1682 – Bill No 684 Animals

AN ORDINANCE REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI, ESTABLISHING LICENSE FEES, IMPOUNDMENT FEES AND PENALTIES.

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

Section 1.        That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following provisions regulating the keeping of animals within the city limits of Rich Hill, Missouri:

ARTICLE I – Animals in General

Section 1 – Definitions

Section 2 – Exemptions

Section 3 – Responsibility for damages

Section 4 – Parental responsibility; responsibility of other household members

Section 5 – Enforcement

Section 6 – Power to impound or kill

Section 7 – Right of entry

Section 8 – Penalty

Section 9 – Reserved

ARTICLE II – License and Vaccination Requirements

Section 10 – License requirements and fees

Section 11 – Disposition of license fees

Section 12 – Vaccination requirements

Sections 13 and 14 – Reserved

ARTICLE III – Impoundment

Section 15 – Holding period for impounded animals

Section 16 – Exemption from holding period

Section 17 – Notice to owner; public notice

Section 18 – Impoundment fee

Section 19 – Unclaimed animals

Section 20 – Reserved

ARTICLE IV – Rabies Control

Section 21 – Inoculation required

Section 22 – Order of quarantine

Section 23 – Dogs and cats to be confined

Sections 24 – Quarantine of animals

Section 25 – Reserved

ARTICLE V – Owning and keeping animals

Section 26 – Number of animals

Section 27 – Wild animals

Section 28 – Exotic animals

Section 29 – Vicious dogs or animals

Section 30 – Other domestic animals

ARTICLE VI – Responsibilities and Requirements; Prohibitions

Section 35 – Presumption

Section 36 – Containment on owner’s property; use of leash

Section 37 – Animals prohibited at public functions; exceptions

Section 38 – Confinement of female animals in heat

Section 39 – Animal waste

Section 40 – Abandonment of animals

Section 41 – Animal Neglect

Section 42 – Animal Abuse

Section 43 – Public Nuisance

Section 44 – Police dogs

Section 45 – Impede enforcement

Sections 46 through 48 – Reserved

ARTICLE I – ANIMALS IN GENERAL

SECTION 1 – Definitions

The following words, terms, phrases and their derivations have the following definitions unless the context specifically indicates otherwise:

Adequate care:  Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal

Adequate control:  To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property

Animal:  Every live, vertebrate creature, both domestic and wild, other than humans

Animal shelterA facility that is used to house or contain animals and is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection and humane treatment of animals

At large: Off the premises of the owner and not under the adequate control of the owner or a member of the owner’s immediate family, either by leash or voice command

Bite:  The use of an animal’s mouth and/or teeth against a human being or a domestic animal

Cat:  All domestic animals of the feline species, both male and female

Chief of Police:  The Chief of Police of the City of Rich Hill, Missouri, and his authorized representatives

Dangerous animal:  Any animal that attacks, bites or physically injures human beings, domestic animals or livestock without adequate provocation; or because of temperament or training has a known propensity to attack, bite, confront, chase, menace or physically injure human beings, domestic animals or livestock without provocation.  Any animal, wild or domesticated, that without provocation has bitten or attacked a human being or other animal shall be presumed to be vicious or dangerous.

Domestic animal: Any animal that is domesticated as opposed to wild, free-roaming, except dogs, cats and chickens

Dog: All domestic animals of the canine species, both male and female

Exotic animalAny non-domesticated animal, not occurring naturally in the City, either presently or historically, excluding dogs, cats and domestic animals as defined herein. Exotic animals include, but shall be limited to, the following: animals of the ape species, leopards, lions, tigers, bobcats, panthers, venomous or poisonous animals, alligators and crocodiles

Farm animalAn animal raised on a farm or ranch and used or intended for use in farm or ranch production or as food or fiber

HarboringOffering asylum, refuge or sanctuary to any animal on a basis so temporary as to not be deemed to be owning, keeping or maintain such animal

Humane killingThe destruction of an animal in a manner that minimizes the suffering endured by the animal to the greatest extent possible under the circumstances.  Animals killed during the feeding of pet carnivores shall be considered humanely killed

Livestock: Any domestic or exotic animal kept to be raised for pleasure or a farm animal used for   profit or food.  Livestock shall include, but not be limited to, horses, mules, donkeys, jackasses, sheep, pigs, goats, bulls, heifers, cows, fowl and rabbits

Owner:  Any person owning, keeping, maintaining or otherwise having the care of control of an animal

Owning, keeping or maintaining: Feeding or sheltering any animal for three (3) or more consecutive days or professing ownership of such animal

Person:  Any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity

Pests:  Birds, rabbits or rodents that damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior or any endangered species listed in the Wildlife Code of Missouri

Public Nuisance:  Any animal or group of animals which:

a. Repeatedly runs at large; or

b. Trespasses on and damages the property of anyone other than its owners or those who control or harbor it; or

c. Molests or intimidates pedestrians or passersby;

d. Chases vehicles;

e. Excessively makes noises including, but not limited to, continued repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

f. Causes fouling of the air by an odor that creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

g. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

h. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or

i. Attacks other domestic animals without provocation; or

j. Is diseased; or

k. Impedes refuse collection by ripping any bag or tipping any refuge container.

Service dog: Any dog that has been specially trained to do work or perform tasks which benefit a particular person with a disability

Unaltered: Not surgically spayed or neutered by a licensed veterinarian

Vicious dog:

a. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or

b. Any dog which, because of its size, physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this Ordinance; or

c. Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal;

d. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or

e. Any dog determined at a municipal court proceeding to be a vicious dog pursuant to this ordinance

Wild Animal:  Any living member of the animal kingdom, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild captive-bred species of common cage birds and any animal for which the owner has previously obtained a permit from the State Department of Conservation.

SECTION 2 – Exemptions

The provisions of this Ordinance shall not apply to:

a. Care or treatment performed by a licensed veterinarian practicing pursuant to Chapter 340 of the Missouri Revised Statutes;

b. Bona fide scientific experiments;

c. Hunting, fishing or trapping as allowed pursuant to Chapter 252 of the Missouri Revised Statutes, including all practices and privileges as allowed under the Missouri Wildlife Code;

d. Rodeo practices currently accepted by the Professional Rodeo Cowboys Association;

e. The lawful, humane killing of an animal by its owner, or an agent of the owner, by a veterinarian at the request of the owner;

f. The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian or law enforcement or health official;

g. Normal or accepted practices of animal husbandry with respect to farm animals;

h. The killing of an animal by any person at any time if such animal is outside of the owned or rented property of its owner or custodian and the animal is injuring any person or farm animal. This provision shall not include police or guard dogs while on-duty or working;

i. The killing of house or garden pests.

SECTION 3 – Responsibility for damage

The owners of animals in the City shall be responsible for any damage caused by his or her animal(s).

SECTION 4 – Parental responsibility; responsibility of other household members

a. The parent or guardian of a minor child shall be responsible for the adequate care and adequate control of any animal owned by, in control of or harbored by that minor child.

b. Every household member, other than a minor child, shall be held responsible for the adequate care and adequate control of any animal owned by, in control of or harbored by any other household member.

SECTION 5 – Enforcement

a. The Chief of Police shall carry out the enforcement of this Ordinance.

b. Police officers shall also enforce the provisions of this Ordinance.

c. If no officers are available Monday through Friday, during the eight (8) a.m. to five (5) p.m. work shift, then the Wastewater plant operator shall be called out to pick up the animal.

d. If the Wastewater plant operator is not available, then a member of the City Crew shall be called to pick up the animal.

SECTION 6 – Power to impound or kill

a. The Chief of Police may declare that any animal is a public nuisance animal by virtue of being a menace to the public health, welfare and safety.

(1)       Before finding that the animal is a public nuisance, the Chief of Police shall investigate the complaint to ascertain whether the animal in question is a public nuisance and/or a bother to the inhabitants of the neighborhood.

(2)       If the Chief of Police finds a nuisance exists, the custodian of the animal shall be issued a citation to appear before the Municipal Court.

(3)       The Chief of Police is authorized to impound any animal that is found to be a public nuisance, including those animals found to be running at large.

b. A dog may be declared vicious by the Chief of Police and any police officer acting in his capacity as a peace officer for the City.

(1)       The owner of any dog declared vicious shall be notified that their animal has been designated as vicious and will receive a written notice and/or citation to that effect.

(2)       Upon being declared vicious, the animal shall be removed and impounded.

c. The Chief of Police is authorized to kill any vicious dog that cannot be caught safely with reasonable effort, when that dog is otherwise required to be impounded by the provisions of this Ordinance.

d. The Chief of Police may impound an animal under the following circumstances:

(1)       When, in the Chief’s opinion, an animal is found to be a public nuisance animal;

(2)       Any unrestrained (running at large) and unlicensed animals shall be taken and impounded in an animal shelter and confined therein in a humane manner;

(3)       Any dog involved in a fatal attack on a human being or an attack that results in severe injury to a human being, whether provoked or unprovoked, shall be confiscated and taken to a licensed veterinarian’s office for a 10-day observation period;

(4)       Any livestock, swine or fowl found within the City running at large shall be taken and impounded;

(5)       Any animal found to be a danger to the public health, welfare or safety;

(6)       Any animal found to be diseased or disabled;

(7)       Any animal that shows evidence of neglect or abuse.

SECTION 7 – Right of entry

a. The Chief of Police shall have the right to enter onto any property or premises to capture any animal that is on the property or premises in violation of this Ordinance and whose presence on the property or premises constitutes a violation of any of the provisions of this Ordinance.

b. The Chief of Police shall have the right to enter onto any property or premises to examine or capture any animal suspected of having rabies, being exposed to rabies, biting a person or other another animal, or appears to be the subject of immediate danger due to animal abuse or neglect pursuant to Section 41 and Section 42 in this Ordinance.

SECTION 8 – Penalty

a. Upon entering a guilty plea or upon a finding of guilt, the Court may impose a fine not to exceed five hundred dollars ($500), confinement not to exceed ninety (90) days or both a fine and confinement.

b. When violations of this Ordinance that are continuous with respect to time, each day the violation continues may be charged as a separate offense.

c. In addition to a fine and/or confinement, the Court may order additional fees to be paid as costs including, but not limited to, impoundment fees for food and shelter and fees to a veterinarian for observation, euthanasia services, etc.

d. Reimbursement to those who have suffered damages as a result of an animal owner’s or custodian’s actions may also be imposed in addition to any fine or confinement.

SECTION 9 – Reserved

ARTICLE II – License and Vaccination Requirements

Section 10 – License requirements

Section 11 – Disposition of license fees

Section 12 – Vaccination requirements

Sections 13 and 14 – Reserved

ARTICLE II – LICENSE AND VACCINATION REQUIRMENTS

SECTION 10 – License requirements

a. Any person owning, keeping, harboring or having custody of any animal over six (6) months of age shall obtain a license as herein provided. This provision shall not apply to small caged birds or to aquatic and amphibious animals kept solely as pets.

b. Written application for licenses shall be made to the City on a form promulgated by the City Clerk. The application shall state the name, address and telephone number of the applicant and the names of all adult members of the household, proof of current rabies vaccination for any dog or cat from a licensed veterinarian or anti-rabies clinic, the name, breed, color, sex and distinguishing marks of the dog or cat. The full license fee shall be paid at the time an application is submitted to the licensing authority.

c. Licenses for dogs and cats shall be valid for a period of one (1) year. Applications for a license shall be made and the license obtained on or before the first day of June of each year for the succeeding twelve (12) month period. This requirement shall not apply to a non-resident keeping a dog or cat within the City less than sixty (60) days.

d. Tag and collar required:

(1)       Upon payment of the license fee, the licensing authority shall issue to the owner a license certificate and a metallic tag for each dog or cat so licensed.  The shape of the tag or color shall be changed every year and shall have stamped thereon the year for which the license is issued and the number corresponding to the number on the certificate.

(2)       Every owner shall provide each animal with a collar to which the license tag must be affixed and shall ensure that the collar and tag are constantly worn.  In case a tag is lost or destroyed, a duplicate shall be issued by the licensing authority upon presentation of a receipt showing payment of the license fee for the current year and payment of a one-dollar ($1.00) replacement fee.

