with your legs, keeping your back straight and avoiding any abrupt movement.

13) Do not distract others while working.

14) Do not allow oil, wax, water, or any other material to remain on the floor where you or others may slip.

15) When handling hazardous materials, insure you follow prescribed safety procedures and use required safety equipment.

16) Use appropriate gloves when handling materials with sharp or jagged edges, which may result in lacerations.

17) Do not attempt to perform any specific task for which you are not trained.

18) Unnecessary and excessive haste is the cause of many accidents. Exercise caution at all times.WALK-DO NOTRUN!

19) All work related injuries and accidents, no matter how minor, must be reported.

It is imperative that all employees become thoroughly familiar with the above safety rules. Failure to comply with safety rules or procedures, or failure to wear the appropriate safety equipment, will result in disciplinary action up to and including termination.

Section 5 DISCIPLINARY PROCEDURES

Employees who fail to comply with safety rules will be subject to disciplinary action up to and including termination. Supervisors will follow the normal disciplinary procedures as follows:

1) Verbal Counseling-the first step. Must be documented in the employee’s personnel file.

2) Written warning-outlining nature of offense and necessary corrective action.

3) Suspension without pay-the third step or a separate disciplinary action resulting from a serious violation.

4) Termination-if an employee is to be terminated, specific and documented communication between the supervisor and the employee, as outlined, must have occurred.

Supervisors will be subject to disciplinary action for the following reasons:

1) Repeated safety rule violation by their department employees.

2) Failure to provide adequate training prior to job assignment.

3) Failure to report accidents and provide medical attention to employees injured at work.

4) Failure to control unsafe conditions or work practices.

5) Failure to maintain good housekeeping standards and cleanliness in their departments.

Supervisors who fail to maintain high standards of safety within their departments will be demoted or terminated after three documented warnings have been levied during any calendar year.

Section 6 INSPECTIONS

Inspection works because it is an essential part of hazard control. It is an important management tool, not a gimmick. The City will view inspections as a fact-finding process, not fault finding. The City will emphasize locating potential hazards that can adversely affect safety and health.

All personnel will be responsible for continuous, ongoing inspection of the workplace. When uncovered, potentially hazardous conditions will be corrected immediately or a report will be filed to initiate corrective action.

Periodic, planned inspections will be made by the safety committee (or other designated individuals) utilizing the City self-inspection form. The safety committee will review the report and action will be taken to eliminate uncovered potential hazards. Assignments, target dates for completion and actual completion dates will be documented in the minutes of the safety committee.

Section 7 ACCIDENT INVESTIGATIONS AND REPORTS

It is the policy of The City to carry out a thorough program of accident investigation. Supervisory personnel will be primarily responsible for making an investigation of all accidents in their areas of responsibility. Accidents involving fire, the Supervisor, the Mayor, and the City Council will investigate death, serious injury, or extensive property damage jointly.

The primary goal of the accident investigation program is the prevention of future similar accidents through the use of knowledge derived from the investigations. Additionally, the investigation will be used to prepare reports required by Federal and State law as well as the Worker’s Compensation Insurance Carrier. These reports are critical in establishing The City’s and the Supervisor’s liability under the law.

When an employee is injured at work, the supervisor is responsible for taking emergency action to have first aid administered, to obtain professional medical attention as soon as possible and protect other employees and equipment. The supervisor must then begin to investigate the circumstances of the accident. The following procedures have been found to be effective when investigating accidents:

A. Go to the scene of the accident at once.

B. Talk with the injured person, if possible. Talk to witnesses. Stress getting the facts, not placing blame or responsibility. Ask open-ended questions.

C. Listen for clues in the conversations around you. Unsolicited comments often have merit.

D. Encourage people to give their ideas for preventing a similar accident.

F. Study possible causes – unsafe conditions, unsafe practices.

F. Confer with interested persons about possible solutions.

G. Write your accident report giving a complete, accurate account of the accident.

H. Follow up to make sure conditions are corrected. If they cannot be corrected immediately, report this to your supervisor.

I. Publicize corrective action taken so that all may benefit from the experience. In order for the Supervisor’s report to be effective, it should contain as a minimum a detailed answer to the following questions:

A. What was the employee doing? Explain in detail the activity of the employee at the time of the accident.

B. What happened? Indicate in detail what took place; describe the accident, the type of injury, the part or parts of the body affected and whether the employee was wearing appropriate safety equipment.

C. What caused the accident? Explain in detail the condition, act, malfunction, etc., that caused the accident. Remember that it is possible to have more than one reason or cause for an accident.

D. What can be done to prevent a similar accident? Indicate corrective action to prevent recurrence.

The supervisor’s report, along with the employee report, must be submitted to City Hall not later than 24 hours after the accident.

Section 8 HAZARDOUS MATERIALS MATERIAL SAFETY DATA SHEETS (MSDS)

The management of The City is responsible for obtaining or developing a MSDS for each chemical used in the workplace. Each MSDS will include the specific identity of the chemical involved and the common names.

Each data sheet will provide information on the physical and chemical characteristics of the chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen; precautionary measures; emergency and first aid procedures; and the identification of the organization responsible for preparing the sheet.

Each department supervisor will be responsible for maintaining the MSDS sheets describing chemicals used in his/her department and for keeping them readily available to employees. The City Hall will maintain a master file for all departments.

Our employee-training program will include instruction on how to read and interpret information on a MSDS, and how employees can obtain and use the available hazard information.

Section 9 EMPLOYEES TRAINING

It is the goal of The City to provide hazard communication training during the first 30 days of employment and whenever a new chemical is introduced to a given work area. Training will be done in a classroom or other applicable setting and will be conducted by the Department Supervisor who has been properly trained.

The training program will consist of:

· how the hazard communication program is implemented, how to read and interpret information on labels, and MSDS, and how employees can obtain and use the available hazard information.

· the hazards of the chemicals in the work area.

· Measures employees can take to protect themselves from the hazards.

· Specific procedures put into effect by The City to provide protection, such as personal protective equipment.

· Methods and observations, such as visual appearance or smell, workers can use to detect presence of a hazardous chemical they may be exposed to.

Section 10 EMERGENCY ACTION PLAN

Major disasters must be anticipated and procedures must be developed and mastered if the well being of our personnel is to be protected and if we are ready to serve our community.

The following pages detail the organizational structure of our plan and outlines emergency measures to be taken in the event of fire or other emergency.

Remember, your conduct and actions during the first few minutes of any emergency may not only save your life, but the lives of your fellow workers and other members of the community as well.

Section 11 GENERAL INFORMATION

Two important telephone calls need to be made if the facility is to be evacuated for any of the following reasons:

1. A fire or disaster within the facility.

2. An external hazardous condition threatening the facility.

3. If either of these two situations occurs, notify these agencies:

a. Rich Hill Fire Department at 395-2222.

b. Civil Defense Coordinator at 395-2222.

