Bill No. 111                                      Ordinance No. 1130

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN UNINCORPORATED AREA OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF RICH HILL, BATES COUNTY, MISSOURI.

     WHEREAS, Frances M. Situ, is the owner of all the fee interest of record of certain tracts of real property located within an unincorporated area contiguous to the existing corporate limits of the City of Rich Hill, Missouri, and the City desires annexation of such property to the City; and

     WHEREAS, a public hearing concerning the annexation was held on the 26^th day of June 2001 at 6:30 P.M. at the City Hall in Rich Hill, Missouri, and Notice of such hearing was published in the Rich Hill Mining Review, a weekly newspaper of general circulation on the 7^th day of June 2001; and

     WHEREAS, on the 26^th day of June 2001 the Board of Alderman of the City of Rich Hill, Missouri, did determine that the annexation of the tracts of real property described in such notice is reasonable and necessary to the proper development of the City of Rich Hill, Missouri, and that the City has the ability to furnish normal municipal services to such area within a reasonable time; and

     WHEREAS, all things required by Section 71.012 RSMo. 1978, as amended have been done.

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

1. The following described real property is hereby annexed to and made a part of the City of Rich Hill, Missouri, to-wit:

TRACT 1:

A tract of land described as beginning at the Southwest corner of Section 4, Township 38, Range 31; thence East along said Section line, a distance of 212 feet; thence North a distance of 150 feet; thence West a distance of 212 feet; thence South a distance of 150 feet to the point of beginning, Excepting there from Old Highway No. 71 off the West side of thereof, all in Bates County, Missouri.

2.  The corporate limits of the City are hereby extended to include the above-described real property and henceforth the boundary line of the City of Rich Hill, Missouri, shall enclose the above-described real property.

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  All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed.

4.  The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect such invalid part or parts.

5.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.  Three certified copies of this ordinance shall be immediately filed with the Clerk of Bates County, Missouri, whereupon this annexation shall be complete and final:

READ TWO TIMES ANDPASSED THIS 10th DAY OF July 2001.

________________________________

Robert F. Cope, Mayor

ATTEST:

_______________________________

Rose Entrikin, City Clerk

Ayes: Miller, Wills, Humble, Lees           

Nays: None

CERTIFICATION BY THE CITY CLERK 

STATE OF MISSOURI )

                                       ) as

COUNTY OF BATES  )

 

     I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for the Annexation of a certain unincorporated area of real property, contiguous to the present corporate limits of the City of Rich Hill, Missouri, is a true and correct copy of the Ordinance No. 1130 duly adopted by the Council of the City of Rich Hill, Missouri, at their regular meeting on the 10^th day of July 2001.

IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.

                                ________________________________________

                                            Rose Entrikin, Clerk of the City of Rich Hill, Missouri

(seal)

Bill No. 110                                       Ordinance    1129             

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI REGULATING THE HOLDING OF GARAGE SALES AND THE DISPLAY OF GOODS AT RESIDENCES IN THE CITY LIMITS OF RICH HILL.                                                 

**********************************************************************

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

Section 1:                   Definitions

1. Garage Sales-All general sales, open to the public, conducted from or on a residential premise for the purpose of disposing of personal property including but not limited to all sales entitled “garage”, “lawn”, “yard”, “attic”, ‘porch”, “room”, “backyard”, “patio”, “flee market”, or “rummage sale”.
2. Personal Property-Includes any goods, warehouse merchandise or other property which is owned, utilized or maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence and capable of being the object of sale regulated hereunder.  This shall not include any items specifically purchased for resale or obtained for consignment, farm produce or food items.
3. Person-Includes individuals, partnerships, voluntary associations, corporations or organization of any kind.

Section 2:                   Maximum Sales

 No more than twelve (12) days of garage sales may be held at any one residence during any calendar year.

Section 3:                   Hours of operation

Each garage sale shall be limited to the daylight hours.  No garage sale shall be conducted more than four (4)consecutive calendar days.

Section 4:                   Permit Required

1. No garage sale shall be conducted unless and until the person desiring to conduct such sale shall obtain a permit from City Hall. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them.
2. An applicant for a permit to engage in the operation of a garage sale shall deposit with City Hall a fee of three dollars ($3.00) for the cost of issuance of the permit.  One permit shall be issued for each garage sale held on four (4) or less consecutive days.
3. The permit shall set forth and restrict the date, time and location of such garage sale, the name and address of the applicant and the dates of any other garage sale conducted at the location within the current calendar year.
4. Any permit in possession of the holder of a garage sale shall be posted on the premises during the time the sale is conducted in a conspicuous place visible to the public.

