AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF RURAL FIRE PROTECTION SERVICES TO PROPERTY OWNERS AND RESIDENTS OUTSIDE THE CITY LIMITS OF RICH HILL, MISSOURI

________________________________________________________________________

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

SECTION 1 – Purpose

The purpose of this Ordinance is to provide rural fire protection services to certain property owners and residents outside the corporate limits of the City of Rich Hill.

SECTION 2 – Definitions

Commercial building – Any building used for commercial use and/or business activities that is not considered or used as a dwelling

Dwelling – A structure or a discrete space within a structure intended for people to live in or where a person or group of people live

• A structure that people actually live in is a dwelling regardless of its intended purpose
• A vacant structure is only a dwelling if intended for human residence
• A dwelling may include one or more rooms used as an office or workshop provided the dwelling is in residential use

Habitable – A residence that is safe and can be occupied in reasonable comfort. The premises should be closed against the weather, provide running water, access to decent toilets and bathing facilities, heating and electricity

Improvements – Enhancements to a tract of land such as driveways, fencing, parking spaces, pavement, walls and outbuildings (does not include a habitable dwelling)

Membership Dues – Dues that are set by the City to provide fire protection services in lieu of assessing a charge for fire protection services actually performed

Member – Any resident that has paid membership dues as set forth in this Ordinance

Non-member – Any resident that has not paid membership dues as set forth in this Ordinance

Property Owner – Any person owning and/or renting property within the unincorporated district/boundaries of the Rich Hill Fire Department

Tract – A large area of land that runs continuously without being divided by a road or river

SECTION 3 – City to furnish equipment and personnel

The City shall furnish fire-fighting equipment and personnel from the Rich Hill Fire Department to property owners and residents of Bates County whose property has current boundaries on file with the County Commission.

SECTION 4 – Membership Fees

The City shall sell memberships to persons residing or owning real property whose property has current boundaries on file with the County Commission and whose residence or property is easily accessible by a road.  In the event the City determines the property to not easily accessible by a road, the City reserves the right to terminate the membership, and the membership fee shall be refunded.

SECTION 5 – Availability

Rural fire protection services shall be available only for real property that has current boundaries on file with the County Commission and for which the owner or resident has purchased a current membership from the City.  The City, at its discretion may dispatch fire-fighting equipment and personnel from the City Fire Department to fires outside the city limits involving churches, schools, buildings for community services group meetings or for a life-threatening fire even if memberships for such locations have not been purchased.

SECTION 6 – Fees for membership are listed in the City Fee Schedule Resolution

a.         Commercial building                                                 

b.         Each habitable dwelling                                            

     c.         A tract of land with improvements                            

                 other than a dwelling

d.         A tract without improvements when the                   

            member has a current membership under

            subsection (a), (b), or (c).

e.         A track without improvements when the                  

member does not have a current membership

under subsection (a), (b), or (c).

Fees are for each commercial building, each dwelling and/or each tract of land for which there is to be rural fire protection services.

SECTION 7 – Terms, late fees

a.         The membership fee provides fire protection services as provided for a period beginning September 1 and terminating August 31 of the following year.

b.         Membership fees shall be payable on or before the 1^st day of September in each year.

c.         After September 1, the City Clerk shall assess a penalty for late payment equal to 1 ½ percent of the total fee for each month or part of month thereafter.

SECTION 8 – Prorating services

a.         Notwithstanding the preceding Section, membership fees shall be prorated if purchase of a new membership occurs after September 30^th in any year.

b.         Membership fees shall be 1/12 of regular fee for each full month remaining until September 1, and membership will begin on the first day of the month following payment.

SECTION 9 – Liability of non-member

a.         Whenever the fire department or personnel of the City Fire Department are dispatched to respond to any fire, chemical spill or motor vehicle accident or upon the real property of a non-member, the non-member shall be liable for the cost of the response, including, but not limited to, the fees listed in the City Fee Schedule.   

b.         No property owner or individual shall be liable for fees or charges under this Section if said property owner or individual notifies the Fire Department in writing, prior to the occurrence of an incident on or involving their property, not to respond to said incident.

c.         In the event the non-member is insured by any policy or contract of insurance that might provide coverage for such event, the City shall submit a statement for its services to the insurance company of the non-member.

SECTION 10 – Request for fire service

The Fire Chief or his authorized representative shall have the discretion to determine the type and amount of fire equipment and personnel necessary to respond to the request.

SECTION 11 – Dispatch to a rural fire

a.         Fire-fighting equipment and personnel dispatched shall be dispatched outside the City limits only when the equipment and personnel are not needed within the City.

b.         In the event the equipment and personnel are needed within the City while the equipment and personnel are on a rural fire call, the Fire Chief or his authorized representative, at his discretion, may immediately recall the equipment and personnel to the City.

SECTION 12 – Transferability

The membership shall be transferable only to a subsequent purchaser of the real property for which the membership was purchased.

SECTION 13 – Right of refusal

The City shall have the right to refuse or reject any application for membership or deny the renewal of any membership.

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

This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]

1^ST READING ON THIS THE 13^TH DAY OF APRIL, 2022.          

2^ND READING ON THIS THE 13^TH DAY OF APRIL, 2022.

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF APRIL, 2022.

________________________________________

Nathan Kassner, Mayor                                             

ATTEST:                   

_____________________________________

Casey Crews, City Clerk

Ayes:  Rich, Bonham, Humble

Nays:  None

Absent:  None

---

[i] For informational purposes, this Ordinance repeals and replaces the following:   Ordinance No. 1747, enacted November 9, 2021, Ordinance No. 1649, enacted April 11, 2017 which repealed Ordinance No. 1504, enacted June 9, 2015.

AN ORDINANCE ESTABLISHING THE DUTIES AND RESPONSIBLITIES OF THE VOLUNTEER FIRE DEPARTMENT, FIRST RESPONDERS

_____________________________________________________________________________

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

SECTION 1 – Appointments

a.         The Mayor, with the consent of the Board of Aldermen, shall appoint the Fire Chief.

b.         The Fire Chief with the approval of the Mayor shall appoint the Assistant Fire Chief and the First Responder Coordinator.

c.         A vacancy in the office of the Fire Chief shall be temporarily filled by the next in command who shall perform the duties of the Fire Chief, with all the rights, privileges, powers and jurisdiction of the Fire Chief until the Fire Chief’s return, or in the case of death, resignation, removal from office or any other cause whatever, until the Mayor, with the consent of the Board of Aldermen, appoints a new Fire Chief.

d.         The Appointee shall live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor or Board of Alderman.  

SECTION 2– Fire Chief and Volunteer Fireman Qualifications

All volunteers shall:

a.         Be at least 18 years of age or older;

b.         Have a valid driver’s license to operate fire department vehicles and maintain a current copy of such with the City Clerk;

c.          Provide proof of liability insurance coverage on the personal vehicle(s) used in the performance of the duties and responsibilities as a fireman;

d.          Live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor, Board of Alderman or Fire Chief.

SECTION 3 -Volunteer First Responder Qualifications

All volunteers shall:

a.         Be at least 18 years of age or older;

b.          Have a valid driver’s license and maintain a current copy of such with the City Clerk;

c.          Provide proof of liability insurance coverage on the personal vehicle(s) used in the performance of the duties and responsibilities as a First Responder;

d.          Be certified with proof of annual certification provided to the City Clerk;

e.         Be certified to use any equipment with proof of certification provided to the City Clerk;

f.          If EMT licensed, a copy of the license shall be submitted to the City Clerk and again each time the license is renewed; 

g.         Live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor, Board of Alderman, Fire Chief or First Responder Coordinator.

SECTION 4 – Compensation for Fire Chief, Volunteer Fireman and First Responders

a.         The Fire Chief shall be paid $300.00 per month.

b.         The Fire Chief and all volunteers shall be covered by the City’s workers’ compensation insurance.

c.         Volunteer Firemen and First Responders shall be paid each month per call and per meeting/training session.

d.         Definitions

            Meeting/training session – Attendance from start to finish of the meeting or training session, (usually 7 p.m.to 9 p.m.), unless the absence is pre-approved by the Fire Chief.

Call – Attendance from start to finish of a call, or on stand-by for the call at the station until personnel is back in quarters or unless released by incident command officer on the call. 

e.         Requests for call/trainingreimbursement shall be submitted to the City Clerk no later than the first Monday of the first full week of the following month in which the call/training was accrued. The request shall be accompanied by written documentation of attendance.

