AN ORDINANCE PROVIDING FOR A GENERAL ELECTION IN THE CITY OF RICH HILL, MISSOURI, TO BE HELD ON APRIL 7, 2020, 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 7, 2020, 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 17, 2019, will be the first day to file a Declaration of Candidacy, that  January 21, 2020, 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Section 8:  Any ordinance or parts thereof in conflict herewith are hereby repealed.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 13^th day of November, 2019

____________________________________

Jason Rich, Mayor

ATTEST:

_______________________________________                              (seal)

Casey Crews, City Clerk

Ayes:

Nays:

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, TO ALLOW AND REGULATE MEDICAL MARIJUANA AND MEDICAL MARIJUANA BUSINESSES WITHIN THE CITY LIMTS OF RICH HILL, BATES COUNTY, MISSOURI.  

WHEREAS, in the November 2018 election, Missouri voters approved an amendment to the Missouri Constitution, Article XIV, Section 1, legalizing medical marijuana; and

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri, now desires to regulate and allow medical marijuana and medical  marijuana businesses within the city limits of Rich Hill, Missouri in conformity with the provisions of Article XIV, Section 1 of the Missouri Constitution, as well as all regulations enacted pursuant to Article XIV, Section 1.

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

SECTION 1: That the following provisions shall apply to medical marijuana and medical marijuana businesses within the city limits of Rich Hill, Missouri:

MEDICAL MARIJUANA

Section 1 – DEFINITIONS

(a)   Administer means the direct application of marijuana to a qualifying patient by way of any of the following methods:

(1)  Ingestion of capsules, teas, oils, and other marijuana-infused products:

(2)  Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils:

(3)  Application of ointments or balms:

(4)  Transdermal patches and suppositories;

(5)  Consuming marijuana-infused food products; or

(6)  Any other method recommended by a Qualifying Patient’s physician.

(b)  Canopy space means a space measured from the outermost point of a mature flowing plant in a designated growing area and continuing around the outside of all mature flowering plants in that designated growing area but not including space allocated for walkways or ancillary equipment. This space may be spread over a single level or several levels.

(c)   Church means a permanent building primarily and regularly used as a place of religious worship.

(d)  Daycare means a child-care facility, as defined by Section 210.201, RSMo., that is licensed by the state of Missouri.

(e)   Department means the Department of Health and Senior Services, or its successor agency.

(f) Dried, unprocessed marijuana or its equivalent means the marijuana flower after it has been cured and trimmed or its equivalent amount of marijuana concentrate or THC. For purposes of purchase and possession limitations, one (1) ounce of dried, unprocessed marijuana is equivalent to eight (8) grams of medical marijuana concentrate or eight hundred (800) milligrams of THC in infused products.

(g) Elementary or secondary school means any public school as defined in Section 610.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth (12^th) grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.

(h) Enclosed, locked facility means:

1. An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access only to the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or
2. An outdoor stationary structure:
   1. That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or a similar material that is anchored, attached or affixed to the ground and that cannot be accessed from the top;
   2. In which the plants are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level; and
   3. That is equipped with locks or other security devices that restrict access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.

(i) Entity means a natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.

(j) Flowering plant means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

(k) Harvest lot means a specifically identified quantity of marijuana that is uniform in strain, cultivated utilizing the same growing practices, harvest within a seventy-two (72) hour period at the same location, and cured under uniform conditions.

(l) Identification card means a document, whether in paper or electronic format, issued by the department that authorizes a qualifying patient, primary caregiver, or employee or contractor of a licensed facility to access medical marijuana as provided by law.

(m) Marijuana or Marihuana means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. “Marijuana” or “Marihuana” do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

(n)  Marijuana-infused products means products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

(o)  Medical marijuana cultivation facility means a facility licensed by the department, to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

(p)  Medical marijuana dispensary facility or Dispensary means a facility licensed by the department, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

(q)  Medical marijuana-infused products manufacturing facility means a facility licensed by the department, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

(r)   Medical marijuana testing facility means a facility certified by the department to acquire, test, certify, and transport marijuana.

(s) Medical marijuana transportation facility means a facility certified by the department to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.

(t) Medical use means the production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or marijuana-infused product, for the benefit of a qualifying patient to mitigate symptoms or effects of the patient’s qualifying medical condition.

(u)  Physician means an individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.

1. A license is in good standing if it registered with the Missouri Board of Healing Arts as current, active, and not restricted in any way, such as by designation as temporary or limited.
2. Practice of medicine or osteopathy means practice by persons who hold a physician and surgeon license pursuant to Chapter 334 RSMo, including those who are admitted to practice in Missouri by reciprocity pursuant to 334.043, RSMo.

(v)  Primary caregiver means an individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such on the primary caregiver’s application for identification card under this chapter or in other written notification to the department.

(w) Public place means any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools and businesses. However, for purposes of designating a non-public place within a public place, the owner or entity with control of any such property may, but is not required to, provide one or more enclosed, private spaces where one qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient’s primary caregiver, and/or the qualifying patient’s physician. The owner or entity with control of any such property may provide such a space by individual request or designate such space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient’s use of medical marijuana in that space.

(x)  Qualifying medical condition means the condition of, symptoms related to, or side-effects from the treatment of:

1. Cancer;
2. Epilepsy;
3. Glaucoma;
4. Intractable migraines unresponsive to other treatment;
5. A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
6. Debilitating psychiatric disorders, including, but not limited to, posttraumatic stress disorder, if diagnosed by a state licensed psychiatrist;
7. Human immunodeficiency virus or acquired immune deficiency syndrome;
8. A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
9. Any terminal illness; or
10. In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome.

(y)  Qualifying patient means a Missouri resident diagnosed with at least one (1) qualifying medical condition.

(z) Statewide track and trace system means the system the department uses to track medical marijuana from either the seed or immature plant stage until the medical marijuana sold to a qualifying patient or primary caregiver to ensure that all medical marijuana sold in Missouri was cultivated or manufactured in Missouri, that all medical marijuana cultivated or manufactured in Missouri is sold only by dispensaries and only to individuals in possession of a valid qualifying patient or primary caregiver identification card, and that any given qualifying patient or primary caregiver is only purchasing the amount of medical marijuana he or she is approved to purchase at any given time.

Section 2 – No additional licenses.

(a) Medical marijuana facilities shall be required to be properly licensed and/or certified by the Missouri Department of Health and Senior Services as required by 19 CSR 30-95. Each medical marijuana facility in operation shall obtain a separate license, but multiple licenses may be utilized in a single location. All licenses shall be displayed at all times within twenty (20) feet of the main entrance to the medical marijuana facility.

Section 3 – Facilities operation, policies and procedures, generally.

(a) In addition to the requirements of 19 CSR 30-95, medical marijuana facilities shall also comply with the following:

(b) No medical marijuana facility shall be sited within three hundred (1000) feet of any then-existing elementary or secondary school, daycare, or church.

1. In the case of a freestanding facility, the distance between the facility and the school, daycare or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.
2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closed in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.
3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

(c) All marijuana for medical use, including plants, flowers, and infused products, sold in Missouri shall be cultivated in a licensed cultivation facility located in Missouri. After December 31, 2020, marijuana for medical use shall be grown from seeds or plants obtained from a Missouri licensed cultivation or dispensary facility.

(d) Signage and advertising on facility premises must comply with the following:

1. A facility may not display marijuana, marijuana paraphernalia, or advertisements for these items in a way that is visible to the general public from a public right-of-way.
2. Outdoor signage and, if visible to the public, interior signage must comply with the following provisions:
   1. May not display any text other than the facility’s business name or trade name, address, phone number, and website; and
   2. May not utilize images or visual representations of marijuana plants, products, or paraphernalia, including representations that indicate the presence of these items, such as smoke.