Section 12 RESPONSIBILITIES

The Safety Committee will:

1. Coordinate the Emergency Evacuation Plan throughout the facility.

2. Make certain the Program is familiar to all personnel and that all new employees are promptly oriented.

3. Schedule fire classes as necessary.

4. Arrange and execute fire drills within the facility.

5. Maintain a log of fire drills conducted. The log shall include the date and time of each drill, the time required evacuating the area, and the initials of the person making the recording.

6. Report any deficiencies noted during the fire drill.

7. Correct any deficiencies noted during the fire drill.

The Safety Committee will be aided by Supervisors who will:

1. Facilitate the Emergency Evacuation Plan.

2. Keep constant check on all personnel to be sure that they are completely familiar with all phases of the Plan, which they are required to know.

3. See that all personnel participate inALLfire drills, fire classes, and other practice sessions.

4. Be certain that all personnel are familiar with, and make thorough fire prevention inspections when they are assigned to do so.

5. Take the necessary steps required to correct any fire hazards discovered.

It is the duty of every employee to:

1. Be completely familiar with the Emergency Evacuation Plan and his or her duties and responsibilities in the program.

2. Participate in all fire drills and practice sessions.

3. Attend all fire-training classes when assigned.

4. Learn the location of and how to operate fire alarm systems and all fire extinguishing equipment.

5. Report any fire and/or safety hazard located any place on The City proper

Section 13 FIRE PROCEDURES

“Keep Calm…Report all fires and smoke.

Personnel have been assigned to:

1. Sound internal fire alarm.

2. Notify office staff.

3. Remove personnel from the area.

4. Close all doors and windows in the fire area, ONLY if this can be done safely.

5. Notify the fire department.

The person reporting the fire to the fire department will provide them with the following information:

1. Name of caller.

2. Address of fire.

3. What is burning (machine, paper, etc?)

4. Location of fire (roof, plant, office, etc.)

5. Type of fire (electrical, liquid, etc.)

Additional assignments have been made to:

1. Attempt to extinguish the fire with the use of on-premises equipment (extinguishers, hoses, etc.). A minimum of two persons is required to fight a fire. To ensure employee safety, this is to be done only during the early stages of the fire.

Working away from the involved area, personnel will be assigned to:

1. Clear the aisles, hallways and other areas, of personnel and visitors.

2. Close all doors and windows.

3. Check driveways to see that they are clear for entry of fire fighting equipment. See that gates are unlocked and open.

4. Wait at the front entrance for arrival of fire fighting equipment. Direct the firemen to the fire if necessary.

The local fire/law enforcement officials will not permit re-entry onto the property until it is declared safe to do so by someone with Executive authority.

Section 14 EARTHQUAKES

In the event of an earthquake the following procedures shall be followed:

1. Assess damage and injuries.

2. Give first aid as needed. Remember, after an earthquake, utilities, police and fire agencies may not be readily available. DO NOT ATTEMPT TO TELEPHONE UNLESS ESSENTIAL.

3. Call the Fire Department only in the case of fire.

4. The nearest hospital for treatment is:

BatesCountyMemorialHospital

615 West Nursery

Butler,Mo.

(660) 679-4266 (Ambulance service)

5. Have damaged or potentially damaged utilities shut off at the main controls.

6. Personnel are to be instructed during orientation that they are to take shelter under a sturdy table or equipment during an earthquake and remain there until all shaking stops.

7. Evacuate as necessary. Supervisors shall be responsible for seeing that employees are evacuated to a safe area outside the building and clear of overhead electrical lines, utility post, block walls, etc., which might fall during aftershocks. Supervisors are cautioned to be alert for fallen high-tension lines, which may be touching metal objects on the ground.

8. Have all areas of the building and grounds inspected for damage before allowing personnel to return to these areas.

9. Have gas, electrical, water and fuel systems checked for damage before allowing personnel to return to the work areas.

11. Drinking water should be checked to determine that it is not contaminated. Water contained in toilet tanks can be boiled and used if absolutely necessary for drinking or treating injuries.

ALLORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCEAREHEREBY REPEALED.

1^STREADING8/14/12

2^NDREADING8/14/12

THIS ORDINANCE WAS READ TWO TIMES ANDPASSED THIS 14^THDAY OF AUGUST 2012

APPROVED THIS 14^THDAY OF AUGUST 2012

___________________________________

Jim Kithcart, Mayor

ATTEST:

___________________________________

Michele Gould, City Clerk

Ayes: Kassner, Perkey-Ewing, Becker

Nays: None

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1385 Fireman & First Responders

Posted on August 24, 2012 by rentrikin

AN ORDINANCE ESTABLISHING THE DUTIES AND RESPONSIBLITIES OF THE VOLUNTEER FIRE DEPARTMENT, FIRST RESPONDERS AND RURAL FIRE PROTECTION AND REGULATING BURNING IN THE CITY OF RICH HILL, MISSOURI.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OFRICH HILL,COUNTYOFBATES, STATE OFMISSOURIAS FOLLOWS:

Section 1. Appointments

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

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

(c) In the case of a vacancy in the office of the Fire Chief it will be filled by the chain of command, for the time being, to perform the duties of the Fire Chief, with all the rights, privileges, powers and jurisdiction of the Fire Chief, until the Fire Chief’s return, or in the case of death, resignation, removal from office, or any other cause whatever, until the Mayor with the consent of the Board of Aldermen, shall appoint a new Fire Chief.

Section 2. Fire Chief and Volunteer Fireman Qualifications.

(a) All volunteers must be at least 18 years of age or older.

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

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

Section 3. Volunteer First Responder Qualifications

(a) All volunteers will be at least 18 years of age or older.

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

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

(d) All First Responders must be certified with proof of annual certification turned into the City Clerk.

(e) All First Responders must be certified to use any equipment with proof turned into the City Clerk.

(f) First Responders that are EMT licensed must submit a copy of such license to the City Clerk and again each time the license is renewed.

Section 4. Compensation for Fire Chief , Volunteer Fireman and First Responders

(a) The Fire Chief shall be paid on a monthly basis a sum of two hundred dollars ($200.00).

(b) The Fire Chief and all volunteers will be covered by City’s workers’ compensation insurance.

(c) The Volunteer Fireman and First Responders will be reimbursed mileage at the rate of fifty dollars ($50.00) per month as long as they attend one call and one training session per month if feasible. Maximum payment is fifty dollars ($50.00) per month not per position.

(d) Requests for mileage reimbursements must be submitted to the City Clerk no later than 15th day past the end of the month in which the mileage was accrued or the mileage reimbursement will be forfeited. The requests shall be accompanied by written documentation of the miles traveled.

Section 5. Duties and Responsibilities of the Fire Chief.

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

(b) Report directly to the Mayor and Board of Aldermen.

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

(e) Keep a running inventory of all equipment.

(f) Provide the Mayor with monthly activity reports.

(g) Report to the City Clerk any changes in personnel or any changes in equipment and any new equipment for insurance purposes.

(h) Furnish the Board of Aldermen a list of all volunteers and equipment issued to them. All equipment shall be owned by the City. Personal equipment shall be assigned by the Fire Chief and signed out by the City Clerk.