(3)       Tags shall not be transferable from one animal to another, and no refund shall be made on any license fee because of the death of an animal or the owner’s leaving the City before the expiration of the licensed period.

e. License fees shall not be required for any certified service dog that is trained as an aid to a handicapped person and is regularly used in the service of and by a handicapped person.

f. The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public at all times.

g. A license shall be issued after payment of the following application fee:

Un-neutered male dog           $ 10.00

Neutered male dog                 $   5.00

Un-neutered male cat             $ 10.00

Neutered male cat                   $   5.00

Un-spayed female dog            $ 10.00

Spayed female dog                 $   5.00

Un-spayed female cat             $ 10.00

Spayed female cat                  $   5.00

h. No person shall use any license for any animal other than the animal for which it was issued.

i. No person shall keep, or permit to be kept, any wild animal as a pet unless they have first obtained a permit or license from the State Department of Conservation. The licensing authority shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.

SECTION 11 – Disposition of collected fees

All license fees collected by the City shall be used to carry out the provisions and intentions of this Ordinance.

SECTION 12 – Vaccination requirements

a. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest “Compendium of Animal Rabies Vaccines and Recommendations for Immunization” published by the National Association of State Public Health Veterinarians.

b. If a chicken embryo or other three (3) year type vaccine approved by the health officer is administered, the animal shall be inoculated at least once every three (3) years. If another vaccine, approved by the health officer, is administered, then such animals shall be vaccinated at the frequency approved by the health officer for the vaccine.

c. Tag worn by animal is evidence of inoculation:

(1)       At the time of the vaccination of any animal pursuant to this Ordinance, the person performing the vaccination shall deliver to the owner of the animal the tag obtained from the health officer as evidence of such inoculation.

(2)       Every owner of a vaccinated animal shall attach the tag evidencing rabies vaccination and registration to the collar or harness of the vaccinated animal and such collar or harness shall be worn by the animal at all times.

(3)       Any animal without a tag shall be deemed to be not vaccinated.

SECTIONS 13 and 14 – Reserved

ARTICLE III – Impoundment

Section 15 – Holding period for impounded animals

Section 16 – Exemption from holding period

Section 17 – Notice to owner; public notice

Section 18 – Impoundment fee

Section 19 – Unclaimed animals

Section 20 – Reserved

ARTICLE III – IMPOUNDMENT

SECTION 15 – Holding period for impounded animals

a. Impounded animals at large shall not be kept less than five (5) working days.

b. Livestock, swine or fowl shall not be kept less than five (5) working days and if not claimed after that five (5) day period, may be removed from the City.

c. If an animal is not claimed within ten (10) working days, the animal may be euthanized in a humane manner.

d. Vicious animals shall not be kept less than ten (10) working days.

SECTION 16 – Exemption from holding period

a. Any animal that was obtained directly from an owner, along with a written request from said owner for the disposal of their animal may be exempted from the five (5) day holding requirement.

b. A dog or cat may be offered for adoption or otherwise disposed of by the City after a minimum of twenty-four (24) hours.

c. An owner requesting the disposition of an animal shall pay a one hundred-dollar ($100) fee for disposing of the dog or cat at the time the animal is taken into custody.

d. Any animal presented for euthanasia by its owner or any animal suffering from disease, emaciation or injury may be destroyed by euthanasia prior to the completion any required holding period pursuant to this Article

SECTION 17 – Notice to owner; public notice

If, by a license tag or other means, the owner of an impounded animal can be identified, the Chief of Police shall, upon impoundment, immediately notify the owner by telephone or certified mail; otherwise, a description of such animal shall be posted at City Hall where it shall be readily available for public view.

SECTION 18 – Impoundment fee

a. An owner reclaiming an impounded dog shall pay the following fees:

(1)       An impoundment fee of fifty-five dollars ($55.00); and

(2)       Three dollars ($3.00) for each day their animal has been impounded; and

(3)       A bond of fifty dollars ($50.00) on those dogs not licensed.  The owner shall have thirty (30) days from the date of the bond to provide proof of current vaccinations and the purchase of a license. Once a license is purchased, the bond shall be refunded and mailed to the owner with five (5) days. Failure to provide proof of current vaccinations and the purchase of a license within the thirty (30) days will result in bond forfeiture.

(4)       Subsequent impounds occurring within twelve (12) months shall result in an impound fee of one hundred dollars ($100.00). The per day fee and bond fee shall remain as listed above.

b. All impoundment fees collected by the City shall be used to carry out the provisions and intentions of this Ordinance.

SECTION 19 – Unclaimed animals

a. Any animal not reclaimed by its owner after ten (10) working days shall become the property of the City and shall be placed for adoption, transferred to a licensed animal shelter or humanely euthanized.

b. If someone other than the verified owner of the dog or cat or any other animal impounded wishes to adopt or purchase an animal at the end of the animal’s holding period, they must first produce a contract from a qualified veterinarian to have the animal spayed or neutered and pay a thirty-five-dollar ($35.00) adoption fee.

c. Vicious animals may be redeemed after ten (10) days of observation by a veterinarian if the animal has caused physical injury to a person or another animal, or absent any physical injury to a person or another animal, after the first five (5) days of impoundment after an adequate showing that the animal shall be removed from the City after the owner has paid all impoundment fees. Subsequent impounds occurring within twelve (12) months shall be charged double.

SECTION 20 – Reserved

ARTICLE IV – Rabies Control

Section 21 – Inoculation required

Section 22 – Order of quarantine

Section 23 –Dogs and cats to be confined

Sections 24 – Quarantine of animals

Section 25 – Reserved

ARTICLE IV – RABIES CONTROL

SECTION 21 – Inoculation required

No person shall own, keep, harbor or maintain any dog or cat within the City which has not been vaccinated with the rabies vaccine by a licensed veterinarian. No license tag required by this Ordinance shall be issued until the owner of the animal furnishes a certificate, signed by a licensed veterinarian, showing that the animal has been inoculated against rabies. This certificate shall be deemed current if it does not expire within ninety (90) days of the beginning of the current license year. Recognition shall be given to a certificate which indicates a three (3) year inoculation period for dogs and cats, if signed by a licensed veterinarian.

SECTION 22 – Order of quarantine

a. For the protection of the public peace, health, welfare and safety against the rabies disease, the Board of Aldermen shall have the power and authority at any time it shall deem it necessary to issue an order to quarantine.

b. Any person who owns, controls, possesses, or has custody of any animal exposed to rabies shall comply strictly with such quarantine order.

c. Notice of a quarantine order shall be posted in at least 6 public places within the City or by publication in a newspaper within the City.

d. The Board of Aldermen shall have the power and authority at any time to cancel and recall an order of quarantine.

SECTION 23 – Dogs and cats to be confined

During the time any quarantine order enacted by the Board of Aldermen shall be and remain in force, all persons residing within the City owning cats and/or dogs shall keep said cats and/or dogs confined upon their premises, unless the cat and/or dog shall be attached to a leash not more than six (6) feet long, held by a competent person.

SECTION 24 – Quarantine of animals

a. Owners or keepers of any animal that:

  • Has bitten a human being other than the owner or keeper; or
  • Acts in a suspicious manner suggesting rabies; or
  • Is inclined towards viciousness either on the premises of its owner, keeper, or elsewhere, irrespective of whether such animal is vaccinated or licensed, shall be quarantined and held for observation at a veterinarian’s office for ten (10) calendar days.

b. The impounded animal shall be kept in such a manner that neither human beings nor animals can be bitten during the period of observation.

c. If, at the end of the ten (10) day observation period, the animal is found to be suffering from rabies or to be of such nature as to endanger the public generally, the humane officer shall cause the animal, after examination by a licensed veterinarian, to be destroyed in a humane manner. If, at the end of the ten (10) day observation period, the animal is not afflicted, it may be released to its owner upon payment of all fees and costs accrued by the detention of such animal.  If the owner fails to retrieve their animal and pay all associated fees and costs within two (2) days after notification that the animal is eligible for release, the animal may become the property of the veterinarian, be placed for adoption, transferred to a licensed animal shelter or humanely euthanized.  If euthanized, the owner shall pay the euthanasia fee.

SECTION 25 – Reserved

ARTICLE V – Owning and keeping animals

Section 26 – Number of animals

Section 27 – Wild animals

Section 28 – Exotic animals

Section 29 – Vicious dogs or animals

Section 30 – Other domestic animals

Section 31 – Keeping of livestock or swine restricted; exceptions

Section 32 – Laying hens

ARTICLE V – OWNING AND KEEPING ANIMALS

SECTION 26 – Number of animals

a. It shall be unlawful to own, keep or harbor as pets more than four (4) dogs or cats, or a combination thereof, over the age of six (6) months inside a human dwelling house or yard.

SECTION 27 – Wild animals

a. No person shall own, possess or have custody on his premises any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee, unless the person has previously obtained a permit from the Missouri Department of Conservation.  The Department has the authority to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.

b. This section shall not be construed to apply to American Association of Zoological Parks and Aquariums (AAZPA) accredited facilities.

SECTION 28 – Exotic animals

It shall be unlawful for any person to possess, keep, maintain or have under his or her control any exotic animal within the City limits, unless expressly authorized by this Ordinance.

SECTION 29 – Vicious dogs or animals

a. It shall be unlawful to keep, harbor, own or in any way possess, or bring within the corporate limits of the City, any vicious dog.

b. The Chief of Police or by court order may have a vicious animal impounded:

(1)       At the end of the impoundment, the owner may claim the animal after paying all associated fees or costs, or have the animal humanely euthanized at their own expense.

(2)       If the animal is released to the owner, it shall, at the owner’s expense, either be microchipped or a tattoo shall be placed in the ear of the animal so that proper identification can be made. The owner shall then remove the animal from the City to be in compliance with this ordinance.

(3)       If the animal is not claimed at the end of ten (10) working days, it may be humanely euthanized at the owner’s expense.

c. If the owner refuses to remove the vicious animal from the City, the Court may find the owner in contempt and order the immediate confiscation and impoundment, destruction or removal of the animal from the City.

SECTION 30 – Other domestic animals

a. It shall be unlawful for any person to possess, keep, maintain or have under his or her control any horse, mule, ass, cattle, sheep, swine, goat, chicken, turkey, rabbit, guinea pig or any other animal or fowl not commonly kept as a pet within the limits of the City unless expressly authorized by this Ordinance,

b. The provisions of this Section shall not apply to the owner or occupant of any tract of real estate that lies partially within and partially outside the City limits and is used for agricultural purposes. Provided, however, that this Section shall apply to all tracts lying within the City if the agricultural uses are abandoned, discontinued or ceased for a continuous period of one (1) year. Properties that have not lost their agricultural uses shall have a fence with the posts no more than eight (8) feet apart and a fence at least six (6) feet tall.  Rails between the posts shall not be more than eighteen (18) inches apart.

SECTION 31 – Keeping of livestock or swine restricted; exceptions

a. The provisions of this Section shall not apply to the owner or occupant of any tract of real estate that lies partially within and partially outside the City limits and is used for agricultural purposes; provided, however, that this Section shall apply to all tracts lying within the City if the agricultural uses are abandoned, discontinued or ceased for a continuous period of one (1) year. Properties that have not lost their agricultural uses shall have a fence with the posts no more than eight (8) feet apart and a fence at least six (6) feet tall.  Rails between the posts shall not be more than eighteen (18) inches apart.

b. No person shall keep, harbor, provide shelter for or feed any livestock, swine or fowl within the City limits for any continuous period of time exceeding twenty-four (24) hours during any calendar quarter.

c. Future Farmers of America (FFA) and 4-H members shall be permitted to have livestock (one animal per enrolled member) within the City limits as long as they meet the following requirements and obtain a written permit from City Hall:

(1)       Each FFA and/or 4-H member shall submit a letter of good standing from the organization of which they are a member; and

(2)       Each FFA and/or 4-H member shall obtain the written agreement of all property owners within a one (1) block area of the property where the animal will be kept. This requirement is not fulfilled if there are any objections; and

(3)       Each FFA and/or 4-H member shall ensure that the animal is properly contained in a fence and has appropriate shelter at all times; and

(4)       Each FFA and/or 4-H member shall ensure that the animal does not remain on the property for more than four (4) months; and

(5)       The animal shall not exceed a weight of two hundred and fifty (250) pounds.  In the event the animal does exceed a weight of two hundred and fifty (250) pounds, the FFA and/or 4-H member shall obtain a special permit from the Board of Aldermen.