SECTION 5 – Duties and Responsibilities of the Fire Chief

The Fire Chief shall:

a.         Oversee all volunteers, the Assistant Fire Chief and First Responder Coordinator;

b.         Report directly to the Mayor and Board of Aldermen;

c.         Oversee the use and care of equipment;

d.         Maintain equipment in constant state of readiness and arrange for the immediate repair or replacement upon discovery of defective equipment;

e.         Maintain a running inventory of all equipment;

f.          Provide the Mayor with monthly activity reports;

g.         Report any changes in personnel, any changes in the condition of existing equipment and any purchase of new equipment for insurance purposes;

h.         Provide the Board of Aldermen a list of all volunteers and the equipment issued to each of them.  All equipment shall be owned by the City.  All personal equipment shall be assigned by the Fire Chief and signed out by the City Clerk;

i.          Order a temporary outdoor burning ban on the City whenever  it is deemed in the best interest of the citizens of the City that open fire be prohibited. The temporary outdoor burning ban shall remain in effect until released by the Fire Chief;

j.          Prepare a budget and submit it to the City Clerk no later than March 1 of each calendar year.  The budget shall be subject to the approval of the Board of Aldermen;

k.         Complete all fire and medical reports and turn them into the City Clerk;

l.          Report immediately to the Mayor any suspension or revocation of his or her driver’s license or cancellation of personal vehicle insurance;

m.        Issue a written 10-day notice to any Fireman and First Responders whose driver’s license, auto insurance or certification license has expired.  If a Fireman or First Responder fails to submit documentation of reinstatement of the license or insurance within 10 days, the Fireman or First Responder shall be removed from roster of active personnel;

n.         Administer a driving test with a checklist for each Fireman and First Responder within 30 days of their addition to the roster.  Firemen or First Responders shall not operate fire or first responder vehicles until they have passed the test.

SECTION 6 – General Rules for Volunteer Firemen and First Responders

a.         All volunteers shall attend the monthly training meetings at the fire station.

b.         The Chief and Assistant Chief shall carry radios.  Any other use of radios by Firemen shall be at the discretion of the Fire Chief.  Any misuse of radios shall cause retrieval of radio and a 30-day suspension.

c.         All volunteers using a blue light shall follow Missouri State Statues and shall be issued a permit by the Fire Chief upon inspection and before such equipment is operated in an emergency situation. 

d.         The Assistant Fire Chief shall report directly to the Fire Chief.

e.         All volunteers shall report immediately to the Fire Chief and Mayor any suspension or revocation of drivers license or cancellation of personal vehicle insurance.

f.          First Responders follow the protocol agreed to by the Fire Chief and any emergency medical providers.

g.         First Responders shall only respond to medical calls per the approved protocol.

h.         Only First Responders that have a valid EMT license on file with the City Clerk shall ride in the ambulance from the scene.

i.          The Fire Department shall have 17 volunteers and the Fire Chief.

j.          First Responders shall have 17 volunteers.

k.         A volunteer who is both a Fireman and a First Responder shall be counted both as a Fireman and a First Responder.

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.[i]

First reading: April 13, 2022

Second reading: April 13, 2022

APPROVED THIS 13^TH DAY OF APRIL 2022

                                                                                Attest:

________________________________                     _______________________________

Nathan Kassner                                                          Casey Crews

Mayor                                                                         City Clerk

Ayes:   Humble, Bonham, Rich                 

Nays:  None

Absent:  None

---

 

[i] For informational purposes, this Ordinance deleted the specific amount of volunteer pay and deleted Section 7 Billing from Ordinance 1706, enacted January 8, 2020.

For informational purposes, this Ordinance No. replaces the following:  Ordinance No. 1706, enacted January 8, 2020; Ordinance No. 1648, enacted April 11, 2017; Ordinance No. 1504, enacted June 9, 2015; Ordinance No. 1389, enacted November 13, 2012; Ordinance 1385, enacted August 14, 2012; Ordinance No. 1344, enacted September 22, 2009; Ordinance No. 1299, enacted November 27, 2007; Ordinance No. 1265, enacted June 27, 2006; Ordinance No. 1211, enacted May 25, 2004; Ordinance No. 1191, enacted September 9, 2003; Ordinance No. 1187, enacted June 10, 2003; Ordinance No. 1136, enacted October 23, 2001; and Ordinance No. 1110, enacted September 12, 2000.

An ordinance pertaining to public health, safety, and welfare; regulating storage, collection, transportation, processing, and disposal of solid waste and yard waste; providing for collection and disposal of solid waste and yard waste; providing a penalty for violation of the provisions of this ordinance; and repealing all ordinances in conflict.

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

SECTION 1: DEFINITIONS

For the purpose of this ordinance the following terms shall be deemed to have the meaning indicated below:

APPROVED INCINERATOR: any incinerator, which complies with all current regulations of the responsible local and state air pollution control agencies.

BULKY RUBBISH: non – putrescible solid wastes consisting of combustible and /or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefore any item that exceeds 40 pounds in weight and/or is larger than four feet by five feet.

CITY: the City of Rich Hill, Missouri.

COLLECTION: removal of solid waste from its place of storage to the transportation vehicle.

COMMERCIAL USER: any person, firm, partnership, or corporation occupying any building or structure which is within the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

CONTRACTOR: solid waste collection company operating under contract with the City

DEMOLITION AND CONSTRUCTION WASTE: waste materials from the construction or destruction of residential or commercial structures.

DIRECTOR: the Director of the solid waste management program of the City of Rich Hill shall be the Mayor, or his authorized representative.

DISPOSABLE SOLID WASTE CONTAINER: disposable plastic sacks or bags with a capacity not greater than 35 gallons which is specifically designed for storage of solid waste.

DWELLING UNIT: any room or group of rooms located within a structure, and forming a single habitable unit with facilities, which are used, or are intended to be used, for living, sleeping, cooking and eating.

GARBAGE: putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food.

HAZARDOUS WASTES: including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

MEDICAL PATHOLOGICAL WASTE: including, but not limited to, needles, syringes, sharp objects, or other materials that have made contact with blood or bodily fluids.

MULTIPLE HOUSING FACILITY: a housing facility containing more then one dwelling unit under one roof.

OCCUPANT: any person who, along or jointly or severally with others, shall be in actual possession of any dwelling unit of any other improved real property, either as owner or as a tenant.

OUTSIDE COMMERCIAL USER: any person, firm, partnership, or corporation occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

OUTSIDE RESIDENTAL USER: any person occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use is as a place of abode for any person or persons.

PERSON: any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.

PROCESSING: incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

REFUSE: solid waste.

RESIDENTIAL USER: any person occupying any building or structure, which is within the corporate limits of the City of Rich Hill, Missouri the principle use, is as a place of abode for any person or persons.

SOLID WASTE: unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special waste, industrial wastes, and demolition and construction wastes.

(a) Commercial solid waste–solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishments, and multiple housing facilities with more than one (1) dwelling units.

(b) Residential solid waste– solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than one (1) dwelling units.

SOLID WASTE CONTAINER: receptacle used by any person to store solid waste during the interval between solid waste collections.

SOLID WASTE DISPOSAL: the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.

SOLID WASTE MANAGEMENT: the entire solid waste systems of storage, collection, transportation, processing, and disposal.

STORAGE: keeping, maintaining, or storing solid waste from time of its production until the time of its collection.

TRANSPORATION: the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

YARD WASTE: brush, leaves, grass clippings, flowers, dirt, and rock

SECTION 2: SOLID WASTE STORAGE

SECTION 2.1: The occupant of every dwelling unit and of every institutional, commercial or business, industrial, or agricultural establishment producing solid waste within the corporate city limits of the City, shall provide, or shall be provided by the Contractor at the request of the City, , sufficient and adequate containers for the storage of all solid waste to serve each such dwelling unit and/or establishment, and to maintain such solid waste containers at all times in good repair.

SECTION 2.2: The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural, or business establishment within the corporate limits of the City shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat sanitary condition at all times.

SECTION 2.3: Residential solid waste shall be stored in containers that meet the following specifications:

SECTION 2.4: Solid waste containers with the following specifications will NOT be allowed for use:

• Metal, 55-gallon barrels
• Paper sacks or cardboard
• Wheelbarrows or carts
• Any container that cannot be dumped into the truck by one man or not meeting the definitions in Section 2.3

SECTION 2.5: Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof and shall meet all requirements as set forth by Section 7.

SECTION 3: COLLECTION OF SOLID WASTE

SECTION 3.1: Except for services in connection with the collection and disposal of Demolition and Construction Waste as provided in Section 6 of this Ordinance, no person shall engage in the business of collecting, transporting, processing, or disposing of any other type of solid waste within the corporate limits of the City.  Residents and any business, firm, partnership, or corporation occupying or using any building or structure which is in the corporate limits of the City shall receive refuse pickup and disposal service or collection for solid waste other than Demolition and Construction Waste exclusively from the City as per rules and regulations of the Ordinance. The City may also provide services for the collection and removal of Demolition and Construction Waste, or the removal of such waste can be provided, at the customer’s expense, by a customer contracting with a third party who holds a Demolition and Construction Waste Permit issued in accordance with Section 6 of this Ordinance.   The City may also provide the collection services by the City contracting with a person, county, or other city or combination thereof, for the entire City or portions thereof, as deemed to be in the best interest of the City.

SECTION 3.2: All solid wastes from premises to which collection services are provided by the City or the Contractor, shall be collected, except bulky rubbish as defined herein; provided, however, bulky rubbish collections shall be subject to additional charges as hereinafter established in this ordinance.  All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

SECTION 3.4: Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste there from as required by this ordinance. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval of the Director.

• All solid waste being set out for collection must be placed at the edge of the property, along the road, unless otherwise directed by the truck operator.  Solid waste containers and disposable solid waste containers not properly placed will not be picked up.

SECTION 3.5: The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected (at least once) weekly. At least seventy-two (72) hours shall intervene between collections. All commercial solid waste shall be collected (at least once) weekly, except otherwise permitted by the Director, and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the prevention of the health and /or safety of the public.

