AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AMENDING ORDINANCE NO. 1651 BY UPDATING THE REQUIREMENTS FOR HELMETS WHEN OPERATING A MOTORCYCLE OR MOTOR-TRICYCLE

WHEREAS, the City currently requires all persons operating a motorcycle to wear a helmet; and

WHEREAS, the 100th Missouri General Assembly, Second Regular Session (2020) passed House Bill 1963 which prohibits all cities from requiring helmets for motorcycle or motor-tricycle operation.

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

SECTION 1:    Ordinance No. 1651, Section 22, is hereby amended and shall now read as follows:

 

SECTION 22 – Proper vehicle equipment, condition required; helmet required

(Missouri Revised Statutes §§ 307.010 through 307.198)

No person shall operate any motor vehicle or bicycle unless same is in the condition and has the equipment required as follows, and upon a guilty plea or finding of guilt, the driver shall be guilty of operating a vehicle with defective equipment:

a.            Any motor vehicle manufactured or assembled after January 1, 1936, shall be equipped with safety glass in all doors, windows and windshields;

b.            Every vehicle shall be equipped with a forward directed working horn or whistle, emitting a sound of adequate volume to give warning of the approach of such vehicle to other users of the roadway and to pedestrians. This device shall be used for warning purposes only.  It shall be unlawful to use such device for making any unnecessary noise;

c.                        The motors of all motor vehicles shall be fitted with properly attached mufflers. Muffler cutouts shall not be used;

d.            No motor vehicle shall be operated in any manner or be in in a condition that excessive noise is made by its machinery, motor, signaling device or other parts.

e.                        All motor vehicles, except motorcycles, shall have at all times 2 sets of brakes, in good working order; motorcycles shall have 1 set of brakes, in good working order;

f.             All motor vehicles that are constructed or loaded so that the driver cannot see the road behind the vehicle by looking back or around the side of the vehicle shall be equipped with a mirror, adjusted to reveal the road behind and be visible from the driver’s seat;

g.            All vehicles carrying poles or other objects that project more than 5 feet from the rear of the vehicle when lights are required, shall carry a red light at or near the rear end of the projection. At other times, a red flag or cloth, not less than 16 inches, shall be displayed at the end of the projection;

h.            When one motor vehicle is towing another, the connecting device shall not exceed 15 feet.   When lights are required, they shall be displayed by both vehicles.  Every towed vehicle shall be coupled to the towing vehicle by a safety chain, cable or equivalent device in addition to the primary coupling device, except that a secondary coupling device shall not be necessary if the connecting device is a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. The secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this subsection shall not apply to wreckers towing vehicles, vehicles secured to the towing vehicle by a fifth-wheel type connection, to any farm implements or to any vehicle that is not required to be registered;

i.             No person shall operate any motor vehicle upon any roadway between April 1 and November 1 while the motor vehicle is equipped with tires containing metal or carbide studs;

j.             No person shall operate any passenger motor vehicle upon the roadways if the body of the vehicle has been altered so that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the vehicle’s driver to the roadway in front or to the rear of the vehicle;

k.            Every vehicle operated upon the roadways shall be equipped with front and rear bumpers if the vehicle was equipped with bumpers as standard equipment;

l.             Except as set forth in Missouri Revised Statute § 307.173, no person shall operate any motor vehicle on the roadways with any manufactured vision-reducing material applied to any portion of the vehicle’s windshield, side wings or windows located immediately to the left and right of the driver, except that this Section shall not prohibit factory installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle’s windshield that is normally tinted by the manufacturer of motor vehicle safety glass;

m.           Every person under twenty-six years of age who is operating or riding as a passenger on any motorcycle or motor-tricycle, as defined in Section 300.010, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion; except that, any person twenty-six years of age or older operating any motorcycle or motor-tricycle who has been issued an instruction permit shall wear protective headgear at all times the vehicle is in motion. The protective headgear as defined in Section 300.010 shall meet reasonable standards and specifications. n.   Any qualified motorcycle operator who is twenty-six years of age or older may operate a motorcycle or motor-tricycle upon any highway of this state without wearing protective headgear if he or she in addition to maintaining proof of financial responsibility in accordance with chapter 303 RSMo, is covered by a health insurance policy or  other form of insurance which will provide the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or motor-tricycle.

o.            Proof of coverage required by Subsection n of this section shall be provided, upon request by authorized law enforcement, by showing a copy of the qualified operator’s insurance card.

p.            No person shall be stopped, inspected, or detained solely to determine compliance with Subsections m, n, and o.

q.            No person shall operate an all-terrain vehicle or low-speed vehicle:

1.            In any careless way so as to endanger the person or property of another;

2.            While under the influence of alcohol or any controlled substance; or

3.            Without a securely fastened safety helmet on the head of an individual who operates an all-terrain or low-speed vehicle or who is being towed or otherwise propelled by an all-terrain or low-speed vehicle, unless the individual is at least eighteen (18) years of age.

 

SECTION 2:    This Ordinance shall be in full force and effect from and after the date of its passage by the Board of Aldermen and approval by the Mayor.

SECTION 3:    The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance.

 

SECTION 4:    Ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

PASSED BY THE BOARD OF ALDERMEN THIS 9TH DAY OF SEPTEMBER 2020.

First Reading Date: SEPTEMBER 9, 2020

Second Reading Date: SEPTEMBER 9, 2020

Roll Call Vote:   Ayes: Tourtillott, Robb, Kassner, Humble

                             Nays: None

APPROVED THIS 9TH DAY OF SEPTEMBER 2020.

