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         Ordinance No. 1358 is hereby repealed; as a result, the City shall not rent out city equipment for individual or business use.[i]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

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING PARKS WITHIN THE CITY OF RICH HILL, MISSOURI.

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri, desires to adopt regulations pertaining to parks 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 pertaining to parks within the city limits of Rich Hill, Missouri.

Section 1 – Hours

1. All parks shall be closed from midnight (12:00 a.m.) to sunrise.
2. A permit shall be obtained from the City Clerk to approve the use of any park from the hours of midnight (12:00 a.m.) to sunrise.
   1. The City Clerk shall provide a copy of all permits to the Chief of Police and the Mayor.
   2. Permit fees shall be established by the Board of Aldermen by Resolution and shall be paid to the City.

Section 2 – Reservation of Shelter Houses and Band Stand

1. A permit shall be obtained from the City Clerk to reserve the large shelter house and/or the small shelter house in Prospect Park, also referred to as the East Park, or the band stand in Park Place, also referred to as the West Park.
   1. Permits shall be issued on a first come first serve basis.
   2. A copy of each permit shall be available for inspection during the time of the reservation.
   3. Permit fees shall be established by the Board of Aldermen by Resolution and shall be paid to the City.

Section 3 – Fireworks

It shall be unlawful for any person to ignite fireworks in any City park.

Section 4 – Alcoholic Beverages

1. It shall be unlawful for anyone to have or consume alcoholic beverage in or at any City park.
2. The Board of Alderman may grant an exception if an application is made to the Board of Aldermen for a special event.
   1. The organization hosting the event must obtain a picnic license issued pursuant to Section 311.482, RSMo, from the State of Missouri.
   2. The organization hosting the event must have a written agreement with the City, which shall be approved by the Board of Aldermen. The written agreement shall include the area for the event and consumption and insurance requirements for the event holder.

Section 5 – Driving

1. It shall be unlawful for anyone to drive motorized vehicles in any City park.
2. This rule shall not apply to any City employee acting within the course and scope of his or her employment.
3. The Mayor or his/her authorized representative may authorize the use of vehicles, ATVs, and UTVs in the City parks during an event when a written agreement for the event has been approved by the Board of Aldermen.

Section 6 – Animals Prohibited at Public Functions; Exceptions

1. Except as set forth in sub-section (2) below, no animal shall be allowed to be present at any function being held within a City park generally open to the public at which ten (10) or more persons are present.
2. The provision of sub-section (1) above shall not apply to:
   1. Any certified seeing eye dogs, hearing dogs, governmental police dogs, or other certified dogs that are trained to assist the physically handicapped.
   2. Any animal that is participating in a pet parade or other exhibition sponsored by the organization that is holding a public function, however, at the conclusion of any such parade or exhibition, the pet shall be removed from the immediate area of the function.

Section 7 – Grills Prohibited at Public Functions; Exceptions

1. It shall be unlawful for any person to operate or place an open, closed, portable, or ground fire grill in any City park. Any exceptions to this provision are specifically set forth in the sub-section (2) below.
2. Exceptions to this Section are as follows;
   1. A permit obtained at City Hall.
      1. Permits shall be issued on a first come first serve basis and in conjunction with the reservation permits for the shelter houses and band stand.
      2. No permit shall be issued for a location during the time of a special event.
   2. Grilling shall be allowed only in designated areas.
   3. Extreme caution shall be exercised when lighting the grill so as to prevent flames from elevating to an excessive height. Hot ashes or cinders shall be deposited into noncombustible container free of all combustible material and away from combustible construction.

Section 8 – Penalties

Any person, firm, or corporation violating this Ordinance shall, upon conviction, be fined in an amount not exceeding $500.00 and court costs, or imprisoned not more than ninety (90) days, or a combination of both fine and imprisonment.

SECTION 2. All ordinances conflicting in whole or in part with the provisions of this Ordinance are hereby repealed to the extent of the conflict.[i]

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.  This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen and approval by the Mayor, and shall remain in effect until amended or repealed by the Board of Aldermen.

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.

Ayes: Kassner, Pilcher, Robb

Nays: None

Humble Absent

______________________________

Jason Rich, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

SEAL

 

[i] For informational purposes, this Ordinance repeals and replaces the following:   Ordinance 1536, enacted March 3, 2016: which replaced Ordinance 1418, enacted September 9, 2014, which replaced Ordinance No. 1416, enacted May 27, 2014, which replaced Ordinance No. 1236, enacted June 14, 2005, which replaced Ordinance No. 1235, enacted May 24, 2005, which replaced Ordinance No. 1111, enacted September 12, 2000, which replaced Ordinance No. 0944, enacted September 10, 1985.

 

AN ORDINANCE REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI, ESTABLISHING LICENSE FEES, IMPOUNDMENT FEES AND PENALTIES.