SECTION 32 – Laying hens

Laying hens, hereinafter referred to as fowl, may be kept pursuant to the following restrictions and requirements:

a. No person shall keep or maintain any fowl, within any enclosure that is within one hundred (100) feet of any residence or dwelling place other than that of the keeper thereof, and no more than twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet.

b. No roosters shall be kept within the City limits.

c. Fowl shall not be allowed to run at large and shall be restrained in a manner and by such means as will prevent the fowl from escaping, straying or running at large. Gates used to restrain fowl shall be kept closed with a chain and padlock to minimize vandalism.  Any fowl found running at large or not kept as required by this Section shall be subject to the impoundment provisions of this Ordinance.

d. Every person keeping or maintaining fowl shall keep the barn, shed or pen in which the fowl are kept or maintained in a clean and sanitary condition so that the same shall not emit foul or disagreeable odors. The keepers shall not permit any concentration of fowl droppings and feathers to occur.

e. Permitting carcasses of fowl to remain exposed after five (5) hours following death is hereby declared a nuisance and is prohibited.

SECTIONS 33 and 34 – Reserved

ARTICLE VI – Responsibilities and Requirements; Prohibitions

Section 35 – Presumption

Section 36 – Containment on owner’s property; use of leash

Section 37 – Animals prohibited at public functions; exceptions

Section 38 – Confinement of female animals in heat

Section 39 – Animal waste

Section 40 – Abandonment of animals

Section 41 – Animal Neglect

Section 42 – Animal Abuse

Section 43 – Public Nuisance

Section 44 – Impede enforcement

ARTICLE VI – RESPONSIBILITIES AND REQUIREMENTS; PROHIBITIONS

SECTION 35 – Presumption

In the prosecution charging a violation of this Ordinance, proof that at the time of the violation the defendant named in the complaint was the person who owned or was in control of the animal shall constitute prima facie evidence that the owner or the person in control of the animal was the person to be held responsible for the violation of any of provisions of this Ordinance.

SECTION 36 – Containment on owner’s property; use of leash

a. All dogs or cats within the City shall be leashed or securely penned on the owner’s property in such a way that said dog or cat is confined and unable to leave the property.

b. A cat or dog may be led on a leash not more than six (6) feet long.

c. A dog or cat may be contained on the owner’s property without a leash if the owner is present and the animal is at heel.

SECTION 37 – Animals prohibited at public functions; exceptions

a. Except as set forth in sub-section (b) below, no animal shall be present at any function within the City generally open to the public when ten (10) or more persons are present.

b. The provision of sub-section (a) above shall not apply to:

(1)       Certified seeing-eye dogs, hearing dogs, governmental police dogs, or other certified dogs that are trained to assist the physically handicapped; or

(2)        Any animal that is participating in a pet parade or other exhibition sponsored by the organization that is holding the public function. However, at the conclusion of any such parade or exhibition, the pet shall be removed from the immediate area of the function.

SECTION 38 – Confinement of female animals in heat

Every unaltered female animal, when in heat, shall be confined in a building or secure enclosure in such a manner that the female animal cannot come into contact with another animal except for planned breeding or create a nuisance by attracting other animals.

SECTION 39 – Animal waste

a. No person shall permit their animal, or an animal in their possession or control, to defecate at a location which is not the owner’s property;

b. The owner or the person in control of any animal shall remove any excreta deposited by his or her animal(s) on public walks, recreation areas or private property.

c. It shall not be a violation of this Section if feces is immediately cleaned up and placed in a trash receptacle or taken to a location where the owner may legally dispose of the feces.

SECTION 40 – Abandonment of animals

It shall be unlawful for any person to abandon any animal within the City limits or to permit any animal abandoned by him or her in the vicinity of the City limits to stray back in the City.

SECTION 41 – Animal neglect

a. Any person who has custody and/or ownership of an animal and fails to provide adequate care or control of the animal shall be found guilty of animal neglect.  It shall be unlawful to leave an animal tied out and unattended without sufficient food, water and shelter.

b. No owner or person who is responsible for the control and/or care of any animal shall neglect said animal. Animal neglect shall include, but is not limited to, the following:

(1)       Failure to provide the animal with sufficient and wholesome or nutritious food; or

(2)       Failure to provide veterinary care when needed to prevent suffering; or

(3)       Failure to provide humane care and treatment; and

(4)       Failure to provide a doghouse or shelter offering protection from the elements, (heat and cold, rain, sleet, snow, hail, etc.).  The shelter shall have bedding such as straw, cushion, sawdust, woodchips, etc.

c. Return of neglected animals:

If a person shall plead guilty to, or be convicted of animal neglect and the Court is satisfied that an animal owned or controlled by such person would be subject to future neglect, the animal shall not be returned to or allowed to remain with such person, and its disposition shall be determined by the Court.

SECTION 42 – Animal Abuse

a. No owner or person who is responsible for the control and/or care of any animal shall abuse said animal. Animal abuse includes, but shall not be limited to, the following:

(1)       Intentionally killing an animal in any manner prohibited other than those expressly exempted by the provisions of this Ordinance; or

(2)       Intentionally or cruelly beating, mistreating, tormenting, overloading, overworking, or otherwise abusing an animal or causing injury, suffering or pain to an animal; or

(3)       Abandoning an animal in any place without making provisions for its adequate care; or

(4)       Overworking or overloading an animal or driving or working an animal that is unfit to work; or

(5)       Instigating or permitting any dogfight, cockfight, bullfight or other combat

between animals or between animals and humans; or

(6)       Cropping an animal’s ears or tail, except by a licensed veterinarian; or

(7)       Exposing an animal to any known poisonous substance, whether mixed with food or not, so that it shall be likely to be eaten by that animal. It shall not be unlawful for a person to expose on their own property common rat poison mixed only with vegetable substances;

(8)       In the event a person operating a motor vehicle strikes a domestic animal, failing to report such injury or death to the appropriate local authority.

b. Return of abused animals:

If a person shall plead guilty to, or be convicted of animal abuse and the Court is satisfied that an animal owned or controlled by such person would be subject to future abuse, the animal shall not be returned to or allowed to remain with such person, and its disposition shall be determined by the Court.

SECTION 43 – Public nuisance

a. No one who owns, keeps, harbors or has control over any animal shall permit the animal to become a public nuisance animal. A public nuisance animal includes, but shall not limited to, any animal that:

(1)       Repeatedly runs at large; or

(2)       Trespasses on and damages the property of anyone other than its owners or those who control or harbor it; or

(3)       Molests or intimidates pedestrians or passersby;

(4)       Chases vehicles;

(5)       Excessively makes noises including, but not limited to, continued repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

(6)       Causes fouling of the air by an odor that creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

(7)       Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

(8)       Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or

(9)       Attacks other domestic animals without provocation; or

(10)     Is diseased; or

(11)     Impedes refuse collection by ripping any bag or tipping any refuge container.

b. Any individual complaining about a public nuisance animal must be willing to sign a complaint and testify in court as to the offending animal or charges will not be pursued against the owner, keeper or person harboring the offending animal.

c. Any owner, keeper or anyone who harbors a public nuisance animal, upon a plea or finding of guilt, in addition to any fine imposed, shall abate the nuisance or pay restitution to the person injured by the nuisance.

SECTION 44 – Police Dogs

a. It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Rich Hill Police Department in the performance of its duties.

b. It shall be unlawful for any person to interfere with or meddle with any dog or any officer in the performance their duties.

SECTION 45 – Impede enforcement

It shall be unlawful for any person to conceal an animal or interfere with the Chief of Police or his authorized representative in the performance of his legal duty as provided in this Ordinance.

SECTION 46 – License Revocation

Any violation of this Ordinance shall constitute sufficient cause for revocation of such license.

Section 2. All ordinances or parts or ordinances in con­flict with this Ordinance arc hereby repealed to the extent of such conflict.

Section 3. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance that can be given effect without the invalid part or parts.

Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval[1].

Read two times and passed this 13th day of February 2019.

 

_______________________________________

Jason Rich, Mayor

 

ATTEST:

_______________________________________

Brittany Schenker, City Clerk

Ayes: Kassner, Pilcher, Robb

Nays: None

Humble Absent

[1] For informational purposes, this ordinance updates, supplements, and in some instances, repeals and replaces the following ordinances:  Ordinance 1659, enacted September 26, 2017; which repealed and replaced Ordinance 1534, enacted February 9, 2016; which repealed and replaced Ordinance 1509, enacted May 26, 2015; which repealed and replaced Ordinance 1501, enacted January 27, 2015: which repealed and replaced Ordinance 1395, enacted March 12, 2013: which repealed and replaced Ordinance 1394, enacted February 28, 2013; which repealed and replaced Ordinance 1371, enacted November 15, 2011: which repealed and replaced Ordinance 1325, enacted November 11, 2008; which repealed and replaced Ordinance 1283, enacted June 12, 2007: which repealed and replaced Ordinance 1267, enacted August 8, 2006; which repealed and replaced Ordinance 1222, enacted January 11, 2005; which repealed and replaced Ordinance 1212, enacted May 25, 2004; which repealed and replaced Ordinance 1181, enacted April 29, 2003; which repealed and replaced Ordinance 1161, enacted February 11, 2003;which repealed and replaced Ordinance 1089, enacted October 13, 1998; which repealed and replaced Ordinance 1088, enacted March 4, 1998; which repealed and replaced Ordinance 1047, enacted August 22, 1995; which repealed and replaced 1045, enacted May 23, 1995; which repealed and replaced Ordinance 1043, enacted April 25, 1995; which repealed and replaced Ordinance 1008, enacted March 10, 1992; which repealed and replaced Ordinance 0910; which repealed and replaced Ordinance 0889, enacted February 14, 1980; which repealed and replaced Ordinance 883, enacted October 23, 1979; which repealed and replaced Ordinance 0871, enacted February 12, 1979; which repealed and replaced Ordinance 0863, enacted June 26, 1987; which repealed and replaced Ordinance 0711, enacted April 11, 1972 and amended February 11, 1977; other reference Ordinance 521B, enacted July 13, 1971 and amended August 14, 1923.

Agenda February 13, 2019

  1. Call to Order
  2. Moment of Silence
  3. Pledge of Allegiance
  4. Roll Call
  5. Approval of the Agenda
  6. Guests
    1. Beer and Wine Tasting – The Christmas Elves
  7. Public Comments: Each speaker shall be limited to 3 minutes
    1. PERSONS WHO PARTICIPATE IN THE CITIZEN COMMENT PORTION OF THE MEETING SHOULD BE AWARE THAT THE FOLLOWING STATEMENT WILL BE READ INTO THE RECORD IN ORDER TO AFFORD LISTENERS A FULLER UNDERSTANDING AS TO THE NATURE OF THE PROCEEDINGS

      Members of the audience and those reading our minutes are reminded that the Board of Aldermen do not control or vouch for the accuracy or truthfulness of any statements made by those who participate in the citizen comment portion of our meeting.

  8. Minutes
    1. Waive the Reading of the Minutes
    2. Approval of the Minutes
      1. Board Meeting 1/9/19
  9. Financials
    1. Bills for payment 2/13/19
      1. Operating Cash $140,300.39
      2. Restricted $2,025.07
      3. Designated $0
      4. Total Payment $142,325.46
    2. Financial Statement
    3. Check Register from 1/9/19 to 2/13/19
    4. Transaction Register
    5. Rich Hill Memorial Library Financial Statement
  10. Purchase Orders
  11. Unfinished Business
    1. Bill No. 684, Animal
  12. New Business
    1. Resignation of Jerry Williams
    2. Mower Bids
    3. Transfer Case Bids
    4. Nuisances and Dangerous Buildings
    5. Bill No. 685, Parks
    6. Bill No. 686, Mobile Home and RV
    7. Bill No. 687, Minimum Housing Standards
    8. Bill No. 688, Repeal of Equipment Rental
  13. Reports
    1. Alliance Report
    2. Electric Report
    3. Fire Report
    4. Police Report
    5. Superintendent Report
  14. Closed Session Section 610.021 RSMo. Paragraph #1 Legal, #3 Personnel, and #13 Performance Rating
  15. Adjournment

February 2019

February 2019
   
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
             
3 4 5 6 7 8 9
             
10 11 12 13 14 15 16
      Council Meeting 7:00PM   Rich Hill Utility Bill’s Due  
17 18 19 20 21 22 23
  City Offices Closes

President’s Day

Penalty Applies to Utility Bill @ Open of Business City of Rich Hill SHUT OFF DAY at open of business      
24 25 26 27 28
             
         
             

2019-4 Credit Cards

RESOLUTION 2019-4
Passed by the Board of Aldermen on January 9, 2019
Ayes: Humble, Robb, Pilcher, Kassner
Nays: None

A Resolution establishing a procedure for the use and processing of credit cards.

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

OBJECTIVE

The City of Rich Hill strives to protect sensitive information provided during the payment process.  This policy is to provide a standard for the process of credit cards.