SECTION 3.6: Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage sight shall be well drained, free from loose debris and maintained; fully accessible to collection equipment, public health personnel and fire personnel.

SECTION 3.7: Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Sections 2.3, 2.4, 2.5, and 2.6 of this ordinance. Any spillage of blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.

SECTION 3.8: It shall be the responsibility of the collector to inform the director of any known or suspected hazardous or toxic wastes prior to the collections of such wastes.

SECTION 4: TRANSPORTATION OF SOLID WASTE

SECTION 4.1: All transportation vehicles shall be maintained in a safe clean and sanitary condition, and shall be so constructed, maintained, and operated as to prevent spillage of solid waste there from. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall have a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle which shall be secured whenever the vehicle is transporting solid waste, or as an alternate, the entire body thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.

SECTION 4.2: Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right of ways.

SECTION 4.3: Transportation and disposal of demolition and construction wastes shall be in accordance with applicable Section 5 and 6.

SECTION 5: DISPOSAL OF SOLID WASTE

SECTION 5.1: Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health and the Department of Natural Resources.

SECTION 5.2: The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.

SECTION 5.3: Medical pathological waste shall be disposed of in accordance with Missouri State Department of Health regulations in approved containers.

SECTION 6: DEMOLITION AND CONSTRUCTION WASTE PERMITS; INSPECTIONS

SECTION 6.1: A person may engage in the business of collecting, transporting, processing, or disposing of Demolition and Construction Wastes within the corporate limits of the City only if that Person first obtains a Demolition and Construction Waste Permit from the City in accordance with this Section.   If a Demolition and Construction Waste Permit is obtained, no further permit shall be required from employees of the holder of any such permit.

SECTION 6.2: No such Demolition and Construction Waste Permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the Director evidence of a satisfactory public liability insurance policy with the City of Rich Hill listed as a certificate holder, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount as listed in the City Fee Schedule. Should any such policy be canceled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

SECTION 6.3: Each applicant for any such Demolition and Construction Waste Permit shall state in his application therefore; (a) the nature of the Demolition and Construction Waste  Permit desired, as to collect, transport, process, or dispose of Demolition and Construction Waste or any combination thereof; (b) the characteristics of the Demolition and Construction Waste to be collected, transported, processed, or disposed; c) the number of Demolition and Construction Waste transportation vehicles to be operated there under; (d) the precise location or locations of Demolition and Construction Waste processing or disposal facilities to be used and a copy of the state landfill  permit; (e) boundaries of the collection area; and (f) such other information as required by the Director.

SECTION 6.4: If the application shows that the applicant will collect, transport, process or dispose of Demolition and Construction Waste without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this ordinance, the Director shall issue the Demolition and Construction Waste Permit authorized by this ordinance. The Demolition and Construction Waste Permit shall be issued from January 1 to December 31 and each applicant shall pay therefore a fee as listed in the City Fee Schedule. If in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this ordinance, the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

SECTION 6.5: If the applicant does not make the modifications pursuant to the notice in 6.4 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of Demolition and Construction Waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the re-application comply with the provisions of this ordinance.

SECTION 6.6: The annual Demolition and Construction Waste Permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified and with the presentation of a current copy of the state landfill permit. If the modifications have been made, the applicant shall reapply for a Demolition and Construction Waste Permit as set forth in Sections 6.2 and 6.3. No Demolition and Construction Permit authorized by this ordinance shall be transferable from person to person.

SECTION 6.7: In order to ensure compliance with the laws of this State, this ordinance and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management (including, but not limited, to both Demolition and Construction Waste and all other forms of solid waste) within the City of Rich Hill, Missouri.  No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this ordinance, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

SECTION 6.8: In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the Demolition and Construction Waste Permit or Demolition and Construction Waste Permits involved in the violation, however, in those cases where an extension of time will Demolition and Construction Waste Permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.

SECTION 6.9: Any person who feels aggrieved by any notice of violation, or order issued pursuant thereto of the Director may within ten (10) days of the act for which redress is sought appeal directly to the Board of Aldermen of Rich Hill, Missouri, in writing, setting forth in a concise statement the act of being appealed and the grounds for its reversal.

SECTION 6.10: All motor vehicles operating under any Demolition and Construction Waste Permit required by this ordinance shall display legible company name on each vehicle operating within the City limits of Rich Hill.  Each Demolition and Construction Waste Permit for processing or disposal facilities shall be prominently displayed at the facility.

SECTION 7: YARD WASTE

The City shall operate a yard waste disposal site and may provide for the collection and disposal of residential yard waste, as determined and approved by the Board of Aldermen. 

SECTION 8: RULES AND REGULATIONS

The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:

(a) Preparation, drainage and wrapping of garbage deposited in solid waste containers.

(b) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.

(c) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.

(d) Weight limitations on the combined weight of solid waste containers and the contents thereof, and the weight of solid waste bundles and their size limitations on bundles of solid waste too large for solid waste containers.

(e) Storage of solid waste in solid waste containers.

(f) Sanitation, maintenance, and replacement of solid waste containers.

(g) Schedule of and routes for collection and transportation of solid waste.

(h) Collection points of solid waste containers.

(i) Collection, transportation, processing, and disposal of solid waste.

(j) Processing facilities and fees for the use thereof.

(k) Disposal facilities and fee for the use thereof.

(l) Records of quantity and type of wastes received at processing and / or disposal facilities.

(m) Handling of special wastes such as toxic hazardous wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.

The City Clerk or such other City official, who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and / or disposal service charges, as hereinafter provided for. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.

SECTION 9:  PROHIBITED PRACTICES

It shall be unlawful for any person to:

• Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of the container and / or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal,
• Interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, or those of a solid waste collection agency operating under contract with the City;
• Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
• Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
• Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.
• Prohibited Solid Waste will include, but is not limited to:
• Yard Waste (grass clippings, brush, flowers, etc.)
• Tires
• Concrete and rock
• Waste oil
• Appliances
• Batteries
• Unmarked metal or plastic containers (5-gallon buckets, 1-gallon cans, bottles, etc.)
• Gasoline Cans or gasoline tanks
• Any items that are not allowed in the solid waste processing facility.

SECTION 10: SERVICE CHARGES/ DEPOSITS

There is hereby imposed, for the collection and disposal of solid waste, and for the improvement of the general public health and environment, a service charge for each dwelling unit and each commercial establishment. 

• Residential Users – All residential users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(b) Outside Residential Users – All outside residential users shall pay a deposit of 2 months billing before service can begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri.  The charge shall be billed by the City of Rich Hill and paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(c) Commercial Users – All commercial users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(d) Outside Commercial Users – All outside commercial users shall pay a deposit of two months billing before services will begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri.  The charge shall be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(e) If a residential or commercial user that gets one pickup per week requires the truck to run the hopper more than once there will be an additional charge, which can be found in the City Fee Schedule.

 (g) Dumpsters – Upon making application at City Hall and paying a deposit, found in the City Fee Schedule,  of the monthly rate equal to the number of pickups per week and the size of dumpster, a commercial customer may acquire the use of a dumpster.  At such time the user requests removal of the dumpster, any balance due upon dumpster charges will be deducted from the deposit and the remainder of the deposit, if any, will be refunded to the customer.  All commercial users of a dumpster for refuse pickup and disposal shall pay a monthly charge to the City of Rich Hill, Missouri as shown in the City Fee Schedule.

Dumpsters will be provided to commercial users so long as the Contractor has a dumpster available.

All dumpsters will be located to allow easy access by the refuse truck. In situations where the customer repeatedly overfills the dumpster, arrangements must be made for a larger dumpster or for more frequent pickups.

 (h)  Customers requiring disposal of bulky rubbish or are required to purchase a bulky item ticket, fee located in the City Fee Schedule, from City Hall prior to pick up and affix the ticket to the item in order for it to be picked up. All deposits, fees, and regulations that are included in this ordinance are applicable.

(i)  Customers requiring disposal of garbage, including but not limited to commercial eating establishments may be required to apply for a dumpster at the discretion of the Director if the placement of the garbage for collection creates a public nuisance.

The system of services established by the provisions of this ordinance hereof is designed as an integral part of the City’s program of health and sanitation, to be operated as an adjunct to the City’s system for providing potable water and the City’s system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment to recover any sums due for such services plus a reasonable attorney’s fee to be fixed by the court, plus the costs of such action.

The service charge herein provided for is hereby imposed upon the occupant of each solid waste generating unit and the billing thereof shall be made to the person contracting for City water or for other water service or otherwise providing water service to each such dwelling unit. In the event the solid waste-generating unit is not serviced by City water, or in the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event billing therefore shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.

SECTION 11: PENALTIES

Any person violating any of the provisions of this Ordinance or any lawful rules or regulations promulgated pursuant thereto, shall, upon conviction, punished by a fine of not less than $5.00 no more than $500.00; provided that each day’s violation thereof shall be a separate offense for the purpose hereof.

SECTION 12: BONDS

All persons obtaining permits to collect and transport solid waste to processing or disposal facilities shall provide adequate performance bonds in an amount to be established by the Board of Aldermen of Rich Hill, Missouri.

SECTION 13: REPEALS

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

SECTION 14: SEVERABILITY CLAUSE

The provisions of this Ordinance are severable, and if any provisions or part thereof shall be held invalid or unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this Ordinance.