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 provisions regulating the keeping of animals within the city limits of Rich Hill, Missouri:

ARTICLE I – Animals in General

Section 1 – Definitions

Section 2 – Exemptions

Section 3 – Responsibility for damages

Section 4 – Parental responsibility; responsibility of other household members

Section 5 – Enforcement

Section 6 – Power to impound or kill

Section 7 – Right of entry

Section 8 – Penalty

Section 9 – Reserved

ARTICLE II – License and Vaccination Requirements

Section 10 – License requirements and fees

Section 11 – Disposition of license fees

Section 12 – Vaccination requirements

Sections 13 and 14 – Reserved

ARTICLE III – Impoundment

Section 15 – Holding period for impounded animals

Section 16 – Exemption from holding period

Section 17 – Notice to owner; public notice

Section 18 – Impoundment fee

Section 19 – Unclaimed animals

Section 20 – Reserved

ARTICLE IV – Rabies Control

Section 21 – Inoculation required

Section 22 – Order of quarantine

Section 23 – Dogs and cats to be confined

Sections 24 – Quarantine of animals

Section 25 – Reserved

ARTICLE V – Owning and keeping animals

Section 26 – Number of animals

Section 27 – Wild animals

Section 28 – Exotic animals

Section 29 – Vicious dogs or animals

Section 30 – Other domestic animals

ARTICLE VI – Responsibilities and Requirements; Prohibitions

Section 35 – Presumption

Section 36 – Containment on owner’s property; use of leash

Section 37 – Animals prohibited at public functions; exceptions

Section 38 – Confinement of female animals in heat

Section 39 – Animal waste

Section 40 – Abandonment of animals

Section 41 – Animal Neglect

Section 42 – Animal Abuse

Section 43 – Public Nuisance

Section 44 – Police dogs

Section 45 – Impede enforcement

Sections 46 through 48 – Reserved

ARTICLE I – ANIMALS IN GENERAL

SECTION 1 – Definitions

The following words, terms, phrases and their derivations have the following definitions unless the context specifically indicates otherwise:

Adequate care:  Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal

Adequate control:  To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property

Animal:  Every live, vertebrate creature, both domestic and wild, other than humans

Animal shelter:  A facility that is used to house or contain animals and is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection and humane treatment of animals

At large: Off the premises of the owner and not under the adequate control of the owner or a member of the owner’s immediate family, either by leash or voice command

Bite:  The use of an animal’s mouth and/or teeth against a human being or a domestic animal

Cat:  All domestic animals of the feline species, both male and female

Chief of Police:  The Chief of Police of the City of Rich Hill, Missouri, and his authorized representatives

Dangerous animal:  Any animal that attacks, bites or physically injures human beings, domestic animals or livestock without adequate provocation; or because of temperament or training has a known propensity to attack, bite, confront, chase, menace or physically injure human beings, domestic animals or livestock without provocation.  Any animal, wild or domesticated, that without provocation has bitten or attacked a human being or other animal shall be presumed to be vicious or dangerous.

Domestic animal: Any animal that is domesticated as opposed to wild, free-roaming, except dogs, cats and chickens

Dog: All domestic animals of the canine species, both male and female

Exotic animal:  Any non-domesticated animal, not occurring naturally in the City, either presently or historically, excluding dogs, cats and domestic animals as defined herein. Exotic animals include, but shall be limited to, the following: animals of the ape species, leopards, lions, tigers, bobcats, panthers, venomous or poisonous animals, alligators and crocodiles

Farm animal:  An animal raised on a farm or ranch and used or intended for use in farm or ranch production or as food or fiber

Harboring:  Offering asylum, refuge or sanctuary to any animal on a basis so temporary as to not be deemed to be owning, keeping or maintain such animal

Humane killing:  The destruction of an animal in a manner that minimizes the suffering endured by the animal to the greatest extent possible under the circumstances.  Animals killed during the feeding of pet carnivores shall be considered humanely killed

Livestock: Any domestic or exotic animal kept to be raised for pleasure or a farm animal used for   profit or food.  Livestock shall include, but not be limited to, horses, mules, donkeys, jackasses, sheep, pigs, goats, bulls, heifers, cows, fowl and rabbits

Owner:  Any person owning, keeping, maintaining or otherwise having the care of control of an animal

Owning, keeping or maintaining: Feeding or sheltering any animal for three (3) or more consecutive days or professing ownership of such animal

Person:  Any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity

Pests:  Birds, rabbits or rodents that damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior or any endangered species listed in the Wildlife Code of Missouri

Public Nuisance:  Any animal or group of animals which:

a. Repeatedly runs at large; or

b. Trespasses on and damages the property of anyone other than its owners or those who control or harbor it; or

c. Molests or intimidates pedestrians or passersby;

d. Chases vehicles;

e. Excessively makes noises including, but not limited to, continued repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

f. Causes fouling of the air by an odor that creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

g. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

h. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or

i. Attacks other domestic animals without provocation; or

j. Is diseased; or

k. Impedes refuse collection by ripping any bag or tipping any refuge container.