HANDLING

  1. The City shall not store more than the first six digits and/or the last four digits of a credit card number.
  2. The City shall not store the card verification code or value under any circumstance.
  3. The City shall not collect or store personal identification numbers (PIN) under any circumstance.
  4. The City shall not share any information gathered in processing a credit card with anyone other than the card holder or third parties.
  5. Credit card data will not be collected via the internet.
  6. Credit card payments will only be processed by office personnel who are bonded to take payments.
  7. Credit card information shall only be taken in person or via phone payments.

PHONE PAYMENTS

When processing credit cards for phone payments, it is necessary to write the information given to accurately process the payment at the credit card machine.  As such, the following will be followed for credit card data:

  1. Credit card data-including card numbers, CVC/CVV numbers and expiration dates, shall be shredded after completing the transaction.
  2. If a transaction fails for any reason, the information shall be shredded and the card holder shall re-submit the information at a later date.
  3. Credit card payments must be verbally authorized by the card holder.

POLICY REVIEW

The credit card policy shall be reviewed annually and updated as needed.

DISCIPLINARY ACTIONS

Because of the sensitivity of credit card information any employee who knowingly violates this policy is subject to disciplinary action up to and including discharge and/or legal proceedings.

____________________________

Jason Rich, Mayor

Attest:

____________________________

Brittany Schenker, City Clerk

 

2019-1 Work Rules and Procedures

RESOLUTION 2019-1 WORK RULES AND PROCEDURES
Adopted by the Board of Alderman
January 9, 2019
Ayes: Humble, Robb, Kassner, Pilcher
Nays: None

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

ARTICLE 1               Definitions

Exempt employee – An employee designated as such by the Board of Alderman pursuant to Federal Fair Labor Standards.

First responders – Licensed emergency management technicians, law enforcement and fire department personnel.

Full-time employees – Any employee that is hired to work at least 40 hours a week. To maintain full-time status, employees shall work 40 hours per week or use qualified leave except employees who are exempt.

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.

Probationary employees – All new employees hired to work shall be on probation for at least 6 months.

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

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.

Work boots – A sturdy boot intended as workwear.

ARTICLE 2               Regular Scheduled Working Hours

The City of Rich Hill business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Regular working hours are from 8:00 a.m. to 5:00 p.m. unless otherwise scheduled.

ARTICLE 3               Board of Aldermen/Employee Relationship

The Board of Aldermen shall enforce discipline, employ, suspend, promote, discharge employees and direct its working forces. The Board of Aldermen reaffirms that all employees are employed at will. The Mayor is authorized to make provisional employment offers which shall be subject to approval by the Board of Aldermen at the next regular meeting.  If a prospective employee begins work prior to their appointment being approved by the Board of Aldermen, and their appointment is subsequently not approved, then said employee shall be considered to be terminated as of the date of the Board of Aldermen’s decision.

ARTICLE 4               Non-Discrimination/Racial Profiling

  1. The Board of Aldermen shall maintain a policy of non-discrimination against any employee or applicant for employment because of the employee’s race, color, religion, sex, age, national origin or any other basis prohibited by state statues.
  2. 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 shall be used as permitted by local, state and federal laws in a policy of providing equal opportunities in all aspects of employment.
  3. The Rich Hill Police Department shall follow all state laws regarding racial profiling. The Rich Hill Police Department shall not make any traffic stop or arrest on the basis of race, creed, religion, sex, age, national origin or any other class prohibited state statues.

ARTICLE 5               Standards of Conduct

These work rules are documented to establish acceptable conduct while in the work place but is not an all-inclusive list of conduct that could lead to disciplinary action.

Any action which reflects discredit upon the municipal service or is a direct hindrance to the effective performance of the municipal government functions shall be good reason for disciplinary action against any officer or employee of the City.

  1. Each employee shall control his or her conduct in a manner that promotes harmony in the work place. Common sense, an awareness of other’s feelings, knowledge of City procedures, and personal integrity shall guide all employees’ actions. Employees should do what they know is right, and if they do not know, he or she shall ask their supervisor for guidance.
  2. Now, more than ever before, the actions of City employees are closely scrutinized by the public. It is, therefore, essential that Rich Hill City employees 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 of Rich Hill City employees. Consequently, no employee shall engage in offensive conduct that brings discredit upon the City or its services.
  3. As good citizens and productive workers, our employees shall observe the law, as well as generally accepted standards of conduct. Any behavior that violates any law or contradicts any of these standards, hurts the image of the individual, as well as the City. Employees shall deal courteously, openly and fairly with each other and with the public and maintain proper standards of behavior.
  4. In addition to the conduct described in Paragraphs 1, 2 and 3 above, listed below are a number of other acts and behaviors that all Rich Hill City employees shall avoid:

A. Falsification of City records, including employment applications, medical records and time tickets.

B. Intentional destruction or damage to City property or property of employees.

C. Fighting during working hours (including lunch or break periods).

D. Theft of City property or energy.

Use by an employee of his or her position to steal or aid another employee or member of the public in stealing.

E. 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 shall follow the drug policy.

F. Intimidation or coercion or attempted intimidation or coercion of other employees.

G. Willful disobedience, insubordination or intentional failure to carry out instructions.

H. Acts of deception, dishonesty or fraud, including the misuse of the employee’s position in manipulating his or her account or service, or the intentional mishandling of the account of a fellow employee, friend, relative or member of the public.

I. Use of abusive, threatening or profane language to supervisors, other employees or members of the public.

J. Abuse of sick leave.

K. Disclosure of confidential information regarding the City, its employees or customers.

L. Sleeping during working hours.

M. Gross negligence or conduct that could result in damage to City property or personal injury.

O. Curb reading meters/estimating meters (excluding E-readers and inclement weather).

P. Operating a motor vehicle on City business without a valid driver’s license or violating the provisions of a restricted driver’s license.

Q. Excessive tardiness.

R. Unsatisfactory job performance.

S. Neglecting one’s job duties and responsibilities.

T. Violation of dress code, if applicable.

U. Permitting unauthorized passengers to ride in City vehicles.

V. Excessive use of City telephone for personal business.

W. Unexcused absences

X. If an employee drives a city vehicle and/or equipment he or she shall provide a copy of their valid driver’s license to the City Clerk.

  1. Driving privileges shall be suspended in any instance where a valid driver’s license is not presented. Upon approval by the Mayor, driving privileges may be reinstated upon submission of a valid license. Each employee shall provide a copy of his or her driver’s license upon renewal to the City Clerk.
  2. Each employee shall notify the Mayor upon suspension or revocation of his or her driver’s license. Disciplinary procedure as stated in (y) above shall be enforced.

Z. If an employee receives mileage reimbursement for pre-approved use of his or her personal vehicle, the employee shall submit a copy of valid liability insurance on the personal vehicle to the City Clerk. Progressive disciplinary action may result in suspension of approved use of the personal vehicle and proof of valid liability insurance submitted within 30 days of the warning. Use of a personal vehicle may be reinstated upon approval by the Mayor once proof of insurance is submitted.

AA. No employee shall personally record audio conversations or statements or video tape the image of another employee while on or off duty for the City with malicious intent and/or without the other employees written permission or unless the recording is approved by the Board of Aldermen. The only exception shall be police officers using a recording device in the course of an official investigation.

BB. Any employee who witnesses suspicious activities concerning staff being stalked and/or videotaped or is the object of being stalked and/or being videotaped shall immediately contact the police department, make a police report of such incident and notify in writing his or her immediate supervisor (copy of the police report is sufficient notice in writing to the immediate supervisor).

CC. Participation in political activities:

1)          City employees shall not be coerced to take part in political campaigns to solicit votes, to levy, contribute or solicit funds in support of or in opposition to the appointment or election of candidates for offices of Mayor or Aldermen.

2)          City employees shall not actively advocate or oppose the candidacy of any individual for the position of Mayor or Alderman but may participate in political affairs at other levels of government so long as it does not impair his or her employment with or have a negative impact on the City.

3)          It is at the city employees’ discretion to exercise his or her right to vote in municipal elections, but he or she shall not take a public stance in any municipal election, except, city employees may provide information based on City-approved educational literature concerning issues of interest to its citizens.

4)          First responders, licensed emergency medical technicians, law enforcement and fire department personnel shall not actively participate in political affairs at any level of government, including advocacy or opposition to a candidacy of any individual for nomination or election to the office of Mayor or Alderman while on duty or while in uniform, except first responders, licensed emergency medical technicians, law enforcement and fire department personnel may engage in any political activity while off duty and not in uniform, may be a candidate for elected or appointed public office or may hold political office unless such political activity or candidacy is otherwise prohibited by state or federal law.

ARTICLE 6               Disciplinary procedures

Employees who fail to comply with work rules, including compliance with drug, smoking and safety policies, may be subject to disciplinary action up to and including termination.

Supervisors may follow these normal disciplinary procedures:

  1. Verbal counseling (first step) Documentation shall appear in the employee’s personnel file.
  2. Written warning (second step), outlining the nature of the offense and necessary corrective action to be undertaken.
  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, may be required unless the disciplinary action is the result of a serious violation.

Special forms to document a disciplinary action shall be prepared, signed and dated by the supervisor concerning each disciplinary action taken against an employee. The employee must also date and sign the form, indicating he or she has read and understands the disciplinary action and has received a completed copy of the disciplinary form. Once signed by the supervisor and the employee, the form shall be a permanent record in the employee’s personnel file.

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

  1. Repeated work and or safety rule violations 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 and compliance with work rules within their departments may be demoted or terminated after three documented warnings have been levied during any calendar year.

ARTICLE 7               Drug Policies

All employees of the City shall comply with the drug policy written by the agency with whom the City is currently under contract. The policy shall be approved by the Board of Aldermen.

The following job descriptions are 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 8               Smoking

The City desires 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 of Rich Hill. Smoking shall not be permitted in enclosed areas used by the general public or serving as a place of work, including any open office area. All City-owned vehicles operated by the City shall be smoke free.

ARTICLE 9               Computers and Software

All computers used for City business shall use software as designated by the Board of Aldermen. A backup of all computers shall be stored on the main server on scheduled work days. A copy of the backup shall be stored in the firebox. A weekly backup shall be stored in the City’s financial organization. In addition, a copy of the weekly backup shall be stored with the City Clerk. A yearly backup for each fiscal year and a yearly backup of payroll shall be kept in the lock box of the City’s financial organization. No employee shall use any City-owned computer equipment except for performance of City work.

ARTICLE 10             Police Video Surveillance Equipment

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

ARTICLE 11             Uniforms

Full-time employees shall wear the City uniform. The City shall pay for the approved shirt rentals for all city crew members. The City shall pay for the electric crew members fire resistant shirt and jean rentals. City employees required to wear a uniform, including police officers, shall be reimbursed up to $50.00 a year for a work boot allowance. Work boots are a required part of the City uniform for all crew members and police officers. Uniforms for police officers shall be purchased at the discretion of the Board of Aldermen. Police officers and the Chief of Police shall maintain a professional appearance while they are on duty for the City of Rich Hill. All full-time officers shall be dressed in the approved uniform. Specifications for the approved uniforms shall be determined at the discretion of the Board of Aldermen.

ARTICLE 12             Health Insurance

  1. All full-time employees shall have the opportunity, at the renewal date of the City’s current Health Insurance policy, to have health and life insurance with the company with whom the City is currently under contract. Beginning December 1, 2018, the City shall pay 70 percent of the cost of the health and life insurance of the employee; the employee shall pay the remaining cost as well as the cost of any other insurance selected by the employee.
  2. All new full-time hires who desire to have health insurance shall enroll with the City’s insurance carrier on the 31st day after employment by notifying the administrative office and payroll. Deductions shall begin on the 1st day of the month following the 31st day of employment, and insurance coverage shall begin on the 1st day of the month following the 60th day of employment.

ARTICLE 13             Hepatitis Shots

All full-time, permanent employees that work at the Wastewater Plant, all Police Officers and the City Crew shall receive hepatitis shots. The City shall pay the costs. Any employee that chooses not to receive these shots shall sign a form declaring that he or she is declining the shots.

ARTICLE 14             Deferred Compensation Plan

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

ARTICLE 15             Criminal Record Check

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

ARTICLE 16             Board Meetings

All Department Heads or Supervisors for the City shall attend Board meetings when it is part of his or her employment or when requested by the Board. If a circumstance should arise where the employee feels he or she cannot meet this requirement, a written excuse shall be given to the Mayor.