(i) Order a temporary outdoor burning ban on the City, whenever he or she deems that it is in the best interest of the citizens of the City, that open fire be prohibited. The temporary outdoor burning ban will be in effect until released by the Fire Chief.

(j) Prepare a budget, which will be subject to the approval of the Board of Aldermen, to the City Clerk no later than March 1 of each year.

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

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

(m) Will issue a letter of 10 day notice to any fireman and First Responders whose driver’s license, auto insurance, or certification license has expired. Failure of a fireman or First Responder to submit documentation of reinstatement of the license or insurance within 10 days will result in the fireman or First Responder being removed from roster of active personnel.

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

Section 6. General Rules for Volunteer Firemen and First Responders

All volunteers are expected to attend the monthly training meetings at the fire station.

The Chief and Assistant Chief shall carry radios. Any other use of radios by firemen shall be at the discretion of the Fire Chief. Any misuse of radios shall cause retrieval of radio and thirty day suspension.

All volunteers using a blue light will be required to follow Missouri State Statues.

The Assistant Fire Chief will report directly to the Fire Chief.

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

First Responders will operate under protocol agreed to by the Fire Chief and any emergency medical providers.

First Responders can only go to medical calls per the approved protocol.

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

The Fire Department will be allowed to have 16 volunteers and the Fire Chief.

The First Responders will be allowed to have 10 volunteers.

A volunteer that is a Fireman and a First Responder that will account for a Fireman and a First Responder.

Section 7. Burning

(a) It shall be unlawful for any person to burn trash in the City except for yard waste, (such as leaves, trees and brush) which may be burned on the property from which it is generated provided there is no burn ban in effect for the City.

(b) All fires or burning allowed under subsection (a) above shall be burned during daylight hours and attended by a responsible adult.

Section 8. Rural Fire Protection

a. The Rich Hill Fire Department will respond to all rural fires within a ten (10) mile radius of Rich Hill if the bridge and road conditions will allow.

b. A person residing or owning real estate within the 10 mile radius may become a member of the Rural Fire Protection Plan by paying $75.00 annually at City Hall in the month of August of each year.

Section 9. Billing

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

Is not a citizen of Rich Hill
Has not paid their rural fire protection membership
Lives outside of a 10 mile radius of Rich Hill

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

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

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

First reading8/14/12

Second reading8/14/12

Read two times, passed and approved this 14^th day of August 2012

_________________________________

Jimmy Kithcart, Mayor

ATTEST:

________________________________

Michele Gould, City Clerk

Ayes: Kassner, Perkey-Ewing, Becker

Nays: None

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1384 Offenses Against Property Rights

Posted on August 24, 2012 by rentrikin

AN ORDINANCE REGULATING OFFENSES AGAINST PROPERTY RIGHTS

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

Article 1. Feigning blindness for profit.

A person who simulates blindness or pretends to be a blind person with the purpose of obtaining something of value from another person by deceit commits the offense of feigned blindness.

Article 2. Reckless burning or exploding

A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.

Article 3. Negligent burning or exploding.

A person commits the crime of negligent burning or exploding when he with criminal negligence causes damage to property of another by fire or explosion

Article 4. Fire, negligence in setting or allowing to escape on cropland, grassland, marsh, prairie, woodland.

A person commits the crime of negligently setting fire to a woodland, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting a fire.
A person commits the crime of negligently allowing a fire to escape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another

Article 5 Burning in Violation of Temporary Burn Ban

A person commits the crime of burning in violation of a temporary burn ban when he or she knowingly or negligently ignites within the city limits of Rich Hill, Missouri an open outdoor fire at a time when there is in existence a temporary burn ban issued by the City’s Fire Chief.

Article 6. Tampering in the second degree.

A person commits the crime of tampering in the second degree if he:
1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another;
2. Unlawfully rides in or upon another’s automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;
3. Tampers or makes connection with property of a utility;
4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
  1. To prevent the proper measuring of electric, gas, steam, or water service; or
  2. To permit the diversion of any electric, gas, steam or water service.
In any prosecution under subsection (a)(4), proof that a meter or any other property of a utility has been tampered with, and the person accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in subsection (a)(4) a. and b., shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subsection by the person who uses or receives the direct benefit of the electric, gas, steam or water service.

Article 7. Property damage in the second degree.

a. A person commits the crime of property damage in the second degree if:

He knowingly damages property of another;
He damages property for the purpose of defrauding an insurer.

Article 8. Trespass in the first degree.

A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or an to which notice against trespass is given by:
1. Actual communication to the actor; or
2. Posting in a manner reasonably likely to come to the attention of intruders.

Article 9. Trespass in the second degree.

A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

Article 10. Unauthorized removal, defacing, etc, of handbills, posters.

Whoever, in this City, shall remove, take down, deface, mark, injure or destroy any handbill or advertisement posted or put up by another, before the same shall have expired, shall upon conviction be deemed guilty of a misdemeanor.

Article 11. Attaching posters to utility poles, trees.

It shall be unlawful for any person to post, stick, paste, tack or otherwise place upon any telegraph, telephone or electric light pole or any tree located in the public streets, thoroughfares or public places in the city any advertisement, bill, poster, circular, announcement, program or any written or printed matter whatever.

Article 12. Attaching posters to property of another without consent, public property.

It shall be unlawful for any person to post, stick, paste, tack or otherwise place upon any building, house, fence, gate, post, pole or tree of another without his consent, or upon any schoolhouse, church, city hall or other public building within the city any advertisement, bill, poster, circular, announcement, program or any written or printed matter whatever.

Article 13 Painting on, otherwise tampering or interfering with property

Without the permission of the owner, no person shall write, paint signs or make symbols upon the property of another nor upon the property of this City whether for fun, wantonness or malice, nor do anything to such property intended or designed to be in derision of, or to cast reflections upon, the owner or occupant of such property nor do any injury to such property or interfere therewith to the annoyance of the owner.

Article 14 Cutting, injuring trees, bushes, etc., without consent.

No person shall cut, hack, remove or otherwise injure any tree, bush, vine or grass or plant belonging to another or to this City without the consent of such owner.

Article 15 Tearing down, removing property without consent.

Without consent of the lawful owner, no person shall tear down, remove, loosen, cut or otherwise injure any gate, post, picket fence, lamp post, awning, guttering, railing, porch, buildings, store, shop, shed or house or any other property belonging to another or to this City.

Article 16 Tampering with, defacing public property.

(a) No person without lawful authority to do so shall tamper with, deface, damage, conceal or remove any public property within this City.

(b) No person shall dig or excavate on any City property except in connection with engaging in metal detecting that has been authorized by the City in connection with a metal detecting permit as provided in sub-paragraph (c) below.

Article 17 Removing, defacing monuments, landmarks.

No person shall intentionally remove, deface, injure or destroy any State monument or landmark in this City established by legal survey without lawful authority to do so.