Service dog: Any dog that has been specially trained to do work or perform tasks which benefit a particular person with a disability

Unaltered: Not surgically spayed or neutered by a licensed veterinarian

Vicious dog:

a. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or

b. Any dog which, because of its size, physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this Ordinance; or

c. Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal;

d. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or

e. Any dog determined at a municipal court proceeding to be a vicious dog pursuant to this ordinance

Wild Animal:  Any living member of the animal kingdom, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild captive-bred species of common cage birds and any animal for which the owner has previously obtained a permit from the State Department of Conservation.

SECTION 2 – Exemptions

The provisions of this Ordinance shall not apply to:

a. Care or treatment performed by a licensed veterinarian practicing pursuant to Chapter 340 of the Missouri Revised Statutes;

b. Bona fide scientific experiments;

c. Hunting, fishing or trapping as allowed pursuant to Chapter 252 of the Missouri Revised Statutes, including all practices and privileges as allowed under the Missouri Wildlife Code;

d. Rodeo practices currently accepted by the Professional Rodeo Cowboys Association;

e. The lawful, humane killing of an animal by its owner, or an agent of the owner, by a veterinarian at the request of the owner;

f. The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian or law enforcement or health official;

g. Normal or accepted practices of animal husbandry with respect to farm animals;

h. The killing of an animal by any person at any time if such animal is outside of the owned or rented property of its owner or custodian and the animal is injuring any person or farm animal. This provision shall not include police or guard dogs while on-duty or working;

i. The killing of house or garden pests.

SECTION 3 – Responsibility for damage

The owners of animals in the City shall be responsible for any damage caused by his or her animal(s).

SECTION 4 – Parental responsibility; responsibility of other household members

a. The parent or guardian of a minor child shall be responsible for the adequate care and adequate control of any animal owned by, in control of or harbored by that minor child.

b. Every household member, other than a minor child, shall be held responsible for the adequate care and adequate control of any animal owned by, in control of or harbored by any other household member.

SECTION 5 – Enforcement

a. The Chief of Police shall carry out the enforcement of this Ordinance.

b. Police officers shall also enforce the provisions of this Ordinance.

c. If no officers are available Monday through Friday, during the eight (8) a.m. to five (5) p.m. work shift, then the Wastewater plant operator shall be called out to pick up the animal.

d. If the Wastewater plant operator is not available, then a member of the City Crew shall be called to pick up the animal.

SECTION 6 – Power to impound or kill

a. The Chief of Police may declare that any animal is a public nuisance animal by virtue of being a menace to the public health, welfare and safety.

(1)       Before finding that the animal is a public nuisance, the Chief of Police shall investigate the complaint to ascertain whether the animal in question is a public nuisance and/or a bother to the inhabitants of the neighborhood.

(2)       If the Chief of Police finds a nuisance exists, the custodian of the animal shall be issued a citation to appear before the Municipal Court.

(3)       The Chief of Police is authorized to impound any animal that is found to be a public nuisance, including those animals found to be running at large.

b. A dog may be declared vicious by the Chief of Police and any police officer acting in his capacity as a peace officer for the City.

(1)       The owner of any dog declared vicious shall be notified that their animal has been designated as vicious and will receive a written notice and/or citation to that effect.

(2)       Upon being declared vicious, the animal shall be removed and impounded.

c. The Chief of Police is authorized to kill any vicious dog that cannot be caught safely with reasonable effort, when that dog is otherwise required to be impounded by the provisions of this Ordinance.

d. The Chief of Police may impound an animal under the following circumstances:

(1)       When, in the Chief’s opinion, an animal is found to be a public nuisance animal;

(2)       Any unrestrained (running at large) and unlicensed animals shall be taken and impounded in an animal shelter and confined therein in a humane manner;

(3)       Any dog involved in a fatal attack on a human being or an attack that results in severe injury to a human being, whether provoked or unprovoked, shall be confiscated and taken to a licensed veterinarian’s office for a 10-day observation period;

(4)       Any livestock, swine or fowl found within the City running at large shall be taken and impounded;

(5)       Any animal found to be a danger to the public health, welfare or safety;

(6)       Any animal found to be diseased or disabled;

(7)       Any animal that shows evidence of neglect or abuse.

SECTION 7 – Right of entry

a. The Chief of Police shall have the right to enter onto any property or premises to capture any animal that is on the property or premises in violation of this Ordinance and whose presence on the property or premises constitutes a violation of any of the provisions of this Ordinance.

b. The Chief of Police shall have the right to enter onto any property or premises to examine or capture any animal suspected of having rabies, being exposed to rabies, biting a person or other another animal, or appears to be the subject of immediate danger due to animal abuse or neglect pursuant to Section 41 and Section 42 in this Ordinance.

SECTION 8 – Penalty

a. Upon entering a guilty plea or upon a finding of guilt, the Court may impose a fine not to exceed five hundred dollars ($500), confinement not to exceed ninety (90) days or both a fine and confinement.