ARTICLE 17             Travel and Training

  1. All training and travel contained within the budget shall be approved by each employee’s supervisor; any unbudgeted training shall be approved by the Board of Aldermen.
  2. Meals for the City employee only shall be reimbursed at no more than $22.50 per day when travel and training. Reimbursement for meals shall only be paid when accompanied with a dated receipt indicating the amount paid and the name of the establishment.
  3. Hotel lodging shall be booked by the City Clerk or the supervisor.
  4. Employees who use his or her personal vehicle for City business shall be reimbursed according to federal mileage reimbursement for each mile if the employee turns in a requisition to the City Clerk.

ARTICLE 18             Police Training

In accordance with Missouri Revised Statute § 590.040, all newly-hired peace officers shall complete the required training for certification by the Department of Public Safety.

ARTICLE 19             City Vehicles & Equipment

  1. All City vehicles and equipment shall be parked and locked on City property at the end of the regular shift of the employee. This excludes police vehicles taken to the officer’s residence with the approval of the Mayor.
  2. Police vehicles shall 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.
  3. If an employee is called out after the end of their regular shift, he or she shall report to their department and procure the needed vehicle or equipment. After the call-out task is completed, the vehicle or equipment is to be returned and locked.

ARTICLE 20             Televisions

No televisions shall be allowed in City facilities, except the television/VCR in the Chambers of the Board of Aldermen and that equipment shall be used for training, educational, and information purposes related to City business.

ARTICLE 21             Paychecks

  1. Weekly paychecks shall be issued on Friday following the end of the pay period.
  2. Terminated employees’ final paychecks shall be available for pickup at City Hall within 2 working days of their notice of termination. Final paychecks shall be a paper check.
  3. Employees who resign shall receive his or her final paycheck on Friday following the end of their employment as long as there are at least 2 working days for calculations; otherwise, the final paycheck shall be received the following Friday.

ARTICLE 22             Work Orders

  1. Work orders shall be completed in a timely manner.
  2. Work orders for water and electric service re-connections shall be completed on the same day if posted on the board before 1:00 p.m. If posted after 1:00 p.m., re-connections shall be completed no later than the next working day. Other utility work orders shall be completed in a timely manner.
  3. The City Superintendent shall pick up work orders (at a minimum) when the workday begins and again at 1:00 p.m. for daily scheduling.

Monthly a report of incomplete work orders will be present to the Mayor.

ARTICLE 23             Investment of City Funds

  1. All investments of City funds in interest bearing accounts shall be approved by a majority of the Board of Aldermen, with the Mayor casting the deciding vote in the event of a tie.
  2. The office staff shall make the day-to-day deposits into the City’s checking account and pay necessary expenditures.
  3. The City Clerk shall transfer the perpetual care interest to the cemetery fund on an annual basis.

ARTICLE 24             Holidays

  1. The city shall observe the following holidays:
    1. New Year’s Day
    2. Presidents Day
    3. Memorial Day
    4. Independence Day
    5. Labor Day
    6. Columbus Day
    7. Veteran’s Day
    8. Thanksgiving Day
    9. Day after Thanksgiving
    10. Christmas Day
  2. When a holiday occurs on a Sunday, it shall be observed the following Monday, and when a holiday occurs on a Saturday, it shall be observed the preceding Friday. This shall apply only to employee that do not work on the day of the holiday.
  3. Full-time employees shall be paid 8 hours on each holiday provided they have worked or scheduled vacation leave on the day before and the day after the holiday. An employee shall lose all holiday pay if he or she calls in sick the day before or the day after a holiday unless the employee has a doctor’s note.
  4. Work by employees on holidays shall be limited to that which is deemed by the Board of Aldermen to be essential to the performance of the City’s obligations to furnish adequate service. The Mayor and Board of Aldermen shall permit employees whose services are not required on a holiday to be excused from work without loss of pay. These employees shall be 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, that employee shall automatically forfeit the employee’s pay for that holiday.
  5. An employee who works on a holiday as part of the employee’s basic work week shall be paid his or her regular time rate and holiday pay equal to the number of hours worked on the holiday.
  6. Part-time employees shall be paid time and half when working on a holiday.

ARTICLE 25             Qualify for Vacation Time

All full-time employees shall accrue vacation hours weekly. New employees shall not accrue vacation until the end of their 6-month probation.

ARTICLE 26             Accumulation of Vacation Time

Full-time employees shall accrue vacation time each week as follows:

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

Years 1 through 4                               1 ¾ hours (91 hours per year)

Years 5 through 9                               2 ½ hours (130 hours per year)

Years 10 through 14                           2 ¾ hours (143 hours per year)

Years 15 through 19                          3 hours (156 hours per year)

Years 20 through 24                          3 ¼ hours (169 hours per year)

Years 25 through 29                          3 ½ hours (182 hours per year)

30+ years                                            3 ¾ hours (195 hours per year)

Any hours accumulated by an employee at the time of passage of these work rules along with and any increase accrued per the work rules shall be added to hours already accumulated.

ARTICLE 27             Scheduling Vacation Time

  1. An employee shall not schedule a vacation day on a holiday. An employee shall not receive vacation and holiday pay for the same day.
  2. An employee shall not use more vacation time daily than he or she is normally scheduled to work. Example: An employee regularly works 8 hours a day; he or she cannot use any more than 8 hours a day of vacation time.
  3. Choice of vacation period shall be awarded on a seniority basis, when scheduled by March 1st of each year. However, if an employee splits his or her vacation, the employee shall exercise seniority rights only once.
  4. Vacation time shall be scheduled and approved by the employee’s supervisor in writing, with a copy submitted to the Mayor.
  5. An employee shall schedule each vacation period when it will not result in exceeding the number of employees permitted to be on vacation at one time.
  6. Vacation pay shall be paid at the employee’s regular rate of pay.
  7. Employees on a leave of absence shall not accrue vacation time.
  8. An employee shall be permitted to carry a maximum of 180 hours of vacation time over into the next year. The cut-off for the hours shall occur on the last check issued in December of each year.
  9. Vacation shall be scheduled 10 business days prior to use unless special permission is granted by the supervisor.

ARTICLE 28             Vacation Allowance upon Termination/Resignation

Upon termination or resignation of an employee, he or she shall be paid any unused accumulated vacation time.

ARTICLE 29             Working Hours/Pay Rate

All full or part-time employees who work over the designated 40-hour work week shall have his or her direct supervisor’s approval of the overtime. All shifts are 40-hour work weeks unless specified when hired. Seasonal part-time help and temporary help are also a 40-hour work week unless hired as otherwise and also requires supervisor approval of overtime.

Department: Supervisor: 40 hour work week Week defined as: Monday 7:00 a.m. to Monday at 6:59 a.m. Over 40 hours is Overtime

Choice: Pay or Comp time at time and one-half

Maximum Comp 9 hours at year end
Police Police Chief X X X X
Police Chief Mayor X X X X
Waste Water Plant Operator Alliance NA NA NA NA
Water Plant Supervisor & Operators Alliance NA NA NA NA
Office Personnel City Clerk X X X X
City Clerk Mayor X X X X
City Crew Superintendent X X X X
Superintendent

 

Mayor X X X X
Electric Crew Electric Superintendent X X X X
Electric Superintendent Mayor X X X X

Note: NA= Not Applicable

ARTICLE 29A           Comp Time

  1. Employees have the option to accrue comp time at a rate of time and a half in place of overtime worked.
  2. At the end of each calendar year, employees shall be allowed to carry 9 hours of comp time. Any additional hours shall be taken off prior to the end of the year. Time taken off is at the discretion of the supervisor. If time cannot be taken off, the employee shall be paid for any hours above the 9 hours on the final paycheck of the year.
  3. Because comp time is accrued at time and a half, it will be paid at the employee’s regular rate of pay.

ARTICLE 30             Timesheets/Timecards

  1. Timesheets are due on Monday by 12:00 p.m. (noon) if an employee is to be paid that Friday. If a holiday falls on Monday, timesheets are due by Tuesday at 9 a.m.
  2. For the purpose of timekeeping, the date to which the basic workday is allocated shall be the date on which the employee started his or her shift.
  3. All hours shall be recorded on the timesheet and shall not be kept on separate records by the employee or supervisor.
  4. All employees shall complete, sign and date overtime sheets; a copy of the overtime sheet shall be placed in the employee file.

ARTICLE 31             On-call Time and Call Out

  1. Any employee who is placed on-call and being paid on-call time shall be available for service to the City at the City’s request 24 hours a day while on on-call. If an employee trades on-call with another employee for the full 24-hour period then the employee that is taking the on-call trade shall receive the on-call pay. If there is a situation where the on-call employee trades for a part of the 24-hour period, the original on-call employee receives the on-call pay. All trades must be approved by the City Superintendent.
  2. On-call time shall be paid to an employee at the rate of $25.00 per day.
  3. On-call time on a holiday shall be paid to an employee at the rate of $50.00 per day.
  4. An hourly employee who is called out shall be paid time and half for each hour worked.
  5. An hourly employee who is called out on a holiday shall be paid double time for each hour worked. This shall include the holiday and the day that the holiday is observed by the City.
  6. On-call time and call outs do not apply to police officers.
  7. The City Crew shall have 2 employees on-call each weekend and each holiday. The mayor shall have authority to authorize addition on-call employees in an emergency situation.

ARTICLE 32             Family and Medical Leave Act (FMLA)

The City shall comply with all regulations of the Family and Medical Leave Act. If an employee is qualified for FMLA, the employee shall take FMLA leave (No exceptions). Employees shall use available sick leave to cover the time off. Each employee shall be permitted up to 12 weeks per year of FMLA leave. Each employee’s year shall begin with the first day the employee is eligible for FMLA leave. Employees shall submit a written release before returning to work.

ARTICLE 33             Sick Leave

  1. Definition
    1. Immediate family: an employee’s mother, father, son, daughter, husband or wife.
    2. Personal illness: the incapacity of an employee because of sickness or accidental or other injury not arising out of and in the course of city employment or outside gainful occupation.
  2. Qualify for Sick Leave: All full-time employees shall receive sick leave hours each pay period. Full-time probationary employees shall receive sick leave hours each pay period but shall not be permitted to use the sick leave hours until he or she is taken off probation.
  3. Accumulation of Sick Time: Full-time and probationary full-time employees shall receive 2 hours of sick leave per week. Beginning January 9, 2019, any new hire full-time and probationary full-time employees shall receive 1 hour of sick leave per week.
  4. Use of Sick Leave
    1. No employee shall be entitled to sick leave privileges unless the employee has notified his or her supervisor prior to the starting time of the employees next regular work schedule unless the delay of notification is shown to be unavoidable.
    2. Employees with 10 years of services retires from employment with at least 30-days’ notice, the employee shall be paid 25% of the hours he or she has accumulated but not used. The employee shall pay all of the required taxes.
    3. An employee absent on sick leave for three or more consecutive working days shall provide necessary information from his or her personal physician to the City Clerk before returning to work. The City shall not pay an employee for transportation costs, costs for an employee’s personal physician or lost wages, except the employee may charge lost time to his or her accumulated sick leave when appropriate.
    4. An employee who is 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 ability to perform, then the absences shall be treated as a leave of absence. This section shall be applied in accordance with all applicable Federal, State and Local Laws.
    5. Should serious illness or injury occur in an employee’s immediate family that requires the employee’s presence, he or she may charge these absences to sick leave. An employee who charges his or her absence due to a family illness to his or her sick leave shall provide necessary information from the family member’s physician if the employee is absent from work 3 or more days due to the illness of an immediate family member. Any employee who abuses his or her sick leave privilege shall be discharged.
    6. Sick leave shall be paid at the employee’s regular rate of pay.
    7. An employee shall not use more sick leave than he or she would normally work in a day. Example: If an employee is scheduled to work 8 hours a day, he or she shall only use 8 hours of sick leave for that day.
    8. Employees shall not receive sick leave and overtime in the same work week unless the employee was on-call when the overtime pay was accumulated. The exception to this rule occurs when an employee is called out after regular working hours.
    9. Employees shall not accumulate sick leave when the employee works less than 40 hours and has no leave time to over the hours missed.
    10. If a holiday occurs during sick leave, the employee shall receive holiday pay instead of sick leave when the employee has been on an extended sick leave period and has a doctor’s note. The employee shall not call in sick the day before or the day after a holiday. If the employee calls in and does not have a doctor’s note, the employee shall forfeit the holiday pay, or the employee may choose to use vacation leave for that day provided that the vacation time is approved by the supervisor.
    11. An employee may 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 shall receive the number of hours donated at the minimum wage rate.
    12. 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 that day. If the employee is incapacitated because of such injury for a period extending beyond the day of the accident, accumulated sick leave privileges shall be available to cover loss of pay on basic work days during the waiting period specified in the applicable state worker’s compensation law. If an employee is incapacitated because of such injury or illness beyond the waiting period specified in the applicable state worker’s compensation law and is entitled to receive compensation payments therefrom, the employee’s sick leave privileges shall be available to cover the difference between such payments and the straight time pay of the employee. Sick leave payments shall terminate when the City’s physician determines that the employee is able to return to work. Charges against accumulated sick leave privileges used under this provision shall be made by deducting the number of hours paid from the employee’s accumulation of sick leave privileges on an hour-to-hour basis. The employee shall continue to receive full wages until the employee’s accumulated sick leave privileges have been exhausted.
    13. Sick leave paid in situations where it is later determined that the employee was not eligible or qualified for sick leave pay shall be repaid to the City or deducted by the City from subsequent earnings of the employee.
    14. Beginning December 31, 2018, the maximum number of hours you can carry forward will be 480 hours. For every hour the employee has over the 480 hours at the end of 2018 the employee will receive 25% (twenty-five percent) to be paid to the employee with the employee paying the required taxes. Beginning December 31, 2019 any hours over the maximum will be lost at the end of each year.

