Bill No 158                                 Ordinance No 1178

AN ORDINANCE REGULATING OFFENSES AFFECTING GOVERNMENT

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

Article 1 Obstructing government operations

A person commits the crime of obstructing government operations if he purposely obstructs, impairs, hinders or perverts the performance of a governmental function by the use or threat of violence, force or other physical interference or obstacle.

Article 2 Failure to give a tax list

A person commits the crime of failure to give a tax list if, when requested by a government assessor, he knowingly fails to give a true list of all his taxable property, or to take and subscribe an oath or affirmation to such list as required by law.

Article 3 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All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.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.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

Bill No 157                                      Ordinance No 1177

AN ORDINANCE REGULATING OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE

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

Article 1 Concealing an offense.

1. A person commits the crime of concealing an offense if he:
   1. Confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person’s concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or
   2. Accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.

Article 2.  Hindering prosecution.

1. A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he:
   1. Harbors or conceals such person;
   2. Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;
   3. Provides such person with money, transportation, weapon, disguise or other means to aid him in avoiding discovery or apprehension;
   4. Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

Article 3.  False affidavit.

1. A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which the affidavit is made.
2. The provisions of subsections 2 and 3 of RSMo 575.040 shall apply to prosecutions under subsection (a) of this section
3. It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
   1. The falsity of the statement was exposed; or
   2. Any person took substantial action in reliance on the statement.
4. The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.

Article 4.  False declarations.

1. A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he:a.  Submits any written false statement, which he does not believe to be true:

        1.  In an application for any pecuniary benefit or other consideration; or

        2.  On a form bearing notice, authorized by law, that false statement made therein are punishable; or

   b.  Submits or invites reliance on:

          1.  Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

          2.  Any sample, specimen, map, boundary mark, or other object, which             he knows to be false.

2.  The falsity of the statement or the item under subsection (a) of this section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of subsections 2 and 3 of RSMo 575.040 shall apply to prosecutions under subsection (a) of this section.

3.  It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:

     a.  The falsity of the statement or item was exposed; or

     b.  The public servant took substantial action in reliance on the statement or item.

4.  The defendant shall have the burden of injecting the issue of retraction under subsection (c) of this section.

Article 5.  False reports.

1. A person commits the crime of making a false report if he knowingly:
   1. Gives false information to a law enforcement officer for the purpose of implicating another person in a crime;
   2. Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or
   3. Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.
2. It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.
3. The defendant shall have the burden of injecting the issue of retraction under subsection (b) of this section.

Article 6.  False bomb report.

A person commits the crime of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle.

Article 7.  Tampering with physical evidence.

1. A person commits the crime of tampering with physical evidence if he:
   1. Alters, destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or
   2. Makes, presents or uses any record, document or thing knowing it to be false with the purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation

Article 8.  Tampering with a public record.

1. A person commits the crime of tampering with a public record if, with the purpose to impair the verity, legibility or availability of a public record:
   1. He knowingly makes a false entry in or falsely alters any public record; or
   2. Knowing he lacks authority to do so, he destroys, suppresses or conceals any public record.

Article 9.  False impersonation.

1. A person commits the crime of false impersonation if he:
   1. Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts, and
      1. Performs an act in that pretended capacity; or
      2. Causes another to act in reliance upon his pretended official authority;
   2. Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this state with the purpose to induce another to rely upon such representation, and:
      1. Performs an act in that pretended capacity; or
      2. Causes another to act in reliance upon such representation.

Article 10.  Simulating legal process.

1. A person commits the crime of simulating legal process if, with the purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:
   1. A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or
   2. Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.
2. This section shall not apply to a subpoena properly issued by a notary public.

Article 11.  Resisting or interfering with arrest.

1. A person commits the crime of resisting or interfering with arrest if, knowing that a law enforcement officer is making an arrest, for the purpose of preventing the officer from effecting the arrest, he:
   1. Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such officer; or
   2. Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.

2.  This section applies to arrests with or without warrants and to arrests for any crime or ordinance violation.

3.  It is no defense to a prosecution under subsection (a) of this section that the law enforcement officer was acting unlawfully in making the arrest.  However, nothing in this section shall be construed to bar civil suits for unlawful arrest.

Article 12.  Interference with legal process.

1. A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person.
2. “Process” includes any writ, summons, subpoena, and warrant other than an arrest warrant, or other process or order of a court.

Article 13.  Refusing to make an employee available for service of process.

Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.

Article 14.  Refusal to identify as a witness.

1. A person commits the crime of refusal to identify as a witness if, knowing he has witnessed any portion of a crime, or of any other incident resulting in physical injury or substantial property damage, upon demand by a law enforcement officer engaged in the performance of his official duties, he refuses to report or gives a false report of his name and present address to such officer.

