Lake Waukomis City Code

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Title I:

Government Code

Chapter 115 CITY OFFICIALS ARTICLE I General Provisions Section 115.010. Elective Officers — Terms. The elective officers of the City shall be those set out in Section 105.020 of this Code. Section 115.020. Appointive Officers. [Ord. No. 414 §§1 — 2, 5-11-2011] The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a City Treasurer, City Attorney, Building Inspector and Marshal and such other officers as he/she may be authorized by ordinance to appoint, and if deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation. Section 115.025. Appointment and Terms of Office. [CC 1974 §2-37; Ord. No. 7 §1-702, 2-8-1958] The appointive officers shall be appointed at the first (1st) regular meeting of the Board of Aldermen after each annual election and shall hold their respective offices for a term of one (1) year and until their successors are duly appointed and qualified; provided, that Policemen may be appointed at such time and for such term as the Mayor and Board of Aldermen may state. All appointments, except those of Board of Health, members of committees and City Clerk shall be made by the Mayor with the consent and approval of a majority of the members of the Board of Aldermen. The Mayor shall appoint members of the Board of Health and various committees. The Board of Aldermen shall elect a City Clerk as prescribed in Section 115.090. Section 115.030. Removal of Officers. A. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office, for cause shown, any elective officer of the City, such officer being first given opportunity, together with his/her witnesses, to be heard before the Board of Aldermen sitting as a Board of Impeachment. Any elective officer, including the Mayor, may in like manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office any appointive officer of the City at will, and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals. B. Nothing in this Section shall be construed to authorize the Mayor, with the consent of the majority of all the members elected to the Board of Aldermen, or the Board of Aldermen by a two-thirds vote of all its members, to remove or discharge any "chief," as that term is defined in Section 106.273, RSMo. Section 115.040. Officers To Be Voters and Residents — Exceptions. All officers elected to offices or appointed to fill a vacancy in any elective office under the City Government shall be voters under the laws and Constitution of this State and the ordinances of the City except that the Municipal Judge and appointed officers need not be voters of the City. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes or forfeiture or defalcation in office. All officers, except the Municipal Judge and appointed officers, shall be residents of the City. Section 115.050. Officers' Oath — Bond. Every officer of the City and his/her assistants and every Alderman, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in the County, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State affecting Cities of this class, and the ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election, and before entering upon the discharge of the duties of his/her office, give bond to the City in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies belonging to the City, as provided by law, that may come into his/her hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation or to give bond as herein required, his/her office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City, to the use of such person. Section 115.060. Salaries Fixed By Ordinance. The Board of Aldermen shall fix the compensation of all the officers and employees of the City by ordinance. The salary of an officer shall not be changed during the time for which he/she was elected or appointed. Section 115.070. Vacancies in Certain Offices — How Filled. If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled. Section 115.080. Powers and Duties of Officers To Be Prescribed By Ordinance. The duties, powers and privileges of officers of every character in any way connected with the City Government, not herein defined, shall be prescribed by ordinance. Bonds may be required of any such officers for faithfulness in office in all respects. ARTICLE II City Clerk Section 115.090. City Clerk — Election — Duties. The Board of Aldermen shall elect a Clerk for such Board, to be known as "the City Clerk", whose duties and term of office shall be fixed by ordinance. Among other things, the City Clerk shall keep a journal of the proceedings of the Board of Aldermen. He/she shall safely and properly keep all the records and papers belonging to the City which may be entrusted to his/her care; he/she shall be the general accountant of the City; he/she is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the City. ARTICLE III City Treasurer Section 115.100. Treasurer — Duties — Bond. The Treasurer shall receive and safely keep all monies, warrants, books, bonds and obligations entrusted to his/her care and shall pay over all monies, bonds or other obligations of the City on warrants or orders duly drawn, passed or ordered by the Board of Aldermen and signed by the Mayor and attested by the City Clerk and having the Seal of the City affixed thereto and not otherwise and shall perform such other duties as may be required of him/her by ordinance. Before entering upon the duties of his/her office, he/she shall give bond in the amount of twenty-five thousand dollars ($25,000.00). ARTICLE IV City Collector Section 115.110. City Collector — Bond — Duties. [CC 1974 §§2-46 — 2-47; Ord. No. 6 §1-607, 2-8-1958] A. Bond. The City Collector shall, before entering on the discharge of his/her official duties, execute a bond to the City in such amount as shall be determined by the Board of Aldermen by resolution, with two (2) or more sufficient sureties to be approved by the Board of Aldermen. The condition of such bond shall be that he/she will promptly, honestly and faithfully discharge the duties of his/her office, account for and pay over to the City Treasurer all money which shall come into his/her hands for the City and shall at least once a month turn over to the City Treasurer all money belonging to the City received by him/her for all sources. B. Duties. The City Collector shall report to the City Treasurer monthly all money received and collected by him/her from all sources which may be levied by law or ordinances, all licenses of every description authorized by this Code and other City ordinances to be collected and all money belonging to the City which may come into his/her hands. He/she shall designate to the City Treasurer the funds to which such money belongs and shall take from the City Treasurer two (2) receipts for such money, specifying the funds to which the money belongs, one (1) of such receipts he/she shall file with the City Clerk and the other shall be kept by him/her. The City Collector shall report to the Board of Aldermen at the regular meeting in each month all the taxes collected on the real and personal delinquent lists and he/she shall pay the same into the City Treasury and shall receive credit therefor. He/she shall turn over to his/her successor in office all uncollected delinquent lists receiving credit therefor and his/her successor shall be charged therewith; provided, that the Board of Aldermen may declare worthless any and all personal delinquent taxes which they may deem uncollectible. The City Collector shall report to the Board of Aldermen, in writing, at any time when called upon to do so the amount of money that has come into his/her hands as City Collector, the time when and the sources from which he/she received such money, the amounts paid over by him/her to the City Treasurer with the dates of such payments and the amount, if any, still remaining in his/her hands. ARTICLE V City Attorney Section 115.120. City Attorney. [CC 1974 §§2-49 — 2-51; Ord. No. 7 §1-705, 2-8-1958] A. Qualifications. The City Attorney shall be at least thirty (30) years of age, a licensed and practicing attorney and shall have been so licensed to practice for not less than five (5) years prior to his/her appointment. B. Powers And Duties. The City Attorney shall prosecute or defend as the case may require all suits in which the City is interested, representing the City generally in all matters of law; draw all contracts, ordinances and legal documents which may be required of him/her by the Board of Aldermen; give his/her opinion in matters of law in which the City is interested and perform such other services incident to his/her office as may be required of him/her by the Board or any officers of the City. C. Vacancy In Office, Etc. — Compensation For Special Counsel. The Mayor and the Board of Aldermen may by ordinance employ a special counsel to represent the City or assist the City Attorney in case of vacancy in the office of the City Attorney or for any other good cause shown. Such person shall receive a reasonable compensation to be provided by ordinance or resolution. ARTICLE VI Director of Water Safety Section 115.130. Director of Water Safety — Appointment — Duties. [CC 1974 §§2-60 — 2-62; Ord. No. 120 §§1 — 2, 4, 6-15-1976] A. Appointment. There is hereby established in the City of Lake Waukomis the position of Director of Water Safety and the Director shall be appointed by the Mayor with the approval of the Board of Aldermen. B. Duties. 1. It shall be the duty of the Director of Water Safety to establish, conduct and carry out training and educational programs in water safety for the use and benefit of the residents of the City of Lake Waukomis in the use of the waters of Lake Waukomis and the Director shall aid and assist the residents of the City in establishing and practicing good safety habits and uses in their use of the waters of Lake Waukomis for recreational purposes. 2. The Director shall enforce all ordinances and provisions thereof pertaining to the use of the waters of Lake Waukomis and shall see that the rules and regulations pertaining thereto promulgated by the Board of Aldermen are enforced and obeyed. 3. The Director of Water Safety shall have such other duties as shall be prescribed by the Board of Aldermen by resolution from time to time. ARTICLE VII Miscellaneous Provisions Section 115.140. Officers To Report Receipts and Expenditures. It shall be the duty of all the officers of the City to report annually to the Board of Aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices and such other matters as may be required by the Board of Aldermen by ordinance, resolution or otherwise. Section 115.150. Mayor or Board May Inspect Books and Records of Officers. The Mayor or Board of Aldermen shall have power, as often as he/she or they may deem it necessary, to require any officer of the City to exhibit his/her accounts or other papers or records and to make report to the Board of Aldermen, in writing, touching any matter relating to his/her office.

Chapter 105 ELECTIONS Section 105.010. Conformance of City Elections With State Law. All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo. Section 105.020. Date of Municipal Election. [Ord. No. 414 §1, 5-11-2011] A. A municipal election for the qualified voters of this City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year. B. On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of Lake Waukomis shall be held for the purpose of electing a Mayor, Collector and one (1) Alderman from each ward who shall hold their office for a term of two (2) years and until their successors are elected and qualified. C. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of Lake Waukomis shall be held for the purpose of electing one (1) Alderman from each ward and a Municipal Judge who shall hold their offices for a term of two (2) years and until their successors are elected and qualified. D. (Reserved) Section 105.030. Declaration of Candidacy — Dates For Filing. Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M. on the sixteenth (16th) Tuesday prior to nor later than 5:00 P.M. on the eleventh (11th) Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order. Section 105.035. Candidates For Municipal Office — No Arrearage For Municipal Taxes or User Fees Permitted. No person shall be a candidate for municipal office unless such person complies with the provisions of Section 115.346, RSMo., regarding payment of municipal taxes or user fees. Section 105.040. Declaration of Candidacy — Notice To Public. The City Clerk shall, on or before the sixteenth (16th) Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing, and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City. Section 105.050. Declaration of Candidacy — Form. The form of said written declaration of candidacy shall be substantially as follows: DECLARATION OF CANDIDACY STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) I, ____________________________, being first duly sworn, state that I reside at ____________________________, City of Lake Waukomis, County of Platte, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of ____________________________, to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April, ______, and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office and state that I will serve as such officer, if elected. Signed: __________ Subscribed and sworn to before me this ______ day of __________________, ______. __________ City Clerk City of Lake Waukomis (SEAL) Section 105.060. Notice of Elections. In City elections, the City Clerk shall notify the County Election Board prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election except as noted in Section 115.125.1, RSMo. The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published including the sample ballot. The notice and any other information required by this Section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the tenth (10th) Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission. Section 105.070. Division of City Into Wards. [CC 1974 §§7-1 — 7-3; Ord. No. 3 §§1-301 — 1-303, 2-8-1958] A. The City shall be and is hereby declared to be divided into two (2) wards, to be known as "First Ward" and "Second Ward". 1. First Ward. All that part of the City constituting blocks A, B, C and lots A and B of block D and lots 34 to 58 inclusive of block D and all unplatted portions lying north and east and adjacent to such blocks and lots described in this Section (all lying and being in the subdivision known as Lake Waukomis) shall be and is hereby declared to be the First Ward. 2. Second Ward. All that part of the City constituting blocks G, F, E and all that part of block D which shall include lots 1 to 33 inclusive and lots 59 to 80 inclusive of block D, together with all of the land lying south and adjacent to such lots and blocks described in this Section (all lying and being in the subdivision known as Lake Waukomis), shall be and is hereby declared to be the Second Ward.

Chapter 125

MUNICIPAL COURT

ARTICLE I

General Provisions [1]

Section 125.010. Court Established.

There is hereby established in the City of Lake Waukomis a Municipal Court to be known as the "Lake Waukomis Municipal Court, a Division of the 6th Judicial Circuit Court of the State of Missouri". In the event a Police Court existed prior to the establishment of a Municipal Court, this Court is a continuation of the Police Court of the City as previously established and is termed herein "The Municipal Court".

Section 125.020. Jurisdiction.

Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. "Heard and determined", for purposes of this Chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.

Section 125.030. Municipal Judge — Oath of Office — Qualifications. [CC 1974 §14-3; Ord. No. 60 §2, 11-12-1964]

The Municipal Judge shall qualify within fifteen (15) days after he/she has received his/her certificate of election from the City Clerk by taking and subscribing to the oath of office required by law. He/she shall possess all qualifications of the person elected and eligible to the office of Mayor.

Section 125.040. Municipal Judge — Vacation of Office.

A. The Municipal Judge shall vacate his/her office under the following conditions:

1. Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12;

2. Upon attaining his/her seventy-fifth (75th) birthday; or

3. If he/she should lose his/her license to practice law within the State of Missouri.

Section 125.050. Municipal Judge — Qualifications For Office.

A. The Municipal Judge shall possess the following qualifications before he/she shall take office:

1. He/she must be a licensed attorney, qualified to practice law within the State of Missouri.

2. He/she need not reside within the City.

3. He/she must be a resident of the State of Missouri.

4. He/she must be between the ages of twenty-one (21) and seventy-five (75) years.

5. He/she may serve as a Municipal Judge for any other municipality.

6. He/she may not hold any other office within the City Government.

7. The Municipal Judge shall be considered holding a part-time position and as such may accept other employment.

Section 125.060. Superintending Authority.

The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.

Section 125.070. Report To Board of Aldermen.

The Municipal Judge shall cause the Court Clerk to prepare, within the first ten (10) days of every month, a report indicating the following:

A list of all cases heard or tried before the Judge during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of costs, the names of defendants committed, and the cases in which there was an application for trial de novo, respectively. The Court Clerk or the Judge shall verify such lists and statements by affidavit and shall file the same with the City Clerk who shall lay the same before the Board of Aldermen of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding month, if not previously paid to the Municipal Treasurer.

Section 125.080. Docket and Court Records.

The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Platte County. The Municipal Judge shall deliver said docket, records and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the Circuit.

Section 125.090. Municipal Judge — Powers and Duties Generally.

A. The Municipal Judge shall be and is hereby authorized to:

1. Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.

2. Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine and imprison for contempt committed before him/her while holding Court in the same manner and to the same extent as a Circuit Judge.

3. Stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.

4. Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court, and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.

5. The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City.

Section 125.100. Compensation.

The Municipal Judge for the City of Lake Waukomis shall be paid a sum as fixed by ordinance from time to time.

Section 125.110. Prosecutions Based On Information Only, Proceedings.

All prosecutions for the violation of municipal ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the Supreme Court rules governing practice and procedure in proceedings before Municipal Judges.

Section 125.120. Violations Bureau.

Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same.

Section 125.130. Issuance and Execution of Warrants.

All warrants issued by a Municipal Judge shall be directed to the City Marshal or any other Police Officer of the municipality or to the Sheriff of the County. The warrants shall be executed by the Marshal, Police Officer or Sheriff at any place within the limits of the County and not elsewhere, unless the warrants are endorsed in the manner provided for warrants in criminal cases and, when so endorsed, shall be served in other Counties as provided for in warrants in criminal cases.

Section 125.140. Arrests Without Warrants.

The City Marshal or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.

Section 125.150. Jury Trials.

Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury as in prosecutions for misdemeanors before an Associate Circuit Court Judge. Whenever a defendant accused of a violation of a municipal ordinance has a right to and demands such trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.

Section 125.160. Duties of The City's Prosecuting Attorney.

It shall be the duty of an attorney designated by the City to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the number of cases tried, the number of guilty verdicts reached, or the amount of fines imposed or collected.

Section 125.170. Summoning of Witnesses.

It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Court Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance, but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.

Section 125.180. Municipal Judge Without Jurisdiction, When.

A. If, in the progress of any trial before the Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Court Judge of the County.

B. For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.

Section 125.190. Jailing of Defendants.

If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the Board of such prisoner at the same rate as may now or hereafter be allowed by law to such Sheriff for the keeping of other prisoners in his/her custody. The same shall be taxed as cost.

Section 125.200. Parole and Probation.

A. Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.

B. In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:

1. Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and

2. The performance of a designated amount of free work for a public or charitable purpose or purposes as determined by the Judge.

C. A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.

D. The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

Section 125.210. Right of Appeal.

In any case tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Court Judge or upon assignment before an Associate Circuit Court Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rule.

Section 125.220. Appeal From Jury Verdicts.

In any case tried with a jury before an Associate Circuit Judge, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.

Section 125.230. Breach of Recognizance.

In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Court Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a Circuit Court Judge or Associate Circuit Court Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to Municipal Treasury to the General Revenue Fund of the municipality.

Section 125.240. Disqualification of Municipal Judge From Hearing A Particular Case.

A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.

Section 125.250. Absence of Judge — Procedure.

If a Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.

Section 125.260. Failure To Appear in Municipal Court.

A. A person commits the offense of failure to appear in Municipal Court if:

1. He/she has been issued a summons for a violation of any ordinance of the City of Lake Waukomis and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;

2. He/she has been released upon recognition of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;

3. He/she has been placed on Court supervised probation and fails to appear before the Judge of the Municipal Court at the time specified by said Judge as a condition of the probation.

B. Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt.

ARTICLE II

Court Clerk

Section 125.270. Office Established.

There is hereby established the office of Court Clerk for the City of Lake Waukomis Municipal Division of the Platte County Circuit Court.

Section 125.280. Selection and Term of Court Clerk.

The Court Clerk shall be appointed by the Mayor with the consent of a majority of the members of the Board of Aldermen to serve for an unspecified term at the will of the Mayor and Board of Aldermen.

Section 125.290. Hours and Authorization of Compensation.

The Court Clerk shall attend all sessions of the Lake Waukomis Municipal Division of the 6th Judicial Circuit Court and may be required to be present at the Lake Waukomis City Hall to perform the duties of the office at such additional times as the Mayor or Board of Aldermen may specify. Compensation for the Court Clerk shall be established by ordinance from time to time.

Section 125.300. Duties.

A. The Court Clerk's duties shall include the following:

1. To prepare and maintain the Municipal Court docket;

2. To log and file all tickets, information, complaints, summonses, bonds, bond receipts and reports;

3. To prepare all warrants, summonses, bonds, bond forfeitures and notices pertaining to same;

4. To receipt and account for all bonds, fines, costs or other monies paid to the Municipal Court;

5. To deliver monies collected in Court to the City Clerk for deposit into appropriate City accounts;

6. To maintain and respond to all correspondence directed to the Municipal Court;

7. To prepare and forward to the Director of Revenue all records of moving violations as required by law;

8. To report to City Treasurer each month on the amount of Crime Victims' Compensation (CVC) Fund and any other funds collected for distribution to parties or entities other than the City in association with Court proceedings;

9. To serve as the Violations Clerk for the Lake Waukomis Municipal Division of the 6th Judicial Circuit Court and receive entries of appearance, waivers of appearance, pleas of guilty, and payments of fines and costs in accord with the laws of the State of Missouri and the rules of the Circuit Court for Platte County;

10. To administer oaths and affirmations; and

11. To perform such other duties as may be directed by the Judge of the Municipal Division.

Section 125.310. Bond.

Within fifteen (15) days after appointment and before entering upon the discharge of the above-described duties of office, the Court Clerk shall give bond to the City in the sum of twenty-five thousand dollars ($25,000.00) conditioned upon the faithful performance of said duties and the said Court Clerk will pay over all monies belonging to the City, as provided by law, that may come into the Court Clerk's hands.

ARTICLE III

Fines and Court Costs

Section 125.320. Installment Payment of Fine.

When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.

Section 125.330. Court Costs.

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Lake Waukomis Municipal Division of the 6th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:

1. Costs of Court in the amount of twelve dollars ($12.00).

2. Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.

a. Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.

b. One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.

3. Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:

a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

b. Five percent (5%) shall be paid to the City Treasury.

4. There may also be assessed a two dollar ($2.00) cost per case for each criminal case and each County or municipal ordinance violation case for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.

5. Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.

6. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.

7. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.

8. Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (9) hereof.

9. Reimbursement of certain costs of arrest.

a. Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Lake Waukomis involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.

b. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.

c. The Marshal may establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.

d. Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.



[1]. Cross Reference — As to election of the municipal judge, §105.020. Editor's Note — As to certain violations concerning an accused with special needs, §479.040, RSMo.

Chapter 135

PERSONNEL

ARTICLE I

Social Security

Section 135.010. Extended To Certain Employees and Officials. [CC 1974 §17-26; Ord. No. 110 §2, 1-25-1973]

It is hereby declared to be the policy and purpose of the City to extend to all eligible employees and officials of the City who are not excluded by law or by this Article and whether employed in connection with a governmental or proprietary function of the City, the benefits of the system of Federal Old-Age and Survivors Insurance as authorized by the Social Security Amendments of 1950 and by Section 105.300 et seq., RSMo., and amendments thereof, as the same may be now and hereafter in effect.

Section 135.020. Persons Authorized To Execute and Implement Plan. [CC 1974 §17-27; Ord. No. 110 §3, 1-25-1973]

The Mayor and the City Clerk are hereby authorized and directed, on behalf of this City, to prepare, execute and submit to the Division of Budget and Comptroller of the State, as State agency, a plan and agreement for extending benefits to eligible employees and officials of the City, in the form prepared by the State agency and hereby approved and adopted by the Board of Aldermen, which plan and agreement are to become effective upon approval thereof by the State agency and are further authorized and directed to execute agreements and modifications and amendments thereof with the State agency providing for the extension of benefits to employees and officials as set forth in the plan and agreement as provided for in Section 135.010, such plan and agreement to provide that the extension of benefits is to be effective on July 1, 1972.

Section 135.030. Deductions From Wages. [CC 1974 §17-28; Ord. No. 110 §4, 1-25-1973]

There shall be deducted from the wages of all employees and officials of the City, to whom the benefits of the system of Federal Old-Age and Survivors Insurance are extended by virtue of the plan and agreement hereinbefore provided for, the amount of each of the employees' and officials' contributions as determined by the applicable State and Federal laws and by the plan and agreement, the aggregate amount of the deductions to be paid into the Contributions Fund created by Section 105.300 et seq., RSMo.

Section 135.040. Contributions By City. [CC 1974 §17-29; Ord. No. 110 §5, 1-25-1973]

There is hereby authorized to be appropriated from the general revenue funds of the City and there shall be appropriated the sum of money necessary to pay the contributions of the City, which shall be due and payable by virtue of the extension of the benefits of the Federal Old-Age and Survivors Insurance System to the eligible employees and officials of the City, such sum of money to be paid into the Contributions Fund created by Section 105.300 et seq., RSMo. The fund from which the appropriation is made shall, at all times, be sufficient to pay the contributions of the City directed by this Section to be paid to the Contributions Fund.

Section 135.050. Administration of Plan. [CC 1974 §17-30; Ord. No. 110 §6, 1-25-1973]

The City shall fully comply with and shall keep such records, make such reports and provide such methods of administration of the plan and agreement as may be required by all applicable State and Federal laws, rules and regulations now and hereafter in effect with respect to the extension of the benefits of the Federal Old-Age and Survivors Insurance System to the employees and officials of this City. For the purpose of administering the plan and agreement, the City Clerk shall be the official who shall make all required reports, keep all records and be responsible for the administration of the plan and agreement on behalf of this City and all notices and communications from the State agency to this City with respect to the plan and agreement shall be addressed to "City Clerk, City of Lake Waukomis, 1147 South Shore Drive, Lake Waukomis, Missouri 64151".

ARTICLE II

Health Care Benefits

Section 135.060. Full-Time Benefits. [Ord. No. 291 §§I — II, 12-11-2002]

A. The Board of Aldermen hereby approve the following health care benefits for the City full-time employees:

1. The City of Lake Waukomis, Missouri, will pay eighty percent (80%) of the health care premiums for the full-time employees only and the full-time employees will be required to pay twenty percent (20%) of said premium.

2. The Board of Aldermen of the City of Lake Waukomis, Missouri, shall approve the insurance company and premium annually.

3. A full-time employee is an employee who works and is compensated for thirty-two (32) hours per week or one hundred thirty-seven (137) hours per month.

B. The Board of Aldermen hereby approves the following short-term disability plan for the City full- time employees:

1. The City of Lake Waukomis, Missouri, will provide two (2) weeks sick leave annually.

2. The two (2) weeks sick leave cannot be carried over to the following year if the two (2) weeks are not used in any given year.

3. Should a full-time employee require more than two (2) weeks sick leave, the City of Lake Waukomis will pay eighty percent (80%) of the full-time employee's wages for an additional four (4) weeks upon receipt of written verification of the full-time employee's physician.

4. A full-time employee is an employee who works and is compensated for thirty-two (32) hours per week or one hundred thirty-seven (137) hours per month.

ARTICLE III

Personnel Policy and Procedures Manual

Section 135.070. Personnel Policy. [Ord. No. 231, 8-13-1997]

A copy of the Personnel Policy and Procedures Manual adopted by Ordinance Number 231 on August 13, 1997, is on file in the office of the City Clerk.

Chapter 110 MAYOR AND BOARD OF ALDERMEN Cross References — Building inspector, §§500.070 et seq.; emergency management generally, ch. 225; municipal elections, ch. 105; finance and taxation generally, ch. 130; board of health, §§217.020 et seq.; municipal court generally, ch. 125; municipal judge, §§125.030 et seq.; personnel generally, ch. 135; establishment of water department, §700.010; zoning commission, §§400.050 et seq.; zoning enforcement officer, §§400.070 et seq.; zoning board of adjustment, §§400.180 et seq. ARTICLE I Mayor and Board of Aldermen — Generally Section 110.010. Aldermen — Qualifications. No person shall be an Alderman unless he/she be at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected. Section 110.015. Concurrent Board Memberships Prohibited. [Ord. No. 233 §§1 — 3, 10-8-1997] A. Any member of the Board of Aldermen of the City of Lake Waukomis who is currently serving as a member of the Board of Directors of the Lake Waukomis Association shall be entitled to serve the balance of his/her term as a member of the Board of Aldermen and the balance of his/her term as a member of the Board of Directors of the Lake Waukomis Association. B. At least sixty (60) days prior to the expiration of the term of any member of the Board of Aldermen who is also serving as a member of the Board of Directors of the Lake Waukomis Association, such member of the Board of Aldermen shall, by written notice to the Clerk of the City of Lake Waukomis, select the office, if any, to which the member will seek re-election. C. Subject to the exceptions set forth in Subsections (A) and (B) of this Section, the Mayor and the members of the Board of Aldermen are prohibited from serving as a member of the Board of Directors of the Lake Waukomis Association during the term of their office as Mayor or members of the Board of Aldermen. Section 110.020. Mayor — Qualifications. No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election. Section 110.030. Board To Select An Acting President — Term. The Board shall elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year. Section 110.040. Acting President To Perform Duties of Mayor — When. When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed or, in case of temporary absence, until the Mayor's return. Section 110.050. Mayor and Board — Duties. The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same. Section 110.060. Mayor May Sit in Board. The Mayor shall have a seat in and preside over the Board of Aldermen but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the officers and affairs of the City and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with. Section 110.070. Ordinances — Procedure To Enact. The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Lake Waukomis, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Board of Aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor, or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto as herein provided. Section 110.080. Bills Must Be Signed — Mayor's Veto. Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature. Section 110.090. Board To Keep Journal of Proceedings. The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business. Section 110.100. Board Shall Publish Semi-Annual Statements. The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City. Section 110.110. No Money of City To Be Disbursed Until Statement Is Published — Penalty. In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation. Section 110.120. Board May Compel Attendance of Witnesses — Mayor To Administer Oaths. The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses. Section 110.130. Mayor To Sign Commissions. The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance. Section 110.140. Mayor Shall Have The Power To Enforce Laws. The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws. Section 110.150. Mayor — Communications To Board. The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City. Section 110.160. Mayor May Remit Fine — Grant Pardon. The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City. ARTICLE II Board of Aldermen Meetings Section 110.170. Regular Meetings. [CC 1974 §2-10; Ord. No. 86 §2, 3-12-1969] The Board of Aldermen of the City of Lake Waukomis, Missouri, shall meet in regular session in the City Hall at 7:30 P.M. on the second (2nd) Wednesday of each month. Section 110.180. Special Meetings. [CC 1974 §2-11; Ord. No. 9 §1-902, 2-8-1958] A. Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy of this Code. B. The Mayor shall call special meetings of the Board of Aldermen whenever in his/her opinion the public business may require it or at the express written request of any two (2) members of the Board. Whenever a special meeting shall be called, a summons or a notice, in writing, signed by the Mayor, shall be served upon each member of the Board either in person or by notice left at his/her place of residence. Such summons or notice shall state the date and hour of the meeting and the purpose for which such meeting is called and no business shall be transacted at such meeting, except such as is stated in such summons or notice. Section 110.190. Quorum Must Be Present. At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. A majority of the members elected to the Board shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present. Section 110.200. Order of Business — Rules. [CC 1974 §2-17] The Board of Aldermen shall by resolution establish the order in which business of the Board of Aldermen shall be brought before the Board for consideration and disposition at each meeting. The Board hereby adopts Roberts Rules Of Order for the conduct of their meetings.

ARTICLE I

City Incorporation and Seal

Section 100.010. Municipal Incorporation.

The inhabitants of the City of Lake Waukomis, as its limits now are or may hereafter be defined by law, shall be and continue a body corporate by the name of "The City of Lake Waukomis" and as such shall have perpetual succession, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatever; may receive and hold property, both real and personal, within such City and may purchase, receive and hold real estate within or without such City for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire; may receive bequests, gifts and donations of all kinds of property; and may have and hold one (1) common Seal and may break, change or alter the same at pleasure; and may do any act, exercise any power and render any service which contributes to the general welfare, and all courts of this State shall take judicial notice thereof.

Section 100.015. Corporate Limits Described. [CC 1974 §1-10; Ord. No. 2 §1-201, 2-8-1958]

The corporate limits of the City are hereby declared to embrace and include the following described property: Lake Waukomis, a subdivision of land in Platte County, according to the recorded plats thereof, which plats are Recorded in the Recorder's office in and for the County.

Section 100.020. City Seal. [CC 1974 §1-9; Ord. No. 4 §1-401, 2-8-1958]

The common Seal of the City shall be circular in form, encircled with the words "City of Lake Waukomis, Missouri" and inscribed in the center with the word "Seal".

Section 100.025. City Jail Designated. [CC 1974 §1-8; Ord. No. 14 §3-112, 2-8-1958]

For the purpose of carrying out the provisions of this Code and other ordinances of the City, the common jail of Platte County is designated as the City Jail.

ARTICLE II

General Code Provisions

Section 100.030. Contents of Code.

This Code contains all ordinances of a general and permanent nature of the City of Lake Waukomis, Missouri, and includes ordinances dealing with municipal administration, municipal elections, building and property regulation, business and occupations, health and sanitation, public order and similar subjects.

Section 100.040. Citation of Code.

This Code may be known and cited as the "Municipal Code of the City of Lake Waukomis, Missouri".

Section 100.050. Official Copy of Code.

The Official Copy of this Code, bearing the signature of the Mayor and attestation of the City Clerk as to its adoption, shall be kept on file in the office of the City Clerk. Two (2) additional copies of this Code shall be kept in the City Clerk's office available for public inspection.

Section 100.060. Altering or Amending Code.

A. It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.220 of this Code. B. This provision shall not apply to amendments, additions or deletions to this Code, duly passed by the Board of Aldermen, which may be prepared by the City Clerk for insertion in this Code. Section 100.070. Numbering of Code. Each Section number of this Code shall consist of two (2) parts separated by a period; the figure before the period referring to the Chapter number, and the figure after the period referring to the position of the Section in the Chapter.

Section 100.080. Definitions and Rules of Construction. [CC 1974 §1-2]

A. In the construction of this Code and of all other ordinances of the City, the following definitions shall be observed, unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the Board of Aldermen, or unless the context clearly requires otherwise: ACTS BY AGENTS — When a provision of this Code requires an act to be done which may by law as well be done by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent. BOARD OF ALDERMEN — The Board of Aldermen of the City of Lake Waukomis, Missouri. CERTIFIED MAIL OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED — Includes certified mail carried by the United States Postal Service or any parcel or letter carried by an overnight, express or ground delivery service that allows a sender or recipient to electronically track its location and provides a record of the signature of the recipient. CITY — The words "the City" or "this City" or "City" shall mean the City of Lake Waukomis, Missouri. COUNTY — The words "the County" or "this County" or "County" shall mean the County of Platte, Missouri. DAY — A day of twenty-four (24) hours beginning at 12:00 Midnight. DIRECTOR OF PUBLIC SAFETY — The City Marshal or other Chief Law Enforcement Officer. MAY — Is permissive. MAYOR — An officer of the City known as the Mayor of the Board of Aldermen of the City of Lake Waukomis, Missouri. MONTH — A calendar month. OATH — Includes an affirmation in all cases in which an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed". OWNER — The word "owner", as applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land. PERSON — May extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. PERSONAL PROPERTY — Includes money, goods, chattels, things in action and evidences of debt. PRECEDING, FOLLOWING — When used by way of reference to any Section of this Code, shall mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference. PROPERTY — Includes real and personal property. PUBLIC WAY — Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare. REAL PROPERTY — The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with lands, tenements and hereditaments. REASONABLE TIME — In all cases where any Section of this Code shall require any act to be done in a "reasonable time" or "reasonable notice" to be given, such "reasonable time" or "notice" shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice. SHALL — Is mandatory. SIDEWALK — That portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians. STATE — The words "the State" or "this State" or "State" shall mean the State of Missouri. STREET — Includes any highway, street, avenue, boulevard, parkway, alley or other thoroughfare, and each of such words shall include all of them. TENANT, OCCUPANT — The words "tenant" or "occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. WEEK — The word "week" shall be construed to mean seven (7) days; but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one (1) insertion in each week, unless specifically stated to be for each day of the week or for more than one (1) day in each week; and all publications heretofore made in accordance with the terms of this definition are hereby validated. WRITING, WRITTEN, IN WRITING AND WRITING WORD FOR WORD — Includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his/her mark, is intended. YEAR — A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord". B. Newspaper. Whenever in this Code or other ordinance of the City it is required that notice be published in the "official newspaper" or a "newspaper of general circulation published in the City", and if there is no newspaper published within the City, the said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication. Such newspaper shall not include an advertising circular or other medium for which no subscription list is maintained.

Section 100.090. Words and Phrases — How Construed.

Words and phrases shall be taken in their plain or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

Section 100.100. Headings.

The headings of the Chapters and Sections of this Code are intended as guides and not as part of this Code for purposes of interpretation or construction.

Section 100.110. Continuation of Prior Ordinances.

The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.

Section 100.120. Effect of Repeal of Ordinance.

No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any ordinance provision is repealed or amended, shall be affected by the repeal or amendment, but the trial and punishment of all such offenses and the recovery of the fines, penalties or forfeitures shall be had, in all respects, as if the provision had not been repealed or amended, except that all such proceedings shall be conducted according to existing procedural laws.

Section 100.130. Repealing Ordinance Repealed — Former Ordinance Not Revived — When.

When an ordinance repealing a former ordinance, clause or provision is itself repealed, it does not revive the former ordinance, clause or provision, unless it is otherwise expressly provided; nor shall any ordinance repealing any former ordinance, clause or provision abate, annul or in anywise affect any proceedings had or commenced under or by virtue of the ordinance so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing ordinance had not passed, unless it is otherwise expressly provided.

Section 100.140. Severability.

It is hereby declared to be the intention of the Board of Aldermen that the Chapters, Sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, Section or Chapter of this Code shaIaIthev siecereat tv siecjudgdertion Seter if alcurtior lcmpe intcjur tdi SectuseuchctilctiSetuSect setyion hev sieetyide shanoa iff, S if aon of t Smahehegand phraces, clauphs, sentences, paragraphs, Sectile, ahe Chaptter of this Codheco be tsade wcul ae ve beermera Seecereat the Board of Aldermwethcut be thelcrpcraSectiin of this Coer if aeuchctilctiSetuSect sion hev sieany phrase, clause, sentence, paragrion s, Sect.

Section 100.150. Tense.

Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event or requirement for which provision is made herein, either as a power, immunity, requirement or prohibition.

Section 100.160. Notice.

A. Whenever notice may be required under the provisions of this Code or other City ordinance, the same shall be served in the following manner: 1. By delivering the notice to the person to be served personally or by leaving the same at his/her residence, office or place of business with some person of his/her family over the age of fifteen (15) years; 2. By mailing said notice by certified or registered mail to such person to be served at his/her last known address; or 3. If the person to be served is unknown or may not be notified under the requirements of this Section, then by posting said notice in some conspicuous place at least five (5) days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any City Officer, unless permission is given by said officer.

Section 100.170. Notice — Exceptions.

The provisions of the preceding Section shall not apply to those Chapters of this Code wherein there is a separate definition of notice.

Section 100.180. Computation of Time.

In computing any period of time prescribed or allowed by this Code or by a notice or order issued pursuant thereto, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Section 100.190. Gender.

When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.

Section 100.200. Joint Authority.

Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons unless otherwise declared in the law giving the authority.

Section 100.210. Number.

When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included; and when words importing the plural number are used, the singular shall be included.

ARTICLE III

Penalty

Section 100.220. General Penalty.

A. Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City prison or workhouse instead of the County Jail. B. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense. C. Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.

Chapter 130

TAXATION AND FINANCE

ARTICLE I

Fiscal Year

Section 130.010. Fiscal Year Established.

The fiscal year for the City of Lake Waukomis shall begin May first (1st) of each year.

ARTICLE II

Budget

Section 130.020. Budget Required — Contents — Expenditures Not To Exceed Revenues.

A. Prior to the commencement of each fiscal year, a budget for the City shall be prepared and the same will be presented to and approved by the Board of Aldermen.

B. The annual budget shall present a complete financial plan for the ensuing fiscal year and shall include at least the following information:

1. A budget message describing the important features of the budget and major changes from the preceding year;

2. Estimated revenues to be received from all sources for the budget year, with a comparative statement of actual or estimated revenues for the two (2) years next preceding, itemized by year, fund and source;

3. Proposed expenditures for each department, office, commission, and other classification for the budget year, together with a comparative statement of actual or estimated expenditures for the two (2) years next preceding, itemized by year, fund, activity and object;

4. The amount required for the payment of interest, amortization and redemption charges on the debt of the City; and

5. A general budget summary.

C. In no event shall the total proposed expenditures from any fund exceed the estimated revenues to be received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year; provided, that nothing herein shall be construed as requiring the City to use any cash balance as current revenue or to change from a cash basis of financing its expenditures.

Section 130.030. Budget Officer.

A. The budget shall be prepared under the direction of a Budget Officer. Except as otherwise provided by law or ordinance, the Budget Officer shall be designated by the Board of Aldermen of the City. All officers and employees shall cooperate with and provide to the Budget Officer such information and such records as he/she shall require in developing the budget. The Budget Officer shall review all the expenditure requests and revenue estimates, after which he/she shall prepare the proposed budget as defined herein.

B. After the Budget Officer has prepared the proposed budget, he/she shall submit it, along with such supporting schedules, exhibits, and other explanatory material as may be necessary for the proper understanding of the financial needs and position of the City, to the Board of Aldermen. He/she shall submit at the same time complete drafts of such orders, motions, resolutions or ordinances as may be required to authorize the proposed expenditures and produce the revenues necessary to balance the proposed budget.

Section 130.040. Board of Aldermen May Revise Budget, Limits — Approval.

The Board of Aldermen may revise, alter, increase or decrease the items contained in the proposed budget, subject to such limitations as may be provided by law; provided, that in no event shall the total authorized expenditures from any fund exceed the estimated revenues to be received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year. Except as otherwise provided by law, the Board of Aldermen shall, before the beginning of the fiscal year, approve the budget and approve or adopt such orders, motions, resolutions or ordinances as may be required to authorize the budgeted expenditures and produce the revenues estimated in the budget.

Section 130.050. Increase of Expenditure Over Budgeted Amount To Be Made Only On Formal Resolution.

After the City has approved the budget for any year and has approved or adopted the orders, motions, resolutions or ordinances required to authorize the expenditures proposed in the budget, the City shall not increase the total amount authorized for expenditure from any fund, unless the Board of Aldermen adopts a resolution setting forth the facts and reasons making the increase necessary and approves or adopts an order, motion, resolution or ordinance to authorize the expenditures.

ARTICLE III

Levy of Taxes [1]

Section 130.060. Board To Provide For Levy and Collection of Taxes — Fix Penalties.

The Board of Aldermen shall, from time to time, provide by ordinance for the levy and collection of all taxes, licenses, wharfage and other duties not herein enumerated and, for neglect or refusal to pay the same, shall fix such penalties as are now or may hereafter be authorized by law or ordinance.

Section 130.070. Fixing Ad Valorem Property Tax Rates, Procedure.

The Board of Aldermen shall hold at least one (1) public hearing on the proposed rates of taxes at which citizens shall be heard prior to their approval. The Board of Aldermen shall determine the time and place for such hearing. A notice stating the hour, date and place of the hearing shall be published in at least one (1) newspaper qualified under the laws of the State of Missouri of general circulation in the County within which all or the largest portion of the City is situated, or such notice shall be posted in at least three (3) public places within the City; except that, in any County of the First Class having a Charter form of government, such notice may be published in a newspaper of general circulation within the City even though such newspaper is not qualified under the laws of Missouri for other legal notices. Such notice shall be published or posted at least seven (7) days prior to the date of the hearing. The notice shall include the assessed valuation by category of real, personal and other tangible property in the City for the fiscal year for which the tax is to be levied as provided by Subsection (3) of Section 137.245, RSMo., the assessed valuation by category of real, personal and other tangible property in the City for the preceding taxable year, for each rate to be levied the amount of revenue required to be provided from the property tax as set forth in the annual budget adopted as provided by Chapter 67, RSMo., and the tax rates proposed to be set for the various purposes of taxation. The tax rates shall be calculated to produce substantially the same revenues as required in the annual budget adopted as provided in Chapter. Following the hearing the Board of Aldermen shall fix the rates of taxes, the same to be entered in the tax book. Failure of any taxpayer to appear at such hearing shall not prevent the taxpayer from pursuit of any other legal remedy otherwise available to the taxpayer. Nothing in this Section absolves the City of responsibilities under Section 137.073, RSMo., nor to adjust tax rates in event changes in assessed valuation occur that would alter the tax rate calculations.

Section 130.080. (Reserved)

Section 130.090. Assessment — Method of.

In the absence of a City Assessor, and until such City Assessor is duly appointed and qualified, it shall be the duty of the Mayor of the City to procure from the County Clerk of Platte County, Missouri, on or before the first (1st) day of October of each year a certified abstract from his/her assessment books of all property within the corporate limits of the City made taxable by law for State purposes and the assessed valuation thereof as agreed upon by the Board of Equalization, which abstract shall be immediately transmitted to the Board of Aldermen, and it shall be the duty of the Board of Aldermen to establish by ordinance the rate of taxes for the year.

Section 130.100. Clerk To Prepare Tax Books.

When the Board of Aldermen shall have fixed the rate of taxation for any given year, it shall be the duty of the City Clerk to cause to be prepared appropriate and accurate tax books and shall therein set out in suitable columns, opposite the name of each person and the item of taxable property, as returned by the Assessor and Board of Equalization, the amount of taxes, whether general or special, due thereon and shall charge the City Collector with the full amount of taxes levied and to be collected.

Section 130.110. Taxes Delinquent — When.

A. On the first (1st) day of January of each year, all unpaid City taxes shall become delinquent and the taxes on real estate are hereby made a lien thereon.

B. Each tract of land in the back tax book, in addition to the amount of tax delinquent, shall be charged with a penalty of eighteen percent (18%) of each year's delinquency except that the penalty on lands redeemed prior to sale shall not exceed two percent (2%) per month or fractional part thereof.



[1]. Cross Reference — As to notice required for public meeting on tax increases, eminent domain, creation of certain districts, and certain redevelopment plans, §120.045.

Chapter 120 OPEN MEETINGS AND RECORDS POLICY ARTICLE I In General Section 120.010. Definitions. As used in this Chapter, unless the context otherwise indicates, the following terms mean: CLOSED MEETING, CLOSED RECORD OR CLOSED VOTE — Any meeting, record or vote closed to the public. COPYING — If requested by a member of the public, copies provided as detailed in Section 120.110 of this Chapter, if duplication equipment is available. PUBLIC BUSINESS — All matters which relate in any way to performance of the City's functions or the conduct of its business. PUBLIC GOVERNMENTAL BODY — Any legislative, administrative or governmental entity created by the Constitution or Statutes of this State, orders or ordinances of the City, judicial entities when operating in an administrative capacity or by executive order, including: 1. Any advisory committee or commission appointed by the Mayor or Board of Aldermen. 2. Any department or division of the City. 3. Any other legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members having rulemaking or quasi-judicial power. 4. Any committee appointed by or at the direction of any of the entities and which is authorized to report to any of the above-named entities, any advisory committee appointed by or at the direction of any of the named entities for the specific purpose of recommending, directly to the public governmental body's governing board or its Chief Administrative Officer, policy or policy revisions or expenditures of public funds. 5. Any quasi-public governmental body. The term "quasi-public governmental body" means any person, corporation or partnership organized or authorized to do business in this State pursuant to the provisions of Chapters 352, 353 or 355, RSMo., or unincorporated association which either: a. Has as its primary purpose to enter into contracts with public governmental bodies or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; or b. Performs a public function, as evidenced by a statutorily or ordinance-based capacity, to confer or otherwise advance, through approval, recommendation or other means, the allocation or issuance of tax credits, tax abatement, public debt, tax exempt debt, rights of eminent domain, or the contracting of lease-back agreements on structures whose annualized payments commit public tax revenues; or any association that directly accepts the appropriation of money from the City, but only to the extent that a meeting, record or vote relates to such appropriation. PUBLIC MEETING — Any meeting of a public governmental body subject to this Chapter at which any public business is discussed, decided or public policy formulated, whether such meeting is conducted in person or by means of communication equipment including, but not limited to, conference call, video conference, Internet chat or Internet message board. The term "public meeting" shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of this Chapter, but the term shall include a vote of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public meeting with the members of the public governmental body gathered at one (1) location in order to conduct public business. PUBLIC RECORD — Any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body. The term "public record" shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any documents or study prepared for a public governmental body by a consultant or other professional service as described in this subdivision shall be retained by the public governmental body in the same manner as any other public record. PUBLIC VOTE — Any vote, whether conducted in person, by telephone, or by any other electronic means, cast at any public meeting of any public governmental body. Section 120.020. Meetings, Records and Votes To Be Public — Exceptions. A. All meetings, records and votes are open to the public, except that any meeting, record or vote relating to one (1) or more of the following matters, as well as other materials designated elsewhere in this Chapter, shall be closed unless the public governmental body votes to make them public: 1. Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation involving a public governmental body or any agent or entity representing its interests or acting on its behalf or with its authority, including any insurance company acting on behalf of a public governmental body as its insured, shall be made public upon final disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless, prior to final disposition, the settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public policy considerations of Section 610.011, RSMo., however, the amount of any monies paid by, or on behalf of, the public governmental body shall be disclosed; provided however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record. 2. Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes or vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public upon execution of the lease, purchase or sale of the real estate. 3. Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body shall be made available with a record of how each member voted to the public within seventy-two (72) hours of the close of the meeting where such action occurs; provided however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two (72) hour period before such decision is made available to the public. As used in this Subsection, the term "personal information" means information relating to the performance or merit of individual employees. 4. Non-judicial mental or physical health proceedings involving an identifiable person, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment. 5. Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again. 6. Welfare cases of identifiable individuals. 7. Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups. 8. Software codes for electronic data processing and documentation thereof. 9. Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid. 10. Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected. 11. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such. 12. Records which are protected from disclosure by law. 13. Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest. 14. Records relating to municipal hotlines established for the reporting of abuse and wrongdoing. 15. Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product; however, all final audit reports issued by the auditor are to be considered open records pursuant to this Chapter. 16. Operational guidelines, policies and specific response plans developed, adopted, or maintained by any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health. Financial records related to the procurement of or expenditures relating to operational guidelines, policies or plans purchased with public funds shall be open. When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property, and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records. 17. Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body, and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety. a. Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open. b. When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records. c. Records that are voluntarily submitted by a non-public entity shall be reviewed by the receiving agency within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a State security interest. If retention is not necessary, the documents shall be returned to the non-public governmental body or destroyed. 18. The portion of a record that identifies security systems or access codes or authorization codes for security systems of real property. 19. Records that identify the configuration of components or the operation of a computer, computer system, computer network or telecommunications network and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network or telecommunications network, including the amount of monies paid by, or on behalf of, a public governmental body for such computer, computer system, computer network or telecommunications network, shall be open. 20. Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public governmental body. Nothing in this Section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body. Section 120.030. Electronic Transmissions — Public Record — When. Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member's public office computer or the custodian of records in the same format. The provisions of this Section shall only apply to messages sent to two (2) or more members of that body so that, when counting the sender, a majority of the body's members are copied. Any such message received by the custodian or at the member's office computer shall be a public record subject to the exception of Section 610.021, RSMo. Section 120.040. Notices of Meetings. A. All public governmental bodies shall give notice of the time, date and place of each meeting and its tentative agenda in a manner reasonably calculated to advise the public of the matters to be considered, and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by Internet chat, Internet message board or other computer link, it shall post a notice of the meeting on its website in addition to its principal office and shall notify the public how to access that meeting. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of meetings of a particular public governmental body concurrent with the notice being made available to the members of the particular governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting or, if no such office exists, at the building in which the meeting is to be held. B. Notice conforming with all of the requirements of Subsection (A) of this Section shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when City Hall is closed, prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. C. The City shall allow for the recording by audiotape, videotape or other electronic means of any open meeting. The City may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio recording of any meeting, record or vote closed pursuant to the provisions of Section 120.020 shall be permitted without permission of the City; any person who violates this provision shall be guilty of an ordinance violation. D. Each governmental body proposing to hold a closed meeting or vote shall give notice of the time, date and place of such closed meeting or vote and the reason for holding it by reference to a specific exception allowed pursuant to Section 120.020 hereof. The notice shall be the same as described in Subsection (A) herein. E. A formally constituted subunit of a parent governmental body may conduct a meeting without notice during a lawful meeting of the parent governmental body, a recess in that meeting, or immediately following that meeting if the meeting of the subunit is publicly announced at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent governmental body. Section 120.045. Notice Required For Public Meeting On Tax Increases, Eminent Domain, Creation of Certain Districts, and Certain Redevelopment Plans. For any public meeting where a vote of the Board of Aldermen is required to implement a tax increase, or with respect to a retail development project when the Board of Aldermen votes to utilize the power of eminent domain, create a transportation development district or a community improvement district, or approve a redevelopment plan that pledges public funds as financing for the project or plan, the Board of Aldermen, or any entity created by the City, shall give notice conforming with all the requirements of Subsection (1) of Section 610.020, RSMo., at least four (4) days before such entity may vote on such issues, exclusive of weekends and holidays when the facility is closed; provided that this Section shall not apply to any votes or discussion related to proposed ordinances which require a minimum of two (2) separate readings on different days for their passage. The provisions of Subsection (4) of Section 610.020, RSMo., shall not apply to any matters that are subject to the provisions of this Section. No vote shall occur until after a public meeting on the matter at which parties in interest and citizens shall have an opportunity to be heard. If the notice required under this Section is not properly given, no vote on such issues shall be held until proper notice has been provided under this Section. Any legal action challenging the notice requirements provided herein shall be filed within thirty (30) days of the subject meeting, or such meeting shall be deemed to have been properly noticed and held. For the purpose of this Section, a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055, RSMo. Section 120.050. Closed Meetings — How Held. A. Except as set forth in Subsection (D) of Section 120.040, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the governmental body on the question of closing a public meeting or vote and the specific reason for closing that public meeting or vote by reference to a specific Section of this Chapter shall be announced publicly at an open meeting of the governmental body and entered into the minutes. B. Any meeting or vote closed pursuant to Section 120.020 shall be closed only to the extent necessary for the specific reason announced to justify the closed meeting or vote. Public governmental bodies shall not discuss any business in a closed meeting, record or vote which does not directly relate to the specific reason announced to justify the closed meeting or vote. Public governmental bodies holding a closed meeting shall close only an existing portion of the meeting facility necessary to house the members of the public governmental body in the closed session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session. Section 120.060. Journals of Meetings and Records of Voting. A. Except as provided in Section 120.020, rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected shall be cast by members of the public governmental body who are physically present and in attendance at the meeting or who are participating via video-conferencing. When it is necessary to take votes by roll call in a meeting of the public governmental body, due to an emergency of the public body, with a quorum of the members of the public body physically present and in attendance and less than a quorum of the members of the public governmental body participating via telephone, facsimile, Internet, or any other voice or electronic means, the nature of the emergency of the public body justifying that departure from the normal requirements shall be stated in the minutes. Where such emergency exists, the votes taken shall be regarded as if all members were physically present and in attendance at the meeting. B. A journal or minutes of open and closed meetings shall be taken and retained by the public governmental body including, but not limited to, a record of any vote taken at such meeting. The minutes shall include the date, time, place, members present, members absent, and a record of votes taken. When a roll call vote is taken, the minutes shall attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Section 120.070. Accessibility of Meetings. A. Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by members of the public and at a time reasonably convenient to the public unless for good cause such a place or time is impossible or impractical. Every reasonable effort shall be made to grant special access to the meeting to handicapped or disabled individuals. B. When it is necessary to hold a meeting on less than twenty-four (24) hours' notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes. Section 120.080. Segregation of Exempt Material. If a public record contains material which is not exempt from disclosure, as well as material which is exempt from disclosure, the custodian shall separate the exempt and non-exempt material and make the non-exempt material available for examination and copying in accord with the policies provided herein. When designing a public record the custodian shall, to the extent practicable, facilitate a separation of exempt from non-exempt information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the custodian shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption. Section 120.090. Custodian Designated — Response To Request For Access To Records. A. The City Clerk shall be the custodian of records and will be responsible for maintenance and control of all records. The custodian may designate deputy custodians in operating departments of the City and such other departments or offices as the custodian may determine. Deputy custodians shall conduct matters relating to public records and meetings in accord with the policies enumerated herein. B. Each public governmental body shall make available for inspection and copying by the public of that body's public records. No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian. No public governmental body shall, after August 28, 1998, grant to any person or entity, whether by contract, license or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority. C. Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third (3rd) business day following the date the request is received by the custodian of records of a public governmental body. If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three (3) days for reasonable cause. D. If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third (3rd) business day following the date that the request for the statement is received. Section 120.100. (Reserved) Section 120.110. Fees For Copying Public Records — Limitations. A. Except as otherwise provided by law, each public governmental body shall provide access to and, upon request, furnish copies of public records subject to the following: 1. Fees for copying public records, except those records restricted under Section 32.091, RSMo., shall not exceed ten cents ($.10) per page for a paper copy not larger than nine (9) by fourteen (14) inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body. Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records. Documents may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester. 2. Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication. Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual cost of such programming. B. Payment of such copying fees may be requested prior to the making of copies. ARTICLE II Law Enforcement Arrest Reports and Records, Incident Reports, Etc. Section 120.120. Definitions. As used in this Article, the following terms shall have the following definitions: ARREST — An actual restraint of the person of the defendant, or by his/her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked. ARREST REPORT — A record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor. INACTIVE — An investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons: 1. A decision by the law enforcement agency not to pursue the case. 2. Expiration of the time to file criminal charges pursuant to the applicable statute of limitations or ten (10) years after the commission of the offense, whichever date earliest occurs. 3. Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report, by exhaustion of or expiration of all rights of appeal of such persons. INCIDENT REPORT — A record of a law enforcement agency consisting of the date, time, specific location, name of the victim, and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency. INVESTIGATIVE REPORT — A record, other than an arrest or incident report, prepared by personnel of a law enforcement agency inquiring into a crime or suspected crime either in response to an incident report or in response to evidence developed by Law Enforcement Officers in the course of their duties. Section 120.130. Police Department Records. A. The Police Department of the City shall maintain records of all incidents reported to the Police Department and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection (C) of this Section or Section 320.083, RSMo., investigative reports of the Police Department are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in Section 120.150. B. Except as provided in Subsections (C) and (D) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Chapter. C. Any person, a family member of such person within the first degree of consanguinity of such person if deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section 120.150 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, his/her attorney or insurer involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident and may obtain access to other records closed by the Police Department pursuant to this Section. Within thirty (30) days of such request, the Police Department shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction over the Police Department stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. Pursuant to Section 610.100(4), RSMo., if, based on such motion, the court finds for the Police Department, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this Subsection. D. Any person may apply pursuant to this Subsection to the Circuit Court having jurisdiction for an order requiring a Law Enforcement Agency to open incident reports and arrest reports being unlawfully closed pursuant to the Section. If the court finds by a preponderance of the evidence that the Law Enforcement Officer or Agency has knowingly violated this Section, the officer or agency shall be subject to a civil penalty in an amount up to one thousand dollars ($1,000.00). If the court finds that there is a knowing violation of this Section, the court may order payment by such officer or agency of all costs and attorneys' fees as provided by Section 610.027, RSMo. If the court finds by a preponderance of the evidence that the Law Enforcement Officer or Agency has purposely violated this Section, the officer or agency shall be subject to a civil penalty in an amount up to five thousand dollars ($5,000.00) and the court shall order payment by such officer or agency of all costs and attorney fees as provided in Section 610.027, RSMo. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the Law Enforcement Officer or Agency has violated this Section previously. E. The victim of an offense as provided in Chapter 566, RSMo., may request that his/her identity be kept confidential until a charge relating to such incident is filed. Section 120.140. Effect of Nolle Pros, Dismissal and Suspended Imposition of Sentence On Records. A. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated, except as provided in Subsection (B) of this Section and Section 120.150 and except that the court's judgment or order or the final action taken by the prosecutor in such matters may be accessed. If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider agencies as defined in Section 660.250, RSMo., in the manner established by Section 120.150. B. If the person arrested is charged with an offense found in Chapter 566, RSMo., Section 568.045, 568.050, 568.060, 568.065, 568.080, 568.090 or 568.175, RSMo., and an imposition of sentence is suspended in the court in which the action is prosecuted, the official records pertaining to the case shall be made available to the victim for the purpose of using the records in his/her own judicial proceeding or if the victim is a minor to the victim's parents or guardian, upon request. Section 120.150. Public Access of Closed Arrest Records. A. Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant except as provided in this Section and Section 43.507, RSMo. The closed records shall be available to: criminal justice agencies for the administration of criminal justice pursuant to Section 43.500, RSMo., criminal justice employment, screening persons with access to criminal justice facilities, procedures and sensitive information; to law enforcement agencies for issuance or renewal of a license, permit, certification, or registration of authority from such agency including, but not limited to, watchmen, security personnel, private investigators, and persons seeking permits to purchase or possess a firearm; those agencies authorized by Section 43.543, RSMo., to submit and when submitting fingerprints to the central repository; the Sentencing Advisory Commission created in Section 558.019, RSMo., for the purpose of studying sentencing practices in accordance with Section 43.507, RSMo.; to qualified entities for the purpose of screening providers defined in Section 43.540, RSMo.; the Department of Revenue for driver license administration; the Division of Workers' Compensation for the purposes of determining eligibility for crime victims' compensation pursuant to Sections 595.010 to 595.075, RSMo.; Department of Health and Senior Services for the purpose of licensing and regulating facilities and regulating in-home services provider agencies and Federal agencies for purposes of criminal justice administration, criminal justice employment, child, elderly or disabled care, and for such investigative purposes as authorized by law or presidential executive order. B. These records shall be made available only for the purposes and to the entities listed in this Section. A criminal justice agency receiving a request for criminal history information under its control may require positive identification, to include fingerprints of the subject of the record search, prior to releasing closed record information. Dissemination of closed and open records from the Missouri criminal records repository shall be in accordance with Section 43.509, RSMo. All records which are closed records shall be removed from the records of the Police Department and Municipal Court which are available to the public and shall be kept in separate records which are to be held confidential and, where possible, pages of the public record shall be retyped or rewritten omitting those portions of the record which deal with the defendant's case. If retyping or rewriting is not feasible because of the permanent nature of the record books, such record entries shall be blacked out and recopied in a confidential book. Section 120.160. "911" Telephone Reports. Except as provided by this Section, any information acquired by the Police Department or a first responder agency by way of a complaint or report of a crime made by telephone contact using the emergency number "911" shall be inaccessible to the general public. However, information consisting of the date, time, specific location, and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to Section 120.130. Any closed records pursuant to this Section shall be available upon request by law enforcement agencies or the Division of Workers' Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown. Section 120.170. Daily Log or Record Maintained By Police Department of Crimes, Accidents or Complaints — Public Access To Certain Information. A. The City of Lake Waukomis Police Department, if it maintains a daily log or record that lists suspected crimes, accidents or complaints, shall make available the following information for inspection and copying by the public: 1. The time, substance and location of all complaints or requests for assistance received by the Police Department; 2. The time and nature of the Police Department's response to all complaints or requests for assistance; and 3. If the incident involves an alleged offense or infraction: a. The time, date and location of occurrence; b. The name and age of any victim, unless the victim is a victim of a crime under Chapter 566, RSMo.; c. The factual circumstances surrounding the incident; and d. A general description of any injuries, property or weapons involved.