1^st Reading February 9, 2022

2^nd Reading February 9, 2022

This ordinance shall become effective upon the 9^th day of February, 2022.

___________________________                             Ayes: Humble, Bonham, Kassner

Jason Rich, Mayor                                                      Nays:  None

                                                                                    Absent: None

ATTEST:

___________________________

Casey Crews, City Clerk

AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2022 AND APPROPRIATING FUNDS THERETO FOR THE CITY OF RICH HILL, MISSOURI

WHEREAS, the Mayor has presented to the Board of Aldermen an annual budget for the fiscal year beginning on January 1, 2022, and required public hearings on the budget have been conducted at which all were given opportunity to be heard.

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

Section 1:  The annual budget for the City of Rich Hill, Missouri, for the fiscal year beginning January 1, 2022 and ending December 31, 2022, a copy of which is attached hereto and made a part hereof as is fully set forth herein, having been heretofore submitted by the City Clerk is hereby adopted. 

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

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

Read 1st time this 30^th day of             December 2021.

Read 2^nd time this 30^th day of              December 2021.

_________________________________                                                                

Jason Rich, Mayor                                   

Attest:

_________________________________

Casey Crews, City Clerk

Ayes: Humble, Bonham, Kassner

Nays: None

Absent: None

AN ORDINANCE PROVIDING FOR A GENERAL ELECTION IN THE CITY OF RICH HILL, MISSOURI, TO BE HELD ON APRIL 5, 2022, FOR THE PURPOSE OF ELECTING OFFICERS.

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

Section 1:  That there shall be and it is hereby ordered, a General Election, be held in the City of Rich Hill, Missouri, on Tuesday, April 5, 2022, as provided by law and the ordinances of this City, for the purpose of electing the following City officers: one north ward alderman for a two-year term and one south ward alderman for a two-year term.

Section 2:  That the place for voting for City residents shall be at the American Legion, 520 East Walnut Street, Rich Hill, Missouri.  The polls shall be open from 6:00 a.m. until 7:00 p.m.

Section 3:  The judges and clerks of said election shall be appointed by the County Clerk of Bates County and shall conduct the election in accordance to instructions received from the County Clerk of Bates County.

Section 4:  That the County Clerk of Bates County shall provide all necessary ballots, poll books, tally sheets, and other necessary supplies.

Section 5:  That the Chief of Police, at the direction of the County Clerk of Bates County, shall prepare the place for holding the General Election for the purpose of preserving order and to enforce the lawful commands as provided by law and the ordinances of this City.

Section 6:  That notice of said General Election as herein provided shall be given by the County Clerk of Bates County.

Section 7:  That notice of said election shall be published twice in a legal newspaper prior to first day of filing and shall be posted at five of the most public places in the City of Rich Hill, Missouri.  Such notice shall include the offices to be filled, that December 7, 2021, will be the first day to file a Declaration of Candidacy, that December 28, 2021, will be the last day that candidates may file a Declaration of Candidacy, and that all such filings must be submitted to the City Clerk at City Hall, 120 North 7^th Street, Rich Hill, Missouri, for their names to appear on the printed ballot.

Section 8:  Any ordinance or parts thereof in conflict herewith are hereby repealed.

Section 9:  This Ordinance shall be in full force and effect from and after its passage and approval.

READ two times and passed by the Board of Aldermen of the City of Rich Hill, Missouri, this 9^th day of November, 2021

____________________________________

Jason Rich, Mayor

ATTEST:

_______________________________________                              (seal)

Casey Crews, City Clerk

Ayes:

Nays:

AN ORDINANCE TO DEFINE MUNICIPAL ORDINANCE VIOLATIONS, WHICH INCLUDES WEEDS, NUISANCES AND OTHER DEBRIS; GENERAL REQUIREMENTS; ABATEMENT

____________________________________________________________________________________

WHEREAS, pursuant to §79.110, RSMo., the Mayor and Board of Aldermen of the City of Rich Hill, Missouri (“City”) “shall have the power to enact and ordain any and all ordinances not repugnant to the constitution and laws of the his state, and such as they shall deem expedient for the good government of the city, the preservation of peace and good order, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same;” and

WHEREAS, pursuant to §67.398, RSMo., the Mayor and Board of Aldermen of the City “may enact ordinances to provide for the abatement of a condition of any lot or land that has the presence of a nuisance including, but not limited to, debris of any kind, weed cuttings, cut, fallen, or hazardous trees and shrubs, overgrown vegetation and noxious weeds which are seven inches or more in height, rubbish and trash, lumber not piled or stacked twelve inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material or condition which is unhealthy or unsafe and declared to be a public nuisance;” and

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

ARTICLE I

MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

Section 1 – Definitions.

Section 2 – Penalty.

Section 3 – Prohibitions.

Section 4 – Investigation.

Section 5 – Entry on to private property.

Sections 6 through 10 reserved.

SECTION 1 – Definitions

Chief of Police:  Shall include his authorized representative in addition to the Chief of Police of the City of Rich Hill, Missouri

Mayor:  Shall include his authorized representative in addition to the Mayor of the City of Rich Hill, Missouri.

Nuisance:  The word “nuisance” is hereby defined, when not otherwise defined, as an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

(1)       Injures or endangers the comfort, repose, health or safety of others; or

(2)       Offends decency; or

(3)       Is offensive to the senses; or

(4)       Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

(5)       In any way renders other persons insecure in life or the use of property; or

(6)       Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; or

(7)       Any property which is in violation of this Ordinance.

Illustrative examples include, but are not limited to, the following:

a.         Any abandoned property, part thereof or junk located on any property, street or highway that represents a public safety hazard or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or meeting place for mosquitoes, flies, rodents, rats or other vermin; any inoperable or unlicensed vehicle; or any abandoned property, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours.

b.         Any growth of weeds, grass, ragweed or poisonous vegetation or accumulation of dead weeds, grass or brush to a greater height than seven inches; any accumulation of dead weeds, grass, brush or debris that has been on the property for more than 14 days; any weeds or debris in ditches abutting private property.  The mowing and removal of weeds and debris in ditches shall be the responsibility of the owner and/or tenant whose property abuts such ditch.

e.         Any slaughterhouse, stockyard or stable, cattle yard, hog, sheep, cow or dog pen that is offensive, injurious, obnoxious, unsafe or annoying to the public.

f.          Any pond or pool of stagnant water or any foul or dirty water, or liquid discharged through any drain pipe or spout or thrown into or upon the street, alley, thoroughfare or lot that is injurious, dangerous, offensive, unhealthy or unsafe to the public.

g.         Any obstruction caused or permitted on any street, sidewalk, public or private alley that is injurious, dangerous, offensive, unsafe or unhealthy to the public.

h.         Any stone, dirt, filth, slops, vegetable matter, animal matter or other articles thrown or placed in or upon any street, alley, sidewalk or other public place that is injurious, dangerous, obnoxious, unsafe or offensive to the public.

i.          The placing or storage of any green or salted hides, which cause an odor, that is injurious, dangerous, obnoxious, offensive, unhealthy or unsafe to the public.

j.          Any animal or vegetable matter or other substance liable to become putrid, offensive or unhealthy that is injurious, dangerous, unhealthy, unsafe or offensive to the public.

k.         Any cellar, vault, private drain, pool, privy, sewer, cistern, well, sink or container that may be sufficiently tightly closed to cause suffocation or is not covered or protected so as to prevent humans and animals from falling into the same that is injurious, dangerous, unsafe or offensive to the public health.

l.          Any tenement, boardinghouse or lodging house in the City leased, let, rented or occupied by any person for dwelling that is not sufficiently lighted, ventilated, heated or provided with water, or kept in a clean and sanitary condition that is dangerous, injurious, obnoxious, offensive or unsafe to the public.

m.        Any house, building or tank within the City used for the special or exclusive storage of powders or dynamite, with a glycerin, coal oil or other explosive substance, detrimental to the public health, or endangering human life; or any house, building or store, wherein small quantities of such explosives are kept, exposed or insecure, or kept in any manner so as to endanger the public.

n.         Any radio, television set or musical instrument or device operated in such manner or at such hours that are injurious, inconvenient, obnoxious, offensive or annoying to the public or persons living or doing business nearby.

o.         The maintaining, using, placing, depositing, leaving or permitting to be or remaining on any public or private property of furniture, bedding, refrigerators, freezers, heating stoves, kitchen ranges, laundry and dish washing equipment, air conditioning units, or any other appliances, articles or equipment designed for use inside a dwelling unit, if stored, placed or set upon the ground on any open porch, in any attached carport, in any free standing carport, or in any garage or shed that is without doors to conceal such articles.

p.         Growth of trees, shrubs, brush or foliage that appears to be dead, diseased or insect infested, damaged, decayed or dangerous or likely to fall onto, into, around, upon or above public property when the main source of growth is from or upon the owner’s property that is unsecured, exposed or kept in any manner so as to endanger the public.

q.         Any tree located on private property with branches that extend over a street or sidewalk and whose branches are not pruned to a height of at least 16 feet above the street and 10 feet above a sidewalk.

r.          Wooded areas will not be allowed inside the city limits except for the existing properties as of (date the original ordinance was adopted).  The existing properties are required to clear all growth of trees, shrubs, brush, foliage, weeds, grass, poisonous vegetation, ragweed or other rank vegetation to a height no greater than 7 inches at least 25 feet from any alley, street, roadway or sidewalk.

s.         Trash, debris or junk shall not exceed the top level of the dumpster or trash container and its contents shall not be visible to the public. 