Article 15.  Failure to return to confinement.

1. A person commits the crime of failure to return to confinement if, while serving a sentence for any crime under a work-release program, or while under sentence of any crime to serve a term of confinement which is not continuous, or while serving any other type of sentence for any crime wherein he is temporarily permitted to go at large without guard, he purposely fails to return to confinement when he is required to do so.
2. This section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, nor to persons who are on probation or parole, temporary or otherwise.

Article 16.  Aiding escape of a prisoner.

1. A person commits the crime of aiding the escape of a prisoner if he:
   1. Introduces into any place of confinement any deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other crime; or
   2. Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner’s escape from custody or confinement.

Article 17.  Disturbing a judicial proceeding.

A person commits the crime of disturbing a judicial proceeding if, with the purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding, or the character of a judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding.

Article 18 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.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

 

 

Bill No 155                                   Ordinance No 1175

AN ORDINACE REGULATING OFFENSES AGAINST PUBLIC MORALS

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

Article 1.  Inhalation of solvents.

1. No person shall intentionally smell or inhale the fumes of any solvent, particularly, toluol, or induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual or mental processes; except that this subsection shall not apply to the inhalation of any anesthesia for medical or dental purposes.
2. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
3. No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by subsection (a) or (b)
4. No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of this section

Article 2.  Prostitution

            A person commits the crime of prostitution if he performs an act of prostitution.

Article 3.  Patronizing prostitution.

A person commits the crime of patronizing prostitution if he patronizes prostitution.

Article 4.  Bigamy.

1. A married person commits the crime of bigamy if he:
   1. Purports to contract another marriage; or
   2. Cohabits in this city after a bigamous marriage in another jurisdiction other than this state.
2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he reasonably believes that he is legally eligible to remarry.
3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.
4. An unmarried person commits the crime of bigamy if he:
   1. Purports to contract marriage knowing that the other person is married; or
   2. Cohabits in this state after a bigamous marriage in a jurisdiction other than this state.

Article 5.  Criminal nonsupport.

1. A husband commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his wife; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which such parent is legally obligated to provide for his minor child or his stepchild.
2. For purposes of this section:
   1. Support means food, clothing, lodging, and medical or surgical attention.
   2. Child means any natural or adoptive, legitimate or illegitimate child.
   3. Good cause includes any substantial reason why the defendant is unable to provide adequate support.  Good cause does not exist if the defendant purposely maintains his inability to support.
   4. It shall not constitute a failure to provide medical and surgical attention, if nonmedical remedial treatment recognized and permitted under the laws of this state is provided.

c.  The defendant shall have the burden of injecting the issues raised by subsection (b)(3) and (4).

Article 6.  Endangering the welfare of a child.

1. A person commits the crime of endangering the welfare of a child if:
   1. He with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old;
   2. He knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031; or
   3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031
2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.

Article 7.  Unlawful transaction with a child.

1. A person commits the crime of unlawful transactions with a child if:
   1. Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child’s custodial parent or guardian has consented in writing to the transaction;
   2. He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in RSMo ch. 195, is maintained or conducted; or
   3. He with criminal negligence sells blasting caps, bulk gunpowder or explosives to a child under the age of seventeen (17), or fireworks as defined inn RSMo 320.110, to a child under the age of fourteen (14) unless the child’s custodial parent or guardian has consented in writing to the transaction.  Criminal negligence as to the age of the child is not an element of this crime.

Article 8.  Promoting obscenity in the second degree.

1. A person commits the crime of promoting pornography for minors or obscenity in the second degree if, knowing its content or character, he
   1. Promotes or possesses with the purpose to promote any obscene material for pecuniary gain;
   2. Produces, presents, directs or participates in any obscene performance for pecuniary gain;
   3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or
   4. Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain.

Article 9.  Possession of child pornography.

1. A person commits the crime of possession of child pornography if he knowingly:
   1. Possesses or controls any obscene material that has a minor as one of its participants or portrays as an observer of sexual conduct, sexual contact or a sexual performance a minor; or
   2. Possesses or controls any material that shows a minor participating or engaging in sexual conduct.

Article 10.  Furnishing pornographic materials to minors.

1. A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he:
   1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
   2. Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance.

Article 11.  Public display of explicit sexual material.

1. A person commits the crime of public display of explicit sexual material if he knowingly:
   1. Displays publicly explicit sexual material; or
   2. Fails to take prompt action to remove such a display from property in his possession after learning of its existence.

Article 12 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.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

BILL 154                                             ORDINANCE NO. 1174

AN ORDINANCE REGULATING THE OFFENSES AGAINST PUBLIC SAFETY

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

Section 1. Discharge of guns, explosive.

(a)   No person shall fire or discharge any gun, pistol or firearm of any description in the city limits of the City of Rich Hill, Missouri, except with the written permission of the Mayor or Board of Aldermen.

