City Ordinances of Marble Hill, Missouri

City of Marble Hill Ordinances- ALL

Title I. Government Code
   Ch. 100:  GENERAL PROVISIONS
   Ch. 105:  ELECTIONS
   Ch. 110:  BOARD OF ALDERMEN
   Ch. 112:  CONFLICTS OF INTEREST
   Ch. 115:  MAYOR
   Ch. 120:  CITY OFFICERS AND CITY EMPLOYEES
   Ch. 125:  IMPEACHMENT
   Ch. 130:  PERSONNEL
   Ch. 135:  CITY VEHICLES
   Ch. 140:  PROCUREMENT, CONFLICT OF INTEREST
   Ch. 145:  PARK BOARD
   Ch. 150:  FINANCES AND RECORDS
   Ch. 155:  ENFORCEMENT OF PAYMENT OF TAXES ON REAL ESTATE
   Ch. 160:  MUNICPAL COURT SECTION
   Ch. 165:  ADMINISTRATIVE ASSISTANT

Title II. Public Health, Safety and Welfare
   Ch. 200:  CHIEF OF POLICE AND CITY POLICEMEN
   Ch. 205:  FIRE DEPARTMENT AND FIRE PREVENTION CODE
   Ch. 210:  SOLID WASTE MANAGEMENT
   Ch. 215:  LITTER
   Ch. 220:  NUISANCES
   Ch. 230:  PUBLIC ACCOMMODATIONS
   Ch. 235:  FIREWORKS
   Ch. 240:  ANIMALS AND DOGS
   Ch. 250:  MISCELLANEOUS OFFENSES
   Ch. 255:  PARK REGULATIONS
   Ch. 260:  REGULATING LOADING AND UNLOADING GASOLINE AND OTHER PETROLEUM PRODUCTS
   Ch. 265:  CURFEW
   Ch. 270:  USE OF PUBLIC AND PRIVATE SEWERS
    ARTICLE I. GENERAL PROVISIONS
   Ch. 270:  ARTICLE II. PRIVATE SEWAGE DISPOSAL
   Ch. 270:  ARTICLE III. PUBLIC SEWER
   Ch. 270:  ARTICLE IV. USE OF PUBLIC SEWERS
   Ch. 275:  SIGN RESTRICTIONS
   Ch. 280:  FAIR HOUSING

Title III. Traffic Code
   Ch. 300:  GENERAL PROVISIONS
   Ch. 305:  TRAFFIC ADMINISTRATION
   Ch. 310:  ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
   Ch. 315:  TRAFFIC CONTROL DEVICES
   Ch. 320:  SPEED REGULATIONS
   Ch. 325:  TURNING MOVEMENTS
   Ch. 330:  ONE-WAY STREETS AND ALLEYS
   Ch. 335:  STOP AND YIELD INTERSECTIONS
   Ch. 340:  MISCELLANEOUS DRIVING RULES
   Ch. 345:  PEDESTRIANS RIGHTS AND DUTIES
   Ch. 350:  METHOD OF PARKING
   Ch. 355:  STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES
   Ch. 360:  STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS
   Ch. 365:  TRAFFIC VIOLATIONS BUREAU
   Ch. 370:  PROCEDURE ON ARREST
   Ch. 375:  MISCELLANEOUS TRAFFIC AND MOTHER VEHICLE RESTRICTIONS AND REGULATIONS
   Ch. 380:  SCHEDULES

Title V. Building Code
   Ch. 500:  RESERVED
   Ch. 505:  CONSTRUCTION AND EQUIPMENT OF BUILDINGS IN GENERAL
   Ch. 510:  STREETS
   Ch. 515:  FIRE LIMITS AND PLANS AND PERMITS
   Ch. 520:  CHIMNEY, FLUES AND HEATING APPLIANCES
   Ch. 525:  GAS APPLIANCES AND PIPING
   Ch. 530:  FLAMMABLE LIQUIDS
   Ch. 535:  LIQUEFIED PETROLEUM GASES
   Ch. 540:  EXPLOSIVES
   Ch. 545:  PERIODIC INSPECTIONS AND MISCELLANEOUS PROVISIONS FOR FIRE PREVENTION
   Ch. 550:  GARAGES
   Ch. 555:  APPEALS AND PENALTIES