Title II:

Public Health, Safety, and Welfare

Chapter 210

OFFENSES

ARTICLE I

General Provisions

Section 210.005. Definitions.

In this Chapter, unless the context requires a different definition, the following shall apply:

AFFIRMATIVE DEFENSE — Has the meaning specified in Section 556.056, RSMo.

BURDEN OF INJECTING THE ISSUE — Has the meaning specified in Section 556.051, RSMo.

COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR — Any person who develops exposed photographic film into negatives, slides or prints or who makes prints from negatives or slides for compensation. The term "commercial film and photographic print processor" shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency.

CONFINEMENT —

1. A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court and remains in confinement until:

a. A court orders his/her release;

b. He/she is released on bail, bond or recognizance, personal or otherwise; or

c. A public servant having the legal power and duty to confine him/her authorizes his/her release without guard and without condition that he/she return to confinement.

2. A person is not in confinement if:

a. He/she is on probation or parole, temporary or otherwise; or

b. He/she is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport him/her to or from a place of confinement.

CONSENT — Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

1. It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor;

2. It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

3. It is induced by force, duress or deception.

CRIMINAL NEGLIGENCE — Has the meaning specified in Section 562.016, RSMo.

CUSTODY — A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.

DANGEROUS FELONY — The felonies of arson in the first degree, assault in the first degree, attempted rape in the first degree if physical injury results, attempted forcible rape if physical injury results, attempted sodomy in the first degree if physical injury results, attempted forcible sodomy if physical injury results, rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, murder in the second degree, assault of a Law Enforcement Officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, statutory rape in the first degree when the victim is a child less than twelve (12) years of age at the time of the commission of the act giving rise to the offense, statutory sodomy in the first degree when the victim is a child less than twelve (12) years of age at the time of a commission of the act giving rise to the offense, and, abuse of a child if the child dies as a result of injuries sustained from conduct chargeable under Section 568.060, RSMo., child kidnapping, and parental kidnapping committed by detaining or concealing the whereabouts of the child for not less than one hundred twenty (120) days under Section 565.153, RSMo.

DANGEROUS INSTRUMENT — Any instrument, article or substance which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

DEADLY WEAPON — Any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged or a switchblade knife, dagger, billy, blackjack or metal knuckles.

FELONY — Has the meaning specified in Section 556.016, RSMo.

FORCIBLE COMPULSION — Means either:

1. Physical force that overcomes reasonable resistance; or

2. A threat, express or implied, that places a person in reasonable fear of death, serious physical injury, or kidnapping of himself/herself or another person.

INCAPACITATED — That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act.

INFRACTION — Has the meaning specified in Section 556.021, RSMo.

INHABITABLE STRUCTURE — Has the meaning specified in Section 569.010, RSMo.

KNOWINGLY — Has the meaning specified in Section 562.016, RSMo.

LAW ENFORCEMENT OFFICER — Any public servant having both the power and duty to make arrests for violations of the laws of this State, and Federal Law Enforcement Officers authorized to carry firearms and to make arrests for violations of the laws of the United States.

MISDEMEANOR — Has the meaning specified in Section 556.016, RSMo.

OFFENSE — Any felony, misdemeanor or infraction.

PHYSICAL INJURY — Physical pain, illness, or any impairment of physical condition.

PLACE OF CONFINEMENT — Any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.

POSSESS OR POSSESSED — Having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if he/she has the object on his/her person or within easy reach and convenient control. A person has constructive possession if he/she has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one (1) person alone has possession of an object, possession is sole. If two (2) or more persons share possession of an object, possession is joint.

PUBLIC SERVANT — Any person employed in any way by a government of this State who is compensated by the government by reason of his/her employment, any person appointed to a position with any government of this State, or any person elected to a position with any government of this State. It includes, but is not limited to, legislators, jurors, members of the judiciary and Law Enforcement Officers. It does not include witnesses.

PURPOSELY — Has the meaning specified in Section 562.016, RSMo.

RECKLESSLY — Has the meaning specified in Section 562.016, RSMo.

RITUAL OR CEREMONY — An act or series of acts performed by two (2) or more persons as part of an established or prescribed pattern of activity.

SERIOUS EMOTIONAL INJURY — An injury that creates a substantial risk of temporary or permanent medical or psychological damage manifested by impairment of a behavioral, cognitive or physical condition. "Serious emotional injury" shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.

SERIOUS PHYSICAL INJURY — Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

SEXUAL CONDUCT — Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.

SEXUAL CONTACT — Any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing for the purpose of arousing or gratifying sexual desire of any person.

SEXUAL PERFORMANCE — Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.

VOLUNTARY ACT — Has the meaning specified in Section 562.011, RSMo.

Section 210.007. Attempt.

A. A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he/she does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

B. It is no defense to a prosecution under this Section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.

ARTICLE II

Offenses Against The Person

Section 210.010. Assault.

A. A person commits the offense of assault if:

1. The person attempts to cause or recklessly causes physical injury to another person;

2. With criminal negligence the person causes physical injury to another person by means of a deadly weapon;

3. The person purposely places another person in apprehension of immediate physical injury;

4. The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person;

5. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or

6. The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person, who is not incapacitated, would consider offensive or provocative.

Section 210.015. Domestic Assault. [1]

A. A person commits the offense of domestic assault if the act involves a family or household member, including any child who is a member of the family or household, as defined in Section 455.010, RSMo.; and

1. The person attempts to cause or recklessly causes physical injury to such family or household member;

2. With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument;

3. The person purposely places such family or household member in apprehension of immediate physical injury by any means;

4. The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to such family or household member;

5. The person knowingly causes physical contact with such family or household member knowing the other person will regard the contact as offensive; or

6. The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member's access to other persons, telecommunication devices or transportation for the purpose of isolation.

Section 210.020. Assault of A Law Enforcement Officer, Corrections Officer, Emergency Personnel, Highway Worker, Utility Worker, Cable Worker or Probation and Parole Officer.

A. A person commits the offense of assault of a Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer if:

1. Such person recklessly causes physical injury to a Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer;

2. Such person purposely places a Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer in apprehension of immediate physical injury;

3. Such person knowingly causes or attempts to cause physical contact with a Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer without the consent of the Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer.

B. As used in this Section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in Subdivisions (15), (16), (17), (18) and (19) of Section 190.100, RSMo.

C. As used in this Section, the term "Corrections Officer" includes any jailer or Corrections Officer of the State or any political subdivision of the State.

D. As used in this Section, the term "highway worker", "construction zone" or "work zone" shall have the same meaning as such terms are defined in Section 304.580, RSMo.

E. As used in this Section, the term "utility worker" means any employee while in performance of their job duties, including any person employed under contract, of a utility that provides gas, heat, electricity, water, steam, telecommunication services, or sewer services, whether privately, municipally, or cooperatively owned.

F. As used in this Section, the term "cable worker" means any employee, including any person employed under contract, of a cable operator, as such term is defined in Section 67.2677, RSMo.

G. Assault of a Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer is an ordinance violation.

Section 210.030. Harassment. [2]

A. A person commits the offense of harassment if he or she:

1. Knowingly communicates a threat to commit any felony to another person and in so doing frightens, intimidates, or causes emotional distress to such other person;

2. When communicating with another person, knowingly uses coarse language offensive to one of average sensibility and thereby puts such person in reasonable apprehension of offensive physical contact or harm;

3. Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication;

4. Knowingly communicates with another person who is, or who purports to be, seventeen (17) years of age or younger and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to such other person;

5. Knowingly makes repeated unwanted communication to another person; or

6. Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person's response to the act is one of a person of average sensibilities considering the age of such person.

B. This Section shall not apply to activities of Federal, State, County, or Municipal Law Enforcement Officers conducting investigations of violation of Federal, State, County, or Municipal law.

Section 210.035. Stalking — Definitions. [3]

A. As used in this Section, the following terms shall mean:

COURSE OF CONDUCT — A pattern of conduct composed of two (2) or more acts, which may include communication by any means, over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct. Such constitutionally protected activity includes picketing or other organized protests.

CREDIBLE THREAT — A threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, or the safety of his or her family, or household members or domestic animals or livestock as defined in Section 276.606, RSMo., kept at such person's residence or on such person's property. The threat must be against the life of, or a threat to cause physical injury to, or the kidnapping of, the person, the person's family, or the person's household members or domestic animals or livestock as defined in Section 276.606, RSMo., kept at such person's residence or on such person's property.

HARASSES — To engage in a course of conduct directed at a specific person that serves no legitimate purpose, that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.

B. A person commits the offense of stalking if he or she purposely, through his or her course of conduct, harasses or follows with the intent of harassing another person.

C. The offense of stalking shall be an ordinance violation unless the person has previously pleaded guilty to or been found guilty of a violation of this Section, or of any offense committed in violation of any County or Municipal ordinance in any State, any State law, any Federal law, or any military law which, if committed in this State, would be chargeable or indictable as a violation of any offense listed in this Section.

D. Any Law Enforcement Officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this Section.

E. This Section shall not apply to activities of Federal, State, County, or Municipal Law Enforcement Officers conducting investigations of violation of Federal, State, County, or Municipal law.

Section 210.040. False Imprisonment. [4]

A person commits the offense of false imprisonment if he/she knowingly restrains another unlawfully and without consent so as to interfere substantially with his/her liberty.

Section 210.050. Endangering The Welfare of A Child. [5]

A. A person commits the offense of endangering the welfare of a child if:

1. He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old;

2. He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;

3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;

4. He/she knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.; or

5. He/she operates a vehicle in violation of Subdivision (2) or (3) of Subsection (1) of Section 565.024, RSMo., or Subdivision (4) of Subsection (1) of Section 565.060, RSMo., or Sections 342.020 or 342.030 of this Code, while a child less than seventeen (17) years old is present in the vehicle.

B. Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he/she is being provided non-medical remedial treatment recognized and permitted under the laws of this State.

Section 210.055. Leaving A Child Unattended in A Motor Vehicle. [6]

A. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

COLLISION — The act of a motor vehicle coming into contact with an object or a person.

INJURY — Physical harm to the body of a person.

MOTOR VEHICLE — Any automobile, truck, truck-tractor, or any motorbus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.

UNATTENDED — Not accompanied by an individual fourteen (14) years of age or older.

B. A person commits the offense of leaving a child unattended in a motor vehicle if such person knowingly leaves a child ten (10) years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian.

ARTICLE III

Offenses Concerning Administration of Justice

Section 210.060. Concealing An Offense. [7]

A. A person commits the offense of concealing an offense if:

1. He/she confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person's concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or

2. He/she accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his/her concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.

Section 210.070. Hindering Prosecution. [8]

A. A person commits the offense of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he/she:

1. Harbors or conceals such person;

2. Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;

3. Provides such person with money, transportation, weapon, disguise or other means to aid him/her in avoiding discovery or apprehension; or

4. Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

Section 210.080. Refusal To Identify As A Witness.

A person commits the offense of refusal to identify as a witness if, knowing he/she has witnessed any portion of a crime, an ordinance violation, or of any other incident resulting in physical injury or substantial property damage, upon demand by a Law Enforcement Officer engaged in the performance of his/her official duties, he/she refuses to report or gives a false report of his/her name and present address to such officer.

Section 210.090. Disturbing A Judicial Proceeding.

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

Section 210.100. Tampering With A Witness — Tampering With A Victim. [9]

A. A person commits the offense of tampering with a witness if, with purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, or to absent himself/herself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he/she:

1. Threatens or causes harm to any person or property;

2. Uses force, threats or deception;

3. Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

4. Conveys any of the foregoing to another in furtherance of a conspiracy.

B. A person commits the offense of "victim tampering" if, with purpose to do so, he/she prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:

1. Making any report of such victimization to any Peace Officer or State, local or Federal Law Enforcement Officer or prosecuting agency or to any judge;

2. Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof; or

3. Arresting or causing or seeking the arrest of any person in connection with such victimization.

Section 210.105. Tampering With Physical Evidence.

A. A person commits the offense of tampering with physical evidence if he/she:

1. Alters, destroys, suppresses or conceals any record, document or thing with the purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

2. Makes, presents or uses any record, document or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

Section 210.110. Improper Communication.

A person commits the offense of improper communication if he/she communicates, directly or indirectly, with any juror, special master, referee or arbitrator in a judicial proceeding, other than as part of the proceedings in a case, for the purpose of influencing the official action of such person.

Section 210.120. False Impersonation.

A. A person commits the offense of false impersonation if such person:

1. Falsely represents himself/herself to be a public servant with purpose to induce another to submit to his/her pretended official authority or to rely upon his/her pretended official acts, and

a. Performs an act in that pretended capacity; or

b. Causes another to act in reliance upon his/her pretended official authority.

2. Falsely represents himself/herself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this State with purpose to induce another to rely upon such representation, and

a. Performs an act in that pretended capacity; or

b. Causes another to act in reliance upon such representation.

3. Upon being arrested, falsely represents himself/herself, to a Law Enforcement Officer, with the first and last name, date of birth or Social Security number, or a substantial number of identifying factors or characteristics as that of another person that results in the filing of a report or record of arrest or conviction for an infraction, misdemeanor or felony that contains the first and last name, date of birth and Social Security number, or a substantial number of identifying factors or characteristics to that of such other person as to cause such other person to be identified as the actual person arrested or convicted.

B. If a violation of Subsection (A)(3) hereof is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney bringing any action on the underlying charge shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.

C. Any person who is the victim of a false impersonation and whose identity has been falsely reported in arrest or conviction records may move for expungement and correction of said records under the procedures set forth in Section 610.123, RSMo. Upon a showing that a substantial number of identifying factors of the victim was falsely ascribed to the person actually arrested or convicted, the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate factors from the arrest and court records.

Section 210.125. Impersonating Police Officers. [CC 1974 §18-3; Ord. No. 19 §3-613, 3-1-1958]

No person in the City, other than the City Marshal and other official Police Officers of the City, shall wear or carry the uniform, apparel, badge, identification card or any other insignia of office similar to or of a colorable imitation of such uniform, apparel, badge, identification card or other insignia of office adopted and worn or carried by the City Marshal and other official Police Officers of the City.

Section 210.130. False Reports.

A. A person commits the offense of making a false report if he/she knowingly:

1. Gives false information to any person for the purpose of implicating another person in a crime or offense;

2. Makes a false report to a Law Enforcement Officer that a crime or offense has occurred or is about to occur; or

3. Makes a false report or causes a false report to be made to a Law Enforcement Officer, security officer, Fire Department or other organization, official or volunteer which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred or is about to occur.

B. It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon.

C. The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section.

Section 210.140. Resisting or Interfering With Arrest, Detention or Stop. [10]

A. A person commits the offense of resisting or interfering with arrest, detention or stop if, knowing that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:

1. Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or

2. Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.

B. This Section applies to:

1. Arrests, stops or detentions with or without warrants;

2. Arrests, stops or detentions for any crime, infraction or ordinance violation; and

3. Arrests for warrants issued by a court or a probation and parole officer.

C. A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person.

D. It is no defense to a prosecution under Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.

Section 210.150. Escape or Attempted Escape From Custody. [11]

A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any crime or offense, he/she escapes or attempts to escape from custody.

Section 210.155. Interference With Legal Process.

A. A person commits the offense of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he/she interferes with or obstructs such person.

B. "Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.

C. Interference with legal process is an ordinance violation.

ARTICLE IV

Offenses Concerning Public Safety

Section 210.160. Abandonment of Airtight or Semi-Airtight Containers.

A. A person commits the offense of abandonment of airtight icebox if he/she abandons, discards or knowingly permits to remain on premises under his/her control, in a place accessible to children, any abandoned or discarded icebox, refrigerator or other airtight or semi-airtight container which has a capacity of one and one-half (1½) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.

B. Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman.

C. The defendant shall have the burden of injecting the issue under Subsection (B) of this Section.

Section 210.170. Littering.

A person commits the offense of littering if he/she throws or places or causes to be thrown or placed any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish of any kind, nature or description on the right-of-way of any road or in any of the waters in this City or on the banks of any stream or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the Federal Government or the City or on any private real property owned by another without his/her consent.

Section 210.180. Littering Via Carcasses.

A. If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).

B. If any person shall remove or cause to be removed and placed in or near any road or upon premises not his/her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance to the annoyance of the citizens of this City, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and if such nuisance be not removed within three (3) days thereafter, it shall be deemed a second (2nd) offense against the provisions of this Section.

Section 210.190. Corrupting or Diverting Water Supply.

Whoever willfully or maliciously poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes, or whoever willfully or maliciously diverts, dams up and holds back from its natural course and flow any spring, brook or other water supply for domestic or municipal purposes, after said water supply shall have once been taken for use by any person or persons, corporation, Town or City for their use, shall be adjudged guilty of an ordinance violation and punished by a fine not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment, and shall be liable to the party injured for three (3) times the actual damage sustained, to be recovered by suit at law.

Section 210.200. Abandoning Motor Vehicle or Trailer.

See Section 215.030 of this Code concerning abandoned vehicle regulations.

ARTICLE V

Offenses Concerning Public Peace

Section 210.205. Conspiracy. [CC 1974 §15-8; Ord. No. 74 §4, 9-18-1967; Ord. No. 260 §3, 4-12-2000]

A. It shall be unlawful to conspire to violate an ordinance of the City.

B. A person is guilty of conspiracy with another person or persons to commit an offense if, with the purpose of promoting or facilitating its commission, he/she agrees with such other person or persons that they or one (1) or more of them will engage in conduct which constitutes such offense.

C. If a person, guilty of conspiracy, knows that a person with whom he/she conspires to commit an offense has conspired with another person or persons to commit the same offense, he/she is guilty of conspiring with such other person or persons to commit such offense, whether or not he/she knows their identity.

D. If a person conspires to commit a number of offenses, he/she is guilty of only one (1) conspiracy so long as such multiple offenses are the object of the same agreement.

E. No person may be convicted of conspiracy to commit an offense unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him/her or by a person with whom he/she conspired.

F. No one shall be convicted of conspiracy if, after conspiring to commit the offense, he/she prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his/her criminal purpose. The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under this Subsection.

G. For the purpose of time limitations on prosecutions:

1. "Conspiracy" is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he/she conspired.

2. If an individual abandons the agreement, the conspiracy is terminated as to him/her only if he/she advises those with whom he/she conspired of his/her abandonment or he/she informs the law enforcement authorities of the existence of the conspiracy and of his/her participation in it.

H. A person may not be charged, convicted or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense.

I. Unless otherwise provided, a person who has been convicted of conspiracy to commit an offense may be sentenced to pay a fine or serve a period of imprisonment which shall not exceed fifteen (15) days or by both such fine and imprisonment.

Section 210.210. Peace Disturbance.

A. A person commits the offense of peace disturbance if:

1. He/she unreasonably and knowingly disturbs or alarms another person or persons by:

a. Loud noise;

b. Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient;

c. Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out;

d. Fighting; or

e. Creating a noxious and offensive odor.

2. He/she is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

a. Vehicular or pedestrian traffic; or

b. The free ingress or egress to or from a public or private place.

Section 210.215. Private Peace Disturbance.

A. A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

1. Threatening to commit a crime or offense against any person; or

2. Fighting.

Section 210.220. Peace Disturbance Definitions.

A. For the purposes of Sections 210.210 and 210.215, the following words shall have the meanings set out herein:

PRIVATE PROPERTY — Any place which at the time is not open to the public. It includes property which is owned publicly or privately.

PROPERTY OF ANOTHER — Any property in which the actor does not have a possessory interest.

PUBLIC PLACE — Any place which at the time is open to the public. It includes property which is owned publicly or privately.

B. If a building or structure is divided into separately occupied units, such units are separate premises.

Section 210.222. Disorderly Conduct. [Ord. No. 401 §1, 8-15-2010]

A. Any person who, with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed guilty of a misdemeanor:

1. Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior.

2. Acts in such a manner as to annoy, disturb, interfere with, obstruct or be offensive to others or to any lawful assembly.

3. Congregates with others on a public street and refuses to move on when ordered by an officer.

4. By his/her actions causes a crowd to collect, except when lawfully addressing such crowd.

5. Shouts or makes a noise either outside or inside a building to the annoyance or disturbance of any persons therein.

6. Wanders, prowls or loiters upon the private property of another in the nighttime and peeks or peers in the door or window of any building or structure located thereon which is inhabited by human beings without any visible or lawful business with the owners or occupants thereof.

Section 210.225. Unlawful Assembly.

A person commits the offense of unlawful assembly if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State or of the United States with force or violence.

Section 210.230. Rioting. [12]

A person commits the offense of rioting if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State or of the United States with force or violence and thereafter, while still so assembled, does violate any of said laws with force or violence.

Section 210.235. Refusal To Disperse.

A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly or at the scene of a riot, he/she knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly or riot.

Section 210.237. Disrupting A House of Worship. [13]

A. For purposes of this Section, "house of worship" means any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose.

B. A person commits the offense of disrupting a house of worship if such person:

1. Intentionally and unreasonably disturbs, interrupts, or disquiets any house of worship by using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services; or

2. Intentionally injures, intimidates, or interferes with or attempts to injure, intimidate, or interfere with any person lawfully exercising the right of religious freedom in or outside of a house of worship or seeking access to a house of worship, whether by force, threat, or physical obstruction.

ARTICLE VI

Offenses Concerning Weapons and Firearms

Section 210.240. Definitions.

The following words, when used in this Article, shall have the meanings set out herein:

ANTIQUE, CURIO OR RELIC FIREARM — Any firearm so defined by the National Gun Control Act, 18 U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau of Alcohol, Tobacco and Firearms, 27 CFR Section 178.11:

1. Antique firearm is any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof.

2. Curio or relic firearm is any firearm deriving value as a collectible weapon due to its unique design, ignition system, operation or at least fifty (50) years old, associated with a historical event, renown personage or major war.

BLACKJACK — Any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use.

BLASTING AGENT — Any material or mixture, consisting of fuel and oxidizer that is intended for blasting, but not otherwise defined as an explosive under this Section, provided that the finished product, as mixed for use of shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.

CONCEALABLE FIREARM — Any firearm with a barrel less than sixteen (16) inches in length, measured from the face of the bolt or standing breech.

DEFACE — To alter or destroy the manufacturer's or importer's serial number or any other distinguishing number or identification mark.

DETONATOR — Any device containing a detonating charge that is used for initiating detonation in an explosive, including but not limited to, electric blasting caps of instantaneous and delay types, non-electric blasting caps for use with safety fuse or shock tube and detonating cord delay connectors.

EXPLOSIVE WEAPON — Any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon. For the purposes of this Article, the term "explosive" shall mean any chemical compound mixture or device, the primary or common purpose of which is to function by explosion, including but not limited to, dynamite and other high explosives, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords, and igniters or blasting agents.

FIREARM — Any weapon that is designed or adapted to expel a projectile by the action of an explosive.

FIREARM SILENCER — Any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm.

GAS GUN — Any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.

INTOXICATED — Substantially impaired mental or physical capacity resulting from introduction of any substance into the body.

KNIFE — Any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this Article, "knife" does not include any ordinary pocketknife with no blade more than four (4) inches in length.

KNUCKLES — Any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.

MACHINE GUN — Any firearm that is capable of firing more than one (1) shot automatically, without manual reloading, by a single function of the trigger.

PROJECTILE WEAPON — Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.

RIFLE — Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.

SHORT BARREL — A barrel length of less than sixteen (16) inches for a rifle and eighteen (18) inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six (26) inches.

SHOTGUN — Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger.

SPRING GUN — Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.

SWITCHBLADE KNIFE — Any knife which has a blade that folds or closes into the handle or sheath, and

1. That opens automatically by pressure applied to a button or other device located on the handle; or

2. That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.

Section 210.250. Weapons — Carrying Concealed — Other Unlawful Use. [14]

A. A person commits the offense of unlawful use of weapons if he/she knowingly:

1. Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

2. Sets a spring gun; or

3. Discharges or shoots a firearm within the City limits;* or

4. Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

5. Has a firearm or projectile weapon readily capable of lethal use on his/her person, while he/she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense; or

6. Openly carries a firearm or any other weapon readily capable of lethal use within the City limits; or

7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

B. Subparagraphs (1) and (7) of Subsection (A) of this Section shall not apply to the persons described in this Subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this Subsection. Subparagraphs (3) and (4) of Subsection (A) of this Section shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this Subsection:

1. All State, County and Municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and who possess the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or Municipalities of the State, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired Peace Officers, as defined in Subsection (11) of Section 571.030, RSMo., and who carry the identification defined in Subsection (12) of Section 571.030, RSMo., or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

3. Members of the Armed Forces or National Guard while performing their official duty;

4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;

5. Any person whose bona fide duty is to execute process, civil or criminal;

6. Any Federal Probation Officer or Federal Flight Deck Officer as defined under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921 regardless of whether such officers are on duty, or within the law enforcement agency's jurisdiction;

7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.;

9. Any coroner, deputy coroner, medical examiner or assistant medical examiner;

10. Any prosecuting attorney or assistant prosecuting attorney or any circuit attorney or assistant circuit attorney who has completed the firearms safety training course required under Subsection (2) of Section 571.111, RSMo.;

11. Any member of a Fire Department or Fire Protection District who is employed on a full-time basis as a fire investigator and who has a valid concealed carry endorsement issued prior to August 28, 2013, or valid concealed carry permit under Section 571.111, RSMo., when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties; and

12. Upon the written approval of the Governing Body of a Fire Department or Fire Protection District, any paid Fire Department or Fire Protection District Chief who is employed on a full-time basis and who has a valid concealed carry endorsement, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties.

C. Subparagraphs (1), (5) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older or eighteen (18) years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State. Subparagraph (7) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.

D. Subparagraphs (1) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.

E. Subparagraphs (3), (4), (5) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

F. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored or club-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.

Section 210.255. Possession, Manufacture, Transport, Repair, Sale of Certain Weapons. [15]

A. A person commits an offense if such person knowingly possesses, manufactures, transports, repairs, or sells:

1. An explosive weapon;

2. An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

3. A gas gun;

4. A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm;

5. Knuckles; or

6. Any of the following in violation of Federal law:

a. A machine gun;

b. A short-barreled rifle or shotgun;

c. A firearm silencer; or

d. A switchblade knife.

B. A person does not commit an offense pursuant to this Section if his/her conduct involved any of the items in Subparagraphs (1 — 5) of Subsection (A), the item was possessed in conformity with any applicable Federal law, and the conduct:

1. Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency or a penal institution; or

2. Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Subparagraph (1) of this Subsection; or

3. Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

4. Was incident to displaying the weapon in a public museum or exhibition; or

5. Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.

Section 210.260. Defacing Firearm.

A person commits the offense of defacing a firearm if he/she knowingly defaces any firearm.

Section 210.270. Unlawful Transfer of Weapons. [16]

A. A person commits the offense of unlawful transfer of weapons if he/she:

1. Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen (18) years old without the consent of the child's custodial parent or guardian or recklessly, as defined in Section 562.016, RSMo., sells, leases, loans, gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child's custodial parent or guardian; provided that this does not prohibit the delivery of such weapons to any Peace Officer or member of the Armed Forces or National Guard while performing his/her official duty; or

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

Section 210.275. Possession of Firearm Unlawful For Certain Persons. [17]

A. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:

1. Such person has been convicted of a felony under the laws of this State, or of a crime under the laws of any State or of the United States which, if committed within this State, would be a felony; or

2. Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

B. The provisions of Subsection (A)(1) of this Section shall not apply to the possession of an antique firearm.

Section 210.280. Carrying Concealed Firearms Prohibited — Penalty For Violation.

A. It shall be a violation of this Section, punishable as hereinafter provided, for any person to carry any concealed firearm into:

1. Any Police, Sheriff or Highway Patrol office or station without the consent of the Chief Law Enforcement Officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

2. Within twenty-five (25) feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

3. Any courthouse solely occupied by the Circuit, Appellate or Supreme Court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This Subdivision shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this Subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by Supreme Court Rule pursuant to Subdivision (6) of this Subsection. Nothing in this Subdivision shall preclude those persons listed in Subsection (B)(1) of Section 210.250 while within their jurisdiction and on duty, those persons listed in Subsections (B)(2)(4) and (10) of Section 210.250, or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule pursuant to Subdivision (6) of this Subsection from carrying a concealed firearm within any of the areas described in this Subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

4. Any meeting of the Board of Aldermen. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

5. Any building owned, leased or controlled by the City of Lake Waukomis identified by signs posted at the entrance to the building. This Subsection shall not apply to any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased or controlled by the City of Lake Waukomis. Persons violating this Subsection may be denied entrance to the building, ordered to leave the building and, if employees of the City, be subjected to disciplinary measures for violation.

6. Any place where the carrying of a firearm is prohibited by Federal law.

7. Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one (1) or more signs displayed in a conspicuous place of a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one (1) inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer.

B. Any person violating any of the provisions of Subsection (A) of this Section shall be punished as follows:

1. If the violator holds a concealed carry permit or endorsement issued pursuant to State law, the violator may be subject to denial to the premises or removal from the premises. If such person refuses to leave the premises and a Peace Officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars ($100.00) for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00). If a third citation for a similar violation is issued within one (1) year of the first citation, such person shall be fined an amount not to exceed five hundred dollars ($500.00). Upon conviction of charges arising from a citation issued pursuant to this Section, the court shall notify the Sheriff of the County which issued the concealed carry permit, or, if the person is a holder of a concealed carry endorsement issued prior to August 28, 2013, the court shall notify the Sheriff of the County which issued the certificate of qualification for a concealed carry permit or endorsement and the Department of Revenue.

2. If the violator does not hold a current valid concealed carry permit or endorsement issued pursuant to State law, upon conviction of a charge of violating this Section the defendant shall be punished as provided in Section 100.220 of this Code of Ordinances.

3. Employees of the City of Lake Waukomis may, in addition to any other punishment hereby, be subject to disciplinary action.

C. It shall be a violation of this Section, punishable by a citation for an amount not to exceed thirty-five dollars ($35.00), for any person issued a concealed carry permit or endorsement pursuant to State law to fail to carry the concealed carry permit or endorsement at all times the person is carrying a concealed firearm, or to fail to display the concealed carry permit or endorsement upon the request of any Peace Officer.

Section 210.283. Open Display of Firearm Permitted, When.

Any person who has a valid concealed carry endorsement issued prior to August 28, 2013, or a valid concealed carry permit, and who is lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

Section 210.285. Discharging Air Gun, Etc.

Any person within the limits of this City who shall discharge any BB gun, spring gun, paintball gun or air gun or shall shoot any pebble, bullet, slug, arrow or other hard substance by means of a sling, crossbow, rubber band or bow or any other means shall be deemed guilty of an ordinance violation.

ARTICLE VII

Offenses Concerning Property

Section 210.290. Tampering. [18]

A. A person commits the offense of tampering if he/she:

1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another;

2. Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;

3. Tampers or makes connection with property of a utility; or

4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:

a. To prevent the proper measuring of electric, gas, steam or water service; or

b. To permit the diversion of any electric, gas, steam or water service.

B. In any prosecution under paragraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service with one (1) or more of the effects described in paragraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.

Section 210.300. Property Damage. [19]

A. A person commits the offense of property damage if:

1. He/she knowingly damages property of another; or

2. He/she damages property for the purpose of defrauding an insurer.

Section 210.305. Earth, Stones, Etc. — Moving or Taking From Public Grounds. [CC 1974 §15-10; Ord. No. 16 §3-306, 3-1-1958]

No person in the City shall move, disturb or take any earth, stone or other material from any street, park or other land without the permission of the owner thereof.

Section 210.310. Claim of Right.

A. A person does not commit an offense by damaging, tampering with, operating, riding in or upon or making connection with property of another if he/she does so under a claim of right and has reasonable grounds to believe he/she has such a right.

B. The defendant shall have the burden of injecting the issue of claim of right.

Section 210.320. Trespass in The First Degree.

A. A person commits the offense of trespass in the first degree if he/she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

B. A person does not commit the offense of trespass by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

1. Actual communication to the actor; or

2. Posting in a manner reasonably likely to come to the attention of intruders.

Section 210.330. Trespass in The Second Degree.

A. A person commits the offense of trespass in the second degree if he/she enters unlawfully upon real property of another. This is an offense of absolute liability.

B. Trespass in the second degree is an infraction.

Section 210.335. Trespass of A School Bus.

A person commits the offense of trespass of a school bus if he/she knowingly and unlawfully enters any part of or unlawfully operates any school bus.

Section 210.340. Reckless Burning or Exploding.

A person commits the offense of reckless burning or exploding when he/she knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.

Section 210.350. Negligent Burning or Exploding.

A person commits the offense of negligent burning or exploding when he/she with criminal negligence causes damage to property of another by fire or explosion.

Section 210.355. Open Burning. [Ord. No. 260 §5, 4-12-2000]

It shall be unlawful for any person to set fire to any grass, weeds, rubbish or any other inflammable material other than in an enclosed container or in an area properly prepared for the same so as not to emit smoke, fire or damage onto and into another person's property. Fires used for the non-commercial preparation of food such as by barbecuing are permitted.

Section 210.360. Stealing. [20]

A. A person commits the offense of stealing if he/she appropriates property or services of another with the purpose to deprive him/her thereof, either without his/her consent or by means of deceit or coercion.

B. Evidence of the following is admissible in any prosecution pursuant to this Section on the issue of the requisite knowledge or belief of the alleged stealer that:

1. He/she failed or refused to pay for property or services of a hotel, restaurant, inn or boarding house;

2. He/she gave in payment for property or services of a hotel, restaurant, inn or boarding house a check or negotiable paper on which payment was refused;

3. He/she left the hotel, restaurant, inn or boarding house with the intent to not pay for property or services;

4. He/she surreptitiously removed or attempted to remove his/her baggage from a hotel, inn or boarding house; or

5. He/she, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits or reproduces a retail sales receipt, price tag or universal price code label or possesses, with intent to cheat or defraud, the device that manufactures fraudulent receipts or universal price code labels.

Section 210.365. Theft of Motor Fuel.

A. No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of such motor vehicle unless payment or authorized charge for motor fuel dispensed has been made.

B. A person found guilty or pleading guilty to stealing pursuant to Section 210.360 for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.

Section 210.370. Receiving Stolen Property. [21]

A. A person commits the offense of receiving stolen property if, for the purpose of depriving the owner of a lawful interest therein, he/she receives, retains or disposes of property of another knowing that it has been stolen or believing that it has been stolen.

B. Evidence of the following is admissible in any criminal prosecution pursuant to this Section to prove the requisite knowledge or belief of the alleged receiver that:

1. He/she was found in possession or control of other property stolen on separate occasions from two (2) or more persons;

2. He/she received other stolen property in another transaction within the year preceding the transaction charged;

3. He/she acquired the stolen property for a consideration which he/she knew was far below its reasonable value; or

4. He/she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen.

Section 210.375. Financial Exploitation of The Elderly and Disabled. [22]

A. A person commits the offense of financial exploitation of an elderly or disabled person if such person knowingly by deception, intimidation, undue influence, or force obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his/her property thereby benefiting such person or detrimentally affecting the elderly or disabled person. Financial exploitation of an elderly or disabled person is a misdemeanor if the value of the property is less than fifty dollars ($50.00).

B. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

DECEPTION — A misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly or disabled person or to the existing or pre-existing condition of any of the property involved in such contract or agreement or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly or disabled person to enter into a contract or agreement.

"Deception" includes:

1. Creating or confirming another person's impression which is false and which the offender does not believe to be true.

2. Failure to correct a false impression which the offender previously has created or confirmed.

3. Preventing another person from acquiring information pertinent to the disposition of the property involved.

4. Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid or is or is not a matter of official record.

5. Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform.

DISABLED PERSON — A person with a mental, physical or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection.

ELDERLY PERSON — A person sixty (60) years of age or older.

INTIMIDATION — A threat of physical or emotional harm to an elderly or disabled person, or the communication to an elderly or disabled person that he/she will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment.

UNDUE INFLUENCE — Use of influence by someone who exercises authority over an elderly person or disabled person in order to take unfair advantage of that persons's vulnerable state of mind, neediness, pain, or agony. Undue influence includes, but is not limited to, the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority.

C. Nothing in this Section shall be construed to limit the remedies available to the victim pursuant to any State law relating to domestic violence.

D. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly or disabled person in the management of his/her property, but through no fault of his/her own has been unable to provide such assistance.

E. Nothing in this Section shall limit the ability to engage in bona fide estate planning, to transfer property, and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard of living to which the elderly or disabled person has become accustomed at the time of such actions.

F. It shall not be a defense to financial exploitation of an elderly or disabled person that the accused reasonably believed that the victim was not an elderly or disabled person.

G. Medicaid Funds. It shall be unlawful in violation of this Section for any person receiving or in the possession of funds of a Medicaid eligible elderly or disabled person residing in a facility licensed under Chapter 198, RSMo., to fail to remit to the facility in which the Medicaid eligible person resides, all money owing the facility resident from any source, including, but not limited to, Social Security, Railroad Retirement, or payments from any other source disclosed as resident income contained in the records of the Department of Social Services, Family Support Division or its successor. The Department of Social Services, Family Support Division or its successor is authorized to release information from its records containing the resident's income or assets to any Prosecuting or Circuit Attorney in the State of Missouri for purposes of investigating or prosecuting any suspected violation of this Section.

Section 210.380. Fraudulent Use of A Credit or Debit Device. [23]

A. A person commits the offense of fraudulent use of a credit device or debit device if the person uses a credit device or debit device for the purpose of obtaining services or property knowing that:

1. The device is stolen, fictitious or forged;

2. The device has been revoked or canceled;

3. For any other reason his/her use of the device is unauthorized; or

4. Uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels said charges or payment without just cause. It shall be prima facie evidence of a violation of this Section if a person cancels said charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri Department of Revenue.

Section 210.390. Deceptive Business Practice.

A. A person commits the offense of deceptive business practice if in the course of engaging in a business, occupation or profession he/she recklessly:

1. Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;

2. Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service;

3. Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he/she furnishes the weight or measure;

4. Sells, offers or exposes for sale adulterated or mislabeled commodities; or

5. Makes a false or misleading written statement for the purpose of obtaining property or credit.

Section 210.400. Alteration or Removal of Item Numbers With Intent To Deprive Lawful Owner. [24]

A. A person commits the offense of alteration or removal of item numbers if he/she with the purpose of depriving the owner of a lawful interest therein:

1. Destroys, removes, covers, conceals, alters, defaces or causes to be destroyed, removed, covered, concealed, altered or defaced the manufacturer's original serial number or other distinguishing owner-applied number or mark on any item which bears a serial number attached by the manufacturer or distinguishing number or mark applied by the owner of the item for any reason whatsoever;

2. Sells, offers for sale, pawns or uses as security for a loan any item on which the manufacturer's original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced; or

3. Buys, receives as security for a loan or in pawn, or in any manner receives or has in his/her possession any item on which the manufacturer's original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced.

Section 210.410. Passing Bad Checks. [25]

A. A person commits the offense of passing a bad check when:

1. With purpose to defraud, the person makes, issues or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money knowing that it will not be paid by the drawee or that there is no such drawee; or

2. The person makes, issues or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that there are insufficient funds in or on deposit with that account for the payment of such check, sight order or other form of presentment involving the transmission of account information in full and all other checks, sight orders or other forms of presentment involving the transmission of account information upon such funds then outstanding, or that there is no such account or no drawee and fails to pay the check or sight order or other form of presentment involving the transmission of account information within ten (10) days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no such drawee.

B. As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the non-payment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.

Section 210.411. Copper Wire or Cable, Catalytic Converters, Collectors and Dealers to Keep Register, Information Required — Penalty — Exempt Transactions.

A. Every purchaser or collector of, or dealer in, junk, scrap metal or any secondhand property shall keep a register containing a written or electronic record for each purchase or trade in which each type of metal subject to the provisions of this Section is obtained for value. There shall be a separate record for each transaction involving any:

1. Copper, brass or bronze;

2. Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting or fastener;

3. Material containing copper or aluminum that is knowingly used for farming purposes as farming is defined in Section 350.010, RSMo.; whatever may be the condition or length of such metal; or

4. Catalytic converter.

B. The record required by this Section shall contain the following data:

1. A copy of the driver's license or photo identification issued by the State or by the United States Government or agency thereof to the person from whom the material is obtained;

2. The current address, gender, birth date, and a photograph of the person from whom the material is obtained if not included or are different from the identification required in Subdivision (1) of this Subsection;

3. The date, time and place of the transaction;

4. The license plate number of the vehicle used by the seller during the transaction;

5. A full description of the metal, including the weight and purchase price.

C. The records required under this Section shall be maintained for a minimum of twenty-four (24) months from when such material is obtained and shall be available for inspection by any Law Enforcement Officer.

D. Anyone convicted of violating this Section shall be guilty of an ordinance violation.

E. This Section shall not apply to any of the following transactions:

1. Any transaction for which the total amount paid for all regulated scrap metal purchased or sold does not exceed fifty dollars ($50.00), unless the scrap metal is a catalytic converter;

2. Any transaction for which the seller, including a farm or farmer, has an existing business relationship with the scrap metal dealer and is known to the scrap metal dealer making the purchase to be an established business or political subdivision that operates a business with a fixed location that can be reasonably expected to generate regulated scrap metal and can be reasonably identified as such a business; or

3. Any transaction for which the type of metal subject to Subsection (A) of this Section is a minor part of a larger item, except for equipment used in the generation and transmission of electrical power or telecommunications.

Section 210.412. Metal Beer Keg, Prohibition On Purchase or Possession By Scrap Metal Dealer — Violation, Penalty.

A. No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal except when the purchase is from the brewer or its authorized representative. For purposes of this Section, "keg" shall have the same meaning as in Section 311.082, RSMo.

B. Anyone who is found guilty of, or pleads guilty to, violating this Section shall be guilty of an ordinance violation punishable only by fine. Nothing in this Section shall be construed to preclude a person violating this Section from also being prosecuted for any applicable criminal offense.

Section 210.413. Metal Belonging to Various Entities — Scrap Yard Not to Purchase — Violation, Penalty.

A. No scrap yard shall purchase any metal that can be identified as belonging to a public or private cemetery, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility or utility regulated under Chapters 386 or 393, RSMo., including bleachers, guardrails, signs, street and traffic lights or signals, and manhole cover or covers, whether broken or unbroken, from anyone other than the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, utility regulated under Chapter 386 or 393, RSMo., or manufacturer of the metal or item described in this Section unless such person is authorized in writing by the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, utility regulated under Chapter 386 or 393, RSMo., or manufacturer to sell the metal.

B. Anyone convicted of violating this Section shall be guilty of an ordinance violation.

Section 210.414. Scrap Metal Dealers %%'entity-mdash'%% Payments in Excess of $500.00 To Be Made By Check — Exceptions.

A. Any scrap metal dealer paying out an amount that is five hundred dollars ($500.00) or more shall make such payment by issuing a prenumbered check drawn on a regular bank account in the name of the licensed scrap metal dealer and with such check made payable to the person documented as the seller in accordance with this Section, or by using a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with Chapter 407, RSMo.

B. Any scrap metal dealer that purchases scrap metal from a seller and pays in the form of cash is required to obtain a copy of the seller's driver's license or non-driver's license if the metal is copper or a catalytic converter. This Section shall not apply to any transaction for which the seller has an existing business relationship with the scrap metal dealer and is known to the scrap metal dealer making the purchase to be an established business or political subdivision that operates a business with a fixed location that can be reasonably expected to generate regulated scrap metal and can be reasonably identified as such a business.

C. Any person in violation of Sections 210.411 to 210.414 by selling stolen scrap metal shall be responsible for consequential damages related to obtaining the scrap metal.

ARTICLE VIII

Offenses Concerning Prostitution and Morals

Section 210.420. Article Definitions.

As used in this Article, the following terms mean:

PATRONIZING PROSTITUTION — A person patronizes prostitution if:

1. Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third (3rd) person having engaged in sexual conduct with him/her or with another;

2. He/she gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third (3rd) person will engage in sexual conduct with him/her or with another; or

3. He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third (3rd) person to engage in sexual conduct with him/her or with another, in return for something of value.

PROSTITUTION — A person commits prostitution if he/she engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third (3rd) person.