(b)   No person shall fire or discharge any B-B gun, pellet gun or air rifle of any description in the city limits of the City of Rich Hill, Missouri, except on their own property, and shall not then fire or discharge such gun in any manner that would cause damage to any person or property.

(c)   No person shall explode or set off any thing containing powder, or other combustible or explosive material without permission from the Board of Aldermen in writing, which permission shall limit the time of such firing and shall be subject to be revoked by the Board of Aldermen at any time after it has been granted.

Section 2.  Possession, manufacture, transporting, repairing, selling of certain weapons

A person commits a crime if he knowingly possessed, manufactures, transports, repairs, or sells:

1. Switchblade Knife
2. A bullet or projectile, which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm.
3. Knuckles

A person does not commit a crime under this section if his conduct:

1. Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency or a penal institution;
2. Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subsection (1) of this section;
3. Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
4. Was incident to displaying the weapon in a public museum or exhibition; or
5. Was incident to dealing with the weapon solely as a curio, ornament or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance.

Section 3 Defacing firearm

A person commits the crime of defacing a firearm if he knowingly defaces any firearm.

Section 4 Possession of defaced firearm

A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm, which is defaced.

Section 5 Unlawful transfer of weapons

A person commits the crime of unlawful transfer of weapons if he:

(1)    Knowingly sells, leases, loans, gives away or delivers a black jack to a person less than eighteen (18) years old without the consent of the child’ custodial parent or guardian, or recklessly, as defined in RSMo 562.016, sells, leases, loans gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

(2)    Recklessly, as defined in RSMo 562.016, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

Section 6 Penalties

Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding three months, or by both such fine and imprisonment.

If any minor child shall violate any of the provisions of this ordinance, the parent of such child shall be liable for the damage caused by such violation.

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

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

Read two times and passed this 11^th day of February 2003.

Approved this 11^th day of February 2003

___________________________________

Robert Cope, Mayor

ATTEST:

___________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

 

Bill No. 152                                Ordinance No 1172

AN ORDINANCE REGULATING AGAINST SEXUAL OFFENSES

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

Article 1.  Sexual misconduct.

            a.  A person commits the crime of sexual misconduct if:

1. Being less than seventeen (17) years old, he has sexual intercourse with another person to whom he is not married who is fourteen (14) or fifteen (15) years old

2. He engages in deviate sexual intercourse with another person to whom he is not married and who is under the age of seventeen (17) years;

3. He has deviate sexual intercourse with another person of the same sex.

Article 2.  Sexual abuse in the third degree.

A person commits the crime of sexual abuse in the third degree if he subjects another person to whom he is not married to sexual contact without that person’s consent

Article 3.  Indecent exposure.

A person commits the crime of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.

Article 4. 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.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

Bill No. 151                     Ordinance No 1171

AN ORDINANCE REGULATING OFFENSES AGAINST THE PERSON

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

Article 1.  Assault in the third degree.

a.  A person commits the crime of assault in the third degree if:

1. He attempts to cause or recklessly causes physical injury to another person
2. With criminal negligence he causes physical injury to another person by means of a deadly weapon
3. He purposely places another person in apprehension of immediate physical injury
4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person
5. He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative

Article 2.  Assault of a law enforcement officer in the third degree.

a.  A person commits the crime of assault of a law enforcement officer in the third degree if:

1. He attempts to cause or recklessly causes physical injury to a law enforcement officer
2. With criminal negligence he causes physical injury to a law enforcement officer by means of a deadly weapon
3. He purposely places a law enforcement officer in apprehension of immediate physical injury
4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to a law enforcement officer
5. He knowingly causes or attempts to cause physical contact with a law enforcement officer without the consent of the law enforcement officer

Article 3.  Harassment.

a.  A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he:

1. Communicates in writing or by telephone a threat to commit any felony
2. Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility
3. Makes a telephone call anonymously
4. Makes repeated telephone calls

Article 4.  Interference with custody.

A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices from lawful custody any person entrusted by order of a court to the custody of another person or institution.

Article 5.  Crime of invasion of privacy, second degree, penalties.

a.  A person commits the crime of invasion of privacy in the second degree if:

1. Such person knowingly views, photographs or films another person, without that person’s knowledge and consent, while the person being viewed, photographed or filmed is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or
2. Such person knowingly uses a concealed camcorder or photographic camera of any type to secretly videotape, photograph, or record by electronic means another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person’s consent.

b.  Invasion of privacy in the second degree pursuant to subdivision (1) of subsection 1 of this section is a class A misdemeanor; unless more than one person is viewed, photographed or filmed in full or partial nudity in violation of sections 565.250 to 565.257 during the same course of conduct, in which case invasion of privacy is a class D felony; and unless committed by a person who has previously pled guilty to or been found guilty of invasion of privacy, in which case invasion of privacy is a class D felony.  Invasion of privacy in the second degree pursuant to subdivision (2) of subsection 1 of this section is a class A misdemeanor; unless more than one person is secretly videotaped, photographed of recorded in violation of sections 565.250 to 565.257 during the same course of conduct, in which case invasion of privacy is a class D felony; and unless committed by a person who has previously pled guilty to or been found guilty of invasion of privacy, in which case invasion of privacy is a class C felony.  Prior pleas or finding of guilt shall be pled and proven in the same manner required by the provisions of section 558.021, RSMo.

