1655 Bill No 654 Weeds, Nuisances and other Debris

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

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

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

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

ARTICLE I

MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

 Section 1 – Definitions.

Section 2 – Penalty.

Section 3 – Prohibitions.

Section 4 – Investigation.

Section 5 – Entry on to private property.

Sections 6 through 10 reserved.

SECTION 1 – Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vegetation:  See definition for weeds

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

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

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

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

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

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

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

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

g.  Devices drawn by horses and other animals;

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

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

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

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

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

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

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

c.  Exceptions: This definition shall not apply to:

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

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

SECTION 2 – Prohibitions

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

SECTION 3 – Penalty

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

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

a.  First violation – $200 including court costs;

b.  Second violation – $250 including court costs;

c.  Third violation – $350 including court costs

d.  Fourth and subsequent violations – $450 including costs

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

SECTION 4 – Investigation

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

SECTION 5 – Entry onto private property

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

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

ARTICLE II

ABATEMENT OF MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

Section 11 – Definitions

Section 12 – Abatement Enforcement and Notice.

Section 13 – Service of Notice.

Section 14 – Compliance with notice.

Section 15 – Emergency powers.

Section 16 – Use of independent contractors.

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

Section 18 – Determination hearing and appeal

SECTION 11 – Definitions.

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

SECTION 12 – Abatement Enforcement and Notice.

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

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

b.  The notice shall state specifically:

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

SECTION 13 – Service of notice.

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

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

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

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

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

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

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

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

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

SECTION 15 – Emergency powers.

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

SECTION 16 – Use of independent contractors.

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 18 – Determination hearing and appeal.

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

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

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

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

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

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

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

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

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

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

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

1ST READING 22nd DAY OF AUGUST 2017

2ND READING 22nd DAY OF AUGUST 2017

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

___________________________

Jason Rich, Mayor

ATTEST:                                                             Ayes: Kassner, Pilcher, Robb, Humble

___________________________     Nays: None

Brittany Schenker, City Clerk

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

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