Title VI. Business and Occupation
   Ch. 600:  ALCOHOLIC BEVERAGES
   Ch. 605:  LICENSES AND OCCUPATION TAXES
   Ch. 610:  PEDDLERS AND SOLICITORS
   Ch. 615:  JUNKYARDS
   Ch. 620:  PERMIT FOR CHARITABLE ROADBLOCKS
   Ch. 625:  CABLE TELEVISION
    ARTICLE I. TITLE AND PURPOSES OF THE CHAPTER
   Ch. 625:  ARTICLE II. DEFINITIONS
   Ch. 625:  ARTICLE III. GRANT OF AUTHORITY
   Ch. 625:  ARTICLE IV. FRANCHISE CONDITIONS
   Ch. 625:  ARTICLE V. GENERAL PROVISIONS

Title VII. Utilities
   Ch. 700:  WATER AND SEWER
   Ch. 703:  CROSS-CONNECTION CONTROL
   Ch. 705:  WASTEWATER TREATMENT WORKS
   Ch. 710:  FRANCHISE TAXES
   Ch. 715:  CITY SALES TAX ON RESIDENTIAL UTILITY SERVICES

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Title I. Government Code

State References: Missouri Revised Statutes - TITLE VII: CITIES, TOWNS AND VILLAGES

Chapter 100: GENERAL PROVISIONS

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Section 100.010: Adoption of City Code

A. The code of ordinances, consisting of Titles I through VII, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Marble Hill"; which shall supersede all other general and permanent ordinances of the City passed on or before October 1, 1989, to the extent provided in Subsection (C) hereof.

B. All provisions of such code shall be in full force and effect from and after February 5, 1990 as set forth herein.

C. All ordinances of a general and permanent nature of the City adopted on final passage on or before October 1, 1989, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after February 5, 1990, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:
a. Ordinances promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or authorizing any contract or obligation assumed by the City;
b. Ordinances levying taxes or making special assessments;
c. Ordinances appropriating funds or establishing salaries and compensation and providing for expenses;
d. Ordinances granting franchises or rights to any person, firm or corporation;
e. Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places;
f. Ordinances authorizing or relating to particular public improvements;
g. Ordinances respecting the conveyances or acceptance of real property or easements in real property;
h. Ordinances dedicating, accepting, or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same;
i. Ordinances annexing property to the City;
j. Zoning ordinances or ordinances of the City;
k. Any ordinance prescribing traffic regulations for specific locations, speed limits, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, stop signs, limitations on loads of vehicles or loading zones, not inconsistent with such Code;

The repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this Section.

D. Any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Marble Hill", shall be understood and intended to include such additions and amendments.

E. A copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by said officer, to insert in their designated places all amendments and all ordinances or resolutions which indicate the intention of the Board of Aldermen to make the same part of such Code when the same have in printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the Board of Aldermen. This copy of such Code shall be available for all persons desiring to examine the same.

F. It shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Marble Hill to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 100.050 of this Code.
(Ord. No. 90.01 §§1-4, 6-9, 2-5-90)

Section 100.020: Definitions

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.

BOARD OF ALDERMEN: The Board of Aldermen of Marble Hill, Missouri.

CITY: The words "the City" or "this City" or "City" shall mean the City of Marble Hill, Missouri.

COUNTY: The words "the County" or "this County" or "County" shall mean the County of Bollinger, Missouri.

DAY: A day of twenty-four (24) hours, beginning at 12 o'clock Midnight.

KEEPER; PROPRIETOR: Persons, firms, associations, corporations, clubs, and partnerships, whether acting by themselves or by a representative, servant or agent.

MAY: "May" is permissive.

MAYOR: The Mayor of Marble Hill, Missouri.

MONTH: A calendar month.

OATH: 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", 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: A corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Title prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.