                                                ___________________________________

                                                Jason Rich, Mayor

Attest:                                                               Casey Crews, City Clerk

AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF RICH HILL TO SIGN AN ACCEPTANCE OF CONVEYANCE in addition and in accordance with Ordinance 1354, dated October 26, 2010, that authorized the Mayor to execute a contract between the City of Rich Hill and the Missouri Highways and Transportation Commission providing for purchasing right-of-way and constructing the roadway for a southern extension of 14^th Street with the understanding that ownership for the southern extension of 14^th Street, and also the existing northern portion of 14^th Street (Old Route 71), will be transferred to the City by means of a quitclaim deed at the conclusion of construction.

 

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

 

Section 1.   The Mayor is hereby authorized to sign an acceptance of conveyances of easements and real property for the City of Rich Hill and to execute on behalf of the City of Rich Hill an agreement with the Missouri Highways and Transportation Commission providing for purchasing right-of-way and constructing the roadway for a southern extension of 14^th Street with the understanding that ownership for the southern extension of 14^th Street, and also the existing northern portion of 14^th Street (Old Route 71), will be transferred to the City by means of a quitclaim deed at the conclusion of construction.

 

Section 2.    All ordinances or parts of ordinances therefore enacted which are in conflict herewith are hereby repealed.

 

Section 3.     This ordinance shall be in full force and effect from and after the date of its passage and approval.

 

Read two times, passed and approved on the day of 24^th Day of February, 2015.

 

APPROVED AS TO FORM

 

 

___________________________________

Jennifer Perkey-Ewing, Mayor

 

Attest:

 

____________________________________

Tonya Perryman, City Clerk

 

Ayes:  Kassner, Pilcher, Buesing                    Nays: None

 

   

AN ORDINANCE RELATING TO LOCAL DISASTER PREPAREDNESS

 

Be it ordained by the Council of the City of Rich Hill, Missouri, that:

 

Section 1:   There is hereby created within and for the City of Rich Hill, Missouri, a disaster planning and operations organization to be known as the RICH HILL CIVIL DEFENSE UNIT, which is responsible for the preparation and implementation of emergency functions required to prevent, minimize and repair injury and damage due to disasters, to include emergency management of resources and administration of such economic controls as my be needed to provide for the welfare of the people in emergency activities, excluding functions for which military forces are primarily responsible, in accordance with the Missouri Civil Defense Act.

 

Section 2:  This unit shall consist of a coordinator appointed by the mayor with the consent of the majority of the council members, and such other members appointed by the coordinator with the consent of the Mayor to conform to State organization and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.

 

Section 3:  The organization shall perform Civil Defense functions within the territorial limits as directed by the Governor during times of emergency pursuant to the provisions of the Missouri Civil Defense Act.

 

Section 4:  a.   The coordinator shall be appointed as described above and shall serve         at the pleasure of the Mayor and City Council.

1. The coordinator shall have direct responsibility for the organization, administration and operations of local disaster planning and operations.
2. The coordinator shall be responsible for maintaining records and accounting

for the use and disposal of all items of equipment placed under the

jurisdiction of the Rich Hill Emergency Management Director.

 

Section 5:  The Mayor of the City of Rich Hill and the Emergency Management Director, in accordance with the Missouri Civil Defense Act. May:

• Expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil defense purposes; provide for the health and the safety of persons including the emergency assistance to victims of an enemy attack; the safety of property, and direct and coordinate the development of disaster plans and programs in accordance with policies and plans of the Federal and State disaster and emergency planning;
• Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operation teams, units or personnel who may serve without compensation.
• In the event of enemy attack, waive the provisions of statutes requiring advertisements for bids for the performances of public work for entering into contracts.
• With the approval of the Governor and consistent with the Missouri Disaster Operations Plan, enter into mutual aid agreements with other public and private agencies within and without the State for reciprocal emergency aid.
• Accept services, materials, equipment, supplies or funds granted or loaned by the Federal Government for disaster planning and operations purposes.

 

Section 6:     No person shall be employed or associated in any capacity in any organization established under this act, who advocates or has advocated a change by force or violence in the constitutional form of the government of the United State or in this State or the overthrow of any government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States.  Each person who is appointed to serve in an organization for civil defense shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:

“I do solemnly swear that I will support and defend the Constitution of the United States and the constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.  And do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such a time as I am a member of the Rich Hill Emergency Management,  I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.”

 

Section 7     The Emergency Management Director will be allowed an amount of $100.00 monthly for his duty, and for 24 hr. work of keeping the community safe from disasters, and enemies foreign and domestic.  Must have a valid driver’s license and maintain a current copy of such with the City Clerk.  Provide proof of liability insurance coverage on the personal vehicle(s) used in their duties and responsibilities as the Emergency management director.

 

Section 8:  This ordinance shall be in force from and after its passage and approval, as

provided by law.

 

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

 

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 10^TH DAY OF February 2015.  APPROVED THIS 10^TH DAY OF February 2015.

 

 

___________________________________

Jennifer Perkey-Ewing, Mayor

 

ATTEST:

 

___________________________________

Tonya Perryman, City Clerk

 

Ayes: Kassner, Pilcher, Buesing                        Nays: None

 

AN ORDINANCE VACATING A PORTION OF LINDEN STREET WEST OF FIRST STREET LYING IN THE SOUTH SECTION OF BLOCK 194 IN THE TOWN COMPANY’S 5^TH ADDITION TO THE CITY OF RICH HILL, MISSOURI, AND A PORTION OF LINDEN STREET WEST OF FIRST STREET LYING IN THE NORTHEAST SECTION OF BLOCK 181 IN THE CITY OF RICH HILL, MISSOURI.

 

WHEREAS, it is deemed necessary and expedient to vacate the same, now, therefore,

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

 

Section 1. That tract of land located in the South Section of Block 194 in Rich Hill Town Company’s 5^th Addition to the Town, now City of Rich Hill, Missouri, lying West of First Street in Rich Hill, Missouri, and also a portion of Linden Street, West of First Street, lying in the Northeast section of Block 181 in the City of Rich Hill, Missouri, now named Linden Street, and the same is, hereby vacated.

