BILL NO.393                             ORDINANCE NO. 1393

 

AN ORDINANCE TO ESTABLISH THE DUTIES, HOURS AND COMPENSATION FOR THE POSITION OF DIRECTOR OF PUBLIC SAFETY FOR THE CITY OF RICH HILL.

 

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

 

Section 1. Job Duties

The Director of Public Safety for the City of Rich Hill will be required to perform the following duties:

1. Shall work cooperatively with the State Emergency Management, Civil Defense and Police Department and any other departments as required to protect the public’s safety and welfare.
2. Shall be responsible for record management of all criminal charges and convictions.
3. Shall work cooperatively with all other departments to ensure that all radio communications are conducted efficiently and appropriately.
4. Shall assist the citizens of Rich Hill with preventing fire and working toward prevention of crime.

 

Section 2. Working Hours

The Director of Public Safety for the City of Rich Hill will be required to work 40 hours a week. A workweek will begin at 7:00 a.m. on Monday and end the following Monday at 6:59 a.m.

The Director of Public Safety must work at least 1 weekend a month with rotating shifts.

 

Section 3. Salary

The Director of Public Safety for the City of Rich Hill will be paid a weekly salary to be set by the Board of Alderman.

 

Section 4. Benefits

The Director of Public Safety for the City of Rich Hill will comply with the ordinance of work rules and procedures for the employees of the City of Rich Hill.

 

Section 5. Qualifications

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

 

Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.

 

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:   Pilcher, Moreland, Perkey-Ewing, Becker     Nays:   None

AN ORDINANCE REGULATING OFFENSES AGAINST PROPERTY RIGHTS

 

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

Article 1.  Feigning blindness for profit.

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

Article 2.  Reckless burning or exploding

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

Article 3.  Negligent burning or exploding.

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

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

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

Article 5 Burning in Violation of Temporary Burn Ban

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

Article 6.  Tampering in the second degree.

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

Article 7.  Property damage in the second degree.

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

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

Article 8.  Trespass in the first degree.

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

Article 9.  Trespass in the second degree.

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

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

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

Article 11. Attaching posters to utility poles, trees.

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

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

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

Article 13 Painting on, otherwise tampering or interfering with property

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

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

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

Article 15 Tearing down, removing property without consent.

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

Article 16 Tampering with, defacing public property.

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

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

(c)    No person shall search on public property with metal detectors without obtaining a permit from the City ofRich Hill.

Article 17 Removing, defacing monuments, landmarks.

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

Article 18 Stealing

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

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

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

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

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

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

Article 19 Receiving stolen property

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

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

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

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

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

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

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

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

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

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

Article 21 Issuing a false instrument or certificate

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

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

(2)   It is wholly or partly blank.

Article 22 Passing bad checks

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

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

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

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

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

Article 23 Deceptive business practice.

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

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

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

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

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

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

Article 24 Commercial bribery.

A person commits the crime of commercial bribery:

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

(a)    Agent or employee of another;

(b)   Trustee, guardian or other fiduciary;

(c)    Lawyer, physician, accountant, appraiser or other professional advisor or informant;

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

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

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

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

Article 25 Sports bribery

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

Article 26 False advertising.

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

Article 27 Bait advertising

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

(1)   At the price which he offered them;

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

(3)   At all

Article 28 Defrauding secured creditors.

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

Article 29 Penalties

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

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

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

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

First readingAugust 14, 2012

Second readingAugust 14, 2012

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

Approved this 14^th day of August 2012

_______________________________________

Jimmy Kithcart, Mayor

ATTEST:

_______________________________________

Michele Gould, City Clerk

Ayes: Kassner, Perkey-Ewing, Becker

Nays: None

 

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

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

 

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

 

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

 

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

 

1^st Reading 12^th day of June 2012

2^nd Reading 12^th day of June 2012

 

Passed this 12^th day of June 2012.

 

 

 

________________________________

Jim Kithcart, Mayor

 

ATTEST:

 

 

 

_______________________________

Michele Gould, Clerk

 

 

Ayes: Kassner, Moreland, Perkey-Ewing, Becker

Nays:  None

 

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

SECTION 1:  DEFINITIONS:

 

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

 

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

 

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

 

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

SECTION 2: LICENSE FEE:

 

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

 

SECTION 2: FEES

 

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

 

SECTION 3:  DISPOSITION OF LICENSE FEES:

 

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

 

SECTION 4:  COUNTY COLLECTOR TO COLLECT:

 

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

 

All ordinances that are in conflicted are hereby repealed.

 

1^stReading3/13/12

 

2^ndReading4/10/12                         .