Article 18 Stealing

(a) A person commits the crime of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

(b) Evidence of the following is admissible in any criminal prosecution under this section on the issue of the requisite knowledge or belief of the alleged stealer that:

(1) He failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

(2) He gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

(3) He left the hotel, restaurant, inn or boardinghouse with the intent to not pay for the property or services;

(4) He surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

Article 19 Receiving stolen property

(a) A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein; he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

(b) Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:

(1) That he was found in possession or control of other property stolen on separate occasions from two (2) or more persons;

(2) That he received other stolen property in another transaction within the year preceding the transaction charged;

(3) That he acquired the stolen property for a consideration, which he knew, was far below its reasonable value.

Article 20 Alteration or removal of items numbers with intent to deprive lawful owner

(a) A person commits the crime of alteration or removal of items numbers if he, with the purpose of depriving the owner of a lawful interest therein:

(1) Destroys, removes, covers, conceals, alters, defaces or causes to be destroyed, removed, covered, concealed, altered or defaced the manufacturer’s original serial number or other distinguishing owner-applied number or mark, on any item which bears a serial number attached by the manufacturer or distinguishing number or mark applied by the owner of the item, for any reason whatsoever;

(2) Sells, offers for sale, pawns or uses as security for a loan any item on which the manufacturer’s original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced;

(3) Buys, receives as security for a loan or in pawn, or in any manner receives or has in his possession any item on which the manufacturer’s original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced.

Article 21 Issuing a false instrument or certificate

(a) A person commits the crime of issuing a false instrument or certificate when, being authorized by law to take proof or acknowledgement of any instrument which by law may be recorded, or being authorized by law to make or issue official certificates or other official written instruments, he issues such an instrument or certificate, or make the same with the purpose that it be issued, knowing that:

(1) It contains a false statement or false information; or

(2) It is wholly or partly blank.

Article 22 Passing bad checks

(a) A person commits the crime of passing a bad check when, with the purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee.

(b) If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

(c) If the issuer has an account with the drawee, failure to pay the check or order within ten (10) days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

(d) Notice in writing means notice deposited as first class mail in theUnited Statesmail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.

(e) The face amount of the any bad check passed pursuant to one (1) course of conduct within any ten-day period may be aggregated in determining the grade of offense.

Article 23 Deceptive business practice.

(a) A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation or profession, he recklessly:

(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;

(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;

(4) Sells, offers or exposes for sale adulterated or mislabeled commodities; or

(5) Makes a false or misleading written statement for the purpose of obtaining property or credit.

Article 24 Commercial bribery.

A person commits the crime of commercial bribery:

(1) If he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as:

(a) Agent or employee of another;

(b) Trustee, guardian or other fiduciary;

(d) Officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or

(e) Arbitrator or other purportedly disinterested adjudicator or referee;

(2) If a person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of commodities or services, he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism;

(3) If he confers or offers or agrees to confer any benefit the acceptance of which would be criminal under subsection (1) and (2) above.

Article 25 Sports bribery

It shall be unlawful for any professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer or jockey, driver or groom or participant or prospective participant in any sport or game, or manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport to accept, attempt to obtain or to solicit any valuable thing to influence him to lose or try to lose or cause to be lost or to limit his or his team’s margin of victory in a baseball, football, hockey or basketball game or boxing, tennis or polo match, or horse race or any game or sport in which he is taking part, or expects to take part, or has any duty or connection therewith.

Article 26 False advertising.

A person commits the crime of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

Article 27 Bait advertising

(a) A person commits the crime of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:

(1) At the price which he offered them;

(2) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or

(3) At all

Article 28 Defrauding secured creditors.

A person commits the crime of defrauding secured creditors if he destroy, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with purpose to defraud the holder of the security interest.

Article 29 Penalties

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

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

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

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

First readingAugust 14, 2012

Second readingAugust 14, 2012

Read the two times and passed this 14^th day of August 2012.

Approved this 14^th day of August 2012

_______________________________________

Jimmy Kithcart, Mayor

ATTEST:

_______________________________________

Michele Gould, City Clerk

Ayes: Kassner, Perkey-Ewing, Becker

Nays: None

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1382 Vacating Alley in Block 164 2nd Addition

Posted on August 24, 2012 by rentrikin

AN ORDINANCE VACATING ALLOF THE ALLEY LYING NORTH OF LOTS 7-12 ANDSOUTH OF LOTS 1-6 IN BLOCK 164 IN TOWN COMPANY’S 2^ND ADDITION IN RICH HILL, MISSOURI

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

Section 1. That the entire alley lying North of Lots 7-12 and South of Lots 1-6 in Block 164 in Town Company’s Addition of the City of Rich Hill, Missouri be vacated.

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

Section 2. This ordinance shall take effect and be in force from and after its passage and approval.

1^st Reading 12^th day of June 2012

2^nd Reading 12^th day of June 2012

Passed this 12^th day of June 2012.

________________________________

Jim Kithcart, Mayor

ATTEST:

_______________________________

Michele Gould, Clerk

Ayes: Kassner, Moreland, Perkey-Ewing, Becker

Nays: None

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1381 Council Meeting

Posted on August 24, 2012 by rentrikin

Bill No. 374 Ordinance No. 1381

ORDINANCE PERTAINING TO COUNCIL MEETING DATESANDTIMES; REGULATING THE SALARYANDSPECIAL MEETING ALLOWANCE FOR THE MAYORANDALDERMAN FOR THECITYOF RICH HILL, MISSOURI.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THECITYOFRICH HILLAS FOLLOWS:

Section 1: Regular Meetings

The regular meetings of the Board of Aldermen shall be held on the second and fourth Tuesdays of each month, at the hour ofseven o’clock p.m., but the board may adjourn from time to time.

Section 2: Special Meetings

Subject to such other notice and other requirements of Sections 610.020 and 610.021, Revised Statutes of Missouri the Mayor may call special meetings at any time by publication in any newspaper published in the City, or by causing the City Marshal to serve notice upon the members of the board, or by leaving a copy of the notice at the residences of the alderman. The notice shall state the object of such special meeting and no other business than that specified in such notice shall be considered at such special meeting.

Section 3: Mayor Salary

The salary for the Mayor shall be $350.00 monthly to be payable on the 1^st day of each month.

Section 4: Aldermen Salary

The salary of the Aldermen shall be $90.00 monthly to be payable on the 1^st day of each month.

Section 5: Special Meeting Allowance

The Mayor and Aldermen shall receive $7.50 for each special council meeting that they attend.

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

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

Read two times and passed this 8^th day of May 2012.

______________________________

Jim Kithcart, Mayor

ATTEST:

______________________________

Rose Entrikin, City Clerk

Ayes: Becker, Perkey-Ewing, Moreland, Kassner

Nays: None

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1380 Motor Vehicle Fee

Posted on August 24, 2012 by rentrikin

Bill No. 372 Ordinance No. 1380

AN ORDINANCE PROVIDING FOR THE LICENSE FEE OF MOTOR VEHICLES

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

SECTION 1: DEFINITIONS:

Whenever in this ordinance the following words or terms are used they shall be deemed to have the following meanings:

MOTOR VEHICLES: A vehicle compelled by power other than muscular power; but shall not include for the purpose of this ordinance, farm tractors, traction engines, road machinery or any vehicle owned by the federal, state, county or other municipal government or motor vehicles used exclusively outside the limits of the City of Rich Hill and not garaged within the City.