Owner:  Includes each owner in the case of joint tenancy, tenancy by entireties or tenancy in common

Vegetation:  See definition for weeds

Vehicle:  Includes the following, without limitation, and regardless of whether or not such device is operable or inoperable: 

a.         A self-propelled device designed for use upon a highway, including trailers designed for use with such vehicles including, but not limited to:

            (1)       Mopeds – See definition for motorized bicycle.

(2)       Motor scooter – Any 2-wheeled, 3-wheeled or 4-wheeled device operated while standing and having an automatic transmission; a motor with a cylinder capacity of less than 50 cubic centimeters; produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed that does not exceed more than 30 miles per hour on level ground.

(3)       Motorcycle – A motorized device operated on two or three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel.

(4)       Motorized bicycle – Any  2-wheeled or 3-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters;  produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.  This includes a device commonly known as a moped.

b.           Any device propelled by internal combustion engines that are used or designed for use in transporting persons or property, including any engine, transmission or rear axle regardless of whether attached to a chassis;

c.           Farm equipment, farm tractors, traction engines, tractor cranes, power shovels, implements of husbandry, well drillers; road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such devices that are within these general terms;

d.         Every device propelled by electric power whether or not the electric power is obtained from overhead wires but not operated upon rails;

e.         Every device by which a person or property is or may be transported upon a highway;

f.          Devices moved by human power or used exclusively upon stationary rails or tracks;

g.         Devices drawn by horses and other animals;

h.         Any device designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland or other natural terrain without benefit of a road or trail, including, but not limited to, the following:

            (1)       Jeeps;

(2)       All-terrain vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use that is 50 inches or less in width, with an unladen dry weight of 600 pounds or less, traveling on 3, 4 or more low pressure tires, a seat designed to be straddled by the operator and handlebars for steering control;

(3)       Low speed vehicles – Any motorized vehicle having exactly four wheels and having an attainable speed within one mile of at least 25 per hour but not more than 25 miles per hour on a paved level surface, and having an unladen dry weight less than or equal to 3,000 thousand pounds;

(4)       Recreational off-highway vehicles – Any motorized vehicle manufactured and used exclusively for off-highway use which is more than 50 inches but no more than 67 inches in width, with an unladen dry weight of two 2,000 or less, traveling on four or more non-highway tires and which may have access to ATV trails

            (5)       Dune buggies;

            (6)       Multi-wheel drive or low-pressure tire vehicles;

(7)       Devices using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

(8)       Trail bikes, minibikes and related vehicles;

(9)       Utility vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use which is 63 inches or less in width, with an unladen dry weight of 1,850 pounds or less, traveling on 4 or 6 wheels, to be used primarily for landscaping, lawn care or maintenance.

(10)     Any other means of transportation deriving power from any source, including muscle or wind;

i.          Boat, vessel or watercraft:  Any device used or being capable of being used as a means of transport on water and that is moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, canoes, fishing boats, houseboats, barges and similar floating objects, including any machinery used as the principal source of propulsion for a boat or craft;

j.          Aircraft, including gliders, hot air balloons – Any device now known, or hereafter invented, used or designed for navigation of, or flight in, the air.

Weeds and nuisance vegetation :  Any condition on any lot or land that has the presence of debris of any kind is hereby declared a public nuisance, subject to abatement.

a.         Weed cuttings; cut and fallen trees and shrubs; overgrown vegetation and noxious weeds that are 7 inches or more high.

b.         All vegetation, regardless of height, including thickets, which may conceal or invite deposits of filth or refuse; harbors

c.         Exceptions:  This definition shall not apply to:

(1)       Vegetation cultivated for agricultural purposes such as production of grain, forage or commercial products; or

(2)       Undeveloped tracts of land zoned other than for agricultural uses if the tract is a contiguous tract or lots owned by one owner that exceeds two acres (87,120 square feet), provided that all areas within 5 feet from the edge of pavement of a public roadway, or within 5 feet of the property lines adjacent to any property being used for residential or commercial purposes shall be maintained free from weeds or plant growth in excess of 7 inches.

(3)       Persons shall cut or bale hay prior to the first day of July each year. If unable to cut or bale hay by the first day of July, the parties shall request and must receive approval for an extension of time from the Board of Aldermen.

(4)       All property owned by the City subject to a lease or contract, executed prior to the enactment of this Ordinance, that includes terms and conditions that govern growth and maintenance of weeds and vegetation such that the terms conflict with this Ordinance.

Debris and junk: Includes, but is not limited to, rubbish and trash; lumber not piled or stacked 12 inches off the ground; rocks or bricks; tin, steel, or other scrap metal; any inoperable or unlicensed vehicle, parts of derelict cars or trucks , broken furniture, appliances, and other household items; and/or any flammable material.  Debris also includes any other material found on any lot or land that is unhealthy or unsafe.

SECTION 2 – Prohibitions

No person shall permit, cause, keep, maintain, suffer, or do any nuisance or contribute to the same as defined above in Section 1 or in any other section of the City Code, or cause or permit to be caused, kept, maintained or done, or contribute to the committing, causing, keeping, suffering, or maintaining of any such nuisance within the City

SECTION 3 – Penalty

The provisions contained herein under this Ordinance shall not be exclusive, and the City may pursue any additional remedies it may have as provided by law.

Any person responsible for a property on which a nuisance is alleged to exist that is found guilty of violating Section 3 upon conviction within a 12-month period beginning with the first violation shall be assessed a fine as listed in the City Fee Schedule.

Violations of this Code are continuous with respect to time, and each day the violation continues may be charged as a separate offense.

SECTION 4 – Investigation

It shall be the duty of the Mayor and/or the Chief of Police to investigate reports that a nuisance may exist and to carry out the procedures provided herein in the following provisions for abatement of nuisances that are found to exist.

SECTION 5 – Entry onto private property

a.         The Mayor and/or Chief of Police may enter upon private property for inspection, investigation or for the purpose of abating any nuisance in accordance with the provisions of this Ordinance. 

b.         Whenever the Mayor and/or the Chief of Police has reasonable cause to believe that there exists upon any premises any condition that makes the premises unsafe, dangerous or hazardous, the Mayor and/or the Chief of Police may enter the premises at all reasonable times to inspect the same or to perform any duty imposed; however, if the  premises is occupied, he shall first present proper credentials and request entry;  if the premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.  If entry is refused, the Mayor and/or the Chief of Police shall obtain an administrative search warrant as well as any recourse to every remedy provided by law to secure entry.

ARTICLE II

ABATEMENT OF MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

Section 11 – Definitions

Section 12 – Abatement Enforcement and Notice.

Section 13 – Service of Notice.

Section 14 – Compliance with notice.

Section 15 – Emergency powers.

Section 16 – Use of independent contractors.

Section 17 – Cost of City abatement and rights to collect.

Section 18 – Determination hearing and appeal

SECTION 11 – Definitions.

The definitions contained in Article I, Section 1 of this Ordinance shall be incorporated into this Article II by reference as though fully set forth herein.

SECTION 12 – Abatement Enforcement and Notice.

a.         Enforcement shall be the responsibility of the Mayor, his authorized representatives and/or the Chief of Police, and enforcement shall commence by providing a written notice of the nuisance existing on the property to the:

(1)       owner;

(2)       person in custody of the property;

(3)       person creating or maintaining the nuisance

(4)       owner non-occupant of the property of the nuisance condition existing on the property.

b.         The notice shall state specifically:

(1)       What act or thing is deemed to constitute a nuisance pursuant to the provisions set forth in Article I, Section 1 of this ordinance;

(2)       The location of the property (using the mailing or popular address rather than a legal description when reasonably possible to do so);

(3)       Advise the owner, the person in custody of the property, the person creating or maintaining the nuisance and the owner non-occupant to abate the nuisance within a reasonable period of time, not less than ten (10) days from the receipt of the notice.

(4)       The notice shall identify what action will remedy the nuisance.

(5)       That if the person receiving such notice disagrees with the determination that a nuisance exists, such person may request a determination hearing to be conducted by the Mayor and/or Chief of Police at the Rich Hill City Hall within ten (10) days of receipt of said notice.  The appropriate information needed to request such a hearing shall be included in the notice.

(6)       That failure to abate the nuisance within ten (10) days of receipt may result in abatement of the nuisance by the City, the costs of which shall be assessed as a lien upon the property on which the nuisance exists and shall be deemed a personal debt of the person receiving the notice to the City.

SECTION 13 – Service of notice.

a.         The notice shall be served to both the occupant of the property at the property address and the owner of the property at his or her last known address by personal service or in the alternative by certified mail and ordinary mail and/or by posting upon the property, except posting on vacant property or mailing to an address of vacant property shall not be sufficient notice of the nuisance condition to the property owner. When notice is sent by ordinary mail for which a receipt is received from the post office, there is a rebuttable presumption that the letter was delivered five (5) days after the date it was sent. 

b.         The Mayor and/or the Chief of Police is authorized, but not required, to post notice of the existence of a nuisance and/or notice to abate a nuisance in a conspicuous place on the nuisance itself or on the property upon which the nuisance is located.