SEXUAL CONDUCT — Occurs when there is:

1. SEXUAL INTERCOURSE — Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

2. DEVIATE SEXUAL INTERCOURSE — Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.

3. SEXUAL CONTACT — Any touching, manual or otherwise, of the anus or genitals of one (1) person by another done for the purpose of arousing or gratifying sexual desire of either party.

SOMETHING OF VALUE — Money or property or any token, object or article exchangeable for money or property.

Section 210.430. Prostitution. [26]

A person commits the offense of prostitution if the person performs an act of prostitution.

Section 210.440. Patronizing Prostitution. [27]

A. A person commits the offense of patronizing prostitution if he/she patronizes prostitution.

B. It shall not be an affirmative defense that the defendant believed that the person he/she patronized for prostitution was eighteen (18) years of age or older.

Section 210.450. Prostitution and Patronizing Prostitution — Sex of Parties No Defense, When.

A. In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

1. Both persons were of the same sex; or

2. The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.

Section 210.455. Prostitution Houses Deemed Public Nuisances.

A. Any room, building or other structure regularly used for sexual contact for pay as defined in Section 210.420 or any unlawful prostitution activity prohibited by this Article is a public nuisance.

B. The City Prosecuting Attorney may, in addition to all other sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.

C. All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court.

D. Appeals shall be allowed from the judgment of the court as in other civil actions.

ARTICLE IX

Sexual Offenses

Section 210.460. Article Definitions.

As used in this Article, the following terms shall have the meanings set forth herein:

DEVIATE SEXUAL INTERCOURSE — Any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.

SEXUAL CONDUCT — Sexual intercourse, deviate sexual intercourse or sexual contact.

SEXUAL CONTACT — Any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.

SEXUAL INTERCOURSE — Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

Section 210.465. Sexual Misconduct.

A. A person commits the offense of sexual misconduct in the first degree if such person:

1. Exposes his/her genitals under circumstances in which he/she knows that his/her conduct is likely to cause affront or alarm;

2. Has sexual contact in the presence of a third person or persons under circumstances in which he/she knows that such conduct is likely to cause affront or alarm; or

3. Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

Section 210.470. Sexual Abuse. [28]

A person commits the offense of sexual abuse in the second degree if he/she purposely subjects another person to sexual contact without that person's consent.

Section 210.473. Certain Offenders Not To Physically Be Present or Loiter Within Five Hundred Feet of A Child Care Facility — Violation — Penalty.

A. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of:

1. Violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection (2) of Section 568.020, RSMo., Incest; Section 568.045, RSMo., Endangering The Welfare Of A Child In The First Degree; Subsection (2) of Section 568.080, RSMo., Use Of A Child In A Sexual Performance; Section 568.090, RSMo., Promoting A Sexual Performance By A Child; Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025, RSMo., Promoting Child Pornography In The First Degree; Section 573.035, RSMo., Promoting Child Pornography In The Second Degree; Section 573.037, RSMo., Possession Of Child Pornography; or Section 573.040, RSMo., Furnishing Pornographic Material To Minors; or

2. Any offense in any other State or Foreign Country, or under federal, tribal or military jurisdiction which, if committed in this State, would be a violation listed in this Section;

shall not knowingly be physically present in or loiter within five hundred (500) feet of or to approach, contact, or communicate with any child under eighteen (18) years of age in any child care facility building, on the real property comprising any child care facility when persons under the age of eighteen (18) are present in the building, on the grounds, or in the conveyance, unless the offender is a parent, legal guardian, or custodian of a student present in the building or on the grounds.

B. For purposes of this Section, "child care facility" shall have the same meaning as such term is defined in Section 210.201, RSMo.

C. Any person who violates the provisions of this Section is guilty of an ordinance violation.

Section 210.475. Certain Offenders Not To Be Present Within Five Hundred Feet of School Property, Exception — Permission Required For Parents or Guardians Who Are Offenders, Procedure.

A. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of:

1. Violating any of the provisions of Chapter 566, RSMo., or the provisions of Subsection (2) of Section 568.020, RSMo., Incest; Section 568.045, RSMo., Endangering The Welfare Of A Child In The First Degree; Subsection (2) of Section 568.080, RSMo., Use Of A Child In A Sexual Performance; Section 568.090, RSMo., Promoting A Sexual Performance By A Child; Section 573.023, RSMo., Sexual Exploitation Of A Minor; Section 573.025, RSMo., Promoting Child Pornography; or Section 573.040, RSMo., Furnishing Pornographic Material To Minors; or

2. Any offense in any other State or foreign country, or under tribal, federal or military jurisdiction which, if committed in this State, would be a violation listed in this Section;

shall not be present in or loiter within five hundred (500) feet of any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance, unless the offender is a parent, legal guardian or custodian of a student present in the building and has met the conditions set forth in Subsection (B) of this Section.

B. No parent, legal guardian or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the offenses listed in Subsection (A) of this Section shall be present in any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance unless the parent, legal guardian or custodian has permission to be present from the Superintendent or School Board or in the case of a private school from the Principal. In the case of a public school, if permission is granted, the Superintendent or School Board President must inform the Principal of the school where the sex offender will be present. Permission may be granted by the Superintendent, School Board, or in the case of a private school from the Principal for more than one (1) event at a time, such as a series of events, however, the parent, legal guardian or custodian must obtain permission for any other event he/she wishes to attend for which he/she has not yet had permission granted.

C. Regardless of the person's knowledge of his or her proximity to school property or a school-related activity, violation of the provisions of this Section shall be an ordinance violation.

Section 210.480. Swimming — Bathing Suit, Etc., Required. [29] [CC 1974 §15-28; Ord. No. 19 §3-609, 3-1-1958]

No person in the City shall swim or bathe in water in the City, where such conduct is allowed, unless wearing a bathing suit or other suitable garment to protect his/her person from exposure.

Section 210.485. Peeping Toms. [CC 1974 §15-20; Ord. No. 17 §3-404, 3-1-1958]

No person in the City shall look, peer, peep into or be found loitering around or within view of any window not on his/her own property with the intent of watching or looking through such window.

Section 210.487. Halloween, Restrictions On Conduct — Violations.

A. Any person required to register as a sexual offender under Sections 589.400 to 589.425, RSMo., shall be required on October thirty-first (31st) of each year to:

1. Avoid all Halloween-related contact with children;

2. Remain inside his or her residence between the hours of 5:00 P.M. and 10:30 P.M. unless required to be elsewhere for just cause including, but not limited to, employment or medical emergencies;

3. Post a sign at his or her residence stating, "No candy or treats at this residence"; and

4. Leave all outside residential lighting off during the evening hours after 5:00 P.M.

B. Any person required to register as a sexual offender under Sections 589.400 to 589.425, RSMo., who violates the provisions of Subsection (A) of this Section shall be guilty of an ordinance violation.

ARTICLE X

Offenses Concerning Pornography

Section 210.490. Definitions.

When used in this Article, the following terms shall have the meanings set out herein:

FURNISH — To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.

MATERIAL — Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates, stored computer data, and other latent representational objects.

MINOR — Any person under the age of eighteen (18).

NUDITY — The showing of post-pubertal human genitals or pubic area with less than a fully opaque covering.

OBSCENE — Any material or performance is obscene if, taken as a whole:

1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex;

2. The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and

3. A reasonable person would find the material lacks serious literary, artistic, political or scientific value.

PERFORMANCE — Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.

PORNOGRAPHIC FOR MINORS — Any material or performance is pornographic for minors if the following apply:

1. The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors;

2. The material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and

3. The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.

PROMOTE — To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same, by any means including a computer.

SADOMASOCHISTIC ABUSE — Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

SEXUAL CONDUCT — Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

SEXUAL EXCITEMENT — The condition of human male or female genitals when in a state of sexual stimulation or arousal.

Section 210.500. Promoting Pornography For Minors or Obscenity. [30]

A. A person commits the offense of promoting pornography for minors or obscenity if he/she:

1. Promotes or possesses with the purpose to promote any obscene materials for pecuniary gain;

2. Produces, presents, directs or participates in any obscene performance for pecuniary gain;

3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain;

4. Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or

5. Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

Section 210.510. Furnishing Pornographic Materials To Minors.

A. A person commits the offense of furnishing pornographic material to minors if he/she:

1. Furnishes any material pornographic for minors knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor;

2. Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or

3. Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

B. It is not an affirmative defense to a prosecution for a violation of this Section that the person being furnished the pornographic material is a Peace Officer masquerading as a minor.

C. Furnishing pornographic material to minors or attempting to furnish pornographic material to minors is an ordinance violation.

ARTICLE XI

Offenses Concerning Alcohol and Drugs

Section 210.520. Possession of Marijuana. [31]

Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control marijuana as defined in Section 195.010, RSMo.

Section 210.530. Possession or Control of A Controlled Substance. [32]

Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, RSMo.

Section 210.540. Unlawful Use of Drug Paraphernalia. [33]

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by Section 195.010, RSMo., or an imitation controlled substance as defined by Section 195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.

Section 210.550. Inhalation or Inducing Others To Inhale Solvent Fumes To Cause Certain Reactions, Prohibited — Exceptions.

No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues or induce any other person to do so for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.

Section 210.560. Inducing, or Possession With Intent To Induce, Symptoms By Use of Solvents and Other Substances, Prohibited.

A. As used in this Section "alcohol beverage vaporizer" means any device which, by means of heat, a vibrating element, or any method, is capable of producing a breathable mixture containing one (1) or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both.

B. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use or abuse of any of the following substances:

1. Solvents, particularly toluol;

2. Ethyl alcohol;

3. Amyl nitrite and its iso-analogues;

4. Butyl nitrite and its iso-analogues;

5. Cyclohexyl nitrite and its iso-analogues;

6. Ethyl nitrite and its iso-analogues;

7. Pentyl nitrite and its iso-analogues; and

8. Propyl nitrite and its iso-analogues.

C. This Section shall not apply to substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-the-counter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.

D. No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by Section 210.550 and this Section.

E. No person shall possess or use an alcoholic beverage vaporizer.

F. Nothing in this Section shall be construed to prohibit the legal consumption of intoxicating liquor.

Section 210.570. Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.550 To 210.560 — Penalty. [34]

A. No person shall intentionally possess or buy any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of inducing or aiding any other person to violate the provisions of Sections 210.550 and 210.560 hereof.

B. Any person who violates any provision of Sections 210.550 — 210.570 is guilty of an ordinance violation for the first (1st) violation.

Section 210.571. Alcoholic Beverages — Definitions. [35]

For the purposes of Sections 210.573 and 210.575, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

INTOXICATING LIQUOR — Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.

Section 210.573. Minors.

A. Sales To Minor — Exceptions.

1. No licensee, his/her employee, or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to such person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.

2. Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.

3. It shall be a defense to prosecution under this Subsection if:

a. The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;

b. The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and

c. To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.

B. Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.

1. No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.

2. In addition to Subsection (B)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.

C. Minors In Possession Of Intoxicating Liquor.

1. No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.

2. The provisions of this Subsection shall not apply to a student who:

a. Is eighteen (18) years of age or older;

b. Is enrolled in an accredited college or university and is a student in a culinary course;

c. Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

d. Tastes a beverage under Subsection (C)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection, may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.

3. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. "Full information" is limited to the following:

a. The type of test administered and the procedures followed;

b. The time of the collection of the blood or breath sample or urine analyzed;

c. The numerical results of the test indicating the alcohol content of the blood and breath and urine;

d. The type and status of any permit which was held by the person who performed the test;

e. If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.

"Full information" does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.

D. Burden Of Proof On Violator Concerning Manufacturer-Sealed Container. For purposes of determining violations and prosecution under this Chapter, or any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was no intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

Section 210.575. (Reserved) [36]

ARTICLE XII

Offenses Concerning Minors

Cross Reference — As to alcohol related offenses involving minors, §210.573.

Section 210.580. Definitions.

For the purposes of this Article, the following words and phrases are defined as follows:

GUARDIAN — Guardian appointed by court of competent jurisdiction.

MINOR — Any person under the age of seventeen (17).

PARENT — The natural or adoptive father or mother, legal guardian or any other person having the care or custody of a minor child.

PARENTAL NEGLECT — Any act or omission by which a parent fails to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any offense.

Section 210.590. Curfew For Persons Under Seventeen.

A. It shall be unlawful for any person under the age of seventeen (17) years to be in or upon any public place or way within the City of Lake Waukomis between the hours of 11:00 P.M. and 6:00 A.M. The provisions of this Section shall not apply to any such persons accompanied by a parent or guardian, to any such person upon an errand or other legitimate business directed by such person's parent or guardian, to any such person who is engaged in gainful, lawful employment during said time period, or who is returning or in route to said employment, or to any such person who is attending or in route to or from any organized religious or school activity.

B. Responsibility Of Parent. The parent, guardian or other adult person having the care and custody of a person under the age of seventeen (17) years shall not knowingly permit such person to violate this Section.

C. Notice To Parent. Any Police Officer finding any person under the age of seventeen (17) years violating the provisions of this Section shall warn such person to desist immediately from such violation and shall promptly report the violation to his/her superior officer who shall cause a written notice to be served upon the parent, guardian or person in charge of such person setting forth the manner in which this Section has been violated. Any parent, guardian or person in charge of such person who shall knowingly permit such person to violate the provisions of this Section, after receiving notice of the first (1st) violation, shall be guilty of an offense.

D. Service Of Notice. The written notice provided in Subsection (C) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section with any person found at such residence over the age of seventeen (17) years or by mailing such notice to the last known address of such parent, guardian or person in charge of such person, wherever such person may be found.

Section 210.600. Parental Responsibility.

A. Whenever a minor shall be arrested or detained for the commission of any offense act within the City, the Police Department shall, as soon as possible thereafter, deliver written notice to the minor's parent of the arrest or detention, and such notice shall advise the parent of his/her responsibility under this Section. The notice shall be in such a form as to be signed by the notified parent signifying receipt thereof. If the parent refuses to sign said notice, the notifying Police Officer shall indicate such refusal on the notice.

B. No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any offense. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any offense.

C. Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation, and not less than five hundred dollars ($500.00) for any successive violation. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).

ARTICLE XIII

Offenses Concerning Noise

Section 210.610. Noise — Making When Loud, Unnecessary, Etc. — Restricted Acts Enumerated. [37] [CC 1974 §15-18; Ord. No. 15 §3-208, 2-8-1958]

A. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City.

B. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive:

1. The sounding of any horn or other signaling device on any automobile, motorcycle, watercraft or other vehicle on any street, lake or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

2. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 P.M. and 7:00 A.M. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Subsection.

3. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

4. Yelling, shouting, hooting, whistling or singing on the streets, particularly between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other type of residence or of any persons in the vicinity.

5. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.

6. The blowing of any siren, except as a warning of fire or danger or upon request of proper City authorities.

7. The discharge into the open air of the exhaust of any stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

8. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

9. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

10. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 A.M. and 6:00 P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety.

11. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

12. The use of any drum or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale.

13. The operation between the hours of 10:00 P.M. and 7:00 A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

14. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

Section 210.620. Sound Trucks, Etc. [38] [CC 1974 §§15-25 — 15-26; Ord. No. 24 §§4-401 — 4-402, 3-1-1958]

A. As used in this Section, the following terms shall have these prescribed meanings:

SOUND AMPLIFYING EQUIPMENT — Any machine or device for the amplification of the human voice, music or any other sound excluding, however, standard automobile radios when used and heard only by occupants of the vehicle in which such devices are installed and warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

SOUND TRUCK — Any motor vehicle or horse-drawn vehicle having mounted thereon or attached thereto any sound amplifying equipment.

B. Sound Trucks — Operating. No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation for any purpose within the City.

ARTICLE XIV

Miscellaneous Offenses

Section 210.630. Accumulation of Combustible Waste, Flammable Rubbish, Etc.. [CC 1974 §10-7; Ord. No. 82 Art. 12 §1205, 10-3-1968]

No person shall permit to remain upon any roof or in any yard any accumulation of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind.

Section 210.640. Storage of Flammable and Combustible Liquids. [CC 1974 §10-9]

A. Except as otherwise provided in this Section, it shall be unlawful for any person to store any flammable or combustible liquids in the City.

B. The provisions of this Section shall not apply to storage of flammable or combustible liquids in containers as follows:

1. Portable metal cans not exceeding five (5) gallons capacity.

2. Fuel tanks on vehicles not exceeding the size installed by the manufacturer of such vehicle as original equipment.

C. For the purposes of this Section, the term "combustible liquid" shall mean any liquid having a flash point at or above one hundred forty degrees Fahrenheit (140°F) and below two hundred degrees Fahrenheit (200°F). "Flammable liquid" shall mean any liquid having a flash point below one hundred forty degrees Fahrenheit (140°F) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees Fahrenheit (100°F).

Section 210.645. Yard Composting Within City Limits Prohibited. [CC 1974 §20-2; Ord. No. 192 §§1 — 2, 6-10-1992]

A. It shall be unlawful for any person to establish or maintain a yard composting pile within the City limits of Lake Waukomis.

B. The term "yard composting pile", as used in this Section, shall mean the mixture or composition of partially decayed organic material, including grass clippings, tree leaves, brush, brush clippings, garden waste, kitchen waste or other organic materials, accumulated for the purpose of disposing of the same through the natural process of decay.

ARTICLE XV

Fireworks

Section 210.650. Definition. [Ord. No. 274 §10.25, 5-9-2001]

The term "fireworks" means and includes any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance. The term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths (25/100) grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use and toy pistol paper caps which contain less than twenty-five hundredths (25/100) grains of explosive mixture, the use of which shall be permitted at all times.

Section 210.660. Fireworks Prohibited — Exception. [Ord. No. 274 §10.26, 5-9-2001]

It shall hereafter be unlawful for any person, firm or corporation to sell, use, ignite, explode, detonate or fire within the limits of the City any guns, rifles, revolvers or pistols, other than cap pistols. Also, it shall be unlawful to use, ignite, explode, detonate or fire within the limits of this City any type combustible fireworks that are designed to be projected into the air, not to include ground based fireworks that produce a shower of sparks, except that it shall be lawful for any person, firm or corporation to use, explode, detonate, light and fire fireworks and firecrackers at a public event or public assembly when a permit therefore has been issued to such person, firm or corporation by the Mayor of the City of Lake Waukomis, which permit must first be approved by a majority vote of the Board of Aldermen of said City prior to the issuance thereof by the Mayor.

Section 210.665. Fireworks Prohibited in Certain Locations. [Ord. No. 442 §I, 6-12-2013]

It shall be unlawful to manufacture, sell, explode, or detonate fireworks of any kind on public property identified specifically as South Park, North Park, the lake dam, spillway, and parking lot of the community building unless a waiver has been granted as outlined in Section 210.660.

Section 210.670. Use Limited To Certain Hours. [Ord. No. 274 §10.27, 5-9-2001]

Applicable fireworks in the aforementioned Section 210.660 will be limited to use during the hours of 10:00 A.M. until 11:00 P.M. on July third (3rd) and July fourth (4th) of each year.

Section 210.680. Use From or Into Motor Vehicles or Watercraft. [Ord. No. 274 §10.28, 5-9-2001]

It shall be unlawful for any person, persons, firm or corporation to throw, set off, fire or cause to be exploded any fireworks from or into any motor vehicle or watercraft.

Section 210.690. Regulation of Ground Audible Devices. [Ord. No. 274 §10.29, 5-9-2001]

"Ground audible device" means a fireworks device intended to function on the ground that produces an audible effect. It shall be unlawful for any person, persons, firm or corporation to throw, set off, fire or cause to be exploded any ground audible device for a time period exceeding two (2) minutes consecutively or a total of five (5) minutes in any sixty (60) minute time period.

Section 210.700. Possession and Discharge of Certain Fireworks Prohibited. [Ord. No. 274 §10.30, 5-9-2001]

No person shall have in their possession or discharge fireworks of the type commonly called "bottle rockets", "cherry bombs", "M-80's", "grenades", "torpedoes" or "Roman candles".

Section 210.710. Ignition of Sparklers Bound Together Prohibited. [Ord. No. 274 §10.31, 5-9-2001]

No person shall have in their possession or ignite two (2) or more fireworks of the type commonly called "sparklers" which are bound together to form a bundle of sparklers.

Section 210.720. Throwing of Firecrackers or Other Fireworks. [Ord. No. 274 §10.32, 5-9-2001]

It shall be unlawful for any person to throw or otherwise deposit or attempt to throw or otherwise deposit any firecrackers, squib, "cherry bomb", grenade, torpedo or other combustible fireworks whatsoever into, at or upon any motor vehicle, residence or other structure or any person or group of persons or so near any such person or group of persons as to endanger same.

Section 210.730. Selling or Giving Away. [Ord. No. 274 §10.33, 5-9-2001]

It shall be unlawful for any person to have in his/her possession with intent to give away, sell, offer for sale or to exhibit for sale within the City any squib, rocket, crackers, torpedoes, grenades, guns, revolvers, pistols, caps, cartridges, other combustible firecrackers or fireworks of any kind.

Section 210.740. Resident/Property Owner's Responsibility.

The owner or resident(s) shall be responsible for violations of this Article which takes place on that owner or resident's lot and shall be considered to be in violation of this Article if fireworks are used, ignited, exploded or fired on their lot.

Section 210.750. Fire Emergency — Use of Fireworks. [Ord. No. 274 §10.34, 5-9-2001]

A. During any period or periods of dryness and increased danger of fire within the City and after consulting with the City Marshal or in his/her absence the Mayor, or in his/her absence such other individual designated by the Board of Aldermen of said City, shall be authorized to declare a fire emergency for such length of time as said emergency conditions exists. He/she shall have the power to regulate the usage of all fireworks within the City of Lake Waukomis. The Mayor or his/her designate shall have the power to do any one (1) or more of the following:

1. Limit the type of fireworks that may be discharged in the City.

2. Ban all discharge of fireworks within the City.

B. In the event such emergency is declared by the Mayor or such other designated representative of the City of Lake Waukomis as provided hereinabove, a notice of declaration of such emergency and the regulation(s) of the discharge of fireworks during said fire emergency shall be posted in a public place within City Hall and at such other place or places as the Mayor or such other designated representative may deem reasonable and appropriate to inform the public of said fire emergency.

C. Any violation of the regulations placed in effect during the period of any fire emergency shall be subject to a minimum fine of fifty dollars ($50.00) and a maximum fine of five hundred dollars ($500.00) for each violation and each subsequent violation of this Section.



[1]. Note — Under certain circumstances this offense can be a felony under state law.

[2]. Note — Under certain circumstances this offense can be a felony under state law.

[3]. Note — Under certain circumstances this offense can be a felony under state law.

[4]. Note — Under certain circumstances this offense can be a felony under state law.

[5]. Note — Under certain circumstances this offense can be a felony under state law.

[6]. Note — Under certain circumstances this offense can be a felony under state law.

[7]. Note — Under certain circumstances this offense can be a felony under state law.

[8]. Note — Under certain circumstances this offense can be a felony under state law.

[9]. Note — Under certain circumstances this offense can be a felony under state law.

[10]. Note — Under certain circumstances this offense can be a felony under state law.

[11]. Note — Under certain circumstances this offense can be a felony under state law.

[12]. Note — Under certain circumstances this offense can be a felony under state law.

[13]. Note — Under certain circumstances this offense can be a felony under state law.

[14]. Note — Under certain circumstances this offense can be a felony under state law. *State Law Reference — Section 252.243.3, RSMo., limits the discharge of firearms in certain areas known as Hunting Heritage Protection Areas, which are defined therein.

[15]. Note — Under certain circumstances this offense can be a felony under state law.

[16]. Note — Under certain circumstances this offense can be a felony under state law.

[17]. Note — Under certain circumstances this offense can be a felony under state law.

[18]. Note — Under certain circumstances this offense can be a felony under state law.

[19]. Note — Under certain circumstances this offense can be a felony under state law.

[20]. Note — Under certain circumstances this offense can be a felony under state law.

[21]. Note — Under certain circumstances this offense can be a felony under state law.

[22]. Note — Under certain circumstances this offense can be a felony under state law.

[23]. Note — Under certain circumstances this offense can be a felony under state law.

[24]. Note — Under certain circumstances this offense can be a felony under state law.

[25]. Note — Under certain circumstances this offense can be a felony under state law.

[26]. Note — Under certain circumstances this offense can be a felony under state law.

[27]. Note — Under certain circumstances this offense can be a felony under state law.

[28]. Note — Under certain circumstances this offense can be a felony under state law.

[29]. Cross Reference — As to restrictions on swimming in lakes, §235.020 of this Code.

[30]. Note — Under certain circumstances this offense can be a felony under state law.

[31]. Note — Under certain circumstances this offense can be a felony under state law.

[32]. Note — Under certain circumstances this offense can be a felony under state law.

[33]. Note — Under certain circumstances this offense can be a felony under state law.

[34]. Note — Under certain circumstances this offense can be a felony under state law.

[35]. Cross Reference — Driving while under the influence of alcohol, ch. 342.

[36]. Editor's Note — Ord. no. 418 §1, adopted September 14, 2011, repealed section 210.575 "drinking or possession of alcohol in public places" in its entirety.

[37]. State Law References — As to authority of city to restrain and prohibit noises, RSMo. §79.450(2); as to disturbing the peace by unusual noise, RSMo. §562.240.

[38]. Cross Reference — As to advertising generally, ch. 610 of this Code.

Chapter 200

POLICE DEPARTMENT

Section 200.010. City Marshal, Training Requirements. [Ord. No. 414 §§1 — 2, 5-11-2011; Ord. No. 419 §1, 10-12-2011]

A. Any person who is appointed as City Marshal in any Fourth Class City of this State shall, within six (6) months of such appointment, cause to be filed with the City Clerk of the City and Director of the Department of Public Safety proof that he/she has completed the training program formulated pursuant to Sections 590.170 and 590.175, RSMo., or some other comparable training program of not less than one hundred twenty (120) hours instruction approved by the Director of the Department of Public Safety. If the newly appointed City Marshal is unable to complete the training program within six (6) months due to the proper course not being available from the Department of Public Safety, an extension may be granted until such a course is made available.

B. Whether any person appointed to his/her first (1st) term as City Marshal attends such a training program prior to or after assuming the duties of his/her office shall be left to the discretion of the Board of Aldermen. During the time that a Marshal is enrolled in such a training program, he/she shall be hired as a City employee and receive as full compensation from the City, compensation at a rate equal to that of City Marshal.

C. Qualifications for applicants for the position of Marshal/Chief of Police are hereby established by the Board of Aldermen as follows:

1. Must hold a Missouri Class "A" P.O.S.T. Certificate.

2. Must be at least thirty (30) years of age.

3. Must have at least two (2) years of college except that five (5) years experience in the law enforcement field can be substituted for one (1) year of college. Ten (10) years experience would be rated the same as two (2) years of college.

4. Must have a valid driver's license.

5. Must be able to demonstrate through references a history of ethical behavior in previous positions.

6. Must not have been convicted of any felony.

7. Must have at least five (5) years experience working as a Law Enforcement Officer to include at least two (2) years as a supervisor or commander of other Police Officers.

8. Should have demonstrated ability in providing or implementing strategies to improve public safety.

9. Should have demonstrated ability to develop and/or implement the budget of the Police Department.

10. Must be certified by a physician to be in good enough physical condition to perform all the duties of a Police Officer.

If all other qualifications are considered equal, preference in selection shall be given to applicants who reside at Lake Waukomis. If not a resident, applicants should live within a thirty (30) minute response time of Lake Waukomis.

Section 200.020. Monthly Report To Board of Aldermen. [CC 1974 §18-5; Ord. No. 6 §1-608, 2-8-1958]

The City Marshal shall, at each regular meeting of the Board of Aldermen, make a written report setting forth all money collected or received during the preceding month belonging to the City, together with the names of the persons from whom he/she received any money and on what account. Such report shall be carefully examined by the Board and if found to be correct, such report shall be approved, the order of approval entered in the journal of proceedings and such report shall be filed and kept by the City Clerk.

Section 200.030. Size of Police Force — Powers.

The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance. They shall have power to serve and execute all warrants, subpoenas, writs or other process and to make arrests in the same manner as the Marshal. They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality. The Marshal and Policemen shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City.

Chapter 205

ANIMAL AND FOWL REGULATIONS

Cross References — Accumulation, etc., of food or harborage for rats, §217.090; fishing generally, §§235.190 et seq.

State Law Reference — Authority of city to regulate animals and fowl, RSMo. §79.400.

Article I

In General

Section 205.010. Dangerous Animal. [CC 1974 §4-1; Ord. No. 21 §4-107, 3-1-1958; Ord. No. 153 §2, 2-13-1985; Ord. No. 256 §2, 1-12-2000; Ord. No. 360 §1, 5-8-2008]

A. Dangerous Animal.

1. Any animal with the following characteristics shall be classified as dangerous by the City Marshal.

a. Any animal which has inflicted a severe or fatal injury on a human being on public or private property. "Severe injury" means any physical injury resulting directly from an animal's bite, which results in broken bones or lacerations requiring stitches, or hospitalization. The victim receiving severe injuries as defined above, must provide the City Marshal with a signed physician's statement documenting the injury and the treatment qualifying such as a severe injury, or sign an authorization for the release of such statement.

b. Any animal which has bitten a human being, without provocation, on public or private property other than the property of the owner.

c. Any animal which, while on the owner's property, has bitten, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the animal is kept.

d. Any animal which, while off the owner's property, has injured or killed a domestic animal, livestock, or poultry without provocation.

e. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

f. Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds, or private property other than that property of the owner, in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by said animal.

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

2. If the circumstances surrounding the classification as a dangerous animal under any of the definitions listing in Subparagraph (1) are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Mayor for a hearing and possible appeal.

a. A hearing board, consisting of the Mayor, City Marshal and City Clerk, or their delegates, shall be convened within ten (10) working days after receipt of a bona fide written request.

b. Pending the outcome of such a hearing, the animal must be confined in such a manner so as not to be a threat to any person. The confinement may be on the owner's premises or with a licensed veterinarian.

c. The hearing board shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing by the owner, in addition to witnesses, animal control personnel, police or any other person possessing information pertinent to such determination.

d. The hearing board shall issue written findings within five (5) days after the hearing. The owner or possessor of the animal found to be dangerous shall be required to maintain the animal as herein provided in this Code.

3. Exemptions to dangerous animal classification.

a. With the exception of paragraph (1)(a), no animal may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.

b. With the exception of Subparagraph (1), the City Marshal may, because of extenuating circumstances, determine from the investigation of an incident, that an animal is not dangerous. However, the owner, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidences. This, however, does not exempt the owner from being cited for other animal control ordinance violations.

c. Animals owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.

4. Actions to be taken for dangerous animals causing severe or fatal injuries.

a. An animal responsible for an unproved severe or fatal attack shall be humanely destroyed.

b. An animal responsible for a provoked severe or fatal attack should be maintained as a "dangerous animal."

B. Dangerous Animal, Owners' Responsibilities. The following actions shall be required of owners of animals that have been declared dangerous animals:

1. Any dangerous animal which bites or scratches a human being, or any animal which is determined to be dangerous because of such biting or scratching of a human being, shall be impounded for a ten (10) day rabies quarantine.

2. Any dangerous animal shall wear at all times, a bright orange collar with a large brightly colored metal tag attached to the collar so the animal can readily be identified as a dangerous animal.

3. The owner or keeper shall notify the Police Department immediately if a dangerous animal is loose, unconfined or missing, has attacked another animal or has attacked a human being.

4. The owner or keeper shall notify the Police Department within twenty-four (24) hours if a dangerous animal has died or has been sold or given away. If the animal has been sold or given away, the owner or keeper shall provide the Police Department with the name, address and telephone number of the new owner, and, if the dog is kept within the City limits of Lake Waukomis, the new owner must comply with the requirements of this Code.

5. While on the owner's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and top. If it has no bottom secured to the sides, the sides must be embedded in the ground no less than twelve (12) inches. The enclosure must also provide protection from the elements for the animal. The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with offspring under three (3) months of age, the offspring may occupy the same enclosure as the mother.

6. No dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

7. The owner or keeper shall display a sign on his or her premises that there is a dangerous animal on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare from which the property is entered. In addition, a similar sign is required to be posted on the kennel or pen or fenced yard of such animal.

8. A dangerous animal may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible person. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.

9. The owner or keeper of a dangerous animal shall present to the Police Department proof that the owner or keeper has procured liability insurance in the amount of at least three hundred thousand dollars ($300,000.00), covering the twelve (12) month period during which licensing is sought. This policy shall contain a provision requiring the City of Lake Waukomis to be notified by the insurance company of any cancellation, termination, or expiration of the policy.

10. All owners or keepers of dangerous animals, must, within ten (10) days of such declaration, provide the Police Department with two (2) color photographs (one showing the left profile and the other showing the right profile) of the animal, clearly showing the color and approximate size of the animal.

11. It shall be unlawful for the owner or keeper of a dangerous animal within the City of Lake Waukomis to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of this Code may be, in addition to other penalties provided by the Municipal Code, subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or keeper to show compliance with this Code, whichever is shorter.

C. Guard Dog.

1. Definition: A guard dog is a dog not owned by a governmental unit, which dog is used to guard public or private property.

2. No person shall own, keep, harbor, maintain or allow to be upon any premises occupied by him or under his charge or control, any guard dog without such dog being confined behind a fence from which it cannot escape. No guard dog may be kept in any part of a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. Guard dogs must not be used or maintained in a manner which, as determined by the City Marshal, endangers individuals on or off the premises guarded.

3. Any guard dog, including law enforcement dogs, used in the City by virtue of such use is hereby declared to be subject to the license and rabies vaccination requirements of this Code.

4. All guard dogs residing in or used as such in the City of Lake Waukomis must be registered annually with the Police Department.

D. Anyone convicted of violating any of the provisions of this Section or any other ordinance of the City may be punished by a fine of up to five hundred dollars ($500.00) and may be jailed for up to ninety (90) days or both. If a violation of this Section continues, each day's violation shall be deemed a separate violation. Upon conviction of failure to comply with any provision of this Section, in addition to the usual judgment on conviction, if such animal is still living, the Municipal Judge may order that such animal be humanely killed and direct the City Marshal to enforce that order and the Police Department shall assist as may be required by the Marshal.

Section 205.020. Bullbaiting and Cockfighting — Penalty.

Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, and any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him/her or under his/her control to be so kept or used, shall, on conviction thereof, be guilty of an ordinance violation.

Section 205.030. Dogs, Fighting, Training To Fight or Injuring For Amusement or Gain, Penalty — Spectator, Penalty. [1]

A. Any person who:

1. Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;

2. For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or

3. Permits any act as described in Subdivision (1) or (2) of this Subsection to be done on any premises under his charge or control, or aids or abets any such act is guilty of an ordinance violation.

B. Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation.

C. Nothing in this section shall be construed to prohibit:

1. The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody of such livestock;

2. The use of dogs in hunting; or

3. The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

Section 205.040. Disposal of Animal Waste Required. [Ord. No. 303 §§1 — 3, 11-12-2003]

A. All manure and excreta in the yard of any residence wherein a pet or animal is kept shall be removed or disposed of by the owner or keeper of the animal as soon as reasonably possible.

B. The owner or keeper of every animal, when such animal is off the property controlled by the owner or keeper, shall be responsible for the removal of any excreta deposited by such animal on walks, streets, recreation areas or private property and it shall be a violation of this Section for such owner or keeper to fail to remove or provide for the removal of such excreta before taking the animal from the immediate area where such excretion occurred.

C. The owner or keeper of any animal shall be deemed in violation of this Section when accompanying such animal off the property controlled by the owner or keeper if the owner or keeper does not have in his/her possession such paraphernalia necessary to facilitate removal of any such excreta.

Article II

Dogs and Cats [2]

DIVISION 1

Generally

Section 205.050. Definitions. [CC 1974 §4-8; Ord. No. 42 §l, 5-17-1962; Ord. No. 78 §§1, 3, 7-11-1968; Ord. No. 83 §§1 — 2, 11-14-1968; Ord. No. 93 §2, 4-15-1970; Ord. No. 311 §4-8, 8-25-2004]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

DOGS OR CATS — All animals of the canine or feline species, both male and female.

DOMESTICATED ANIMALS — Shall be comprised of only dogs, cats and Vietnamese pot-bellied pigs as provided for in Section 205.190.

EXPOSED TO RABIES — An animal has been "exposed to rabies" when bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.

HUMANE OFFICER — Any person designated by the Board of Aldermen.

LICENSED VETERINARIAN — Any veterinarian duly licensed under the laws of the State.

OWNER — Any person owning, keeping or harboring a dog or cat.

RESTRAINT — A dog is under "restraint" if it is on the property of its owner or is under the immediate and effective control of a responsible person.

SERVICE DOG — A dog of either sex used to assist people who are physically, hearing, visually impaired or assist documented not-for-profit services for the purpose of search and rescue.

SPAYED FEMALE DOG — A female dog certified by a licensed veterinarian to have been spayed.

Section 205.060. Animal Neglect or Abandonment.

A. A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.

B. A person is guilty of animal abandonment if he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.

C. Animal neglect or animal abandonment are ordinance violations. For a first offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first conviction of animal neglect or animal abandonment may be waived by the court, provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.

D. In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:

1. The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

2. The disposal of any dead or diseased animals within the person's custody or ownership;

3. The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

4. The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

Section 205.063. Animal Trespass.

A. A person is guilty of animal trespass if a person having ownership or custody of an animal knowingly fails to provide adequate control for a period equal to or exceeding twelve (12) hours.

B. For a first conviction of animal trespass, each offense shall be punishable by a fine not to exceed two hundred dollars ($200.00). The second and all subsequent convictions shall be punishable by imprisonment or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment. All fines for a first conviction of animal trespass may be waived by the court, provided that the person found guilty of animal trespass shows that adequate, permanent remedies for trespass have been made. Reasonable costs incurred for the care and maintenance of trespassing animals may not be waived. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.

Section 205.065. Animal Abuse. [3]

A. A person is guilty of animal abuse if a person:

1. Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;

2. Purposely or intentionally causes injury or suffering to an animal; or

3. Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.

Section 205.070. Domesticated Animals — Limit. [Ord. No. 311 §4-9.1, 8-25-2004]

There shall be a limit of two (2) adult animals per family; except, that in the event there are young born to the above dogs and/or cats, the number specified may be exceeded for a reasonable time, but not in excess of three (3) months following the date of birth. If the above dogs are service animals, there shall be a limit of four (4) adult animals for the purpose of training.

Section 205.075. Barking or Howling Domesticated Animals — Nuisances. [CC 1974 §4-10; Ord. No. 42 §6, 5-17-1962]

No owner shall permit a domesticated animal habitually to bark, howl or in other ways be a public nuisance.

Section 205.080. Owner To Restrain Domesticated Animal. [CC 1974 §4-11; Ord. No. 42 §4, 5-17-1962]

A domesticated animal owner shall keep his/her dog under restraint at all times.

Section 205.090. Confinement of Female Dogs in Heat. [CC 1974 §4-12; Ord. No. 42 §7, 5-17-1962]

The owner of any female dog in heat shall confine her within a building in such manner that such dog will not be accessible to other dogs, except for planned breeding, and will not attract male dogs.

Section 205.100. Authority of Officers Generally — Interfering With Officers. [CC 1974 §4-13; Ord. No. 42 §9, 5-17-1962; Ord. No. 388 §§1 — 2, 7-14-2010]

A. Any Police Officer or Humane Officer is authorized to enter any premises where a dog or cat is kept or harbored to inspect conditions under which the dog or cat is kept and to require the owner to exhibit a license for the dog or cat.

B. No person shall hinder, molest or interfere with any Police Officer or Humane Officer in the performance of his/her duties.

DIVISION 2

Licenses

Section 205.110. Compliance With Division. [CC 1974 §4-14; Ord. No. 42 §3, 5-17-1962; Ord. No. 388 §§1 — 2, 7-14-2010]

No person shall own, keep or harbor any dog or cat within the City unless such dog or cat is licensed as provided in this Division.

Section 205.120. Registration and Immunization Required — Records — Certificate of Registration and Tag or Check. [CC 1974 §4-15; Ord. No. 62 §2, 3-11-1965; Ord. No. 388 §§1 — 2, 7-14-2010]

A. Registration.

1. The owner or keeper of any dog or cat of the age of three (3) months or older shall register such dog or cat with the City Collector on or before January thirty-first (31st) of each year.

2. The name and address of the owner or keeper of a dog or cat so registered and an accurate description of the dog or cat shall be entered in a book kept for such purposes by the City Collector.

3. A certificate of registration and a metal or plastic tag or check bearing identical numbers shall be issued to the owner or keeper to be attached to a collar or other device and worn by such dog or cat.

B. Immunization. Before any dog or cat shall be registered or before a certificate or tag shall be issued as provided in Subsection (A) of this Section, the owner or keeper of the dog or cat shall present to the City Collector a certificate of immunization issued and signed by a licensed and registered veterinarian stating that the dog or cat has been immunized against rabies for the current year or that such dog or cat has been permanently immunized against rabies.

Section 205.130. License Fee. [CC 1974 §4-16; Ord. No. 62 §2, 3-11-1965; Ord. No. 139 §3, 11-15-1980; Ord. No. 388 §§1 — 2, 7-14-2010]

The annual license fee for each male dog or cat and each spayed female dog or cat shall be five dollars ($5.00) and for all other female dogs or cats it shall be seven dollars ($7.00). Any owner or keeper of any dog or cat who shall fail or refuse to pay such fee when payment is demanded shall forthwith surrender such dog or cat to the City Marshal for the purpose of being destroyed.

Section 205.140. Records and Reports To Board of Aldermen — When Fee Due and Payable — Disposition of Fee — Attaching Tag To Dog or Cat When Fee Not Paid. [CC 1974 §4-17; Ord. No. 62 §4, 3-11-1965; Ord. No. 388 §§1 — 2, 7-14-2010]

A. The City Collector shall keep a list of the persons paying the fee required by the previous Section noting the date and amount of payment.

B. The fee shall be due and payable on January thirty-first (31st) of each year; provided that if any person shall become the owner or keeper of any dog or cat after January thirty-first (31st) in any year, such person shall pay the same fee thereon for the remainder of the period ending January thirty-first (31st) following as if such dog or cat had been in the City on the preceding January and such dog or cat shall be fully subjected to the provisions of this Chapter.

C. The fee shall be paid by the City Collector into the City Treasury to the credit of the General Fund of the City.

D. It shall be unlawful for any person to attach or suffer to be attached to any dog or cat on which the fee has not been paid for the current year the metal or plastic tag described in this Division or any imitation thereof.

Article III

Waterfowl

DIVISION 1

Propagation

Section 205.150. Propagation. [CC 1974 §4-28; Ord. No. 234 §1, 11-12-1997]

It shall be unlawful for any person to introduce, raise, feed, hatch, harbor or propagate waterfowl of any type or species within the corporate limits of the City of Lake Waukomis.

Section 205.160. Enforcement. [CC 1974 §4-30; Ord. No. 234 §3, 11-12-1997]

The provisions of this Article shall be enforced by the City Marshal and Police Officers of this City.

Section 205.170. Definitions. [CC 1974 §4-30.1; Ord. No. 234 §4, 11-12-1997]

As used in this Article, the following terms shall mean:

FEED — To offer or provide food of any type or by any method.

HARBOR — To shelter, give refuge or conceal waterfowl.

HATCH — To cause young to emerge from the egg by incubation or other method.

INDIVIDUAL OFFENSE — Each person involved in violation of this Article and, if such violation be continuing, each days' violation shall also be deemed a separate offense.

INTRODUCE — To place, bring or position waterfowl onto the waters of Lake Waukomis or within the corporate limits of the City of Lake Waukomis.

PERSON — Any person, group of persons or corporation.

PROPAGATE — To cause to increase in number or amounts, to multiply by any process of reproduction.

RAISE — To cause or promote the growth of waterfowl.

WATERFOWL — Web-footed swimming birds of the family Anatidae, which includes ducks and geese.

DIVISION 2

Pest Control

Section 205.180. Pest Control. [CC 1974 §4-30.2; Ord. No. 235 §§1 — 5, 11-12-1997]

A. The Conservation Committee of the Lake Waukomis Homeowners' Association is authorized to submit to the Board of Aldermen for their approval a list of designated persons who shall have the authority to possess and discharge the devices described in Subsection (B) of this Division for the purpose of waterfowl pest control only.

B. The list of designated persons approved by the Board of Aldermen shall have authority to possess and discharge bird bangers, scream sirens and/or shot tells or such other devices as may be designated in the future by the Board of Aldermen for the purpose of waterfowl pest control only. Under no circumstances shall any designated person have authority to discharge firearms or devices not approved by the Board of Aldermen for the purpose of waterfowl pest control.

C. The list of designated persons shall be submitted on an annual basis by the Conservation Committee of the Lake Waukomis Homeowners' Association to the Board of Aldermen for approval. The Board of Aldermen shall have the right to remove any person designated on the list at any time for any reason.

D. The Board of Aldermen shall establish in writing the hours of the day during which persons on the approved list shall have authority to discharge devices approved by the Board of Aldermen for the purpose of waterfowl pest control only. It shall be unlawful for a person designated on the approved list to discharge any of the devices approved by the Board of Aldermen during a time period not approved by the Board of Aldermen.

E. The provisions of Sections 210.240 — 210.280, 210.610 and Chapter 215 of the ordinances of the City of Lake Waukomis, Missouri, shall not be construed to forbid persons designated on the list approved by the Board of Aldermen from possessing or discharging bird bangers, scream sirens and/or shot tells or any other devices approved by the Board of Aldermen for the purpose of waterfowl pest control only during the hours of the day designated by the Board of Aldermen.

Article IV

Other Animals

Section 205.190. Potbellied Pigs. [CC 1974 §4-31; Ord. No. 186 §1, 4-8-1992]

One (1) domesticated Vietnamese potbellied pig may be kept in residentially zoned areas of the City, provided that males over the age of four (4) weeks and females over age of one hundred twenty (120) days are neutered and adult pigs do not exceed ninety-five (95) pounds in weight. All such animals must be of proven pure bred lineage and the owner must be able to produce litter papers to verify pedigree. In addition, one (1) pig over the age of one hundred twenty (120) days must be registered and licensed as required of dogs in Section 205.110 of this Chapter. Fees for such licenses will be the same as required for dogs and must be obtained from the City Collector who must receive a certificate of immunization from a licensed veterinarian that such Vietnamese potbellied pig has been vaccinated against pseudorabies prior to issuing such license. The following Sections applicable to dogs shall also apply to domesticated Vietnamese potbellied pigs: Sections 205.075, 205.080, 205.100, 205.130 and 205.140. Sections of this Chapter applying to animals in general shall also apply to domesticated Vietnamese potbellied pigs.

Section 205.200. Exotic Animals.

A. Exotic Or Wild Animal — Definition, Etc. Any mammal, fowl, fish or any other species not commonly considered as pets or commonly raised for food or agricultural purposes which pose a possible threat to the life or health of humans. Any restrictions on the keeping of such animals shall not apply to traveling entertainment shows such as circuses so long as exotic animals which may be a part of such shows are confined in such a manner as to reasonably provide safe separation between the exotic animal and the general public. The Marshal shall be responsible for determining the applicability of this definition to any mammal, fowl, fish or other species.

B. No person or corporation shall possess, house, shelter, pen, sell or offer for sale within the limits of the City of Lake Waukomis any exotic animal as defined in Subsection (A) of this Section. A person desiring to possess any mammal, fowl, fish or other species which, in the opinion of the Marshal is prohibited under this definition shall have the right to request a public hearing before the Board of Aldermen which shall make a final decision and be governed by majority vote.

Section 205.210. Feeding Wildlife Prohibited. [Ord. No. 415 §1, 6-8-2011]

A. The feeding of wildlife, including, but not limited to, Canada Geese and feral cats, within the City limits is prohibited.

B. The term "feral cat" is hereby defined as follows:

B. Feral cats are abandoned cats or cats born in the wild without City licenses or tags. Abandoned means to drop off or leave a cat on a street, road, or highway, or in a public place, or on the private property of another, or fail to provide an animal adequate sustenance for a period of forty-eight (48) hours.

C. No person shall deposit, place, distribute, leave or allow to be left any food of any kind or nature that may be consumed by wildlife, including Canada Geese and/or feral cats, on public or private property within the City of Lake Waukomis.

D. No person who owns, rents, or resides in a residence in the City of Lake Waukomis shall allow or permit food of any kind or nature, which may be consumed by wildlife, including Canada Geese and feral cats, to be placed, left or remain on the outside premises of said residence.

E. The provisions of this Section shall not apply to any public officer or public employee in the performance of his or her duties, including feeding for the purpose of trapping feral cats or other wild animals. The provisions of this Section shall not apply to the feeding of birds other than waterfowl.

F. Any person who shall violate or fail to comply with the provisions of this Section may, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or confinement not to exceed ninety (90) days, or both. Each act in which a person violates this Section shall be considered a separate incident and may be punished as a separate occurrence.



[1]. Note — Under certain circumstances this offense can be a felony under state law.

[2]. State Law Reference — As to dogs, RSMo. §§273.010 et seq.

[3]. Note — Under certain circumstances this offense can be a felony under state law.

Chapter 217

HEALTH AND SANITATION

Cross References — As to animals and fowl generally, ch. 205; as to emergency management generally, ch. 225; as to creating or permitting nuisances, ch. 215; as to maintenance of privies, ponds, drains, etc., §215.010; as to throwing or placing pollutants in lake, §235.010; as to refuse, garbage and junk generally, ch. 230; as to water generally, ch. 700.

Section 217.010. Definitions. [CC 1974 §11-1; Ord. No. 27 §4-701, 3-13-1958]

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

LESSEE IN POSSESSION — Any person occupying premises within the City.

OWNER — The actual owner, agent or custodian of any premises in the City.

RAT HARBORAGE — Any condition that provides a shelter or protection for rats.

Section 217.020. Board of Health — Composition — Appointment and Term. [CC 1974 §11-2; Ord. No. 7 §1-710, 2-8-1958]

Two (2) members of the Board of Aldermen, who shall be appointed by the Mayor, shall constitute a Board of Health and such members shall hold their office for a term of one (1) year and until their successors are duly appointed and qualified.

Section 217.030. Board of Health — Duties Generally. [CC 1974 §11-3; Ord. No. 7 §1-710, 2-8-1958]

A. The duties of the Board of Health shall be as follows:

1. To exercise a general supervision over the sanitary affairs of the City;

2. To report to the Mayor all causes which, in their opinion, are likely to be detrimental to the general health of the City;

3. To confer with the Mayor, the Board of Aldermen or the City Marshal when requested to do so, concerning any matter with the City pertaining to its duties;

4. To determine as to the facts when it shall be reported that an infectious or contagious disease has been or is about to be brought into the City;

5. To report as to the truthfulness of such reported infection or disease, in writing, to the Mayor or the Board of Aldermen; and

6. To render such other professional services as may legally be required of them by the Board of Aldermen.

Section 217.040. Board of Health — Emergency Regulations As To Contagious Disease. [CC 1974 §11-4]

In any case of public emergency, the Board of Health shall have authority to establish regulations relative to prevention and control of contagious or infectious diseases.

Section 217.050. Board of Health — Failure To Obey Order. [CC 1974 §11-5; Ord. No. 22 §4-210, 3-1-1958]

For every failure, refusal or neglect by any person to comply with any order from the Board of Health or to remedy or remove any nuisance existing on their premises, or if any person shall in anywise disobey, disregard or interfere with the enforcement of the orders of the Board, such person shall be punished as provided in Section 100.220. In addition to such penalty, all expenses incurred in removing such nuisance may be recovered by the City as other fines, penalties or forfeitures.

Section 217.060. Enforcement of Chapter — Service of Notice, Etc. [CC 1974 §11-6; Ord. No. 27 §4-704, 3-13-1958]

It shall be the duty of the Board of Health to perform the following duties required in this Chapter: To examine and inspect any accumulation of trash, garbage or junk within the limits of the City; to determine if unsanitary conditions exist which afford feed or harborage for rats; and, upon finding such conditions, to give the owner or lessee in possession of the premises upon which such unsanitary condition exists a written notice of such condition and of the action needed to correct such condition.

Section 217.070. Compliance With Notice From Board of Health. [CC 1974 §11-7; Ord. No. 27 §4-705, 3-13-1958]

Upon receipt of the written notice provided for in Section 217.060, the owner shall complete all action necessary to eliminate the unsanitary condition within fifteen (15) days or within such extensions of time as may be granted to correct such conditions or be deemed guilty of a violation of this Chapter.