 

Section 2. Ownership of the above described vacated portion of Linden Street shall revert to the current owners of adjacent property.

 

Section 3. This ordinance shall be in full force and effect from and after its passage and approval.

 

Reads three times and passed this 26^th day of August, 2014.

 

ATTEST:

 

 

 

________________________________                   ______________________________

Jennifer Perkey-Ewing, Mayor Pro Tem                   Tonya Perryman, City Clerk

 

 

 

Ayes: Kassner, Pilcher, Perkey-Ewing, Buesing

Nays: none

AN ORDINANCE ESTABLISHING AND ADOPTING A COLD/HOT WEATHER ORDINANCE FOR THE CITY OF RICH HILL

 

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

 

WHEREAS, PURSUANT TO MISSOURI Weather Rules, designed to help customers with electric and heat-related utility bills, the City of Rich Hill adopts this Cold/Hot Weather Ordinance:

 

Cold Weather Ordinance:

Prohibits the disconnection of heat-related service provided by the City of Rich Hill when the temperature is predicted to drop below 32 degrees during the following 24 hour period. The city will use the Pleasant Hill National Weather forecast. The heat-related service will be disconnected when it warms above 32 degrees within a 24 hour period. Effective dates: November 1^st thru March 31^st of the following year.

 

Hot Weather Ordinance:

 

Prohibits the disconnection of electric-related service provided by the City of Rich Hill when the temperature is predicted to rise above 95 degrees or a heat index of 105 degrees during the following 24 hour period. The city will use the Pleasant Hill National Weather forecast. The electric-related service will be disconnected when it cools below 95 degrees within a 24 hour period. Effective dates: June 1^st thru September 30^th.

 

THEREFORE, BE IT ORDAINED THAT;

 

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

as provided by law.

 

 

1^ST reading 22^nd Day of October 2013

2^ND reading 12^th Day of November 2013

 

 

PASSED THIS 12^TH Day of November 2013

 

__________________________________________

Richard Miller, Mayor

 

ATTEST:

 

__________________________________________

Tonya Perryman, City Clerk

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker.                            Nays: NONE

ORDINANCE NO. 1408

 

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, GRANTING A FRANCHISE TO THE KLM TELEPHONE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF MISSOURI, ITS SUCCESSORS AND ASSIGNEE, TO CONSTRUCT, MAINTAIN, AND OPERATE A TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE SAID CITY, AND TO ERECT AND MAINTAIN ITS PLANT AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC GROUNDS AND PLACES IN SAID CITY AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH.

 

WHEREAS, KLM Telephone Company, hereinafter referred to as “Telephone Company” a corporation duly organized and existing under the laws of the State of Missouri, is now and has been engaged in the telephone and communications business in said State, and in furtherance thereof has erected and maintained certain items of its plant construction in the City of Rich Hill, State of Missouri, hereinafter referred to as “City” for many years pursuant to such rights as have been granted it by and under laws of the State of Missouri, and subject to the exercise of such reasonable rights and regulations as are inherent under the laws to said City, and

 

WHEREAS, the City has heretofore consented that said Telephone Company shall operate in said City, and it being to the mutual advantage of both said City and said Telephone Company that said Company shall continue its operations within the said City and that a franchise ordinance shall be enacted establishing the terms and regulations under which said Telephone Company shall continue its operation in said City, and

 

WHEREAS, Telephone Company has duly complied with all the provisions of the laws of the State of Missouri, and with all ordinances of Municipality with reference to the obtaining of such right, privilege and authority.

 

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

 

Section 1. Grant of Franchise

Pursuant to the laws of the State of Missouri and in particular sections 392.08 and 392.090, Rsmo 1978, as amended, the franchise, right, permission, and authority be, and the same are hereby granted to the Telephone Company, its successors and assigns, to construct, maintain, and operate a telephone system and all business incidental to or connected with the conducting of a telephone and communications business and system in the City of Rich Hill, Missouri. The plant, construction, equipment, and appurtenances used in or incident to the rendering of telephone and communications service and to the maintenance of a telephone business and system by the Telephone Company in the City shall remain as now constructed subject to such changes as may be deemed necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, the Telephone Company shall continue to exercise its rights to place, remove, construct and reconstruct, extend and maintain its said plant equipment and appurtenances as the business for which it is incorporated may from time to time require, along, across, on, over, through, above, and under all public streets, avenues, alleys, and public grounds and places within the limits of said City as the same from time to time may be established.

 

Section 2. Statement of Gross Receipts

Every person who is now or may hereafter become engaged in any of the businesses described in Section 1 hereof to file with the Clerk of the City of Rich Hill, Missouri on the 20^th day of January and the 20^th day of July of the current year and of each year hereafter a sworn statement of the gross receipts from such business for the six calendar months preceding the filing of such statement. The Clerk of the City of Rich Hill, Missouri or his duly authorized deputy shall be and is hereby authorized to investigate the correctness and accuracy of the statement required and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.

 

Section 3. Payment of Gross Receipts Tax

Every person who is now or may hereafter become engaged in any of the businesses described in Section 1 hereof shall pay to the City Clerk of The City of Rich Hill, Missouri on the 20^th day of January and the 20^th day of July of the current year and of each year hereafter an amount equal to three per cent of the gross receipts from said business for the preceding six calendar months. For the purpose of this agreement, and acknowledging that a telephone utility has gross receipts that are not the same as a retail business, it is agreed that gross receipts shall include only those received from subscribers within the city limits of Rich Hill, and shall be based only on those receipts collected under the company’s general tariff on file with the Missouri Public Service Commission, but shall not include any revenue or receipts from sales taxes, federal excise taxes or franchise taxes collected from subscribers of the telephone system.

 

Section 4. Police Powers

The Telephone Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide.