Section 4 – Possession and transportation.  No person shall possess and transport medical marijuana within the city limits, except:

(a) A qualifying patient for the qualifying patient’s own personal use, in an amount no greater than the law allows, or

(b) A primary caregiver of a qualifying patient(s) but only when transporting medical marijuana to a qualifying patient or when accompanying a qualifying patient(s) or when holding for a qualifying patient while with the qualifying patient or at the primary caregiver’s residence, or

(c) An owner or an employee of a medical marijuana facility within the enclosed building licensed as such, or when delivering directly to a qualifying patient’s or primary caregiver’s residence, or another medical marijuana facility, or to multiples of these locations. This provision shall only apply to transportation of medical marijuana while within the city limits and shall not apply to transportation outside the city limits or to and from locations outside the State of Missouri.  This provision will not be construed to prohibit the growing of marijuana outdoors by a holder of a medical marijuana cultivation facility license or a qualifying patient or primary caregiver for personal use, so long as the requirements of the department are complied with.

Section 5 – Transportation facilities.

(a) In addition to the requirements for cultivation facilities in Section 3 of this Article and 19 CSR 30-95.100, cultivation facilities shall also comply with the following:

1. Transportation facilities shall transport all medical marijuana from an originating facility to a destination facility within twenty-four (24) hours.

Section 6 – Cultivation facilities.

(a) In addition to the requirements for cultivation facilities in Section 3 of this Article and 19 CSR 30-95.050, cultivation facilities shall also comply with the following:

(b) Cultivation facilities may cultivate medical marijuana in indoor, outdoor, or greenhouse facilities or some combination of the three (3):

1. Each indoor facility utilizing artificial lighting will be limited to no more than thirty thousand (30,000) square feet of flowering plant canopy space.
2. Each outdoor facility utilizing natural lighting will be limited to no more than two thousand eight hundred (2,800) flowering plants.
3. Each greenhouse facility using a combination of natural and artificial lighting will be limited to, at the election of the licensee, either no more than two thousand eight hundred (2,800) flowering plants or no more than thirty thousand (30,000) square feet of flowering plant canopy space.
4. If a cultivation facility is operating with multiple cultivation licenses in the same location, the size limitations of the cultivation facility will be multiplied by the number of licenses.

(c) Cultivation facilities, except those in rural, unincorporated agricultural areas, must develop, implement and maintain an odor control plan, which shall address odor mitigation practices including, but limited to, engineering controls.

(d) No cultivation facility shall emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a cultivation facility is located in a multiple-tenant building, the cultivation facility shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the cultivation facility is located.

(e) Cultivation facilities may only transport medical marijuana:

1. That the facility cultivated;
2. To a dispensary, testing, or manufacturing facility;
3. If the facility complies with the requirements of 19 CSR 30-95.100(2).

(f) Cultivation facilities shall not transfer medical marijuana from the facility, except to a testing facility, until the medical marijuana has been tested by a testing facility, according to the provisions of 19 CSR 30-95.070, and the cultivation facility has received verification from the testing facility that the medical marijuana has passed all required testing.

(g) Cultivation facilities shall store all medical marijuana:

1. At the approved location of the facility; or
2. In offsite warehouses that comply with the security requirements of 19 CSR 30-95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30-95.040(3)(C).

Section 7 – Medical marijuana dispensary facilities.

(a) In addition to the requirements for dispensary facilities in Section 3 of this Article and 19 CSR 30-95.080, dispensary facilities shall also comply with the following:

(1)  Dispensary facilities shall not be open to the public or make any sales between the hours of 7:00 p.m. and 7:00 a.m.

(2)  No marijuana, of any type, may be smoked, ingested, or otherwise consumed or administered on the premises of any dispensary facility at any time, nor shall the licensee permit such consumption.

(3) Dispensary facilities shall not sell medical marijuana until the medical marijuana has been tested by a testing facility, according to the provisions of 19 CSR 30-95.070, and has been verified as passing all required testing.

(4) Dispensary facilities may only transport medical marijuana:

a. To qualifying patients, primary caregivers, testing, manufacturing and other dispensary facilities;

b. If the facility complies with the requirements of 19 CSR 30-95.100(2).

(5) Dispensary facilities that sell ingestible medical marijuana-infused products shall comply with the applicable food safety standards set forth in 19 CSR 20-1.025.

(6) Dispensary facilities shall store all medical marijuana:

a. At the approved location of the facility; or

b. In offsite warehouses that comply with the security requirements of 19 CSR 30-95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30-95.040(3)(C).

(7) Dispensary facilities shall only sell medical marijuana seeds acquired from licensed medical marijuana cultivation facilities.

(8) Dispensary facilities shall not sell medical marijuana to a qualifying patient or primary caregiver in amounts greater than what that individual is currently authorized to purchase per the statewide track and trace system.

(9) Dispensary facilities shall not sell medical marijuana seeds to a qualifying patient or primary caregiver who is not currently authorized to cultivate medical marijuana.

(10) Dispensary facilities may not disburse medical marijuana as part of a promotional event.

(11) Dispensary facilities shall require every customer to display the customer’s identification card issued by the Missouri Department of Health and Senior Services or other proof of eligibility at the time of each purchase.

(12) No person under the age of eighteen (18) years old shall be permitted into a dispensary facility, except that a qualifying patient who is under the age of eighteen (18) years but who has been emancipated by a court order and a qualifying patient, under the age of eighteen (18) years when accompanied by the qualifying patient’s parent or guardian.

(13) No dispensary shall emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a dispensary is located in a multiple-tenant building, the dispensary shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the dispensary is located.

(14) Each dispensary shall be operated from a permanent and fixed location. No dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This subsection shall not prevent the physical delivery of medical marijuana to a qualifying patient or primary caregiver at a location off of the premises of the licensee’s dispensary, to the extent so permitted by law.

Section 8 – Medical marijuana-infused products manufacturing facilities.

(a) In addition to the requirements for manufacturing facilities in Section 3 of this Article and 19 CSR 30-95.060, manufacturing facilities shall also comply with the following:

(1)  Facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls.

(2)  Manufacturing facilities that produce ingestible medical marijuana-infused products shall comply with the applicable food safety standards set forth in 19 CSR 20-1.023, 1.040 and 1.050, as applicable. Such facilities are prohibited from producing frozen desserts, as defined by 19 CSR 20-1.030, or acidified foods, as defined by 19 CSR 20-1.042.

(3) Manufacturing facilities shall store all medical marijuana:

a. At the approved location of the facility; or

b. In offsite warehouses that comply with the security requirements of 19 CSR 30-95.040(4)(H), the location requirements of Section 3 of this Article and that have been approved pursuant to 19 CSR 30-95.040(3)(C).

(4)  Manufacturing facilities that use volatile solvents shall install air-handling systems and other controls designed to minimize the risks of explosions and fired. These controls should include systems to prevent ignition; plans for safe storage, use, and disposal of solvents; and policies for continuous staff monitoring of all processes involving volatile solvents.

(5)  No manufacturing facility shall emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a manufacturing facility is located in a multiple-tenant building, the manufacturing facility shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the dispensary is located.

Section 9 – Medical marijuana testing facilities.

(a) In addition to the requirements for testing facilities in Section 3 of this Article and 19 CSR 30-95.070, testing facilities shall also comply with the following:

1. No testing facility shall emit any odor of marijuana which is capable of being smelled by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a testing facility is located in a multiple-tenant building, the testing facility shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the testing facility is located.

Section 10 – Purchase and possession limitations.

(a) Qualifying patients may only purchase, or have purchased on their behalf by their primary caregiver(s), four (4) ounces of dried, unprocessed marijuana per qualifying patient, or its equivalent, in a thirty (30) day period.

(b) Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf:

1. In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty (60) day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or
2. In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety (90) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated by the qualifying patients or primary caregivers remains on property under their control.

(c) All medical marijuana purchased from a dispensary must be stored in or with its original packaging.

(d) Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.

(e) Purchase and possession limits established in this section shall not apply to a qualifying patient with written certification from two (2) independent physicians that there are compelling reasons why the qualifying patient needs a greater amount than the limits established in this section:

1. In such a case, both independent physicians must state in their certifications what amount the qualifying patient requires, which shall then be that patient’s limit.
2. If the two (2) independent physicians disagree on what amount should be patient’s limit, the lower of the two (2) amounts shall be that patient’s limit.
3. If the patient’s limit is increased after receiving a qualifying patient identification card, the qualifying patient or primary caregiver shall notify the department in a department-approved format within ten (10) days of the change.