Section 217.080. Storage of Garbage or Waste. [1] [CC 1974 §11-8; Ord. No. 27 §4-702, 3-13-1958]

All garbage, waste, animal or vegetable matter or small dead animals shall be stored in containers with a windproof and ratproof cover.

Section 217.090. Accumulation, Etc., of Food or Harborage For Rats. [CC 1974 §11-9; Ord. No. 27 §4-703, 3-13-1958]

A. It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish, trash or junk which affords either food or a harborage for rats within the City.

B. It shall be unlawful for any owner of premises within the City to place, store or accumulate upon his/her premises any junk, unlicensed or unused motor vehicles, house trailers and trailers, farm equipment or junk of any type which offers or affords harborage of rats and other vermin.

Section 217.100. Each Day A Separate Offense Upon Non-Compliance With Chapter. [CC 1974 §11-10; Ord. No. 27 §4-706, 3-13-1958]

If any owner shall fail or refuse to comply with the requirements of Sections 217.080 and 217.090, every day the unsanitary condition remains uncorrected after the expiration of the time specified in Section 217.070 shall constitute a separate offense.

Section 217.110. Drainage of Rainwater and Surface Water. [CC 1974 §11-11; Ord. No. 259 §§1 — 2, 4-12-2000]

A. The appropriate officials of the City of Lake Waukomis are hereby authorized to conduct testing, including smoke testing or other forms of testing, to determine if any of the residences or other structures within the City of Lake Waukomis allow or permit any rainwater or surface water to empty into or drain directly or indirectly into the sanitary sewer system of Lake Waukomis.

B. All residences and other structures shall drain rainwater and surface water into the waters of Lake Waukomis in such a manner that will prevent siltation and damage to the adjoining and neighboring property.

C. It shall be unlawful to cause or permit any rainwater or surface water to empty into or drain, directly or indirectly, into the sanitary sewer system of the City of Lake Waukomis; provided that all residences and structures now so equipped that such rainwater and surface water is draining into the sanitary sewer system shall have sixty (60) days after written notice has been provided to comply with this Section, and it shall thereafter be unlawful to cause or permit rainwater and surface water to empty or drain, directly or indirectly, into the sanitary sewer system of the City.

D. If it is determined that any residence or other structure is being maintained in such a manner as to cause or permit any rainwater or surface water to empty into or drain, directly or indirectly, into the sanitary sewer system of Lake Waukomis, Missouri, then the owner or owners of said residence or other structure shall be provided written notice, either by delivery in person or by certified mail to said address, giving the owner sixty (60) days to comply with this Section. Each twenty-four (24) hour period thereafter that the owner fails to comply shall be deemed an additional violation of this Section.



[1]. Cross Reference — As to refuse and garbage, ch. 230 of this Code.

Chapter 217

HEALTH AND SANITATION

Cross References — As to animals and fowl generally, ch. 205; as to emergency management generally, ch. 225; as to creating or permitting nuisances, ch. 215; as to maintenance of privies, ponds, drains, etc., §215.010; as to throwing or placing pollutants in lake, §235.010; as to refuse, garbage and junk generally, ch. 230; as to water generally, ch. 700.

Section 217.010. Definitions. [CC 1974 §11-1; Ord. No. 27 §4-701, 3-13-1958]

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

LESSEE IN POSSESSION — Any person occupying premises within the City.

OWNER — The actual owner, agent or custodian of any premises in the City.

RAT HARBORAGE — Any condition that provides a shelter or protection for rats.

Section 217.020. Board of Health — Composition — Appointment and Term. [CC 1974 §11-2; Ord. No. 7 §1-710, 2-8-1958]

Two (2) members of the Board of Aldermen, who shall be appointed by the Mayor, shall constitute a Board of Health and such members shall hold their office for a term of one (1) year and until their successors are duly appointed and qualified.

Section 217.030. Board of Health — Duties Generally. [CC 1974 §11-3; Ord. No. 7 §1-710, 2-8-1958]

A. The duties of the Board of Health shall be as follows:

1. To exercise a general supervision over the sanitary affairs of the City;

2. To report to the Mayor all causes which, in their opinion, are likely to be detrimental to the general health of the City;

3. To confer with the Mayor, the Board of Aldermen or the City Marshal when requested to do so, concerning any matter with the City pertaining to its duties;

4. To determine as to the facts when it shall be reported that an infectious or contagious disease has been or is about to be brought into the City;

5. To report as to the truthfulness of such reported infection or disease, in writing, to the Mayor or the Board of Aldermen; and

6. To render such other professional services as may legally be required of them by the Board of Aldermen.

Section 217.040. Board of Health — Emergency Regulations As To Contagious Disease. [CC 1974 §11-4]

In any case of public emergency, the Board of Health shall have authority to establish regulations relative to prevention and control of contagious or infectious diseases.

Section 217.050. Board of Health — Failure To Obey Order. [CC 1974 §11-5; Ord. No. 22 §4-210, 3-1-1958]

For every failure, refusal or neglect by any person to comply with any order from the Board of Health or to remedy or remove any nuisance existing on their premises, or if any person shall in anywise disobey, disregard or interfere with the enforcement of the orders of the Board, such person shall be punished as provided in Section 100.220. In addition to such penalty, all expenses incurred in removing such nuisance may be recovered by the City as other fines, penalties or forfeitures.

Section 217.060. Enforcement of Chapter — Service of Notice, Etc. [CC 1974 §11-6; Ord. No. 27 §4-704, 3-13-1958]

It shall be the duty of the Board of Health to perform the following duties required in this Chapter: To examine and inspect any accumulation of trash, garbage or junk within the limits of the City; to determine if unsanitary conditions exist which afford feed or harborage for rats; and, upon finding such conditions, to give the owner or lessee in possession of the premises upon which such unsanitary condition exists a written notice of such condition and of the action needed to correct such condition.

Section 217.070. Compliance With Notice From Board of Health. [CC 1974 §11-7; Ord. No. 27 §4-705, 3-13-1958]

Upon receipt of the written notice provided for in Section 217.060, the owner shall complete all action necessary to eliminate the unsanitary condition within fifteen (15) days or within such extensions of time as may be granted to correct such conditions or be deemed guilty of a violation of this Chapter.

Section 217.080. Storage of Garbage or Waste. [1] [CC 1974 §11-8; Ord. No. 27 §4-702, 3-13-1958]

All garbage, waste, animal or vegetable matter or small dead animals shall be stored in containers with a windproof and ratproof cover.

Section 217.090. Accumulation, Etc., of Food or Harborage For Rats. [CC 1974 §11-9; Ord. No. 27 §4-703, 3-13-1958]

A. It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish, trash or junk which affords either food or a harborage for rats within the City.

B. It shall be unlawful for any owner of premises within the City to place, store or accumulate upon his/her premises any junk, unlicensed or unused motor vehicles, house trailers and trailers, farm equipment or junk of any type which offers or affords harborage of rats and other vermin.

Section 217.100. Each Day A Separate Offense Upon Non-Compliance With Chapter. [CC 1974 §11-10; Ord. No. 27 §4-706, 3-13-1958]

If any owner shall fail or refuse to comply with the requirements of Sections 217.080 and 217.090, every day the unsanitary condition remains uncorrected after the expiration of the time specified in Section 217.070 shall constitute a separate offense.

Section 217.110. Drainage of Rainwater and Surface Water. [CC 1974 §11-11; Ord. No. 259 §§1 — 2, 4-12-2000]

A. The appropriate officials of the City of Lake Waukomis are hereby authorized to conduct testing, including smoke testing or other forms of testing, to determine if any of the residences or other structures within the City of Lake Waukomis allow or permit any rainwater or surface water to empty into or drain directly or indirectly into the sanitary sewer system of Lake Waukomis.

B. All residences and other structures shall drain rainwater and surface water into the waters of Lake Waukomis in such a manner that will prevent siltation and damage to the adjoining and neighboring property.

C. It shall be unlawful to cause or permit any rainwater or surface water to empty into or drain, directly or indirectly, into the sanitary sewer system of the City of Lake Waukomis; provided that all residences and structures now so equipped that such rainwater and surface water is draining into the sanitary sewer system shall have sixty (60) days after written notice has been provided to comply with this Section, and it shall thereafter be unlawful to cause or permit rainwater and surface water to empty or drain, directly or indirectly, into the sanitary sewer system of the City.

D. If it is determined that any residence or other structure is being maintained in such a manner as to cause or permit any rainwater or surface water to empty into or drain, directly or indirectly, into the sanitary sewer system of Lake Waukomis, Missouri, then the owner or owners of said residence or other structure shall be provided written notice, either by delivery in person or by certified mail to said address, giving the owner sixty (60) days to comply with this Section. Each twenty-four (24) hour period thereafter that the owner fails to comply shall be deemed an additional violation of this Section.



[1]. Cross Reference — As to refuse and garbage, ch. 230 of this Code.

Chapter 225

EMERGENCY MANAGEMENT

Section 225.010. Establishment.

There is hereby created within and for the City of Lake Waukomis an emergency management organization to be known as the Lake Waukomis Emergency Management Organization, which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.

Section 225.020. Organization.

This agency shall consist of a Director and other members appointed by the Lake Waukomis Emergency Management Organization to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.

Section 225.030. Functions.

The organization shall perform emergency management functions within the City of Lake Waukomis and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of Chapter 44, RSMo., and supplements thereto.

Section 225.040. Director. [CC 1974 §6-3]

A. The Director will be appointed by the Mayor and shall serve at the pleasure of the Mayor.

B. The Director shall have direct responsibility for the organization, administration and operations of local emergency management operations, subject to the direction and control of the Mayor or Board of Aldermen.

C. The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Lake Waukomis Emergency Management Organization.

Section 225.050. Scope of Operation.

A. The City of Lake Waukomis in accordance with Chapter 44, RSMo., may:

1. Appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons, the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the Federal and State Governments.

2. Appoint, provide or remove rescue teams, auxiliary fire and Police personnel and other emergency operation teams, units or personnel who may serve without compensation.

Section 225.060. Mutual-Aid Agreements.

The Mayor or Public Safety Agency may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid as authorized in Section 44.090, RSMo.

Section 225.070. City May Accept Services, Etc.

The Mayor of the City may, with the consent of the Governor, accept services, materials, equipment, supplies or funds gifted, granted or loaned by the Federal Government or an officer or agency thereof for emergency management purposes, subject to the terms of the offer.

Section 225.080. Oath.

No person shall be employed or associated in any capacity in the Lake Waukomis Emergency Management Organization who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this State or the overthrow of any Government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in the Lake Waukomis Emergency Management Organization shall, before entering upon his/her duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:

"I,________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such a time as I am a member of the Lake Waukomis Emergency Management Organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence."

Section 225.090. Office Space.

The Mayor is authorized to designate space in any City-owned or leased building for the Lake Waukomis Emergency Management Organization.

Chapter 215

NUISANCES

Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.455.

ARTICLE I

Generally

Section 215.010. Nuisances Affecting Health.

A. The following are declared to be nuisances affecting health:

1. All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.

2. All diseased animals running at large.

3. All ponds or pools of stagnant water.

4. Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.

5. Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste.

6. Garbage cans which are not fly-tight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.

7. The pollution of any well, cistern, spring, underground water, stream, lake, canal or body of water by sewage or industrial wastes, or other substances harmful to human beings.

8. Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant or to any other person.

9. Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.

10. Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded, or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time.

11. Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.

12. The keeping of animals and fowls in any area within the City not zoned for agricultural uses except pet cats and dogs, pot bellied pigs, animals in public or licensed zoos, and farm animals in laboratories.

13. No person shall discharge or cause to be discharged into a stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system or which will pollute the natural creeks or waterways.

14. All other acts, practices, conduct, business, occupation callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Lake Waukomis.

B. Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied lot or land or any part thereof in the City of Lake Waukomis or within one-half (½) mile of the corporate limits of the City of Lake Waukomis, Missouri, to cause, permit or maintain a nuisance on any such lot or land. Additionally, it is unlawful for any person or his/her agent, servant, representative or employee to cause or maintain a nuisance on the land or property of another with or without permission.

B. Each day that a nuisance shall be maintained is a separate offense.

C. Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner.

D. Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:

1. It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days' notice thereof.

2. Such notice shall be signed by the Health Officer or Marshal and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once, if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board.

3. If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Marshal or other City Official to order the person to abate the nuisance within twenty (20) days or within such other time as the Board may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board, and that a special tax bill be issued for the costs of abating the nuisance.

4. If the order has not been obeyed within the time period set by the Board, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.

5. The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the grading or paving of streets and shall be a lien on the property.

6. The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.

ARTICLE II

Abandoned Property

Section 215.020. Definitions. [1]

As used in this Article, the following terms shall have the meanings set out herein:

ABANDONED PROPERTY — Any unattended, unlicensed motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in this Article, whether or not operational. For any vehicle towed from the scene of an accident at the request of law enforcement and not retrieved by the vehicle's owner within five (5) days of the accident, the agency requesting the tow shall be required to write an abandoned property report or a criminal inquiry and inspection report.

INOPERABLE VEHICLE — Any vehicle which is not immediately capable of being operated under its own power at a designated speed. "Inoperable vehicles" shall include those with defective engines or motors, deflated tires, body damage such that the vehicle may not run under its own power or any other malfunction, disrepair or damage which prevents the normal use of the vehicle.

PERSON — Any natural person, corporation or other legal entity.

RIGHT-OF-WAY — The entire width of land between the boundary lines of any roadway.

ROADWAY — That portion of a road ordinarily used for vehicular travel, exclusive of the berm or shoulder.

TOWING COMPANY — Any person or entity which tows, removes or stores abandoned property.

Section 215.030. Abandoning Motor Vehicle — Last Owner of Record Deemed The Owner of Abandoned Motor Vehicle, Procedures — Penalty — Civil Liability.

A. A person commits the offense of abandoning a motor vehicle, vessel or trailer if he/she abandons any motor vehicle, vessel or trailer on the right-of-way of any public road or State highway or on or in any of the waters in this State or on the banks of any stream, or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof, or any political subdivision thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his/her consent.

B. For purposes of this Section, the last owner of record of a motor vehicle, vessel or trailer found abandoned and not shown to be transferred pursuant to Sections 301.196 and 301.197, RSMo., shall be deemed prima facie to have been the owner of such motor vehicle, vessel or trailer at the time it was abandoned and to have been the person who abandoned the motor vehicle, vessel or trailer or caused or procured its abandonment. The registered owner of the abandoned motor vehicle, vessel or trailer shall not be subject to the penalties provided by this Section if the motor vehicle, vessel or trailer was in the care, custody or control of another person at the time of the violation. In such instance, the owner shall submit such evidence in an affidavit permitted by the court setting forth the name, address and other pertinent information of the person who leased, rented or otherwise had care, custody or control of the motor vehicle, vessel or trailer at the time of the alleged violation. The affidavit submitted pursuant to this Subsection shall be admissible in a court proceeding adjudicating the alleged violation and shall raise a rebuttable presumption that the person identified in the affidavit was in actual control of the motor vehicle, vessel or trailer. In such case, the court has the authority to terminate the prosecution of the summons issued to the owner and issue a summons to the person identified in the affidavit as the operator. If the motor vehicle, vessel or trailer is alleged to have been stolen, the owner of the motor vehicle, vessel or trailer shall submit proof that a police report was filed in a timely manner indicating that the vehicle or vessel was stolen at the time of the alleged violation.

C. Abandoning a motor vehicle, vessel or trailer is an ordinance violation.

D. Any person convicted pursuant to this Section shall be civilly liable for all reasonable towing, storage and administrative costs associated with the abandonment of the motor vehicle, vessel or trailer. Any reasonable towing, storage and administrative costs in excess of the value of the abandoned motor vehicle, vessel or trailer that exist at the time the motor vehicle or vessel is transferred pursuant to Section 304.156, RSMo., shall remain the liability of the person convicted pursuant to this Section so long as the towing company, as defined in Chapter 304, RSMo., provided the title owner and lienholders, as ascertained by the Department of Revenue records, a notice within the time frame and in the form as described in Subsection (1) of Section 304.156, RSMo.

Section 215.040. Open Storage of Inoperable Vehicles or Public Safety Hazards Prohibited. [2]

The open storage of inoperable or unlicensed vehicles or other vehicles deemed by the City to constitute a public safety hazard is prohibited. Nothing in this Section shall apply to a vehicle which is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.

Section 215.050. Obstructing The Flow of Traffic Prohibited. [3]

Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any roadway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person who fails to comply with the requirements of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Section 215.060. Towing of Abandoned Property On Public Real Property. [4]

A. Any Law Enforcement Officer, or an official of the City where the City's real property is concerned, may authorize a towing company to remove to a place of safety:

1. Any abandoned property on the right-of-way of:

a. Any interstate highway or freeway in an urbanized area of the City left unattended for ten (10) hours, or immediately if a Law Enforcement Officer determines that the abandoned property is a serious hazard to other motorists;

b. Any interstate highway or freeway outside of an urbanized area of the City left unattended for twenty-four (24) hours, or after four (4) hours if a Law Enforcement Officer determines that the abandoned property is a serious hazard to other motorists;

c. Any State highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than twenty-four (24) hours;

provided that commercial motor vehicles referred to in Subsections (a — c) not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Section to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice; or

d. Any State highway other than an interstate highway or freeway in an urbanized area, left unattended for more than ten (10) hours.

2. Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal.

3. Any abandoned property which has been abandoned under Section 215.030 herein or Section 577.080, RSMo.

4. Any abandoned property which has been reported as stolen or taken without consent of the owner.

5. Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer takes the person into custody and where such person is unable to arrange for the property's timely removal.

6. Any abandoned property which due to any other State law or City ordinance is subject to towing because of the owner's outstanding traffic or parking violations.

7. Any abandoned property left unattended in violation of a State law or City ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

8. Any abandoned property illegally left standing on the waters of this State as defined in Section 306.010, RSMo., where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten (10) hours or is floating loose on the water.

9. Any abandoned property for which the person operating such property or vehicle eludes arrest for an alleged offense for which the officer would have taken the offender into custody.

B. When the City Police Department authorizes a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity, it shall complete a crime inquiry and inspection report.

C. Any City agency other than the City Police Department authorizing a tow under this Section where property is towed away from the immediate vicinity shall report the tow to the City Police Department within two (2) hours of the tow, along with a crime inquiry and inspection report.

Section 215.070. Towing of Abandoned Property On Private Real Property. [5]

A. Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 215.040 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of Section 215.080. When a City agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.

B. Towing Authorized By City Police Department. If a person abandons property on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any City Police Officer may authorize a towing company to remove such abandoned property from the property in the following circumstances:

1. The abandoned property is left unattended for more than forty-eight (48) hours; or

2. In the judgment of a Police Officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

C. Towing Authorized By Real Property Owner, Lessee Or Property Or Security Manager.

1. The owner of real property or lessee in lawful possession of the real property or the property or security manager of the real property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a Law Enforcement Officer only when the owner, lessee or property or security manager of the real property is present. A property or security manager must be a full-time employee of a business entity. An authorization to tow pursuant to this Subsection may be made only under any of the following circumstances:

a. Sign. There is displayed, in plain view at all entrances to the property, a sign not less than seventeen (17) by twenty-two (22) inches in size, with lettering not less than one (1) inch in height, prohibiting public parking and indicating that unauthorized abandoned property or property parked in a restricted or assigned area will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained or a twenty-four (24) hour staffed emergency information telephone number by which the owner of the abandoned property or property parked in a restricted or assigned area may call to receive information regarding the location of such owner's property.

b. Unattended on owner-occupied residential property. The abandoned property is left unattended on owner-occupied residential property with four (4) residential units or less and the owner, lessee or agent of the real property in lawful possession has notified the City Police Department, and ten (10) hours have elapsed since that notification.

c. Unattended on other private real property. The abandoned property is left unattended on private real property and the owner, lessee or agent of the real property in lawful possession of real property has notified the City Police Department, and ninety-six (96) hours have elapsed since that notification.

2. Pursuant to this Section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a City Police Officer shall at that time complete an abandoned property report which shall be considered a legal declaration subject to criminal penalty pursuant to Section 575.060, RSMo. The report shall be in the form designed, printed and distributed by the Missouri Director of Revenue and shall contain the following:

a. The year, model, make and abandoned property identification number of the property, and the owner and any lienholders, if known;

b. A description of any damage to the abandoned property noted by owner, lessee or property or security manager in possession of the real property;

c. The license plate or registration number and the State of issuance, if available;

d. The physical location of the property and the reason for requesting the property to be towed;

e. The date the report is completed;

f. The printed name, address and telephone number of the owner, lessee or property or security manager in possession of the real property;

g. The towing company's name and address;

h. The signature of the towing operator;

i. The signature of the owner, lessee or property or security manager attesting to the facts that the property has been abandoned for the time required by this Section and that all statements on the report are true and correct to the best of the person's knowledge and belief and that the person is subject to the penalties for making false statements;

j. Space for the name of the law enforcement agency notified of the towing of the abandoned property and for the signature of the Law Enforcement Official receiving the report; and

k. Any additional information the Missouri Director of Revenue deems appropriate.

3. Any towing company which tows abandoned property without authorization from the City Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the City Police Department. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the City Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (C)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.

4. The City Police Department, after receiving such abandoned property report, shall record the date on which the abandoned property report is filed with the Police Department and shall promptly make an inquiry into the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The Police Department shall enter the information pertaining to the towed property into the statewide law enforcement computer system and a Police Officer shall sign the abandoned property report and provide the towing company with a signed copy.

5. The City Police Department, after receiving notification that abandoned property has been towed by a towing company, shall search the records of the Missouri Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property, and if the tower has online access to the Department of Revenue's records, the tower shall comply with the requirements of Section 304.155, RSMo. If the abandoned property is not claimed within ten (10) working days, the towing company shall send a copy of the abandoned property report signed by a Law Enforcement Officer to the Department of Revenue.

6. No owner, lessee or property or security manager of real property shall knowingly authorize the removal of abandoned property in violation of this Section.

7. Any owner of any private real property causing the removal of abandoned property from that real property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

a. Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

b. The removal of property other than the property specified by the owner of the private real property from which the abandoned property was removed.

D. Damage To Property. The owner of abandoned property removed from private real property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

E. Real Property Owner Liability. Any owner of any private real property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this Article.

F. Written Authorization Required — Delegation Of Authority To Tow.

1. Except for the removal of abandoned property authorized by the City Police Department pursuant to this Section, a towing company shall not remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real property owner. All written authorizations shall be maintained for at least one (1) year by the towing company.

2. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen (15) feet of a fire hydrant or in a fire lane designated by a Fire Department or the State Fire Marshal.

G. Towing Company Liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (F) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.

Section 215.080. General Provisions and Procedures. [6]

A. Payment Of Charges. The owner of abandoned property removed as provided in this Article shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property.

B. Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 215.060 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 215.070, the City Police Department, where it authorized such towing or was properly notified by another governmental agency of such towing, shall promptly make an inquiry with the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system.

B. If the abandoned property is not claimed within ten (10) working days of the towing, the tower who has online access to the Department of Revenue's records shall make an inquiry to determine the abandoned property owner and lienholder, if any, of record. In the event that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the tower shall comply with the requirements of Subsection (3) of Section 304.156, RSMo. If the towner does not have online access, the City Police Department shall submit a crime inquiry and inspection report to the Missouri Director of Revenue. The City Police Department shall also provide one (1) copy of the report to the storage facility and one (1) copy to the towing company. A towing company that does not have online access to the department's records and that is in possession of abandoned property after ten (10) working days shall report such fact to the City Police Department. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:

1. The year, model, make and property identification number of the property, and the owner and any lienholders, if known;

2. A description of any damage to the property noted by the Law Enforcement Officer authorizing the tow;

3. The license plate or registration number and the State of issuance, if available;

4. The storage location of the towed property;

5. The name, telephone number and address of the towing company;

6. The date, place and reason for the towing of the abandoned property;

7. The date of the inquiry of the National Crime Information Center, any statewide Missouri law enforcement computer system, and any other similar system which has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by the City Police Department;

8. The signature and printed name of the Law Enforcement Officer authorizing the tow;

9. The name of the towing company, the signature and printed name of the towing operator, and an indicator disclosing whether the tower has online access to the department's records; and

10. Any additional information the Missouri Director of Revenue deems appropriate.

C. Reclaiming Property. The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

D. Lienholder Repossession. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or cooperation of the owner, then the repossessor shall notify the City Police Department within two (2) hours of the repossession and shall further provide the Police Department with any additional information the Police Department deems appropriate. The City Police Department shall make an inquiry with the National Crime Information Center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

E. Notice To Owner/Tow Lien Claim. Any towing company which comes into possession of abandoned property pursuant to this Article and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the Missouri Department of Revenue or of a corresponding agency in any other State. The towing company shall notify the owner and any lienholder within ten (10) business days of the date of mailing indicated on the notice sent by the Missouri Department of Revenue pursuant to Section 304.156, RSMo., by certified mail, return receipt requested. The notice shall contain the following:

1. The name, address and telephone number of the storage facility;

2. The date, reason and place from which the abandoned property was removed;

3. A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

4. A statement that the storage firm claims a possessory lien for all such charges;

5. A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

6. A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this Section to contest the propriety of such towing or removal;

7. A statement that if the abandoned property remains unclaimed for thirty (30) days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

8. A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

F. Physical Search Of Property. In the event that the Missouri Department of Revenue notifies the towing company that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the towing company shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this Section, "good faith effort" means that the following checks have been performed by the company to establish the prior State of registration and title:

1. Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a State of possible registration and title;

2. Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;

3. Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

4. If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

G. Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Article or any person claiming a lien, other than the towing company, within ten (10) days after the receipt of notification from the towing company pursuant to Subsection (E) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.

H. Notice To Owner. Notice as to the removal of any abandoned property pursuant to this Article shall be made in writing within five (5) working days to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which the property has been removed by either:

1. The public agency authorizing the removal; or

2. The towing company, where authorization was made by an owner or lessee of real property.

If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this Section shall include the amount of mileage if available shown on the abandoned property at the time of removal.

I. Tow Truck Requirements. Any towing company which tows abandoned property for hire shall have the towing company's name, City and State clearly printed in letters at least three (3) inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

J. Storage Facilities. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this Article shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property.

K. Disposition Of Towed Property. Notwithstanding the provisions of Section 301.227, RSMo., any towing company who has complied with the notification provisions in Section 304.156, RSMo., including notice that any property remaining unredeemed after thirty (30) days may be sold as scrap property, may then dispose of such property as provided in this Subsection. Such sale shall only occur if at least thirty (30) days has passed since the date of such notification, the abandoned property remains unredeemed with no satisfactory arrangements made with the towing company for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Section 304.156, RSMo. The towing company may dispose of such abandoned property by selling the property on a bill of sale as prescribed by the Director of Revenue to a scrap metal operator or licensed salvage dealer for destruction purposes only. The towing company shall forward a copy of the bill of sale provided by the scrap metal operator or licensed salvage dealer to the Director of Revenue within two (2) weeks of the date of such sale. The towing company shall keep a record of each such vehicle sold for destruction for three (3) years that shall be available for inspection by law enforcement and authorized Department of Revenue officials. The record shall contain the year, make, identification number of the property, date of sale, and name of the purchasing scrap metal operator or licensed salvage dealer and copies of all notifications issued by the towing company as required in this Chapter. Scrap metal operators or licensed salvage dealers shall keep a record of the purchase of such property as provided in Section 301.227, RSMo. Scrap metal operators and licensed salvage dealers may obtain a junk certificate as provided in Section 301.227, RSMo., on vehicles purchased on a bill of sale pursuant to the Section.

Section 215.090. Sale of Abandoned Property By City. [7]

When the City has physical possession of the abandoned property, it may sell the abandoned property in accordance with its established provisions and regulations and may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the official City Seal. Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number, and the odometer reading of the abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of Section 301.218, RSMo., or Section 301.560, RSMo., or for any other person.

ARTICLE III

Weeds, High Grass, Debris or Other Vegetation

Section 215.100. Debris On Property — Effect of Failure To Remove Nuisance — Penalties.

A. Any lot or land shall be a public nuisance if it has the presence of debris of any kind including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are seven inches or more in height, rubbish and trash, lumber not piled or stacked twelve inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material which is unhealthy or unsafe and declared to be a public nuisance.

B. When a public nuisance as described above exists, the Marshal shall so declare and give written notice to the owner of the property by personal service, certified mail, if otherwise unsuccessful, by publication. Such notice shall, at a minimum:

1. Declare that a public nuisance exists;

2. Describe the condition which constitute such nuisance;

3. Order the removal or abatement of such condition within seven (7) days from the date of service of such notice;

4. Inform the owner that he/she may file a written request for a hearing before the Marshal on the question of whether a nuisance exists upon such property; and

5. State that if the owner fails to begin removing the nuisance within time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Marshal shall cause the condition which constitutes the nuisance to be removed or abated and that the cost of such removal or abatement may be included in a special tax bill or added to the annual real estate tax bill for the property and collected in the same manner and procedure for collecting real estate taxes.

C. If the owner of such property fails to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Marshal shall cause the condition which constitutes the nuisance to be removed. If the Marshal causes such condition to be removed or abated, the cost of such removal shall be certified to the City Clerk and/or Finance Officer who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.



[1]. State Law Reference — For similar provisions, RSMo. §304.001.

[2]. State Law Reference — For similar provisions, RSMo. §304.159.

[3]. State Law Reference — For similar provisions, RSMo. §304.151.

[4]. State Law References — For similar provisions, RSMo. §§304.155.1(2004), 304.155.3.

[5]. State Law References — For similar provisions, RSMo. §§304.157.1 — 2, 304.157.4 — 9, 304.158.2 — 4, 304.158.8 — 9. (2004).

[6]. State Law References — For similar provisions, RSMo. §§304.155.5 — 6 (2004), 304.155.11 — 12(2004), 304.158.1, 304.158.5, 304.158.7.

[7]. State Law Reference — For similar provisions, RSMo. §304.156.

Chapter 220

HUMAN RIGHTS

ARTICLE I

Discriminatory Practices

Section 220.010. Unlawful Housing Practices.

A. It shall be an unlawful housing practice:

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

2. To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, disability or familial status.

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

4. To represent to any person because of race, color, religion, national origin, ancestry, sex, disability or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

5. To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, ancestry, sex, disability or familial status.

6. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

a. That buyer or renter;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or

c. Any person associated with that buyer or renter.

7. To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

a. That person;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or

c. Any person associated with that person.

B. For purposes of Sections 220.010 and 220.020 discrimination includes:

1. A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

2. A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

3. In connection with the design and construction of covered multi-family dwellings for first (1st) occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

a. The public use and common use portions of such dwellings are readily accessible to and usable by persons with a disability.

b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs.

c. All premises within such dwellings contain the following features of adaptive design:

(1) An accessible route into and through the dwelling;

(2) Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

(3) Reinforcements in bathroom walls to allow later installation of grab bars; and

(4) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

C. As used in Subdivision (3) of Subsection (B) of this Section, the term "covered multi-family dwelling" means:

1. Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and

2. Ground floor units in other buildings consisting of four (4) or more units.

D. Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for people with physical disabilities, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of Subsection (B)(3)(a) of this Section.

Section 220.020. Discrimination in Selling or Renting By Real Estate Agencies Prohibited.

It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service organization or facility relating to the business of selling or renting dwellings on account of race, color, religion, national origin, ancestry, sex, disability or familial status.

Section 220.030. Additional Unlawful Discriminatory Practices.

A. It shall be an unlawful discriminatory practice:

1. To aid, abet, incite, compel or coerce the commission of acts prohibited under this Chapter or to attempt to do so;

2. To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter;

3. For the City to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age as it relates to employment, disability or familial status as it relates to housing; or

4. To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.

Section 220.040. Exemptions.

A. Nothing in this Chapter shall be construed to invalidate or limit any law of the State or of the City that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this Chapter.

B. Nothing in Sections 220.010 and 220.020:

1. Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

2. Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision of said Sections regarding familial status apply with respect to housing for older persons.

3. Shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by Section 195.010, RSMo.

C. Nothing in this Chapter shall prohibit a religious organization, association or society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this Chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

D. Nothing in this Chapter shall apply to:

1. The sale or rental of any single-family house by a private individual owner, provided the following conditions are met:

a. The private individual owner does not own or have any interest in more than three (3) single-family houses at any one time; and

b. The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this Section applies to only one (1) such sale in any twenty-four (24) month period.

2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his/her residence.

Chapter 230

SOLID WASTE

Section 230.010. Definitions.

For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:

BULKY RUBBISH — Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available therefor.

CITY — The City of Lake Waukomis, Missouri.

COLLECTION — Removal of solid waste from its place of storage to the transportation vehicle.

COMMERCIAL SOLID WASTE — All solid waste generated from a source other than a dwelling unit.

CONTRACTOR — Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal for the City.

CURBSIDE — A location adjacent to and not more than five (5) feet from any street.

DISPOSABLE SOLID WASTE CONTAINER — Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-nine (39) gallons or, if specifically designated for storage of solid waste, a maximum of fifty-five (55) gallons.

DWELLING UNIT — Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating. Units of multiple-housing facilities may be billed as dwelling units upon request by the owner of said dwelling units.

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

HAZARDOUS WASTES — Any waste or combination of wastes, as determined by the Hazardous Waste Management Commission by rules and regulations, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a present or potential threat to the health of humans or the environment.

MAJOR APPLIANCES — Clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators and freezers.

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

PERSON — Any individual, partnership, limited liability company, corporation, association, trust, institution, City, County, other political subdivision, authority, State agency or institution, or Federal agency or institution, or any other legal entity. As applied to partnerships or associations, the word includes the partners or members thereof; and as applied to corporations, it includes the officers, agents or employees thereof who are responsible for the act referred to.

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

PROHIBITED ITEMS — Items which are eliminated by State law from being disposed of in a solid waste disposal area including, but not limited to, major appliances, waste oil, lead acid batteries, waste tires and the like as the same may be now or hereafter defined by State law.

RESIDENTIAL SOLID WASTE — Solid waste resulting from the maintenance and operation of dwelling units.

SOLID WASTE — Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting. Solid waste does not include "Yard Waste" as defined herein.

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

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

SOLID WASTE MANAGEMENT — The entire solid waste system of storage, collection, transportation, processing and disposal.

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

TRANSPORTATION — The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

YARD WASTES — Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.

Section 230.020. Solid Waste Storage.

A. The occupant of every dwelling unit producing solid waste within the corporate limits of the City shall provide sufficient and adequate containers for the storage of all solid waste, except bulky rubbish and demolition and construction waste, to serve each such dwelling unit and/or establishment and to maintain such solid waste containers at all times in good repair.

B. The occupant of every dwelling unit shall place all solid waste to be collected in proper solid waste containers and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times. Accumulation of waste in suitable containers shall not be stored upon any site in the City for a period longer than seven (7) days.

C. Residential solid waste shall be stored in containers as provided by the current solid waste hauler or of not more than thirty-nine (39) gallons nor less than twenty (20) gallons in nominal capacity, except that residential solid waste may be stored in trash bags of adequate strength in a size not to exceed fifty-five (55) gallons. All containers, including bags, shall be leakproof and waterproof, fly-tight and properly covered, tied or enclosed, except when depositing waste therein or removing the contents thereof. Containers other than bags shall have handles, bails or other suitable lifting devices or features. Containers other than bags shall be of a type originally manufactured for residential solid waste with tapered sides for easy emptying. They shall be of lightweight and sturdy construction. The weight of any individual container, including bags and its contents, shall not exceed seventy-five (75) pounds. Galvanized metal containers or rubber, fiberglass or plastic containers which do not become brittle in cold weather may be used in addition to bags. Disposable solid waste containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste. Galvanized metal containers or rubber, fiberglass or plastic containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste.

D. Commercial solid waste shall be stored in solid waste containers as approved by the Board. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 230.060.

E. Solid waste containers which are not approved will be collected together with their contents and disposed of.

Section 230.030. Collection of Solid Waste.

A. The City shall provide for the collection of solid waste as follows:

1. Collection of residential solid waste. The City may provide for the collection of residential solid waste in the City, provided however, that the City may provide the collection service by contracting with a person, County or other City or a combination thereof for the entire City or portions thereof as deemed to be in the best interests of the City.

2. Other collections. The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises in a manner approved by City. If and when the City does provide commercial collection service, the provisions herein concerning such service shall apply.

B. All solid waste from premises to which collection services are provided under contract with the City shall become the property of the collection agency upon being loaded into the transportation equipment.

C. Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed at curbside for collection but shall not be so placed until after 6:00 P.M. on the day next preceding the regularly scheduled collection day. Containers shall be removed from curbside no later than 8:00 P.M. on the day of collection.

D. Individuals desiring the collection of bulky rubbish shall deal directly with those licensed by the City for the collection of the same.

E. Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Chapter. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste.

F. It shall be the responsibility of the occupants of each dwelling unit to prepare, package and deliver solid waste to curbside for collection as prescribed in this Chapter and as it may be amended from time to time.

G. It shall be the responsibility of every solid waste collector to abide by this Chapter and receive and transport solid waste in a manner consistent with the provisions of this Chapter.

H. The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected at least once weekly.

I. Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land.

J. All solid waste collectors operating under contract with the City or otherwise collecting solid waste within the City limits shall be responsible for the collected solid waste from the point of collection to the point of disposal, provided the solid waste was stored in compliance with the applicable Sections of this Chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.

K. It shall be unlawful for any person, firm or corporation collecting and disposing of rubbish, garbage or waste material from premises in the residential districts or premises in any commercial district which abuts or adjoins a residential district in the City to make such collection or dispose of rubbish, garbage or waste materials between the hours of 9:00 P.M. and 7:00 A.M.

Section 230.040. Transportation of Solid Waste.

A. All transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste or, as an alternative, the entire bodies thereof shall be enclosed with only loading hoppers exposed. Provided however, other vehicles may be used to transport bulky rubbish which because of its size or weight is not susceptible to being loaded or unloaded in vehicles described above, but in no event shall such vehicles be operated without adequate cover or binding to prevent spillage or waste therefrom and in accordance with the rules and regulations made by the Board.

B. Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities. However, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.

C. Transportation and disposal of demolition and construction wastes shall be in accordance with this Section.

Section 230.050. Permits.

A. No person, including any person contracting with the City for the collection of solid waste, shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without first obtaining an annual permit therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit. Permits shall be approved by the City Clerk.

B. No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of one million dollars ($1,000,000.00) as the general aggregate limit; and in the amount of five hundred thousand dollars ($500,000.00) in any single accident. All additional liability amounts are set out in the certificate of liability insurance provided by the company. Should any such policy be canceled, the City shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation and provisions to that effect shall be incorporated in such policy. Any subcontractor shall provide insurance coverage in like amount as is required of the contractor.

C. Each applicant for any such permit shall state in his/her application therefor:

1. The nature of the permit desired as to collect, transport, process or dispose of solid waste or any combination thereof;

2. The characteristics of solid waste to be collected, transported, processed or disposed;

3. The number of solid waste transportation vehicles to be operated thereunder;

4. The precise location or locations of solid waste processing or disposal facilities to be used;

5. Boundaries of the collection area;

6. If for processing or disposal, a copy of a permit issued by the State of Missouri; and

7. Such other information as required by the City.

D. If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and is in conformity with the laws of the State of Missouri and this Chapter and is approved by the City, the City Clerk shall, upon receiving the City Clerk written approval of application, issue the permit authorized by the ordinance. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of one hundred dollars ($100.00) for each transportation vehicle to be used. If, in the opinion of the City Clerk, modifications can be made to the application regarding service, equipment or mode of operation so as to bring the application within the intent of this Chapter, the City Clerk shall notify the applicant in writing setting forth the modification to be made and time in which it shall be done.

E. If the applicant does not make the modifications pursuant to the notice in Subsection (D) hereof within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Clerk, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his/her application, provided that all aspects of the reapplication comply with the provisions of this Chapter.

F. The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by the ordinance shall be transferable from person to person.

G. In order to ensure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the City Clerk is authorized to inspect all phases of solid waste management within the City of Lake Waukomis. No inspection shall be made of any residential waste unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this Chapter concerning processing or disposal of solid waste or the laws of the State of Missouri, the City shall issue notice for such violation stating therein the violation or violations found, the time and date, and the corrective measure to be taken together with the time in which such corrections shall be made.

H. In all cases, when the corrective measures have not been taken within the time specified, the City shall suspend or revoke the permit or permits involved in the violation; however, in those cases where an extension of time will permit correction and there is not a public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.

I. Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the City Clerk may within thirty (30) days of the act for which redress is sought appeal directly to the Circuit Court of Platte County, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.

Section 230.060. Rules and Regulations.

A. The Board may make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to:

1. Preparation, drainage and wrapping of garbage deposited in solid waste containers.

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

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

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

5. Storage of solid waste in solid waste containers.

6. Sanitation, maintenance and replacement of solid waste containers.

7. Schedules of and routes for collection and transportation of solid waste.

8. Collection points of solid waste containers.

9. Collection, transportation, processing and disposal of solid waste.

10. Processing facilities and fees for the use thereof.

11. Disposal facilities and fees for the use thereof.

12. Records of quantity and type of wastes received at processing and/or disposal facilities.

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

B. The City Clerk or such other City Official who is responsible for preparing utility or other service charge billings for the City is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges, as hereinafter provided for, subject to the approval of the Board.

C. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.

Section 230.070. Prohibited Practices.

A. It shall be unlawful for any person to:

1. Deposit solid waste in any solid waste container other than his/her own without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal.

2. Interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, those of a solid waste collection agency operating under contract with the City, or any duly licensed collector.

3. Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health.

4. Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.

Section 230.080. Bonds.

The Board may require performance or payment bonds of any solid waste collection agency prior to issuing permits to so operate.

Chapter 235

RECREATION

Cross Reference — As to the director of water safety, §115.130.

Article I

In General

Section 235.010. Throwing or Placing Pollutants in Lake. [CC 1974 §19-1; Ord. No. 30 §6-111, 3-13-1958]

No person shall throw, discharge, otherwise place or cause to be placed in the waters of Lake Waukomis any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters.

Section 235.020. Restrictions On Swimming, Etc., in Lake. [1] [CC 1974 §19-2; Ord. No. 30 §6-101, 3-13-1958; Ord. No. 404 §§I — II, 9-8-2010]

It shall be unlawful for any person, other than a lot owner within the City, his/her family or his/her guests to swim, utilize flotation device or wade in the waters of Lake Waukomis. Persons swimming or using a flotation device shall at all times stay within fifty (50) feet of the shore line. Persons swimming or using a flotation device from watercraft when not docked, must be within twenty (20) feet of the watercraft.

Section 235.030. Water-Skiing, Hydroplaning or Surfboard Riding. [CC 1974 §19-3; Ord. No. 30 §6-110, 3-13-1958]

Any person water-skiing, hydroplaning or surfboard riding shall do so only in the open waters of Lake Waukomis.

Article II

Boats and Boating

DIVISION 1

Generally

Section 235.040. Use of Lake Restricted — Compliance With Article. [CC 1974 §19-4; Ord. No. 30 §6-104, 3-13-1958]

It shall be unlawful for any person, other than a lot owner within the City, to own or place upon Lake Waukomis for operation any watercraft of any nature; provided that it shall be unlawful for any lot owner within the City to own or place upon Lake Waukomis for operation any watercraft unless such watercraft and any motors used in connection with the operation of such watercraft are properly registered and licensed as provided for by this Code and other ordinances of the City.

Section 235.050. Specifications For Watercraft and Motors. [CC 1974 §19-5; Ord. No. 38 §5-304, 11-12-1959; Ord. No. 85 §§1 — 3, 3-12-69; Ord. No. 126 §1, 6-28-1978; Ord. No. 214 §1, 6-21-1995; Ord. No. 285 §1, 8-14-2002]

A. The City Clerk shall have no authority to issue any licenses authorized by this Article except when watercraft or motors shall meet the following specifications:

1. Watercraft generally. "Watercraft", as referred to in this Article, shall mean that craft normally considered a boat and of boat design possessing keel, hull and gunwale, including the open rowboat and partially or fully covered runabout. Application for license of any craft not of conventional design, as herein stated, shall first be applied for through the Board of Aldermen, together with submitted details and designs of the craft for specific action.

2. Power craft. All craft powered by inboard or outboard internal combustion engines shall:

a. Have a maximum length of sixteen (16) feet.

b. Have a minimum length of twelve (12) feet.

c. Have a minimum width of four (4) feet.

d. Be of approved construction and design as recognized by the State.

e. Be marked both port and starboard on the bow with block letters and lot numbers. The numbers and letters shall be in block form and character at least three (3) inches high, of a color which will contrast with the background and so inscribed and maintained as to be clearly visible, readable and legible at all times.

3. Pontoon boats. All pontoon boats shall have a minimum length of sixteen (16) feet, a maximum length of twenty-two (22) feet overall and a maximum width of manufacturer's specification of eight (8) feet and six (6) inches.

3. All pontoon boats are subject to inspection to verify size before the City license is issued. All pontoon boats will be measured for overall size of the boat, excluding the motor.

4. Deck boats. All deck boats shall have a minimum length of sixteen (16) feet and a maximum length of twenty-two (22) feet overall and a maximum width of manufacturer's specification of eight (8) feet and six (6) inches.

4. All deck boats are subject to inspection to verify size before a City license is issued. All deck boats will be measured for overall size of boat, excluding the motor.

5. Other craft. Except as otherwise provided herein, there shall be no restriction as to craft not powered by internal combustion engines; except that such craft shall be of a type considered navigable, not over seventeen (17) feet in length and meet with the requirements as set forth in this Article.

6. Motors. All motors used in connection with watercraft shall not be in excess of the eight (8) horsepower class, with the exception of motors used on pontoon boats and deck boats. Motors used on pontoon boats and deck boats may not be in excess of the ten (10) horsepower class. All motors shall have the license affixed on the cowl in a prominent place, visible at all times for inspection and must be licensed by serial number.

7. Lights. All watercraft being used upon the waters of Lake Waukomis between the hours of sunset and sunrise shall have installed thereon and in full and complete use and operation such lights as are required by the current U.S. Coast Guard regulations applicable to boats of less than twenty-six (26) feet in length.

Section 235.060. Operation of Watercraft Generally — Speed Limits For Certain Watercraft. [CC 1974 §19-6; Ord. No. 30 §6-107, 3-13-1958]

A. No person shall operate any watercraft upon Lake Waukomis at a speed in excess of that speed which is safe, reasonable and proper, taking into consideration the position of such craft upon the lake, the condition of the lake, the amount of traffic thereon, the hour of the day and all other surrounding circumstances; provided, that in addition to the above limitation no person shall operate any watercraft powered by an internal combustion engine at a speed in excess of:

1. Twelve (12) miles per hour between the hours of sunrise and sunset upon the open waters of the lake.

2. Five (5) miles per hour between the hours of sunset and 11:00 P.M. upon the open waters of the lake.

3. Three (3) miles per hour between the hours of sunrise and 11:00 P.M. in any cove or within fifty (50) feet of the shoreline of the lake.

Section 235.070. Rules For Operation of Watercraft — Generally. [CC 1974 §19-7; Ord. No. 30 §6-108, 3-13-1958]

A. The following general rules shall, in addition to all other rules and restrictions contained in this Article, apply to the operation of all watercraft:

1. Life preservers. All craft shall carry a life preserver or other approved safety device for each person aboard.

2. Safe capacity. No craft shall carry more persons than the safe capacity designated for that particular craft.

Section 235.080. Watercraft Powered With Internal Combustion Engines. [CC 1974 §19-8; Ord. No. 30 §6-109, 3-13-1958]

A. The following general rules shall, in addition to all other rules and restrictions contained in this Article, apply to the operation of all craft powered with internal combustion engines; and the person under whose name the craft is registered shall be held responsible for the conduct of the personnel aboard and their compliance with this Section:

1. Staying clear of swimmers, etc. All power craft shall stay at least fifty (50) feet from swimmers, swimming parties and anchored craft.

2. Disturbing fishermen. All power craft shall be operated in such a manner so as not to disturb fishing parties or fishermen on the lake or the shoreline thereof.

3. Meeting other craft. All power craft shall pass to the starboard upon meeting other craft.

4. Overtaking craft. While overtaking another craft, a power craft shall stay clear of such other craft.

5. Staying clear of certain craft. Power craft shall stay clear of sailing craft, canoes and rowboats.

6. Refueling. Refueling, when done on the water, shall be done in such a manner so as not to induce the danger of fire or to pollute the lake with fuel.

Section 235.090. Operating Watercraft So As To Annoy or Endanger Others. [CC 1974 §19-9; Ord. No. 30 §6-105, 3-13-1958]

No person shall navigate, direct or handle any watercraft in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupants of any other boat.

Section 235.100. Hours For Operation of Certain Watercraft. [CC 1974 §19-10; Ord. No. 30 §6-106, 3-13-1958; Ord. No. 84 §1, 3-12-1969; Ord. No. 420 §§1 — 2, 10-12-2011]

It shall be unlawful for any person to operate any watercraft with an internal combustion engine upon the waters of Lake Waukomis between the hours of 11:00 P.M. and sunrise Sunday through Thursday and between the hours of 12:00 Midnight and sunrise on Friday and Saturday.

Section 235.110. Removing Watercraft or Motors Upon Violation of Article. [CC 1974 §19-11; Ord. No. 85 §4, 3-12-1969]

The City Marshal or any Police Officer of this City shall immediately remove from the waters of Lake Waukomis any and all watercraft or motors in violation of this Article by placing such watercraft or motors upon the land of its owner. It shall be unlawful for such watercraft or motors to again be placed upon the waters of Lake Waukomis without first complying with this Code and other ordinances of the City.

DIVISION 2

Licenses

Section 235.120. Required. [CC 1974 §19-12; Ord. No. 38 §5-301, 11-12-1959]

No person shall own or place upon Lake Waukomis for operation any watercraft without first having registered and obtained a license for such craft, together with a license for any motors used in connection with the operation of such craft.

Section 235.130. Personal Property Taxes To Be Paid. [CC 1974 §19-13; Ord. No. 38 §5-302, 11-12-1959]

No license under this Division shall be granted or issued to an applicant unless the applicant shall first show proof that all of his/her personal property taxes which are due and payable to the City are paid as of the application date.

Section 235.140. Registration and Application. [CC 1974 §19-14; Ord. No. 38 §5-303, 11-12-1959]

Registration and application for all licenses for watercraft or motors used in connection with such craft shall be made to the City Collector.

Section 235.150. Fees. [CC 1974 §19-15; Ord. No. 142 §3, 11-15-1980]

A. Water Craft License. The applicant for a watercraft license shall pay to the Collector five dollars (5.00) for each watercraft license issued.

B. Motor License. The applicant for a motor license shall pay to the Collector five dollars ($5.00) for each motor license issued.

Section 235.160. Display. [CC 1974 §19-16; Ord. No. 38 §5-305, 11-12-1959]

Each watercraft shall be issued a license number which shall be displayed in some prominent place on the outside of such craft.

Section 235.170. Duration. [CC 1974 §19-17; Ord. No. 38 §5-307, 11-12-1959]

All licenses issued for watercraft shall be for a period of one (1) year, such year to commence on January first (1st) and end on December thirty-first (31st) of the same year. No license shall be issued for less than the current year.

Section 235.180. Revocation. [CC 1974 §19-18; Ord, No. 38 §5-308, 11-12-59]

Any license issued under this Division shall be issued subject to revocation upon the third (3rd) violation of any Section of this Chapter pertaining to the owning or operation of watercraft on Lake Waukomis.

Article III

Fishing

Section 235.190. (Reserved) [2]

Section 235.200. Restrictions As To Non-Residents. [CC 1974 §19-20; Ord. No. 90 §2, 2-11-1970; Ord. No. 432 §II, 8-8-2012]

It shall be unlawful for any non-resident of the City, except non-resident lot owners, to fish in the waters of Lake Waukomis unless he/she is fishing from or on a resident's dock, owner's dock or property (including boat) or in the company and companionship of a bona fide resident or lot owner of the City.

Section 235.210. Use of Trout Lines, Jug Lines, Throw Lines, Trammel Nets or Fish Traps. [CC 1974 §19-21; Ord. No. 119 §1(19-21), 8-20-1975]

It shall hereafter be unlawful for any person to place or maintain or cause to be placed or maintained any trout line, jug line, throw line, trammel net or fish trap within the waters of Lake Waukomis at any time.