Section 5.                    Evidence ofSale

The display of more than three (3) items for sale upon any residential premises or the advertising of such sale upon the premises or in other locations within the city shall create a presumption that such person is conducting a garage sale.

Section 6:                   Persons and sales exempted

The provision of this ordinance shall not apply to or affect the following persons or sales:

1. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
2. Person acting in accordance with their powers and duties as public officials.
3. Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed three (3) in number.

Section 7:                   Advertising and cleanup

1. The person responsible for conducting such garage sale shall be responsible for removing any advertising the first day following the conclusion of the garage sale.
2. All persons who conduct garage sales within the city limits of Rich Hill shall, within twenty-four (24) hours after the conclusion of the garage sale and the time allotted by the permit, clean up all debris, remove all tables and other accessories, and remove any advertising used in connection with said garage sale.
3. Any sign displayed on any public street or right-of-way must be removed within twenty-four (24) hours after the conclusion or pay a $500.00 fine.

Section 8:                   Penalty of violations

            Any person conducting any such sale without being properly licensed therefore or who shall violate any of the other terms and regulations of this article, shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).  Each day such sale shall continue without being duly licensed shall be considered a separate violation.

Section 10:                 Repealer

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

This ordinance was read two times and passed this 10^th day of July 2001.

_____________________________

Robert Cope, Mayor

ATTEST:

______________________________

Rose Entrikin, City Clerk

Ayes: Miller Wills, Humble, Lees

Nays: None

Bill No. 109                                      Ordinance No. 1128

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN UNINCORPORATED AREA OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITYOF RICH HILL, BATES COUNTY, MISSOURI.

     WHEREAS, Stephen R Haile, Sharon K Haile, Security Bank, James J. King and Debra C. King, are the owners of all the fee interest of record of certain tracts of real property located within an unincorporated area contiguous to the existing corporate limits of the City of Rich Hill, Missouri, and the City desires annexation of such property to the City; and

     WHEREAS, a public hearing concerning the annexation was held on the 8^th day of May 2001 at 6:30 P.M. at the City Hall in Rich Hill, Missouri, and Notice of such hearing was published in the Rich Hill Mining Review, a weekly newspaper of general circulation on the 26^th day of April 2001; and

     WHEREAS, on the 8^th day of May 2001 the Board of Alderman of the City of Rich Hill, Missouri, did determine that the annexation of the tracts of real property described in such notice is reasonable and necessary to the proper development of the City of Rich Hill, Missouri, and that the City has the ability to furnish normal municipal services to such area within a reasonable time; and

     WHEREAS, all things required by Section 71.012 RSMo. 1978, as amended have been done.

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

1. The following described real property is hereby annexed to and made a part of the City of Rich Hill, Missouri, to-with

TRACT 1:

           All of blocks 146,147, & W 150’ of block 148 Town Company’s 4^th Addition to

           town, now City, of Rich Hill, Bates County, Missouri.

           TRACT 2:

            All of Block 148 except the East 70 feet thereof, and further excepting the West 150 feet of Block 148, all in Town Company’s 4^th Addition to the Town, now City, of Rich Hill, Bates County, Missouri.

            TRACT 3:

 All that parts of Lots 209, 210, 211, 212, 216, 217, and the North Half, lying East of Old Highway 71 and lying West of new U.S. Highway 71 as platted in Book 447, page 310; including that part of vacated property formerly belonging to St. Louis and San Francisco RR Co., EXCEPT the North 242 feet of the above described tract; all in Town Company’s 4^th Addition to Rich Hill, Bates County, Missouri.

 

2.  The corporate limits of the City are hereby extended to include the above described real property and henceforth the boundary line of the City of Rich Hill, Missouri, shall enclose the above described real property.

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

4.  The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect such invalid part or parts.

5.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.  Three certified copies of this ordinance shall be immediately filed with the Clerk of Bates County, Missouri, whereupon this annexation shall be complete and final

 

READ TWO TIMES ANDPASSED THIS 22^ndDAY OFMAY 2001.