Section 11 – Qualifying patient cultivation. All qualifying patient cultivation shall take place in an enclosed, locked facility, as defined in this Section 1 of this Article.

(a) One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants, six (6) nonflowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) nonflowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional nonflowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering plants, eighteen (18) nonflowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility.

(b) Under no circumstance will a qualifying patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) flowering marijuana plants.

(c) Nothing in this section shall convey or establish a right to cultivate medical marijuana in a facility where state law or a private contract would otherwise prohibit doing so.

(d) All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient’s name.

(e) No qualifying patient or primary caregiver shall be permitted to use combustible gases or other dangerous materials to extract resins from marijuana.

Section 12 – Residential cultivation. To the extent allowed by state law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:

(a) The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker.

(b) All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall be done in such a way as to prevent odors of marijuana from being detected by a person of ordinary senses beyond the boundary of the lot upon which the medical marijuana plants are located. If a qualifying patient or primary caregiver cultivates medical marijuana in a multiple-tenant building, the qualifying patient or primary caregiver shall not permit odors of marijuana which are capable of being detected by a person of ordinary senses outside of the tenant space the qualifying patient or primary caregiver occupies.

(c) No manufacturing of marijuana-infused products shall occur in any residential structure.

(d) All residential cultivation must comply with the security and other requirements of state law and the rules of the department.

(e) The qualifying patient or primary caregiver has notified the city clerk, including providing proof of eligibility, on a form provide by the city clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.

Section 13 – Residential Consumption.  Qualifying patients may consume medical marijuana in their private residence, or in the residence of another with permission, but may not dispense or smoke marijuana in such a manner that the marijuana smoke or odor, exits the residence. If marijuana smoke or odor is capable of being detected by a person of ordinary senses beyond the property line of single-family home or outside of the owned or leased premises of a duplex or multifamily unit there shall be a rebuttable presumption that this section has been violated.  In a multifamily or similar dwelling, medical marijuana may not be dispensed or consumed in any common area.

Section 14 – Disposal of medical marijuana.

(a) Any excess or unusable medical marijuana or medical marijuana byproduct of a cultivation, manufacturing, dispensary, testing, or transportation facility shall be disposed of pursuant to the requirements of 19 CSR 30-95.040(4).

(b) In any case where a qualifying patient is no longer entitled to medical marijuana under any provision of state law or is deceased, any excess medical marijuana or marijuana plants in the possession of the qualifying patient or the patient’s primary caregiver or discovered by a third party shall be turned over to a licensed dispensary for disposal pursuant to the requirements of 19 CSR 30-95.030(9).

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

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

SECTION 4. All existing ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict.

Read the first time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 9^th day of October, 2019.

Read the second time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 9^th day of  October, 2019.

______________________________

Jason Rich, Mayor

ATTEST:

______________________________

Casey Crews, City Clerk

Ayes: Tourtillott, Humble, Robb

Nays: None

Absent: Kassner

AN ORDINANCE LEVYING GENERAL, PARKS AND RECREATION, LIBRARY, AND HEALTH TAXES IN THE CITY OF RICH HILL, FOR THE TAX YEAR 2019

_____________________________________________________________________________________

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

Section 1:       That for the support of the government of the City of Rich Hill, Missouri, and to meet the contractual obligations of said City, for the tax year 2018, general, parks and recreation, library, and health taxes are hereby levied on all property subject to taxation within the corporate limits of the City of Rich Hill, Missouri, as follows:

1. For General purposes: 6964 on the $100.00 valuation.
2. For Parks and Recreation purposes: 2809 on the $100.00 valuation.
3. For support of the Rich Hill Library: 2400 on the $100.00 valuation.
4. For Health purposes: 1460 on the $100.00 valuation.

Section 2:       This Ordinance imposing a Tax Levy on Personal Property and Real Estate shall be in full force and effect from and after its date of passage.

READ two times and PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 14^th day of August, 2019.

__________________________

Jason Rich, Mayor

ATTEST:                                                                    Ayes: Robb, Kassner, Humble

Nays: None

Absent: Tourtillott

__________________________

Casey Crews, City Clerk

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 10^TH DAY OF JULY 2019

2^ND READING 10^TH DAY OF JULY 2019

PASSED THIS 10^th DAY OF JULY 2019

__________________________________

Jason Rich, Mayor

ATTEST:                                                            Ayes: Robb, Tourtillott, Humble, Kassner

Nays:

___________________________

Casey Crews, City Clerk

AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF A CITY CLERK AND TO ESTABLISH THE DUTIES, HOURS AND COMPENSATION OF THE CITY CLERK FOR THE CITY OF RICH HILL

________________________________________________________

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

WHEREAS, Missouri Revised Statute §79.320 provides that the Board of Aldermen shall elect a Clerk for the Board of Aldermen to be known as the City Clerk whose duties and term of office shall be fixed by ordinance.

WHEREAS, Missouri Revised Statute §610.023.1 provides that a public governmental body is to appoint a custodian to maintain that body’s records and the identity and location of the custodian is to be made available upon request; and

WHEREAS, Missouri Revised Statute §610.026 sets forth that a public governmental body shall provide access to and, upon request, furnish copies of public records; and

WHEREAS, Missouri Revised Statute §610.028.2 provides that a public governmental body shall provide a reasonable written policy in compliance with sections 610.010 to 610.030, RSMo, commonly referred to as the Sunshine Law, regarding the release of information on any meeting, record or vote.

WHEREAS, the Board of Aldermen deems it advisable and in the best interest of the citizens of Rich Hill to appoint a City Clerk.

SECTION 1 -Date, term of appointment and bond

a. The City Clerk shall be appointed by the Board of Aldermen and serve at the pleasure of the Board of Aldermen.

b. The City Clerk shall hold this office until a successor is duly appointed and qualified.

c. The City Clerk hereby is appointed Custodian of Records of the City of Rich Hill, Missouri and that the Custodian is located at City Hall, 120 N 7^th Street, Rich Hill, MO. 64779. Such designation does not mean that the City Clerk will have all records in her possession, but simply is an indication to where requests for copies of records and information regarding the City government shall be directed.

d. Surety Bond:

1. The City Clerk shall be covered by a surety bond purchased by the City in the amount of $25,000.
2. The terms and conditions of the surety bond shall be determined and negotiated by the City with the bonding company or entity contracting with the City.
3. The surety bond shall be conditioned upon the faithful performance of the duties of the City Clerk and shall ensure that the City Clerk shall turn over all monies belonging to the City, as provided by law, that may come into the City Clerk’s hands and that the City Clerk shall turn over to her successors in office or to such other proper officer of the City, all books, papers and personal property of whatsoever nature in her custody that belongs to the City.
4. In the event of any breach of condition of any bond, suit may be instituted by the City or by any person in the name of the City to recover any monies, assets, books, papers or personal property of whatsoever nature that belongs to the City.

SECTION 2 – Qualifications

a. The City Clerk shall not be in arrears for any unpaid City taxes or forfeiture or defalcation in office at the time of appointment as City Clerk.

b. The City Clerk shall be a qualified voter under the laws and Constitution of the State of Missouri and the Ordinances of the City of Rich Hill.

c. The City Clerk shall:

1. Possess knowledge of the principles and methods of finance, accounting and auditing;
2. Possess knowledge of office management procedures, practices and equipment;
3. Possess knowledge of purchasing procedures;
4. Have the ability to maintain cooperative working relationships with City officials, employees and the public;
5. Have the ability to carry out complex oral and written instructions;
6. Have a high school diploma or equivalency. An associates or 4-year degree in Business, Financing or Accounting are preferred.

SECTION 3 – Duties      

The following duties of the City Clerk are not all-inclusive, and the City Clerk may be required to perform additional duties at the request of the Mayor and Board of Aldermen.

The duties of the City Clerk, at a minimum, shall be as follows:

a. Act as Secretary to the Board of Aldermen by performing the following activities:

1. Attend all Board of Aldermen meetings or appoint a deputy to attend.
2. Prepare the agenda:

a) Provide a copy of the Agenda to each of the Aldermen and the City Attorney no later than the Friday before each regularly scheduled Board meeting;

b) Provide any documentation for consideration about the topics listed on the Agenda.