Section 235.220. Fishing, When Prohibited. [CC 1974 §19-22; Ord. No. 227 §2(19-22), 3-12-1997]

A. Fishing in the waters of Lake Waukomis shall be lawful twelve (12) months per year except as hereinafter stated.

B. It shall be unlawful for any person to fish through a hole made in the ice formed upon the waters of Lake Waukomis. It shall also be unlawful for any person to chop, cut or cause to be chopped or cut any holes in any ice formed upon the waters of Lake Waukomis for the purpose of fishing or for any other purpose whatsoever.

C. Whenever Lake Waukomis (is to be) (has been) stocked with trout, the Board of Aldermen shall declare by resolution that the waters of Lake Waukomis (shall be) (have been) stocked with trout and shall cause notice to be posted in a conspicuous manner and place that the waters of Lake Waukomis (shall be) (have been) stocked with trout upon such date as indicated on said posted notice. Thereafter, it shall be unlawful for any person to fish in the waters of Lake Waukomis until the dawn of the first (1st) Saturday that falls after a period of seventy-two (72) hours (three (3) days) has elapsed from the time the lake was stocked, as measured from 5:00 A.M. CST on the date specified on said posted notice.

Section 235.230. Annual Season For Trout — Bait Restricted During Certain Part of Trout Season. [CC 1974 §19-23; Ord. No. 156 §2(19-23), 7-9-1986]

A. The annual season and period of time each year during which trout may be taken from the waters of Lake Waukomis shall be announced in advance by the Lake Waukomis Association Conservation Committee by and through its Chairman to the Board of Aldermen at a regular meeting and the same to be posted at each entrance of the lake on a poster eleven (11) inches by seventeen (17) inches or larger, no less than ten (10) days before the beginning of said fishing season. Prior to the beginning of said fishing season and after notification is delivered to the Board of Aldermen, the City Clerk shall notify the Marshal, in writing, of the season designated by the Lake Waukomis Association Conservation Committee. It shall be unlawful to fish for trout in such waters except within the season and time so designated by the above association and approved by the Lake Waukomis Board of Aldermen by resolution.

B. It shall be unlawful for any person to fish for trout during the first (1st) thirty (30) days of any such designated season except with artificial bait only.

Section 235.240. Possession Limits and Sizes of Our Game Fish. [CC 1974 §19-24; Ord. No. 279 §2(19-24), 10-10-2001]

A. The size and numbers of game fish that can be taken in Lake Waukomis are as stated:

A. Trout. Two (2) daily for the first (1st) thirty (30) days, four (4) daily thereafter. Artificial lures only for the first (1st) thirty (30) days. This does not include the product known as "power bait" or anything resembling natural food. Season dates will be posted in advance of the opening day.

A. Bass. Six (6) daily, twelve (12) in possession. Size. Keep only fish fifteen (15) inches or greater.

A. Channel Catfish. Ten (10) daily, twenty (20) in possession. Size. Not less than fourteen (14) inches.

A. Walleye. Four (4) daily, eight (8) in possession. Size. Not less than fifteen (15) inches.

A. Crappies. Fifteen (15) daily, thirty (30) in possession. No size limit.

A. Bluegill. No restrictions on limits, but keep fish only six (6) inches or greater.

B. Provided however, that the Board of Aldermen, by majority vote prior to the beginning of the said designated fishing season for each said fish, may change the legal size or limit for each said fish upon the recommendation of the Missouri Department of Conservation.

Article IV

Parks

Section 235.250. Hours For Public Use of City Parks. [Ord. No. 421 §1, 10-12-2011]

The parks within the City limits of Lake Waukomis shall be closed for public use between the hours of 11:00 P.M. and 6:00 A.M. Any person in violation of this Section of the City Code shall be deemed guilty of trespassing.

Section 235.260. User Fee for Ball Fields at South Park. [Ord. No. 447 §§I--II, 11-13-2013]

A. The City of Lake Waukomis shall require a user's fee for the use of ball fields located at the Lake Waukomis South Park as follows:

1. Residents and/or non-residents: one hundred fifty dollars ($150.00) per season or twenty-five dollars ($25.00) for each use.

2. Single-day events:

a. Four (4) hours or less: fifty dollars ($50.00).

b. Four (4) hours or more: one hundred dollars ($100.00).

B. For the purpose of this Section, ball fields may be reserved for the spring season or the fall season. The user fee shall be required for each season the diamond is reserved.



[1]. Cross Reference — Accouterment for swimming, §210.480.

[2]. Editor's Note — Ord. no. 432 §I, adopted August 8, 2012, repealed section 235.190 "certain state permits required" in its entirety. Former section 235.190 derived from CC 1974 §19-19; ord. no. 156 §2(19-19), 7-9-1986. This section has been reserved for the city's future use.

Chapter 240

STREETS

Cross References — As to excavations generally, ch. 510; as to motor vehicles and traffic generally, Title III; as to peddlers, solicitors and canvassers, ch. 605.

State Law References — As to authority of city over streets and sidewalks, RSMo. §§79.410, 88.670 to 88.707.

ARTICLE I

In General

Section 240.010. Obstruction of Public Ways. [CC 1974 §23-1; Ord. No. 16 §3-305, 3-1-1958]

No person in the City shall place or erect upon any public way or passageway to Lake Waukomis or any building an obstruction of any type; provided that this Section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public.

Section 240.020. Protection of Wires, Conduits, Pipes, Etc., Under Streets. [CC 1974 §23-2; Ord. No. 7 §1-709, 2-8-1958]

For protection of any underground wires, cables, conduits, manholes, sewers or other property, any person having any underground property in or under the streets of the City may notify the City Clerk, in writing, of such property, describing such property and its location or probable location, and whenever a permit is granted to any person to dig into or under, obstruct or tear up any of such streets, the Street Committee shall notify any person that has notified the City Clerk as provided above of having underground property at or within five (5) feet of the place where such street is to be dug up or under, obstructed or torn up.

Section 240.030. Removing, Raising or Lowering of Wires For Moving of Houses, Etc.. [CC 1974 §23-3; Ord. No. 58 §8, 9-17-1964]

Public utility corporations or other persons lawfully maintaining overhead wires within the City shall, upon the request of any person, remove, raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party requesting such raising or lowering of wires and payment in advance may be required. Not less than forty-eight (48) hours' advanced notice shall be given to arrange for such temporary wire changes.

Section 240.040. Authority To Trim Trees, Etc., Near Wires. [CC 1974 §23-4; Ord. No. 58 §7, 9-17-1964]

The right is hereby granted to all public utility corporations or other persons lawfully maintaining overhead wires within the City to trim trees, brush or hedges upon and overhanging the streets and public places located within the City so as to prevent such foliage from coming into contact with such wires and cables. All of such trimming shall be done with the authority of and under the supervision and direction of the person who has the right to authorize any such trimming.

ARTICLE II

Snow Removal

Section 240.050. Declaration and Termination of Parking Emergency — Interfering With Snow Removal Operations. [CC 1974 §23-5; Ord. No. 41 §1, 2-15-1962]

A. Whenever snow has accumulated to such a depth upon the streets of the City that snow removal operations are necessary by the City for the removal of such snow from the streets, the Marshal shall declare a parking emergency upon such streets. Such parking emergency shall be terminated by a declaration of the Marshall immediately upon the removal of all snow from the streets of this City by the proper City Officials, their agents, employees and contractors.

B. It shall be unlawful for any person in the control and possession of a motor vehicle to stand or park such motor vehicle upon all or any portion of any street within the City so as to hinder or interfere with the removal of snow from such streets, alleys or avenues by the officials of this City, their agents, employees and contractors.

Section 240.060. Removal and Storage of Illegally Parked Motor Vehicles — Owner To Pay Costs For Towing and Storing Vehicle. [CC 1974 §23-6; Ord. No. 41 §2, 2-15-1962]

In the event that any motor vehicle is parked upon the streets of this City during the emergency period defined in this Article, the Marshal shall order and direct that any such motor vehicle shall be removed from such streets by any available tow truck and such vehicle shall be taken to a public garage or parking lot provided by the City for the safe keeping of the owner thereof. The owner of any removed motor vehicle shall be liable for and pay all cost of towing and storage charges.

Section 240.070. Violation of Article — Penalties. [CC 1974 §23-7; Ord. No. 41 §3, 2-15-1962]

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 100.220 and also shall pay the towing and storage charges accruing by reason of the removal of the motor vehicle from the streets of the City as provided in this Article.


Title III:

Traffic Code

Chapter 300

GENERAL PROVISIONS

Cross References — Distributing or depositing commercial or non-commercial handbills in or upon vehicles, §610.100; storage and parking of vehicles, §§215.020 et seq.; declaration and termination of parking emergencies, §240.050; removal and storage of illegally parked motor vehicles regarding snow removal, §240.060.

State Law References — Model traffic ordinance, RSMo. ch. 300; traffic regulations, RSMo. §§304.009 et seq.; vehicle equipment regulations, RSMo. §§307.010 et seq.

Section 300.010. Definitions. [CC 1974 §13-1]

The following words and phrases, when used in this Title, mean:

ACCIDENT —

1. A collision between a vehicle and another vehicle, person or stationary object;

2. The overturn or upset of a vehicle which results in property damage, personal injury or death; or

3. An entry into or emergence from a moving vehicle by a person which results in personal injury or death to such person.

ALL-TERRAIN VEHICLE — Any motorized vehicle manufactured and used exclusively for off-highway use which is fifty (50) inches or less in width, with an unladen dry weight of six hundred (600) pounds or less, traveling on three (3), four (4) or more low pressure tires, with a seat designed to be straddled by the operator and handlebars for steering control.

BUSINESS DISTRICT — The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes including, but not limited to, hotels, banks or office buildings and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway.

CENTRAL BUSINESS (OR TRAFFIC) DISTRICT — All streets and portions of streets within the area described by City ordinance as such.

CHAUFFEUR —

1. An operator who operates a motor vehicle in the transportation of persons or property and who receives compensation for such service in wages, salary, commission or fare;

2. Who, as owner or employee, operates a motor vehicle carrying passengers or property for hire; or

3. Who regularly operates a commercial motor vehicle of another person in the course of or as an incident to his/her employment, but whose principal occupation is not the operation of such motor vehicle.

COMMERCIAL MOTOR VEHICLE — A motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight (8) passengers but not including vanpools or shuttle buses.

CONTROLLED ACCESS HIGHWAY — Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.

CRIMINAL HISTORY CHECK — A search of criminal records, including criminal history record information as defined in Section 43.500, RSMo., maintained by the Missouri State Highway Patrol in the Missouri criminal records repository or by the Federal Bureau of Investigation as part of its criminal history records, including but not limited to, any record of conviction, plea of guilty or nolo contendre, or finding of guilty in any State for any offense related to alcohol, controlled substances, or drugs.

CROSSWALK —

1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

CURB — The lateral boundaries of a roadway, whether or not marked by curbing.

CURB LOADING ZONE — A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

DAYTIME — From the time the street lights are turned off until they are turned on or, in any event, from thirty (30) minutes before sunrise until thirty (30) minutes after sunset.

DRIVER — Every person who drives or is in actual physical control of a vehicle.

EMERGENCY VEHICLE — Is a vehicle of any of the following types:

1. A vehicle operated by the State Highway Patrol, the State Water Patrol, the Missouri Capitol Police, a Conservation Agent or a State Park Ranger, those vehicles operated by enforcement personnel of the State Highways and Transportation Commission, Police or Fire Department, Sheriff, Constable or Deputy Sheriff, Federal Law Enforcement Officer authorized to carry firearms and to make arrests for violations of the laws of the United States, Traffic Officer or Coroner or by a privately owned emergency vehicle company;

2. A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;

3. Any vehicle qualifying as an emergency vehicle pursuant to Section 310.080 of this Title;

4. Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;

5. Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;

6. Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of Chapter 44, RSMo.;

7. Any vehicle operated by an authorized employee of the Department of Corrections who, as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;

8. Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of Sections 260.500 to 260.550, RSMo.

9. Any vehicle owned by the State Highways and Transportation Commission and operated by an authorized employee of the Department of Transportation that is marked as a Department of Transportation emergency response or motorist assistance vehicle.

FREIGHT CURB LOADING ZONE — A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers).

HIGHWAY — The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

INTERSECTION —

1. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; or

2. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

LANED ROADWAY — A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

MOTOR VEHICLE — Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.

MOTORCYCLE — Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

MOTORIZED BICYCLE — Any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters which produces less than three (3) gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.

NIGHTTIME — From the time the street lights are turned on until they are turned off or, in any event, from thirty (30) minutes after sunset until thirty (30) minutes before sunrise.

OFFICIAL TIME STANDARD — Whenever certain hours are named herein, they shall mean standard time or daylight-saving time as may be in current use in the City.

OFFICIAL TRAFFIC CONTROL DEVICES — All signs, signals, markings and devices not inconsistent with this Title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

OWNER — A person who holds the legal title of a vehicle; or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this Chapter.

PARK OR PARKING — The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

PASSENGER CURB LOADING ZONE — A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

PEDESTRIAN — Any person afoot.

PERSON — Every natural person, firm, co-partnership, association or corporation.

POLICE OFFICER — Every officer of the municipal Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

PRIVATE ROAD OR DRIVEWAY — Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.

RECREATIONAL OFF-HIGHWAY VEHICLE — Any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-four (64) inches or less in width, with an unladen dry weight of two thousand (2,000) pounds or less, traveling on four (4) or more non-highway tires, with a non-straddle seat, and steering wheel, which may have access to ATV trails.

RESIDENCE DISTRICT — The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.

RIGHT-OF-WAY — The right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

ROADWAY — That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway separately but not to all such roadways collectively.

SAFETY ZONE — The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

SIDEWALK — That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use of pedestrians.

STAND OR STANDING — The halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

STOP — When required, complete cessation from movement.

STOP OR STOPPING — When prohibited, any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic control sign or signal.

STREET OR HIGHWAY — The entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel. "State highway", a highway maintained by the State of Missouri as a part of the State highway system.

THROUGH HIGHWAY — Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign when such signs are erected as provided in this Title.

TRAFFIC — Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel.

TRAFFIC CONTROL SIGNAL — Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

TRAFFICWAYS — Those streets and roadways improved within the City for general traffic.

TRAILER — Every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and being drawn by a motor vehicle.

TRUCK — Every motor vehicle designed, used or maintained primarily for the transportation of property.

UTILITY VEHICLE — Any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-three (63) inches or less in width, with an unladen dry weight of one thousand eight hundred fifty (1,850) pounds or less, traveling on four (4) or six (6) wheels, to be used primarily for landscaping, lawn care, or maintenance purposes.

VEHICLE — Any mechanical device on wheels designed primarily for use or used on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers, or motorized wheelchairs operated by handicapped persons.

Section 300.020. Responsibility of Owner For Violations. [CC 1974 §13-16; Ord. No. 73 §22, 8-17-1967]

If any vehicle is found upon a street in violation of any provisions of this Title, the owner or person in whose name such vehicle is registered in the records of the City, County or State shall be held prima facie responsible for such violation, if the driver thereof is not present.

Chapter 305

TRAFFIC ADMINISTRATION

Section 305.010. Records of Traffic Violations.

A. The Police Department shall keep a record of all violations of the traffic ordinances of the City or of the State vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. Said record shall accumulate during at least a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period.

B. All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

C. All such records and reports shall be public records.

Section 305.020. Police Department To Investigate Accidents.

It shall be the duty of the Police Department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

Section 305.030. Traffic Accident Reports.

The Police Department shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and information of the City Traffic Engineer.

Section 305.040. Driver Files To Be Maintained.

The Police Department shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

Section 305.050. Police Department To Submit Annual Traffic Safety Report.

A. The Police Department shall annually prepare a traffic report which shall be filed with the Mayor. Such report shall contain information on traffic matters in the City as follows:

1. The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data.

2. The number of traffic accidents investigated and other pertinent data on the safety activities of the Police.

3. The plans and recommendations of the Police Department for future traffic safety activities.

Section 305.060. City Traffic Engineer.

A. The office of City Traffic Engineer is established. The City Engineer or other designated City Official shall serve as City Traffic Engineer in addition to his/her other functions and shall exercise the powers and duties with respect to traffic as provided in this Title.

B. The City Traffic Engineer shall determine the installation and proper timing and maintenance of traffic control devices, conduct engineering analyses of traffic accidents and devise remedial measures, conduct engineering investigation of traffic conditions, plan the operation of traffic on the streets and highways of the City, and cooperate with other City Officials in the development of ways and means to improve traffic conditions, and carry out the additional powers and duties imposed by ordinances of the City.

Section 305.070. Emergency and Experimental Regulations.

A. The Marshal by and with the approval of the City Traffic Engineer is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of the City and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.

B. The City Traffic Engineer may test traffic control devices under actual conditions of traffic.

Chapter 315

TRAFFIC CONTROL DEVICES

Section 315.010. Authority To Install Traffic Control Devices.

The City Traffic Engineer shall place and maintain traffic control signs, signals and devices when and as required under the traffic ordinances of the City to make effective the provisions of said ordinances and may place and maintain such additional traffic control devices as he/she may deem necessary to regulate traffic under the traffic ordinances of the City or under State law or to guide or warn traffic.

Section 315.020. Manual and Specifications For Traffic Control Devices.

All traffic control signs, signals and devices shall conform to the manual and specifications approved by the State Highways and Transportation Commission or resolution adopted by the Board of Aldermen of the City. All signs or signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the City. All traffic control devices so erected and not inconsistent with the provisions of this Title shall be official traffic control devices.

Section 315.030. Obedience To Traffic Control Devices.

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Title, unless otherwise directed by a traffic or Police Officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Title.

Section 315.040. When Official Traffic Control Devices Required For Enforcement Purposes.

No provision of this Title for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Section does not state that official traffic control devices are required, such Section shall be effective even though no devices are erected or in place.

Section 315.050. Official Traffic Control Devices — Presumption of Legality.

A. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

B. Any official traffic control device placed pursuant to the provisions of this Title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Title, unless the contrary shall be established by competent evidence.

Section 315.060. Traffic Control Signal Legend — Right Turn On Red Light — When.

A. Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows, successively one (1) at a time or in combination, only the colors green, red and yellow shall be used except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1. Green indication.

a. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

c. Unless otherwise directed by a pedestrian control signal as provided in Section 315.070, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

2. Steady yellow indication.

a. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

b. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 315.070, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

3. Steady red indication.

a. Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown except as provided in paragraph (b) of this Subsection.

b. The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection in obedience to a red signal may cautiously enter the intersection to make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that the State Highways and Transportation Commission with reference to an intersection involving a State highway, and local authorities with reference to an intersection involving other highways under their jurisdiction, may prohibit any such right turn against a red signal at any intersection where safety conditions so require, said prohibition shall be effective when a sign is erected at such intersection giving notice thereof.

c. Unless otherwise directed by a pedestrian control signal as provided in Section 315.070, pedestrians facing a steady red signal alone shall not enter the roadway.

4. In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.

Section 315.070. Pedestrian Control Signals.

A. Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" or appropriate symbols are in place, such signals shall indicate as follows:

1. "WALK": Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

2. "WAIT" or "DON'T WALK": No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his/her crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing.

Section 315.080. Flashing Signals.

A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:

1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

Section 315.090. Lane Direction Control Signals.

When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown but shall not enter or travel in any lane over which a red signal is shown.

Section 315.100. Display of Unauthorized Signs, Signals or Markings.

No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device.

Section 315.110. Interference With Official Traffic Control Devices.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any inscription, shield or insignia thereon or any other part thereof.

Section 315.120. Authority To Establish Play Streets.

The City Traffic Engineer shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

Section 315.130. Play Streets.

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

Section 315.140. City Traffic Engineer To Designate Crosswalks and Establish Safety Zones.

A. The City Traffic Engineer is hereby authorized:

1. To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular danger to pedestrians crossing the roadway and at such other places as he/she may deem necessary.

2. To establish safety zones of such kind and character and at such places as he/she may deem necessary for the protection of pedestrians.

Section 315.150. Traffic Lanes.

A. The City Traffic Engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.

B. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

Chapter 320

SPEED REGULATIONS

Section 320.010. State Speed Laws Applicable.

The State traffic laws regulating the speed of vehicles shall be applicable upon all streets within the City, except that the City may by ordinance declare and determine upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof.

Section 320.020. Regulation of Speed By Traffic Signals.

The City Traffic Engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof.

Section 320.030. General Speed Limit. [CC 1974 §13-22(j)]

Except where otherwise provided by signs erected pursuant to duly passed and approved ordinances, no person shall operate a vehicle on any street in the City in excess of twenty (20) miles per hour.

Section 320.040. Slow Speed — Regulations.

No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. Peace Officers may enforce the provisions of this Section by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver is an ordinance violation.

Section 320.050. Special Speed Limits On Roadways.

No person shall operate a motor vehicle upon those portions of the roadways which are set forth and described in Schedule I at a rate of speed in excess of that speed limit set for such portions of the roadways by said Schedule.

Section 320.060. Restricted Operation and Speed Limit On Playgrounds, Parks, Etc.. [CC 1974 §13-30; Ord. No. 104 §2, 11-10-1971]

It shall be unlawful for any person to operate a motor vehicle upon any playground, park or any other property within the City, except in the areas therein designated and marked for the parking of motor vehicles; provided that it shall be unlawful for any person to operate a motor vehicle in any such area therein marked and designated for parking at a speed in excess of five (5) miles per hour.

Chapter 330

ONE-WAY STREETS

Section 330.010. Authority To Sign One-Way Streets.

Whenever any ordinance of the City designates any one-way street, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

Section 330.020. One-Way Streets.

Upon those streets and parts of streets described and designated by ordinance, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

Section 330.030. Authority To Restrict Direction of Movement On Streets During Certain Periods.

A. The City Traffic Engineer is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one (1) direction during one (1) period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The City Traffic Engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.

B. It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this Section.

Chapter 340

MISCELLANEOUS DRIVING RULES

Section 340.010. Following Emergency Vehicle Prohibited.

The driver of any vehicle other than one on official business shall not follow any emergency vehicle traveling in response to an emergency call closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

Section 340.020. Crossing Fire Hose.

No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire without the consent of the Fire Department official in command.

Section 340.030. Funeral Processions.

A. Definitions. As used in this Section, the following terms shall mean:

FUNERAL DIRECTOR — A person licensed as a funeral director pursuant to the provisions of Chapter 333, RSMo.

FUNERAL LEAD VEHICLE OR LEAD VEHICLE — Any motor vehicle equipped with at least one (1) lighted circulating lamp exhibiting an amber or purple light or lens or alternating flashing headlamps visible under normal atmospheric conditions for a distance of five hundred (500) feet from the front of the vehicle. A hearse or coach properly equipped may be a lead vehicle.

ORGANIZED FUNERAL PROCESSION — Two (2) or more vehicles accompanying the remains of a deceased person from a funeral establishment, church, synagogue or other place where a funeral service has taken place to a cemetery, crematory or other place of final disposition or a funeral establishment, church, synagogue or other place where additional funeral services will be performed if directed by a licensed funeral director from a licensed establishment.

B. Driving Rules.

1. Except as otherwise provided for in this Section, pedestrians and operators of all other vehicles shall yield the right-of-way to any vehicle which is a part of an organized funeral procession.

2. Notwithstanding any traffic control device or right-of-way provision prescribed by State or local law, when the funeral lead vehicle in an organized funeral procession lawfully enters an intersection, all vehicles in the procession shall follow the lead vehicle through the intersection. The operator of each vehicle in the procession shall exercise the highest degree of care toward any other vehicle or pedestrian on the roadway.

3. An organized funeral procession shall have the right-of-way at all intersections regardless of any traffic control device at such intersections, except that operators of vehicles in an organized funeral procession shall yield the right-of-way to any approaching emergency vehicle pursuant to the provisions of law or when directed to do so by a Law Enforcement Officer.

4. All vehicles in an organized funeral procession shall follow the preceding vehicle in the procession as closely as is practical and safe under the conditions.

5. No person shall operate any vehicle as part of an organized funeral procession without the flashing emergency lights of such vehicle being lighted.

6. Any person who is not an operator of a vehicle in an organized funeral procession shall not:

a. Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection (B)(5) above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;

b. Join a funeral procession for the purpose of securing the right-of-way; or

c. Attempt to pass any vehicle in an organized funeral procession, except where a passing lane has been specifically provided.

7. When an organized funeral procession is proceeding through a red signal light as permitted herein, a vehicle not in the organized funeral procession shall not enter the intersection unless such vehicle may do so without crossing the path of the funeral procession.

8. No ordinance, regulation or any other provision of law shall prohibit the use of a motorcycle utilizing flashing amber lights to escort an organized funeral procession on the highway.

C. Any person convicted of violating any provision of this Section shall be punished by a fine not to exceed one hundred dollars ($100.00).

Section 340.040. Driving in Procession.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

Section 340.050. When Permits Required For Parades and Processions.

No funeral, procession or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the forces of the United States Army or Navy, the military forces of this State, and the forces of the Police and Fire Departments shall occupy, march or proceed along any street except in accordance with a permit issued by the Marshal and such other regulations as are set forth herein which may apply.

Section 340.060. Vehicle Shall Not Be Driven On A Sidewalk — Prohibition On Obstruction of Bicycle Lanes — Drivers To Yield To Bicycles in Designated Bicycle Lanes.

The driver of a motor vehicle shall not drive within any sidewalk area except on a permanent or temporary driveway. A designated bicycle lane shall not be obstructed by a parked or standing motor vehicle or other stationary object. A motor vehicle may be driven in a designated bicycle lane only for the purpose of a lawful maneuver to cross the lane or to provide for safe travel. In making an otherwise lawful maneuver that requires traveling in or crossing a designated bicycle lane, the driver of a motor vehicle shall yield to any bicycle in the lane. As used in this Section, the term "designated bicycle lane" shall mean a portion of the roadway or highway that has been designated by the Governing Body having jurisdiction over such roadway or highway by striping with signing or striping with pavement markings for the preferential or exclusive use of bicycles.

Section 340.070. Limitations On Backing.

The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

Section 340.080. Opening and Closing Vehicle Doors.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Section 340.090. Riding On Motorcycles — Additional Passenger — Requirements.

A. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons or upon another seat firmly attached to the rear or side of the operator.

B. The operator of a motorized bicycle shall ride only astride the permanent and regular seat attached thereto and shall not permit more than one (1) person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one (1) person. Any motorized bicycle designed to carry more than one (1) person must be equipped with a passenger seat and footrests for the use of a passenger.

Section 340.100. Riding Bicycle On Sidewalks — Limitations — Motorized Bicycles Prohibited.

A. No person shall ride a bicycle upon a sidewalk within a business district.

B. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

C. No person shall ride a motorized bicycle upon a sidewalk.

Section 340.110. All-Terrain Vehicles — Prohibited — Exceptions — Operation Under An Exception — Prohibited Uses — Penalty.

A. No person shall operate an all-terrain vehicle, as defined in Section 300.010, upon the streets and highways of this City, except as follows:

1. All-terrain vehicles owned and operated by a governmental entity for official use;

2. All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation; or

3. All-terrain vehicles whose operators carry a special permit issued by this City pursuant to Section 304.013, RSMo.

B. No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo., within any stream or river in this City, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials or Peace Officers of this State and its political subdivisions shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.

C. A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid license issued by a State authorizing such person to operate a motor vehicle but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty (30) miles per hour. When operated on a street or highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven (7) feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty (30) square inches and shall be dayglow in color.

D. No person shall operate an all-terrain vehicle:

1. In any careless way so as to endanger the person or property of another;

2. While under the influence of alcohol or any controlled substance; or

3. Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen (18) years of age.

E. No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.

F. A violation of this Section shall be an ordinance violation.

Section 340.115. Utility Vehicles, Operation On Highway and in Streams or Rivers Prohibited — Exceptions — Passengers Prohibited — Violations, Penalty.

A. No person shall operate a utility vehicle, as defined in Section 300.010 of this Title, upon the highways of this City or State, except as follows:

1. Utility vehicles owned and operated by a governmental entity for official use;

2. Utility vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation, unless equipped with proper lighting;

3. Utility vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads when operated between the hours of sunrise and sunset;

4. The City may issue special permits for utility vehicles to be used on highways within the City limits by licensed drivers. Fees of fifteen dollars ($15.00) may be collected and retained by Cities for such permits;

5. The City may by resolution or ordinance allow utility vehicle operation on streets or highways under the City's jurisdiction. Any person operating a utility vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial responsibility in accordance with Section 303.160, RSMo., or maintain any other insurance policy providing equivalent liability coverage for a utility vehicle.

B. No person shall operate a utility vehicle within any stream or river in this City or State, except that utility vehicles may be operated within waterways which flow within the boundaries of land which a utility vehicle operator owns, or for agricultural purposes within the boundaries of land which a utility vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this City or State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.

C. A person operating a utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subparagraph (3) of Subsection (A) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five (45) miles per hour.

D. No persons shall operate a utility vehicle:

1. In any careless way so as to endanger the person or property of another; or

2. While under the influence of alcohol or any controlled substance.

E. No operator of a utility vehicle shall carry a passenger, except for agricultural purposes. The provisions of this Subsection shall not apply to any utility vehicle in which the seat of such vehicle is designed to carry more than one (1) person.

F. A violation of this Section shall be an ordinance violation.

Section 340.117. Recreational Off-Highway Vehicles, Operation On Highways Prohibited, Exceptions — Operation Within Streams and Rivers Prohibited, Exceptions — License Required For Operation, Exception.

A. No person shall operate a recreational off-highway vehicle, as defined in Section 300.010 of this Code, upon the highways of this City, except as follows:

1. Recreational off-highway vehicles owned and operated by a governmental entity for official use;

2. Recreational off-highway vehicles operated for agricultural purposes or industrial on-premises purposes;

3. Recreational off-highway vehicles operated within three (3) miles of the operator's primary residence. The provisions of this Subparagraph shall not authorize the operation of a recreational off-highway vehicle in a City unless such operation is authorized by such City as provided for in Subparagraph (5) of this Subsection;

4. Recreational off-highway vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads;

5. The City may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the City limits. A fee of fifteen dollars ($15.00) may be collected and retained by the City for such permit.

B. No person shall operate a recreational off-highway vehicle within any stream or river in this State, except that recreational off-highway vehicles may be operated within waterways which flow within the boundaries of land which a recreational off-highway vehicle operator owns, or for agricultural purposes within the boundaries of land which a recreational off-highway vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.

C. A person operating a recreational off-highway vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to Subdivision (4) of Subsection (A) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle. An individual shall not operate a recreational off-highway vehicle upon a highway in this City without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this City unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.

Section 340.120. Riding Bicycles, Sleds, Roller Skates By Attaching To Another Vehicle, Prohibited — Pulling A Rider Behind Vehicle Prohibited.

No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself/herself to any vehicle upon a roadway. Neither shall the driver of a vehicle knowingly pull a rider behind a vehicle.

Section 340.130. Controlled Access.

No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.

Section 340.140. Driving Through Safety Zone Prohibited.

No vehicle shall at any time be driven through or within a safety zone.

Section 340.150. Manner of Operation of Motor Vehicles — Careful and Prudent.

Every person operating a motor vehicle on the highways of this City shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

Section 340.160. Driving To The Right.

A. Upon all public roads or highways of sufficient width, a vehicle shall be driven upon the right-half of the roadway, except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction pursuant to the rules governing such movement;

2. When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of this Title;

3. When the right-half of a roadway is closed to traffic while under construction or repair; or

4. Upon a roadway designated by local ordinance as a one-way street and marked or signed for one-way traffic.

B. It is unlawful to drive any vehicle upon any highway or road which has been divided into two (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway except to the right of such barrier or dividing section or to make any left turn or semi-circular or U-turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the State Highways and Transportation Commission or the Department of Transportation. The provisions of this Subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the Commission or the Department.

C. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all other consistent herewith shall apply:

1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

2. Upon a roadway which is divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.

3. Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided in Sections 304.014 to 304.026, RSMo.

4. Official signs may be erected by the State Highways and Transportation Commission or the Highway Patrol may place temporary signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign.

5. Drivers of vehicles proceeding in opposite directions shall pass each other to the right and, except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half (½) of the main traveled portion of the roadway whenever possible.

D. All vehicles in motion upon a highway having two (2) or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals.

E. All trucks registered for a gross weight of more than forty-eight thousand (48,000) pounds shall not be driven in the far left-hand lane upon all interstate highways, freeways, or expressways within urbanized areas of the State having three (3) or more lanes of traffic proceeding in the same direction. This restriction shall not apply when:

1. It is necessary for the operator of the truck to follow traffic control devices that direct use of a lane other than the right lane; or

2. The right half of a roadway is closed to traffic while under construction or repair.

F. As used in Subsection (E) of this Section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in Section 300.010 of this Title.

Section 340.170. Passing Regulations.

A. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and

2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of such driver's vehicle until completely passed by the overtaking vehicle.

B. The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:

1. When the vehicle overtaken is making or about to make a left turn;

2. Upon a City street with unobstructed pavement of sufficient width for two (2) or more lines of vehicles in each direction; or

3. Upon a one-way street.

The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main traveled portion of the roadway. The provisions of this Subsection shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable to the right-hand edge of the roadway.

C. Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the centerline of a highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

D. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade or upon a curve of the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

2. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection.

Section 340.180. Hand and Mechanical Signals.

A. No person shall stop or suddenly decrease the speed of or turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided herein.

1. An operator or driver when stopping, or when checking the speed of the operator's vehicle if the movement of other vehicles may reasonably be affected by such checking of speed, shall extend such operator's arm at an angle below horizontal so that the same may be seen in the rear of the vehicle.

2. An operator or driver intending to turn the vehicle to the right shall extend such operator's arm at an angle above horizontal so that the same may be seen in front of and in the rear of the vehicle and shall slow down and approach the intersecting highway as near as practicable to the right side of the highway along which such operator is proceeding before turning.

3. An operator or driver intending to turn the vehicle to the left shall extend such operator's arm in a horizontal position so that the same may be seen in the rear of the vehicle and shall slow down and approach the intersecting highway so that the left side of the vehicle shall be as near as practicable to the centerline of the highway along which the operator is proceeding before turning.

4. The signals herein required shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of a type approved by the State Highway Patrol; however, when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then such signals shall be given by such light or device. A vehicle shall be considered as so constructed or loaded that a hand and arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen (14) feet, which limit of fourteen (14) feet shall apply to single vehicles or combinations of vehicles. The provisions of this Subsection shall not apply to any trailer which does not interfere with a clear view of the hand signals of the operator or of the signaling device upon the vehicle pulling such trailer; provided further, that the provisions of this Section as far as mechanical devices on vehicles so constructed that a hand and arm signal would not be visible both to the front and rear of such vehicle as above provided shall only be applicable to new vehicles registered within this State after the first (1st) day of January, 1954.

Section 340.190. Stopping For School Bus.

A. The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion or until signaled by its driver to proceed.

B. Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "School Bus" in letters not less than eight (8) inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop While Bus is Loading and Unloading". Each school bus subject to the provisions of Sections 304.050 to 304.070, RSMo., shall be equipped with a mechanical and electrical signaling device approved by the State Board of Education which will display a signal plainly visible from the front and rear and indicating intention to stop.

C. Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection (B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.

D. Except as otherwise provided in this Section, the driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the State Board of Education, to communicate to drivers of other vehicles that students are loading or unloading. A public school district has the authority pursuant to Section 304.050, RSMo., to adopt a policy which provides that the driver of a school bus in the process of loading or unloading students upon a divided highway of four (4) or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution and, in such case, the driver of a vehicle may proceed past the school bus with due caution. No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four (4) or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two (2) lanes of traffic; nor shall any passengers be taken on or discharged while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least five hundred (500) feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than sixty (60) miles per hour and at least three hundred (300) feet in each direction to drivers of other vehicles upon other highways, and on all highways, only for such time as is actually necessary to take on and discharge passengers.

E. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, which is proceeding in the opposite direction on a highway containing four (4) or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

Section 340.200. Right-Of-Way At Intersection — Signs At Intersections.

A. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided however, there is no form of traffic control at such intersection.

B. When two (2) vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This Subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one (1) of such vehicles is attempting to or is making a left turn.

C. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

D. The driver of a vehicle intending to make a left turn into a private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

E. The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.150.

Section 340.210. Distance At Which Vehicle Must Follow.

The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the roadway. Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated, except in a funeral procession or in a duly authorized parade, so as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to overtake or pass such vehicles in safety. This Section shall in no manner affect Section 304.044, RSMo., relating to distance between trucks traveling on the highway.

Section 340.220. Permission Required For Operation On Private Property. [CC 1974 §13-29; Ord. No. 104 §3, 11-10-1971]

It shall be unlawful for any person to operate a motor vehicle upon any private property within the City without first obtaining the express permission of the owner of the private property upon which such motor vehicle is wished to be operated.

Section 340.230. Endangerment of an Emergency Responder, Elements.

A. Definitions. As used in this Section, the following terms shall have the meanings set out herein:

ACTIVE EMERGENCY — Any incident occurring on a highway, as the term "highway" is defined in Section 302.010, RSMo., that requires emergency services from any emergency responder.

ACTIVE EMERGENCY ZONE — Any area upon or around any highway, which is visibly marked by emergency responders performing work for the purpose of emergency response, and where an active emergency, or incident removal, is temporarily occurring. This area includes the lanes of highway leading up to an active emergency or incident removal, beginning within three hundred (300) feet of visual sighting of:

1. Appropriate signs or traffic control devices posted or placed by emergency responders; or

2. An emergency vehicle displaying active emergency lights or signals.

EMERGENCY RESPONDER — Any law enforcement officer, paid or volunteer firefighter, first responder, emergency medical worker, tow truck operator, or other emergency personnel responding to an emergency on a highway.

B. Offense Of Endangerment Of An Emergency Responder, Elements.

1. A person commits the offense of endangerment of an emergency responder for any of the following offenses when the offense occurs within an active emergency zone:

a. Exceeding the posted speed limit by fifteen (15) miles per hour or more;

b. Passing in violation of Subsection (C)(3) of this Section;

c. Failure to stop for an active emergency zone flagman or emergency responder, or failure to obey traffic control devices erected, or personnel posted, in the active emergency zone for purposes of controlling the flow of motor vehicles through the zone;

d. Driving through or around an active emergency zone via any lane not clearly designated for motorists to control the flow of traffic through or around the active emergency zone;

e. Physically assaulting, attempting to assault, or threatening to assault an emergency responder with a motor vehicle or other instrument; or

f. Intentionally striking, moving or altering barrels, barriers, signs or other devices erected to control the flow of traffic to protect emergency responders and motorists unless the action was necessary to avoid an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person.

2. Except for the offense established under Subsection (B)(1)(f) of this Section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.

3. No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.

C. Violations, Penalties.

1. Upon the first conviction, finding of guilt or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Subsection (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized by law.

2. Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subparagraph shall also be assessed an additional fine under Subsection (C)(1) of this Section.

3. The driver of a motor vehicle shall not overtake or pass another motor vehicle within an active emergency zone.

4. The additional fines imposed by this Section shall not be construed to enhance the assessment of court costs.

Chapter 345

PEDESTRIANS' RIGHTS AND DUTIES

Section 345.010. Pedestrians Subject To Traffic Control Devices.

Pedestrians shall be subject to traffic control signals as heretofore declared in Sections 315.060 and 315.070 of this Title, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this Chapter.

Section 345.020. Pedestrians' Right-Of-Way in Crosswalks.

A. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

C. Subsection (A) shall not apply under the conditions stated in Subsection (B) of Section 345.050.

D. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Section 345.030. Pedestrians To Use Right-Half of Crosswalks.

Pedestrians shall move, whenever practicable, upon the right-half of crosswalks.

Section 345.040. Crossing At Right Angles.

No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

Section 345.050. When Pedestrian Shall Yield.

A. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

C. The foregoing rules in this Section have no application under the conditions stated in Section 345.060 when pedestrians are prohibited from crossing at certain designated places.

Section 345.060. Prohibited Crossing.

A. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

B. No pedestrian shall cross a roadway other than in a crosswalk in any business district.

C. No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by ordinance.

D. No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

Section 345.070. Pedestrians Walking Along Roadways.

A. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

B. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

Section 345.080. Drivers To Exercise Highest Degree of Care.

Notwithstanding the foregoing provisions of this Title, every driver of a vehicle shall exercise the highest degree of care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

Section 345.090. Distance To Be Maintained When Overtaking A Bicycle.

The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in Section 300.010, shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle.

Chapter 350

METHOD OF PARKING

Section 350.010. Standing or Parking Close To Curb.

Except as otherwise provided in this Chapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb.

Section 350.020. Signs or Markings Indicating Angle Parking.

A. The City Traffic Engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any Federal-aid or State highway within the City unless the State Highways and Transportation Commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

B. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street.

Section 350.030. Obedience To Angle Parking Signs or Markers.

On those streets which have been signed or marked by the City Traffic Engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.

Section 350.040. Permits For Loading or Unloading At An Angle To The Curb.

A. The City Traffic Engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein.

B. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

Section 350.050. Lamps On Parked Vehicles.

A. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half (½) hour after sunset and a half (½) hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such street or highway, no lights need be displayed upon such parked vehicle.

B. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half (½) hour after sunset and a half (½) hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway, such vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other lamp shall display a red light visible from a distance of five hundred (500) feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this Section is installed as near as practicable to the side of the vehicle which is closer to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.

C. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

Chapter 355

STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES

Section 355.010. Stopping, Standing or Parking Prohibited.

A. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a Police Officer or official traffic control device, no person shall:

1. Stop, stand or park a vehicle:

a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

b. On a sidewalk;

c. Within an intersection;

d. On a crosswalk;

e. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the (traffic authority) indicates a different length by signs or markings;

f. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; or

h. At any place where official signs prohibit stopping.

2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a. In front of a public or private driveway;

b. Within thirty (30) feet of an intersection;

c. Within fifteen (15) feet of a fire hydrant;

d. Within twenty (20) feet of a crosswalk at an intersection;

e. Within thirty (30) feet upon the approach to any flashing signal, stop sign or traffic control signal located at the side of a roadway;

f. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted); or

g. At any place where official signs prohibit standing.

3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers at any place where official signs prohibit parking.

B. No person shall move a vehicle not lawfully under his/her control into any such prohibited area or away from a curb such a distance as is unlawful.

Section 355.020. Parking Not To Obstruct Traffic.

No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

Section 355.030. Parking For Certain Purposes Prohibited.

A. No person shall park a vehicle upon any roadway for the principal purpose of:

1. Displaying such vehicle for sale; or

2. Repair such vehicle except repairs necessitated by an emergency.

Section 355.040. Parking Adjacent To Schools.

A. The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his/her opinion, interfere with traffic or create a hazardous situation.

B. When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

Section 355.050. Parking Prohibited On Narrow Streets.

A. The City Traffic Engineer is authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet or upon one (1) side of a street as indicated by such signs when the width of the roadway does not exceed thirty (30) feet.

B. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

Section 355.060. Standing or Parking On One-Way Streets.

The City Traffic Engineer is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

Section 355.070. Standing or Parking On One-Way Roadways.

In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. The City Traffic Engineer is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.

Section 355.080. No Stopping, Standing or Parking Near Hazardous or Congested Places.

A. The City Traffic Engineer is hereby authorized to determine and designate by proper signs places not exceeding one hundred (100) feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

B. When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.

Section 355.090. Physically Disabled Parking.

A. It shall be unlawful for any person to park or stand any vehicle in any stall or space designated or reserved for physically disabled persons, as defined in Section 301.142, RSMo., as amended, whether upon public or private property open to public use, unless the vehicle bears the State of Missouri license plate or placard for the disabled as provided for in Sections 301.071 or 301.142, RSMo., as amended. The space shall be indicated by an upright sign whether on a pole or attached to a building upon which shall be inscribed the international symbol of accessibility and may also include any appropriate wording such as "Accessible Parking" to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card. The sign described in this Subsection shall also state, or an additional sign shall be posted below or adjacent to the sign stating, the following: "$50 to $300 fine". Beginning August 28, 2011, when any political subdivision or owner of private property restripes a parking lot or constructs a new parking lot, one (1) in every four (4) accessible spaces, but not less than one (1), shall be served by an access aisle a minimum of ninety-six (96) inches wide and shall be designated "lift van accessible only" with signs that meet the requirements of the Federal Americans With Disabilities Act, as amended, and any rules and regulations established pursuant thereto.

B. Any vehicle operator who is not physically disabled shall not use the handicapped parking space unless there is a physically disabled person in the vehicle or while the vehicle is being used to transport a physically disabled person.

C. Any person convicted of violating this Section is guilty of an offense and shall be subject to a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00). Every day upon which such violation occurs shall constitute a separate offense.

Section 355.100. (Reserved) [1]

Section 355.110. Parking of Vehicles Within The City Limits. [Ord. No. 314 §1, 10-13-2004]

The parking or storing of cars, trucks, motorcycles, trailers, boats and other vehicles in the yard area of a lot is prohibited. Cars, trucks, motorcycles, trailers, boats and other vehicles can only be parked in areas where the surface area has been prepared with concrete, asphalt or gravel specifically designed as a parking area. The parking area must be connected to the roadway by a driveway not less than eight (8) feet wide.

Section 355.120. Parking of Recreational Vehicles Within the City Limits. [Ord. No. 437 §§I--II, 2-13-2013]

A. Definitions. As used in this Section, the following terms shall have the meanings indicated:

RECREATIONAL VEHICLE

1. A vehicular-type unit which is:

a. Built on a chassis or for use on a chassis; and

b. Designed primarily as temporary living quarters for recreational or travel use; and

c. Has its own motor power or is mounted on or drawn by another vehicle. (Small pop-up campers are allowable and are therefore excluded in this Section.)

2. This definition shall be limited to:

a. Vehicles originally manufactured and sold as recreational vehicles meeting the conditions listed above, limited to a folding camper trailer, a truck camper, a travel trailer, a fifth-wheel trailer, or a motorized RV; and

b. Minivans, full-size vans, or buses specifically modified to meet the three (3) conditions listed in the definition Section above.

B. Restrictions on Parking.

1. It shall be unlawful to park recreational vehicles as defined above on streets, driveways or lots within the City limits of Lake Waukomis. Exceptions are permitted for purposes of loading and unloading recreational vehicles on two (2) occurrences during any thirty-day period; however, each occurrence cannot exceed twenty-four (24) hours.

2. Permits.

a. In certain situations, a permit may be issued by the City Clerk to allow parking up to seventy-two (72) hours if the following requirements are met:

(1) The vehicle is owned or leased by a visitor to a lake resident who desires to park the vehicle in the driveway of the owner;

(2) The period of time for the vehicle parking is specified and approved as part of the permit; and

(3) No equipment on the vehicle, such as a generator, creates noise to disturb residents.

b. The permit may be revoked for any violation of these conditions or violation of any other applicable law, ordinance, or regulation of the City of Lake Waukomis.



[1]. Editor's Note — Ord. no. 410 §1, adopted March 9, 2011, repealed section 355.100 "parking on north shore drive and south shore drive" in its entirety. Former section 355.100 derived from CC 1974 §§13-32 — 13-34; ord. no. 101 §§1 — 4, 2-10-1971; ord. no. 145 §1(13-34), 10-14-1981.

Chapter 360

STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS

Section 360.010. Application of Chapter.

The provisions of this Title prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a Police Officer or official traffic control device.

Section 360.020. Regulations Not Exclusive.

The provisions of this Title imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

Section 360.030. Parking Prohibited At All Times On Certain Streets.

When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by ordinance.

Section 360.040. Parking Prohibited During Certain Hours On Certain Streets.

When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified by ordinance of any day except Sunday and public holidays within the districts or upon any of the streets described by ordinance.

Section 360.050. Stopping, Standing or Parking Prohibited During Certain Hours On Certain Streets.

When signs are erected in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified by ordinance of any day except Sundays and public holidays within the district or upon any of the streets described by ordinance.

Section 360.060. Parking Signs Required.

Whenever by this Title or any ordinance of the City any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the City Traffic Engineer to erect appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense.

Section 360.070. Commercial Vehicles Prohibited From Using Certain Streets.

In cases where an equally direct and convenient alternate route is provided, an ordinance may describe and signs may be erected giving notice thereof that no persons shall operate any commercial vehicle upon streets or parts of streets so described except those commercial vehicles making deliveries thereon.

Section 360.080. Restrictions of Certain Vehicles. [CC 1974 §13-44; Ord. No. 174 §1(13-44), 3-4-1990]

A. No vehicle or combination of vehicles shall move or be operated on any street in the City having a greater weight than forty thousand (40,000) pounds or a weight greater than twenty thousand (20,000) pounds on one (1) axle.

B. No vehicle or combination of vehicles shall move or be operated on any street or highway in the City which is of a width, height or length which is in violation of Section 304.170, RSMo., which is incorporated herein.

C. The Marshal, who for the purpose of this Section shall be deemed the officer in charge of the maintenance of the streets of this City, may issue a special permit for any vehicle exceeding the width, length, height or weight herein specified when in his/her opinion the public safety or public interest so justifies, and such permit shall be limited as to duration, not exceeding the expiration of the registration of such vehicle, and may designate the street or streets upon which said permit may be valid and make such additional requirements as he/she deems to be necessary for the public welfare and safety and the fee for the issuance of each permit shall be ten dollars ($10.00).

D. Whenever by reason of thawing or frost, or rains, or due to new construction the streets are in a soft condition, the Marshal may reduce the maximum allowable weight on such streets and roads and shall post notices at convenient and public places along the road or roads. No person shall move or operate any vehicle weighing in excess of the limits prescribed upon streets so posted.

E. Any Police Officer of this City may arrest on sight or upon a warrant any person found violating any of the provisions of this traffic code or of Sections 304.170 to 304.351, RSMo. The Police Officers of this City may stop any vehicle as described herein traveling upon the public highways of this City for the purpose of determining whether or not such vehicle is loaded in excess of the provisions of this Section and may require such truck to be removed to the nearest available scales for the purpose of weighing such truck and load.

Chapter 365

VIOLATIONS BUREAU

Section 365.010. When Person Charged May Elect To Appear At Bureau.

A. Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in court or may have the option of depositing required lawful bail and, upon a plea of not guilty, shall be entitled to a trial as authorized by law.

B. The payment of a fine to the Bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.

Section 365.020. Duties of Violations Bureau.

A. The following duties are hereby imposed upon the Violations Bureau in reference to traffic offenses:

1. It shall accept designated fines, issue receipts and represent in court such violators as are permitted and desire to plead guilty, waive court appearance and give power of attorney;

2. It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present.

Section 365.030. Violations Bureau To Keep Records.

The Violations Bureau shall keep records and submit to the judges hearing violations of City ordinances summarized monthly reports of all notices issued and arrests made for violations of the traffic laws and ordinances in the City and of all the fines collected by the Violations Bureau or the court and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances. Such records shall be so maintained as to show all types of violations and the totals of each. Said records shall be public records.

Section 365.040. Additional Duties of Violations Bureau.

The Violations Bureau shall follow such procedure as may be prescribed by the traffic ordinances of the City or as may be required by any laws of this State.

Chapter 370

PROCEDURE ON ARREST

Section 370.010. Forms and Records of Traffic Citations and Arrests.

A. The City shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule. Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by Supreme Court Rule.

B. Such books shall be issued to the Marshal or his/her duly authorized agent, a record shall be maintained of every book so issued, and a written receipt shall be required for every book. The judge or judges hearing City ordinance violation cases may require that a copy of such record and receipts be filed with the court.

C. The Marshal shall be responsible for the issuance of such books to individual members of the Police Department. The Marshal shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.

Section 370.020. Procedure of Police Officers.

Except when authorized or directed under State law to immediately take a person before the Municipal Judge for the violation of any traffic laws, a Police Officer who halts a person for such violation, other than for the purpose of giving him/her a warning or warning notice and does not take such person into custody under arrest, shall issue to him/her a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rules.

Section 370.030. Uniform Traffic Tickets or Other Citation To Be Issued When Vehicle Illegally Parked or Stopped.

Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the City or by State law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a uniform traffic ticket or other citation for the driver to answer to the charge against him/her within seven (7) days during the hours and at a place specified in the traffic ticket.

Section 370.040. Disposition of Traffic Fines and Forfeitures. [CC 1974 §13-19; Ord. No. 20 §3-744]

All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this Chapter shall be paid into the City Treasury.

Chapter 380

BICYCLES AND MOTORIZED BICYCLES

Section 380.010. Bicycle and Motorized Bicycle — Defined.

As used in this Chapter, the following terms shall mean:

BICYCLE — Every vehicle propelled solely by human power upon which any person may ride, having two (2) tandem wheels, or two (2) parallel wheels and one (1) or two (2) forward or rear wheels, all of which are more than fourteen (14) inches in diameter, except scooters and similar devices.