________________________________

Robert F. Cope, Mayor

ATTEST:

_______________________________

Rose Entrikin, City Clerk

Ayes: Miller, Wills, Humble, Lees

Nays: None

CERTIFICATION BY THE CITY CLERK 

STATE OF MISSOURI )

                                       ) as

COUNTY OF BATES  )

 

     I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for the Annexation of a certain unincorporated area of real property, contiguous to the present corporate limits of the City of Rich Hill, Missouri, is a true and correct copy of the Ordinance No. 1128 duly adopted by the Council of the City of Rich Hill, Missouri, at their regular meeting on the 22^nd day of May 2001.

IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.                           ________________________________________

                                            Rose Entrikin, Clerk of the City of Rich Hill, Missouri

(seal)

Bill No.96                                         Ordinance 1115

AN ORDINANCE PROVIDING “FAIR HOUSING” FOR THE CITY OF RICH HILL, MISSOURI. DEFINES DISCRIMINATORY HOUSING PRACTICES, AND CREATES A FAIR HOUSING COMMITTEE.

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

Section 1.  Declaration of Policy

The City Council of the City of Rich Hill herby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, or obtain real property without regard to race, color, religion, sex, handicap, familial status, or nation origin. This ordinance shall be deemed an exercise of the police powers of the City of Rich Hill for the protection of the public welfare, prosperity, health, and peace of the people of the Rich Hill, Missouri.

Section 2.  Definitions

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

1. Person shall include any individual, firm, partnership, or corporation.
2. Aggrieved Person shall include any person who is attempting to provide housing for himself and/or his family in the City of Rich Hill, Missouri.
3. Discriminate shall mean distinctions in treatment because of race, color, religion, sex, handicap, familial status, or national origin of any person.

Section 3. Discriminatory Practices

It shall be a discriminatory practice and a violation of the ordinance for any person to:

A.  Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin of any person.

B.  Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin.

C.  Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or nation origin, or an intention to make any such preference, limitation, or discrimination.

D.  Represent to any person because of race, color, religion,sex, handicap, familial status, or national origin, that any dwelling is not available for inspections, sale, or rental when such dwelling is in fact so available.

E.  For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood or a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

F.  Discrimination in the sale of rental of housing on the basis of a handicap of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or rent.  The design and construction of new multi-family dwellings containing four (4) or more units is required to meet certain adaptability and accessibility requirements in accordance with section 804 of the 1988 Fair Housing Amendments Act.

G.  Discrimination in the sale or rental of housing on the basis of familial status of because a family has children, exempting certain types of buildings that house older persons (e.g. Section 202 housing) in accordance with Section 807 of the 1988 Fair Housing Amendments Act.

Section 4. – Discrimination in the Financing of a House

It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against any person in the fixing of the amount or conditions of such loan, because of the race, color, religion, sex, handicap, familial status, or national origin of such a person, or of any person therein associated in connection with such financing.

Section 5. -Administration  

1. There is hereby created a Fair Housing Committee whose membership shall consist of five members, who shall be appointed by the Mayor.
2.  Every complaint of a violation of this ordinance shall be referred to a Fair Housing Committee. The Fair Housing Committee shall forth with notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the Fair Housing Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the Fair Housing committee finds that there is merit in the complaint, in their opinion, then and in that event, the Fair housing Committee will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
3. If the Fair Housing committee is unable to eliminate the alleged discriminatory practice by conference and conciliation, then and in that event, the Fair Housing committee shall forward said complaint to the City Attorney for handling. The final determination of whether to prosecute in Municipal Court on said complaint shall be left to the city Attorney.
4. Nothing in this ordinance shall be construed in such manner as to limit administrative enforcement mechanisms an recourse against alleged discriminatory housing practices through the U.S. Department of Housing and Urban Development, as specified under Section 810 of the Fair Housing Act as amended effective March 12, 1989, or through the Missouri Commission on Human Rights, as specified in applicable state statutes.

Section 6. – Enforcement

1. Any person convicted in Municipal Court of a violation of this ordinance shall be punished by a fine of (not more than) $500.00, or by confinement in the City jail for (not more than) 5 days, or both such fine and imprisonment.
2. The City Attorney, instead of filing a complaint in Municipal Court of said City, may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.

Section 7. – Severability

If any section, subsection, paragraph, sentence, clause, or phrase of these standards shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall continue in full force and effect. To this end, the provisions of this ordinance are hereby declared to be severable.