Article 6 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor or as listed per Article 5 subsection (b) 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.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

BILL NO 150                                     ORDINANCE NO 1170 

AN ORDINANCE CONCERNING LIVE ENTERTAINMENT IN THE CITY OF RICH HILL, MISSOURI

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

            Section 1.  That there is hereby levied a license fee of $10.00 per night for all live 

music, shows or entertainment conducted by cabarets, nightclubs, and taverns within the corporate limits of the City of Rich Hill, Missouri.

Section 2.  Such license shall be issued for a three month period and all license tax shall be payable in advance.  In the event any such license is canceled no portion of such license tax shall be refunded.

Section 3.  Any person, firm, company or corporation who shall conduct a cabaret show, cabaret dance or cabaret entertainment as defined in Section One hereof, whether as owner, agent or manager without first obtaining a license as provided in Section One hereof, whether as owner, agent or manager without first obtaining a license as provided in Section One hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Twenty-five Dollars $(25.00) and not more than Five Hundred Dollars ($500.00) for each separate offense.

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.

Read two times and passed this 11^th day of February 2003.

_________________________________

Robert Cope, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

            Ayes: Lees, Humble, Greco and Miller

            Nays: None

 

BILLNO. 145                                ORDINANCE NO. 1165

AN ORDINANCE PROHIBITING THE LITTERING OF STREETS, SIDEWALKS, AND PUBLIC PLACES 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:  No person shall throw or place or cause to be thrown or placed on any street, sidewalk, or other public property in the City ofRich Hill, any paper, trash, nails, metal, glass, or other substances.

            SECTION 2:  Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars or by imprisonment not exceeding three months or by both such fine and imprisonment.

            SECTION 3:  All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

            SECTION 4:  This ordinance shall take effect and be in force from and after its passage and approval.

            Read two times and passed this 11^th day of February 2003

__________________________

Robert Cope, Mayor

ATTEST:

___________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

Bill No. 144                                                  ORDINANCE NO 1164

AN ORDINANCE ESTABLISHING A CITY SEAL FOR THE CITY OF RICH HILL, MISSOURI; AND THE KEEPER OF SUCH SEAL.

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

Section 1- There shall be a common seal for the City ofRich Hilland the City Clerk shall be the keeper thereof.

Section 2- The seal of the City ofRich Hillshall be circular in shape and of ordinary size, and shall represent by its impression the words “Corporate Seal”, surrounded by a scroll, and these words surrounded by the words “City ofRich Hill,Bates County,Missouri”, surrounded on the outer edge of the seal with a scroll.

This ordinance will take effect after its approval and passage.

Read two times and passed this 11^th day of February 2003.

_______________________________

Robert Cope, Mayor

ATTEST:

_______________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None

 

 

Bill No. 143                                        Ordinance No 1163

AN ORDINANCE DESIGNATING A NORTH AND SOUTH WARD OF THE CITY OF RICH HILL, MISSOURI; AND NUMBERS OF ALDERMAN EACH WARD SHALL HAVE, TERM OF OFFICE AND QUALIFICATIONS FOR ALDERMEN.

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

Section 1:  Division of Wards

The City of Rich Hill shall be divided into two wards, to be known and designated as the North and the other as the South Ward.

Section 2: Area of each ward

The southward shall include all that portion of the City laying south of Park Avenue, and the northward all that portion of the City lying North of Park Avenue. Each ward shall be entitled to two members of the Board of Alderman.

Section 3:  Number of Aldermen for each ward.

Each ward shall be entitled to two members of the Board of Alderman. Each member of the Board of Alderman shall at the time of his election, and during his term of office, be a resident of the ward for which he is elected.

Section 4: Election of Aldermen

Each Alderman will be elected for a period of two years.

Section 5:  Qualifications for Aldermen

1. Must be 21 years of age
2. Citizens of the United States
3. Inhabitant and residents of the City for one year next preceding his or her election and a resident at the time he or she files and during the time he or she serves and a resident of the ward he or she is elected

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

Read two times and passed this 11^th day of February 2003.

_________________________

Robert Cope, Mayor

ATTEST:

__________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None