MOTORIZED BICYCLE — Any two- or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground. A motorized bicycle shall be considered a motor vehicle for purposes of any homeowners' or renters' insurance policy.

Section 380.020. Brakes Required.

Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.

Section 380.030. Lights and Reflectors — When Required — Standards To Be Met.

A. Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise shall be equipped with the following:

1. A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet;

2. A rear-facing red reflector, at least two (2) square inches in reflective surface area, or a rear-facing red lamp on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet;

3. Reflective material and/or lights on any part of the bicyclist's pedals, crank arms, shoes or lower leg visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet; and

4. Reflective material and/or lights visible on each side of the bicycle or bicyclist and visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet. The provisions of this Subsection shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.

Section 380.040. Rights and Duties of Bicycle and Motorized Bicycle Riders.

Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by Chapter 304, RSMo., and this Title, except as to special regulations in this Chapter, and except as to those provisions of Chapter 304, RSMo., and this Title, which by their nature can have no application.

Section 380.050. Riding To Right — Required For Bicycles and Motorized Bicycles — Mandatory Use of Bicycle Path By Bicycles.

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle, or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.

Section 380.060. Bicycle To Operate On The Shoulder Adjacent To Roadway, When — Roadway Defined.

A. A person operating a bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in Section 380.050 of this Chapter, or may operate on the shoulder adjacent to the roadway.

B. A bicycle operated on a roadway, or the shoulder adjacent to a roadway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.

C. For purposes of this Section, and Section 380.050, "roadway" means that portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.

Section 380.070. Bicycle Required To Give Hand or Mechanical Signals.

The operator of a bicycle shall signal as required in Section 340.180 of this Title, except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle. An operator of a bicycle intending to turn the bicycle to the right shall signal as indicated in Section 340.180 of this Title, or by extending such operator's right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.

Section 380.080. Penalty For Violation.

Any person seventeen (17) years of age or older who violates any provision of this Chapter is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). If any person under seventeen (17) years of age violates any provision of this Chapter in the presence of a Police Officer, said officer may impound the bicycle or motorized bicycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.

Section 380.090. Motorized Bicycles — License Required.

A. No person shall operate a motorized bicycle on any highways, streets or roads in this City unless the person has a valid license to operate a motor vehicle.

B. No motorized bicycle may be operated on any public thoroughfare located within this City which has been designated as part of the Federal interstate highway system.

C. Violation of this Section shall be deemed an ordinance violation.

Section 380.100. Equipment Required.

No person shall operate a motorized bicycle on any highways, streets or roads in this City unless it is equipped in accordance with the minimum requirements for construction and equipment of MOPEDS, Regulation VESC-17, approved July, 1977, as promulgated by the Vehicle Equipment Safety Commission.

Chapter 375

VEHICLE EQUIPMENT

ARTICLE I

Light Regulations

Section 375.010. When Lights Required.

A. "When lighted lamps are required" means at any time from a half (½) hour after sunset to a half (½) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead. Lighted lamps shall also be required any time the weather conditions require usage of the motor vehicle's windshield wipers to operate the vehicle in a careful and prudent manner as defined in Section 304.012, RSMo. The provisions of this Section shall be interpreted to require lighted lamps during periods of fog even if usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.

B. When Lights Required — Violation — Penalty.

1. No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this Article required. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.

2. Notwithstanding the provisions of Section 307.120, RSMo., or any other provision of law, violation of this Section shall be deemed an ordinance violation and any person who violates this Section as it relates to violations of the usage of lighted lamps required due to weather conditions or fog shall only be fined ten dollars ($10.00) and no court costs shall be assessed.

Section 375.020. Headlamp On Motor Vehicles.

Except as in this Article provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.

Section 375.030. Multiple-Beam Headlamps — Arrangement.

A. Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

1. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.

2. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

Section 375.040. Dimming of Lights — When.

Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the times when lighted lamps are required, shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.

Section 375.050. Tail Lamps — Reflectors.

A. Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear. Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.

B. Every motorcycle registered in this State, when operated on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) approved red reflector which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. A motorcycle may be equipped with a means of varying the brightness of the vehicle's brake light for a duration of not more than five (5) seconds upon application of the vehicle's brakes.

C. Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers registered in this State after January 1, 1966, when operated on a highway shall also carry at the rear at least two (2) approved red reflectors, at least one (1) at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of this Article and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.

D. Any person who knowingly operates a motor vehicle without the lamps required in this Section in operable condition is guilty of an ordinance violation.

Section 375.060. Auxiliary Lamps — Number — Location.

Any motor vehicle may be equipped with not to exceed three (3) auxiliary lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands.

Section 375.070. Cowl, Fender, Running Board and Backup Lamps.

Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with not more than one (1) running board courtesy lamp on each side thereof which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with a backup lamp either separately or in combination with another lamp, except that no such backup lamp shall be continuously lighted when the motor vehicle is in forward motion.

Section 375.080. Spotlamps.

Any motor vehicle may be equipped with not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.

Section 375.090. Colors of Various Lamps — Restriction of Red Lights.

Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowllamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle, upon any street or highway with any lamp or device thereon displaying a red light visible from directly in front thereof.

Section 375.100. Limitations On Lamps Other Than Headlamps — Flashing Signals Prohibited Except On Specified Vehicles.

Any lighted lamp or illuminating device upon a motor vehicle other than headlamps, spotlamps, front direction signals or auxiliary lamps which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle. Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof and on emergency vehicles as defined in Section 300.010 of this Title and on buses owned or operated by churches, mosques, synagogues, temples or other houses of worship and on commercial passenger transport vehicles that are stopped to load or unload passengers, but are prohibited on other motor vehicles, motorcycles and motor-drawn vehicles except as a means for indicating a right or left turn.

Section 375.110. Limitation On Total of Lamps Lighted At One Time.

At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle except when such vehicle is parked subject to the provisions governing lights on parked vehicles. Whenever a motor vehicle equipped with headlamps as in this Article required is also equipped with any auxiliary lamps or a spotlamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.

Section 375.120. Other Vehicles — How Lighted.

All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this Article specifically required to be equipped with lamps, shall be equipped during the times when lighted lamps are required with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of such vehicle.

Section 375.130. Animal-Driven Vehicles — Lighting Requirements — Penalty.

A. Any person who shall place or drive or cause to be placed or driven upon or along any State highway of this City any animal-driven vehicle whatsoever, whether in motion or at rest, shall after sunset to one-half (½) hour before sunrise have attached to every such vehicle at the rear thereof a red taillight or a red reflecting device of not less than three (3) inches in diameter of effective area or its equivalent in area. When such device shall consist of reflecting buttons, there shall be no less than seven (7) of such buttons covering an area equal to a circle with a three (3) inch diameter. The total subtended effective angle of reflection of every such device shall be no less than sixty degrees (60°) and the spread and efficiency of the reflected light shall be sufficient for the reflected light to be visible to the driver of any motor vehicle approaching such animal-drawn vehicle from the rear of a distance of not less than five hundred (500) feet.

B. In addition, any person who operates any such animal-driven vehicle during the hours between sunset and one-half (½) hour before sunrise shall have at least one (1) light flashing at all times the vehicle is on any highway of this City. Such light or lights shall be amber in the front and red in the back and shall be placed on the left side of the vehicle at a height of no more than six (6) feet from the ground and shall be visible from the front and the back of the vehicle at a distance of at least five hundred (500) feet.

C. Any person operating an animal-driven vehicle during the hours between sunset and one-half (½) hour before sunrise may, in lieu of the requirements of Subsection (B) of this Section, use lamps or lanterns complying with the rules promulgated by the Director of the Department of Public Safety.

D. Any person violating the provisions of this Section shall be guilty of an ordinance violation.

Section 375.135. (Reserved)

ARTICLE II

Other Vehicle Equipment

Section 375.140. Other Equipment of Motor Vehicles.

A. Signaling Devices. Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.

B. Muffler Cutouts. Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever and shall be so arranged that it cannot automatically open, or be opened or operated, while such vehicle is in motion.

C. Brakes. All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes kept in good working order, and motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.

D. Mirrors. All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicle by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.

E. Projections On Vehicles. All vehicles carrying poles or other objects, which project more than five (5) feet from the rear of such vehicle, shall, during the period when lights are required by this Chapter, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of such projection.

F. Towlines. When one vehicle is towing another, the connecting device shall not exceed fifteen (15) feet. During the time that lights are required by Sections 307.020 to 307.120, RSMo., the required lights shall be displayed by both vehicles. Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable or equivalent device in addition to the primary coupling device, except that such secondary coupling device shall not be necessary if the connecting device is connected to the towing vehicle by a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. Such secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this Subsection shall not apply to wreckers towing vehicles or to vehicles secured to the towing vehicle by a fifth-wheel type connection. The provisions of this Subsection shall also not apply to farm implements or to any vehicle which is not required to be registered.

G. Commercial Motor Vehicles And Trailers. When being operated on any highway, street or road of this City, commercial motor vehicles and trailers shall be equipped with adequate and proper brakes, lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank and any other safety equipment required by the State in such condition so as to obtain a certificate of inspection and approval as required by the provisions of Section 307.360, RSMo.

H. Devices attached to or towed by motor vehicles for the purpose of transporting hay shall have the protruding parts raised or retracted when not in use to a position which will not cause injury or damage to persons or property in the vicinity of such device when on the highways, streets or roads of this City.

Section 375.150. Loads Which Might Become Dislodged To Be Secured — Failure — Penalty.

A. All motor vehicles and every trailer and semi-trailer operating upon the public highways, streets or roads of this City and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semi-trailer as a result of wind pressure or air pressure and/or by the movement of the vehicle, trailer or semi-trailer shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer or semi-trailer while being transported or carried.

B. Operation of a motor vehicle, trailer or semi-trailer in violation of this Section shall be an ordinance violation, and any person convicted thereof shall be punished as provided by law.

Section 375.160. Seat Belts.

A. As used in this Section, the term "truck" means a motor vehicle designed, used or maintained for the transportation of property.

B. As used in this Section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that the term "passenger car" shall not include motorcycles, motorized bicycles, motortricycles and trucks with a licensed gross weight of twelve thousand (12,000) pounds or more.

C. Each driver, except persons employed by the United States Postal Service while performing duties for that Federal agency which require the operator to service postal boxes from their vehicles or which require frequent entry into and exit from their vehicles, and front seat passengers of a passenger car manufactured after January 1, 1968, operated on a street or highway in the City, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Subsection (A) of this Section, on a street or highway of this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section and Section 375.170 of this Chapter, shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen years of age, as provided in Section 375.170 of this Chapter.

D. Each driver of a motor vehicle transporting a child less than sixteen (16) years of age shall secure the child in a properly adjusted and fastened restraint under Section 375.170 of this Chapter.

E. Except as otherwise provided for in Section 375.170 of this Chapter, each person found guilty of violating the provisions of Subsection (B) of this Section is guilty of an ordinance violation for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section.

F. If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated area. The passenger or passengers occupying a seat location referred to in this Subsection is not in violation of this Section. This Subsection shall not apply to passengers who are accompanying a driver of a motor vehicle who is licensed under Section 302.178, RSMo.

Section 375.170. Transporting Children Under Sixteen Years of Age — Restraint Systems.

A. As used in this Section, the following terms shall have these prescribed meanings:

CHILD BOOSTER SEAT — A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R 571.213, as amended, that is designed to elevate a child to properly sit in a Federally approved safety belt system.

CHILD PASSENGER RESTRAINT SYSTEM — A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.

DRIVER — A person who is in actual physical control of a motor vehicle.

B. Every driver transporting a child under the age of sixteen (16) years shall be responsible, when transporting such child in a motor vehicle operated by that driver on the streets or highways of this City, for providing for the protection of such child as follows:

1. Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child.

2. Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child.

3. Children at least four (4) years of age but less than eight (8) years of age, who also weigh at least forty (40) pounds but less than eighty (80) pounds, and who are also less than four (4) feet nine (9) inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child.

4. Children at least eighty (80) pounds or children more than four (4) feet, nine (9) inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child.

5. A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.

6. When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this Subsection is not in violation of this Section.

This Subsection shall only apply to the use of a child passenger restraint system or vehicle safety belt for children less than sixteen (16) years of age being transported in a motor vehicle.

C. Any driver who violates Subdivision (1), (2), or (3) of Subsection (B) herein is guilty of an ordinance violation and upon conviction may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subdivision (4) of Subsection (B) herein, shall be subject to the penalty in Subsection (C) of Section 375.160 of this Chapter. If a driver receives a citation for violating Subdivision (1), (2) or (3) of Subsection (B) herein, the charges shall be dismissed or withdrawn if the driver prior to or at his/her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the Court or the party responsible for prosecuting the driver's citation.

D. The provisions of this Section shall not apply to any public carrier for hire. The provisions of this Section shall not apply to students four (4) years of age or older who are passengers on a school bus designed for carrying eleven (11) passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school buses are defined in Section 301.010, RSMo.

Section 375.175. Safety Glass. [CC 1974 §13-38; Ord. No. 73 §6, 8-17-1967]

No motor vehicle shall be operated upon any street unless the vehicle is equipped with safety glass as required by Sections 307.130 through 307.160, RSMo., as amended, which applicable provisions are hereby incorporated by reference.

Section 375.180. Vision-Reducing Material Applied To Windshield or Windows Without Permit Prohibited — Penalty — Rules — Procedure.

A. Any person may operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (±3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (±3%). Except as provided in Subsection (C) of this Section, any sun-screening device applied to front sidewing vents or windows located immediately to the left and right of the driver in excess of the requirements of this Section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection may be issued by the Department of Public Safety to a person having a serious medical condition which requires the use of a sun-screening device if the permittee's physician prescribes its use. The Director of the Department of Public Safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree of consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person who resides in the household. Except as provided in Subsection (B) of this Section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.

B. This Section shall not prohibit labels, stickers, decalcomania or informational signs on motor vehicles or the application of tinted or solar-screening material to recreational vehicles as defined in Section 700.010, RSMo., provided that such material does not interfere with the driver's normal view of the road. This Section shall not prohibit factory-installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass.

C. Any vehicle licensed with a historical license plate shall be exempt from the requirements of this Section.

D. Any person who violates the provisions of this Section is guilty of an ordinance violation.

Section 375.190. Headgear Required — Motorcycles or Motortricycles.

A. Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in this Title, upon any highway of this City shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the Director of Revenue.

B. The penalty for failure to wear protective headgear as required by Subsection (A) of this Section shall be deemed an ordinance violation for which a fine not to exceed twenty-five dollars ($25.00) may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to Section 302.302, RSMo., for a failure to wear such protective headgear.

Section 375.200. Studded Tires — Prohibited When.

No person shall operate any motor vehicle upon any road or highway of this City between the first (1st) day of April and the first (1st) day of November while the motor vehicle is equipped with tires containing metal or carbide studs.

Section 375.210. Restriction On Use of Metal-Tired Vehicles.

A. No metal-tired vehicle shall be operated over any of the improved highways of this City, except over highways constructed of gravel or claybound gravel, if such vehicle has on the periphery of any of the road wheels any lug, flange, cleat, ridge, bolt or any projection of metal or wood which projects radially beyond the tread or traffic surface of the tire unless the highway is protected by putting down solid planks or other suitable material or by attachments to the wheels so as to prevent such vehicles from damaging the highway, except that this prohibition shall not apply to tractors or traction engines equipped with what is known as caterpillar treads when such caterpillar does not contain any projection of any kind likely to injure the surface of the road. Tractors, traction engines and similar vehicles may be operated which have upon their road wheels "V" shaped, diagonal or other cleats arranged in such manner as to be continuously in contact with the road surface if the gross weight on the wheels per inch of width of such cleats or road surface, when measured in the direction of the axle of the vehicle, does not exceed eight hundred (800) pounds.

B. No tractor, tractor engine or other metal-tired vehicle weighing more than four (4) tons, including the weight of the vehicle and its load, shall drive onto, upon or over the edge of any improved highway without protecting such edge by putting down solid planks or other suitable material to prevent such vehicle from breaking off the edges of the pavement.

C. Any person violating this Section, whether operating pursuant to a permit or not, or who shall willfully or negligently damage a highway, shall be liable for the amount of such damage caused to any highway, bridge, culvert or sewer, and any vehicle causing such damage shall be subject to a lien for the full amount of such damage, which lien shall not be superior to any duly recorded or filed chattel mortgage or other lien previously attached to such vehicle; the amount of such damage may be recovered in any action in any court of competent jurisdiction.

Section 375.220. Passengers in Trucks.

A. As used in this Section, the term "truck" means a motor vehicle designed, used or maintained for the transportation of property.

B. No person shall operate any truck, as defined in Subsection (A) of this Section, with a licensed gross weight of less than twelve thousand (12,000) pounds on any highway which is part of the State or Federal highway system or when such truck is operated within the corporate limits of the City when any person under eighteen (18) years of age is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the unenclosed bed of such truck when the truck is in operation.

C. The provisions of this Section shall not apply to:

1. Any employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;

2. Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;

3. Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;

4. Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

5. Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purpose of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating. "Special event", for the purposes of this Section, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;

6. Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of, other persons engaged in a recreational activity; or

7. Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in the truck. For the purposes of this Section, the term "family" shall mean any persons related within the first degree of consanguinity.

Section 375.230. Altering Passenger Motor Vehicle By Raising Front or Rear of Vehicle Prohibited, When — Bumpers Front and Rear Required, When Certain Vehicles Exempt.

A. No person shall operate any passenger motor vehicle upon the public streets or highways of this City, the body of which has been altered in such a manner that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the operator of the street or highway in front or to the rear of the vehicle.

B. Every motor vehicle which is licensed in this State and operated upon the public streets or highways of this City shall be equipped with front and rear bumpers if such vehicle was equipped with bumpers as standard equipment. This Subsection shall not apply to motor vehicles designed or modified primarily for off-highway purposes, while such vehicles are in tow, or to motorcycles or motor-driven cycles, or to motor vehicles registered as historic motor vehicles when the original design of such vehicles did not include bumpers nor shall the provisions of this Subsection prohibit the use of drop bumpers. Maximum bumper heights of both the front and rear bumpers of motor vehicles shall be determined by weight category of gross vehicle weight rating (GVWR) measured from a level surface to the highest point of the bottom of the bumper when the vehicle is unloaded and the tires are inflated to the manufacturer's recommended pressure. Maximum bumper heights are as follows:

Maximum Front Bumper Height

Maximum Rear Bumper Height

Motor vehicles except commercial motor vehicles

22 inches

22 inches

Commercial motor vehicles (GVWR) 4,500 lbs. and under

24 inches

26 inches

4,501 lbs. through 7,500 lbs.

27 inches

29 inches

7,501 lbs. through 9,000 lbs.

28 inches

30 inches

9,001 lbs. through 11,500 lbs.

29 inches

31 inches

C. Any person knowingly violating the provisions of this Section is guilty of an ordinance violation.

Chapter 310

ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

Section 310.010. Authority of Police and Fire Department Officials.

A. It shall be the duty of the officers of the Police Department or such officers as are assigned by the Marshal to enforce all traffic laws of the City and all of the State vehicle laws applicable to traffic in the City.

B. Officers of the Police Department or such officers as are assigned by the Marshal are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

C. Officers of the Fire Department, when at the scene of an incident, may direct or assist the Police in directing traffic thereat or in the immediate vicinity.

Section 310.020. Obedience To Police and Fire Department Officials.

No person shall knowingly fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department official.

Section 310.030. Persons Propelling Pushcarts or Riding Animals To Obey Traffic Regulations.

Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this Title applicable to the driver of any vehicle, except those provisions of this Title which by their very nature can have no application.

Section 310.040. Use of Coasters, Roller Skates and Similar Devices Restricted.

No person upon roller skates, or riding in or by means of any coaster, skateboard, toy vehicle or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This Section shall not apply upon any street while set aside as a play street as authorized by ordinance of the City.

Section 310.050. Public Employees To Obey Traffic Regulations.

The provisions of this Title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County or City and it shall be unlawful for any said driver to violate any of the provisions of this Title, except as otherwise permitted in this Title.

Section 310.060. Emergency Vehicles — Use of Lights and Sirens — Right-Of-Way — Stationary Vehicles, Procedure — Penalty.

A. Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one (1) lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle or a flashing blue light authorized by Section 310.080 of this Chapter, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

B. Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, or a stationary vehicle owned by the State Highways and Transportation Commission and operated by an authorized employee of the Department of Transportation displaying lighted amber or amber and white lights, the driver of every motor vehicle shall:

1. Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or

2. Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

C. Responsibilities Of Driver Of Emergency Vehicle.

1. The driver of any "emergency vehicle" defined in Section 300.010 of this Code shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.

2. The driver of an emergency vehicle may:

a. Park or stand irrespective of the provisions of Sections 304.014 to 304.025, RSMo. and the provisions of this Code;

b. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

c. Exceed the prima facie speed limit so long as the driver does not endanger life or property;

d. Disregard regulations governing direction of movement or turning in specified directions.

3. The exemptions granted to an emergency vehicle pursuant to Subsection (C)(2) of this Section shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.

D. No person shall purchase an emergency light as described in this Section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.

E. Violation of this Section shall be deemed an ordinance violation.

Section 310.070. (Reserved)

Section 310.080. Sirens and Flashing Lights Emergency Use — Persons Authorized — Violation — Penalty.

Motor vehicles and equipment, not otherwise defined in this Title as an authorized emergency vehicle, which are operated by any member of an organized Fire Department, ambulance association or rescue squad, whether paid or volunteer, may be operated on streets and highways in this City as an emergency vehicle under the provisions of Section 310.060 of this Chapter while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call and while using or sounding a warning siren and using or displaying thereon fixed, flashing or rotating blue lights, but sirens and blue lights shall be used only in bona fide emergencies. Permits for the operation of such vehicles equipped with sirens or blue lights shall be in writing and shall be issued and may be revoked by the Chief of an organized Fire Department, organized ambulance association or rescue squad and no person shall use or display a siren or rotating blue lights on a motor vehicle, fire, ambulance or rescue equipment without a valid permit authorizing the use. Permit to use a siren or lights as heretofore set out does not relieve the operator of the vehicle so equipped with complying with all other traffic laws and regulations. Violation of this Section constitutes an ordinance violation.

Section 310.090. Immediate Notice of Accident Within City.

The driver of a vehicle involved in an accident within the City resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall give or cause to be given notice of such accident to the Police Department as soon as reasonably possible.

Section 310.100. Written Report of Accident.

The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall, within five (5) days after such accident, forward a written report of such accident to the Police Department. The provisions of this Section shall not be applicable when the accident has been investigated at the scene by a Police Officer while such driver was present thereat.

Section 310.110. When Driver Unable To Report.

A. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 310.090 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.

B. Whenever the driver is physically incapable of making a written report of an accident as required in Section 310.100 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall, within five (5) days after the accident, make such report not made by the driver.

Section 310.120. Leaving The Scene of A Motor Vehicle Accident.

A. A person commits the offense of leaving the scene of a motor vehicle accident when, being the operator or driver of a vehicle on the highways, streets or roads of the City or on any publicly or privately owned parking lot or parking facility within the City generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property due to his/her culpability or to accident, he/she leaves the place of the injury, damage or accident without stopping and giving his/her name, residence, including City and street number, motor vehicle number and driver's license number, if any, to the injured party or to a Police Officer, or if no Police Officer is in the vicinity, then to the nearest Police station or judicial officer.

B. For the purposes of this Section, all Peace Officers shall have jurisdiction, when invited by an injured person, to enter the premises of any such privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.

Chapter 325

TURNING MOVEMENTS

Section 325.010. Required Position and Method of Turning At Intersection.

A. The driver of a vehicle intending to turn at an intersection shall do so as follows:

1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway, except where multiple turn lanes have been established.

2. Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right-half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

3. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one (1) direction on one (1) or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered, except where multiple turn lanes have been established.

4. Designated two-way left turn lanes. Where a special lane for making left turns by drivers proceeding in opposite directions have been indicated by official traffic control devices:

a. A left turn shall not be made from any other lane;

b. A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law; and

c. A vehicle shall not be driven in the lane for a distance more than five hundred (500) feet.

Section 325.020. Authority To Place and Obedience To Turning Markers.

A. The City Traffic Engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

B. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

Section 325.030. Authority To Place Restricted Turn Signs.

The City Traffic Engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

Section 325.040. Obedience To No-Turn Signs.

Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

Section 325.050. Limitations On Turning Around.

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

Chapter 335

STOP AND YIELD INTERSECTIONS

Section 335.010. Through Streets Designated.

Those streets and parts of streets described by ordinances of the City are declared to be through streets for the purposes of Sections 335.010 to 335.080.

Section 335.020. Signs Required At Through Streets.

Whenever any ordinance of the City designates and describes a through street, it shall be the duty of the City Traffic Engineer to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets as may be determined by the City Traffic Engineer upon the basis of an engineering and traffic study.

Section 335.030. Other Intersections Where Stop or Yield Required.

The City Traffic Engineer is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one (1) or more entrances to any such intersection in which event he/she shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in Subsection (A) of Section 335.040 in which event he/she shall cause to be erected a yield sign at every place where obedience thereto is required.

Section 335.040. Stop and Yield Signs.

A. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

B. Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

Section 335.050. Vehicle Entering Stop Intersection.

Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Subsection (B) of Section 335.040 and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

Section 335.060. Vehicle Entering Yield Intersection.

The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his/her failure to yield right-of-way.

Section 335.070. Emerging From Driveway or Building.

The driver of a vehicle within a business or residence district emerging from a driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any driveway and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

Section 335.080. Stop When Traffic Obstructed.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he/she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

Chapter 342

ALCOHOL-RELATED TRAFFIC OFFENSES

Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §125.330 of this Code.

Section 342.010. Definitions.

As used in this Chapter, the following terms shall have these prescribed meanings:

DRIVE, DRIVING, OPERATES OR OPERATING — Physically driving or operating a motor vehicle.

INTOXICATED CONDITION — A person is in an "intoxicated condition" when he/she is under the influence of alcohol, a controlled substance or drug, or any combination thereof.

LAW ENFORCEMENT OFFICER OR ARRESTING OFFICER — Includes the definition of Law Enforcement Officer in Subdivision (17) of Section 556.061, RSMo., and military Policemen conducting traffic enforcement operations on a Federal military installation under military jurisdiction in the State of Missouri.

Section 342.020. Driving While Intoxicated. [1]

A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged condition.

Section 342.030. Driving With Excessive Blood Alcohol Content. [2]

A. A person commits the offense of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this City with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's blood.

B. As used in this Section, "percent by weight of alcohol" in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or two hundred ten (210) liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this Section, the test shall be conducted in accordance with the provisions of Sections 577.020 to 577.041, RSMo.

Section 342.040. Chemical Test For Alcohol Content — Consent Implied — Administered — When — How — Videotaping of Chemical or Field Sobriety Test Admissible Evidence.

A. Any person who operates a motor vehicle upon the public highways of this City shall be deemed to have given consent to, subject to the provisions of Sections 577.019 to 577.041, RSMo., a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

1. If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition;

2. If the person is under the age of twenty-one (21), has been stopped by a Law Enforcement Officer, and the Law Enforcement Officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent (.02%) or more by weight;

3. If the person is under the age of twenty-one (21), has been stopped by a Law Enforcement Officer, and the Law Enforcement Officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the State or any political subdivision of the State, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent (.02%) or greater;

4. If the person is under the age of twenty-one (21), has been stopped at a sobriety checkpoint or roadblock, and the Law Enforcement Officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent (.02%) or greater;

5. If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in Section 565.002, RSMo., and has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any State law or County or municipal ordinance with the exception of equipment violations contained in Chapter 306, RSMo., or similar provisions contained in County or municipal ordinances; or

6. If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury as defined in Section 565.002, RSMo.

The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.

B. The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.

C. Chemical analysis of the person's breath, blood, saliva or urine to be considered valid pursuant to the provisions of Sections 577.019 to 577.041, RSMo., shall be performed according to methods approved by the State Department of Health by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health for this purpose.

D. The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer.

E. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:

1. The type of test administered and the procedures followed;

2. The time of the collection of the blood or breath sample or urine analyzed;

3. The numerical results of the test indicating the alcohol content of the blood and breath and urine;

4. The type and status of any permit which was held by the person who performed the test;

5. If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance of such instrument.

Full information does not include manuals, schematics or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

F. Any person given a chemical test of the person's breath pursuant to Subsection (A) of this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test pursuant to this Subsection or a field sobriety test shall be admissible as evidence for a violation of any municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.

Section 342.050. Consumption of Alcoholic Beverages in Moving Motor Vehicle — Prohibited When.

A. No person shall consume any alcoholic beverage while operating a moving motor vehicle upon the highways.

B. Any person found guilty of violating the provisions of this Section is guilty of an ordinance violation.

C. Any ordinance violation under this Section shall not reflect on any records with the Department of Revenue.



[1]. Note — As to provisions concerning sentencing and suspended imposition of sentence under certain conditions, see §577.010, RSMo.

[2]. Note — As to provisions concerning sentencing and suspended imposition of sentence under certain conditions, see §577.012, RSMo.

Chapter 385

LICENSING REQUIREMENTS

ARTICLE I

Operator's Licenses

Section 385.010. Driving While License Suspended or Revoked. [1]

A person commits the offense of driving while revoked if such person operates a motor vehicle on a highway when such person's license or driving privilege has been canceled, suspended or revoked under the laws of this State or any other State and acts with criminal negligence with respect to knowledge of the fact that such person's driving privilege has been canceled, suspended or revoked.

Section 385.020. Operation of Motor Vehicle Without Proper License Prohibited — Motorcycles — Special License. [2]

A. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by Section 385.040, to:

1. Operate any vehicle upon any highway in this City unless the person has a valid license as required by Chapter 302, RSMo., or a temporary instruction permit issued in compliance with Section 302.130, RSMo., or an intermediate driver's license issued in compliance with Section 302.178, RSMo., in his/her possession;

2. Operate a motorcycle or motortricycle upon any highway of this City unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the Director of Revenue. The Director of Revenue may indicate such upon a valid license issued to such person or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by Section 302.173, RSMo., is conducted on such vehicle;

3. Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

4. Operate a motor vehicle with an instruction permit, intermediate driver's license or license issued to another person;

5. Operate a motor vehicle in violation of the provisions of Sections 302.130 and 302.178, RSMo., regarding accompaniment by a qualified driver or stated hours of operation; or

6. Drive a commercial motor vehicle, unless fully licensed in compliance with Chapter 302, RSMo., except when operating under an instruction permit as provided for in Section 302.720, RSMo.

Section 385.025. Effect of Revocation — Penalty.

Any resident or non-resident whose license, right or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in Sections 302.010 — 302.540, RSMo., shall not operate a motor vehicle in this State under a license, permit or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under Sections 302.010 — 302.540, RSMo. Violation of any provision of this Section is a misdemeanor and on conviction therefor a person shall be punished as prescribed by Section 302.321, RSMo.

Section 385.030. Prohibited Uses of License.

A. It shall be unlawful for any person to:

1. Display or to permit to be displayed, or to have in his/her possession, any license knowing the same to be fictitious or to have been canceled, suspended, revoked, disqualified or altered;

2. Lend to or knowingly permit the use of by another any license issued to the person so lending or permitting the use thereof;

3. Display or to represent as one's own any license not issued to the person so displaying the same;

4. Fail or refuse to surrender to the Clerk of any Division of the Circuit Court or the Director any license which has been suspended, canceled, disqualified or revoked as provided by law;

5. Use a false or fictitious name or give a false or fictitious address on any application for a license, or any renewal or duplicate thereof, or knowingly to make a false statement;

6. Knowingly conceal a material fact or otherwise commit a fraud in any such application;

7. Authorize or consent to any motor vehicle owned by him/her or under his/her control to be driven by any person, when he/she has knowledge that such person has no legal right to do so, or for any person to drive any motor vehicle in violation of any of the provisions of Sections 302.010 to 302.780, RSMo.;

8. Employ a person to operate a motor vehicle in the transportation of persons or property with knowledge that such person has not complied with the provisions of Sections 302.010 to 302.780, RSMo., or whose license has been revoked, suspended, canceled or disqualified or who fails to produce his/her license upon demand of any person or persons authorized to make such demand;

9. Operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license; or

10. Fail to carry his/her instruction permit, valid operator's license while operating a vehicle and to display instruction permit or said license upon demand of any Police Officer, court official or any other duly authorized person for inspection when demand is made therefor. Failure to exhibit his/her instruction permit or license as aforesaid shall be presumptive evidence that said person is not a duly licensed operator.

Section 385.040. Exemptions From License Law.

A. The following persons are exempt from license hereunder:

1. Any person while operating any farm tractor or implement of husbandry temporarily operated or moved on a highway;

2. A non-resident who is at least sixteen (16) years of age and who has in his/her immediate possession a valid license issued to him/her in his/her home State or country;

3. A non-resident who is at least eighteen (18) years of age and who has in his/her immediate possession a valid license issued to him/her in his/her home State or country which allows such person to operate a motor vehicle in the transportation of persons or property as classified in Section 302.015, RSMo.; or

4. Convicted offenders of the Department of Corrections who have not been convicted of a motor vehicle felony as follows — driving while intoxicated, failing to stop after an accident and disclosing his/her identity, or driving a motor vehicle without the owner's consent — may operate State-owned trucks for the benefit of the correctional facilities, provided that such offender shall be accompanied by a Correctional Officer or other staff person in such truck.

ARTICLE II

Vehicle Licensing

Section 385.050. State Vehicle License Plates Required. [Ord. No. 369 §§1 — 2, 3-22-2009]

No person shall operate or park any motor vehicle or trailer upon any street, highway or private property of this City unless such motor vehicle or trailer has properly displayed a valid license plate or plates or temporary permit issued to the lawful owner of the vehicle by the Department of Revenue of the State of Missouri, except that any person who is a non-resident of the State of Missouri may operate or park any motor vehicle or trailer upon any street, highway or private property of this City, provided the motor vehicle or trailer has been duly registered for the current year in the State, country or other place of which the owner is a resident, provided that at all times such motor vehicle or trailer is being operated or parked upon the street, highway or private property of this City, the valid license plate or plates or temporary permit is properly displayed on such vehicle or trailer.

Section 385.055. Registration of Motor Vehicles Operated For First Time in State.

Application for registration of a motor vehicle not previously registered in Missouri, operated for the first time on the public highways of this State, and previously registered in another State shall be made within thirty (30) days after the owner of such motor vehicle has become a resident of this State.

Section 385.060. Method of Displaying License Plates.

No motor vehicle or trailer shall be operated on any highway of this City unless it shall have displayed thereon the license plate or set of license plates issued by the Director of Revenue or the State Highways and Transportation Commission and authorized by Section 301.140, RSMo. Each such plate shall be securely fastened to the motor vehicle or trailer in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand (12,000) pounds on the front and rear of such vehicles not less than eight (8) nor more than forty-eight (48) inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles and motor scooters shall be displayed on the rear of such vehicles, with the letters and numbers thereon right side up. The license plate on buses, other than school buses, and on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand (12,000) pounds shall be displayed on the front of such vehicles not less than eight (8) nor more than forty-eight (48) inches above the ground, with the letters and numbers thereon right side up, or if two (2) plates are issued for the vehicle pursuant to Subsection (3) of Section 301.130, RSMo., displayed in the same manner on the front and rear of such vehicles. The license plate or plates authorized by Section 301.140, RSMo., when properly attached, shall be prima facie evidence that the required fees have been paid.

Section 385.070. Unauthorized Plates, Tags, Stickers, Signs.

No person shall operate a motor vehicle or trailer on which there is displayed on the front or rear thereof any other plate, tag or placard bearing any number except the plate furnished by the Director of Revenue or the placard herein authorized and the official license tag of any municipality of this State, nor shall there be displayed on any motor vehicle or trailer a placard, sign or tag bearing the words "license lost", "license applied for" or words of similar import as a substitute for such number plates or such placard.

Section 385.080. License Plates On Vehicles Displayed For Sale.

No person shall show, exhibit, display or have in possession for the purpose of sale any motor vehicle bearing or displaying thereon any number or license plates except those of the dealer or owner so displaying said motor vehicle; provided however, that where the motor vehicle is placed on consignment with a dealer by the owner thereof, there may be displayed a number or license plate issued to the owner thereof.

Section 385.090. Certificate of Ownership Required For Registered Vehicle.

It shall be unlawful for any person to operate in this City a motor vehicle or trailer required to be registered as provided by law unless a certificate of ownership has been applied for as provided in Section 301.190, RSMo.

Section 385.100. Transfer of Certificate of Ownership Upon Sale of Vehicle.

It shall be unlawful for any person to buy or sell in this City any motor vehicle or trailer registered under the laws of this State unless at the time of delivery thereof there shall pass between the parties a certificate of ownership with an assignment thereof as provided in Section 301.210, RSMo., as amended, and the sale of any motor vehicle or trailer registered under the laws of this State, without the assignment of such certificate of ownership, shall be fraudulent and void.

Section 385.110. Removal of Plates On Transfer of Vehicle — Use By Purchaser.

Upon the transfer of ownership of any motor vehicle or trailer, the certificate of registration and the right to use the number plates shall expire and the number plates shall be removed by the owner at the time of the transfer of possession, and it shall be unlawful for any person other than the person to whom such number plates were originally issued to have the same in his/her possession whether in use or not, unless such possession is solely for charitable purposes; except that the buyer of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license plates from the trade-in motor vehicle or trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with such transferred plates shall be lawful for no more than thirty (30) days. As used in this Section, the term "trade-in motor vehicle or trailer" shall include any single motor vehicle or trailer sold by the buyer of the newly purchased vehicle or trailer, as long as the license plates for the trade-in motor vehicle or trailer are still valid.

Section 385.120. Sale By Dealer.

Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application for registration, by mail or otherwise, may operate the same for a period of thirty (30) days after taking possession thereof if during such period the motor vehicle or trailer shall have attached thereto, in the manner required by Section 301.130, RSMo., number plates issued to the dealer. Upon application and presentation of proof of financial responsibility as required under Subsection (5) of Section 301.140, RSMo., and satisfactory evidence that the buyer has applied for registration, a dealer may furnish such number plates to the buyer for such temporary use. In such event, the dealer shall require the buyer to deposit the sum of ten dollars fifty cents ($10.50), to be returned to the buyer upon return of the number plates, as a guarantee that said buyer will return to the dealer such number plates within thirty (30) days.

Section 385.130. False Information By Dealer.

No dealer shall advise any purchaser of a motor vehicle or trailer that such purchaser may drive such a motor vehicle or trailer without compliance with the foregoing license requirements.

ARTICLE III

Miscellaneous Provisions

Section 385.140. Financial Responsibility Required.

A. No owner of a motor vehicle registered in this State or required to be registered in this State shall operate the vehicle, or authorize any other person to operate the vehicle registered, or maintain registration of a motor vehicle, or permit another person to operate such vehicle upon the streets or the alleys of this City unless the owner maintains the financial responsibility as required in this Section which conforms to the requirements of the laws of this State. No non-resident shall operate or permit another person to operate in this State a motor vehicle registered to such non-resident unless the non-resident maintains the financial responsibility which conforms to the requirements of the laws of the non-resident's State of residence. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers the person's operation of the other's vehicle. However, no owner or non-resident shall be in violation of this Subsection if he/she fails to maintain financial responsibility on a motor vehicle which is inoperable or being stored and not in operation.

B. For purposes of this Section, the term "financial responsibility" shall mean the ability to respond in damages for liability on account of accidents occurring after the effective date of proof of said financial responsibility, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to said limit for one (1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident and in the amount of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one (1) accident.

C. Proof of financial responsibility may be shown by any of the following:

1. A current insurance identification card issued by a motor vehicle insurer or by the Director of Revenue of the State of Missouri for self-insurance. A motor vehicle liability insurance policy, a motor vehicle liability insurance binder, or receipt which contains the name and address of the insurer, the name and address of the named insured, the policy number, the effective dates of the policy and a description by year and make of the vehicle, or at least five (5) digits of the vehicle identification number or the word "Fleet" if the insurance policy covers five (5) or more motor vehicles shall be satisfactory evidence of insurance in lieu of an insurance identification card.

2. A certificate of the State Treasurer of a cash or security deposit according to Section 303.240, RSMo.

3. A surety bond according to Section 303.230, RSMo; or

4. A photocopy or an image displayed on a mobile electronic device as authorized by and subject to the restrictions of Section 303.024, RSMo.

D. Proof of financial responsibility shall be carried at all times in the insured motor vehicle or by the operator of the motor vehicle if the proof of financial responsibility is effective as to the operator rather than to the vehicle. The operator of an insured motor vehicle shall exhibit the insurance identification card on the demand of any Peace Officer, commercial vehicle enforcement officer or commercial vehicle inspector who lawfully stops such operator or investigates an accident while that officer or inspector is engaged in the performance of the officer's or inspector's duties.

E. However, no person shall be found guilty of violating this Section if the operator demonstrates to the court that he/she met the financial responsibility requirements of Section 303.025, RSMo., at the time the Peace Officer wrote the citation.

F. Any person who violates any provisions of this Section shall be guilty of an ordinance violation.

Section 385.150. Display of False Evidence of Insurance — Penalty — Confiscation of False Evidence.

No person shall display evidence of insurance to a Law Enforcement Officer knowing there is no valid liability insurance in effect on the motor vehicle as required pursuant to this Article or knowing the evidence of insurance is illegally altered, counterfeit or otherwise invalid as evidence of insurance. If the Law Enforcement Officer issues a citation to a motor vehicle operator for displaying invalid evidence of insurance, the officer shall confiscate the evidence for presentation in court. Any person convicted of violating this Section is guilty of an ordinance violation.

Section 385.160. Alteration, Production or Sale of Invalid Insurance Card.

No person shall alter an invalid insurance card to make it appear valid. No person knowingly shall make, sell or otherwise make available an invalid or counterfeit insurance card. Any person who violates this Section is guilty of an ordinance violation.

ARTICLE IV

City Stickers

Section 385.170. Municipal Motor Vehicle Licenses. [CC 1974 §13-10.5; Ord. No. 168 §1, 11-9-1988]

A. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Subsection:

MOTOR VEHICLE — Any self-propelled vehicle including, but not limited to, motor bikes, mini-bikes and motorcycles, except traction engines, road rollers, fire extinguishing apparatus and such vehicles as operate only on rails or tracks.

OWNER — Includes not only the actual owner of any motor vehicle but also any person, firm or corporation renting a motor vehicle or having the exclusive use thereof under lease or otherwise for a period of more than thirty (30) days.

REGISTER (REGISTERED) — To obtain and complete the proper application for a municipal motor vehicle license as provided in this Section.

B. Municipal Motor Vehicle License Required — When. All motor vehicles operated or owned by persons who are residents of the City of Lake Waukomis, Missouri, or by persons who maintain a living abode within said City, when said vehicle is not being used exclusively outside of the City, and operation or parking of any motor vehicle within this City without such municipal motor vehicle license shall be a violation of this Section.

1. Every such owner, operator, resident or business operator shall apply for or cause to be applied for a municipal motor vehicle license annually upon a blank furnished by the City of Lake Waukomis for that purpose. Upon proper application as set forth under these ordinances, a suitable license sticker shall be issued by the City of Lake Waukomis, which shall be affixed by the applicant or owner to the lower left-hand corner of the front windshield of such motor vehicle so as to be in plain view, and such that the reading matter thereon shall face forward and be readable through the glass.

2. Such license stickers shall be affixed to the front windshield of such motor vehicle, as provided herein, no later than January thirty-first (31st) of the year for which said sticker was issued unless such motor vehicle was acquired or became subject to this license requirement after January first (1st) in any given year, in which case such license stickers shall be affixed as aforesaid within thirty (30) days of the date such motor vehicle became subject to this license requirement.

C. License Issued — When. The license herein provided for shall be issued for the period beginning January first (1st) and shall expire December thirty-first (31st) of each year.

D. Replacement Stickers. The license sticker issued pursuant to this Section is not transferable from one motor vehicle to another. If the motor vehicle for which such license sticker is issued is disposed of and replaced by another vehicle, or a windshield is broken, a new license sticker must be obtained by surrendering the remnants of the old sticker to the City Collector, furnishing proof of transfer of ownership of such motor vehicle or destruction of such motor vehicle's windshield. Upon the transfer of the ownership of any motor vehicle for which a motor vehicle license sticker was issued hereunder, the license shall be void, and the license sticker shall be scraped off and destroyed by the seller.

E. Personal Property Taxes Must Have Been Paid. Before the properly designated official of the City of Lake Waukomis shall issue a motor vehicle license to the applicant, the owner or operator of such motor vehicle must not be delinquent in his/her personal property taxes for any preceding year in the City of Lake Waukomis, Missouri. For the purpose of this Section, the information contained in the records maintained by the City Collector shall be prima facie evidence as to whether or not said owner or operator has paid all personal property taxes for the year or years preceding, unless said applicant shall produce an authentic receipt from the City Collector for the year or years in question.

F. City Collector To Issue License Sticker. The City Collector shall be the properly designated official of the City of Lake Waukomis, Missouri, to issue and to collect such license tax as provided for in this Section.

G. Remuneration. The remuneration to be paid the City Official collecting said license tax shall be determined by the Board of Aldermen of the City of Lake Waukomis, Missouri.

H. Misdemeanor — Fines. Any owner, operator, resident or business operator of any motor vehicle subject to the requirements of this Section who shall fail to timely apply for the municipal motor vehicle license as provided for herein, or who shall fail to display the required license sticker as provided herein, or any applicant who shall make false statements in the application for said motor vehicle license as provided for herein, or who shall violate this Section in any way shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than two dollars ($2.00) nor more than five hundred dollars ($500.00); provided however, that any person convicted of failing to timely apply for and affix such license sticker as required by this Section shall be fined a minimum of two dollars ($2.00) for each succeeding month after January thirty first (31st) of each year that such owner failed to timely apply for and affix such license sticker.

ARTICLE V

Commercial Motor Vehicles

Section 385.180. Information Required On Commercial Motor Vehicles. [CC 1974 §13-13; Ord No 73 §32, 8-17-67]

A. In addition to having the proper registration displayed as required by law, no person shall operate a commercial motor vehicle in this City without displaying in a conspicuous place on both sides thereof in letters at least three (3) inches in height and in a contrasting color to the background:

1. The name of the owner.

2. The address from which such motor vehicle is operated.

3. The gross weight for which such vehicle is licensed.

ARTICLE VI

Golf Carts

Section 385.190. Regulation of Golf Carts. [Ord. No. 408 §§1 — 2, 12-8-2010]

A. Operation Of Golf Carts.

1. Definition. As used in this Section, the following terms shall have these prescribed meanings:

GOLF CART — Any motorized or electric vehicle designed and manufactured to be used primarily for transporting persons and equipment while playing golf. Golf carts are typically sixty (60) inches or less in width with three (3) or four (4) or more low-pressured tires and not capable of exceeding speeds of twenty (20) miles per hour.

2. Restrictions on use of golf carts.

a. Operator's of golf carts within the City limits of Lake Waukomis must have a valid Missouri operator's or chauffeur's license.

b. The driver of a golf cart shall not operate such cart in a careless manner so as to endanger the person or property of anyone else.

c. The number of passengers on a golf cart may not exceed the number of seats available on the cart, and no passenger may sit in the lap of the operator.

d. The operator of a golf cart shall comply with all traffic and signage rules and ordinances the same as apply to motor vehicles.

e. The operator of a golf cart shall not operate such cart while under the influence of alcohol or any controlled substance.

f. Golf carts may not be driven on lake parkways when the ground is wet or soft enough that the ground surface will be damaged.

g. Golf carts are to be driven on the far right of the road to allow cars to pass.

3. Equipment required.

a. Golf carts must be equipped with adequate and well-maintained brakes.

b. If driven between dusk and dawn, golf carts must have factory installed or regulation front and rear lights. (Flashlights, lanterns, etc. are not acceptable.)

c. If the golf cart has a roof, a reflective device shall be attached to the rear of the roof.

d. Golf carts operating on the streets must have a rear view mirror.

4. Liability insurance, permit, and sticker required.

a. Owners of golf carts must receive a permit and sticker for each cart operating within the City limits of Lake Waukomis. The City Clerk shall prepare an application form for the permit and charge an annual fee of five dollars ($5.00) for each permit issued beginning January 1, 2011.

b. In order to receive a permit and sticker, owners will be asked to sign the permit application stating they have liability insurance for their golf cart and will maintain such insurance as long as they own the cart.

c. The stickers shall be placed on the left rear fender of the golf cart.

d. All rented golf carts must have a copy of the rental agreement in the cart at all times.

B. Violations. Violations of this Section shall be an ordinance violation punishable by a fine up to five hundred dollars ($500.00) and/or imprisonment in jail up to ninety (90) days.



[1]. Note — Under certain circumstances this offense can be a felony under state law.

[2]. Note — Under certain circumstances this offense can be a felony under state law.

Title IV:

Land Use

Chapter 400

ZONING REGULATIONS

ARTICLE I

In General

Section 400.005. Definitions.

For the purpose of this Title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory and not directory.

ACCESSORY BUILDING — A portion of the main building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as part of the main building.

ACCESSORY LIVING QUARTER — Living quarters within an accessory building located on the same premises with the main building for the sole use of persons employed on the premises.

BASEMENT — A story partly or wholly underground. A basement shall be counted as a story for the purposes of height measurement where more than one-half (½) of its height is above the average level of the adjoining ground.

BUILDING — Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. Where dwellings are separated from each other by a division wall without openings, each portion of such dwelling shall be deemed a separate building. The word "building" includes the word "structure" and those structures on wheels or other supports used for business, storage or living purposes.

BUILDING, HEIGHT OF — The vertical distance measured from the adjoining curb level to the highest point of ceiling of the top story in the case of a flat roof; the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof. Provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

CELLAR — A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

COMMISSION — The "Planning and Zoning Commission" of the City.

COURT — An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such a building.

DISTRICT — A section or sections of the area of the City for which the regulations governing the use of buildings and premises or in which the height and area of buildings are uniform.

DWELLING — Any building, or portion thereof, which is designed or used exclusively for family residential purposes.

DWELLING, SINGLE-FAMILY — A building designed for or occupied exclusively by one (1) family.

FAMILY — Up to two (2) individuals or a married couple and the children thereof and no more than two (2) other persons related directly to the individuals or married couple by blood or marriage, occupying a single housekeeping unit with single kitchen facilities, used on a non-profit basis. A "family" may include not more than one (1) additional person, not related to the family by blood or marriage, provided that such additional person may be provided with sleeping accommodations but not with kitchen facilities.

FLOOR AREA — The portion of a dwelling, excluding cellar, basement, garage or porches, used or designed to be used for the occupancy by individuals or family as a single housekeeping unit.

FRONTAGE — All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the end of the dead-end street.

GARAGE, PRIVATE — A building capable of housing not more than three (3) motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located, provided however, that said vehicles shall not include contractors' equipment, gasoline trucks and similar vehicles not ordinarily used incidental to domestic activities.

GRADE —

1. For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the centers of all walls adjoining the streets.

2. For buildings having walls adjoining more than one (1) street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

3. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

GROUP HOME FOR MENTALLY OR PHYSICALLY HANDICAPPED — Any home in which eight (8) or fewer mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

HOSPITAL — Any place for the treatment or care of human ailments, including sanitarium, sanatorium, nursing, convalescent or rest home, or other such place of treatment or care, but not including clinics or institutions for contagious diseases, mental disorders, drug addiction, liquor addiction or insanity, or other types of the cases which would necessitate physical restraint.

JUNKER — An automobile, truck or other motor vehicle which cannot operate under its own power and which will require major repairs before being made usable, or which does not comply with State, County or City laws or ordinances or licensing requirements.

KENNEL — Any lot or premises on which three (3) or more dogs, at least four (4) months of age, are kept.

LIVING AREA — The portion of a dwelling, excluding cellar, basement, garage or porches, used or designed to be used for the occupancy by individuals or family as a single housekeeping unit, which area is equipped with heating, lighting and sanitation facilities in conformity with all ordinances and Statutes of governmental entities regulating such items.

LOT — A parcel of land occupied or intended for occupancy by a use permitted in this Title, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Title, having its principal frontage upon a street or upon an officially approved place.

LOT, CORNER — A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE — A lot having a frontage on two (2) non-intersecting streets; as distinguished from a corner lot.

LOT LINES — The lines bounding a lot as defined herein.

NON-CONFORMING USE — Any building or land lawfully occupied by a use at the time of passage of this Chapter or amendment thereto which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.