Removal, destruction or defacing any such posted notice is deemed to be destruction of City property for which violators shall be prosecuted.

c.         If personal service, service by certified mail and service by ordinary mail does not or cannot occur, the notice shall be published in a daily newspaper of general circulation that is published in Bates County, Missouri or an adjacent county for at least one week; or if there is no daily newspaper of general circulation published in Bates, County, Missouri or an adjacent county, once in a newspaper of general circulation.  If such notice is published, no further action shall be taken until at least ten (10) days from the date of the final publication and all deadlines for abatement and hearing requests shall be altered accordingly.

SECTION 14 – Compliance and/or non-compliance with notice.

a.         Any person receiving a notice as provided in Section 12 for the abatement of a nuisance shall immediately comply with the provisions of the notice requiring abatement.

b.         Upon failure of the owner to remove or abate the described nuisance within ten (10) days, the Mayor and/or the Chief of Police shall cause the condition to be removed or abated.

c.         In case the weeds, trash, unlicensed or inoperable vehicles or any other nuisances are not removed within ten days after receipt of a notice alleging the existence of a nuisance, the Mayor and/or the Chief of Police shall have the weeds, trash, unlicensed or inoperable vehicles or any other nuisances removed and shall certify the costs of the same to the City Clerk who shall cause a special tax bill against the property to be prepared and be collected by the tax collector with other taxes assessed against the property, all in accordance with this Ordinance and §71.285.1 RSMo.

e.         When abating the weeds, trash, unlicensed or inoperable vehicles or any other nuisances, the Mayor and/or the Chief of Police shall have the right to enter on to the property. If such entry is refused by the owner, occupant or other person with lawful possession of the premises in question, the City may request an administrative search warrant pursuant to Article I, Section 4 of this Ordinance if such administrative search warrant is deemed necessary to enter onto the property and abate the weeds, trash, inoperable or unlicensed vehicles or any other nuisances pursuant to the order.

SECTION 15 – Emergency powers.

Where it reasonably appears there is an immediate danger to the health, safety or welfare of any person due to the existence of a nuisance, the Mayor and/or the Chief of Police shall take such emergency measures as he may reasonably determine is necessary to abate the nuisance or to render it temporarily safe.   Notice as provided in Sections 13 and 14 shall still be required.

SECTION 16 – Use of independent contractors.

The City shall be authorized to contract with one or more independent contractors who will perform the duties imposed herein for the abatement of nuisances, specifically including the cutting of weeds; removal of debris, dead weeds, accumulation of vegetation, brush, removal of inoperable or unlicensed vehicles, any other nuisances and other matters as set forth in Article I of this Ordinance; provided, however, that the City shall not be relieved of its duty to provide such notices as required in this Ordinance. The City shall contract with independent contractors with the best bid after advertising for and receiving bids. When the City enters into a contract, the City shall not be liable for the acts of the independent contractor or its agents.

SECTION 17 – Cost of City abatement and rights to collect.

a.         The following charges for abatement include, but are not limited to, the following:

(1)       The Mayor and/or the Chief of Police shall give an accurate account of the costs of the cutting and/or removal together with an administrative charge as listed in the City Fee Schedule.  If the full amount due the City is not paid within twenty (20) days thereafter, the Mayor and/or the Chief of Police shall certify the cost, administrative costs and an additional administrative cost listed in the City Fee Schedule by reason of the necessity of the certification of the assessment, as a special tax bill against the property to be collected as other realty taxes;

(2)       Abatement cost if done by independent contractor(s) shall be charged at the rate of the contractor who performs the abatement;

b.         If the Mayor and/or the Chief of Police cause the condition described in the notice to be removed or abated, the cost of the removal or abatement, along with the proof of notice to the owner of the property shall be certified to the City Clerk.

c.         The City Clerk shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official’s option, and shall be collected in the same manner and procedure as for collecting real estate taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid.  As a personal debt, in the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable jointly and severally.  A tax bill is delinquent if costs are not paid by December 31 of the year assessed.

d.           The special tax bill from the date of its issuance, as well as the abatement fee, if any, shall be a first lien upon the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error of informality in the same or in the proceedings leading up to the issuance shall be a defense.

e.           The City may discharge all or any portion of the unrecovered abatement costs added to the tax bill upon a determination by the City that a public benefit will be gained by such discharge AND the discharge shall include any costs of tax collection, accrued interest or attorney fees related to the tax bill.

SECTION 18 – Determination hearing and appeal.

1. Hearing Request.  If a property owner or occupant subject to a notice to abate a nuisance under Section 12 disagrees with the determination that a nuisance exists upon the property or the land, such person may file in writing with the city clerk a request for a determination hearing within ten (10) days of receipt of the notice.  Such request shall include the name and preferred contact information of the person filing the request, a brief statement of facts, an explanation as to why the nuisance determination is incorrect, and any other information or documentation that the person filing the request believes would support his or her position.

• Upon receipt of a hearing request under this Section 18, the city clerk shall set a hearing within five (5) business days.  The city clerk shall confer with the person filing the request and city staff and make reasonable efforts to accommodate the schedules of the persons necessary to conduct the hearing.

• The Chief of Police or the Mayor shall preside over the hearing as the Hearing Officer, and shall consider all probative and relevant evidence as to whether or not the conditions alleged in the notice exist and if the conditions constitute a nuisance.  Evidence heard by the Hearing Officer shall consist of exhibits submitted on the record and the testimony of the parties and witnesses appearing on behalf of the parties.  No formal rules or procedure shall be required, but all testimony shall be heard under oath.

• The Hearing Officer may continue the hearing for good cause.

• Upon conclusion of the hearing, the Hearing Officer shall, within a reasonable time, issue a decision, including findings of fact and conclusions of law, which shall: 1) uphold the determination contained within the notice to abate, 2) modify the determination contained within the notice to abate, or 3) dismiss the notice to abate.  The decision shall also include an order either directing the parties to abate the nuisance in accordance with the decision or dismissing the notice to abate.

• Failure of a person subject to a decision of the Hearing Officer to comply with the terms of an order contained within the decision shall be subject to the abatement proceedings and collection methods contained in Sections 14 & 17 of this Article II.

• The City shall not take actions to abate a nuisance subject to a pending determination hearing, and shall only take action to abate nuisances subject to a determination hearing in a manner consistent with the final decision and accompanying orders of the Hearing Officer.

• Failure of the person requesting the hearing to appear at the hearing shall result in a default decision in favor of the City’s initial determination contained within the notice to abate.

1. Any owner, occupant, or party aggrieved by a decision of the Hearing Officer may, within thirty (30) days from the receipt of the decision and order of the City Administrator appeal such decision to the Circuit Court of the County where the lot or land is located, pursuant to the procedure established in Chapter 536, RSMo.

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

This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]

1^ST READING 13^TH DAY OF OCTOBER 2021

2^ND READING 13^TH DAY OF OCTOBER 2021

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF OCTOBER 2021.

______________________________                                   

Jason Rich, Mayor

ATTEST:                                                                    Ayes:                                                  

______________________________                        Nays:              

Casey Crews, City Clerk

---

[i] This ordinance reinstates provisions permitting violations to be heard in Municipal Court. 

For information purposes, this ordinance replaces the following:  Ordinance 1655, enacted August 22, 2017 (changed City Superintendent to Mayor and moved fess into City Fee Schedule Resolution), Ordinance 1627, enacted January 10, 2017 (eliminated provisions permitting violations to be heard in Municipal Court and was separated from prior Ordinance 1415); Ordinance No. 1415, enacted August 12, 2014; Ordinance No. 1401, enacted July 9, 2013; Ordinance No. 1367, enacted August 9, 2011; Ordinance No.  1355, enacted October 26, 2010; Ordinance No. 1339, enacted July 28, 2009; Ordinance No. 1138, enacted July 8, 2008; Ordinance No.  1317, enacted June 24, 2008; Ordinance No. 1220, enacted November 9, 2004; Ordinance No.1194, enacted November 12, 2003; Ordinance No. 0934, enacted November 13, 1984; Ordinance No. 0887, enacted February 12, 1980; Ordinance No. 0721 (date of enactment unknown); Revised Ordinance No. 0521, Chapter 16. enacted on August 14, 1923.

AN ORDINANCE TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1:   The proper operation of government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office shall not be used for personal gain; and that the public have confidence in the integrity of its government.  In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.

SECTION 2:  

a. All elected and appointed officials as well as employees of a political subdivision, serving in an executive or administrative capacity, must comply with Section 105.454 RSMo on conflicts of interest as well as any other state law governing official conduct.

b. Any member of a governing body of a political subdivision who has a “substantial or private interest” in any measure, bill, order, or ordinance proposed or pending before such governing body must, before he passes on the measure, bill, order, or ordinance, disclose in writing that interest to the clerk of such body and such disclosure shall be recorded in the appropriate journal of the governing body.  Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of: (1) 10% or more of any business entity; or (2) an interest having a value of $10,000.00 or more; or (3) the receipt of a salary, gratuity or other compensation or re-numeration of $5,000.00 or more, per year, from any individual, partnership, organization or association within any calendar year.