3. Keep a journal of the proceedings of the Board of Aldermen by preparing accurate minutes.

a) Never retype the minutes or block out the original version.

b) The final copy of the minutes with any necessary corrections and additions shall be transcribed on a good, durable bond paper and bound in a substantial binder for a permanent record.

b. Safely and properly keep all the records and papers of the City entrusted to the City Clerk’s care.

1. The City Clerk, upon request, shall certify documents as true and correct copies of those on file in the City Clerk’s office that may be filed in Court proceedings or at the Bates County Recorder’s Office.
2. The City Clerk shall attend Court hearings to verify copies of documents that are on file in the City Clerk’s office when called upon to do so.
3. A method of dual or cross-filing to access information as efficiently as possible shall be utilized as required. For example:  Contracts or agreements

a) The contract or agreement referenced in the body shall be attached and made a part of the ordinance or resolution;

b) A copy of the contract or agreement shall be maintained in a separate file, organized alphabetically by the name of the person or firm with whom the City is contracting.

4. Dispose of public records pursuant to the Municipal Retention Manual to ensure that valuable records are preserved and that records of no further value are disposed of. The stored records containers and/or file cabinets shall be marked and labeled for identification. The disposition of records shall be recorded in some permanently preserved document and/or electronically and shall contain the following information:

a) description and quantity of the record being disposed of;
b) manner of destruction;
c) inclusive dates covered;
d) date of destruction;
e) initials of individual who destroyed the files.

c. Serve as custodian of public records under the Open Meetings and Records Law, also referred to as the Sunshine Law.

1. Respond to requests for access to or copies of public record within the time period provided by statue except in those circumstances authorized by statue.
2. All requests shall be made in writing. Oral requests, if received by the City Clerk, shall be immediately recorded in written form to document the same.
3. Any request received by the City Clerk shall be initialed by the clerk, with the date and time of receipt noted.
4. Fees to be charged for access to or furnishing copies shall be as provided:

a) Copies for records shall be 10 cents per page for paper 9 by 14 or smaller.
b) Hourly fee for duplicating copies shall be the average hourly rate of pay for clerical staff of the City of Rich Hill.
c) Research time shall be billed at actual costs of the clerical staff preforming the research.

d. Post and publish the following:

1. Meeting notices;
2. Proposed ordinances;
3. Administrative findings of facts and conclusions of law;
4. Requests for bids;
5. Notices of hearings; and
6. All other posting required by statute.

e. Serve as the General Accountant of the City to provide accountability to the public and provide financial information to the Mayor and Board of Aldermen through the accounting system, assistance in the budgeting process and preparation of periodic financial reports and includes, but is not limited, to the following duties:

1. Record of Revenue:

The City Clerk shall keep a complete record of all City revenue, utilizing a separate category for each type of appropriation or fund for all moneys paid into the City Treasury and shall charge each separate category with all warrants drawn on each category.

2. Record of Liabilities:

The City Clerk shall keep a record of all City obligations, specifying the date of issuance, for what purpose issued, the rate of interest, the time when principal and interest becomes due, the amount of principal, to whom payable and the registered number of each bond and coupon.

3. Drawing of Warrants:

a) For all accounts audited and allowed against the City for payment, approved by the Mayor and Board of Aldermen and authorized by the required appropriation, the City Clerk shall draw a warrant on the City Treasury for the amount due.

b) In the body of every warrant drawn upon the Treasury, the City Clerk shall note the particular fund category out of which the same is to be paid.

3. Warrant Register:

The City Clerk shall maintain a register of all warrants drawn upon the City Treasury, specifying the number, date, to whom payable, on what fund or appropriation drawn and the amount of each warrant.

f. Manage the City’s flow of cash receipts and disbursements to ensure maximum cash availability and includes the following:

1. ensure that cash is received and disbursed in the most efficient manner;
2. make periodic activity reports to the Board of Aldermen to keep them informed of investments, earnings and other activities;
3. periodically review any limitations imposed on the City’s cash management activity by state statute or local ordinance or custom. Where local ordinances or practices might limit cash management, provide that information to the Board to determine if and what attempts could be made to change such provision.

g. Attest to the Mayor’s signature and affix the city seal on all orders, drafts and warrants drawn on the City Treasury for money.

h. Administer official oaths and oaths to persons certifying to demands or claims against the City.

i. Countersign the sale of all lots in the City cemetery and maintain a record that includes a copy of the deed of each cemetery lot, a record of which lots have been sold and which lots are available for sale, the name and all contact information for whom each lot is sold, the date of the sale and the location of the sold lots.

j. Prepare, index and file ordinances and resolutions;

1. Each ordinance/resolution shall be assigned a permanent number.
2. After final passage by the Board of Aldermen, the ordinance shall be signed by the Mayor.
3. The City Clerk shall attest the Mayor’s signature and affix the City Seal to each passed ordinance.
4. Each ordinance/resolution shall be bound in a substantial binder as a permanent record, kept in numerical order.
5. All ordinances/resolutions shall be indexed both numerically and by subject, either by index card or in a spreadsheet such as Excel; each entry shall bear its number, date of passage and its title and description of the subject matter.
6. Any ordinance/resolution that applies specifically to a particular department shall be duplicated and provided to the appropriate department head.
7. The original ordinance shall be kept in a fireproof vault or safe and locked away securely at the end of each working day.
8. A duplicate ordinance/resolution book shall be made available for review by City Officials, residents and any other party who wishes to see a particular ordinance.
9. All but the most routine ordinances and resolutions should be reviewed by the City Attorney; all Municipal Court ordinances shall be reviewed by the City Attorney. In some instances, the Municipal Court ordinances may be prepared by the City Attorney.
10. All ordinances shall be posted by numerical order, along with its title on the City’s web site. The web site shall be updated within 7 days from the date the ordinance is signed by the Mayor.

k. Administer the City’s payroll and insurance programs.

l. Issue licenses and permits.

m. Maintain files of completed personal financial interest disclosure forms.

n. Maintain employee personnel files.

1. These personnel records are the primary employment records for the City, and duplicate departmental record keeping shall be discontinued.
2. Each employee file shall contain the following information:

a) A copy of the employee’s original application and any interview and examination results that were part of the application process (except notes from individual interviewers that are not part of an interview form shall not be retained).

b) Up-to-date contact information: name, address, telephone number, date of birth, social security number, names of dependents, emergency contact information.

c) A copy of current driver’s license.

d) Copies of certifications/licenses pertinent to the employee’s employment.

e) Copies of performance reviews.

f) Copies of all disciplinary action taken, including probation agreements.

g) Payroll history shall be kept manually or electronically and shall consist of a record of all important events bearing on the compensation and benefits of each employee. The payroll history shall include, but is not limited to, the following:

1)         the first date of employment;

2)         beginning salary;

3)         every subsequent change of status such as salary increase, transfer, promotion or separation;

4)         accumulation and use of vacation leave, sick leave, and comp time, etc.

3. Medical information shall be retained in a file separate from each employee’s permanent personnel file and is considered highly confidential. Serious legal consequences may result if this information is released to any persons not authorized to have access to this information.  This information shall not be made available to supervisors or department directors as the basis of making employment-related decisions.  Medical files shall contain the following information:

a) Worker’s compensation claims;

b) Medical releases to return to work;

c) Medical conditions to be accessed in case of a medical emergency;

d) Any other information relating to the health and medical treatment of the employee.

4. The personnel file shall not contain the following, except as noted above in Section k.1. a) through g) above:

a) Notes, memos or messages that are related to official personnel action.

b) Memos, notes or messages kept by a supervisor about behaviors or performance in the workplace that has not been discussed with the employee as part of a periodic review or disciplinary action.

c) Medical information.