 

Section 5. Restoration of Streets

All poles, conduits, wires, fixtures, guys, services, appurtenances, and accessory equipment, installed or erected pursuant to this ordinance shall be so located on streets, alleys, avenues, bridges and other public places under such supervision as said City may from time to time provide so as not to unnecessarily damage any pavements, sidewalks, drains, sewers or other like improvements. If damage occurs the Telephone Company shall restore the damaged pavements sidewalks, drains, sewers, water pipes, and other public places to the same condition prior to the disruption. All necessary work shall be done with due and reasonable dispatch and with the least practicable interference with the rights of the public. The City may refill, repave, and restore said streets, alleys and public ways in case of neglect of the Telephone Company. The cost thereof, including the costs of inspection and supervision, shall be borne by the Telephone Company.

 

Section 6. Company Shall Bear Costs Upon Grade Change; May Apply for Permanent Grade

When any street, avenue, alley, bridge, or public place, upon which and in which any poles, services, or other equipment of said Telephone Company have been placed, shall be graded, curbed, paved, or otherwise changed so as to make the resetting or reconstruction of such poles or the relocation of such services necessary, the Telephone Company, its successors, and assigns shall make such necessary change in construction at the Telephone Company’s cost; provided, that before said Telephone Company installs any plant or other equipment hereunder, it shall first apply to the City Council for the establishment of permanent grades, curb lines, and sidewalk lines unless permanent grades, curb lines, and sidewalk lines have already been established, and then shall install poles, services, and other equipment in accordance with such permanent grades and lines. The City agrees to promptly establish such permanent changed except upon reasonable and substantial need. The Telephone Company shall not be required to install permanent fixtures, poles and other equipment until such grades and lines shall have been established.

 

Section 7. Movement of Buildings

In case any person desires to move a building along streets, avenues, alleys, or public places crossed by the wires of said Telephone Company, and in case it becomes necessary to have said wires temporarily raised or removed for the purpose of the passage of such buildings, Telephone Company shall be entitled to forty-eight (48) hours notice in writing to that effect. When such notice has been received by said Telephone Company, and upon payment of a reasonable cost resulting from the removing, changing, and replacing of such wires by the person desiring such move, it shall be the duty of Telephone Company to remove or raise such wires so as to permit the passage of such building. Telephone Company shall not be required to make such change or removal except at a reasonable time.

 

Section 8. Company to Indemnify City

Said Telephone Company shall indemnify and hold said City, its officers, boards, commissions, committees, agents, and employees harmless from any and all claims and damages due to negligence, alleged or otherwise, on the part of said Telephone Company operation of such poles, lines, equipment, and other related services.

 

Section 9. Fire, Patrol, and Traffic Systems Use of Poles

The City of Rich Hill shall at any and all times have free privilege and use of the poles erected by said Telephone Company for the construction and maintenance of a fire alarm system, patrol system, and/or electric traffic signal system. Said systems or any part thereof shall not interfere with the efficiency of the said telephone system, and shall be constructed by said City in conformity with the National Electric Code. The Telephone Company shall not be liable for any damage on account of insufficient construction of said fire alarm system, patrol system, and/or electric traffic signal system. If the Telephone Company replaces any of its poles in order to provide proper standard electrical clearances for the various circuits, the City shall pay the Telephone Company the undepreciated portion of the life of the pole or poles replaced.

 

Section 10. Tree Trimming

Permission is hereby granted to the Telephone Company to trim trees upon and over-hanging the streets, alleys, sidewalks, and public places in said City so as to prevent branches of said trees from coming into contact with wire and cable of the Company, all of the trimming to be done under the supervision and direction of any City Official to whom said duties may be delegated, and at the expense of the Telephone Company.

 

Section 11. Term

All rights and privileges granted by this ordinance are granted for a term of twenty (20) years from and after the acceptance of this ordinance as hereinafter provided.

 

Section 12. Written Acceptance By Company

After the passage, approval, and ratification of this ordinance, and within thirty (30) days after such ratification, this ordinance shall be accepted by said Telephone Company by filing an unconditional written acceptance with the City Clerk of said City. Unless the proper acceptance has been filed within thirty (30) days, this ordinance shall be null and void.

 

Section 13. Abridgement or Termination of Franchise

 

1. Should said Telephone Company fail, neglect or refuse to perform or to comply with any of the conditions or terms of this ordinance, then this ordinance shall become null and voided, and the privileges granted hereby shall terminate. Provided, however, that in the event of such failure, neglect, or refusal, said Telephone Company remedies such failure, neglect, or refusal within a reasonable time, this ordinance and the privileges granted hereby shall continue in full force and effect.
2. Should the Council find a violation of this franchise, but not of sufficient gravity to require termination, or if the Council determines that termination would not serve the public health, safety, and welfare, the Council shall notify the Telephone Company in writing of the alleged violation, and the Telephone Company upon receipt of such notice, shall have the opportunity to remedy such violation within a reasonable time. Should the Telephone Company fail to remedy the alleged violation, the City Council may abridge the term of the franchise for a period of time not less that thirty (30) days but not more than 180 days. Each day’s violation of this section may be considered a separate offense. Abridgement of the franchise term:

 

1. Shall be made by resolution; which resolution shall state the findings and conclusions of the Council.
2. Shall be cumulative and irrevocable.
3. Upon passage of a resolution, the abridgement term shall be subtracted from the term of the franchise and a new termination date established.

 

1. Disposition of the Facilities.

In the event a franchise expires, is revoked, or otherwise terminated, the City may order the removal of the system facilities from the City within a reasonable period of time as determined by the City. The City may authorize the Telephone Company to maintain and operate its network until a subsequent telephone company is selected. In removing its plant, structures, and equipment, all City streets, easements, and other rights of way shall be returned to their original condition with costs to be assumed by the Telephone Company.