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

c. In addition to a fine and/or confinement, the Court may order additional fees to be paid as costs including, but not limited to, impoundment fees for food and shelter and fees to a veterinarian for observation, euthanasia services, etc.

d. Reimbursement to those who have suffered damages as a result of an animal owner’s or custodian’s actions may also be imposed in addition to any fine or confinement.

SECTION 9 – Reserved

ARTICLE II – License and Vaccination Requirements

Section 10 – License requirements

Section 11 – Disposition of license fees

Section 12 – Vaccination requirements

Sections 13 and 14 – Reserved

ARTICLE II – LICENSE AND VACCINATION REQUIRMENTS

SECTION 10 – License requirements

a. Any person owning, keeping, harboring or having custody of any animal over six (6) months of age shall obtain a license as herein provided. This provision shall not apply to small caged birds or to aquatic and amphibious animals kept solely as pets.

b. Written application for licenses shall be made to the City on a form promulgated by the City Clerk. The application shall state the name, address and telephone number of the applicant and the names of all adult members of the household, proof of current rabies vaccination for any dog or cat from a licensed veterinarian or anti-rabies clinic, the name, breed, color, sex and distinguishing marks of the dog or cat. The full license fee shall be paid at the time an application is submitted to the licensing authority.

c. Licenses for dogs and cats shall be valid for a period of one (1) year. Applications for a license shall be made and the license obtained on or before the first day of June of each year for the succeeding twelve (12) month period. This requirement shall not apply to a non-resident keeping a dog or cat within the City less than sixty (60) days.

d. Tag and collar required:

(1)       Upon payment of the license fee, the licensing authority shall issue to the owner a license certificate and a metallic tag for each dog or cat so licensed.  The shape of the tag or color shall be changed every year and shall have stamped thereon the year for which the license is issued and the number corresponding to the number on the certificate.

(2)       Every owner shall provide each animal with a collar to which the license tag must be affixed and shall ensure that the collar and tag are constantly worn.  In case a tag is lost or destroyed, a duplicate shall be issued by the licensing authority upon presentation of a receipt showing payment of the license fee for the current year and payment of a one-dollar ($1.00) replacement fee.

(3)       Tags shall not be transferable from one animal to another, and no refund shall be made on any license fee because of the death of an animal or the owner’s leaving the City before the expiration of the licensed period.

e. License fees shall not be required for any certified service dog that is trained as an aid to a handicapped person and is regularly used in the service of and by a handicapped person.

f. The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public at all times.

g. A license shall be issued after payment of the following application fee:

Un-neutered male dog           $ 10.00

Neutered male dog                 $   5.00

Un-neutered male cat             $ 10.00

Neutered male cat                   $   5.00

Un-spayed female dog            $ 10.00

Spayed female dog                 $   5.00

Un-spayed female cat             $ 10.00

Spayed female cat                  $   5.00

h. No person shall use any license for any animal other than the animal for which it was issued.

i. No person shall keep, or permit to be kept, any wild animal as a pet unless they have first obtained a permit or license from the State Department of Conservation. The licensing authority shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.

SECTION 11 – Disposition of collected fees

All license fees collected by the City shall be used to carry out the provisions and intentions of this Ordinance.

SECTION 12 – Vaccination requirements

a. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest “Compendium of Animal Rabies Vaccines and Recommendations for Immunization” published by the National Association of State Public Health Veterinarians.

b. If a chicken embryo or other three (3) year type vaccine approved by the health officer is administered, the animal shall be inoculated at least once every three (3) years. If another vaccine, approved by the health officer, is administered, then such animals shall be vaccinated at the frequency approved by the health officer for the vaccine.

c. Tag worn by animal is evidence of inoculation:

(1)       At the time of the vaccination of any animal pursuant to this Ordinance, the person performing the vaccination shall deliver to the owner of the animal the tag obtained from the health officer as evidence of such inoculation.

(2)       Every owner of a vaccinated animal shall attach the tag evidencing rabies vaccination and registration to the collar or harness of the vaccinated animal and such collar or harness shall be worn by the animal at all times.

(3)       Any animal without a tag shall be deemed to be not vaccinated.

SECTIONS 13 and 14 – Reserved

ARTICLE III – Impoundment

Section 15 – Holding period for impounded animals

Section 16 – Exemption from holding period

Section 17 – Notice to owner; public notice

Section 18 – Impoundment fee

Section 19 – Unclaimed animals

Section 20 – Reserved

ARTICLE III – IMPOUNDMENT

SECTION 15 – Holding period for impounded animals

a. Impounded animals at large shall not be kept less than five (5) working days.

b. Livestock, swine or fowl shall not be kept less than five (5) working days and if not claimed after that five (5) day period, may be removed from the City.

c. If an animal is not claimed within ten (10) working days, the animal may be euthanized in a humane manner.

d. Vicious animals shall not be kept less than ten (10) working days.