Section 8. – Savings Clause

This ordinance shall not affect violation of any other ordinance, code, or regulation of the City of Rich Hill existing prior to the effective date hereof. Any such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes, or regulations in effect at the time the violation was committed.

Read two times and passed by the City Council of the City of Rich Hill, Missouri, on the 12^th day of September 2000.

_________________________________

Alvin Briscoe, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Wills, Stephens, Humble

Nays: None

Rich was absent.

Bill No. 95                                                       Ordinance 1114

AN ORDINANCE TO IMPLEMENT THE FOLLOWING SPECIFIC AFFIRMATIVE ACTION STEPS DIRECTED AT INCREASING THE UTILIZATION OF SECTION 3 BUSINESS CONCERNS AS DEFINED UNDER CURRENT CDBG PROGRAM REQUIREMENTS.

Be it ordained by the Mayor and Board of Aldermen of the City ofRich Hill, State of Missouri, as follows:

A.  To identify eligible business concerns for CDGB-assisted contracts through: the Chamber of Commerce, the Urban League, local advertising media (including public notices) applicable area committees, or citizen advisory boards; lists available through the are HUD program office and Missouri Department of Economic Development; regional planning agencies, and all other appropriate referral sources.

 

B.  To maintain a list of businesses for utilization in CDBG-funded procurements, to insure that all appropriate Section 3 business concerns are notified of pending contractual opportunities, and to make this list available for general city procurement needs.

 

 

C.  To require all potential contractors to submit a written Section 3 plan including utilization goals and the specific steps planned to accomplish these goals, and to incorporate the Section 3 clause in all solicitations and contracts. (Note: loans, grants, contracts and subsidies for less than $100,000 are exempt from this requirement.)

 

D.  To notify Section 3 residents and businesses of the training and economic opportunities generated by the Section 3 covered assistance.

 

 

E.  To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns by undertaking activities to reach the numerical goals.

 

F.  To maintain records including copies of correspondence, memoranda, etc., which document that all applicable Section 3 steps have been taken.

 

 

G.  To appoint or recruit an executive official of the city as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan.

 

H.  As officers and representatives of the City ofRich Hill, we have read and fully agree to this Section 3 Affirmative Action Plan, and become a party to full implementation of this program.

 

Read two times and passed by the City Council of the City of Rich Hill, State of Missouri, on the 12^th day of September 2000.

_________________________________________

Alvin Briscoe, Mayor

ATTEST:

________________________________________

Rose Entrikin, City Clerk

Ayes: Wills, Stephens, Humble

Nays: None

Rich was absent.

BILLNO. 94                                        ORDINANCE  1113     

AN ORDINANCE ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:

Be it ordained by the Mayor and Board of Aldermen of the City ofRich Hill, State of Missouri, as follows:

ARTICLE I

Section 1:  The city hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations.  The city also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable state laws regarding same.

                                                                   ARTICLE II

Section 1:  Any person found to be violating any provision of this resolution shall be served by the city with written notice stating the nature of the violation.

Section 2:  Any person guilty of this violation shall be guilty of misdemeanor, an on conviction thereof shall be fined in the amount not exceeding one hundred (100) dollars for each violation.  Each day in which any such violation shall continue shall be deemed a separate offense.

Section 3:  Any person violating any of the provisions of this resolution shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

                                                                   ARTICLE III

            Read two times and passed by the City Council of the City of Rich Hill, State of Missouri, on the 12^th day of September 2000.

 ______________________________

 Mayor

Attest:

______________________________

City Clerk

Ayes: Wills, Stephens, Humble

Nays: None

Rich was absent.

 

BILL NO.  70               ORDINANCE NO.  1086 

AN ORDINANCE PROHIBITING THE POSSESSION OF MARIJUANA AND PROVIDING PENALTIES FOR VIOLATION THEREOF

                                                               

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

SECTION 1.  No person shall possess, or have under his control, marijuana except as may be authorized by the laws of the State of Missouri.

SECTION 2.  For the purpose of this ordinance, marijuana is defined as all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.  It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which in incapable of germination.

SECTION 3.  Any person, firm, corporation or other legal entity violating the provisions of this Ordinance shall be assessed a fine to be determined by the Rich Hill Municipal Division of the Circuit Court of Bates County, Missouri.

SECTION 4.  All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed.