 

Section 14. Non-Franchised User, Violation.

Should the Telephone Company be notified in writing by the City that an entity is utilizing streets, easements, and rights of way of the City and the poles, conduits, or facilities of the Telephone Company without being properly franchised or licensed by the City, then the Telephone Company shall take all legal steps necessary to deny the said non-franchise entity from utilizing or having access to streets, easements, and other public rights of way of the City and poles, conduits, and plant of the Telephone Company.

 

Section 15. Successors and Assigns.

All provisions of this ordinance which are obligatory upon, or which inure to the benefit of said K.L.M. Telephone Company, shall be obligatory upon and shall inure to the benefit of all successors and assigns of said K.L.M. Telephone Company, and the words include and be taken to mean not only the KLM Telephone Company, but all successors and assigns of said KLM Telephone Company.

 

Section 16. Repealer.

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

 

Section 17. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, and such portions shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity of the remaining portions hereof.

 

Section 18. This ordinance shall be in full force and effect from and after its passage and approval.

 

First Reading September 10^th , 2013

Second Reading September 23^rd , 2013

Passed and approved this 23^rd day of September 2013

 

 

_________________________­­­­   Richard Miller-Mayor

 

_________________________   Tonya Perryman-City Clerk

 

________________________ (Joe Jetensky)-KLM Telephone Company

 

________________­­­­­­­________ (authorized representative)-, Attest

 

Ayes:   Moreland, Pilcher, Perkey-Ewing, Becker. 1^st Reading

Ayes:   Pilcher, Perkey-Ewing, Becker. 2^nd Reading Moreland Absent

Nays: None

 

 

AN ORDINANCE ESTABLISHING AND ADOPTING A SEMI-ANNUAL FINANCIAL PUBLICATION ORDINANCE FOR THE CITY OF RICH HILL

 

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

 

WHEREAS, PURSUANT TO MISSOURI RSMo SECTION 79.160: The board of aldermen shall semiannually each year, at times to be set by the board of Alderman, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the city for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the city.

 

THEREFORE, BE IT ORDAINED THAT;

 

The City of Rich Hill will publish a semi-annual financial report by the following dates of each calendar year hereafter:

 

July 31^st &

January 31^st

 

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

as provided by law.

 

 

1^ST READING 27^TH DAY OF AUGUST 2013

2^ND READING 10^TH DAY OF SEPTEMBER 2013

 

 

PASSED THIS 10^TH DAY OF SEPTEMBER 2013

 

__________________________________________

Richard Miller, Mayor

 

ATTEST:

 

__________________________________________

Tonya Perryman, City Clerk

 

 

Ayes:

Nays: NONE

 

 

AN ORDINANCE GRANTING A FRANCHISE TO N.W. COMMUNICATIONS, INC., TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF RICH HILL, MISSOURI.

 

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

 

SECTION 1: TITLE

 

This ordinance shall be known and may be cited as the “Community Cable Television Franchise Ordinance”.

 

SECTION 2: DEFINITIONS

 

For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Where not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include plural number. The word “shall” is always mandatory and not merely directory.

 

• “City” is the City of Rich Hill, Missouri, a municipal corporation, and its successor in interest, and which, territorially, shall include all territory within the corporate limits of the City as such limits now exist or may from time to time be changed by annexations.
• “Board” is the Board of Alderman of the City of Rich Hill, Missouri.
• “Company” is N.W. Communications, Inc., a Missouri Corporation, its assigns and successors in interest.
• “FCC” is the Federal Communications Commission and any legally appointed or elected successor.
• “Gross Revenues” means all revenues derived directly or indirectly, including revenues received from advertising, by the Company, its affiliates, subsidiaries, parents or persons in which the Company has a financial interest from and in connection with the operation of the Cable Television System in the City pursuant to this grant of authority, except this shall not include sales tax, grants from federal, state or local governments, or grants from not-for-profit foundations or corporations and it shall not include investment income, rental income or other income which is not derived from the operation of the labor-intensive services.
• “Person” is a person, firm, partnership, association, corporation, company or organization of any kind.
• “Street” shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley court, boulevard, parkway, drive or other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the City which shall, within their proper use and meaning, entitle the City and Company to the use thereof for the purposes of installing or transmitting Cable Television System transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and any other property as may be ordinarily necessary and pertinent to a cable television system.
• “Cable Television System” or “System” shall mean any system which receives and amplifies signals broadcast by one or more television and/or radio stations and which transmits programming originated by the System itself or by another party, and distributes such signals and programming by wire, cable, fiber, microwave, satellite or other means to persons who subscribe to such services.
• “Subscriber” means a recipient of Cable Television Service.

 

SECTION 3: GRANT OR AUTHORITY

There is hereby granted by the City to the Company the non-exclusive right, privileges and license to construct, operate and maintain a Cable Television System for the reception and amplification of television and radio signals transmitting programs, and the redistribution of such signals by wire or cable to subscribing members of the public for a fee, for a period or five (5) years from and after the effective date hereof.

 

SECTION 4: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES

 

The Company shall, at all times during the life of the franchise, be subject to, and shall abide by, all applicable ordinances of the City and all laws, rules and regulations of the FCC, and any other federal and state regulatory agencies.

 

SECTION 5: FRANCHISE TERRITORY

The Franchise is for the present territorial limits of the City and for any area henceforth added hereto during the term of this franchise. Cable Televisions Services shall be made available to the entire franchise area. Subscribers may be added outside the territorial limits of the City, and shall be included in determining Gross Revenues.