PARKING SPACE — A durable, dustproof, surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standing automobile, and if the space is unenclosed, a durable dustproof surface area comprising an area of not less than three hundred (300) square feet including the necessary driveway and space between automobiles on the parking lots. The driveways connecting a parking space with street or alley shall provide satisfactory ingress and egress of automobiles and shall be designed to prevent all possible traffic and fire hazards. Such area shall be paved with an asphalt penetration surface, asphaltic concrete or Portland cement concrete and shall have appropriate bumper guards when needed.

PRIVATE CLUB — An association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise, provided however, that the activities of such association shall not be violations of any Federal, State or County or municipal laws in effect.

STORY — Any structure or part of a structure not in excess of fifteen (15) feet, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF — A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for occupancy.

STREET — All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.

STREET LINE — A dividing line between a lot, tract or parcel of land and a contiguous street.

STRUCTURAL ALTERATIONS — Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE — Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground including, but not limited to, advertising signs, billboards, backstops for tennis courts and pergolas, radio towers, memorials and ornamental structures. The word "structures" includes the word "building" in addition to the foregoing.

TRAILER — Any structure used, or capable of being used, for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term "trailer" shall include camp car and house car. A permanent foundation shall not change its character if the structure can be removed therefrom practically intact.

YARD — An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

YARD, FRONT — A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof, other than the projection of the usual steps or entrance way. The front yards of lots fronting on major highways, however, shall be determined by measurement from the centerline of the major highway right-of-way.

YARD, REAR — A yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be at the opposite end of the lot from the front yard.

YARD, SIDE — A yard between the main building and the side line of the lot and extending from the front lot line to the rear lot line, measured as the mean horizontal distance between the lot line and the main buildings.

Section 400.010. Districts Enumerated. [CC 1974 §25-1; Ord. No. 40 §2, 11-21-1960]

A. For the purposes of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, repair or use of buildings and the location and height of buildings hereafter erected or altered and regulating and determining the area of yards, courts and other open spaces in connection with buildings hereafter erected or altered, the City is hereby divided into the following districts:

1. One-Family Dwelling District A.

2. Recreational District B.

Section 400.020. District Boundaries. [CC 1974 §25-2; Ord. No. 40 §3, 11-21-1960]

A. The boundaries of the districts designated in the previous Section shall be as follows:

1. District A shall comprise and include all of the lands located and situated within the corporate limits of the City, such corporate limits being all that part of Lake Waukomis, a subdivision of land in the County, as the boundary lines of Lake Waukomis, a subdivision of land, are established and designated on the recorded plat of Lake Waukomis, which plat is recorded in plat book 4, page 32 at the Recorder of Deeds office in the County; except, that from District A that part of the land shown on the plat of Lake Waukomis and marked and designated as park and parkway areas shall be excluded, which parks and parkway areas are hereinafter zoned in District B.

2. District B shall comprise and include all of the land designated as parks and parkways on the plat of Lake Waukomis, a subdivision of land in the County, which plat is recorded in plat book 4, page 32 at the Recorder of Deeds office in the County.

Section 400.030. Compliance With Chapter, Etc. [CC 1974 §25-3; Ord. No. 40 §4, 11-21-1960]

A. Except as hereinafter provided:

1. No buildings or structures shall be erected, moved, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.

2. No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered to exceed the height or area limits established in this Chapter for the district in which such building or structure is situated.

3. No light area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density of population be increased in any manner except in conformity with the regulations established in this Chapter.

Section 400.040. Interpretation and Applicability of Chapter. [CC 1974 §25-4; Ord. No. 40 §9, 11-21-1960]

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, comfort and general welfare. Wherever the zoning regulations of this Chapter require a greater width or size of yards, courts or other open spaces or require a lower height of building or a fewer number of stories or require a greater percentage of lot to be left unoccupied or require a lower density of population or require a more restricted use of land or impose other higher standards than are required in any other Statute, local ordinance or regulation, private deed restrictions or private covenants, the provisions of the regulations made under authority of this Chapter shall govern.

Section 400.050. Zoning Commission — Created — Composition — Appointment, Qualifications and Terms of Members. [CC 1974 §25-5; Ord. No. 40 §15, 11-21-1960]

There is hereby created a Zoning Commission of the City, which Commission shall consist of five (5) members to be appointed by the Board of Aldermen as hereinafter provided. The members of the Commission shall be free holders of this City. The members for the first (1st) Commission appointed following the adoption of this Chapter shall serve respectively as follows: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter members shall be appointed for a term of five (5) years each.

Section 400.060. Zoning Commission — Powers and Duties — Filling Vacancies. [CC 1974 §25-6; Ord. No. 40 §15, 11-21-1960]

The powers and duties of the Zoning Commission shall be as set forth and provided in this Chapter and as set forth and provided by law. Vacancies on the Zoning Commission shall be filled by appointment made by a majority vote of the Board of Aldermen for the unexpired term of any member whose term becomes vacant.

Section 400.070. Enforcement Officer — Office Created — Appointment — Term — Compensation — Appealing Acts or Rulings of. [CC 1974 §25-7; Ord. No. 40 §12, 11-21-1960]

A. There is hereby created the office of Enforcement Officer. Such officer shall be appointed by a majority vote of the members of the Board of Aldermen and shall serve at the will of the Board of Aldermen and not for any definite term. His/her compensation, if any, shall be fixed by the Board of Aldermen.

B. Any person aggrieved by any act or ruling of the Enforcement Officer may appeal in writing to the Board of Adjustment for final disposition.

Section 400.080. Enforcement Officer — Powers and Duties. [CC 1974 §25-8; Ord. No. 40 §13, 11-21-1960]

It shall be the duty of the Enforcement Officer to enforce the provisions of this Chapter and to refuse to issue any building permit for any building or structure which will violate any of the provisions of this Chapter. The Enforcement Officer is hereby authorized and instructed to take all steps and institute any legal proceedings necessary in connection with the enforcement of this Chapter; provided that prior to instituting any criminal or civil action for the purpose of enforcing the provisions of this Chapter, the Enforcement Officer shall first obtain the consent thereto of the Board of Aldermen, which consent shall be granted by a majority of the members of the Board.

Section 400.090. Permit To Erect, Enlarge, Etc., Buildings — Required. [CC 1974 §25-9; Ord. No. 40 §14, 11-21-1960]

No building or other structure shall be erected, reconstructed or enlarged, nor shall it be altered in such a manner as to prolong the life of the building, nor shall the use of any land be changed without first obtaining a permit from the Enforcement Officer, which permit shall be issued in accordance with the terms of this Chapter.

Section 400.100. Permits — Application — Plans and Statements — Issuance — Records — Revocation. [CC 1974 §25-10; Ord. No. 40 §14, 11-21-1960]

No permit shall be issued unless there shall first be filed in the office of the Enforcement Officer, by the applicant therefor, information satisfactory to the Enforcement Officer, which information shall include a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, constructed, reconstructed, enlarged or altered with measurements from all lot lines to foundation lines of the building, together with a true statement, in writing, signed by the applicant, showing the use for which such building or premises is arranged, intended or designed. No permits shall be issued by such Enforcement Officer unless such plan or information shall show that such building or structure shall conform in all particulars with the provisions of this Chapter. A record of such application and plan shall be kept in the office of the Enforcement Officer. The Enforcement Officer shall have the power to revoke any permit which has been issued in case of violation of the conditions of such permit. Application and permit forms shall be obtained and furnished by the Enforcement Officer at the expense of the City.

Section 400.110. Non-Conforming Uses. [CC 1974 §25-12; Ord. No. 40 §8, 11-21-1960]

A non-conforming use, building or structure existing at the time of adoption of this Chapter or any amendment thereof may be maintained, but not structurally altered or changed to a conforming use. Such non-conforming use shall not be expanded or re-established if discontinued, nor shall it be continued if the structure or building be damaged to the extent of seventy-five percent (75%) of its reproduction cost when new.

Section 400.120. Procedure For Amending Chapter. [CC 1974 §25-13; Ord. No. 40 §10, 11-21-1960]

The regulations imposed and the districts created under this Chapter may be amended, from time to time, by the Board of Aldermen by an order; provided that a hearing on such proposed amendment shall first have been had before the Zoning Commission; and provided further, that a notice of such hearing shall be given as provided by law. Such notice shall be as prescribed in Section 89.050, RSMo., and amendments thereto; provided further, that in the event of a protest against such amendment filed in writing with the Zoning Commission and signed and acknowledged by the owners of ten percent (10%) or more either of the areas of the land, exclusive of streets, included in such proposed amendment or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district proposed to be changed, such amendments shall not become effective except by the favorable vote of three-fourths (¾) of all of the members of the Board of Aldermen.

Section 400.130. Publication of Notices. [CC 1974 §25-14; Ord. No. 40 §11, 11-21-1960]

All notices required to be published under the provisions of this Chapter or the laws of this State with reference to any act to be done or performed as herein provided shall be published in a newspaper printed and published in the County and qualified to take legal publications.

Section 400.140. Enforcement of Chapter — Penalties. [1] [CC 1974 §25-15; Ord. No. 40 §18, 11-21-1960]

A. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the Zoning Commission or other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.

B. The owner or general agent of a building or premises where a violation of any provision of this Chapter has been committed or shall exist or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues; but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment in the City Jail for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment.

C. Any such person, having been served with an order to remove any such violation, failing to comply with the order within ten (10) days after such service or continuing to violate any of the provisions of this Chapter in the respect named in such order shall also be subject to a civil penalty in the sum of two hundred fifty dollars ($250.00).

ARTICLE II

One-Family Dwelling District A

Section 400.150. Use Regulations. [CC 1974 §25-16; Ord. No. 40 §5, 11-21-1960]

A. In District A, no building or land shall be used, and no building shall be erected, altered or enlarged, which is arranged, intended or designated for other than one (1) of the following uses, except as otherwise provided:

1. Without special restrictions. One-family dwellings.

2. Subject to special restrictions as listed below.

a. Churches and community center buildings.

b. Publicly owned parks and recreational areas.

c. Public elementary and high schools, private schools with curricula equivalent to public elementary or high schools and institutions of higher learning.

d. Public libraries, Police and fire stations and public administration buildings.

e. Water supply reservoirs, wells, filter beds, public water supply works and sewer disposal facilities.

f. Buildings and premises for public utility services or public service corporations, which buildings or uses the Zoning Commission deems reasonably necessary for the public convenience and welfare.

g. Group homes as defined in Section 89.020, RSMo.

3. The foregoing uses in Subsection (2) shall be located in accordance with at least one (1) of the following conditions:

a. On a lot already devoted to a use enumerated in such Subsection (2).

b. On a lot approved by the Zoning Commission after a study and a recommendation by the Zoning Commission as to the operation, time limit and other safeguards as the Commission may deem necessary to protect the appropriate use of neighboring property, to carry out the general intent and purpose of this Chapter and after a public hearing. If the Zoning Commission finds that such use would be in violation of the general intent and purpose of this Chapter or would seriously impair the appropriate use of neighboring property, then such use shall not be permitted. Such use shall comply with the height and area regulations of the district in which it is located, unless such height or area regulations are waived by the Commission.

c. Group homes. No group home shall be located within five thousand (5,000) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.

4. Accessory uses as follows customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry:

a. Each first (1st) tier lot owner shall be entitled to one (1) seawall and one (1) dock. Each second (2nd) tier lot owner shall be entitled to one (1) boat dock located at a point designated and approved by the Board of Aldermen. For the purposes of this paragraph, the word "owner" shall be construed to mean a person who owns one (1) lot or who owns one (1) or more lots that are adjoining and adjacent lots.

(1) All floating docks shall be of a seaworthy design, constructed of good materials, reinforced with steel bracing in order to prevent tearing asunder, capsizing or collapsing

(2) A dock may be incorporated as a single unit; however, in no case shall a dock as a single unit or incorporated as a single unit be constructed of a minimum size of less than eight (8) feet by ten (10) feet or of a maximum size of more than ten (10) feet by twelve (12) feet, measured from outside walls.

b. Temporary buildings, such as contractor's sheds and buildings of a similar character, shall be permitted during the construction of buildings, upon approval of the Board of Aldermen, but not to exceed twelve (12) months.

c. No store, trade, or industry of any kind or nature shall be permitted.

d. Temporary buildings shall not be constructed or erected prior to the main residential building and shall not be occupied as temporary resident quarters pending completion of the main residence. All houses shall be completed on the outside within nine (9) months after receiving a building permit and all temporary buildings shall be removed immediately upon the expiration of such nine (9) month period.

e. House trailers, tents or movable houses or homes shall not be permitted.

f. No storage tanks of any kind shall be permitted above the ground.

g. Boarding houses or lodging houses shall not be permitted.

h. Tourist cabins or trailer camps shall not be permitted.

i. Livestock, swine and poultry shall not be permitted.

j. Vegetable gardens for personal consumption shall be permitted; provided that such vegetable gardens are planted, cultivated and consumed by a lot owner who has a permanent residential home in the City.

k. No billboards, signboards, advertising signs or window displays shall be permitted.

Section 400.160. Height, Yard and Area Regulations. [CC 1974 §25-17; Ord. No. 40 §6, 11-21-1960]

A. In District A, the height of the buildings, the minimum dimensions of yards and the minimum lot area per family permitted on any lot shall be as follows:

1. Height. Buildings or structures shall not exceed thirty (30) feet in height from the top of the high side of the foundation wall.

2. Front yards.

a. All lots abutting the lake shore shall be considered "first (1st) tier" lots and the front of such "first (1st) tier" lots shall be considered the lakeside thereof. All other lots not abutting the lake shore shall be termed "second (2nd) tier" lots and the front of all such "second (2nd) tier" lots shall be that side of such lot abutting a street or road nearest the lake shore, such front side being that portion of such lots on which maintenance is assessed.

b. The front yards of first (1st) tier lots in District A shall have a minimum depth of not less than twenty-five (25) feet from the front line thereof to the main body of the residential structure. No porch or part thereof attached to any such residential structure shall be within fifteen (15) feet of the front line of any such lot.

c. Front yards of second (2nd) tier lots in District A shall have a minimum depth of not less than twenty-five (25) feet from the front line to any portion of the residential structure, including the porch or any part thereof.

3. Side yards.

a. There shall be a side yard on each side of every residential structure with a minimum width of not less than five (5) feet.

b. On corner lots the side yard regulations shall be the same as for interior lots, except in the case of reversed frontage where corner lots have been platted fronting on the side street. In such case there shall be a side yard on the street side of the corner lot of not less than twenty-five (25) feet in width.

4. Rear yards. The rear yards in District A shall have a minimum depth of not less than twenty (20) feet.

5. Lot area.

a. Not more than one (1) residence at a time shall be placed or kept on any one (1) lot and no such residence shall be designed or converted for the use of more than one (1) family.

b. When a residence is planned for more than one (1) lot, the front line thereof, for the purposes of this Chapter, shall be a line which is established by drawing a straight line across the front of such lots from the two (2) most farthest front points

c. All residences hereafter constructed within the City shall front toward and be parallel with the front line of the lot upon which such residence is being constructed.

d. Whenever a residence is to be constructed upon a corner lot, upon a lot of extraordinary or unusual size and shape or upon a lot which, because of the terrain and grade of the land, is difficult or impossible to determine the proper application of the provisions of this Chapter thereto, then the Zoning Commission shall in all such cases have the power and authority to designate the proper location of such structure upon any such lot, including the manner in which it shall front and the front, side and rear yard depth requirements, in order that any such structure will comply in all respects with the intent and purposes of this Chapter as it is applicable to the immediate vicinity.

6. Sewerage disposal and water requirements.

a. All residences and structures shall contain an inside flush toilet. All inside plumbing and drains shall be connected to the City sewerage system.

b. All residences and structures shall be connected to the City waterworks system.

Section 400.170. Building Construction Requirements. [CC 1974 §25-18; Ord. No. 40 §6, 11-21-1960; Ord. No. 188 §1, 5-13-1992; Ord. No. 189 §§1 — 2, 4-8-1992]

A. Building construction requirements in District A shall be as follows:

1. Size. The minimum size of any residential structure in District A shall be equal to average size of the existing structures within the same block, together with those in the block adjacent thereto facing the same street, but in no case shall the first (1st) floor area of a residential structure in District A be less than nine hundred (900) square feet, measured from the outside walls and exclusive of the area of any attached garage, carport and porches. For the purposes of this paragraph, the term "first (1st) floor area" shall be construed to mean the first (1st) floor of the structure above the basement thereof and in the absence of a basement, then such term shall be construed to mean that floor of any residence located immediately above the foundation of any such residence.

2. Garages, carports, porches and accessory buildings. All garages, carports and porches shall be attached to the residential structure. Unattached garages, carports, porches and accessory buildings shall not be permitted.

3. Sea walls and docks. All sea walls shall have adequate footings of poured concrete that is steel reinforced or the equivalent thereof installed below the frost line. Sea walls shall be constructed of poured concrete that is steel reinforced, concrete blocks or stone and rock masonry or materials of equal strength and durability approved in writing by the Enforcement Officer. All docks building materials and construction shall meet the minimum requirements of the Federal Housing Administration with reference to construction and with reference to the grade and durability of materials used. No unpainted docks shall be permitted and all docks shall be continuously maintained in a sightly and usable condition.

4. Foundations and footings.

a. All residential structures shall have adequate routings of poured concrete that is steel reinforced or the equivalent thereof installed below the frost line.

b. Foundation walls above the footings for all residential structures shall be of poured concrete that is steel reinforced or of materials of equal strength and durability.

5. Materials and construction. All residential building materials and construction shall meet the minimum requirements of the Federal Housing Administration. Such minimum requirements of the Federal Housing Administration are hereby referred to, incorporated herein and made a part of this Chapter by reference.

6. Outside coverings. The outside of each residential structure shall be fully covered by a standard wood or approved metal siding, shingles, stucco, brick, stone or other similar high grade materials meeting the approval of the Zoning Commission.

7. Roofs. The roof of each new residential structure shall be of composition shingle, tile, slate or similar quality of material meeting the approval of the Zoning Commission. Wooden shingle roofs are expressly prohibited for new construction after the enactment hereof.

8. Unpainted, wooden houses. No unpainted or unstained wooden houses shall be permitted to stand upon any lot unless they are of log or slab construction.

9. Completion date. All houses and residential structures shall be completed on the outside within nine (9) months after issuing of a building permit.

10. Fences. No fence or other similar obstruction shall be constructed on any lot; provided that the Board of Aldermen may, by a majority vote, authorize the construction of a fence on any lot upon application in writing being made to the Board for a permit to construct such fence. The application shall be in the form as prescribed by the Board and shall, among other things, contain the following:

a. An attached plat, prepared by a surveyor licensed in the State, showing the boundary lines of the lot upon which any such fence is to be constructed.

b. A statement setting forth the height of any such fence.

c. A statement setting forth the materials of which any such fence will be constructed.

c. No fence shall be constructed within the City unless a permit therefor has first been obtained from the Board of Aldermen as herein provided.

11. Off-street parking. All residential structures hereafter constructed shall provide off-street parking for at least one (1) automobile.

12. Water drainage.

a. Downspouts. All residential drainage downspouts shall drain into an underground line, which on homes constructed after the enactment hereof on the first (1st) tier of the lake shall drain into the lake and on the second (2nd) tier of the lake shall drain into a proper drainage ditch, all meeting the approval of the Zoning Commission.

b. Driveways. All second (2nd) tier driveways constructed after the enactment hereof shall have a metal grate where said driveways meet the roadway in order to allow rainwater to drain into the drainage ditches so as to prevent water flow across the roadways.

13. Erosion control.

a. During pre-construction and post-construction adequate silt fencing and/or straw bales are required.

b. To protect the waters of Lake Waukomis from siltation, seawalls, riprap and/or authorized vegetation is required on the lake shore.

ARTICLE III

Board of Adjustment

Section 400.180. Establishment — Composition — Appointment and Term of Office of Members — Chairman — Filling of Vacancies. [CC 1974 §25-22; Ord. No. 40 §16, 11-21-1960]

A. A Board of Adjustment is hereby established in accordance with the provisions of Section 89.080, RSMo., and amendments thereto. The Board of Adjustment shall consist of five (5) members who shall be residents of this City, appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board of Adjustment shall be for five (5) years; provided that the five (5) members first (1st) appointed shall serve, respectively, for a term of one (1) year, two (2) years, three (3) years, four (4) years and five (5) years. Thereafter, members shall be appointed for a term of five (5) years each.

B. The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year.

C. Vacancies shall be filled for the unexpired term by appointment by the Mayor, subject to approval of the majority vote of the Board of Aldermen.

Section 400.190. Rules and Regulations — Meetings. [CC 1974 §25-23; Ord. No. 40 §16, 11-21-1960]

The Board of Adjustment shall adopt rules in accordance with provisions of this Chapter and in accordance with Chapter 89, Sections 89.010 to 89.140, RSMo., and amendments thereto. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his/her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.

Section 400.200. Records — Quorum. [CC 1974 §25-24; Ord. No. 40 §16, 11-21-1960]

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official acts, all of which shall be immediately filed in the office of the Board and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose or by a mechanical recording device. The presence of three (3) members shall be necessary to constitute a quorum.

Section 400.210. Powers Generally. [CC 1974 §25-25; Ord. No. 40 §16, 11-21-1960]

A. The Board of Adjustment shall have the following powers:

1. Powers relative to errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.

2. Powers relative to requirements. To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.

3. Powers relative to variations. In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, the Board is hereby authorized to vary or modify the application of any of the regulations or provisions of this Chapter relating to the use, construction or alteration of buildings or structures or the use of lands, so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.

4. Powers relative to exceptions. The Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Chapter in harmony with its general purpose and intent and in accordance with general or special rules contained in this Chapter.

Section 400.220. Appeals Generally. [CC 1974 §25-26; Ord. No. 40 §16, 11-21-1960]

A. Appeals to the Board of Adjustment may be taken by any person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the Enforcement Officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal in writing specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the act appealed from was taken.

B. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

C. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereby by publication in an official newspaper authorized to make legal publications and printed and published in the County, which publication shall be at least fifteen (15) days prior to the date of hearing, as well as due notice in writing to the parties in interest. The Board shall render its decision on such appeal within a reasonable time after the date of such hearing. Upon the hearing of any appeal any party may appear in person or by agent or by attorney.

Section 400.230. Authority To Affirm, Reverse or Modify Decisions, Orders, Etc.. [CC 1974 §25-27; Ord. No. 40 §16, 11-21-1960]

In exercising the powers mentioned above, the Board of Adjustment may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., and amendments thereto, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

Section 400.240. Vote Necessary For Action. [CC 1974 §25-28; Ord. No. 40 §16, 11-21-1960]

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, to decide in favor of an applicant on any matter upon which it is required to pass under any of the provisions of this Chapter or to effect any variance in this Chapter.

Section 400.250. Board of Adjustment — Decisions Subject To Review — Procedure.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110 shall have preference over all other civil actions and proceedings.

ARTICLE IV

Telecommunication Antennas and Towers

Section 400.260. Regulations Governing The Installation and Operation of Telecommunication Antennas and Towers. [Ord. No. 243 §1, 8-12-1998]

As used in this Article, the following terms shall have the meanings indicated:

ANTENNA — Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

APPLICANT — The property owner and the telecommunication company.

FAA — The Federal Aviation Administration.

FCC — The Federal Communications Commission.

GOVERNING AUTHORITY — The Zoning Commission and the Board of Aldermen of the City of Lake Waukomis.

HEIGHT — When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

MONOPOLE — A structure composed of a single spire used to support telecommunications equipment.

PRE-EXISTING TOWERS AND ANTENNAS — Shall have the meaning set forth in Section 400.270(C) of this Chapter.

TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Section 400.270. Applicability. [Ord. No. 243 §2, 8-12-1998]

A. District Height Limitations. The requirements set forth in this Article shall govern the location of towers that exceed and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

B. Amateur Radio — Receive-Only Antennas. This Article shall not govern any tower or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

C. Pre-Existing Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Article of the Municipal Code shall not be required to meet the requirement of this Article, other than the requirements of Sections 400.290(E) and Section 400.310. Any such towers or antennas shall be referred to in this Article as "pre-existing towers" or "pre-existing antennas".

D. Destruction Of A Pre-Existing Tower. No pre-existing tower which has been damaged by any cause whatsoever to the intent of more than fifty percent (50%) of the fair market value of the facility, immediately prior to damage, shall be restored except in conformity with the regulations of this Title and all rights as a non-conforming use are terminated. If a tower is damaged by less than fifty percent (50%) of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within three (3) months of the date of such damage.

Section 400.280. General Guidelines and Requirements. [Ord. No. 243 §3, 8-12-1998]

A. Purpose — Goals. The purpose of this Article is to establish general guidelines for the siting of towers and antennas. The goals of this Article are to:

1. Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community,

2. Encourage the joint use of new and existing tower sites,

3. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal,

4. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and

5. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

B. Inventory Of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Commission an inventory of its existing towers that are either within the jurisdiction of the City of Lake Waukomis or within five (5) miles of the border thereof, including specific information about the location, height and design of each tower. The Zoning Commission may share such information with other applicants applying for administrative approvals or conditional use permits under this governing authority, provided however, that the Zoning Commission is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

C. Aesthetics — Lighting. The guidelines set forth in this Section 400.280(D) shall govern the location of all towers and the installation of all antennas governed by this Article, provided however, that the Zoning Commission may waive these requirements if it determines that the goals of this Article are better served thereby.

1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2. At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment. Metal equipment buildings are prohibited.

3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

4. Towers shall be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Zoning Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

D. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the Federal Government with the authority to regulate towers and antennas.

E. Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City of Lake Waukomis may remove such tower at the owner's expense.

Section 400.290. Conditional Use Permits. [Ord. No. 243 §4, 8-12-1998]

A. General. The following provisions shall govern the issuance of conditional use permits:

1. A conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

2. In granting a conditional use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. The term of the conditional use permit may be limited.

3. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

B. Information Required. Each applicant requesting a conditional use permit under this Article shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation signed and sealed by appropriate licensed professionals showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the Zoning Commission to be necessary to assure compliance with this Article.

C. Technical Review. The telecommunication industry uses various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of a telecommunication facility, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances there may be a need for expert review by a third (3rd) party of the technical data submitted by the telecommunication provider. The Zoning Commission and/or Board of Aldermen may require such a technical review, to be paid for by the applicant, for the telecommunication facility. Selection of the third (3rd) party expert may be by mutual agreement among the applicant and interested parties or at the discretion of the City, with a provision for the applicant and interested parties to comment on the proposed expert(s) and review qualifications.

D. Criteria Considered In Granting Conditional Use Permits. The Zoning Commission shall consider the following factors in determining whether to issue a conditional use permit, although the Zoning Commission may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Zoning Commission concludes that the goals of this Article are better served thereby.

1. The maximum height of a tower shall not exceed one hundred ninety-nine (199) feet above the existing ground level.

2. Telecommunication facilities should be located and designed to minimize any adverse effect they may have on residential property values.

a. The use of compatible colors and facility designs should be compatible with surrounding buildings and/or uses in the area or those likely to exist in the area and should prevent the facility from dominating the surrounding area.

b. Location and design of sites in commercial or industrial zones should consider the impact of the site on the surrounding neighborhood, particularly the visual impact within the zone district and area residential uses.

c. Fencing should not necessarily be used to screen a site and security fencing should be colored or should be of a design which blends into the character of the existing environment.

d. Freestanding facilities should be located to avoid a dominant silhouette.

e. White lights and strobe lights are prohibited at night.

f. Access drives to the site must be asphalt or concrete at least twelve (12) feet wide.

g. Telecommunication facilities and towers shall not have any signage for business identification or advertising attached or incorporated into pole or base.

3. Facilities should be architecturally compatible with surrounding buildings and land uses in the zone district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.

4. At the time of the conditional use request an evaluation of the visual impact should be taken into consideration if vegetation is to be removed.

5. Innovative designs should be used whenever the screening potential of the site is low. For example, by constructing screening structures which are compatible with surrounding architecture, the visual impact of a site may be mitigated.

6. Roof and/or building-mount facility. Antennas on the rooftop or above a structure shall be screened, constructed and/or colored to match the structure to which they are attached. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding twelve (12) inches in diameter on a roof or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character and color. (All antennas and structures must comply with adopted building codes.)

7. Minimum setbacks for microcell and repeaters are those required for any accessory building or structure within the applicable standard zone district.

8. Minimum setback for towers and supports when located within two hundred fifty (250) feet of any property zoned for residential land use: the tower height plus twenty-five (25) feet from the property line of any property zoned for residential land use or any area designated by the City of Lake Waukomis for recreational use, including playgrounds, ballparks, tennis courts, basketball courts and public bathrooms.

8. The structure must be architecturally and visually (color, bulk, size) compatible with surrounding existing buildings, structures, vegetation and/or uses in the area or those likely to exist under the terms of the underlying zoning.

E. Accommodation Of Other Telecommunication Providers. When the construction of a tower is approved, the applicant must, in the future, reasonably accommodate other telecommunication providers' proposed antennas. The owner with an existing tower or other structure may include reasonable fees, costs or contractual provisions of the new applicant in order to share the existing tower or structure or to adapt an existing tower or structure for sharing. Costs exceeding new tower development are presumed to be unreasonable. Before the owner of an existing tower or other structure can deny the use of that existing tower or structure to other telecommunication providers, the owner must demonstrate to the reasonable satisfaction of the Zoning Commission that sharing its existing tower or other structure with other telecommunication providers is not reasonable.

F. Availability Of Suitable Existing Towers Or Other Structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Commission that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

1. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

5. The fees, costs or contractual provisions required by the owner, in order to share an existing tower or structure or to adapt an existing tower or structure for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

G. Setbacks And Separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a conditional use permit is required, provided however, that the Zoning Commission may reduce the standard setbacks and separation requirements if the goals of this Article would be better served thereby.

1. Towers must be set back a distance equal to the height of the tower plus twenty-five (25) feet from the property line of any property zoned for residential land use or any area designated by the City for recreational use, including playgrounds, ballparks, tennis courts, basketball courts and public bathrooms.

2. Towers and accessory facilities must satisfy the minimum zoning district setback requirements.

3. In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety (90) feet in height shall not be located within one-quarter (¼) of a mile from any existing tower that is over ninety (90) feet in height.

H. Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the governing authority may waive such requirements as it deems appropriate.

I. Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required, provided however, that the Zoning Commission may waive such requirements if the goals of this Article would be better served thereby.

1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip, at least four (4) feet wide, outside the perimeter of the compound.

2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

3. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

Section 400.300. Implementation Policies. [Ord. No. 243 §5, 8-12-1998]

Community Notification. Prior to and subsequent to site application submittal, the applicant shall offer to meet informally with community groups and interested individuals who reside within the vicinity (including adjacent landowners and registered homeowner associations) to explain the site development concept proposed in the application. The purpose of these meetings is to solicit suggestions from these groups about the applicant's proposed site design and impact mitigation measures. The industry needs to make a concerted effort to incorporate the community suggestions for impact mitigation generated by these meetings and report on their efforts in the hearings on the site application. The industry should be prepared to discuss technical and visual aspects of alternative sites as applicable at these informal meetings.

Section 400.310. Abandonment. [Ord. No. 243 §6, 8-12-1998]

It shall be the duty of the facility owner to notify the City when the site is no longer to be used for telecommunication purposes. Telecommunication facilities, which are not in use for six (6) months for telecommunication purposes, shall be removed by the telecommunication facility owner. This removal shall occur within ninety (90) days of the end of such six (6) month period. Upon removal the site shall be revegetated to blend with the existing surrounding vegetation.



[1]. State Law Reference — For similar state law, RSMo. §89.120.

Chapter 405

FLOOD HAZARD PREVENTION

ARTICLE I

Findings of Fact, Purpose and Objectives

Section 405.010. Findings of Fact — Statutory Authorization.

A. The legislature of the State of Missouri has in Chapter 89 (Section 89.020) of the State Statutes delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Lake Waukomis ordains flood regulations as set out herein.

B. The special flood hazard areas of the City of Lake Waukomis, Missouri, are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

C. General Causes Of The Flood Losses. These flood losses are caused by the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

D. Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.

1. Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS and illustrative materials dated April, 1980, as amended, and any future revisions thereto.

2. Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

3. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

4. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

5. Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but still subject to inundation by the base flood.

Section 405.020. Statement of Purpose.

A. It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I, Section 405.010(B); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to:

1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

ARTICLE II

Definitions

Section 405.030. Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

100-YEAR FLOOD — See "BASE FLOOD".

ACCESSORY STRUCTURE — Means the same as "APPURTENANT STRUCTURE".

ACTUARIAL OR RISK PREMIUM RATES — Those rates established by the Administrator pursuant to individual community studies and investigation which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

ADMINISTRATOR — The Federal Insurance Administrator.

AGENCY — The Federal Emergency Management Agency (FEMA).

APPEAL — A request for a review of the Code Enforcement Officer's interpretation of any provision of this Chapter or a request for a variance.

APPURTENANT STRUCTURE — A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

AREA OF SHALLOW FLOODING — A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD — The flood having a one percent (1%) chance of being equalled or exceeded in any given year.

BASEMENT — Any area of the building having its floor subgrade (below ground level) on all sides.

BUILDING — See "STRUCTURE".

CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL — The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.

COMMUNITY — Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

DEVELOPMENT — Any manmade change to improved or unimproved real estate including, but not limited to, buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

ELEVATED BUILDING — For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY — A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

EXISTING CONSTRUCTION — For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — An Official Map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION — A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY — An examination, evaluation and determination of flood hazards.

FLOOD HAZARD BOUNDARY MAP (FHBM) — An Official Map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM) — An Official Map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY — The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOOD OR FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT — The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS — Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN OR FLOOD-PRONE AREA — Any land area susceptible to being inundated by water from any source (see "FLOODING").

FLOODPROOFING — Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

FLOODWAY ENCROACHMENT LINES — The lines marking the limits of floodways on Federal, State and local floodplain maps.

FLOODWAY FRINGE — The area outside the floodway encroachment lines but still subject to inundation by the regulatory flood.

FLOODWAY OR REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

FREEBOARD — A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE — A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE — Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved State program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.

MANUFACTURED HOME — A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MARKET VALUE OR FAIR MARKET VALUE — An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MEAN SEA LEVEL — For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

NEW CONSTRUCTION — For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after the effective date of the floodplain management regulations adopted by the community.

NFIP — The National Flood Insurance Program (NFIP).

PARTICIPATING COMMUNITY — Also known as "eligible community", means a community in which the Administrator has authorized the sale of flood insurance.

PERSON — Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State and local governments and agencies.

PRINCIPALLY ABOVE GROUND — At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.

RECREATIONAL VEHICLE — A vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projections;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REMEDY A VIOLATION — To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.

RISK PREMIUM RATES — Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

SPECIAL FLOOD HAZARD AREA — See "AREA OF SPECIAL FLOOD HAZARD".

SPECIAL HAZARD AREA — An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.

START OF CONSTRUCTION — Includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or part of the main structure. For a substantial improvement, the actual "start of construction" means the first (1st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STATE COORDINATING AGENCY — That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.

STRUCTURE — For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or

2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

VARIANCE — Grant of relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in unnecessary hardship. Flood insurance requirements remain in place of any varied use or structure and cannot be varied by the community.

VIOLATION — The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION — The height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

ARTICLE III

General Provisions

Section 405.040. Lands To Which This Chapter Applies.

This Chapter shall apply to all areas within the jurisdiction of the City of Waukomis, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated April, 1980, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article V.

Section 405.050. Penalties For Non-Compliance.

A. No development located in the special flood hazard areas of this community shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.

B. Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute an ordinance violation. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

C. Nothing herein contained shall prevent the City of Lake Waukomis or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 405.060. Abrogation and Greater Restrictions.

This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Section 405.070. Interpretation.

A. In the interpretation and application of this Chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the Governing Body; and

3. Deemed neither to limit nor repeal any other powers granted under State Statutes.

Section 405.080. Warning and Disclaimer of Liability.

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and floodway fringe or land uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Lake Waukomis or by any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

Section 405.090. Severability.

If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid in a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby.

ARTICLE IV

Administration

Section 405.100. Establishment of A Development Permit.

A. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 405.040. No person, firm or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Article II. Application for a development permit shall be made on forms furnished by the Code Enforcement Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures.

2. Elevation in relation to mean sea level to which any non-residential structure is to be floodproofed.

3. Certification from a registered professional engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in Article V, Section 405.170.

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Section 405.110. Application For Floodplain Development Permit.

A. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

1. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;

2. Identify and describe the work to be covered by the floodplain development permit;

3. Indicate the use or occupancy for which the proposed work is intended;

4. Indicate the assessed value of the structure and the fair market value of the improvement;

5. Specify whether development is located in designated floodway fringe or floodway;

6. Identify the existing base flood elevation and the elevation of the proposed development;

7. Give such other information as reasonably may be required by the Code Enforcement Officer;

8. Be accompanied by plans and specifications for proposed construction; and

9. Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.

Section 405.120. Designation of The Local Administrator.

The Code Enforcement Officer is hereby appointed to administer and implement the provisions of this Chapter by granting or denying development permit applications in accordance with its provisions.

Section 405.130. Duties and Responsibilities of The Code Enforcement Officer.

A. Duties of the Code Enforcement Officer shall include, but not be limited to:

1. Review all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.

2. Review all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law.

3. When base flood elevation data has not been provided in accordance with Article III, Section 405.040, then the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source in order to administer the provisions of Article V.

4. Verify, record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

5. Verify, record and maintain records of the actual elevation (in relation to mean sea level) to which the new or substantially improved non-residential structures have been floodproofed.

6. When floodproofing techniques are utilized for a particular non-residential structure, the Code Enforcement Officer shall obtain certification from a registered professional engineer or architect.

7. Notify adjacent communities and the State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse and shall submit evidence of such notification to the Federal Emergency Management Agency.

8. Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished.

9. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field condition), the Code Enforcement Officer shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article.

10. Issue floodplain development permits for all approved applications.

11. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.

Section 405.140. Variance Procedures.

A. The Board of Adjustment as established by the City of Lake Waukomis shall hear and decide appeals and requests for variances from the requirements of this Chapter.

B. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Code Enforcement Officer in the enforcement or administration of this Chapter.

C. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court of Platte County, Missouri, as provided in Section 89.110, RSMo.

D. In passing upon such applications, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter, and the following criteria:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of a proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

E. Conditions For Variances.

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided Subdivisions (2) through (6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the reconstruction or rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or local inventory of historic places upon a determination that the proposed activity will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

5. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

6. A community shall notify the applicant in writing over the signature of a community official that:

a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) or one hundred dollars ($100.00) of insurance coverage; and

b. Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions as required by this Chapter.

ARTICLE V

Provisions For Flood Hazard Reduction

Section 405.150. General Standards.

A. No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.

B. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

C. Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

D. In all areas of special flood hazards (Zones A, AE, A1-30), the following provisions are required in all new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other development:

1. All new construction, including manufactured homes and substantial improvements, shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. Shall be constructed with materials resistant to flood damage.

3. Shall be constructed by methods and practices that minimize flood damage.

4. Shall be constructed with electrical, heating, ventilation, plumbing and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters.

7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

8. Storage, material and equipment. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

9. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

10. Until a floodway has been designated, no development, including landfill, may be permitted within Zones A1-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevations of the 100-year flood more than one (1) foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference, Article III, Section 405.040 of this Chapter.

Section 405.160. Standards For Subdivision Proposals.

A. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

1. All such proposals shall be consistent with the need to minimize flood damage.

2. All public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.

3. Adequate drainage provided to reduce exposure to flood hazards.

4. All proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

Section 405.170. Specific Standards.

A. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Article III, Section 405.040, the following provisions are required:

1. Residential construction. New construction or substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated one (1) foot above the base flood elevation.

2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure including manufactured homes shall either have the lowest floor, including basement, elevated one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Article IV, Section 405.130.

3. Requirements for all new construction and substantial improvements. Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

b. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

4. In all areas of special flood hazard, once floodway data is obtained, as set forth in Section 405.040, the following provisions are required:

a. The designated floodway shall be based on the standard that the area chosen for the floodway must be designed to carry the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point; and

b. The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development, within the designated regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

5. Manufactured homes.

a. All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Manufactured homes must be anchored in accordance with State and local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

(1) Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side;

(2) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side;

(3) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

(4) Any additions to the manufactured home be similarly anchored.

b. Require manufactured homes that are placed or substantially improved within unnumbered A Zones and AE Zones on the community's FIRM on sites:

(1) Outside of manufactured home park or subdivision;

(2) In a new manufactured home park or subdivision;

(3) In an expansion to an existing manufactured home park or subdivision; or

(4) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot above the base flood level and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

c. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered A Zones and AE Zones on the community's FIRM, that are not subject to the provisions of Subparagraph (b) of this Subsection, be elevated so that either:

(1) The lowest floor of the manufactured home is one (1) foot above the base flood level; or

(2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

6. Recreational vehicles. Recreational vehicles placed on sites within special flood hazard areas on the community's FIRM shall either:

a. Be on the site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use*; or

b. Meet the permitting, elevating and the anchoring requirements for manufactured homes of this Chapter.

*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Section 405.180. Areas of Shallow Flooding (AO and AH Zones).

A. Located within the areas of special flood hazard established in Article III, Section 405.040 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

1. Within AO Zones.

a. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified).

b. All new construction and substantial improvements of non-residential structures shall:

(1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified), or

(2) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c. Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

d. The anchoring requirements for manufactured homes as established in Section 405.170, Subsection (5)(a) shall be required.

2. Within AH Zones.

a. The specific standards for all areas of special flood hazard where base flood elevation data has been provided shall be required as set forth in Section 405.170.

b. Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

ARTICLE VI

Non-Conforming Use

Section 405.190. Non-Conforming Use.

A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Chapter but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions:

1. If such use is discontinued for thirty-six (36) consecutive months, any future use of the building premises shall conform to this Chapter. The Utility Department shall notify the Code Enforcement Officer in writing of instances of non-conforming uses where utility services have been discontinued for a period of thirty-six (36) months.

2. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.

B. If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred unless reconstructed in conformity with the provisions of this Chapter. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.

ARTICLE VII

Amendments

Section 405.200. Amendments.

A. The regulations, restrictions, boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Lake Waukomis.

B. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Chapter are in compliance with the National Flood Insurance Program regulations as published in Title 44 of the Code of Federal Regulations.


Title V:

Building and Construction

Chapter 500

BUILDING REGULATIONS

ARTICLE I

Official Building Codes

Section 500.010. Purpose. [CC 1974 §5-30; Ord. No. 177 §I(5-30), 6-13-1990]

The purpose of this Chapter is to protect the public from foreseen and unforeseen dangers which could exist if the nationally accepted codes for electricity, buildings and plumbing, adopted hereunder, were not followed.

Section 500.020. Application. [CC 1974 §5-31; Ord. No. 177 §I(5-31), 6-13-1990]

This Chapter shall apply to all buildings within the City of Lake Waukomis, Missouri.

Section 500.030. Official Codes. [CC 1974 §5-32; Ord. No. 177 §I(5-32), 6-13-1990; Ord. No. 305 §2, 2-11-2004; Ord. No. 309 §2, 7-14-2004; Ord. No. 376 §§1 — 2, 7-8-2009]

A. The following codes are adopted and incorporated by reference into the Code of the City of Lake Waukomis, Missouri, general ordinances as the "Official Building Codes":

1. The "National Electric Code" prepared by the Fire Protection Association, Battery March Park, Quincy, Massachusetts; ISBN #0-87765-361-5; as amended from time to time.

2. The "International Building Code" prepared by International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, as amended from time to time.

3. The International Residential Code 2009 (for one- and two-family dwellings) prepared by International Code Council, Inc., and all addendums and additions as published.

4. The "Uniform Plumbing Code" prepared by the International Association of Plumbing and Mechanical Officials; Library of Congress Catalog #78-073977; as amended from time to time.

Section 500.040. Minimum Building Standards. [CC 1974 §5-33; Ord. No. 177 §I(5-33), 6-13-1990]

The minimum building standard for any building in the City of Lake Waukomis, Missouri, under construction currently or erected hereafter shall be those in the "Official Building Codes" as described herein above.

Section 500.050. Enforcement. [CC 1974 §5-34; Ord. No. 177 §I(5-34), 6-13-1990]

The City of Lake Waukomis, Missouri, Building Inspector shall be charged with the responsibility of enforcing the aforementioned official building codes. Said Building Inspector shall perform such responsibilities through the use of all of the powers at his/her disposal.

ARTICLE II

In General

Section 500.060. Building Defined. [CC 1974 §5-1; Ord. No. 44 §1, 8-1-1962]

Whenever used in this Chapter, the word "building" shall mean any and all buildings, including dwellings and houses, being constructed within the limits of the City.

Section 500.070. Building Inspector — Office Created — Appointment. [CC 1974 §5-2; Ord. No. 44 §2, 8-1-1962]

There is hereby created the office of Building Inspector, consisting of one (1) person, who shall be appointed by a majority vote of the members of the Board of Aldermen.

Section 500.080. Building Inspector — Failure To Perform Duties. [CC 1974 §5-3; Ord. No. 44 §8, 8-1-1962]

If for any reason the duly appointed Building Inspector shall fail, refuse or be unable to perform the duties of his/her office, then, upon the request of the Mayor, the Enforcement Officer of the City shall perform all of the duties of the Building Inspector.

Section 500.090. Building Inspector — Duties Generally. [CC 1974 §5-4; Ord. No. 44 §3, 8-1-1962]

A. Upon the request of the Mayor, the Building Inspector shall inspect any and all buildings in the course of construction or remodeling for the purpose of determining whether or not the materials and workmanship being used in the construction of such building are of the grade and quality required by the terms and provisions of this Code and other ordinances of the City and whether or not such building is being constructed in accordance with plans submitted to the Building Inspector.

B. The Building Inspector shall make an inspection report, in writing, of his/her findings and he/she shall submit at least two (2) copies of such report to the Mayor.

C. In the event that the Building Inspector shall find that the materials being used, the workmanship therein or the construction of any building being constructed within the City does not comply with the terms and provisions of this Code or other ordinances of the City applicable thereto and the plans submitted therefor, then the Building Inspector shall specify in his/her written report to the Mayor an itemized statement of any such non-compliance.

Section 500.100. Generally Accepted Standards of Good Practice. [CC 1974 §5-6; Ord. No. 82 Art. 12 §1207, 10-3-1968]

All matters not covered by this Chapter shall conform with generally accepted good practice. The Building Code as recommended by the American Insurance Association and the various recommended good practices published by the National Fire Protection Association shall be deemed the generally accepted good practices for the construction and equipment of buildings and the fire protection and life safety in connection with hazardous materials and processes. Fire-resistance ratings of floor, ceiling, wall and partition assemblies as published by the American Insurance Association and by Underwriters' Laboratories Inc. shall be deemed acceptable to establish fire- resistance ratings required by this Chapter.

Section 500.110. Appeals and Hearings — Decisions Upon Appeal. [CC 1974 §5-7; Ord. No. 82 Art. 13 §1301, 10-3-1968]

A. An owner, lessee, agent, operator or occupant aggrieved by any order issued pursuant to this Chapter may file an appeal to the Board of Aldermen within ten (10) days from the service of such an order and the Board of Aldermen shall fix a time and place not less than five (5) days nor more than ten (10) days thereafter when and where such appeal may be heard by it. Such appeal shall stay the execution of such order until it has been heard and reviewed, vacated or confirmed.

B. At such hearing the Board of Aldermen shall affirm, modify, revoke or vacate such order. Unless revoked or vacated, such order shall then be complied with.

C. Nothing contained in this Chapter shall be deemed to deny the right of any person to appeal from an order or decision of the Board of Aldermen to a court of competent jurisdiction. Such appeals shall stay the execution of such order until it has been heard and reviewed, vacated or confirmed.

Section 500.120. Street Address Numbers. [CC 1974 §5-7.2; Ord. No. 216 §§I — III, 9-20-1995]

A. All structures in the City of Lake Waukomis shall be assigned a street address number by the City of Lake Waukomis. A record of such numbers shall be maintained at the City office.

B. It shall be the duty of the owners or occupants of any such structure in the City of Lake Waukomis to have placed in an unobstructed position on said structure in contrasting color numbers which are no less than three (3) inches high and no less than one-half (½) inch wide at any point and no object obscures the visibility of the numbers from the City street. Numbers must be numerical and not cursive. "Unobstructed position" is defined as a position where the number is visible from the City street.

C. Any person failing to so number a structure occupied by him/her, after receiving notice from the City of Lake Waukomis, shall continue in his/her failure to so number such structure for a period of thirty (30) days after such notice has been issued shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00). Each day such violation continues shall be deemed a separate offense.

ARTICLE III

Building Permits

Section 500.130. Required — New Construction — Compliance With Code — Application — Filing Fee. [CC 1974 §5.8; Ord. No. 245 §2(5.8), 3-10-1999; Ord. No. 409 §§I — II, 2-9-2011]

No person, firm or corporation shall hereafter commence the construction of any building, house, dwelling or other structure within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing such construction. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 of the Code of the City of Lake Waukomis and the terms and provisions of this Chapter. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to construct a building, residence or dwelling shall be accompanied by a filing fee of four hundred seventy dollars ($470.00) which sum shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.140. Additions To Existing Structures — Compliance With Code — Application — Filing Fee. [CC 1974 §5.9; Ord. No. 245 §2(5.9), 2-10-1999; Ord. No. 409 §§I — II, 2-9-2011]

No person, firm or corporation shall hereafter make any addition, including auto ports, to any existing building, house or dwelling within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing such construction. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 of the Code of the City of Lake Waukomis and the terms and provisions of this Article. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to construct an addition to a building, residence or dwelling shall be accompanied by a filing fee of two hundred twenty dollars ($220.00) which sum shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.150. Installation, Location and Requirements For The Construction of Satellite Antennas. [CC 1974 §5-9.1; Ord. No. 202 §§1 — 6, 1-12-1994]

A. Definitions. The following definitions shall apply in the interpretation and enforcement of this Section:

ANTENNA SUPPORT STRUCTURE — Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas for the purpose of reception or transmission of radio frequency signals.

SATELLITE ANTENNA — The arrangement of wires or metal rods used in the transmission or reception of radio frequency signals.

SATELLITE ANTENNA HEIGHT — The overall vertical length of the antenna support structure and the antenna above grade or the roof line if mounted on a building.

B. Permit Required. It shall be unlawful for any person to install or construct a satellite antenna or increase the height or diameter of any satellite antenna without first obtaining a building permit.

C. Application. Applications for a building permit required in Subsection (B) shall be made upon such forms as requested or provided by the City and the applicant shall attach thereto the following items:

1. A location plan for the antenna support structure.

2. Manufacturer's specifications for the antenna support structure and details of footings, guys and anchors, if required by the manufacturer.

3. A plan for screening the satellite antenna.

4. A cost estimate for the proposed screening and landscaping.

5. A building permit will be issued provided the information furnished demonstrates compliance with Subsections (D) and (E) of this Section.

D. Construction Requirements.

1. Materials. Antenna support structures must be constructed from one (1) of the following materials: aluminum, galvanized steel or equally weather-resistant steel. All ground-mounted antenna support structures shall be mounted and erected in such a manner as to be able to withstand a minimum wind velocity of seventy (70) miles per hour (impact pressure of twenty (20) pounds per square foot).

2. Electrical. All antenna support structures, whether ground or roof mounted, shall be grounded. For ground-mounted towers the ground shall consist of a minimum of one (1) ground rod a minimum of five-eights (€) inch in diameter and eight (8) feet in length. The ground conductor shall be a minimum of #10 GA copper. However, in all instances, construction shall follow the manufacturer's requirements for grounding. All installations of antennas and antenna support structures shall conform to the requirements of the National Electrical Code.

E. Criteria For Approval. The building permit for satellite antenna will be issued only upon the approval of the Building Inspector and the Zoning Commission of the City of Lake Waukomis. Criteria for approval are as follows:

1. All satellite antennas shall be constructed with a "mesh dish" which is hereby defined as a parabolic dish consisting of a uniform pattern of openings between metal threads and whereby openings are equal to at least fifty percent (50%) of the area of the dish. No solid dishes shall be permitted.

2. A dish will be allowed only on the lake side, not on the front yard of first (1st) tier lots. A dish will only be allowed in the back yard, not the front or side yards on second (2nd) tier lots. An exception may be made to this requirement by the Zoning Commission of Lake Waukomis upon a showing by the applicant that a different placement of the dish is necessary in order to effectively receive signals.