MOTOR TRUCK: A motor vehicle designed to transport materials or commodities.

OWNER: Any person, firm, association, corporation or partnership whose residence is within the City of Rich Hill, owning or renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, as of January 1 of each year.

SECTION 2: LICENSE FEE:

Every owner of a motor vehicle which is owned as of January 1 of each and who resides in the City of Rich Hill, Missouri as of that date, shall pay an annual motor vehicle license fee, which shall be valid from the 1^st day of January to the 31^st day of December, which fee shall be paid for each motor vehicle that the owner owns as of the 1^st day of January each year.

SECTION 2: FEES

The annual motor vehicle license fee for each motor vehicle subject to the fee shall be $3.00.

SECTION 3: DISPOSITION OF LICENSE FEES:

All moneys derived from license fees in this ordinance provided for shall be placed in a special fund of this City and shall be expended in the maintenance, cleaning, construction and repair of the streets and highways within the City ofRich Hilland for no other purpose.

SECTION 4: COUNTY COLLECTOR TO COLLECT:

The Collector of Revenue of Bates County, Missouri shall include a charge on bills issued for personal property taxes the charge for motor vehicle license fees as set forth in this ordinance and shall collect the same with and in the same payment as personal property taxes. Said Collector shall collect delinquent receipts of such motor vehicle license fees and penalties thereon, in the same manner and form as provided by law for the collection of delinquent property taxes.

All ordinances that are in conflicted are hereby repealed.

1^stReading3/13/12

2^ndReading4/10/12 .

Read two times and approved this 10^th day of April 2012.

_______________________________

Jim Kithcart, Mayor

ATTEST:

____________________________

Rose Entrikin, City Clerk

Ayes: Becker, Perkey-Ewing, Kassner, Thurman

Nays: None

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1379 Municipal Court Bonds and Court Costs

Posted on August 24, 2012 by rentrikin

AN ORDINANCE PROVIDING FOR

MUNICIPAL COURT BONDS, COURT COSTS AND

PAYMENT IN LIEU OF COURT APPEARANCE

WHEREAS, by Ordinance No. 1067 passed on the 23^rd day of December 1996 and Ordinance No. 1166 and 1167 passed on the 11^th day of February, 2003, and Ordinance No. 1224 passed on the 22^nd day of February 2005 the City of Rich Hill adopted ordinances setting out a bond, fine and court cost schedule for the Municipal Court of Rich Hill, Missouri ; and

WHEREAS, the Board of Alderman desire to repeal Ordinance No. 1067, 1166, 1167, and 1224 and in place thereof enact the following provisions governing municipal court bonds, court costs and payments of fine and cost in lieu of court appearances.

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

SECTION 1. BAIL OR APPEARANCE BONDS

Any person arrested for violation, failure, neglect or refusal to comply with any provision, regulation or requirement of this Code or any other 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 of the Municipal Court, or in his absence or inaccessibility, by the Clerk of the Municipal Court , in the sum of not less than two dollars ($2.00) nor more than five hundred dollars ($500.00), conditioned that such person will appear upon the day named therein, not longer than thirty (30) days from the date of the bond, before the Municipal Court, and await his trial upon the charge against him. Every bail bond shall be forthwith filed with the Clerk of the Municipal Court by the officer taking the same; provided that no attorney-at –law, police officer, or any officer of the City whatever , elected or appointed, shall be taken as security upon any bail bond provided for in this Section. In lieu of sureties on the bond, with the judge of the Municipal Court, or in his absence or inaccessibility, with the Clerk of the Municipal Court, Chief of Police or assistant Chief of Police, or any officer in charge of the police department, such officer shall state on the bail bond the receipt of such cash deposit.

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

SECTION 2. FAILURE OF DEFENDANT TO APPEAR.

If a defendant giving a bail bond or cash deposit shall fail to appear when and where the case in which the same is given is called in the Municipal Court, the Municipal Judge may order the defendant to be apprehended and brought before him, or the Municipal Judge may render a judgment or forfeiture for the full amount of such bond or deposit and such bail bond or cash deposit shall be declared forfeited. If a bail bond has been given, the amount of the judgment theron shall be collected from the defendant and his sureties according to law including the issuance of execution. In case where cash deposits have been made and the same shall have been declared or 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 four days, at the end of which the Chief of Police shall deliver the money to the City Treasurer.

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

SECTION 3. PAYMENT OF STANDARD FINE AND COSTS IN LIEU OF COURT APPPEARANCE.

Except for those cases as designated by the Municipal Court Judge that require the appearance in Court by the Defendant, or for any other offense that the officer who is writing 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 Municipal Court Judge from time to time in lieu of a court appearance provided such payment is made to the Municipal Court Clerk prior to the scheduled court date.

SECTION 4 COURT COSTS

In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases of the following:

(1) As costs of any case pending in the Municipal Division of the City of Rich Hill, Missouri, the judge shall assess against the defendant, pleading guilty or found guilty, the amount of twelve dollars ($12.00) for Municipal Court costs.

(2) The court shall have the option of assessing against any defendant pleading guilty or found guilty of any municipal ordinance violation the sum of two dollars ($2.00) to be credited to the law enforcement-training fund. Such cost shall be paid to the Treasurer and expended to pay for the training required by Section 590.150 RSMo., 1979, Supp., providing that any excess funds not needed to pay for such training may be used to pay for additional training for Peace Officers or for training of other Law Enforcement Officers employed or appointed by the municipality.

(3) Peace Officers Standards and Training Commission Fund. The Court shall have the option of assessing a one dollar ($1.00) surcharge as costs against the defendant pleading guilty or found guilty of any municipal ordinance violation to be credited to the Peace Officer Standards and Training Commission Fund to be sent to the State Treasury pursuant to Section 590.140 RSMo., for the purpose of law enforcement training.

(4) Court costs for victims of domestic violence. In addition to all other court costs of City ordinance violations, the sum of two dollars ($2.00) of Court costs shall be collected for the purpose of providing operating expenses for shelters for victims of domestic violence established pursuant to Sections 455.200 to 455.230 RSMo., as authorized by Section 488.607, RSMo., provided that the Judge may waive assessment of the cost in those cases where the defendant is found by the Judge to be indigent and unable to pay the cost.

(5) Court Costs for Inmate Security Fund. In addition to all other court costs of City ordinance violations, the sum of two dollors ($2.00) of Court costs shall be collected to be credited to the Inmate Security Fund.

(6) The Court shall assess seven dollars and fifty cents ($7.50) costs against any defendant, pleading guilty or found guilty of any ordinance violation, said costs to be for the benefit of the Crime Victim’s Compensation Fund.

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

(8) Apprehension and confinement costs shall be the actual costs assessed against the City by theCountySheriff.