 

SECTION 6: FRANCHISE NON-ASSIGNABLE

The Company shall not assign, or attempt to assign, its right, privileges and license to construct, operate and maintain its Cable Television System as granted by this Ordinance without the approval of the Board except as provided hereinafter. Furthermore, neither the Company nor any of its shareholders shall sell, assign, transfer, give, mortgage, lease, pledge or merge any of the stock or property of the Company, so as to result in any change in management of the Company; however this prohibition shall not apply to inter-family transfers, transfers to entities owned or controlled by the Company, its affiliates, stockholders or members of their family for estate or estate planning purpose. Further, this restriction shall not prohibit the Company from transferring property in the ordinary course of business in exchange for like property or property in replacement thereof nor shall it prohibit the Company from making pledges or assignments as collateral security for bona fide loans form lending institutions when so required and when in the ordinary course of business of the Company.

 

Should the Company desire to transfer its franchise, a joint application to transfer shall be filled by the Company and the proposed transferee with the Clerk of the City at least ninety (90) day prior to the intended date of transfer. The transfer application shall contain:

 

• Names and addresses of the parties thereto;
• The kind of business organization of the transferee;
• If incorporated, a copy of the transferee’s Articles of Incorporation, the names addresses of all officers and directors of the transferee, and the names and addresses of all shareholders of the transferee owning more than 10% of the outstanding stock, and the number of shares held by each;
• If the transferee is an association or a partnership, a written copy of said Articles of Association or Partnership, showing the names addresses and interest of all parties thereto;
• The consideration to be paid for the assignment of said license and the method of payments thereof and, if the Company proposes to sell some or all of its other systems, the application shall state the total consideration to be paid for all of the systems and it shall state the consideration to be paid for each system in each town;
• A financial statement of the transferee prepared by a reputable public accountant;
• A detailed analysis of the net worth of the transferor’s system and facilities under this license properly documented and prepare by reputable certified public accountant; and
• Such additional information and the Board shall require.

 

 

SECTION 7: TERMINATION AND FORFEITURE OF FRANCHISE

In addition to any and all of the rights and powers possessed by the City by virtue of the franchise or otherwise, the City reserves the right to terminate and forfeit the franchise and all rights and privileges of the Company hereunder in the event that the Company:

 

• Violates any provision of the franchise or any rule, order or determination of the City or Board made pursuant to the franchise, except where such violation is without fault or through excusable neglect;
• Attempts to dispose of the Cable Television System or any of its facilities or property without the consent of the City or in any effort to prevent the City from purchasing the same, as provide herein;
• Attempts to evade any provision of the franchise or practices ay fraud or deceit upon the City; or
• Fails to properly maintain its System and service of providing cable television to the franchise area.

 

Prior to terminating and forfeiting the Company’s franchise for violation of the franchise a set forth herein above, the City shall notify the Company in writing of the violation and its intent to terminate or forfeit the franchise. The Company shall then have thirty (30) days or such longer times as the Board may allow, correcting or remedying the violation as set forth in the notice of intent of the City to terminate and forfeit the franchise. The Board shall determine whether or not any violation by the Company is found to have been for just cause, and if so the Board shall direct the Company to comply therewith within such time and manner and upon such terms and conditions as are just and reasonable. If the Board shall determine such violation by the Company was without just cause, then the Board may by resolution, declare that the franchise of the Company shall be terminated and forfeited unless there is compliance by the Company within such period as the Board may fix.

 

In the event of termination and forfeiture of the franchise, the Company shall have six (6) months from the date of notice of termination to find a Buyer acceptable to the City and sell its System or remove within ninety (90) thereafter at its own expense, all portions of its Cable Television System from the streets and poles within the City and shall restore the streets and poles to a condition reasonably satisfactory to the City within such period of time, unless the City requires the franchisee to continue operation pursuant to Section 16 hereunder.

 

SECTION 8: EXTENDING CABLE TELEVISION SYSTEM TO ANNEXED AREAS

 

In the event of annexation of areas into the City where the Cable Television System has not heretofore been installed and made available, the Company shall extend its System to the annexed areas with a reasonable time, taking into consideration the number of potential Subscribers, the number of feet of miles the System would have to be extended and the cost of the extension.

 

 

SECTION 9: MAINTAINING QUALITY OF SYSTEM AND COMPLAINT PROCEDURE

 

Any Subscriber or other interested person having a complaint against the Company may register and file his complaint with the City Clerk and with the Company. The Company shall maintain an office in the City, or at such place approved by the City, which shall be open during all regular business hours, or in the alternative, shall furnish, at all times, a toll free publicly listed telephone number, and it shall be so operated that complaints and request for repairs or adjustments may be received during normal business hours. The Company shall maintain a repair maintenance crew capable of responding to Subscriber complaints or request for maintenance service within 24 hours after receipt of the complaint or service. No charge shall be made to the Subscriber for this service, unless the complaint arises from the television set or other property of the Subscriber, in which case a reasonable charge may be made.

 

The Company shall maintain a record of each complaint or trouble call received from Subscribers at the Company’s local office for a period of at least two (2) years from the date of the event to which it relates and such reports shall be available for inspection during regular business hours without further notice or demand by a representative of the City. Such reports shall include the following data and such other data requested by the Board:

 

• Subscriber identification
• Date and approximate time the complaint was received
• Date and approximate time of Company’s response
• Nature of the complaint
• Brief description of the fault
• Corrective steps taken (if any required)
• Date case is closed
• Identification of the technician or repairman

 

In the event that a Subscriber complaint is not resolved to the mutual satisfaction of the Subscriber and the Company, either the Subscriber or the Company may request that the matter be presented to the Board for hearing and resolution. If the Board determines that the Company shall take further remedial or corrective action, the Company shall proceed according to the directive of the Board, or its franchise may be terminated and forfeited as hereinabove provided.