 

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

 

 

 

_______________________________

Jim Kithcart, Mayor

 

ATTEST:

 

 

____________________________

 

Rose Entrikin, City Clerk

 

Ayes: Becker, Perkey-Ewing, Kassner, Thurman

Nays: None

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

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

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

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

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

1^st Reading 7^th day of February 2012

2^nd Reading 7^th day of February 2012

Dated this 7^th day of February 2012

____________________________________

Jim Kithcart, Mayor

____________________________________

Rose Entrikin, City Clerk

Ayes:  Becker, Perkey-Ewing, Kassner

Nays: None

Thurman was absent

AN ORDINANCE DESIGNATING TRUCK ROUTES AND STATING THE GUILDLINES FOR THE OPERATION, PARKING AND STANDING OF CERTAIN VEHICLES, HOUSE TRAILERS, BUSES, TRACTORS, AND TRAILERS ON THE STREETS AND ALLEYS OF THE CITY OF RICH HILL, MISSOURI AND PROVIDING A PENALTY FOR SUCH VIOLATIONS

 

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

———————————————————————————————————-

 

Section 1:  Definitions

For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein.

 

1)      “MOTOR VEHICLES”. Any self-propelled vehicle not operated exclusively upon fixed tracks or rails.

2)      “OPERATOR”.  Any person who operates or drives a motor vehicle.

3)      “OWNER”.  The term Owner shall include any person, firm, and corporation, association who holds legal title to a vehicle under any lease, contract or agreement.

4)      “SCHOOL BUS” Any motor vehicle used solely to transport students to or from any place for educational purposes or used for instruction of students.

5)      “TRACTOR”.  Any motor vehicle designed primarily for agricultural use or used a traveling power plant or for drawing other vehicles or farm or construction implement.

6)      “TRAILER”. Any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by self-propelled vehicles, except those running exclusively on tracks, including a semi-trailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle.

7)      “VEHICLE”. Any load-or passenger-carrying device on wheels designed primarily for use on highways, except those propelled or drawn by human power, or those used exclusively on fixed rails or tracks.

8)      “HOUSE TRAILER”. Any vehicle having two or more wheels designed for living quarters and being drawn by a self-propelled vehicle.

9)      “BUS”. Any motor vehicle carrying more than eight passengers for hire.

10)  “TRUCK   ROUTE”. The term truck route shall include all state or federal marked highways and all portions of the streets and alleys of the City of Rich Hill, Missouri, herein designated upon which it shall be permissible to operate any motor vehicle, bus, tractor, trailer or combination thereof.

 

 

Section 2:  TRUCK ROUTE

The following portions of the streets and alleys of the City of Rich Hill, Missouri, listed below are hereby designated as truck routes.

North and South Streets

 

1)     McCombs   Streetfrom (Walnut   Street NorthtoOlive   Street)

2)     Fayette   Streetfrom (Walnut   Street NorthtoOlive   Street).

3)     First Streetfrom (Walnut Street Northto City Limits).

4)     Third   Streetfrom (Walnut   Street NorthtoLinden   Street).

5)     Fourth   Streetfrom (Cherry   Street Southto City Limits).

6)     Fifth   Streetfrom (City Limits South toLashbrooke   Street) (Walnut Street   SouthtoMaple Street).

7)     Sixth   Streetfrom (Walnut   Street NorthtoLashbrooke   Street) (Maple Street   Southto City Limits).

8)     Seventh   Streetfrom (Olive Street   SouthtoMaple Street).

9)     Ninth   Streetfrom (Olive Street   SouthtoPark Avenue   Street).

10)  All ofFourteenth   Street.

East and West Streets

1)      All ofWalnut Street

2)     Olive Streetfrom (McCombs StreettoFirst Street) (Seventh StreettoNinth Street)

3)      Chestnut Street from (First Street EasttoThird Street)

4)     Linden Streetfrom (First Street EasttoFifth Street)

5)     Lashbrooke Streetfrom (Fifth Street EasttoSixth Street)

6)     Park Avenue Streetform (Eighth Street EasttoNinth Street)

7)      Maple Street from (Fifth Street EasttoFourteenth Street)

8)      Spruce Street from (Sixth Street EasttoFourteenth Street)

9)      Oak Street from (Sixth Street EasttoEighth Street)

10)  Cherry Street from (Fayette Street EasttoSixth Street)

 

SECTION 3:  OPERATION REGULATIONS

 

After signs for the truck route have been erected at the City Limits of the City of Rich Hill, Missouri, giving notice thereof, no person shall operate any motor vehicle, tractor-trailer or combination thereof on the streets and alleys of the City of Rich Hill, Missouri, outside of the truck route except for the following:

 

(a)      Any motor vehicle having a gross weight of 18,000 pounds or less.