(9) Actual expense incurred in any other confinement facility.

(10) Mileage in the same amount as authorized for the Sheriff for each mile or fraction thereof an officer must travel (in both directions), in order to serve any warrant or commitment or order of the court.

A trail de novo application for municipal ordinance violation shall be thirty dollars ($30.00).

SECTION 5 COURT COSTS, DUTY OF PROSECUTOR.

The City Attorney may, when he is not satisfied that the information is made for the purpose of public justice, or that the evidence is sufficient to obtain the conviction of the accused, require the prosecutor to deposit with the Municipal Court Clerk a sufficient amount of money for the payment of all costs that may accrue, or else give bond and security for costs; and in such case, if the accused is acquitted, the court shall render judgment against prosecutor for costs.

SECTION6. COURT COSTS, ASSESSMENT.

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

SECTION 7. INCONSISTENT ORDINANCES REPEALED.

Ordinance Number 1067, 1166, and 1167 and all other or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 8. EFFECT OF INVALIDITY ON ANY PART OR ORDINANCE

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

SECTION 9. EFFECTIVE DATE

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

1^stReading March 13, 2012

2^ndReading April 10, 2012

READ TWO TIMES ANDPASSED THIS 10^thDAY OF APRIL 2012.

________________________________

Jim Kithcart, Mayor

ATTEST:

________________________________

Rose Entrikin, City Clerk

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

CERTIFICATION BY THE CLERK

STATE OFMISSOURI )

) AS

COUNTYOFBATES )

I, Rose Entrikin, Clerk of the CITYOF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for is a true and correct copy of the Ordinance No.1379 duly adopted by the Board of Alderman of the CITYOF RICH HILL, Missouri at their regular meeting on the 10^th day of APRIL 2012

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

_____________________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri

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1378 Operation Of Motor Vehicle

Posted on August 24, 2012 by rentrikin

AN ORDINANCE REGULATING THE OPERATION OF MOTOR VEHICLES IN THE

CITY OF RICH HILL, MISSOURI

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

SECTION 1: Chapter 300, consisting of section 300.010 through 300.600, of the Revised Statutes of Missouri, commonly known as the “Model Traffic Ordinance,” is hereby adopted as and for the traffic ordinance of this City with like effect as if recited at length herein.

SECTION 2: No person shall operate a motor vehicle within the City without a valid state operator or chauffeur’s license, or operate a motor vehicle without a valid state operator’s or chauffeur’s license on or about his or her person, or operate a motor vehicle without a valid motor vehicle registration.

SECTION 3: No owner or driver of any motor vehicle shall place the vehicle in charge of or permit it to be driven upon the streets of the City by any person under the age of sixteen years without a valid permit.

SECTION 4: The parking of motor vehicles within the City of Rich Hill in the following locations is hereby prohibited;

Upon any street or alley for a period of more than 48 hours;
In any location that results in the blocking of any street or alley;
In any location that is marked as a handicap space unless the vehicle is appropriately designated as having handicap access for such space;
In any location marked, posted or designated as no parking

SECTION 5: No vehicle shall be stopped or parked and left without an operator or driver at any place upon the streets of the City between a parked car and the center of the street.

SECTION 6: (a) In any prosecution charging a violation of any law or regulation governing the parking of a vehicles, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(b) The foregoing presumption shall apply only when the procedure as prescribed in sections 360.585 and 300.590 of the Model Traffic Ordinance adopted by section 6 has been followed.

SECTION 7: Upon the arrest of any minor under age seventeen for violation of any provisions of this ordinance they shall be turned over to the juvenile officer for disposition.

SECTION 8: No person engaged in hauling coal, gravel, rock, tile, trash, refuse, brush or other material wil1 load the vehicle used in such hauling to such an extent that a part of the load may be shaken off, or used in any such hauling any broken or leaky box, body or bed from which such materials may fall or leak out upon the streets or alleys of the City. And any person who shall purposely, accidentally or by reason of accident, have dropped from his vehicle any such substance shall immediately stop such vehicle and make all reasonable effort to clear such street or alley thereof.

SECTION 9: Any freshly oiled street within the City shall be barricaded by the person doing the oiling, and it shall be unlawful for any person to drive a vehicle upon such street while barricaded.

SECTION 10: Every person operating a motor vehicle on the streets of this City shall drive in a careful and prudent manner, and shall exercise the highest degree of care and at a rate of speed so as not to endanger the property of another or the life or limb of any person.

SECTION 11: No person shall operate a motor vehicle in the City of Rich Hill in excess of 25 miles per hour unless otherwise designated by traffic signs. No person shall operate a motor vehicle in the excess of 70 miles per hour on Highway 71 or in excess of 35 miles per hour on Route A for the portions that is inside the City limits of Rich Hill.

SECTION 12: No person shall drive, use or tamper with a motor vehicle without the permission of the owner or person in charge thereof. No person shall, without permission of the owner or person in charge thereof, climb upon or into or swing upon any motor vehicle whether it is in motion or at rest, or sound the horn thereof or attempt to manipulate any of the machinery thereof or set such vehicle in motion, or hold to such vehicle while riding a bicycle or other vehicle.

SECTION 13: No person shall operate a motor vehicle while in an intoxicated condition, or while under the influence of drugs.

SECTION 14: No person driving a motor vehicle upon the streets or alleys of the City and knowing that an injury has been caused to any person or damage has been caused to property due to the culpability or negligence of such driver, or to accident, shall fail to stop promptly nor shall he leave the scene of such injury, damage or accident without giving his name, residence, including city street number, state motor vehicle number and chauffeur’s or registered operator’s number to the injured party or to a City Police Officer or to the Police Judge in case no police officer is present,

SECTION 15: No person shall drive a motor vehicle upon the streets of the City unless it is equipped with a horn, directed forward, or whistle, in good operating condition and two head lights and tail lights in good working condition; nor shall any person drive a motor vehicle upon the streets of the city with muffler cutout open; and no vehicle shall be driven in such manner or be in such condition that excessive noise shall he made by its machinery, motor, signaling device or other parts; and all such motor vehicles shall be provided with a set of adequate brakes, kept in good working condition.

SECTION 16: The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle, which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

SECTION 17: When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the drive of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left urn.

SECTION 18: The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

SECTION 19: The driver of any vehicle shall stop as required by this section at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection on the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard. The state highway commission may erect stop signs at the entrance of any public road into a through highway.

SECTION 20: The driver of a vehicle about to enter or cross a highway from an alley or any private road or driveway shall yield the right of way to all vehicles approaching on said road or highway.

SECTION 21: The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

SECTION 22: The Police Judge shall have all powers and authority and shall perform such duties as are prescribed for municipal courts in rules 37.46 to 37.40 of the rules of the Supreme Court of Missouri. (He may appoint as traffic violations clerk the Chief of Police or any Police Officer designated by the Chief of Police, or the City Clerk. In establishing schedules of fines and rules for the payment of fines including time limits, the police judge shall conform to the provisions of this article.