SECTION 16 – Exemption from holding period

a. Any animal that was obtained directly from an owner, along with a written request from said owner for the disposal of their animal may be exempted from the five (5) day holding requirement.

b. A dog or cat may be offered for adoption or otherwise disposed of by the City after a minimum of twenty-four (24) hours.

c. An owner requesting the disposition of an animal shall pay a one hundred-dollar ($100) fee for disposing of the dog or cat at the time the animal is taken into custody.

d. Any animal presented for euthanasia by its owner or any animal suffering from disease, emaciation or injury may be destroyed by euthanasia prior to the completion any required holding period pursuant to this Article

SECTION 17 – Notice to owner; public notice

If, by a license tag or other means, the owner of an impounded animal can be identified, the Chief of Police shall, upon impoundment, immediately notify the owner by telephone or certified mail; otherwise, a description of such animal shall be posted at City Hall where it shall be readily available for public view.

SECTION 18 – Impoundment fee

a. An owner reclaiming an impounded dog shall pay the following fees:

(1)       An impoundment fee of fifty-five dollars ($55.00); and

(2)       Three dollars ($3.00) for each day their animal has been impounded; and

(3)       A bond of fifty dollars ($50.00) on those dogs not licensed.  The owner shall have thirty (30) days from the date of the bond to provide proof of current vaccinations and the purchase of a license. Once a license is purchased, the bond shall be refunded and mailed to the owner with five (5) days. Failure to provide proof of current vaccinations and the purchase of a license within the thirty (30) days will result in bond forfeiture.

(4)       Subsequent impounds occurring within twelve (12) months shall result in an impound fee of one hundred dollars ($100.00). The per day fee and bond fee shall remain as listed above.

b. All impoundment fees collected by the City shall be used to carry out the provisions and intentions of this Ordinance.

SECTION 19 – Unclaimed animals

a. Any animal not reclaimed by its owner after ten (10) working days shall become the property of the City and shall be placed for adoption, transferred to a licensed animal shelter or humanely euthanized.

b. If someone other than the verified owner of the dog or cat or any other animal impounded wishes to adopt or purchase an animal at the end of the animal’s holding period, they must first produce a contract from a qualified veterinarian to have the animal spayed or neutered and pay a thirty-five-dollar ($35.00) adoption fee.

c. Vicious animals may be redeemed after ten (10) days of observation by a veterinarian if the animal has caused physical injury to a person or another animal, or absent any physical injury to a person or another animal, after the first five (5) days of impoundment after an adequate showing that the animal shall be removed from the City after the owner has paid all impoundment fees. Subsequent impounds occurring within twelve (12) months shall be charged double.

SECTION 20 – Reserved

ARTICLE IV – Rabies Control

Section 21 – Inoculation required

Section 22 – Order of quarantine

Section 23 –Dogs and cats to be confined

Sections 24 – Quarantine of animals

Section 25 – Reserved

ARTICLE IV – RABIES CONTROL

SECTION 21 – Inoculation required

No person shall own, keep, harbor or maintain any dog or cat within the City which has not been vaccinated with the rabies vaccine by a licensed veterinarian. No license tag required by this Ordinance shall be issued until the owner of the animal furnishes a certificate, signed by a licensed veterinarian, showing that the animal has been inoculated against rabies. This certificate shall be deemed current if it does not expire within ninety (90) days of the beginning of the current license year. Recognition shall be given to a certificate which indicates a three (3) year inoculation period for dogs and cats, if signed by a licensed veterinarian.

SECTION 22 – Order of quarantine

a. For the protection of the public peace, health, welfare and safety against the rabies disease, the Board of Aldermen shall have the power and authority at any time it shall deem it necessary to issue an order to quarantine.

b. Any person who owns, controls, possesses, or has custody of any animal exposed to rabies shall comply strictly with such quarantine order.

c. Notice of a quarantine order shall be posted in at least 6 public places within the City or by publication in a newspaper within the City.

d. The Board of Aldermen shall have the power and authority at any time to cancel and recall an order of quarantine.

SECTION 23 – Dogs and cats to be confined

During the time any quarantine order enacted by the Board of Aldermen shall be and remain in force, all persons residing within the City owning cats and/or dogs shall keep said cats and/or dogs confined upon their premises, unless the cat and/or dog shall be attached to a leash not more than six (6) feet long, held by a competent person.

SECTION 24 – Quarantine of animals

a. Owners or keepers of any animal that:

• Has bitten a human being other than the owner or keeper; or
• Acts in a suspicious manner suggesting rabies; or
• Is inclined towards viciousness either on the premises of its owner, keeper, or elsewhere, irrespective of whether such animal is vaccinated or licensed, shall be quarantined and held for observation at a veterinarian’s office for ten (10) calendar days.

b. The impounded animal shall be kept in such a manner that neither human beings nor animals can be bitten during the period of observation.

c. If, at the end of the ten (10) day observation period, the animal is found to be suffering from rabies or to be of such nature as to endanger the public generally, the humane officer shall cause the animal, after examination by a licensed veterinarian, to be destroyed in a humane manner. If, at the end of the ten (10) day observation period, the animal is not afflicted, it may be released to its owner upon payment of all fees and costs accrued by the detention of such animal.  If the owner fails to retrieve their animal and pay all associated fees and costs within two (2) days after notification that the animal is eligible for release, the animal may become the property of the veterinarian, be placed for adoption, transferred to a licensed animal shelter or humanely euthanized.  If euthanized, the owner shall pay the euthanasia fee.