(b)      Any vehicle, motor vehicle, bus, house trailer, trailers or tractor or combination thereof operating on a State or Federal marked highway.

(c)      Any trailer or house trailer less than twenty feet in length.

(d)      Any vehicle, motor vehicle, bus, tractor, trailer or combination thereof and any school bus between points or receiving, loading or unloading freight, merchandise, materials, or passengers and using the most direct and convenient route, in the City between points of origin and/or destination.

(e)      Any motor vehicle designed for use in construction, repair, clearing, excavating or demolition or improvement of any building property or premises and using the most direct and practical route in the City between points of origin and/or destination.

(f)        Any motor vehicle or vehicle being used for cleaning, construction, repair, excavating or improving streets, alleys or public property.

(g)      Any vehicle or motor vehicle owned or operated by the United States Government, the State ofMissouri, the City ofRich Hillor any agency thereof or any vehicle or motor vehicle operated for the purpose of public health, welfare, education, or charity and not for profit.

 

SECTION 4: PARKING, LEAVE STANDING OR PERMIT TO REMAIN STATIONARY REGULATIONS ALONG THE TRUCK ROUTE

 

1. Parking will be permitted along the truck routes with the following conditions:

 

(a)      Parking for no more than 72 hours

(b)      Tractor trailers cannot park in front of any business except for during delivering and picking up of merchandise.

(c)      Tractor trailers cannot park within 25 feet of any intersection.

(d)      No parking will be permitted that blocks the view of any intersection or oncoming traffic.

(e)      No parking will be permitted where there are no parking signs.

(f)        No parking in front of churches.

 

SECTION 5: PENALTIES

 

Any person, firm or corporation is violating any of the provisions of this ordinance, or any vehicle owner permitting the violation of any provisions of this ordinance, shall become liable to the city for any expense, loss or damage occasioned the City be reason of such violation.

 

Upon conviction, the person, firm or corporation will be guilty of a misdemeanor and for each such conviction can be fined up to $500.00 and/or up to 30 days in jail.

 

SECTION 6: Repeal of conflicting ordinances.

 

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

SECTION 7: Effective Date

 

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

 

READ THE TWO TIMES ANDPASSED THIS 13^THDAY OF DECEMBER 2011

 

APPROVED THIS 13^THDAY OF DECEMBER 2011

 

 

______________________________________

Jim Kithcart, Mayor

 

ATTEST:

 

 

____________________________________

Rebecca Rich,AssistantCityClerk

 

 

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

 

Bill No. 361                        Ordinance No 1370

AN ORDINANCE REGULATING OFFENSES AGAINST PUBLIC PEACEANDORDER

 

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

Article 1 Peace disturbance

(a)   A person commits the crime of peace disturbance if:

(1)  He unreasonably and knowingly disturbs or alarms another person or persons by:

(a)   Loud noise;

(b)  Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient;

(c)   Threatening to commit a crime against any person;

(d)  Fighting;

(e)   Creating a noxious and offensive odor;

(2)  He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

(a)   Vehicular or pedestrian traffic; or

(b)  The free ingress or egress to or from a public or private place.

Article 2 Private peace disturbance.

A person commits the crime of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

(1)            Threatening to commit a crime against any person; or

(2)          Fighting;

Article 3 Unlawful assembly.

A person commits the crime of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any criminal laws of this state or of theUnited Stateswith force or violence.

Article 4 Rioting

A person commits the crime of rioting if he knowingly assemble with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this state or of theUnited Stateswith force or violence, and thereafter, while still so assembled, does violate any of such laws with force or violence.

Article 5 Refusal to disperse.

A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of such unlawful assembly or riot.

Article 5 Institutional vandalism.

A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging

(1)  Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

(2)  Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

(3)  Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;

(4)  The grounds adjacent to, and owned or rented by, any, institution, facility, building, structure or place described in subsection (1), (2) or (3) of this section;

(5)  Any personal property contained in any institution, facility, building, structure or place described in subsection (1), (2), or (3) of this section.

Article 6 Curfew for minors

(a)        No person or persons under the age of seventeen years shall loiter, gather or assemble on the sidewalks, streets, alleys, or any other public property within the corporate limits of the City of Rich Hill, Missouri, after the hour of 11 o’clock p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nor after the hour of 12 o’clock midnight on Friday or Saturday; provided, however, that nothing in this section shall apply to minors in the company of their parent or lawful guardian, nor to minors who are actually going to or returning to their homes from organized group activity.