 

SECTION 10: COMPANY LIABILITY: INDEMNIFICATION

The Company agrees to hold and save the City harmless from any and all liability that may arise out of the construction, maintenance, operation or use of the Company’s Systems and works and the providing of such services and to provide and keep in force adequate liability insurance therefore to the extent of bodily injury limits of $500,000.00-$500,000.00 and a property damage limit of $300,000.00-$300,000.00 naming the City as an additional insured, as its interest may appear. The Company shall also provide and maintain insurance under a broad form automobile policy with $100,000.00, $300,000.00, $100,000.00 coverage limits and Workmen’s Compensation Insurance with state statutory limits. All insurance shall be issued by a company authorized to do business in Missouri. The Company shall maintain on file with the City at all times a current certificate of insurance. All insurance policies shall, if possible, provide for not less than 30 day notice of cancellation.

 

SECTION 11: USE OF EXISTING POLES, PLACEMENT OF ADDITIONAL POLES, INSTALLATION OF UNDERGROUND FACILITIES AND REMOVAL OF FACILITIES AND EQUIPMENT

 

Upon obtaining permission from the City or other owner of the poles, the Company shall have the right to use any existing poles in the City and to erect such additional poles as may be necessary for the operation of its System. Erection of the poles and installation of the Company’s equipment and facilities thereto shall be in conformity with the City’s ordinances and shall meet or exceed the specifications and requirements of applicable state and federal regulatory agencies.

 

In any area of the City where electrical and telephone lines are underground, the Company shall install and maintain its cables and necessary appurtenances underground, unless otherwise authorized by the City.

 

In the event any street, alley, public highway or utility easement, or any portion thereof, used by the Company shall be vacated by the City or the use thereof be discontinued by the Company, during the term of the franchise, the Company shall forthwith remove its facilities there from unless specifically permitted to continue the same, and upon the removal thereof, restore, repair or reconstruct the street area where such removal has occurred and place the street area where such removal has occurred in such condition as may be required by the Board.

 

The Company at its own expense and subject to the rights of adjoining property owners, shall have the right and authority to trim trees upon and overhanging any public places of the City where contact with the wires and cables of the System is threatened.

 

The Company shall at its own expense protect, support, temporarily disconnect, relocate or remove any property of the Cable Television System located upon streets, rights-of-way, easements of the City, when required by the City because of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewers, drains, water pipes, power lines and tracks or any other type of structure or improvement by the City. If the Company fails to do so within a reasonable time, the City may cause the necessary work to be completed and the Company shall pay the City the cost thereof within ten (10) days after the receipt of an itemized account of such cost.

 

SECTION 12: PAYMENT TO CITY

In consideration of the rights, privileges, and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Company, and to properly regulate the activities of it, the Company shall, on or before the 31^st day of January and the 31^st day of July of each year in which this franchise is effective, pay to the City a sum equal 3% of the Gross Revenues for Cable Television Service from subscribers of the Rich Hill, Missouri, Cable Television System, for the preceding six (6) month period.

 

No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Ordinance.

 

The City shall have the right to inspect the Company’s income records and the right to audit and recompute any amounts determined to be payable under this Ordinance; provided, however, that such audit shall take place within twelve (12) months following the close of each of the Company’s fiscal years. Any additional amount due the City as a result of the audit shall be paid within thirty (30) day following notice to the Company by the City, which shall include a copy of the audit report.

 

In the event that any franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged from such date at the annual rate of 15%.

 

In addition to the payment of the franchise fee hear in above provided, and payable upon the anniversary date of this ordinance, the Company shall pay to the City a sum equal to $4.25 for each pole owned by the City and used by the Company in the operation of its system within the City.

 

SECTION 13: BOOKS, RECORDS AND ACCOUNTING STANDARDS

 

The Company shall maintain financial records governing its operation in the franchise area. The City shall have the right to inspect at any time during business hours (after making a reasonable request which will not interfere with the Company’s operations), all books, records, maps, plans, income tax returns, financial statements and other like material of the Company which relate to its operation in the City.

 

All financial reports and records as hereinabove provided shall conform to generally accepted accounting principles apply on a fair and consistent basis. Annual financial reports prepared by a certified public accountant shall be filed with the City within thirty (30) days after the close of the Company’s fiscal year.

 

Further, the City shall have the right to conduct annually, or have conducted annually, an audit of the Company’s financial books and records pertaining to its operation in the City, but the same shall be done at the City’s expense; provided, however, if the Company conducts its own audit a copy thereof shall be provided to the City at no cost.

 

SECTION 14: RATES

The Company shall be allowed to charge its customers a just, fair and reasonable fee for various services.

 

SECTION 15: DISCRIMINATION PROHIBITED

 

The Company shall not deny service, or access, or otherwise discriminate against Subscribers, channel users, or general citizens on the basis of race, color, religion, or national origin, sex or age. Further, the Company shall comply at all times with all applicable federal, state and/or city laws, ordinances, rules or regulations relating to non-discrimination.

 

SECTION 16: CONTINUITY OF SERVICE AND CONTINUATION OF SERVICE ON EXPIRATION OR TERMINATION OF THE FRANCHISE

 

The Company shall be required to provide continuous service to all Subscribers during the term of the franchise. Upon the expiration of this franchise or termination of this franchise as hereinabove provided, the Company shall nevertheless continue to operate and maintain its System and provide its service until the City assumes operation of the System or until directed in writing by the City to finally terminate and discontinue its service, whichever occurs first.

 

SECTION 17: NO RESOURCE AGAINST THE CITY

The Company shall have no resource whatsoever against the City or its officials, boards, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Ordinance and the franchise granted pursuant hereto, or because of enforcement of this Ordinance and the franchise granted pursuant hereto.

 

SECTION 18: NONENFORCEMENT BY CITY

The Company shall not be relieved of its obligation to comply with any of the provisions of this Ordinance by reason of the failure of the City to enforce prompt compliance. Nor shall any action by the City be deemed to constitute a waiver of any provisions or requirements of this Ordinance and the franchise, or the right of the City to enforce this Ordinance and compliance with this franchise.