SECTION 3:   Each elected official, the chief administrative officer, the chief purchasing officer, and the full time general counsel shall disclose, in writing, the following information by May 1, with deadline procedures set forth below in SECTION 4, if any such transactions occurred during the previous calendar year:

a.  For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of $500.00, if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.

b.  The date and the identities of the parties to each transaction known to the person with a total value in excess of $500.00, if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other transfers for no consideration to the political subdivision.

c.   The chief administrative officer and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information:

1.  The name and address of each of the employers of such person from whom income of $1,000.00 or more was received during the year covered by the statement;

2.  The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned 10% or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned 2% or more of any class of outstanding stock, limited partnership units, or other equity interests;

3.  The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

SECTION 4: 

a. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year.

1. Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided, that any member of the city council may supplement the financial interest statement to report additional interest acquired after December 31 of the covered year until the date of filing of the financial interest statement;

2. Each person appointed to office shall file the statement within 30 days of such appointment or employment

3. For purposes of timely filing, the deadline for filing any statement required by this ordinance shall be 5:00 P.M. of the last day designated for filing the statement.  When the last day of filing, falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 P.M. on the next day which is not a Saturday or Sunday or official holiday.  Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later than midnight of the day previous to the last day designated for filing the statement.

b.     Financial interest statements giving the financial information required in SECTION 3 shall be filed with the City Clerk of Rich Hill, Missouri, and with the Secretary of State prior to January 1^st.  After January 1^st, reports shall be filed with the City Clerk of Rich Hill, Missouri, and the Missouri Ethics Commission.  The reports shall be available for public inspection and copying during normal business hours.

SECTION 5:   All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed, provided however, that this ordinance shall not affect any acts or the prosecution of any acts which may have occurred prior to the date of this ordinance.

SECTION 6:   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 7:   This ordinance shall be in full force and effect from and after its passage and approval as provided by law.

1^ST READING 8^TH DAY OF SEPTEMBER 2021

2^ND READING 8^TH DAY OF SEPTEMBER 2021

PASSED THIS 8^TH DAY OF SEPTEMBER 2021

__________________________________

Jason Rich, Mayor

ATTEST:                                                        Ayes:

                                                                        Nays:

___________________________

Casey Crews, City Clerk                   

CERTIFICATION BY THE CLERK

STATE OF MISSOURI    )

) AS

COUNTY OF BATES     )

I, Casey Crews, City Clerk of the CITY OF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for is a true and correct copy of the Ordinance No. duly adopted by the Board of Alderman of the CITY OF RICH HILL, Missouri at their regular meeting on the 8^TH day OF SEPTEMBER 2021.

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

___________________________________________________

An ordinance pertaining to public health, safety, and welfare; regulating storage, collection, transportation, processing, and disposal of solid waste and yard waste; providing for collection and disposal of solid waste and yard waste; providing a penalty for violation of the provisions of this ordinance; and repealing all ordinances in conflict.

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

SECTION 1: DEFINITIONS

For the purpose of this ordinance the following terms shall be deemed to have the meaning indicated below:

APPROVED INCINERATOR: any incinerator, which complies with all current regulations of the responsible local and state air pollution control agencies.

BULKY RUBBISH: non – putrescible solid wastes consisting of combustible and /or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefore any item that exceeds 40 pounds in weight and/or is larger than four feet by five feet.

CITY: the City of Rich Hill, Missouri.

COLLECTION: removal of solid waste from its place of storage to the transportation vehicle.

COMMERCIAL USER: any person, firm, partnership, or corporation occupying any building or structure which is within the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

CONTRACTOR: solid waste collection company operating under contract with the City

DEMOLITION AND CONSTRUCTION WASTE: waste materials from the construction or destruction of residential or commercial structures.

DIRECTOR: the Director of the solid waste management program of the City of Rich Hill shall be the Mayor, or his authorized representative.

DISPOSABLE SOLID WASTE CONTAINER: disposable plastic sacks or bags with a capacity not greater than 35 gallons which is specifically designed for storage of solid waste.

DWELLING UNIT: any room or group of rooms located within a structure, and forming a single habitable unit with facilities, which are used, or are intended to be used, for living, sleeping, cooking and eating.

GARBAGE: putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food.

HAZARDOUS WASTES: including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

MEDICAL PATHOLOGICAL WASTE: including, but not limited to, needles, syringes, sharp objects, or other materials that have made contact with blood or bodily fluids.

MULTIPLE HOUSING FACILITY: a housing facility containing more then one dwelling unit under one roof.

OCCUPANT: any person who, along or jointly or severally with others, shall be in actual possession of any dwelling unit of any other improved real property, either as owner or as a tenant.

OUTSIDE COMMERCIAL USER: any person, firm, partnership, or corporation occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

OUTSIDE RESIDENTAL USER: any person occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use is as a place of abode for any person or persons.

PERSON: any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.

PROCESSING: incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

REFUSE: solid waste.

RESIDENTIAL USER: any person occupying any building or structure, which is within the corporate limits of the City of Rich Hill, Missouri the principle use, is as a place of abode for any person or persons.

SOLID WASTE: unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special waste, industrial wastes, and demolition and construction wastes.

(a) Commercial solid waste–solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishments, and multiple housing facilities with more than one (1) dwelling units.

(b) Residential solid waste– solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than one (1) dwelling units.

SOLID WASTE CONTAINER: receptacle used by any person to store solid waste during the interval between solid waste collections.

SOLID WASTE DISPOSAL: the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.

SOLID WASTE MANAGEMENT: the entire solid waste systems of storage, collection, transportation, processing and disposal.

STORAGE: keeping, maintaining or storing solid waste from time of its production until the time of its collection.

TRANSPORATION: the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

YARD WASTE: brush, leaves, grass clippings, flowers, dirt, and rock

SECTION 2: SOLID WASTE STORAGE

SECTION 2.1: The occupant of every dwelling unit and of every institutional, commercial or business, industrial, or agricultural establishment producing solid waste within the corporate city limits of the City, shall provide, or shall be provided by the Contractor at the request of the City, , sufficient and adequate containers for the storage of all solid waste to serve each such dwelling unit and/or establishment, and to maintain such solid waste containers at all times in good repair.

SECTION 2.2: The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment within the corporate limits of the City shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat sanitary condition at all times.

SECTION 2.3: Residential solid waste shall be stored in containers that meet the following specifications:

• No less than  90 gallons in normal capacity.
• Containers shall be leak proof, waterproof, and fitted with a fly tight lid.
• Shall be properly covered at all times except when depositing waste therein or removing the contents thereof.
• Shall have handles, basils or other suitable lifting devices or features.
• Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying.
• They shall be of lightweight and sturdy construction. The weight of any individual container and contents shall not exceed 75 pounds.
• Galvanized metal containers, or rubber, fiberglass, or plastic containers, which do not become brittle in cold weather, may be used.
• Disposal solid waste containers with suitable frames and containers as approved by the Director may also be used for storage of residential solid waste.
• Any container that will allow bagged solid waste to be easily removed (loose solid waste will not be picked up).

SECTION 2.4: Solid waste containers with the following specifications will NOT be allowed for use:

• Metal, 55 gallon barrels
• Paper sacks or cardboard
• Wheelbarrows or carts
• Any container that can not be dumped into the truck by one man or not meeting the definitions in Section 2.3

SECTION 2.5: Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section 7.

SECTION 3: COLLECTION OF SOLID WASTE

SECTION 3.1: Except for services in connection with the collection and disposal of Demolition and Construction Waste as provided in Section 6 of this Ordinance, no person shall engage in the business of collecting, transporting, processing or disposing of any other type of solid waste within the corporate limits of the City.  Residents and any business, firm, partnership or corporation occupying or using any building or structure which is in the corporate limits of the City shall receive refuse pickup and disposal service or collection for solid waste other than Demolition and Construction Waste exclusively from the City as per rules and regulations of the Ordinance. The City may also provide services for the collection and removal of Demolition and Construction Waste, or the removal of such waste can be provided, at the customer’s expense, by a customer contracting with a third party who holds a Demolition and Construction Waste Permit issued in accordance with Section 6 of this Ordinance.   The City may also provide the collection services by the City contracting with a person, county, or other city or combination thereof, for the entire City or portions thereof, as deemed to be in the best interest of the City.

SECTION 3.2: All solid wastes from premises to which collection services are provided by the City or the Contractor, shall be collected, except bulky rubbish as defined herein; provided, however, bulky rubbish collections shall be subject to additional charges as hereinafter established in this ordinance.  All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

SECTION 3.4: Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste there from as required by this ordinance. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval of the Director.

• All solid waste being set out for collection must be placed at the edge of the property, along the road, unless otherwise directed by the truck operator.  Solid waste containers and disposable solid waste containers not properly placed will not be picked up.

SECTION 3.5:The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected (at least once) weekly. At least seventy-two (72) hours shall intervene between collections. All commercial solid waste shall be collected (at least once) weekly, except otherwise permitted by the Director, and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the prevention of the health and /or safety of the public.

SECTION 3.6: Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage sight shall be well drained, free from loose debris and maintained; fully accessible to collection equipment, public health personnel and fire personnel.

SECTION 3.7: Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Sections 2.3, 2.4, 2.5, and 2.6 of this ordinance. Any spillage of blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.