ARTICLE 34             Abuse of Sick Leave

The Board of Aldermen is concerned about the attendance record of every employee. Under normal conditions, the City provides every full-time employee a basic forty-hour work week. The Board has a responsibility to provide a dependable, continuously-available service to its citizens upon demand that places an obligation on every employee to be on the job performing his duties every day he or she is scheduled to work. Absences of employees weaken the City’s ability to provide essential services to the public and to do so at reasonable rates. Good attendance is an important job requirement.

If it appears that an employee has abused sick leave privileges, the Mayor may require a physician’s certificate that shall certify both the fact and cause of the illness. If an employee is found to have abused 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 a pallbearer for a member of his or her immediate family, as defined under use of sick leave, or the immediate family of a fellow employee, the employee shall be paid his or her regular rate of pay by the City when the funeral is on a regularly scheduled workday.

ARTICLE 37             Death in Family

The Board of Aldermen shall permit any employee to be absent from work without loss of pay for three days due to the death of the employee’s wife, husband, child, stepchild, father, mother, brother or sister. The employee shall be permitted to miss one day of work without loss of pay due to the death of a father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandfather or grandmother. If the employee requires additional time off, the employee may do so and charge the time taken to available sick leave.

ARTICLE 38             Employees in the Armed Forces

The Board of Aldermen shall recognize the moral and legal responsibilities to employees serving in the armed forces of the United States.

ARTICLE 39             Leave of Absence

  1. A maximum of 90 days of 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 Board of Aldermen provided that the employee can be spared from duty. Such leave of absence may be extended without the accumulation of seniority during the extended period, for total absences not to exceed more than six months upon the written approval of the Board. In cases of permitted absences, employees shall be permitted to return to work only if they are physically qualified to do so. If an employee remains away for more than six months, or if the employee accepts other employment during the leave of absence without the specific approval of the Board, the employee’s employment with the City shall be deemed to be terminated with all seniority rights forfeited.
  2. No other benefits except seniority shall occur during a leave of absence under this section.

ARTICLE 40             Service Awards

A service award certificate for every 5 years of continuous service by any full-time employee for the City of Rich Hill or any other volunteer or employee may be issued at the discretion of the Mayor and Board of Aldermen.

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:

  1. The employee shall make a request for the severance allowance in writing within 3 months from the effective date of the layoff.
  2. 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 Board of Aldermen receives the request for severance allowance referred to in the above provision, the employee shall forfeit his or her right to the severance allowance.
  3. Any employee who is laid off shall have the right to elect within the 3-month period, by written notice to the Board of Aldermen, not to receive the seniority rights and any other privileges to which the employee may be entitled under other provision of the work rules.
  4. No severance allowance shall be paid to employees who resign, are discharged for cause or who leave service of the City because of physical disability.
  5. At the time the employee elects to receive severance allowance, the deceased employee’s estate, spouse, family or other representative shall notify the Board of Aldermen of any severance allowance not paid in the event of the employee’s death.
  6. The rate of pay 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.
  7. The scheduled amounts of the severance allowance are as follows:

Years of Seniority                                                                  Severance Allowance

At least 5 but less than 10 years                                            1 month pay

At least 10 but less than 15 years                                          2 months’ pay

At least 15 years or more                                                       3 months’ pay

ARTICLE 42             Workers Compensation

All employees shall be covered by workers compensation. An employee shall report all accidents and injuries to his or her supervisor. The employee shall contact the City Clerk and complete an accident report within 24 hours of the incident. The City shall require any employee submitting an accident report to be evaluated at a Medical Facility designated by the City. The City shall pay for any medical expense up to $1,000.00 before requesting compensation from the insurance company. Reports shall be filed with the insurance company on all incidents or injuries. Employees shall submit a written release when returning to work. Employees shall use all safety equipment provided by the City or their workers compensation benefits may be reduced.

ARTICLE 43             Police Department

  1. The Chief of Police shall honestly and faithfully discharge all the duties of his office as required by the laws governing cities of the fourth class, this Code and other ordinances of the City, and at the conclusion of his or her employment, shall, surrender all money, books, papers, vouchers, or other property belonging to the City in good order.
  2. The Chief of Police shall, in the discharge of his duties, be subject only to the Mayor; all other members of the Police Department shall be subject only to orders of his or her superiors in the Police Department and the Mayor.
  3. All person appointed to the Police Department shall hold office during good behavior and efficient service.
  4. Every member of the Police Department shall have the powers prescribed by law and shall perform the following duties:
    1. The Chief of Police shall prescribe the hour and work schedule of the members of the police personnel.
    2. The police officers, whether special or regular, including the Chief of Police, shall at all times appear in approved uniform when on duty.
    3. Any police officer, whether regular or special, who becomes 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 who is dismissed to be seen in public wearing the official uniform.

ARTICLE 44             Employee evaluations

  1. The evaluation process is undertaken by the City to encourage employees to improve his or her performance and job skills.
  2. Guidelines:
    1. All new employees shall be evaluated at the end of his or her probationary period by written or verbal comments from their supervisor who shall then deliver the evaluation to the Mayor and the Board of Aldermen.
    2. Supervisors shall perform evaluations of employees throughout the year, addressing problems and recognizing outstanding service as such situations arise.

ARTICLE 45             Safety Plan

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

The 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. The City will be counting on each and every supervisor and employee to do his and her part to make the City’s Safety Plan an effective one.

The successful operation of the City depends not only on service, but also how safely each job is performed. There is no job so important, no service so urgent, that a supervisor or an employee cannot take time to work safely. The City considers the safety of its personnel to be of prime importance. The City expects full cooperation from each of its supervisors and employees to make the Safety Plan effective.

Section 1 – IDENTIFICATION OF PLAN ADMINISTRATION

The following persons shall be responsible for implementing the accident prevention plan for the employees he or she supervises for the City of Rich Hill: Chief of Police, City Clerk, City Superintendent, and Fire Chief

Section 2 – RESPONSIBILITIES

The City’s supervisors are the foundation of the safety program. Their responsibilities shall be as follows:

  1. Be familiar with the City safety policies, programs and procedures.
  2. Provide complete safety training to employees prior to 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 Clerk to ensure prompt reporting to the insurance carrier.
  6. Inspect work areas often to detect unsafe conditions and work practices.

Section 3 – EMPLOYEES

Employee responsibilities for safety shall 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 shall be made when the rules are distributed to new employees.

  1. Proper footwear, clothing and personal protection equipment shall be worn at all times.
  2. Loose clothing, jewelry or long hair shall not be worn in such a way that there is any danger of catching such in moving machinery.
  3. No employee shall engage in horseplay, running, fighting or any activity that may result in injury or waste.
  4. Safety glasses rated ANSI Z87 or prescription ANSI Z87-2, with side shields, are required for all crew members 100% of the time with the exception of inside the cab of an enclosed vehicle and inside offices. Any employee performing or assisting in performing work being done with a grinder, hot saw, or any other tool that may create sparks or create other flying debris shall require dual eye protection. The City shall provide protective eyewear for employees that perform tasks requiring eye protection. For full-time employees requiring prescription safety glasses, the City shall 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 2 years; the employee shall submit a copy of the paid invoice for employee reimbursement or an invoice from the vendor for vendor reimbursement to the City Clerk. For employees that purchase prescription safety glasses, side shields are required.
  5. Machinery shall be operated with all guards in place. Tampering with safety devices is cause for immediate disciplinary action.
  6. No employee shall operate any machine with which he or she is not familiar.
  7. Machines shall never be cleaned, adjusted, or repaired until after the machine is turned off. All lockout, tag-out procedures shall be followed.
  8. Any defects in materials, machinery, tools, and equipment shall be reported immediately to a supervisor.
  9. Tools, materials or other objects that might cause others to trip and fall shall not be left on the floor.
  10. Exits, fire doors, aisles, fire extinguishers, electrical panels or traffic lanes shall not be blocked.
  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 feet slightly apart; assume a squatting position with knees bent; tuck chin in and tilt head forward; grasp the load with both hands and gradually push up with legs; keep back straight and avoid any abrupt movement.
  13. An employee shall not distract others while working.
  14. Oil, wax, water or any other material shall not be permitted to remain on the floor where anyone may slip.
  15. An employee shall follow prescribed safety procedures and use required safety equipment when handling hazardous materials.
  16. When handling materials with sharp or jagged edges that may result in lacerations, an employee shall use appropriate gloves.
  17. An employee shall not attempt to perform any specific task for which he or she is not trained.
  18. Unnecessary and excessive haste is the cause of many accidents. An employee shall exercise caution at all times. WALK-DO NOT RUN!
  19. All work-related injuries and accidents, no matter how minor, shall 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, shall result in disciplinary action up to and including termination.
  20. Any work beginning complete at or above six feet requires the employee to be tied off with a full-body harness with two shock-absorbing lanyards approved for fall protection.
  21. Hearing protection is required when employees are exposed to noisy conditions above 85 dbs.

Section 5 – DISCIPLINARY PROCEDURES

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

  1. Verbal counseling (first step). Documentation shall appear in the employee’s personnel file.
  2. Written warning (second step), outlining the nature of the offense and necessary corrective action to be undertaken.
  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, may be required unless the disciplinary action is the result of a serious violation.

Special forms to document a disciplinary action shall be prepared, signed and dated by the supervisor concerning each disciplinary action taken against an employee. The employee must also date and sign the form, indicating he or she has read and understands the disciplinary action and has received a completed copy of the disciplinary form. Once signed by the supervisor and the employee, the form shall be a permanent record in the employee’s personnel file.

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

  1. Repeated safety rule violations 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 may 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 shall view inspections as a fact-finding process, not fault finding. The City shall emphasize locating potential hazards that can adversely affect safety and health. All personnel shall be responsible for continuous, ongoing inspection of the workplace.

Any potentially hazardous condition shall be corrected immediately upon its discovery. If the hazardous condition cannot be corrected immediately, the individual shall report the hazard to his or her immediate supervisor and then proceed to use caution tape and/or a hard barricade when appropriate, as well as signage notifying others of the hazard. If the immediate supervisor is not available, the individual shall continue up the chain of command until a supervisor is contacted and the hazardous condition is reported. The person receiving a report of a hazardous condition that cannot be corrected immediately shall initiate what corrective action is required.

Periodic, planned inspections shall be made by the safety team (or other designated individuals) utilizing the City self-inspection form. The safety team shall review the form and action shall be taken by the appropriate department head to eliminate uncovered, potential hazards.

Section 7 – ACCIDENT INVESTIGATIONS AND REPORTS

It is the policy of the City to carry out a thorough program of accident investigation. Supervisory personnel shall be primarily responsible for making an investigation of all accidents in his or her areas of responsibility. The Supervisor, the Mayor and the Board of Aldermen shall jointly investigate accidents involving fire that result in death, serious injury, or extensive property damage. 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 shall 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 shall take emergency action to have first aid administered, to obtain professional medical attention as soon as possible, and protect other employees and equipment. The supervisor shall then begin to investigate the circumstances of the accident. The following procedures have been found to be effective when investigating accidents and shall be followed to the extent possible:

  1. Go to the scene of the accident at once.
  2. Talk with the injured person, if possible. Talk to witnesses. Stress getting the facts, not placing blame or responsibility. Ask open-ended questions.
  3. Listen for clues in the conversations around you. Unsolicited comments often have merit.
  4. Encourage people to give their ideas for preventing a similar accident.
  5. Study possible causes – unsafe conditions, unsafe practices.
  6. Confer with interested persons about possible solutions.
  7. Write the accident report giving a complete, accurate account of the accident.
  8. Follow up to make sure conditions are corrected. If they cannot be corrected immediately, report this to your supervisor.
  9. 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:
    1. What was the employee doing? Explain in detail the activity of the employee at the time of the accident.
    2. 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.
    3. 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.
    4. What can be done to prevent a similar accident? Indicate corrective action to prevent recurrence.