SECTION 23: No person shall cause a motor vehicle to be parked or set idiling with any marked fire lane, in front of a fire hydrant, or any other marked “No Parking” area within the City of Rich Hill

SECTION 24: Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding 120 days or by both such fine and imprisonment.

SECTION 25: All ordinances or parts or ordinances in conflict with this ordinance arc hereby repealed to the extent of such conflict.

SECTION 26: This ordinance shall take effect and be enforced from and after its passage and approval.

First reading March 13, 2012

Second reading April 10, 2012

Read two times and passed this 10th day of April 2012.

Approved this 10^th day of April 2012

________________________________

Jim Kithcart, Mayor

ATTEST:

_______________________________

Rose Entrikin, City Clerk

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

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1377 Renaming Rich Hill Ball Park

Posted on August 24, 2012 by rentrikin

AN ORDINANCE RENAMING OF THE RICH HILL BALLPARK AS THE “VETERAN’S MEMORIAL PARK” AND DEDICATING SAID BALLPARK TO THEIR MEMORY

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

WHEREAS, it is the wish of the City of Rich Hill to never forget the great sacrifice made by all of those people from our community who served during a very difficult period of time, ”War”; and

THEREFORE, according to the desires of the American Legion and the people of Rich Hill, the City of Rich Hill does hereby wish to name the American Legion Ballpark the “Veteran’s Memorial Park” in honor of all our service men and women who have served. Let us not forget these brave and courageous service men and women.

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

1^st Reading 7^th day of February 2012

2^nd Reading 7^th day of February 2012

Dated this 7^th day of February 2012

____________________________________

Jim Kithcart, Mayor

____________________________________

Rose Entrikin, City Clerk

Ayes: Becker, Perkey-Ewing, Kassner

Nays: None

Thurman was absent

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1376 Cemetary

Posted on August 24, 2012 by rentrikin

AN ORDINANCE OF THE CITY OFRICH HILL,MISSOURIREGULATING THE USE

OF THE CEMETERY AND CHARGES FORGRAVESAND BURIALS IN

GREENLAWNCEMETERY.

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

ARTICLE 1. GENERAL PROVISIONS

Section 1. Visitors

(a) GreenlawnCemeteryis open to visitors from8:00 a.m.to 30 minutes prior to sunset except for one gate on the north and one gate on the south ofA Highwaywhich will be closed at8:30 p.m.year round.

(b) All visitors are expected to respect the solemnity and beauty of the cemetery and strictly observe the rules established by the city for the purpose of securing quiet and good order at all times within the cemeteries.

Section 2. Traffic Rules

(a) No person or vehicle will be allowed to enter the cemetery except through entrances maintained for the public for such purpose, without permission of the sexton.

(b) There shall be no driving allowed over the graves or upon the lawns under any pretense whatsoever, except for the normal maintenance and operation of the cemetery.

(c) Any driver who runs any vehicle upon the lawns, across gutters or anywhere else where damage results there from, shall be required to make good such damages.

(d) The sounding of horns, sirens, or other audible signals within the cemetery is prohibited, except in connection with a funeral service.

(e) Vehicles are not permitted to make U-turns upon roads but must go around the section

Section 3. Detrimental trees or shrubs etc.

If any trees or shrubs situated on any grave shall, by means of their roots, branches,

or otherwise, become detrimental to the adjacent lots, avenues, or streets or dangerous or inconvenient to passengers, it shall be the duty of the city enter upon such grave and remove such trees or shrubs or parts thereof as may be detrimental, dangerous, or inconvenient. Effective November 13, 2007, no one will be allowed except for the authorized employees of the City of Rich Hill to plant trees, shrubs, flowering plants, or other vegetation in the cemetery.

Section 4. Donations

All donations or bequests made by any person for the cemetery shall be made to the City’s cemetery fund, which funds, so received, shall be used for the cost of managing the fund for maintenance and upkeep of the cemetery.

Section 5. Approval for special projects, improvements and construction

Any and all improvements, construction, beautification projects, road construction or changes in roads, or any other changes or additions made in Greenlawn Cemetery must be approved by the City Council prior to such installation, erection construction or altercation.

ARTICLE 2. INTERMENT

Section 1. Mausoleums

Any form of burial, which will leave the remains above the level of the ground, is hereby prohibited, except in the cases where a mausoleum is in existence as ofMay 9, 2000.

Section 2. Grave Space Costs

(a) The cost of spaces inGreenlawnCemeteryshall be two hundred and fifty dollars

($250.00) for a standard four-foot by ten-foot grave space. The grave shall be paid in full before a deed can be issued. If you purchase 4 graves at once the total cost will be eight hundred dollars ($800.00)

(b) The City Clerk shall issue a Greenlawn Cemetery Deed to the purchaser of graves showing the location of the grave(s) and said deed shall be signed by the Mayor.

(c) The City ofRich Hillwill allow payment plans for the purchase of cemetery grave spaces but the grave space must be paid in full before it may be used for a burial. The purchaser must sign a written agreement. There will a 5% fee for making payments. Payment plans will be as follows: 1 grave 6 months, 2 graves 12 months, 3 graves 18 months, 4 graves 24 months. If the payment plan is not paid in full by the end of the agreement the city will refund any money paid except for the 5% fee and a handling charge of $25.00.

Section 3. Perpetual Care

a) The cost of perpetual care in Greenlawn Cemetery shall be one hundred and twenty-five dollars ($125.00) per grave space to be payable to the city at the time of the sale of the grave or at the time of burial, whichever comes first after October 28, 2008.

b) The principal of said Perpetual Care Fund shall not be used for any purpose whatsoever and no money shall be transferred out of such perpetual care fund. Except for the purpose of being invested. The interest income derived from the perpetual care fund shall be used for the preservation, care, upkeep and adornment ofGreenlawnCemetery.

Section 4. Regulation of Interments

(a) Except as permitted by the provisions of subsections 1 hereof, the number of interments which may properly be made upon a grave is fixed at one (1) per grave space at the time of purchase, and no more will be permitted.

1. A written request for cremated remains to be buried upon another interment or for a double burial must be approved by the Mayor and the City Superintendent or their authorized representative.

(b) The arrangement and location of graves upon a lot is determined by the City, as it

is necessary that uniformity shall prevail.

(d) Except in emergency cases, one working day’s notice is required for the preparation of a grave and interments are not to be made before10:00 a.m.or after4:00 p.m.

(e) As a minimum, all standard interments will incorporate the use of a casket and a

concrete grave liner with lid in which the casket will be placed. Cremated or infant interments shall incorporate the use of a container approved by the City.

Section 5. Regulation of Disinterment

Disinterment will be allowed only upon notarized written consent or request of the purchaser of the grave, or surviving heir or heirs of a deceased purchaser, or by the appropriate court order, and only after permission in writing is first obtained from the Mayor and in accordance with state law. Disinterment fee will be $750.00. No disinterment shall be performed until the price herein specified has been paid. The costs for the vault company to remove the vault shall be paid to the vault company.