5. Confidentiality of Personnel Records

a) Positions held by an employee and the employee’s compensation are public information.

b) Information relating to the performance or merit of individual employees shall be a closed record. The release of this information to the public shall be prohibited.

c) Social Security numbers shall not be released and are confidential information.

o. Prepare a procedures manual in loose-leaf notebooks, carefully indexed so that someone can follow directions and properly address the matter in the absence of the City Clerk or in an emergency situation. The procedures notebook shall contain, at a minimum, the following information:

1. Details of all office procedures.
2. Copies of form letters sent for various purposes with a notation of where they can be found on the computer.
3. Examples of news release formats, bid requests, ads to recruit employees, etc.

p. Prepare special tax bills to recover the costs of abatement of nuisances and dangerous buildings.

q. Perform general duties regarding City elections and coordination with the County Clerk who is the designated County Election Authority.

1. The call for election is determined by the Board of Aldermen by Ordinance which sets forth the specific election dates and time, purpose of the election and instructs the City Clerk to give notice of the election as prescribed by law; the dates are set by the Secretary of State’s Office or the County Election Authority;
2. The City Clerk shall notify the County Election Authority of the Election:

a) no later than 5 pm on the 10^th Tuesday prior to the election, in writing, specifying the name of the officer or agent calling the election and shall include a certified copy of the legal notice; or

b) the notice may, with prior notification to the election authority, be sent by facsimile transmission prior to 5 pm on the 10^th Tuesday prior to the election, provided the original copy of the notice and a certified copy of the legal notice is received by the election authority within 3 business days from the date of the facsimile transmission.

3. Advertise filing dates by causing a legal notice to be published in at least 1 newspaper of general circulation in the City prior to the opening of filing, and the legal notice shall include which offices are to be filled, the opening filing date, the location in which to file and the closing date for filing.

4. Accept filing of candidates for City offices using the standard form prescribe by Missouri Revised Statute §115.349 that is modified for those filing for city office. If possible, a deputy shall be appointed to accept candidate filings in the absence of the City Clerk.

a) Filing of candidates shall begin at 8 am the 16^th Tuesday prior to the election date and closes at 5 pm on the 11^th Tuesday prior to the elections.

b) Each City candidate shall be provided with and directed to sign a written notice of the obligation to file a personal financial interest statement (ethics disclosure).

c) Clearly designate where candidates shall form a line to file.

d) Candidates who file on the first day may determine by random drawing the order in which each candidate’s names shall appear on the ballot.

5. The County Election Authority provides an estimate of the cost of conducting the election to the City Clerk no later than the 5^th Tuesday prior to the election, and the City Clerk shall deposit the estimated costs with the County Election Authority no later than the 3^rd Tuesday prior to the election.

6. At the first meeting of the Board of Aldermen after the election, the City Clerk shall:

a) Present the canvass of votes as prepared by the County Election authority;

b) Issue the certificates of election and commissions to elected officials;

c) In case of a tie vote, shall have the candidates who have tied draw lots as permitted in Missouri Revised Statute115.517(4).

r. Prepare Schedule of Events:

Annual and monthly calendars shall be posted on the City’s web site, at City Hall and be distributed to the Mayor, the Aldermen, the City Attorney, the Department heads and others having a need for this information.  Each calendar shall include the following information:

1. Regular Meetings of the Board of Aldermen;
2. Municipal court dates;
3. Board and Commission meetings;
4. City holidays;
5. Any other information deemed appropriate by the Board of Aldermen.

SECTION 4 – Removal of City Clerk or Vacancy in the Office of City Clerk

a. The Mayor, with the consent of a majority vote of the Board of Aldermen, which consists of 3 of the 4 members elected to the Board of Aldermen, may remove an appointed City Clerk from office for cause shown; or an appointed City Clerk may be removed from office by a vote of 3 of the 4 elected Aldermen without the Mayor’s approval upon cause shown.

b. If a vacancy occurs in an appointed City Clerk’s position, the Mayor shall appoint a suitable person to discharge the duties of that office until the first regular meeting of the Board of Aldermen thereafter, at which time, such vacancy shall be permanently filled by a majority vote of 3 of the 4 elected Aldermen.

c. If there is a lack of a majority vote of the elected Aldermen, which consists of a vote of 3 of the 4 elected Aldermen, the appointment by the Mayor shall continue until such time as a majority vote of 3 of the 4 elected Aldermen vote for the appointment or until such time as a new appointment for this position is made and approved pursuant to Section 1 of this Ordinance.

This Ordinance shall be in full force and effect from the date it is passed and approved.

ALL ORDINANCES OR PARTS OF ORDINANCES OR POLICIES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.[i]

First reading on this the ­­­27th day of March 2019.

Second reading on this the 27th day of March 2019.

This Ordinance was read, passed and approved this 27^th day of March 2019.

___________________

Jason Rich, Mayor                                               Ayes: Humble, Robb, Kassner

Attest:

Nays: None

______________________________

Brittany Schenker, City Clerk                             Pilcher was absent.

[i]  Missouri Revised Statute §79.050; Missouri Revised Statute §79.250 (sets general qualifications for City Clerks).

SECTION 3 – Duties are comprised of recommendations found in the Manual for City Clerks (2004); Missouri Revised Statutes §§ 79.050; 79.320 (makes the City Clerk the City’s General Financial Accountant); 95.365 (attest Mayor’s signature on Warrants drawn on the City Treasury); 115.523 (administer the oath of office to successful candidates after receipt of official election results from County Clerk); 67.398.1 (preparation of special tax bills for unpaid  for removal of weeds, debris and other nuisances and dangerous building abatement costs); 115.123 (sets the dates for elections) and election calendars are available from the Secretary of State’s office at www.sos.state.mo.us.gov; 115.125 (city clerk to give notice of election as prescribed by law; 115.127(5) (establishes a uniform filing period that opens 17 Tuesdays before Election day and closes 11 Tuesdays before election day); 115.125(1) (sets forth the date, time and method of notice of election); 115.125(5) (sets forth the length of publication and the contents of the published legal filing notice; sets the opening and closing dates to accept filings of candidates for City offices); 105.487(1) (directs City Clerk to provide to and direct City candidates to sign a personal financial disclosure statement);  115.077(2) (sets forth time of receipt and deposit of the estimated costs of the election); 115.124(2) (determine candidate’s location on the ballot by random drawing); 115.346, 79.250 (prohibits the election or appointment of individuals with unpaid municipal taxes or municipal user fees); 109.130 (a microfilmed copy of the minutes and other city records are acceptable as a permanent copy and are adequate for any legal purpose); The Municipal Retention Manual is available through the office of the Secretary of State and should be closely studied and followed by the City Clerk in the management and disposition of public records. The manual can be found online at:  http://www.sos.mo.gov/archives/localrecs/schedules/municpl.asp.  The time periods set forth in the Manual  are not meant to dictate to the municipal official that certain types of records must be disposed of at the end of a particular period of time and are based upon suggested times as experienced over time.

SECTION 4 -– Missouri Revised Statute § 79.240 (does not specifically state that cause shown is required for removal of appointed City Clerk); However, Henry v. City of Ellington, 789 S.W.2d 205 (Mo. App. S.D., 1990) (damages, including punitive damages, were awarded to City Clerk who was fired without cause shown); 79.050.1; 79.280.

This Ordinance repeals and replaces:  Ordinance 1652, enacted May 23, 2017; which replaced Ordinance 1399, enacted April 23, 2013 and Ordinance 1271, enacted September 12, 2006.

This Ordinance repeals and replaces: Ordinance 1271, enacted September 12, 2006; which replaces Ordinance 1217, enacted August 10, 2004.

Budget Amendments

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REPEALING THE RENTAL OF CITY EQUIPMENT.

WHEREAS, the Board of Alderman of the City of Rich Hill, Missouri (the “City”), previously approved Ordinance No. 1358, establishing the procedure for the rental of city equipment and establishing rates; and

WHEREAS, the Board of Alderman view the rental of city equipment for the use of individual and businesses as a liability to the City; and

WHEREAS, the manpower needed to fulfill the rental of equipment is no longer available.

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

Section 1.         Ordinance No. 1358 is hereby repealed; as a result, the City shall not rent out city equipment for individual or business use.[i]

PASSED, APPROVED and ADOPTED by the Board of Aldermen of the City of Rich Hill, Missouri, this 13^th day of February, 2019.