SECTION 25 – Reserved

ARTICLE V – Owning and keeping animals

Section 26 – Number of animals

Section 27 – Wild animals

Section 28 – Exotic animals

Section 29 – Vicious dogs or animals

Section 30 – Other domestic animals

Section 31 – Keeping of livestock or swine restricted; exceptions

Section 32 – Laying hens

ARTICLE V – OWNING AND KEEPING ANIMALS

SECTION 26 – Number of animals

a. It shall be unlawful to own, keep or harbor as pets more than four (4) dogs or cats, or a combination thereof, over the age of six (6) months inside a human dwelling house or yard.

SECTION 27 – Wild animals

a. No person shall own, possess or have custody on his premises any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee, unless the person has previously obtained a permit from the Missouri Department of Conservation.  The Department has the authority to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.

b. This section shall not be construed to apply to American Association of Zoological Parks and Aquariums (AAZPA) accredited facilities.

SECTION 28 – Exotic animals

It shall be unlawful for any person to possess, keep, maintain or have under his or her control any exotic animal within the City limits, unless expressly authorized by this Ordinance.

SECTION 29 – Vicious dogs or animals

a. It shall be unlawful to keep, harbor, own or in any way possess, or bring within the corporate limits of the City, any vicious dog.

b. The Chief of Police or by court order may have a vicious animal impounded:

(1)       At the end of the impoundment, the owner may claim the animal after paying all associated fees or costs, or have the animal humanely euthanized at their own expense.

(2)       If the animal is released to the owner, it shall, at the owner’s expense, either be microchipped or a tattoo shall be placed in the ear of the animal so that proper identification can be made. The owner shall then remove the animal from the City to be in compliance with this ordinance.

(3)       If the animal is not claimed at the end of ten (10) working days, it may be humanely euthanized at the owner’s expense.

c. If the owner refuses to remove the vicious animal from the City, the Court may find the owner in contempt and order the immediate confiscation and impoundment, destruction or removal of the animal from the City.

SECTION 30 – Other domestic animals

a. It shall be unlawful for any person to possess, keep, maintain or have under his or her control any horse, mule, ass, cattle, sheep, swine, goat, chicken, turkey, rabbit, guinea pig or any other animal or fowl not commonly kept as a pet within the limits of the City unless expressly authorized by this Ordinance,

b. The provisions of this Section shall not apply to the owner or occupant of any tract of real estate that lies partially within and partially outside the City limits and is used for agricultural purposes. Provided, however, that this Section shall apply to all tracts lying within the City if the agricultural uses are abandoned, discontinued or ceased for a continuous period of one (1) year. Properties that have not lost their agricultural uses shall have a fence with the posts no more than eight (8) feet apart and a fence at least six (6) feet tall.  Rails between the posts shall not be more than eighteen (18) inches apart.

SECTION 31 – Keeping of livestock or swine restricted; exceptions

a. The provisions of this Section shall not apply to the owner or occupant of any tract of real estate that lies partially within and partially outside the City limits and is used for agricultural purposes; provided, however, that this Section shall apply to all tracts lying within the City if the agricultural uses are abandoned, discontinued or ceased for a continuous period of one (1) year. Properties that have not lost their agricultural uses shall have a fence with the posts no more than eight (8) feet apart and a fence at least six (6) feet tall.  Rails between the posts shall not be more than eighteen (18) inches apart.

b. No person shall keep, harbor, provide shelter for or feed any livestock, swine or fowl within the City limits for any continuous period of time exceeding twenty-four (24) hours during any calendar quarter.

c. Future Farmers of America (FFA) and 4-H members shall be permitted to have livestock (one animal per enrolled member) within the City limits as long as they meet the following requirements and obtain a written permit from City Hall:

(1)       Each FFA and/or 4-H member shall submit a letter of good standing from the organization of which they are a member; and

(2)       Each FFA and/or 4-H member shall obtain the written agreement of all property owners within a one (1) block area of the property where the animal will be kept. This requirement is not fulfilled if there are any objections; and

(3)       Each FFA and/or 4-H member shall ensure that the animal is properly contained in a fence and has appropriate shelter at all times; and

(4)       Each FFA and/or 4-H member shall ensure that the animal does not remain on the property for more than four (4) months; and

(5)       The animal shall not exceed a weight of two hundred and fifty (250) pounds.  In the event the animal does exceed a weight of two hundred and fifty (250) pounds, the FFA and/or 4-H member shall obtain a special permit from the Board of Aldermen.