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

Section 8 – HAZARDOUS MATERIALS SAFETY DATA SHEETS (SDS)

The management of The City shall obtain or develop an SDS for each chemical used in the workplace. Each SDS shall include the specific identity of the chemical involved and the common names. Each data sheet shall 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 shall maintain the SDS sheets, describing chemicals used in his/her department and for keeping them readily available to employees. The City Hall shall maintain a master file for all departments. The City’s employee-training program shall include instruction on how to read and interpret information on an SDS 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 shall be conducted in a classroom or other applicable setting and shall be conducted by the Department Supervisor who has been properly trained.

The training program shall consist of:

  • How the hazard communication program is implemented.
  • How to read and interpret information on labels and the SDS.
  • 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, that workers can use to detect the presence of a hazardous chemical to which he or she may be exposed.

Section 10 – EMERGENCY ACTION PLAN

Major disasters must be anticipated and procedures must be developed and mastered if the well-being of City personnel is to be protected and for the City to be ready to serve our community. The following pages detail the organizational structure of the City’s plan and outlines emergency measures that shall be taken in the event of fire or other emergency.

Each employee is encouraged to 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 shall be made if the facility is to be evacuated for any of the following reasons: a fire or disaster within the facility or an external hazardous condition threatening the facility.

If either of these two situations occurs, notify Dispatch, who shall notify the appropriate agency or agencies.

Section 12 – RESPONSIBILITIES

The Safety Team shall:

  1. Coordinate the Emergency Evacuation Plan throughout the facility.
  2. Make certain that all personnel are familiar with the Program 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 Team shall be aided by Supervisors who shall:

  1. Facilitate the Emergency Evacuation Plan.
  2. Keep constant check on all personnel to be sure that they are completely familiar with and know all phases of the Plan.
  3. See that all personnel participate in ALL fire 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.

Every employee shall:

  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.

Designate personnel who shall be assigned to:

  1. Sound the 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 shall provide 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.)

Designate personnel who shall perform these additional assignments:

  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.
  2. To ensure employee safety, this is to be done only during the early stages of the fire.

Designate personnel who are working away from the involved area who shall 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 firefighting equipment. See that gates are unlocked and open.
  4. Wait at the front entrance for arrival of firefighting 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: Bates County Memorial Hospital

615 West Nursery, Butler, Mo. (660) 679-4266 (Ambulance service)

  1. Have damaged or potentially damaged utilities shut off at the main controls.
  2. 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.
  3. 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 posts, 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.
  4. Have all areas of the building and grounds inspected for damage before allowing personnel to return to these areas.
  5. Have gas, electrical, water and fuel systems checked for damage before allowing personnel to return to the work areas.
  6. 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.

Article 46                   LONGEVITY PAY

Longevity pay establishes a rate of pay in addition to regular salary for employees who work full or part time or volunteer for over 1 year. Longevity pay is intended to supplement, but not replace, any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

Section 1. Definitions

Full-time employee – any individual that is regularly scheduled and, in fact, works at least 40 hours a week consecutively in a calendar year.

 

Part-time employee – any individual that is regularly scheduled and, in fact, works less than 40 hours a week consecutively in a calendar year.

Section 2. Compensation

  • A full-time employee with 400 hours per year shall receive an additional $100.00 added to their pay in November.
  • A part-time employee with 100 hours shall receive an additional $50.00 added to their pay in November.
  • All volunteer firemen with 10 years or more of service shall receive $100.00 pay in November.
  • All volunteer firemen with 1 through 9 years of service shall receive $50.00 pay in November.

 Article 47                               CHAIN OF COMMAND

Citizens of Rich Hill
2 South Ward Aldermen                                      Mayor                                       2 North Ward Aldermen
Electric Supervisor Alliance Superintendent Chief of Police Fire Chief City Clerk
Linemen Water Public Works Supervisor Police Department E.M.D. Assistant City Clerk
Apprentice Wastewater Streets Animal Control Firemen Part-Time Clerk
Parks Public Health First Responders
Cemetery
Refuse

 

_________________________________

Jason Rich, Mayor

Attest:

______________________________

Brittany Schenker, City Clerk

2019-2 Internal Control Policy

Resolution 2019-2
2019 INTERNAL CONTROL RISK ASSESSMENT POLICY
Adopted by the Board of Alderman
January 9, 2019
Aye:  Humble, Robb, Pilcher, Kassner
Nays:  None

BE IT RESOLVED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, ESTABLISHING INTERNAL CONTROL RISK ASSESSMENT POLICY FOR 2019, AS FOLLOWS:

 

Cash Control

  1. Cash Register is to be closed out at the end of business daily and deposited at the bank the no later than the following morning.
  2. Two people will check the money and deposit totals, unless only one bonded employee is working that day. If only one employee checks the money and deposit totals, another employee will review upon returning to work.
  3. No personnel except for the Clerks that are bonded at City Hall shall receive money for the City.

Credit Cards and Charge Accounts

  1. Charge Account at Food Fair Supermarket and Heuser Hardware:
    1. All tickets must be signed by the employee with the reason for the purchase.
    2. Failure to submit the ticket with the required documentation, the employee will be responsible for the purchase or provide proof that the purchase was made on the behalf of the City.
  2. Gas Cards are issued to each department.
    1. Employees will sign each ticket.
    2. Employees will write the mileage and number of vehicle on each ticket.
    3. Failure to submit the ticket with the required documentation, the employee will be responsible for the purchase or provide proof that the purchase was made on the behalf of the city.
  3. Walmart & Orscheln Cards are to be kept by the City Clerk/Assistant City Clerk.
    1. Credit card must be checked out from the City Clerk/ Assistant City Clerk.
    2. Employees will return the card and ticket to the City Clerk/Assistant City Clerk.
    3. All tickets must be signed by the employee with the reason for the purchase.
    4. Failure to submit the ticket with the required documentation, the employee will be responsible for the purchase or provide proof that the purchase was made on the behalf of the city.

Purchasing

  1. Requisitions are required for a purchase of more than $1,000.00 and purchases that exceed to total budget for that fund.
  2. Each Packing slip or invoice shall state the reason for the purchase and be signed by the employee.
  3. Emergency purchases for more than $1,000.00 may be made with two signatures from the Mayor, President of the Board, or Alderman.
  4. Tools and hand tools costing more than $25.00 can be replaced up to $250.00 (with a signed report attached to the invoice.)
  5. Purchases of $1,000.00 or less shall be made by the Mayor, City Superintendent, City Clerk, Chief of Police, Fire Chief, or Electric Superintendent. Purchases shall be budgeted and each packing slip or invoice shall state the reason for the purchase and be signed by the authorized personnel.

Inventory

  1. Each department supervisor will be responsible for all items in their department.
  2. A yearly inventory will be turned into the City Clerk or Assistant City Clerk signed by the department supervisor.
  3. The City Clerk or Assistant City Clerk will keep an inventory of all items checked out to each employee. Each employee’s inventory will be checked at least once a year and the employee will be required to sign the inventory sheet.
  4. Failure to produce any item on the inventory sheet that is checked out to an employee will result in the employee being charged the replacement cost of that item.

Buildings

Each building is to be locked at the end of each business day. It is the responsibility of the supervisor to make sure that this is done.

Vehicles/Equipment

  1. All vehicles are to be locked when not in use.
  2. The equipment and vehicles of the city ARE NOT for public use and will not be driven by anyone other than an employee of the City of Rich Hill. No employee personal use of vehicles or equipment.

___________________________

Jason Rich, Mayor

Attest:

____________________________

Brittany Schenker, City Clerk

2019-3 Social Media Policy

RESOLUTION 2019-3
Passed by the Board of Aldermen on January 9, 2019
Ayes:  Humble, Robb, Pilcher, Kassner
Nays:  None

CITY OF RICH HILL, MISSOURI

SOCIAL MEDIA POLICY

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

City Social Media Accounts

  1. The City’s social media accounts shall be administered and monitored by the City Clerk or other City official, as determined by the Mayor.
  2. The City website www.richhillmo.com is the City’s primary and predominant internet presence.
    1. Whenever possible and appropriate, content posted to the City’s social media accounts shall also be available on the City’s website.
    2. Whenever possible and appropriate, content posted to the City’s social media accounts pages shall contain links directing users back to the City’s official website for in-depth information, forms, documents, or online services necessary to conduct business with the City.
  3. The same City official responsible for disseminating public information on the City’s website shall be responsible for the content of any related social media accounts.
  4. The City’s social media accounts shall comply with all applicable City ordinances, policies, and standards.
  5. The City’s social media accounts shall comply with all applicable Missouri State statutes, ethics and elections regulations, and administrative rules.
  6. The City’s social media accounts are subject to Missouri public records laws; as such, any content maintained in a social media format is a public record. The City Clerk is responsible for responding to any public records requests.  Whenever possible and appropriate, the City’s social media accounts shall clearly indicate that any comments and content posted or submitted for posting are subject to public disclosure.
  7. Whenever possible and appropriate, viewers/users of the City’s social media accounts shall be notified that the following forms of content are not permitted:
    1. Profane or aggressive language;
    2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation;
    3. Sexual content or links to sexual content;
    4. Solicitations of commerce;
    5. Conduct or encouragement of illegal activity;
    6. Information that may tend to compromise the safety or security of the public or public systems; and
    7. Content that violates a legal ownership interest of any other party.
  8. The City reserves the right to restrict or remove any content that is deemed in violation of this policy, and may immediately edit or remove posts or comments.
  9. The City reserves the right to disable all post and comment features on the City’s social media accounts.

City Employees’ Personal Social Media Accounts

  1. Employees are prohibited from posting material that may include discriminatory remarks, harassment, threats of violence, or similar inappropriate or unlawful content.
  2. Employees shall avoid posts that may be viewed as malicious, obscene, or intimidating.
  3. Employees shall not divulge the City’s private and confidential information.
  4. Employees are prohibited from accessing personal social media accounts during working hours.
  5. Employees shall not use personal social media accounts to speak on the City’s behalf.
  6. Employees who come across negative or disparaging posts or comments about the City or City officials should avoid the temptation to react and instead report the content to their supervisor.
  7. Employees should have no expectation of privacy for any content that is viewed, downloaded, printed, created, stored, received, sent, or otherwise transmitted from or through City-provided technology and equipment.
  8. Employees shall review and sign a document outlining the City’s social media policy to acknowledge an understanding of the policy.

Read and passed this 9th day of January 2019.

_________________________________

Jason Rich, Mayor

Attest:

________________________________

Brittany Schenker, City Clerk

 

1681 – Budget FY 2019

AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING  JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 AND APPROPRIATING FUNDS THERETO FOR THE CITY OF RICH HILL, MISSOURI

WHEREAS, the Mayor has presented to the Board of Aldermen an annual budget for the fiscal year beginning on January 1, 2019, and required public hearings on the budget have been conducted at which all were given opportunity to be heard.

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

Section 1:  The annual budget for the City of Rich Hill, Missouri, for the fiscal year beginning January 1, 2019 and ending December 31,  2019, a copy of which is attached hereto and made a part hereof as is fully set forth herein, having been heretofore submitted by the City Clerk is hereby adopted.

Section 2:  Funds are hereby appropriated for the objects and purposes of expenditures set forth in said budget.

Section 3:  This ordinance shall be in full force and effect from and after its passage by the Board of Aldermen.

Read 1st time this 27th day of            December 2018.

Read 2nd time this 27th day of             December 2018.

_________________________________

Jason Rich, Mayor

Attest:

_________________________________

Brittany Schenker, City Clerk

Ayes: Kassner, Pilcher, Robb. Humble

Nays: None

1678 – Electric

AN ORDINANCE ESTABLISHING RATES, DEPOSITS, INSTALLATION AND DELINQUENCY CHARGES FOR ELECTRICITY PROVIDED BY THE CITY OF RICH HILL AND DISCOUNTS FOR ALL ELECTRIC USAGE

______________________________________________________________

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

Section 1 – Rates

The rate users shall pay to the City for electricity is as follows:

The first 20 kilowatt hour                                        $.2353 per kilowatt hour

Next 1480 kilowatt hour                                          $.1398 per kilowatt hour

Next 2000 kilowatt hour                                          $.1282 per kilowatt hour

Next 5000 kilowatt hour                                          $.1158 per kilowatt hour

All kilowatt hour in excess of 8500                         $.1146 per kilowatt hour

The minimum monthly charge to any customer shall not be less than $10.50.