SECTION 5.  The invalidity of any section, clause, sentence or provisions 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.

SECTION 6.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.

READ TWO TIMES AND PASSED THIS       DAY OF                , 1998.

                                                                      Mayor and Ex-Officio President

    of the Board of Aldermen

ATTEST:

                            

City Clerk

BILL NO.  69                     ORDINANCE NO.  1085  

AN ORDINANCE PROHIBITING CERTAIN USES AND POSSESSION OF DRUG PARAPHERNALIA, DEFINING TERMS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF

                                                                   

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

SECTION 1.  No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of city ordinance or Sections 195.005 to 195.425, RSMo.

SECTION 2.  For the purpose of this ordinance, “drug paraphernalia” is defined as all equipment, product, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of city ordinance or Sections 195.005 to 195.425, RSMo.  It includes, but is not limited to:

(a)      Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing harvesting   of any species of plant which is a controlled           substance or from which a controlled substance can be   derived;

(b)      Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances;

(c)      Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance or an imitation controlled substance;

(d)      Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or        imitation controlled substances;

(e)      Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;

(f)      Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or imitation controlled substances;

(g)      Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(h)      Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;

(i)      Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or imitation controlled substances;

(j)      Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;

(k)      Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body;

(l)      Objects used, intended for use, or designed for use in     ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

1.   Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

2.   Water pipes;

3.   Carburetion tubes and devices;

4.   Smoking and carburetion masks;

5.   Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

6.   Miniature cocaine spoons and cocaine vials;

7.   Chamber pipes;

8.   Carburetor pipes;

9.   Electric pipes;

10.  Air-driven pipes;

11.  Chillums;

12.  Bongs;

13.  Ice pipes or chillers.

SECTION 3.  In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

 

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior conviction, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance or imitation controlled substance;

(c) The proximity of the object, in time and space, to a direct violation of any city ordinances relating to controlled substances or imitation controlled substances or of Sections 195.005 to 195.425, RSMo.

(d) The proximity of the object to controlled substances or imitation controlled substances;

(e) The existence of any residue of controlled substances or imitation controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of city ordinances relating to controlled substances or imitation controlled substances or of Sections 195.005 to 195.425, RSMo.; the innocence of an owner, or of anyone in control of the object, as to direct violation of such ordinances or of Sections 195.005 to 195.425, RSMo., shall not prevent a finding that the object is intended for use, or designed for use as a drug paraphernalia;

(g) Instructions, oral or written, provided with the object concerning its use;

(h) Descriptive materials accompanying the object which explain or depict its use;

(i)  National or local advertising concerning its use;

(j)  The manner in which the object is displayed for sale;

(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(m) The existence and scope of legitimate uses for the object in the community;

(n) Expert testimony concerning its use.

SECTION 4.  Any person, firm, corporation or other legal entity violating the provisions of this ordinance shall be assessed a fine to be determined by the Rich Hill Municipal Division of the Circuit Court of Bates County, Missouri.

SECTION 5.  All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed.

SECTION 6.  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.

SECTION 7.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.

READ TWO TIMES AND PASSED THIS       DAY OF                , 1998.

                                                                                                 Mayor and Ex-Officio President

of the Board of Aldermen

ATTEST:

                                 

City Clerk

BILL NO. 64             ORDINANCE NO. 1080

AN ORDINANCE VACATING ALL OF AN ALLEY IN THE SPERRY’S ADDITION IN                     RICH HILL, MISSOURI

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

Section 1:  That all of the 20′ alley which runs East and West and lying south of Block 46 and North of Block 51 in the Sperry’s Addition of Rich Hill, Missouri shall be vacated.

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

Read two times and passed this 11TH day of November, 1997.

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Doug Smith

Mayor

ATTEST:

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Tammy Williams

City Clerk

Aye’s:  4

Nay’s:  0

 

 

ORDINANCE 1074

BILL NO. 59 

AN ORDINANCE VACATING ALL OF ANNIE STREET IN THE SPERRY’S 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 all of Annie Street which runs North and South with the North end of the street beginning at the South side of Cherry Street and going all the way south to the edge of the Rich Hill city limits in the Sperry’s Addition of Rich Hill Missouri shall be vacated.

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

Read two times and passed this 8^th day of April 1997.

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Don Cole-Mayor

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Tammy Williams-City Clerk

Aye’s:  4

Nay’s:  0