SECTION 32 – Laying hens

Laying hens, hereinafter referred to as fowl, may be kept pursuant to the following restrictions and requirements:

a. No person shall keep or maintain any fowl, within any enclosure that is within one hundred (100) feet of any residence or dwelling place other than that of the keeper thereof, and no more than twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet.

b. No roosters shall be kept within the City limits.

c. Fowl shall not be allowed to run at large and shall be restrained in a manner and by such means as will prevent the fowl from escaping, straying or running at large. Gates used to restrain fowl shall be kept closed with a chain and padlock to minimize vandalism.  Any fowl found running at large or not kept as required by this Section shall be subject to the impoundment provisions of this Ordinance.

d. Every person keeping or maintaining fowl shall keep the barn, shed or pen in which the fowl are kept or maintained in a clean and sanitary condition so that the same shall not emit foul or disagreeable odors. The keepers shall not permit any concentration of fowl droppings and feathers to occur.

e. Permitting carcasses of fowl to remain exposed after five (5) hours following death is hereby declared a nuisance and is prohibited.

SECTIONS 33 and 34 – Reserved

ARTICLE VI – Responsibilities and Requirements; Prohibitions

Section 35 – Presumption

Section 36 – Containment on owner’s property; use of leash

Section 37 – Animals prohibited at public functions; exceptions

Section 38 – Confinement of female animals in heat

Section 39 – Animal waste

Section 40 – Abandonment of animals

Section 41 – Animal Neglect

Section 42 – Animal Abuse

Section 43 – Public Nuisance

Section 44 – Impede enforcement

ARTICLE VI – RESPONSIBILITIES AND REQUIREMENTS; PROHIBITIONS

SECTION 35 – Presumption

In the prosecution charging a violation of this Ordinance, proof that at the time of the violation the defendant named in the complaint was the person who owned or was in control of the animal shall constitute prima facie evidence that the owner or the person in control of the animal was the person to be held responsible for the violation of any of provisions of this Ordinance.

SECTION 36 – Containment on owner’s property; use of leash

a. All dogs or cats within the City shall be leashed or securely penned on the owner’s property in such a way that said dog or cat is confined and unable to leave the property.

b. A cat or dog may be led on a leash not more than six (6) feet long.

c. A dog or cat may be contained on the owner’s property without a leash if the owner is present and the animal is at heel.

SECTION 37 – Animals prohibited at public functions; exceptions

a. Except as set forth in sub-section (b) below, no animal shall be present at any function within the City generally open to the public when ten (10) or more persons are present.

b. The provision of sub-section (a) above shall not apply to:

(1)       Certified seeing-eye dogs, hearing dogs, governmental police dogs, or other certified dogs that are trained to assist the physically handicapped; or

(2)        Any animal that is participating in a pet parade or other exhibition sponsored by the organization that is holding the public function. However, at the conclusion of any such parade or exhibition, the pet shall be removed from the immediate area of the function.

SECTION 38 – Confinement of female animals in heat

Every unaltered female animal, when in heat, shall be confined in a building or secure enclosure in such a manner that the female animal cannot come into contact with another animal except for planned breeding or create a nuisance by attracting other animals.

SECTION 39 – Animal waste

a. No person shall permit their animal, or an animal in their possession or control, to defecate at a location which is not the owner’s property;

b. The owner or the person in control of any animal shall remove any excreta deposited by his or her animal(s) on public walks, recreation areas or private property.

c. It shall not be a violation of this Section if feces is immediately cleaned up and placed in a trash receptacle or taken to a location where the owner may legally dispose of the feces.

SECTION 40 – Abandonment of animals

It shall be unlawful for any person to abandon any animal within the City limits or to permit any animal abandoned by him or her in the vicinity of the City limits to stray back in the City.

SECTION 41 – Animal neglect

a. Any person who has custody and/or ownership of an animal and fails to provide adequate care or control of the animal shall be found guilty of animal neglect.  It shall be unlawful to leave an animal tied out and unattended without sufficient food, water and shelter.

b. No owner or person who is responsible for the control and/or care of any animal shall neglect said animal. Animal neglect shall include, but is not limited to, the following:

(1)       Failure to provide the animal with sufficient and wholesome or nutritious food; or

(2)       Failure to provide veterinary care when needed to prevent suffering; or

(3)       Failure to provide humane care and treatment; and

(4)       Failure to provide a doghouse or shelter offering protection from the elements, (heat and cold, rain, sleet, snow, hail, etc.).  The shelter shall have bedding such as straw, cushion, sawdust, woodchips, etc.

c. Return of neglected animals:

If a person shall plead guilty to, or be convicted of animal neglect and the Court is satisfied that an animal owned or controlled by such person would be subject to future neglect, the animal shall not be returned to or allowed to remain with such person, and its disposition shall be determined by the Court.