3. All dishes must be at least fifteen (15) feet from all property lines. No antenna or screening placement shall unreasonably block or impede the view of any other residents or lake. On-site review by the Building Inspector shall be conducted to assure compliance with this provision. An exception may be made to this requirement by the Zoning Commission of Lake Waukomis upon a showing by the applicant that a different placement of the dish is necessary in order to effectively receive signals.

4. All antennas shall be effectively screened, year-round, from view from all other residents, streets, parks and the lake at the time of installation. Screening shall be designed to be compatible with the surrounding architecture and landscaping. Screening shall be permanently maintained for the duration of the satellite antenna installation. A screening is to be accomplished by use of shrubbery and trees. The shrubs and trees shall include trees and shrubs of the "evergreen type" in order to provide screening year-round.

5. Antennas are to be painted with colors approved by the Zoning Commission of Lake Waukomis.

6. A maximum of one (1) satellite dish antenna will be permitted per lot.

7. All antennas in residential districts shall be permitted for private, non-commercial use only.

8. Antennas and screening shall be removed at the owner's expense upon termination or revocation of a use permit.

9. The maximum diameter of a satellite dish shall be eight (8) feet. The maximum height of a satellite dish above ground shall be ten (10) feet. Maximum height is the highest portion of the dish measured above ground level. The Zoning Commission shall have the discretion to approve a satellite dish of greater diameter and/or tree satellite dish with a greater maximum height if the applicant can demonstrate that an increased size of dish and/or increased maximum height is necessary to effectively receive signals.

10. A cash surety bond in the form of cash, cashier's check or certified check in the amount of not less than three hundred dollars ($300.00) shall be posted prior to the issuance of a permit to cover estimated screening and landscaping expenses. In the event the cost estimate for the proposed screening exceeds the minimum amount required for the surety bond, the Zoning Commission shall require sufficient funds be posted to assure completion. The Zoning Commission shall establish a date by which the landscaping and screening is to be completed. In the event the owner fails to comply with this date, the cash bond shall be held by the City until the installation is completed. In the event the owner complies with these requirements, the cash bond shall be returned to the owner following final inspection of the site. Failure to comply with these requirements shall be deemed a violation of this Section and subject to the penalty as prescribed.

11. The filing fee for this permit shall be established by the Board of Aldermen.

Section 500.160. Retaining Walls — Application — Filing Fee. [CC 1974 §5.10; Ord. No. 245 §2(5.10), 3-10-1999; Ord. No. 409 §§I — II, 2-9-2011]

No person, firm or corporation shall hereafter commence the construction of any retaining wall within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing the construction of such retaining wall. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 of the Code of the City of Lake Waukomis and the terms and provisions of this Section. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to construct a retaining wall shall be accompanied by a filing fee of sixty-five dollars ($65.00) which shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.170. Remodeling of Dwelling — Application — Filing Fee. [CC 1974 §5.11; Ord. No. 245 §2(5.11), 3-10-1999; Ord. No. 409 §§I — II, 2-9-2011]

No person, firm or corporation shall hereafter commence the remodeling of any building, house or dwelling within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing such remodeling. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 the Code of the City of Lake Waukomis and the terms and provisions of this Section. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to remodel a building, house or dwelling shall be accompanied by a filing fee of one hundred eighty dollars ($180.00) which sum shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.180. Deck/Patio — Application — Filing Fee. [CC 1974 §5.12; Ord. No. 245 §2(5.12), 3-10-1999; Ord. No. 409 §§I — II, 2-9-2011]

No person, firm or corporation shall hereafter commence the construction of any deck/patio or similar structure within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing such construction. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 of the Code of the City of Lake Waukomis and the terms and provisions of this Section. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to construct a deck/patio shall be accompanied by a filing fee of sixty-five dollars ($65.00) which sum shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.190. Boat Dock — Application — Filing Fee. [CC 1974 §5.13; Ord. No. 245 §2(5.13), 3-10-1999]

No person, firm, or corporation shall hereafter commence the construction of any boat dock within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing any such construction. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 of the Code of the City of Lake Waukomis and the terms and provisions of this Section. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by a majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to construct a boat deck shall be accompanied by a filing fee of thirty-five dollars ($35.00) which sum shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.200. Fence — Application — Filing Fee. [CC 1974 §5.14; Ord. No. 245 §2(5.14), 3-10-1999; Ord. No. 409 §§I — II, 2-9-2011]

No person, firm or corporation shall hereafter commence the construction of any fence within the limits of this City without first applying for and obtaining from the Enforcement Officer of this City a building permit authorizing such construction. The Enforcement Officer shall not issue any such building permit until the applicant therefore has complied with the terms and provisions of Chapter 400 of the Code of the City of Lake Waukomis and the terms and provisions of this Section. The application for a building permit shall be made by the applicant therefore on a form provided by the Enforcement Officer, such form shall be approved and provided by majority vote of the Board of Aldermen of the City of Lake Waukomis, Missouri. All applications for a permit to construct a fence shall be accompanied by a filing fee of fifty dollars ($50.00) which sum shall cover application, permit and inspection fees, said sum shall be paid to the City Collector.

Section 500.210. Cancellation For Failure To Begin or Complete Work. [CC 1974 §5.15; Ord. No. 31 §6-216; Ord. No. 245 §2(5.15), 3-10-1999]

A. If construction is not started within sixty (60) days after a permit is issued, such permit is declared cancelled.

B. If work is started and left standing with no effort to complete the same for sixty (60) days, such permit is declared cancelled and it will be necessary to secure a new permit for completion.

Section 500.220. Plans and Specifications To Be Filed. [CC 1974 §5.16; Ord. No. 31 §6-216; Ord. No. 245 §2(5.16), 3-10-1999]

A complete set of plans and specifications shall be submitted by the lot owner to the Enforcement Officer before any building permit is issued.

Section 500.230. Building Bond. [CC 1974 §5.17; Ord. No. 57 §§1 — 2, 8-27-1964; Ord. No. 245 §2(5.17), 3-10-1999]

A. It shall be unlawful for any person owning a lot within the City to commence the construction of, to cause the commencing of the construction of or permit the construction of any building, house, room addition or any addition to any existing building upon such lot without first posting with the City Clerk a building bond in the cash sum of one thousand five hundred dollars ($1,500.00) for houses and one thousand dollars ($1,000.00) for room additions or any addition to any existing building, which bond shall be in substantially the following form:

BUILDING BOND

KNOW ALL MEN BY THESE PRESENT;

That the undersigned, being the owner or owners of Lot__________, Block __________, in the City of Lake Waukomis, Missouri, upon which lot a building, house, dwelling or addition to be constructed, are held firmly bound to the City of Lake Waukomis, Missouri, in the sum of __________ herewith deposited with the City Clerk of the City the payment of which we bind ourselves, the undersigned, our heirs, contractors, successors and assigns, jointly and severally, firmly by these present, as follows:

The condition of this obligation is such that the undersigned does hereby promise and agree that the construction of said building, house, dwelling or addition will be completed in accordance with all the requirements of the City Code and other ordinances of the City of Lake Waukomis, Missouri.

NOW, THEREFORE, if the construction of said building, house or dwelling is completed in accordance with all of the requirements of the Code and other ordinances of the City of Lake Waukomis, Missouri, then this obligation shall be null and void; otherwise this obligation shall remain in full force and effect.

The bond money shall not be refunded to the undersigned until the Enforcement Officer of the City has certified to the City Clerk that such building, house or dwelling has been constructed in accordance with all of the requirements of the City Code and other ordinances of the City of Lake Waukomis, Missouri, and the undersigned shall be responsible for the builder or contractor of such building, house or dwelling complying with all of the requirements of the City Code and other ordinances of the City.

B. The Enforcement Officer of the City shall not issue any building permit until the building bond as provided in this Section has been duly deposited with the City Clerk.

ARTICLE IV

Gas Piping and Gas Appliances

Section 500.240. Piping Installations. [CC 1974 §5-19; Ord. No. 82 Art. 6 §601, 10-3-1968]

Piping for any and all types of gas used for fuel or lighting purposes in buildings and structures shall be installed to conform with nationally recognized good practices.

Section 500.250. Gas Connections. [CC 1974 §5-20; Ord. No. 82 Art. 6 §603, 10-3-1968]

Gas connections to stoves, heaters and other appliances shall be made by metal pipe or by approved metal tubing securely fastened in place; except that for devices which require a moveable connection, approved flexible tubing may be used; provided that there shall be only one (1) shutoff valve; and provided further, that such valve is located in the rigid pipe in back of the point where the flexible tubing connects to the rigid pipe and in no case at the device.

Section 500.260. Venting of Appliances. [CC 1974 §5-21; Ord. No. 82 Art. 6 §604, 10-3-1968]

Draft hoods, flues or vents, vent connectors, clearance to combustible materials, size and height above roofs shall be in accordance with nationally recognized good practices. Compliance with the National Fire Protection Association Pamphlet No. 54 shall be deemed compliance with nationally recognized good practices.

Section 500.270. Air For Combustion and Ventilation. [CC 1974 §5-22; Ord. No. 82 Art. 6 §605, 10-3-1968]

A. Gas appliances shall be installed in a location in which the facilities for ventilation permit satisfactory combustion of gas and proper ventilation under normal conditions of use.

B. Where appliances are installed in a confined space within a building of unusually tight construction, air for combustion and ventilation shall be obtained from the outdoors or from spaces freely communicating with the outdoors.

ARTICLE V

Penalty

Section 500.280. Penalty. [CC 1974 §5-35; Ord. No. 245 §3, 3-10-1999]

Any person in violation of any portion of the requirements and procedures set forth in Chapter 500 of this Code or any of the technical codes adopted herein, shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and/or five (5) days in jail for each day such violation continues.

Chapter 510

EXCAVATIONS

Cross Reference — As to streets and sidewalks generally, ch. 240 of this Code.

Section 510.010. Permit — Required. [CC 1974 §8-1; Ord. No. 45 §1, 8-1-1962]

No person shall perform any excavation work or excavate any dirt or soil within the City without first applying for and obtaining from the Building Inspector of this City an excavation permit.

Section 510.020. Permit — Application. [CC 1974 §8-2; Ord. No. 45 §1, 8-1-1962]

Application for an excavation permit shall be made by the applicant therefor on a form provided by the Building Inspector, such form shall be approved and provided by majority vote of the Board of Aldermen.

Section 510.030. Permit — Fees. [CC 1974 §8-3; Ord. No. 45 §l, 8-1-1962]

Whenever an application for an excavation permit is accompanied with an application for a building permit, there shall not be any fee charged for the excavation permit, but all other excavation permits shall be accompanied by a fee of thirty-five dollars ($35.00) which shall be paid to the City Collector.

Chapter 505

DANGEROUS BUILDINGS

Section 505.010. Purpose and Scope.

It is the purpose of this Chapter to provide a just, equitable and practicable method for the repairing, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety or welfare of the occupants of such buildings or the general public, and this Chapter shall apply to all dangerous buildings, as herein defined, that now are in existence or that may hereafter exist in the City of Lake Waukomis, Missouri.

Section 505.020. Dangerous Buildings Defined.

A. All buildings or structures that are detrimental to the health, safety or welfare of the residents of the City and that have any or all of the following defects shall be deemed "dangerous buildings":

1. Those with interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.

2. Those that, exclusive of the foundation, show thirty-three percent (33%) or more damage or deterioration of the supporting member or members or fifty percent (50%) damage or deterioration of the non-supporting enclosing or outside walls or covering.

3. Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or that have insufficient strength to be reasonably safe for the purpose used.

4. Those that have been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the City.

5. Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or welfare of those occupying such building.

6. Those having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.

7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other adequate means of evacuation.

8. Those that have parts thereof that are so attached that they may fall and injure members of the public or property.

9. Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.

Section 505.030. Dangerous Buildings Declared Nuisance.

All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.

Section 505.040. Standards For Repair, Vacation or Demolition.

A. The following standards shall be followed in substance by the Building Inspector and the Building Commissioner in ordering repair, vacation or demolition of any dangerous building.

1. If the dangerous building can reasonably be repaired so that it no longer will exist in violation of the terms of this Chapter, it shall be ordered repaired.

2. If the dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated and repaired.

3. In all cases where a building cannot be repaired so that it no longer will exist in violation of the terms of this Chapter, it shall be demolished.

4. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this Chapter or any ordinance of this City or Statute of the State of Missouri, it shall be repaired or demolished.

Section 505.050. Building Inspector.

The Building Inspector shall be the Building Inspector(s) within the meaning of this Chapter.

Section 505.060. Duties of Building Inspector — Procedure and Notice.

A. The Building Inspector(s) shall have the duty under this Chapter to:

1. Inspect or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that render such place to be a dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.

2. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Chapter, and the Building Inspector determines that there are reasonable grounds to believe that such building is dangerous.

3. Inspect any building, wall or structure reported by the Fire or Police Departments of this City as probably existing in violation of this Chapter.

4. Notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of Platte County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 505.020. Such notice shall be in writing and shall be given either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) consecutive weeks.

4. The notice required shall state that:

a. The owner must vacate, vacate and repair, or vacate and demolish said building and clean up the lot or property on which the building is located in accordance with the terms of the notice and this Chapter.

b. The occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession.

c. The mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Platte County may, at his/her own risk, repair, vacate or demolish the building and clean up the property or have such work done;

provided, that any person notified under this Subsection to repair, vacate or demolish any building or clean up the property shall be given such reasonable time not exceeding thirty (30) days to commence the required work.

5. The notice provided for in this Section shall state a description of the building or structure deemed dangerous, a statement of the particulars that make the building or structure a dangerous building, a statement indicating that as a dangerous building said building or structure constitutes a nuisance, and an order requiring the designated work to be commenced within the time provided for in the above Subsection.

6. Report in writing to the City Building Commissioner the non-compliance with any notice to vacate, repair, demolish, clean up the property or upon the failure to proceed continuously with the work without unnecessary delay.

7. Appear at all hearings conducted by the Building Commissioner and testify as to the condition of dangerous buildings.

8. Immediately report to the Building Commissioner concerning any building found by him/her to be inherently dangerous and that he/she determined to be a nuisance per se. The Building Commissioner may direct that such building be marked or posted with a written notice reading substantially as follows:

"This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building and/or property until it is repaired, vacated or demolished and the property is cleaned up in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of this building and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Platte County. It is unlawful to remove this notice until such notice is complied with."

Provided however, that the order by the Building Commissioner and the posting of said notice shall not be construed to deprive all persons entitled thereto by this Chapter to the notice and hearing prescribed herein.

Section 505.070. Building Commissioner. [CC 1974 §5-7.1]

The Mayor shall act as Building Commissioner under this Chapter.

Section 505.080. Duties of The Building Commissioner.

A. The Building Commissioner shall have the powers and duties pursuant to this Chapter to:

1. Supervise all inspections required by this Chapter and cause the Building Inspector to make inspections and perform all the duties required of him/her by this Chapter. Upon receiving a complaint or report from any source that a dangerous building exists in the City, the Building Commissioner shall cause an inspection to be made forthwith. If the Building Commissioner deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Commissioner may request an inspection and report be made by any other City department or retain services of an expert whenever the Building Commissioner deems such service necessary.

2. Upon receipt of a report from the Building Inspector indicating failure by the owner, lessee, occupant, mortgagee, agent or other persons(s) having an interest in said building to commence work of reconditioning or demolition within the time specified by this Chapter or upon failure to proceed continuously with work without unnecessary delay, hold a hearing giving the affected parties full and adequate hearing on the matter.

3. Give written notice of said hearing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of those modes of service, then by publication in a newspaper qualified to publish legal notices, at least ten (10) days in advance of the hearing date, to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Platte County who may appear before the Building Commissioner on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice as provided herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.

4. Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 505.020 of this Chapter.

5. If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and a nuisance and detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other persons(s) having an interest in said building as shown by the land records of the Recorder of Deeds of Platte County to repair, vacate or demolish any building found to be a dangerous building and to clean up the property, provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building, if such repair will comply with the ordinances of this City, or may vacate and demolish said dangerous building at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building stands. If the evidence does not support a finding that a building or structure is a dangerous building or a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued.

6. If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 505.090, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.

Section 505.090. Insurance Proceeds — How Handled.

A. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:

1. The insurer shall withhold from the covered claim payment up to twenty-five percent (25%) of the covered claim payment and shall pay such monies to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.

2. The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (6) of Section 505.080. If the City has proceeded under the provisions of Subsection (6) of Section 505.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.080 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

B. If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

C. This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.

D. This Section does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

E. The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.

Section 505.100. Appeal.

Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of Platte County may appeal such decision to the Circuit Court of Platte County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.

Section 505.110. Emergencies.

In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections 505.080 and 505.090.

Section 505.120. Violations — Disregarding Notices or Orders.

The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined in accordance with Section 100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.

Chapter 520

MINIMUM STANDARDS FOR THE MAINTENANCE OF NON-OWNER OCCUPIED DWELLINGS

Section 520.010. Purpose. [Ord. No. 402 §1, 12-8-2010]

A. The purpose of this Chapter is to protect the public health, safety and general welfare of the people in the City in non-owner occupied dwellings, including:

1. To protect the character and stability of residential areas;

2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings;

3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to health and safety;

4. To provide minimum standards for light and ventilation, necessary to health and safety;

5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent slums and blight;

6. To preserve the value of land and buildings throughout the City.

With respect to the rental disputes, except as otherwise specifically provided by this Chapter, it is not the intention of the City of Lake Waukomis to intrude upon contractual relationships between tenant and landlord. The City of Lake Waukomis does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord, which is not specifically and clearly relevant to the provisions of this Chapter. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without intervention of City Government.

Section 520.020. Permit Required. [Ord. No. 402 §2, 12-8-2010]

It shall be unlawful for any person, firm or corporation to conduct or operate or cause to be rented either as owner, lessee, lessor, agent or manager within the City any dwelling used for human habitation without having first obtained a permit to do so as provided in this Chapter.

Section 520.030. Application. [Ord. No. 402 §3, 12-8-2010]

Effective January 1, 2011, the owner of each rental dwelling existing on the effective date shall make written application to the Building Inspector for a permit for such use on a form to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this Chapter, and the Housing Code in its entirety. In addition, the legal owner of record of each rental dwelling, as hereinbefore stated, constructed or put into rental service after the effective date of this Chapter shall make written application to the Building Inspector for a permit as herein provided and receive a satisfactory rating for the property prior to any initial occupancy.

Section 520.040. Issuance of Permit. [Ord. No. 402 §4, 12-8-2010]

A. Upon completion of the inspection of the building or buildings, if the Inspector finds the requirements of the City Codes and Zoning Ordinance have been met, a permit certifying such facts shall be issued. If the Inspector finds that the requirements of the City Code and/or Zoning Ordinance have not been met, a written denial specifying the defects shall be transmitted to the applicant.

B. All City real estate taxes must be current to obtain a permit.

C. When a permit has been denied, expired, suspended, or revoked, no further rental and occupancy of a dwelling then vacant or which may become vacant shall be permitted until a permit has been issued.

Section 520.050. Renewal of Permit and Notification of Inspections. [Ord. No. 402 §5, 12-8-2010]

After the initial inspection, a permit shall be renewed every year on January first (1st) commencing with January 1, 2011 or any change of ownership. So that the privacy of occupants is honored, notification of inspection of occupied dwellings shall be given at least seven (7) days prior to the date on which inspection is to be performed. This notification shall be deemed served by either hand delivery or posted upon the property to be inspected.

Section 520.060. Suspension or Revocation. [Ord. No. 402 §6, 12-8-2010]

A permit may be suspended upon a finding by the Inspector that one (1) or more of the requirements of the housing code have been violated. The Inspector shall give written notice to the permit holder of the violations of the housing code. Upon failure of the permit holder to correct the violations as stated in the notices of violation, the permit may be revoked in the manner provided by ordinance for the revocation of permits. The suspended permit may be reinstated upon meeting the requirements of the code.

Section 520.070. Availability. [Ord. No. 402 §7, 12-8-2010]

Permits issued under this Section shall be produced on the request of a tenant or prospective tenant, and shall be available at reasonable times for inspection by an authorized Building Inspector.

Section 520.080. Schedule of Fees. [Ord. No. 402 §8, 12-8-2010]

At the time of application for the permit or for permit renewal as required by this Section, the City Clerk shall collect the appropriate permit fee and inspection fee in accordance with the following schedule:

$50.00 (Per dwelling — for initial permit)

$50.00 (Per permit renewal — due annually)

$50.00 Inspection fee as needed (all dwellings will be inspected prior to new renters occupying the dwelling)

All current rental units on file with the City of Lake Waukomis as of January 1, 2011 will have the initial inspection waived. Any residences registered after January 1, 2011 will require the fifty dollar ($50.00) annual permit and fifty dollar ($50.00) inspection fee.

The above permit fee shall be tendered with application for first (1st) issuance of permit and thereafter on an annual basis or a change of ownership. If a permit is denied or suspended, the permit and inspection fee is non-refundable. A fifty dollar ($50.00) re-inspection fee will be required when dwelling becomes vacant and prior to occupancy of new tenant. The Building Inspector shall review the fee schedule annually and recommend changes as deemed appropriate to the Board of Aldermen.

Section 520.090. Review of Ordinance. [Ord. No. 402 §9, 12-8-2010]

The Building Inspector shall report to the Board of Aldermen on the results of this program annually.

Section 520.100. Penalty. [Ord. No. 402 §10, 12-8-2010]

Any person convicted of violating any provisions of this Chapter shall be fined not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00), confinement in jail for not more than ninety (90) days, or both such fine and confinement.

Section 520.110. Application. [Ord. No. 402 §11, 12-8-2010]

Every building and its premises used in a rented home or rented residence for a single person or family shall conform to the requirements of this Chapter, irrespective of when such building may have been constructed, altered, or repaired.

Section 520.120. Definitions. [Ord. No. 402 §12, 12-8-2010]

As used in this Chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

APPROVED — Complying with all applicable City ordinances and City Code.

BUILDING — A roofed and walled structure built for use as a dwelling.

BUILDING INSPECTOR — Where mentioned, shall include the Building Inspector or any person authorized by him.

CITY — The City of Lake Waukomis, Missouri.

DEFECT — An imperfection that causes inadequacy or failure; a shortcoming.

DWELLING — A single residential dwelling which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one (1) person or one (1) family unit. Single residential definition applies to the structure. Dwelling will not have separate entrances for separate occupants, nor shall the structure be divided into separate interior units by solid walls. Only one (1) meter per utility will be allowed.

FLUSH WATER CLOSET — A toilet bowl flushed with water with a water-sealed trap.

GARBAGE — Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

HABITABLE BUILDING — Any building that meets minimum standards for use as a home or place of abode by one (1) or more persons.

HEATED WATER — Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit (120°F) measured at faucet outlet.

INSPECTOR — The inspector(s) of the City includes Building Inspector, Fire, Police or any other person as authorized by the Building Inspector.

KITCHEN — A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils.

OCCUPANT — Any person including owner or operator living, sleeping, cooking and eating in a dwelling.

OPERATOR — The owner or his agent who has charge, care, control, or management of a dwelling.

OWNER — Any person, partnership, firm, or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this Chapter to the same extent as the owner.

PERSON — An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind.

PLUMBING — All of the following supplied facilities and equipment in a dwelling: gas pipes, gas- burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closet, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer, and gas lines.

PREMISES — A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or non-dwelling structure, including such building, accessory structure or other structure thereon.

RUBBISH — Non-putrescible solid waste consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery, and similar materials.

SAFETY — The condition of being reasonably free from danger and hazards which may cause accidents or disease.

SUBSTANDARD DWELLING — Any dwelling which does not conform to the minimum standards established by the City Code.

SUPPLIED — Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. — Meaning of certain words — whenever the words "dwelling", or "premises", or "structure" are used in this Section, they shall be construed as though they were followed by the words "or any part thereof.

Section 520.130. Permit Required, Fee. [Ord. No. 402 §13, 12-8-2010]

A. The following requirements shall apply to permits:

1. No person shall rent any dwelling to any person for dwelling purposes without obtaining a permit and paying the fee required by this Section. A permit must be renewed every year.

2. Applications shall be made to the Building Inspector. Each applicant shall provide the name and address of the applicant. If the applicant is a corporation, the application shall name the principal officers. The applicant shall provide the address and apartment number, if any.

3. The fee for such permit is shown in Section 520.080. The Inspector shall inspect each dwelling before a permit is issued.

4. If the required permit fee has been paid, and the dwelling to be covered by the permit has been inspected and it does not appear that any violation of this Chapter or of any other applicable State Law or City ordinance exists, the Inspector shall issue the permit.

Section 520.140. General Requirements. [Ord. No. 402 §14, 12-8-2010]

A. No owner or other person shall occupy or let another person inhabit any dwelling unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State and the City, including the following requirements:

1. Maintenance of shared or public areas. Every owner and the occupant(s) of a dwelling shall maintain in a clean and sanitary condition the dwelling and premises thereof.

2. Pest extermination. Every owner of a dwelling or dwellings shall be responsible for the extermination of vermin and rodents on the premises. No occupant of a dwelling shall accumulate fire wood, rubbish, boxes, lumber, scrap metal, or any other materials in such manner that may provide a rodent harborage in or about any dwelling. Stored materials shall be stacked neatly and safely.

3. Sanitary fixtures and appliances. Every occupant of a dwelling shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

4. Minimum standards for basic equipment and facilities. No person shall occupy as owner, occupant or let to another for occupancy any dwelling for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:

a. Every dwelling shall have a space in which food may be prepared and cooked, which shall have adequate circulation area and which shall be equipped with the following:

b. A kitchen sink in good working condition, connected to an approved water supply including hot and cold water and also connected to an approved sewer system.

c. Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils.

d. Adequate space and hookups shall be provided for a stove, or similar device for cooking food and a refrigerator, or similar device.

5. Facilities to function. Every supplied facility and every piece of equipment or utility and every chimney and flue shall be installed and shall be maintained so that it works effectively and safely.

Section 520.150. Enforcement and Inspection Authority. [Ord. No. 402 §15, 12-8-2010]

A. The Inspector, as defined, shall enforce the provisions of this Chapter and is thereby authorized to make inspections on a scheduled basis or when reason exists to believe that violation of this Chapter has been or is being committed.

B. Inspection Access. If any owner, occupant or other person in charge of a dwelling falls or refuses to permit free access and entry to the structure or premises under his control for any inspection pursuant to this Chapter, the Inspector may seek a search warrant or other appropriate court order authorizing such inspections.

Section 520.160. Notice of Violation. [Ord. No. 402 §16, 12-8-2010]

A. Whenever the Inspector determines that any dwelling, or the premises surrounding any dwelling, fails to meet the requirements set forth in this Chapter, he shall issue a notice setting forth the alleged failure and advising the owner, operator, or agent that such failure must be corrected. This notice shall:

1. Be in writing;

2. Set forth the alleged violations of this Chapter;

3. Describe the dwelling, or other premises where the violations are alleged to exist or to have been committed;

4. Provide a reasonable time, not to exceed sixty (60) days, for the correction of any alleged violations;

5. Be served on the owner, occupant, operator and/or agent of the dwelling, personally, or by certified mail, addressed to the last known place of residence of the owner, operator, or agent. If, upon a diligent effort to locate the owner, occupant, operator or agent, none can be found, notice may be posted on or near the dwelling or premises described in the notice.

B. Repairs And Corrective Action. Whenever an owner, operator, agent of a dwelling neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, the City may undertake such repairs or action, when in its judgment the failure to do so will substantially endanger the public health, safety, or welfare. The cost of such repairs and actions shall be charged to the person or persons required to make such repairs.

Section 520.170. Secure Unfit and Vacated Dwellings. [Ord. No. 402 §17, 12-8-2010]

The owner, operator, or agent of a dwelling, which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) days or more, shall make it safe and secure so that it is not hazardous to the health, safety, or welfare of the public and does not constitute a public nuisance. Any vacant dwelling with open and unguarded doors or windows shall be deemed to be a hazard to the health, safety or welfare of the public and a public nuisance within the meaning of this Section.

Section 520.180. Nuisance, Injunction. [Ord. No. 402 §18, 12-8-2010]

Any violation of this Chapter is hereby declared to be a nuisance. In addition to any other relief provided by this Chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Chapter. Such application for relieve may include seeking a temporary restraining order, temporary injunction or permanent injunction.

Title VI:

Business and Occupation

Chapter 605

PEDDLERS, SOLICITORS AND CANVASSERS

Article I

In General

Section 605.010. Definitions. [1] [CC 1974 §16-1; Ord. No. 12 §2-202, 2-8-1958; Ord. No. 13 §2-302, 2-8-1958]

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

CANVASSER OR SOLICITOR — Any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she is collecting advance payments on such sales or not.

PEDDLER — Any person, whether a resident of the City or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden, truck or farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster".

Section 605.020. Records of Violations. [CC 1974 §16-2; Ord. No. 12 §2-211, 2-8-1958; Ord. No. 13 §2-309, 2-8-1958]

The City Marshal shall report to the City Clerk all convictions for violation of this Chapter and the City Clerk shall maintain a record for each license issued under this Chapter and record the reports of violation therein.

Article II

Peddlers [2]

DIVISION 1

Generally

Section 605.030. Shouting, Making Loud Noises or Using Speaking Devices in Streets, Etc. [CC 1974 §16-3; Ord. No. 12 §2-208, 2-8-1958]

No peddler, nor any person acting in his/her behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loudspeaker, radio or sound amplifying system, upon any of the streets, parks, other public places or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.

Section 605.040. Duty of City Marshal To Inspect Peddlers' Permits and Enforce Article. [CC 1974 §16-4; Ord. No. 12 §2-210, 2-8-1958]

It shall be the duty of the City Marshal to require any person seen peddling, who is not known by such officer to hold a permit under this Article, to produce his/her peddler's permit and to enforce the provisions of this Article against any person found to be violating the provisions of this Article.

DIVISION 2

Permits

Section 605.050. Required. [CC 1974 §16-5; Ord. No. 12 §2-201, 2-8-1958; Ord. No. 430 §1, 6-13-2012]

A. Exception. Religious organizations are exempt from the permit requirement. As a courtesy, religious groups can be asked to check with the City Clerk to let her/him know that they will be in the City limits of the City of Lake Waukomis canvassing residents, but they are under no legal obligation to do so or to notify anyone of their activities in the City of Lake Waukomis.

B. It shall be unlawful for any person to engage in the business of peddler within the City without first obtaining a permit therefor as provided in this Division.

Section 605.060. Application — Investigation Fee. [CC 1974 §16-6; Ord. No. 12 §2-203, 2-8-1958]

A. Applicants for a permit under this Division shall file with the City Clerk a sworn application, in writing, in duplicate, on a form to be furnished by the City Clerk, which application shall give the following information:

1. The name and a description of the applicant.

2. The address of the applicant, both legal and local.

3. A brief description of the nature of the business, the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant.

4. If employed, the name and address of the employer, together with credentials establishing the exact relationship.

5. The length of time for which the right to do business is desired.

6. If a vehicle is to be used, a description of such vehicle, together with its license number or other means of identification.

7. A photograph of the applicant taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches and showing the head and shoulders of the applicant in a clear and distinguishing manner.

8. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of this Code or any other municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

9. The applicant shall file with his/her application a statement by a reputable physician of the County, dated not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of any infectious, contagious or communicable disease.

10. At the time of filing the application, a fee, in such amount as shall be determined by resolution of the Board of Aldermen, shall be paid to the City Clerk to cover the cost of investigation.

Section 605.070. Investigation — Issuance or Denial — Contents of License — Records. [CC 1974 §16-7; Ord. No. 12 §2-204, 2-8-1958]

A. Upon receipt of the application for a permit under this Division, the original shall be referred to the City Marshal who shall cause such investigation of the applicant's business and moral character to be made as he/she deems necessary for the protection of the public good.

B. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the City Marshal shall endorse on such application his/her disapproval and his/her reasons for such disapproval and return such application to the City Clerk who shall notify the applicant that his/her application is disapproved and that no permit will be issued. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the City Marshal shall endorse on such application his/her approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit along with such application to the City Clerk who shall, upon payment of the prescribed fee, deliver to the applicant his/her permit.

C. Such permit shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit issued and the kinds of goods to be sold thereunder, the amount of the fee paid, the date of issuance, the length of time such permit shall be operative, as well as the permit number and other identifying description of any vehicle used in peddling.

D. The City Clerk shall keep a permanent record of all permits issued.

Section 605.080. Fees. [CC 1974 §16-8]

The amount of fees for permits issued under this Division shall be established by resolution of the Board of Aldermen.

Section 605.090. Use of Permit By Other Than Permittee. [CC 1974 §16-10; Ord. No. 12 §2-207, 2-8-1958]

No permit issued under the provisions of this Article shall be used or worn at any time by any person other than the one to whom it was issued.

Section 605.100. Exhibition of Permit Upon Request. [CC 1974 §16-11; Ord. No. 12 §2-209, 2-8-1958]

Peddlers shall exhibit their permits at the request of any citizen.

Section 605.110. Revocation. [CC 1974 §16-12; Ord. No. 12 §2-212, 2-8-1958]

A. Permits issued under the provisions of this Article may be revoked by the Board of Aldermen, after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation or false statement contained in the application for such permit.

2. Fraud, misrepresentation or false statement made in the course of carrying on business as peddler.

3. Any violation of this Article.

4. Conviction of any crime or misdemeanor involving moral turpitude.

5. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of the hearing for revocation of a permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for such hearing.

Section 605.120. Expiration. [CC 1974 §16-13; Ord. No. 12 §2-213, 2-8-1958]

All annual permits issued under the provisions of this Division shall expire on December thirty-first (31st) in the year when issued. Other than annual permits shall expire on the date specified in the permit.

Article III

Solicitors and Canvassers

DIVISION 1

Generally

Section 605.130. Duty of City Marshal To Inspect Solicitors, Etc., Permits and Enforce Article. [CC 1974 §16-14; Ord. No. 13 §2-308, 2-8-1958]

It shall be the duty of the Marshal of the City to require any person seen soliciting or canvassing and who is not known by such officer to hold a permit under this Article to produce his/her solicitor's or canvasser's permit and to enforce the provisions of this Article against any person found to be violating this Article.

DIVISION 2

Permits

Section 605.140. Required. [CC 1974 §16-15; Ord. No. 13 §2-301, 2-8-1958]

It shall be unlawful for any solicitor or canvasser to engage in such business within the City without first obtaining a permit therefor in compliance with the provisions of this Division.

Section 605.150. Application — Investigation Fee. [CC 1974 §16-16; Ord. No. 13 §2-303, 2-8-1958]

A. Applicants for a permit under this Division shall file with the City Clerk a sworn application, in writing, in duplicate, on a form to be furnished by the City Clerk, which application shall give the following information:

1. The name and a description of the applicant.

2. The permanent home address and the full local address of the applicant.

3. A brief description of the nature of the business and the goods to be sold.

4. If employed, the name and address of the employer, together with credentials establishing the exact relationship.

5. The length of time for which the right to do business is desired.

6. The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed and the proposed method of delivery.

7. A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

8. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of this Code or any other municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

9. A statement by a reputable physician of the County, dated not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of any contagious, infectious or communicable disease.

10. At the time of filing the application, a fee in an amount to be established by resolution of the Board of Aldermen shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein.

Section 605.160. Investigation — Issuance or Denial — Contents — Records. [CC 1974 §16-17; Ord. No. 13 §2-304, 2-8-1958]

A. Upon receipt of the application for a permit under this Division, the original shall be referred to the City Marshal who shall cause such investigation of the applicant's business and moral character to be made as he/she deems necessary for the protection of the public good.

B. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the City Marshal shall endorse on such application his/her disapproval and his/her reasons for such disapproval and return such application to the City Clerk who shall notify the applicant that his/her application is disapproved and that no permit will be issued. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the City Marshal shall endorse on such application his/her approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit along with such application to the City Clerk who shall, upon payment of the prescribed permit fee, deliver to the applicant his/her permit.

C. Such permit shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, the amount of the fee paid, the date of issuance, the length of time such permit shall be operative, as well as the permit number and other identifying description of any vehicle used in such soliciting or canvassing.

C. The City Clerk shall keep a permanent record of all permits issued.

Section 605.170. Fees. [CC 1974 §16-18]

The amount of fees for permits issued under this Division shall be established by resolution of the Board of Aldermen.

Section 605.180. Badges. [CC 1974 §16-19; Ord. No. 13 §2-306, 2-8-1958]

The City Clerk shall issue to each permittee, at the time of delivery of his/her permit, a badge which shall contain the words "licensed solicitor", the period for which the permit is issued and the number of the permit in letters and figures easily discernible from a distance of ten (10) feet. Such badge shall, during the time such permittee is engaged in soliciting, be worn constantly by the permittee on the front of his/her outer garment in such a way as to be conspicuous.

Section 605.190. Exhibition of Permits Upon Request. [CC 1974 §16-20; Ord. No. 13 §2-307, 2-8-1958]

Solicitors and canvassers shall exhibit their permits at the request of any citizen.

Section 605.200. Revocation. [CC 1974 §16-21; Ord. No. 13 §2-310, 2-8-1958]

A. Permits issued under the provisions of this Division may be revoked by the Board of Aldermen, after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation or false statement contained in the application for a permit.

2. Fraud, misrepresentation or false statement made in the course of carrying on business as solicitor or as canvasser.

3. Any violation of this Article.

4. Conviction of any crime or misdemeanor involving moral turpitude.

5. Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of the hearing for revocation of a permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for such hearing.

Section 605.210. Expiration. [CC 1974 §16-22; Ord. No. 13 §2-311, 2-8-1958]

All annual permits issued under the provisions of this Division shall expire on December thirty-first (31st) in the year when issued. Other than annual permits shall expire on the date specified in the permit.



[1]. State Law Reference — For state law definition of peddler, RSMo. §150.470.

[2]. State Law References — For state law as to authority of city to license, tax and regulate peddlers, §94.270, RSMo.; as to peddlers generally, §§150.470 to 150.540, RSMo.

Chapter 610

ADVERTISING

ARTICLE I

In General

Section 610.010. Posting Advertising Devices On Private or Public Property. [CC 1974 §3-1; Ord. No. 16 §3-303, 3-1-1958]

No person in the City shall fasten in any way any show card, poster or other advertising device upon public or private property in the City unless such person is legally authorized to do so.

ARTICLE II

Handbills and Billposting

Section 610.020. Definitions. [CC 1974 §3-2; Ord. No. 23 §4-302, 3-1-1958]

The following words, terms and phrases, when used in this Article shall have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning:

COMMERCIAL HANDBILL — Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, any other printed or otherwise reproduced original or copies of any matter or literature, which does any or all of the following:

1. Advertises for sale any merchandise, product, commodity or thing.

2. Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of, either directly or indirectly, promoting the interests thereof by sales.

3. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit, but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of such events are held, given or take place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this State, this Code or any other ordinance of this City.

4. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

5. Is not covered by the definition of sign in this Section.

HANDBILL DISTRIBUTOR — Any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof and any person receiving compensation, directly or indirectly for the distribution of such handbills.

NEWSPAPER — Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with Federal Statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law. In addition thereto this definition shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

NON-COMMERCIAL HANDBILL — Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, any other printed or otherwise reproduced original or copies of any matter or literature not included in the definitions of a sign, a commercial handbill or a newspaper.

PRIVATE PREMISES — Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE — Any and all streets, other public ways, parks, squares, spaces, plazas, grounds and buildings.

SIGN — Any written, painted or printed matter of any kind or other form or reproduction thereof containing a message or information of any kind whatsoever.

Section 610.030. Purposes of Article. [CC 1974 §3-3; Ord. No. 23 §4-301, 3-1-1958]

A. The purposes of this Article are specifically declared to be as follows:

1. To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as solicitors, canvassers or handbill distributors, by requiring the registration of all such solicitors, canvassers or handbill distributors, together with the names of their employers and by regulating the business of handbill and advertising distribution through the imposition of reasonable license fees.

2. To protect local residents against trespassing by solicitors, canvassers or handbill distributors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter.

3. To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills.

4. To preserve the constitutional right of the people to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver non-commercial handbills to all who are willing to receive such non-commercial handbill.

Section 610.040. Compliance With Article. [CC 1974 §3-4; Ord. No. 23 §4-310, 3-1-1958]

It shall be unlawful for any person to engage in the business of a billposter for hire or as a handbill distributor for hire or for any person to distribute commercial or non-commercial handbills without first complying with the terms of this Article and all other relevant laws and regulations.

Section 610.050. License — Required — Application. [CC 1974 §3-5; Ord. No. 23 §4-310, 3-1-1958]

Any person desiring to engage, as principal in the business of distributing commercial or non-commercial handbills for hire shall make application to and receive from the City Clerk or other officer empowered to issue the same a license in the manner and for the period prescribed by the terms of this Article and by all relevant provisions of this Code. Such applicant shall make a written application to the City Clerk upon a form provided for such purpose by the City Clerk. Such form shall contain among other things that may be required the name the business address a brief description of the nature of the business to be conducted by the applicant and the probable number of agents and employees to be so engaged, together with a request for a license for the period for which the applicant seeks to engage in such business.

Section 610.060. Fees — Exemptions As To Agents or Employees. [CC 1974 §3-6; Ord. No. 23 §4-310, 3-1-1958]

A. License fees under the terms of this Article and for any such purposes shall be established by resolution of the Board of Aldermen.

B. Persons acting for licensees, as agents or employees in the posting or distributing of any such signs or handbills shall not be required to obtain a license or pay a fee, but each such person shall comply with each and all of the other provisions of this Article and be subject thereto.

Section 610.070. Revocation — Non-Transferable — Refund of Fees. [CC 1974 §3-7; Ord. No. 23 §4-310, 3-1-1958]

A. Without excluding other just grounds for revocation, the Board of Aldermen may revoke any license issued under this Article obtained under an application containing a false or fraudulent statement knowingly made by the applicant with the intent to obtain a license by means of false or fraudulent representations, for violation of this Article or any other grounds specified by law. Such application shall be accompanied by the fee hereinafter provided for in this Article.

B. No license issued under this Article shall be transferable. If any such license shall be surrendered by the licensee therein named or shall be revoked for cause neither the licensee named in such license, nor any other person shall be entitled to any refund of any part of such fee.

Section 610.080. Posting Notices, Bills, Advertisements, Etc., Prohibited in Certain Places. [CC 1974 §3-8; Ord. No. 23 §4-303, 3-1-1958]

No person shall post, stick, stamp, paint or otherwise fix or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public to or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way, public place or any lamppost, electric light, telegraph, telephone or trolley line pole, railway structure, hydrant, shadetree, tree box or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge, viaduct, other public structure, building or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, this State, this Code or other ordinances of the City.

Section 610.090. Depositing Handbills in Public Places. [CC 1974 §3-9; Ord. No. 23 §4-304, 3-1-1958]

It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within this City. It shall also be unlawful for any person to hand out, distribute or sell any commercial handbill in any public place; provided that it shall not be unlawful for any person to hand out or distribute without charge to the receiver thereof any non-commercial handbill in any public place to any person willing to accept such non-commercial handbill.

Section 610.100. Distributing or Depositing Commercial or Non-Commercial Handbills in or Upon Vehicles. [CC 1974 §3-10; Ord. No. 23 §4-305, 3-1-1958]

A. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any automobile or other vehicle.

B. The provisions of this Section shall not be deemed to prohibit the handing, transmitting or distributing of any non-commercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept such non-commercial handbill.

Section 610.110. Distributing or Depositing Commercial or Non-Commercial Handbills On Vacant Private Premises. [CC 1974 §3-11; Ord. No. 23 §4-306, 3-1-1958]

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

Section 610.120. Distributing or Depositing Commercial or Non-Commercial Handbills On Premises When Requested Not To or When Properly Posted. [CC 1974 §3-12; Ord. No. 23 §4-307, 3-1-1958]

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill upon any premises if requested by anyone thereon not to do so or if there is placed on such premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement" or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested, to have their right of privacy disturbed or to have any such handbills left upon such premises.

Section 610.130. Distributing or Depositing Commercial or Non-Commercial Handbills On Inhabited Private Premises. [CC 1974 §3-13; Ord. No. 23 §4-308, 3-1-1958]

No person licensed under the provisions of this Chapter or any other person shall distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or any other person then present in or upon such private premises; provided, that in case of inhabited private premises which are not posted as provided in this Chapter, such licensed or other person, unless requested by anyone upon such premises not to do so may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere; except, that mailboxes may not be so used when so prohibited by federal postal laws or regulations.

Section 610.140. Commercial and Non-Commercial Handbills To Contain Names and Addresses of Printer, Distributor, Etc. [CC 1974 §3-14; Ord. No. 23 §4-309, 3-1-1958]

A. It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or non-commercial handbill, in any place under any circumstances, which does not have printed on the cover, front or back thereof the name and address of the following:

1. The person who printed, wrote, compiled or manufactured such commercial or non-commercial handbill.

2. The person who caused such commercial or non-commercial handbill to be distributed; provided that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring such commercial or non-commercial handbill shall also appear thereon.

Section 610.150. Owner, Etc., of Premises Not To Permit Posting of Prohibited Matter. [CC 1974 §3-15; Ord. No. 23 §4-312, 3-1-1958]

It shall be unlawful for the owner, lessee, occupant or agent of any premises to permit any person, whether licensed or acting under the terms of this Chapter or otherwise, to post, affix or otherwise attach to any building, structure or fixture located upon such premises, whether such fixture is natural or artificial, any poster or handbill containing any matter prohibited by the terms of this Chapter.

Section 610.160. Exemptions As To Distribution of Mail and Newspapers. [CC 1974 §3-16; Ord. No. 23 §4-311, 3-1-1958]

The provisions of this Chapter shall not be deemed to apply to the distribution of mail by the United States nor to newspapers.

Chapter 600

GROSS RECEIPTS TAX

Cross References — As to collection of monies for licenses by city collector, §115.110 of this Code; as to licenses for handbills and billposting, §§610.050 — 610.070; as to the licensing of dogs, §§205.110 — 205.140; as to finance and taxation generally, ch. 130; as to peddlers, solicitors and canvassers, ch. 605; as to the licensing of boats, §§235.120 — 235.180.

State Law Reference — For state law authorizing city to license, tax and regulate certain businesses and occupations, RSMo. §94.270.

ARTICLE I

Supplying Telephone Service [1]

Section 600.010. Payment of License Fee Required — Amount of License Fee. [CC 1974 §12-1; Ord. No. 58 §2, 9-17-1964; Ord. No. 199 §1, 7-14-1993]

Every person who shall carry on, conduct or engage in the business of supplying telephone service for compensation in the City shall pay to the City, as an annual license fee, a sum equal to five percent (5%) of the gross annual revenue received by such person from supplying telephone service to customers within the City.

Section 600.020. Semi-Annual Statement of Gross Receipts and Payment of License Fee. [CC 1974 §12-2; Ord. No. 58 §3, 9-17-1964]

Every person required to pay a license tax under this Article shall, on or before the first (1st) day of September and the first (1st) day of March of each calendar year, file with the City Clerk a sworn statement of gross receipts derived by such person from the furnishing of telephone service during the preceding six (6) month period, respectively, from January first (1st) to June thirtieth (30th) and from July first (1st) to December thirty-first (31st). At the time of filing any such statement, such person shall pay to the City Clerk five percent (5%) of the gross receipts of his/her telephone service company for each respective six (6) month period.

Section 600.030. License Fee in Lieu of Other Occupation Taxes — Construction of Article. [CC 1974 §12-3; Ord. No. 58 §6, 9-17-1964]

The license fee levied in this Article shall be in lieu of any other occupation tax required of any person engaged in any of the business described in Section 600.010. Nothing contained in this Article shall be construed to exempt any person from the payment to the City of any tax which the City may now or hereafter levy upon the real or personal property belonging to any such person, nor shall the payment of the tax levied in this Article exempt any person from any tax now or hereafter levied upon anything, other than telephone service, nor shall the payment of the tax levied in this Article exempt any person from the payment of any other tax which may lawfully be levied, other than the occupation tax on any of the business described in Section 600.010.

Section 600.040. Access To Licensee's Books and Records. [CC 1974 §12-4; Ord. No. 58 §4, 9-17-1964]

The City Collector or any other person authorized by the Board of Aldermen shall have free access at all reasonable times to the books and records of any persons carrying on, conducting or engaging in any business described in this Article for the purpose of verifying the correctness and accuracy of the statements required by Section 600.020.

Section 600.050. Making False Statements — Interfering With City Collector. [CC 1974 §12-5; Ord. No. 58 §5, 9-17-1964]

It shall be unlawful for any person to make any false or fraudulent statements under the provisions of this Article or to interfere with the City Collector or any other person authorized by the Board of Aldermen in the performance of any of the duties provided for in this Article.

ARTICLE II

Gross Receipts Tax [2]

Section 600.060. Payment of License Fee Required — Amount of License Fee. [CC 1974 §12-6; Ord. No. 3 §7-402, 2-8-1958; Ord. No. 199 §1, 7-14-1993]

A. Every person engaged in the business of supplying electricity, gas and cable services for compensation to residential, commercial and industrial users thereof within the City shall pay to the City, as a license fee, a sum equal to five percent (5%) of the gross receipts derived by such person from the sale of such electricity, gas and cable services within the City for domestic, commercial and industrial consumption and not for resale.

B. The term "gross receipts", as applied to sales of electrical energy, gas and cable services for domestic, commercial and industrial purposes, as used in this Section, shall not include:

1. Electrical energy, gas and cable services sold to the United States or to the State of Missouri or to any agency or political subdivision thereof, and

2. Electrical energy, gas and cable services sold for other uses which cannot be classified as domestic, commercial or industrial, such as the electrical energy used by public utilities, telephone, telegraph and radio communication companies, railroads, pipeline companies, educational institutions not operating for profit, churches and charitable institutions, as such sales and usages have been construed by the United States Department of Internal Revenue under the Revenue Act of 1932 and amendments thereto.

Section 600.070. Semi-Annual Statement of Gross Receipts and Payment of License Fee. [CC 1974 §12-7; Ord. No. 3 §7-403, 2-8-1958]

Every person required to pay a license tax under this Article shall file with the City Clerk, on or before the last day of May and November of each year, a statement of the gross receipts of such person from the sale of electrical energy, gas and cable services for domestic, commercial and industrial purposes for the six (6) month period ending on the preceding April thirtieth (30th) and October thirty-first (31st), respectively, and at the time of filing such statement shall pay to the Treasurer a sum equal to five percent (5%) of the amount shown by such statements.

Section 600.080. License Tax in Lieu of Other Occupation Taxes. [CC 1974 §12-8; Ord. No. 3 §7-404, 2-8-1958]

The license tax required to be paid pursuant to this Article shall be in lieu of any other occupation license or merchandising tax but shall not be in lieu of any ad valorem tax.

Section 600.090. Access To Licensee's Books and Records. [CC 1974 §12-9; Ord. No. 3 §7-403, 2-8-1958]

Any duly designated representative of the City shall, at all reasonable times, have the right to investigate the correctness of statements filed pursuant to this Article and shall, at all reasonable times, have access to the books and records of any person subject to the provisions of this Article for such purposes.

Section 600.100. Penalty For Failure To File Statements or Pay Tax. [CC 1974 §12-10; Ord. No. 3 §7-406, 2-8-1958]

If any person subject to the provisions of this Article shall fail to file a statement as herein required, or if such person shall willfully fail or refuse to pay the license tax herein provided when due, such person shall, for such failure, for the first (1st) thirty (30) days or any part thereof, pay in addition to such tax a penalty of ten percent (10%) of the tax due and unpaid and for each succeeding thirty (30) days or any part thereof shall pay, as a penalty, three percent (3%) of such tax as long as the same shall remain unpaid.



[1]. State Law Reference — For state law authorizing city to license, tax and regulate telephone companies, RSMo. §94.270.

[2]. State Law Reference — For state law authorizing city to license, tax and regulate electric companies, RSMo. §94.270. Editor's Note — Ordinance no. 277 adopted on August 8, 2001, sets out a franchise with Missouri Gas Energy, a copy of which is on file in the office of the city clerk. Ordinance no. 312 adopted on September 8, 2004, sets out a franchise with Warner Cable, a copy of which is on file in the office of the city clerk.


Title VII:

Public Utilities

700 - Water

705 - Cross-Connection Control

Cross Reference

CR - Cross Reference

PCR - Previous City Code Cross Reference

SR - State Law Reference Table