                                                                        CITY OF RICH HILL, MISSOURI

(SEAL)

____________________________

Jason Rich, Mayor

Ayes: Kassner, Pilcher, Robb

Nays: None

ATTEST:                                                          Humble Absent

____________________________

Brittany Schenker, City Clerk

[i] For informational purposes, this Ordinance repeals the following:   Ordinance 1358, enacted December 15, 2010: which replaced Ordinance 1216, enacted July 13, 2014.

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, ESTABLISHING MINIMUM HOUSING STANDARDS WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI.

WHEREAS, the City of Rich Hill, Missouri, has received requests from potential builders for minimum building guidelines; and

WHEREAS, the Board of Aldermen desires to ensure that new buildings within the city limits meet all necessary standards and establish consistency with the standards; and

WHEREAS, the Board of Aldermen desires to adopt the regulations provided for herein to establish minimum housing standards within the city limits of Rich Hill, Missouri.

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

SECTION 1.  That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following regulations provided for herein to establish minimum housing standards within the city limits of Rich Hill, Missouri.

ARTICLE I:  DEFINITIONS

Accessory Building – Any structure on the property other than a dwelling.

Approved Foundation – For prefabricated/modular homes located within the city, a concrete or masonry perimeter enclosure that creates a basement or crawl space area below the dwelling unit. Attached porches and decks may be supported on the ends by piers.

Bathroom – A room containing plumbing fixtures including a bathtub or shower.

Bedroom – Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

Dwelling – Any building that contains one or two dwelling units used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or that are currently occupied for living purposes.

Dwelling Unit – A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.        

Habitable Space – A space in a building used for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Room – A portion of space within a building or other structure, separated by walls or partitions from other parts.

ARTICLE II: MINIMUM ROOM AREA, SPACE, CEILING HEIGHT REQUIREMENTS AND OTHER BUILDING REQUIREMENTS

1. The aggregate area of the rooms and spaces, and ceiling heights within, shall meet the minimum code requirements listed below, except that the design may include combined use of spaces in an economical or “efficient” manner provided the design complies with the requirements listed below for an “efficiency living unit” and the occupancy is limited to two (2) or three (3) occupants depending on the floor area provided.
   1. Minimum living room area. Every dwelling unit shall have at least one (1) habitable room that shall have not less than one hundred and twenty (120) square feet of gross floor area. Note: The room is identified as a living room.
   2. Bedroom(s). Bedrooms shall not be less than seven (7) feet in any horizontal dimension and shall have a floor area of not less than seventy (70) square feet when occupied by one (1) person and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof.
   3. Each dwelling unit shall be provided with a kitchen area and every kitchen area shall include a sink. Kitchens shall have a minimum area of fifty (50) square feet and have a clear passageway of not less than three (3) feet between counter fronts and appliances or counter fronts and walls.
   4. Other habitable rooms. Other habitable rooms shall not be less than seven (7) feet in any horizontal dimension and shall have a floor area of not less than seventy (70) square feet. Note: A separate dining room is required when the dwelling unit is intended for more than two (2) occupants. For three (3) to five (5) occupants the dining room is required to be a minimum of eighty (80) square feet.
   5. Every dwelling unit shall be provided with a partitioned off bathroom having a water closet, lavatory and a bathtub or shower. The water closet and lavatory shall not be set closer than fifteen (15) inches from their centerline to any side wall, partition, vanity, tub, or shower or set closer than thirty (30) inches between the centerlines of adjacent fixtures. At least twenty-one (21) inches clearance shall be provided in front of the fixtures except that at least twenty-four (24) inches is required in front of a shower opening. The lavatory shall be located in close proximately to the water closet. The kitchen sink shall not substitute for the lavatory. Note: While no specific minimum room size is indicated, the bathroom shall be approximately thirty (30) square feet in area to comply with the fixture spacing and clearance requirements.
   6. Vertical egress & hallways. Vertical egress from habitable levels shall be by a thirty-six (36) inch wide stairway having a maximum riser height of eight and one-fourth (8 ¼) inches, minimum tread depth of nine (9) inches, and minimum six (6) feet eight (8) inches headroom. Wider treads and spiral stairs are permitted, provided that the clear width at and below the handrail is not less than twenty-six (26) inches and the walk line radius is not less than greater than twenty-four and one-half (24 ½) inches. Each tread shall have a depth of not less than six and three-fourths (6 ¾) inches at the walk line. All threads shall be identical, and the rise shall be not more than none and one-half (9 ½) inches. Headroom shall be not less than six (6) feet six (6) inches. Ladders are not permitted. Hallways, if provided, shall be not less than thirty-six (36) inches wide.
   7. Mechanical equipment & appliances. Heat and hot water must be provided. Sufficient space shall be provided for mechanical equipment and hot water appliances to maintain minimum clearances to combustible materials and provide access for maintenance. A minimum of thirty (30) inches of clearance is required at the front of the appliance for service.
   8. Electrical panel. An electrical system connected to a public utility must be provided. Circuit breaker panels shall not be concealed and are not permitted in a bedroom or within bathrooms or clothes closets. A minimum thirty-six (36) inches deep by thirty (30) inches wide, having a minimum six (6) feet six (6) inches headroom, unobstructed clearance area is required in front of electrical panels. Doors shall not open towards a panel. Counters and cabinets shall not be installed under the electrical panel. A communication outlet shall be cabled to the service provider demarcation point.
   9. Ceiling height. Habitable spaces, hallways, bathrooms, toilet rooms, laundry rooms and portions of basements containing these spaces shall have a ceiling height of not less than seven (7) feet.1 . Exceptions:

      (i.) For rooms with sloped ceilings, at least fifty (50) percent of the required floor area of the room must have a ceiling height of at least seven (7) feet and no portion of the required floor area shall have a ceiling height of less than five (5) feet. Note: These rooms shall be used exclusively for sleeping, study, or similar purposes.

      (ii.) Bathrooms shall have a minimum ceiling height of six (6) feet eight (8) inches at the center of the front clearance area for fixtures as shown in IRC Figure 307.1. The ceiling height above fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of six (6) feet eight (8) inches above a minimum area thirty (30) inches by thirty (30) inches at the showerhead.

   10. Efficiency living unit. A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet and when occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet. These required areas shall be exclusive of a kitchen area which shall include a kitchen sink, cooking appliance, and refrigeration facilities (each having a clear working space of thirty (30) inches in front) and a separate bathroom containing a water closet, lavatory, and bathtub or shower. Note: While no specific minimum floor area is indicated for the kitchen and bathroom the above minimum square footages shall be increased by approximately eighty (80) square feet, thus a unit for one (1) to two (2) occupants shall have a clear floor area of around three hundred (300) square feet. A unit for three (3) occupants shall have a clear floor area of around four hundred (400) square feet. This required clear floor area is exclusive of the space needed for vertical egress on designs having a habitable loft or second level.
   11. Utility hookups. All plumbing fixtures shall be connected either to a public water system or to an approved private water system, such as a well, and connected to a public sanitary sewer or approved private sewage disposal system such as a septic system. An electrical system connected to a public utility shall be required.
   12. Foundation shall be placed on footings engineered to withstand all wind loads and building weights and shall be a frost proof concrete slab, crawl space or basement. Wood sole plates at all exterior walls on monolithic slabs, wood sole plated of braced wall panels at building interior on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum ½-inch-diameter anchor bolts spaced at a maximum of six (6) feet on center or approved anchors or anchor straps spaced as to require to provide equivalent anchorage to ½-inch-diameter anchor bolts. Bolts shall extend a minimum of seven (7) inches into concrete or grouted cells of concrete masonry units.
   13.  Footings shall be:

1. Minimum depth on exterior footing shall not be less twelve (12) inches below undisturbed ground surface.
2. Minimum footing size shall not be less than twelve (12) inches in width and six (6) inches in thickness and shall be reinforced longitudinally with rebar not less than one-half-inch (1/2) diameter, not fewer than three (3) in any given width area, and not less than one and one-half (1 ½) inches from the bottom.
3. Except where otherwise protected from frost, foundation walls, piers, and other permanent supports of buildings shall be protected from frost by one or more of the following methods:

(i.) Extend twenty-four (24) inches below the soil surface

(ii.) Erected on solid rock

(iii.) Constructed using a monolithic slab-on-ground foundation floor design in which the monthly mean temperature of the building is maintained at a minimum of sixty-four (64) degrees and the vertical exterior face of the footing protected with Styrofoam of a R-Value not less than four and one-half (4 ½) Note: Neither foundations nor footings protected from frost in Article II(1)(m) (3)(iii) shall be used for unheated spaces such as porches, utility rooms, garages and carports, and shall not be attached to basements or crawl spaces that are not maintained at a minimum monthly mean temperature of sixty-four (64) degrees.

n) Shall be a pitch roof withstanding twenty (20) pounds per square foot of live load and constructed of metal roofing or composite shingles.