Section 2 – Billings

All charges for electricity shall be due and payable on the first day of the month following the date of billing.

Section 3 – Delinquent Charges

If charges have not been paid prior to the opening of business hours on the 16th day of each month, the user shall pay to the City a delinquency charge of 10% of the billing.

Section 4 – Extensions

A customer may receive one extension per year on that customer’s utility bill.  The customer shall have an active account with the City for 6 months. A year shall run from January 1st to December 31st.  The customer shall pay 25% of the bill at the time the extension is given and shall pay 25% per week until the bill is paid in full.

If a customer requires more than one extension per calendar year, the customer shall appear before the Board of Aldermen to request the additional extension.

Section 5 – Disconnection of services and fees

  1. The City shall disconnect the services of any user who has not paid all charges by the 20th day of the month following the date of billing except when a pledge is received from an entity that has a contract to make payments on the delinquent account.
  2. If service is disconnected due to the user’s delinquency, the user shall pay to the City, in addition to all other charges provided herein, the user shall pay, in addition to all other charges provided herein, a fee for each trip made by the City, including disconnect trips and reconnect trips, before such service is reconnected as follows:

1)         1st disconnection – $20.00 per trip;

2)         2nd disconnection – $40.00 per trip;

3)         3rd and subsequent disconnection – $80.00 per trip

  1. Trip charges will reset when the service has gone one year without disconnect.
  2. If services are turned on after normal business hours, an additional $40.00 overtime fee for each trip made during such period of time shall be imposed.
  3. The City shall adopt the National Electrical Code of 1999 (NEC 1999). The City Superintendent shall disconnect services or send a written violation notice for unsafe or improper service connections in compliance with the NEC1999.  The violation letter shall provide the customer a reasonable amount of time to comply with the requirements specified in the letter.  Each case may vary due to the cause of non-compliance.  The Board shall approve any non-compliance that takes longer than 60 days to meet the requirements set forth in the letter.

Section 6 – Meter Readings

The City shall read each meter every month on the 15th day of the month or the closest working day to the 15th.  If the meter reader cannot get to the meter for any reason, the following steps shall be followed:

  1. The first time the meter reading shall be estimated, and the user shall receive a letter stating the problem.
  2. The second time the meter reading shall be estimated, the user shall pay an additional $50.00 charge; and the user shall receive a letter stating the problem.
  3. The third time, services shall be disconnected and shall remain disconnected until the problem is resolved and all fees for disconnection have been paid.

Section 7 – Installation Fees

  1. Connection fee                        $10.00
  2. New 100 amp service            $360.00 above ground                                                                                                                     $350.00 below ground
  3. New 200 amp service            $425.00 above ground

$400.00 below ground

  1. An additional pole                   $150.00
  2. Upgrade in service from 100-amp service

To 200-amp service will be same.

  1. Any service larger than a 200-amp single phase $150.00 plus the costs of all materials
  2. Single phase service:

The City shall install electric service from its distribution lines to the meter on the property abutting the distribution lines in so far as its current financial responsibilities, obligations and conditions shall permit; the charge for services to be paid to the City shall be the amount specified in these Rules and Regulations or as otherwise provided by the City, but in no event shall it be less than the cost to the City.

  1. Moving a pole from one location to another location $200.00
  2. Upgrading a service or a new service larger than 1 phase:

The customer shall pay for the cost of the materials, minus the cost of the meter, plus $50.00.  After the service has been in operation for 90 days, the customer shall receive a credit for the cost of the materials, minus the cost of the meter, on their monthly billing in equal installments not to exceed $150.00 per month.

  1. Businesses requiring a 3-phase transformer:

The customer shall pay for the cost of the transformer prior to ordering.  The City shall install the transformer.  After the business has been in operation for 90 days, the customer shall receive a credit for the cost of the transformer on their monthly utility bill in 12 equal installments.  The City shall assume ownership and maintenance of the transformer.  The City shall pay the cost of a replacement transformer in case of transformer failure.

Section 8 – Deposits  – The deposit section will take effect on October 25, 2016.

  1. Before services are connected, each customer shall complete a Rich Hill Customer Utility Application form that shall be submitted to the ONLINE UTILITY EXCHANGE reporting service.
  2. A fee of $ 5 per applicant shall accompany the Customer Utility Application
  3. Upon the basis of the report from the ONLINE Utility Exchange, the required deposit shall be as follows:

Green                         No deposit required

 

Yellow                         $150    plus payment in full of any outstanding                                                                              monies owed to the City of Rich Hill

 

Red                              $300    plus payment in full of any outstanding                                                                              monies owed to the City of Rich Hill

4. When a deposit is established at Yellow or Red a customer with active service may provide a 24 or 60 month history. Upon review by the office staff, customers with no late payments in the most recent 24 month period; or no shut off in the last 60 months and no more than two late fees in the most recent 12 months would move one up one level on the deposit tier. Additionally, customers with no late fees in the most recent five years would move to Green on the deposit tier.

5. When electric service is discontinued, at the request of the user or for delinquency in payment, the deposit for service shall be applied first to any delinquency charges owed to the City; the balance, if any, shall be refunded to the customer.

Section 9 – Services

  1. Electric services shall be provided only to the individual that signs the original work order or to the owner of a business or industry. Services shall not be provided to anyone whose immediate household includes a member who has an unpaid bill.
  2. Any person having an unpaid bill with the City shall not obtain utilities service by means of misrepresentation or by making application in the name of another family member or household member. If any person should obtain services in this manner, then the past bill shall become due and payable immediately, and the balance due shall be added to the customer’s next monthly utility bill.  An unpaid bill is any account of indebtness owed to the City for utility services that has not been paid or satisfied within 60 days. If it is found that any person having an unpaid bill moves to a residence receiving services, a letter shall be sent with a payment plan. The plan shall state that payment arrangements on delinquent accounts $500 or less shall be paid in full within 90 days and over $500 shall be paid in full within 6 months from the date of the letter. Payments shall be made in equal amounts every month. If a payment is missed, services shall be disconnected at the current residence.

Section 10 – All-electric service discount

  1. The City shall offer a discount on the electricity used by customers, provided that electricity is the only source of energy used.
  2. A discount of $.0118999999 per kilowatt-hour shall be permitted
  3. Any customer eligible for this discount shall make an application at City Hall stating the name of the business, if applicable, the name of the owner(s) and the location. The applicant(s) shall also attest that the energy used by the customer is totally electric.
  4. When the customer has an alternate source of energy available for emergency backup such as an electrical power outage, the alternate energy source shall be stated in the application for the discount.
  5. When a discount is given to a customer in error and the customer used another source of energy in addition to electricity, then the customer shall reimburse the City for the discount received.
  6. If there are any other special conditions or considerations not already addressed in previous Sections of this ordinance, the applicant shall state such in the application for the discount.
  7. The City Superintendent or his designated employee shall inspect the residence, and if no discrepancies are found, the discount shall be applied in the next billing cycle.
  8. If the discount is approved, the new rates shall be as follows:

The first 50 kilowatt hour                                           $.2234 per kilowatt hour

Next 1480 kilowatt hour                                         $.1279 per kilowatt hour

Next 2000 kilowatt hour                                        $.1163 per kilowatt hour

Next 5000 kilowatt hour                                        $.1039 per kilowatt hour

All kilowatt hour in excess of 8500                           $.1027 per kilowatt hour

A minimum monthly charge to a customer shall not be less than $ 10.50.

Section 11 – Security Lights

  1. A customer may request a security light for their property for $8.50 per month.
  2. The customer shall pay the City the cost of the light, plus 10% for maintenance and the installation of the light on an existing pole. If the customer requires a pole, the customer shall pay $150.00 for the pole.

Section 12 – Work Meters

If a customer has an existing account with the City, the customer may receive a two-week work meter to perform any necessary work to the house or the property.  The fee for the work meter is $25.00, plus the normal electric rate. A customer shall only have 2 work meters per year.

 Section 13 – Test Meters

If a customer feels their meter is reading inaccurately, the City shall provide the customer a new meter if the customer pays the charges for testing the current meter or the customer pays $150.00 for the installation of a logger on the meter.  The customer shall pay the current cost of the meter testing or the logger fees before the new meter or logger will be installed.  If the test findings show the meter has been running incorrectly by at least 1%, the testing costs shall be refunded to the customer.

All ordinances or parts of ordinances in conflict with the provisions of 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]

First reading on this ­12th day of December 2018

Second reading on this 12th day of December 2018

PASSED THIS 12TH DAY OF DECEMBER 2018

____________________________________

Jason Rich, Mayor

ATTEST:

___________________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Kassner

Nays: None

[i] For informational purposes, this Ordinance replaces the following:  Ordinance 1663, enacted December 12th, 2017: which replaced Ordinance 1640, enacted March 14th, 2017, which replaced Ordinance 1631, enacted December 13, 2016: which replaced Ordinance No. 1619, enacted September 27, 2016: which replaced Ordinance No. 1608, enacted on July 26, 2016; Ordinance No. 1530, enacted on February 8, 2016; which replaced Ordinance No. 1511, enacted on May 26, 2015; which replaced Ordinance No. 1426, enacted on October 28, 2014; which replaced Ordinance No. 1391, enacted on February 28, 2013; which replaced Ordinance No. 1350, enacted on June 22, 2010; which replaced Ordinance No. 1338, enacted on June 9, 2009; which replaced Ordinance No. 1333, enacted on March 24, 2009; 1309, enacted on April 22, 2008; which replaced Ordinance No. 1291, enacted on July 24, 2007; which replaced Ordinance No. 1277, enacted on November 14, 2006; which replaced Ordinance No. 1274, enacted on October 10, 2006; which replaced Ordinance No. 1260, enacted on March 28, 2006; which replaced Ordinance No. 1255, enacted on January 24, 2006; which replaced Ordinance No. 1247, enacted on October 11, 2005; which replaced Ordinance No. 1215, enacted on June 22, 2004; which replaced Ordinance No. 1154, enacted on October 8, 2002 (changed electric rates); which replaced Ordinance No. 1137, enacted on October 23, 2001; which replaced Ordinance No. 1134, enacted on September 25, 2001(changed all electric discount rate); which replaced Ordinance No. 1063, enacted on November 26, 1996 (Electric Utility Commission contract adopted); which replaced Ordinance No. 1061, enacted on September 10, 1996 (changed all electric discount rate); which replaced Ordinance No. 1042, enacted on March 28, 1995 (changed all electric rate discount); which replaced Ordinance No. 1005, enacted on October 22, 1991 (changed electric rates); which replaced Ordinance No. 0998, enacted on June 26, 1990 (provided for use of electric meters); which replaced Ordinance No. 0995, enacted on December 28, 1989 (prohibited tampering with electric meters); which replaced Ordinance No. 0931, enacted on October 9, 1984 (established electric distribution line east of the City); which replaced Ordinance No. 0902, enacted on July 28, 1981 (changed electric rates); which replaced Ordinance No. 0746, enacted on June 25, 1969 (adopted National Electric Code); which replaced Ordinance No. 0725, enacted on June 26, 1968 (changed electric rates); which replaced Ordinance No. 0712, enacted on February 14, 1967 (changed electric rates); which replaced Ordinance No. 0697, enacted June 11, 1963 (established discount rate for all electric); which replaced Ordinance No. 0694, enacted on March 13, 1962 (changed electric meter deposits); which replaced Ordinance No. 0691, enacted on September 22, 1959 (changed electric rates); which replaced Ordinance No. 0654, enacted on April 16, 1947 (City authorized to cut and trim trees and brush from streets, alleys that interfered with electric lines); which replaced Ordinance No. 0631, enacted on December 26, 1939 (amended art.1, chapter XV of electric light plant) ; which replaced Ordinance No. 0606, enacted on September 22, 1931 (amended art.1, chapter XV of electric light plant); which replaced Ordinance No. 0507, enacted on March 1, 1923 (changed electric rates); which replaced Ordinance No. 0477, enacted on November 1, 1920 (changed electric rates); which replaced Ordinance No. 0452, enacted on May 15, 1918 (repealed Section 9 of Ordinance No. 0410); which replaced Ordinance No. 0410, enacted on February 15, 1913 (established electric light plant).

 

 

 

January 2019

Sunday Monday Tuesday Wednesday Thursday Friday Saturday
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Board Meeting @ 7:00 p.m.
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  Utility Bill Due Penalty Applies to Utility Bill @ Open of Business
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City of Rich Hill

SHUT OFF DAY

at open of business

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