Section 6. Interment Fees

(a) The cost of opening and closing a grave shall be as follows:

Vault or box, weekday . . . . . . . . . . . . . . . . . . . $400.00

Weekends & Holidays . . . . . . . . . . . . . . . . . $450.00

Cremated remains, weekday . . . . . . . . . . . . . . $150.00

Weekends & Holidays . . . . . . . . . . . . . . . . $200.00

Infant remains, weekday . . . . . . . . . . . . . . . . $300.00

Weekends & Holidays . . . . . . . . . . . . . . . . . $325.00

(b) For any special request for the closing of graves after4:30 p.m.on any day of the

week, the cost shall be the same as for weekends and holidays.

(d) Approved double burials will be charged $500.00 for the burial that is double deep. If the second burial is not at the same time as the first burial the normal opening and closing costs will be paid at the time of second burial.

ARTICLE 3GRAVES

Section 1. Placement and location of foundations, monuments, etc. and permit fees.

No person shall set or place any foundation, monument, memorial, stone or marker of any sort including any Veteran’s marker withinGreenlawnCemeterywithout first obtaining a permit costing fifteen dollars ($15.00) from the City Clerk. Additionally, such person must own the lot in the cemetery at the time of placement.
The cemetery sexton must be present when the work is done to determine compliance with the provisions of this article.
EffectiveNovember 13, 2007, the City will only permit the placement of head stones in the cemetery. Any bench , foot marker, etc that was placed before November 13, 2007 will be allowed to remain in the cemetery as long as the bench , foot marker, etc is attached to the ground at that time.
A temporary concrete marker selected and acquired exclusively by the city will be placed at the head of each grave at the time of burial at the expense of the city. This temporary marker will be removed once a permanent stone is ready for placement.

Section 2. Concrete foundations required; depth.

Each monument, stone or marker placed withinGreenlawnCemeteryshall be set

or place on top of a concrete foundation no less than twenty-four (24) inches in

depth. Monuments, stone or markers are to be set upon the concrete foundations

only after the concrete has set up. Placement of a marble or granite pad under any

monument, stone or marker withinGreenlawnCemeteryshall be permitted

provided placement is in compliance with all other provisions of this ordinance.

Section 3. Continuous Concrete Aprons

No continuous concrete aprons shall be allowed to surround any monument, stone or marker placed inGreenlawnCemeteryin order to provide for greater ease of future maintenance inGreenlawnCemetery.

Section 4. Use of grave for burial or memorial

The graves inGreenlawnCemeteryshall be sold only for the purpose of burying human remains or for establishing memorials to deceased human beings.

Section 5. Transfer ofGraves

The grave owner cannot sell or convey any grave in the cemetery without first

submitting a notarized statement giving written consent for the transfer to the City

Clerk. All transfers must be made through the City Clerk and a new deed(s) for

GreenlawnCemeteryissued. The cost of the transfer will be fifteen dollars

($15.00).

Section 6. Ornamentation of graves

(a) The city retains control and supervision of all graves which are sold; and the city

retains the right to have its sexton enter upon any grave to prohibit, modify, or

remove any structure, object, improvement, or adornment of such grave, which may interfere with the maintenance and upkeep of the cemetery.

(b) The use of glass containers on or around the graves inGreenlawnCemeteryis

expressly prohibited and will be removed if placed upon the grave(s).

(c) All grave decorations or mementos will be removed by the cemetery sexton if the decorations or mementos interfere with the maintenance or upkeep, exceptions will be permanent vases that are attached to the stone or foundation, everything on the stone until it has deteriorated (the sexton will determine deterioration) and shepherd hooks as long as they are as close to the head stone as possible.

ARTICLE 4 RESTRICTIONS AND ENFORCEMENT

Section 1. Misusing burial ground.

Any person who shall willfully destroy, disfigure, or injure any wall, fence, hedge, monument, tombstone, tree or shrubbery around or within Greenlawn Cemetery or misuse the same shall be prosecuted in accordance with section 4 of this article.

Section 2. Duties of the city and sexton regarding the cemetery

It shall be the duty of the City and the sexton to lay out all graves in

the city-ownedGreenlawnCemeteryand perform such other duties and work as

directed by the City Council; and all burials shall be done under their supervision.

Section 3. Workmen subject to control of the city and sexton

All workmen employed in the construction of vaults, erecting monuments or other

similar activities shall be subject to the control and direction of the City or sexton.

Section 4. Penalty

Any person convicted of a violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and subject to a term of confinement of up to 6 months and/or a fine of $500.00.

Section 5. Repealer

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

1^stReading12/13/11

2^ndReading1/10/12

This ordinance has been read two times and passed this 10^th day of December 2012.

___________________________________

Jim Kithcart, Mayor

ATTEST:

____________________________________

Rose Entrikin, City Clerk

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

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Article 4 Non-Discrimination / Racial Profiling

Article 5 Standards of Conduct

Article 7 Smoking

Article 8 Computers and Software

Article 11 Uniforms

Article 12 Health Insurance

Article 13 Hepatitis Shots

Article 15 Criminal Record Check

Article 16 Council Meetings

Article 17 Travel and Training

Article 18 Police Training

Article 19 City Vehicles & Equipment

Article 20 Televisions

Article 21 Paychecks

Article 22 Work Orders

Article 23 Investment of City Funds

Article 25 Qualify for Vacation Time

Article 26 Accumulation of Vacation Time

Article 30 Timesheets

Article 31 On Call Time

Article 32 FMLA

Article 33 Sick Leave

Article 34 Abuse of Sick Leave

Article 35 Jury Duty

Article 36 Serving as Pallbearers

Article 37 Death in Family

Article 38 Employees in the Armed Forces

Article 39 Leave of Absence

Article 40 Service Awards

Article 41 Severance Allowance

Section 3. Volunteer First Responder Qualifications

Section 4. Compensation for Fire Chief , Volunteer Fireman and First Responders

Section 7. Burning

Section 8. Rural Fire Protection

Article 18 Stealing

Article 19 Receiving stolen property

Article 21 Issuing a false instrument or certificate

Article 22 Passing bad checks

Article 27 Bait advertising

Section 1: Regular Meetings

Section 2: Special Meetings

Section 4: Aldermen Salary

Section 5: Special Meeting Allowance

ARTICLE 1. GENERAL PROVISIONS

Section 1. Visitors

Section 2. Traffic Rules

Section 4. Donations

Section 5. Approval for special projects, improvements and construction

ARTICLE 2. INTERMENT

Section 1. Mausoleums

Section 2. Grave Space Costs

Section 4. Regulation of Interments

Section 5. Regulation of Disinterment

Section 6. Interment Fees

ARTICLE 3GRAVES

Section 3. Continuous Concrete Aprons

Section 4. Use of grave for burial or memorial

Section 5. Transfer ofGraves

Section 6. Ornamentation of graves

ARTICLE 4 RESTRICTIONS AND ENFORCEMENT

Section 2. Duties of the city and sexton regarding the cemetery

Section 3. Workmen subject to control of the city and sexton

Section 4. Penalty

Section 5. Repealer

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