 

SECTION 19: TECHNICAL STANDARDS

Unless otherwise agreed between the City and Company, the Company’s Cable Television System shall be constructed and operated in compliance with all technical and other standards and requirements of the Federal Communications Commission.

 

SECTION 20: AMENDMENT TO FRANCHISE

This franchise Ordinance may only be amended by application from the Company and approved by the City.

 

SECTION 21: SEVERABILITY

If any section, sentence, clause or phrase of the Ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the Ordinance, and any portions in conflict are hereby repealed; provided, however, that in the event the Federal Communications Commission declares any section invalid, then such section or sections shall be renegotiated by the City and the Company.

 

SECTION 22: EFFECTIVE DATE OF ORDINANCE

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

 

First Reading this 23rd Day of April, 2013

Second Reading this 14^th Day of May 2013.

 

 

__________________________________

Richard Miller, Mayor

 

 

ATTEST:

 

______________________

Tonya Perryman, City Clerk

 

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker

Nays: None

AN ORDINANCE OF THE CITY OF RICH HILL REGULATING THE SALE AND USE OF FIREWORKS IN THE CITY LIMITS OF RICH HILL, MO

 

 

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

 

SECTION 1: Fireworks

 

For the purposes of this ordinance, the term fireworks shall mean and include any combustible or explosive compositions or any substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation which requires fire or explosives to detonate or propel the same.

 

SECTION 2: Provisions for storage, licensing and selling.

 

Except as otherwise provided in this Ordinance, it shall be unlawful for any person, firm or entity to store, sell or offer for sale fireworks of any type within the city limits, provided however, the City will allow fireworks stands, by permit, if located on property adjacent to Old 71 Highway (also known as 14^th Street) for a period beginning from June 20^th through July 4^th at 12:00 o’clock midnight of each year, and through the event until 10:00 p.m.

1. Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless kept in a separate and distinct section or department of the said place of business. Two (2), two and one-half (2-1/2) pound fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings and small stands temporarily erected to be used as a place for storing and selling fireworks only.
2. “NO SMOKING” signs shall be displayed in a clearly visible location.
3. It shall be unlawful for any person to throw, use, explode, detonate or shoot any fireworks within 100 feet of the place of fireworks sales.

 

SECTION 3: Application for permit.

 

Any person, firm or entity desiring to sell or offer to sale fireworks of any type within the city limits shall make application by filing a written request with the city clerk no later than May 15^th of the year in which the sales are to occur.

1. The granting or denials of applications for permits shall be at the sole discretion of the Board of Alderman. All applications shall contain the name of applicant, in addition to a detailed description of the location of sale site or sites, type of structure from which sales are to be made and provisions for fire protection.
2. The Board of Aldermen will make a decision on approval/denial permit requests no later than May 31^st of each year.
3. All permits issued and approved are personal to the applicant and nontransferable. The sale of fireworks or operation of place of sale by any one other than the permittee shall void the permit and cause forfeiture of the permit.
4. Upon approval of permit by Board of Alderman, permit will be issued to successful applicant(s) upon their presentation of State fireworks permit and completion of successful criminal background check. Applicant will pay for cost of background check.
5. Proof of liability insurance in the amount of $1,000,000.00 with the City of Rich Hill listed as an additional insure on the policy shall be provided to City Clerk. Permittee shall be required to indemnify and hold harmless the City of Rich Hill, Missouri from any and all claims, demands, judgments and expenses, including reasonable attorney fees and litigation costs, arising out of all activities conducted by Permittee in connection with the sale of fireworks under the permit.
6. Successful applicant for fireworks permit shall be required to display a sign stating that fireworks may only be detonated or shot off within the city limits from June 20^th to July 3^rd until 10:00 p.m. and July 4^th to midnight, and through the event until 10:00 p.m.
7. Successful applicant will be required to pay a $100.00 fee.

 

Section 4: Use of fireworks with aerial trajectory prohibited.

 

It shall be unlawful for any person to possess with intent to discharge, throw, use, explode, detonate or shoot, within the city limits, bottle rockets, rockets of all types and sizes and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.

 

Section 5: Use of other fireworks limited.

 

It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such manner that the explosion of same will likely endanger or cause injury or damage to any person or property; provided further that it shall be unlawful for any person to shoot or detonate fireworks of any nature within the city limits except on June 20^th to July 3^rd until 10:00 p.m., through the event until 10:00 p.m., and July 4^th to midnight of each year.

 

Section 6: Exceptions to Fireworks Prohibition

 

Nothing in this Ordinance shall prohibit:

1. The sale or use of ammunition or firearms, blank cartridges for sporting, theatrical, police or military purposes, or caps for cap pistols or fuses and signal for use by railroads or trucks or prohibit any resident wholesaler, dealer or jobber from selling fireworks at wholesale for shipment and delivery outside the City.
2. The sale or use of fireworks to competent adults for a fireworks or pyrotechnic display open to the general public given by an organization, lodge, club, amusement park or group of individuals; provided however, that a permit for such use first be secured from the Fire Chief following an application that sets forth the following information:
   • name of group or organization sponsoring the display;
   • date and time of display;
   • exact location planned for the display;
   • name, address, age and physical condition of the persons who are to do the actual firing or discharging of the display;
   • type of fireworks to be used; and
   • manner and place of storage of the fireworks while in the City.

If, after an investigation, the Fire Chief shall be satisfied that the display will be conducted safely, the Fire Chief shall issue a permit.

 

Section7: Penalty for Violation.

 

Any person, firm or corporation violating the provisions of this ordinance shall, upon conviction, be fined not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) for each and every offense.

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

 

This ordinance read two times and passed this 23rd day of April, 2013.

 

 

_____________________________

Richard Miller, Mayor

 

ATTEST

 

 

__________________________________

Tonya Perryman, City Clerk

 

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker.

Nays: None