ARTICLE III: LOT SIZE REQUIREMENTS

1. Minimum lot width:
   1. Interior lots shall have a minimum of thirty (30) feet of street frontage.
   2. Corner lots shall have a minimum of forty (40) feet of street frontage.
2. Minimum lot depth shall be seventy-five (75) feet.
3. Minimum lot area shall be two thousand two hundred fifty (2,250) square feet.
4. Front yard: No dwelling or accessory building shall be located with twenty-five (25) feet of the front property line. No accessory building shall be located in the front yard between the dwelling and the front property line.
5. Side yard:
   1. Interior lots: No dwelling shall be located within seven (7) feet of any side property line. No accessory building shall be located within five (5) feet of any side property line.
   2. Corner lots: No dwelling or accessory building shall be located within fifteen (15) feet of the side street right-of-way. No dwelling shall be located seven (7) feet of the interior side property line. No accessory building shall be located with five (5) feet of the interior side property line.
6. Rear yard: No dwelling shall be located with twenty-five (25) feet of the rear property line. No accessory building shall be located within three (3) feet of any rear property line.

ARTICLE IV: REGULATIONS FOR ACCESSORY BUILDINGS AND THE USE OF PORTABLE STORAGE CONTAINERS AS ACCESSORY BUILDING STORAGE FACILITIES

1. Regulations for accessory buildings:
   1. Accessory buildings shall be placed on concrete, asphalt or another level, compacted, hard surface at all times; and
   2. Shall be painted so as to blend in with the buildings to which they are associated or shall be painted in neutral colors (earth tones); and
   3. Shall abide by all setback requirements as required by city ordinances.
2. Use of storage container as accessory building:
   1. Shall be placed on concrete, asphalt or another level, compacted, hard surface at all times; and
   2. Shall be painted so as to blend in with the buildings to which they are associated or shall be painted in neutral colors (earth tones); and
   3. Shall not be visible to the motoring public or from adjacent residential neighborhoods unless other measures are employed to mitigate the visual impacts of such containers; and
   4. Shall not be stacked; and
   5. Shall abide by all setback requirements as required by city ordinances.
3. Exceptions for placement of shipping containers on construction sites in conjunction with an active building permit:
   1. A temporary permit for the placement of shipping container(s) may be issued in conjunction with an active building permit for a construction site in all zones. The temporary permit shall be valid for a period of one (1) calendar year from the date of issuance, or until the building permit expires, but may extended for an additional one hundred eighty (180) days, subject to the city’s official determination;
   2. Temporary containers shall be removed before the expiration date of the associated active building permit;
   3. Temporary shipping containers shall not be placed within the public right-of-way, and shall not be placed in such a manner so as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon;
   4. All temporary shipping containers shall be placed on the construction site associated with the active building permit;
   5. All temporary shipping containers shall be placed a minimum of five (5) feet away from all adjacent property lines and public rights-of-way;
   6. Temporary shipping containers shall not be stacked;
   7. Temporary shipping containers shall be secured at night time and maintained in good condition.
4. Emergency placement of shipping containers:
   1. In the event of a natural hazard, accident or other emergency or disaster which has resulted in significant damage to a property or structure within city limits, and subject to the Mayor’s discretion, the emergency placement of shipping containers shall be permitted. A temporary permit for the emergency placement of shipping container(s) may be issued by the city and shall be valid for a period of one (1) calendar year from the date of issuance, but may be extended for additional one hundred eighty (180) days, subject to the Mayor’s discretion.

ARTICLE V:  REGULATIONS FOR THE INSTALLATION AND MAINTENACE OF FENCES AND HANDRAILS

1. Fences:
   1. All fences on the premises shall be structurally sound, able to withstand wind gusts up to seventy (70) miles per hour, and constructed of metal fencing material, wood, masonry or other inert material. Such fences shall be maintained so that they do not constitute a blighting factor for the adjoining property nor an element leading to the progressive deterioration and downgrading of the neighborhood values. The property owner and occupant shall be responsible for compliance with the provisions of this Article.
   2. No person shall place or permit to be placed or remain along and adjacent to any public street, alley or other public place any fence composed in whole or in part of barbed wire.
   3. No fence, hedge or shrub planting which obstructs sight lines at heights above two (2) feet and six (6) inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street line, or, in the case of the rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley. No tree shall be permitted to remain within such a distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
2. No fence constructed of metal fencing material, wood, masonry or other inert material shall be more than eight (8) feet in height.
3. Handrails:
   1. Structurally sound handrails shall be provided on any steps containing four (4) risers or more. If steps are not enclosed, handrails and balusters spaced no more than eight (8) inches apart shall be provided.
   2. Porches and/or balconies located more than three (3) feet higher than the adjacent areas shall have structurally sound protective handrails, thirty (30) to thirty-six (36) inches high and, if unenclosed, balusters spaced no more than eight (8) inches apart shall also be provided.
   3. The property owner shall be responsible for compliance.

ARTICLE VI: PERMITS AND FEES

A permit shall be required for all construction of dwellings and accessory buildings. Permit fees shall be established by the Board of Aldermen.

ARTICLE VII: ENFORCEMENT OFFICER

Any law enforcement officer, the Mayor or their designee(s) is authorized to enforce the provisions of this ordinance and issue notices, citations or take abatement procedures, as provided therein.

ARTICLE VII: PENALTIES

Should any owner or occupant violate the provisions of this ordinance, they shall be deemed guilty of an ordinance violation, which shall be punishable by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).

SECTION 2.  The provisions of this Ordinance are severable. If any section, sentence, or part of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other sections, sentences, or parts of this Ordinance which can be given effect without the invalid section, sentence, or part.

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

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

Read two times and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri, this 13^th day of February, 2019.

(Seal)

______________________________

Jason Rich, Mayor

Ayes: Kassner, Pilcher, Robb

Nays: None                                                                                                                                         Humble Absent

Attest:

________________________

Brittany Schenker, City Clerk

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING MOBILE HOMES AND RECREATIONAL VEHICLES WITHIN THE CITY OF RICH HILL, MISSOURI.

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri, desires to amend Ordinance No. 1656 regulating mobile homes and recreational vehicles within the City of Rich Hill, Missouri.

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

SECTION 1. That Ordinance No. 1656 of the City of Rich Hill, Missouri, is hereby amended to read as follows:

ARTICLE I: DEFINITIONS

Mobile Home – a factory-built structure more than eight (8) feet in width and forty (40) feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its own running gear and designed to be used as a single-family dwelling unit or units with or without a permanent foundation. These units, also commonly described as manufactured homes, shall be regulated by the United States Department of Housing and Urban Development.

Recreational Vehicle – a portable unit mounted on wheels or attached to a vehicle but not mounted on a permanent foundation. The unit is designed to provide temporary living quarters for recreational, camping or travel use and is of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Such units are commonly described as RVs, travel trailers, campers, motor homes or other similar units, whether they are self-propelled or pulled, or can be hauled without a special permit.

ARTICLE II: MOBILE HOMES

Section 1 – Mobile Homes not permitted on streets or alleys

A Mobile Home shall not be temporarily or permanently parked or located on any public street or alley within the city limits.