SECTION 42 – Animal Abuse

a. No owner or person who is responsible for the control and/or care of any animal shall abuse said animal. Animal abuse includes, but shall not be limited to, the following:

(1)       Intentionally killing an animal in any manner prohibited other than those expressly exempted by the provisions of this Ordinance; or

(2)       Intentionally or cruelly beating, mistreating, tormenting, overloading, overworking, or otherwise abusing an animal or causing injury, suffering or pain to an animal; or

(3)       Abandoning an animal in any place without making provisions for its adequate care; or

(4)       Overworking or overloading an animal or driving or working an animal that is unfit to work; or

(5)       Instigating or permitting any dogfight, cockfight, bullfight or other combat

between animals or between animals and humans; or

(6)       Cropping an animal’s ears or tail, except by a licensed veterinarian; or

(7)       Exposing an animal to any known poisonous substance, whether mixed with food or not, so that it shall be likely to be eaten by that animal. It shall not be unlawful for a person to expose on their own property common rat poison mixed only with vegetable substances;

(8)       In the event a person operating a motor vehicle strikes a domestic animal, failing to report such injury or death to the appropriate local authority.

b. Return of abused animals:

If a person shall plead guilty to, or be convicted of animal abuse and the Court is satisfied that an animal owned or controlled by such person would be subject to future abuse, the animal shall not be returned to or allowed to remain with such person, and its disposition shall be determined by the Court.

SECTION 43 – Public nuisance

a. No one who owns, keeps, harbors or has control over any animal shall permit the animal to become a public nuisance animal. A public nuisance animal includes, but shall not limited to, any animal that:

(1)       Repeatedly runs at large; or

(2)       Trespasses on and damages the property of anyone other than its owners or those who control or harbor it; or

(3)       Molests or intimidates pedestrians or passersby;

(4)       Chases vehicles;

(5)       Excessively makes noises including, but not limited to, continued repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

(6)       Causes fouling of the air by an odor that creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

(7)       Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or

(8)       Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or

(9)       Attacks other domestic animals without provocation; or

(10)     Is diseased; or

(11)     Impedes refuse collection by ripping any bag or tipping any refuge container.

b. Any individual complaining about a public nuisance animal must be willing to sign a complaint and testify in court as to the offending animal or charges will not be pursued against the owner, keeper or person harboring the offending animal.

c. Any owner, keeper or anyone who harbors a public nuisance animal, upon a plea or finding of guilt, in addition to any fine imposed, shall abate the nuisance or pay restitution to the person injured by the nuisance.

SECTION 44 – Police Dogs

a. It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Rich Hill Police Department in the performance of its duties.

b. It shall be unlawful for any person to interfere with or meddle with any dog or any officer in the performance their duties.

SECTION 45 – Impede enforcement

It shall be unlawful for any person to conceal an animal or interfere with the Chief of Police or his authorized representative in the performance of his legal duty as provided in this Ordinance.

SECTION 46 – License Revocation

Any violation of this Ordinance shall constitute sufficient cause for revocation of such license.

Section 2. All ordinances or parts or ordinances in con­flict with this Ordinance arc hereby repealed to the extent of such conflict.

Section 3. The invalidity of any section, clause, sentence or provision 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 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval[1].

Read two times and passed this 13^th day of February 2019.

 

_______________________________________

Jason Rich, Mayor

 

ATTEST:

_______________________________________

Brittany Schenker, City Clerk

Ayes: Kassner, Pilcher, Robb

Nays: None

Humble Absent

[1] For informational purposes, this ordinance updates, supplements, and in some instances, repeals and replaces the following ordinances:  Ordinance 1659, enacted September 26, 2017; which repealed and replaced Ordinance 1534, enacted February 9, 2016; which repealed and replaced Ordinance 1509, enacted May 26, 2015; which repealed and replaced Ordinance 1501, enacted January 27, 2015: which repealed and replaced Ordinance 1395, enacted March 12, 2013: which repealed and replaced Ordinance 1394, enacted February 28, 2013; which repealed and replaced Ordinance 1371, enacted November 15, 2011: which repealed and replaced Ordinance 1325, enacted November 11, 2008; which repealed and replaced Ordinance 1283, enacted June 12, 2007: which repealed and replaced Ordinance 1267, enacted August 8, 2006; which repealed and replaced Ordinance 1222, enacted January 11, 2005; which repealed and replaced Ordinance 1212, enacted May 25, 2004; which repealed and replaced Ordinance 1181, enacted April 29, 2003; which repealed and replaced Ordinance 1161, enacted February 11, 2003;which repealed and replaced Ordinance 1089, enacted October 13, 1998; which repealed and replaced Ordinance 1088, enacted March 4, 1998; which repealed and replaced Ordinance 1047, enacted August 22, 1995; which repealed and replaced 1045, enacted May 23, 1995; which repealed and replaced Ordinance 1043, enacted April 25, 1995; which repealed and replaced Ordinance 1008, enacted March 10, 1992; which repealed and replaced Ordinance 0910; which repealed and replaced Ordinance 0889, enacted February 14, 1980; which repealed and replaced Ordinance 883, enacted October 23, 1979; which repealed and replaced Ordinance 0871, enacted February 12, 1979; which repealed and replaced Ordinance 0863, enacted June 26, 1987; which repealed and replaced Ordinance 0711, enacted April 11, 1972 and amended February 11, 1977; other reference Ordinance 521B, enacted July 13, 1971 and amended August 14, 1923.