SECTION 3.8: It shall be the responsibility of the collector to inform the director of any known or suspected hazardous or toxic wastes prior to the collections of such wastes.

SECTION 4: TRANSPORTATION OF SOLID WASTE

SECTION 4.1: All transportation vehicles shall be maintained in a safe clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste there from. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall have a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle which shall be secured whenever the vehicle is transporting solid waste, or as an alternate, the entire body thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.

SECTION 4.2: Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right of ways.

SECTION 4.3: Transportation and disposal of demolition and construction wastes shall be in accordance with applicable Section 5 and 6.

SECTION 5: DISPOSAL OF SOLID WASTE

SECTION 5.1: Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health and the Department of Natural Resources.

SECTION 5.2: The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.

SECTION 5.3: Medical pathological waste shall be disposed of in accordance with Missouri State Department of Health regulations in approved containers.

SECTION 6: DEMOLITION AND CONSTRUCTION WASTE PERMITS; INSPECTIONS

SECTION 6.1: A person may engage in the business of collecting, transporting, processing, or disposing of Demolition and Construction Wastes within the corporate limits of the City only if that Person first obtains a Demolition and Construction Waste Permit from the City in accordance with this Section.   If a Demolition and Construction Waste Permit is obtained, no further permit shall be required from employees of the holder of any such permit.

SECTION 6.2: No such Demolition and Construction Waste Permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the Director evidence of a satisfactory public liability insurance policy with the City of Rich Hill listed as a certificate holder, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount as listed in the City Fee Schedule. Should any such policy be canceled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

SECTION 6.3: Each applicant for any such Demolition and Construction Waste Permit shall state in his application therefore; (a) the nature of the Demolition and Construction Waste  Permit desired, as to collect, transport, process, or dispose of Demolition and Construction Waste or any combination thereof; (b) the characteristics of the Demolition and Construction Waste to be collected, transported, processed, or disposed; c) the number of Demolition and Construction Waste transportation vehicles to be operated there under; (d) the precise location or locations of Demolition and Construction Waste processing or disposal facilities to be used and a copy of the state landfill  permit; (e) boundaries of the collection area; and (f) such other information as required by the Director.

SECTION 6.4: If the application shows that the applicant will collect, transport, process or dispose of Demolition and Construction Waste without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this ordinance, the Director shall issue the Demolition and Construction Waste Permit authorized by this ordinance. The Demolition and Construction Waste Permit shall be issued from January 1 to December 31 and each applicant shall pay therefore a fee as listed in the City Fee Schedule. If in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this ordinance, the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

SECTION 6.5: If the applicant does not make the modifications pursuant to the notice in 6.4 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of Demolition and Construction Waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the re-application comply with the provisions of this ordinance.

SECTION 6.6: The annual Demolition and Construction Waste Permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified and with the presentation of a current copy of the state landfill permit. If the modifications have been made, the applicant shall reapply for a Demolition and Construction Waste Permit as set forth in Sections 6.2 and 6.3. No Demolition and Construction Permit authorized by this ordinance shall be transferable from person to person.

SECTION 6.7: In order to insure compliance with the laws of this State, this ordinance and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management (including, but not limited, to both Demolition and Construction Waste and all other forms of solid waste) within the City of Rich Hill, Missouri.  No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this ordinance, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

SECTION 6.8: In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the Demolition and Construction Waste Permit or Demolition and Construction Waste Permits involved in the violation, however, in those cases where an extension of time will Demolition and Construction Waste Permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.

SECTION 6.9: Any person who feels aggrieved by any notice of violation, or order issued pursuant thereto of the Director may within ten (10) days of the act for which redress is sought appeal directly to the Board of Aldermen of Rich Hill, Missouri, in writing, setting forth in a concise statement the act of being appealed and the grounds for its reversal.

SECTION 6.10: All motor vehicles operating under any Demolition and Construction Waste Permit required by this ordinance shall display legible company name on each vehicle operating within the City limits of Rich Hill.  Each Demolition and Construction Waste Permit for processing or disposal facilities shall be prominently displayed at the facility.

SECTION 7: YARD WASTE

The City shall operate a yard waste disposal site and may provide for the collection and disposal of residential yard waste, as determined and approved by the Board of Aldermen. 

SECTION 8: RULES AND REGULATIONS

The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:

(a) Preparation, drainage and wrapping of garbage deposited in solid waste containers.

(b) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.

(c) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.

(d) Weight limitations on the combined weight of solid waste containers and the contents thereof, and the weight of solid waste bundles and their size limitations on bundles of solid waste too large for solid waste containers.

(e) Storage of solid waste in solid waste containers.

(f) Sanitation, maintenance, and replacement of solid waste containers.

(g) Schedule of and routes for collection and transportation of solid waste.

(h) Collection points of solid waste containers.

(i) Collection, transportation, processing, and disposal of solid waste.

(j) Processing facilities and fees for the use thereof.

(k) Disposal facilities and fee for the use thereof.

(l) Records of quantity and type of wastes received at processing and / or disposal facilities.

(m) Handling of special wastes such as toxic hazardous wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.

The City Clerk or such other City official, who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and / or disposal service charges, as hereinafter provided for. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.

SECTION 9:  PROHIBITED PRACTICES

It shall be unlawful for any person to:

• Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of the container and / or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal,
• Interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, or those of a solid waste collection agency operating under contract with the City;
• Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
• Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
• Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.
• Prohibited Solid Waste will include, but is not limited to:
• Yard Waste (grass clippings, brush, flowers, etc.)
• Tires
• Concrete and rock
• Waste oil
• Appliances
• Batteries
• Unmarked metal or plastic containers (5-gallon buckets, 1-gallon cans, bottles, etc.)
• Gasoline Cans or gasoline tanks
• Any items that are not allowed in the solid waste processing facility.

SECTION 10: SERVICE CHARGES/ DEPOSITS

There is hereby imposed, for the collection and disposal of solid waste, and for the improvement of the general public health and environment, a service charge for each dwelling unit and each commercial establishment. 

• Residential Users – All residential users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(b) Outside Residential Users – All outside residential users shall pay a deposit of 2 months billing before service can begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri.  The charge shall be billed by the City of Rich Hill and paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(c) Commercial Users – All commercial users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(d) Outside Commercial Users – All outside commercial users shall pay a deposit of two months billing before services will begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri.  The charge shall be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.

(e) If a residential or commercial user that gets one pickup per week requires the truck to run the hopper more than once there will be an additional charge, which can be found in the City Fee Schedule.

 (g) Dumpsters – Upon making application at City Hall and paying a deposit of the monthly rate equal to the number of pickups per week and the size of dumpster, a commercial customer may acquire the use of a dumpster.  At such time the user requests removal of the dumpster, any balance due upon dumpster charges will be deducted from the deposit and the remainder of the deposit, if any, will be refunded to the customer.  All commercial users of a dumpster for refuse pickup and disposal shall pay a monthly charge to the City of Rich Hill, Missouri as shown in the City Fee Schedule.

Dumpsters will be provided to commercial users so long as the Contractor has a dumpster available.

All dumpsters will be located to allow easy access by the refuse truck. In situations where the customer repeatedly overfills the dumpster, arrangements must be made for a larger dumpster or for more frequent pickups.

 (h)  Customers requiring disposal of bulky rubbish or are required to purchase a bulky item ticket from City Hall prior to pick up and affix the ticket to the item in order for it to be picked up.   All deposits, fees, and regulations that are included in this ordinance are applicable.

(i)  Customers requiring disposal of garbage, including but not limited to commercial eating establishments may be required to apply for a dumpster at the discretion of the Director if the placement of the garbage for collection creates a public nuisance.

The system of services established by the provisions of this ordinance hereof is designed as an integral part of the City’s program of health and sanitation, to be operated as an adjunct to the City’s system for providing potable water and the City’s system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment to recover any sums due for such services plus a reasonable attorney’s fee to be fixed by the court, plus the costs of such action.

The service charge herein provided for is hereby imposed upon the occupant of each solid waste generating unit and the billing thereof shall be made to the person contracting for City water or for other water service or otherwise providing water service to each such dwelling unit. In the event the solid waste-generating unit is not serviced by City water, or in the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event billing therefore shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.

SECTION 11: PENALTIES

Any person violating any of the provisions of this Ordinance or any lawful rules or regulations promulgated pursuant thereto, shall, upon conviction, punished by a fine of not less than $5.00 no more than $500.00; provided that each day’s violation thereof shall be a separate offense for the purpose hereof.

SECTION 12: BONDS

All persons obtaining permits to collect and transport solid waste to processing or disposal facilities shall provide adequate performance bonds in an amount to be established by the Board of Aldermen of Rich Hill, Missouri.

SECTION 13: REPEALS

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

SECTION 14: SEVERABILITY CLAUSE

The provisions of this Ordinance are severable, and if any provisions or part thereof shall be held invalid or unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this Ordinance.

1^st Reading August 11, 2021

2^nd Reading August 11, 2021

This ordinance shall become effective upon the 11^th day of August, 2021.

___________________________                              Ayes: Humble, Thompson, Bonham

Jason Rich, Mayor                                                      Nays:  None

                                                                                    Absent: Kassner

ATTEST:

___________________________

Casey Crews, City Clerk