(b)       No person or persons under the age of sixteen years of age shall loiter in the east or west park after sunset or 7:00 p.m. whichever is 1st; provided, however, that nothing in this section shall apply to minors in the company of their parent or lawful guardian nor to minors who are actually attending a organized group activity.

(c)        No parent nor any person having lawful custody of a child under the age of seventeen years shall permit or allow such child to violate the provisions of the preceding section.

Article 7 Disorderly conduct

Any person who shall do or engage in any of the following shall be deemed to be engaged in disorderly conduct:

(a)       Act in a violent or tumultuous manner toward another, whereby any person is placed in fear of safety of his life, limb or health;

(b)       Act in a violent or tumultuous manner toward another, whereby property of any person is placed in danger of being destroyed or damaged;

(c)       Endanger or interfere with the lawful pursuits of another by acts of violence, angry threats or abusive conduct;

(d)       Cause, provoke or engage in any fight, brawl or riotous conduct, including but not limited to the use of “fighting” words, resulting in any fight, brawl or riotous conduct, which may endanger the life, limb or health or property of another;

(e)       Assemble or congregate with another or others to cause, provoke or engage in any fight or brawl;

(f)        Jostle, roughly crowd or push any person in a public place in a non-accidental manner;

(g)       Act in any way that a reasonable person would consider dangerous;

(h)       Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other lawful authority;

(i)        Accost or attempt to force his or her company upon any other person; attempt to pick up any other person or behave in a provocative or sexually suggestive manner toward another person;

(j)        Appear in public in a state of drunkenness which may cause alarm or fear to another; which may place any person in actual or possible physical danger; or which may place the property of any person in danger of being destroyed or damaged;

(k)       Interfere with the legal business operation of any individual, including but not limited to, blocking ingress or egress to a business establishment, making more than one (1) hang-up telephone call to the business telephone; causing any disturbance inside a place of business.

Article 8 Penalties

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

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

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

1^stReading9/13/11

Ayes: Becker, Perkey-Ewing, Kassner

Nays: None

Thurman abstained

2^ndReading10/11/11

Ayes: Becker, Perkey-Ewing, Kassner, Thurman

Nays: None

Read two times and passed this 11^th day of October 2011.

_________________________________

Jim Kithcart, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Bill No.    359                                   Ordinance No.  1366

 

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

 

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

 

Section 1:  Regular Meetings

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

Section 2:  Special Meetings

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

Section 3: Mayor Salary

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

Section 4: Aldermen Salary

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

Section 5:  Special Meeting Allowance

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

 

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

 

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

 

1^stReading7/26/11

2^ndReading8/9/11

 

Passed this 9^th day of August 2011.

 

______________________________

Jim Kithcart, Mayor

 

ATTEST:

 

______________________________

Rebecca Rich, City Clerk

 

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

 

AN ORDINANCE VACATINGALLOF THE ALLEY LYING NORTH OF LOTS 6-8ANDSOUTH OF LOTS 4AND5 IN BLOCK 4 IN THE GLASGO’SADDITION IN RICH HILL,MISSOURI

 

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

 

Section 1.  That the entire alley lying North of Lots 6-8 and South of Lots 4 and 5 in Block 4 in the Glasgo’s Addition of the City of Rich Hill, Missouri be vacated.

 

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

 

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

 

1^st Reading 14^th day of June 2011

2^nd Reading 28^th day of June 2011

 

Passed this 28^th day of June 2011.

 

 

 

________________________________                   

Jim Kithcart, Mayor

 

Attest:

 

 

 

_______________________________

Rebecca Rich, City Clerk

 

 

Ayes: Perkey-Ewing, Thurman, Kassner

Nays:  None

Becker abstained due to relationship to possible buyer.

 

AN ORDINANCE VACATING ALL OF PARK STREET FROM 15^TH STREET EAST TO THE RIGHT OF WAY FOR 71 HIGHWAY IN 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.  That all of Park Street which runs East and West from 15^th Street going east to the Right of Way for 71 Highway be vacated in the City of Rich Hill, Missouri .

 

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

 

1^st Reading 14^th day of June 2011

2^nd Reading 28^th day of June 2011

 

Passed this 28^th day of June 2011.

 

 

 

________________________________                   

Jim Kithcart, Mayor

 

Attest:

 

 

 

_______________________________

Rebecca Rich, City Clerk

 

 

Ayes: Perkey-Ewing, Thurman, Kassner

Nays:  None

Becker abstained due to relationship to possible buyer.