Section 2 – Mobile Homes regulated based on the requirements of this Section

a. The owner and occupier of any Mobile Home which is located for the first time within the City on or after August 22, 2017, or is relocated from or within the corporate city limits on or after August 22, 2017, shall comply with the requirements of this Article. The owner and occupier of any such Mobile Home shall file an application for and obtain a permit from the City before any such occupancy and/or relocation is permitted.  Said application shall be on a form that substantially contains the following information, any of which may be waived by the City if not applicable:

(i) The name(s) and address(es) of the owner and occupier of the Mobile Home;

(ii) The telephone number(s) of the owner and occupier of the Mobile Home;

(iii) The year, make and model of the Mobile Home;

(iv) The address where the Mobile Home shall be located within the City;

(v) Satisfactory evidence that the Mobile Home bears the proper seal required by      the laws of the State of Missouri evidencing compliance with Chapter 700 of the Missouri Revised Statutes; and

(vi) Drawings from a licensed structural engineer for footings and a foundation to support the weight of the Mobile Home listed in subsection (iii) and method for bolting the home to the foundation that complies with Section 700.065 of the Missouri Revised Statutes and regulations promulgated thereunder.

b) Mobile Homes shall be rated for Thermal Zone 3.

c) Mobile Homes shall not be more than five (5) years old, shall not have paint that is chipping or peeling from its sides or roof and it shall not have any rust or rust stains.

d) The footings shall be inspected prior to pouring concrete, and the foundation shall be inspected prior to pouring concrete.

e) Mobile Homes shall be supported on a continuous, engineered concrete and rebar footing and foundation. The foundation shall be designed of either rebar and concrete or rebar and masonry blocks so that the vertical rebar ties the footing and foundation together to support the weight of the longitudinal I-beams under the trailer. An additional masonry wall shall be permanently constructed with mortar along the perimeter. These perimeter walls shall be constructed as a continuous wall under the total length of all sided of the trailer to a height equal to the bottom of the trailer.

f) Two or more Mobile Homes shall not be attached together, nor shall any Mobile Home be attached to any other structure.

g) All axles, wheels and trailer tongue shall be removed.

h) Mobile Homes shall be inspected by the City Superintendent, or other authorized city personnel, and a record of findings shall be filed with the City Clerk.

i.)An inspection fee shall be set by the Board of Alderman by Resolution and shall be paid to the City along with any application.  An application shall not be deemed to have been completed until an inspection fee is paid.

Section 3 – Mobile Homes shall be anchored

All Mobile Homes located within the City shall be anchored and tied down in accordance with the requirements of Section 700.065 of the Missouri Revised Statutes and the regulations promulgated thereunder.

Section 4 – Seal

No person shall own or occupy a Mobile Home manufactured after January 1, 1974, within the City that does not at all time bear the proper seal required by the provisions of Chapter 700 of the Missouri Revised Statutes.

Section 5 – Skirting

Unless otherwise regulated or exempted, Mobile Homes affixed inside the city limits prior to February 13, 2019, shall have skirting attached to the trailer made of at least 5/16-inch-thick cement fiber board or at least 1 ½-inch-thick foam backed vinyl. Beginning February 13, 2019, skirting, as described in this Section, shall not be permitted on new Mobile Homes, and any new Mobile Home to be affixed within the city limits must meet all requirements in Sections 1 through 4.

Section 6 – Mobile Homes used for temporary job site offices

a) Applications shall be made in writing to the Board of Alderman for the use of Mobile Homes or trailers to be used for temporary job site offices.

b)All applications shall be individually addressed by the Board, and shall be approved at the discretion of the Board.

c) Applications shall include work site location, date work shall begin for the project, and timeline for completion of the project. The project shall have a completion date competitive with industry standards.

d) Any project expected to last longer than three (3) months shall have phase dates. Each phase date a report shall be made to the Board.

e) Any project not completed by the project completion date shall file an extension with the Board.

f) Mobile Homes or trailers shall not have paint that is chipping or peeling from its sides or roof and shall not have any rust or rust stains.

g) Mobile Homes or trailers shall be anchored and tied down in accordance with the requirements of Section 700.065 of the Missouri Revised Statutes and the regulations promulgated thereunder.

h) Mobile Homes or trailers shall bear the proper seal required by the provisions of Chapter 700 of the Missouri Revised Statutes.

i) Mobile Homes or trailers shall have skirting attached to the trailer made of at least five sixteenths (5/16) inch thick cement fiber board or at least one and one half (1 ½) inch thick foam backed vinyl.

j) Mobile Homes or trailers shall be inspected by the City Superintendent, or other authorized city personnel, and a record of findings shall be filed.

k) An inspection fee shall be set by the Board of Alderman by Resolution, and shall be paid to the City.

l) In no event shall an application authorized in this Section be approved for longer than eighteen (18) months. Should a project exceed eighteen (18) months, a new application must be submitted to the Board of Aldermen.

            Section 7 – Violations and penalties

a) Any person, including but not limited to the owner or tenant of a property upon which a Mobile Home is situated, who pleads guilty or is found guilty of violating the provisions of this Ordinance within a given 12-month period, beginning with the first conviction, shall be fined as follows:

First conviction                                             $200 including court costs

Second conviction                                          $275 including court costs

Third conviction                                            $350 including court costs

Fourth and subsequent convictions                $450 including court costs

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

ARTICLE III – RECREATIONAL VEHICLES

 Section 1 – Recreational Vehicles 

a) A Recreational Vehicle shall not be occupied as a permanent or temporary residence within city limits unless a permit is approved for building a new home.

b) A Recreational Vehicle may be stored on property within city limits, provided the following criteria are met:

(i) The Recreational Vehicle owner and property owner are the same person.

(ii) The Recreational Vehicle has no visible rust, rust stains, weather checked tires or partially attached molding.

(iii) Only one (1) Recreational Vehicle may be stored by an owner and only one (1) Recreational Vehicle may be stored on any lot, parcel, or property.

(iv) All Recreational Vehicles shall be stored on gravel and kept clear of weeds and grass.

(v) No utilities shall be hooked up to the Recreational Vehicle.

c) Permits allowing for the use of a Recreational Vehicle as a temporary residence may be approved, provided the following criteria are met:

(i) The property owner is in the process of building a new home with a minimum living space of one thousand five hundred (1,500) square feet.

(ii) The Recreational Vehicle is owned by the property owner and is situated on the property of the owner.

(iii) The property owner has a plan showing a timeline of progression stages with a projected completion date from start to finish not more than six (6) months.

(iv) The Recreational Vehicle may not be occupied prior to fourteen (14) days before construction start date.

(v) For the construction of homes over two thousand five hundred (2,500) square feet that require more than six (6) months of construction, permit extensions may be approved by the Board of Alderman at their discretion.

(vi) Permit extensions due to completion date failure may be approved by the Board of Alderman at their discretion.

Section 2 – Violations and penalties

a) Any person, including but not limited to the owner or tenant of a property upon which a Recreational Vehicle is situated, who pleads guilty or is found guilty of violating the provisions of this Ordinance within a given 12-month period, beginning with the first conviction, shall be fined as follows:

First conviction                                              $200 includes court costs

Second conviction                                         $275 including court costs

Third conviction                                            $350 including court costs

Fourth and subsequent convictions                $450 including court costs

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

SECTION 2. The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this ordinance that can be given effect without the invalid part or parts.

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

SECTION 4. This Ordinance shall be in force and affect from and after its passage and approval as provided by law.

SECTION 5. This ordinance repeals and replaces Ordinance 1656, enacted on August 22, 2017, which replaced Ordinance No. 1612, enacted on September 27, 2016; which replaced Ordinance No. 1321, enacted on September 9, 2008; which replaced Ordinance No. 1297, enacted November 13, 2007; which replaced Ordinance No. 1295, enacted September 11, 2007; which replaced Ordinance No. 1290, enacted July 17, 2007; which replaced Ordinance No. 1285, enacted June 12, 2007.

Read two times and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri, this 13th day of February, 2019.

________________________________

Jason Rich, Mayor

ATTEST:

_________________________________

Brittany Schenker, City Clerk

AYES: Kassner, Pilcher, Robb

NAYS: None

Humble Absent