PRECEDING, FOLLOWING: Next before and next after, respectively.

PROPERTY: Real and tangible and intangible personal property.

PUBLIC WAY: Any streets, 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.

SHALL: The word "shall" is mandatory.

SIDEWALK: The portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.

SIGNATURE: Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.

STATE: The words "the State" or "this State" or "State" shall mean the State of Missouri.

STREET: The word "street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.

TANGIBLE PERSONAL PROPERTY: Tangible personal property shall include goods, chattels and all personal property, except intangible personal property.

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.

WRITING: The words "writing and written" shall include printing, lithographing or any other mode of representing words and letters.

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 Title 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 such newspaper published within the City the said notice shall be published in a newspaper of general circulation within the City, and if there is no such newspaper published within the City regardless of its place of publication.
(Ord. No. 80-10 §1; CC §§11.010-11.020)

Section 100.030: Construction of Ordinances

A. Construction, Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to the technical import.

B. 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.

C. 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.

D. Repeal of Ordinances Not To Affect Liabilities. Whenever any ordinance or part of an ordinance shall be repealed or modified, either expressly or by implication, by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the subsequent ordinance repealing or modifying the prior ordinance shall go into effect unless therein otherwise expressly provided; but no writ, prosecution, proceeding, right, fine or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in anywise be affected, released or discharged but may be prosecuted, enjoyed and recovered as fully as if such ordinance or provisions had continued in force unless it shall be therein otherwise expressly provided.

E. Repeal Not to Revive Former Ordinance. When an ordinance repealing a former ordinance, clause or provisions shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided and such former ordinance, clause or provision is set forth at length.

F. Severability. It is hereby declared to be the intention of the Board of Aldermen that the Chapters, Sections, paragraphs, sentences, clause and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, Section, or Chapter of this Code shall be declared unconstitutional or otherwise invalid by the valid judgement or decree of any Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, Sections, and Chapters of this Code since the same would have been enacted by the Board of Aldermen without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence paragraph or Section.

G. 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.

H. Notice. Whenever notice may be required under the provisions of this Code or other City ordinance, the same shall be served in the following manner:

By delivering the notice to the owner personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion, or
By mailing said notice by certified or registered mail to such owner at his last known address, or
If the owner is unknown, or may not be notified under the requirements of Subsection H (1) or (2), then by posting said notice in some conspicuous place on the premises 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 official notice or placard posted by any City Officer, unless permission is given by said officer.

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

J. Computation of Time. In computing any period of time prescribed or allowed by this Code or by any 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 Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Sundays and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a legal holiday.

K. 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.

L. Joint Authority. Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.

M. 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 deemed to be included.
(Ord. No. 80-10 §1; CC §§ 12.010-12.130)

Section 100.040: Corporate Seal

The seal of the City shall, as herefore, be the words Marble Hill, Missouri, in Roman capitals, inside of and surrounded by a scroll or circular impression having inscribed therein the words, "Seal of the City Clerk." The seal shall be circular and about two inches (2") in diameter. The City Seal shall be safely kept in the office of the City Clerk.
(Ord. No. 80-10 §1;CC §20.010)

Section 100.050: General Penalty

A. General Penalty. 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 or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or any offense or a misdemeanor, 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 jail instead of the County Jail.

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.
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 likewise prohibited.

B. Penalty as to Amendments. In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Section (A) of this Section shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.
(Ord. No. 90-01 §§5-6; 2-5-90)

Section 100.060: Disposition and Use of Property Forfeited to the City

A. The City of Marble Hill is hereby authorized to obtain, take and receive all money and property authorized by any State or Federal Law to be forfeited to or for the benefit of the City of Marble Hill, Missouri.

B. The Mayor is hereby empowered to authorize the initiation of or participation in any legal proceedings by the City necessary or appropriate to effectuate the City's rights with respect to any forfeiture of any property.

C. The City Clerk is hereby authorized and empowered to receive any funds or property forfeited to or for the benefit of the City and to take, manage and dispose of such money or property as provided by law.

D. The City Clerk is hereby authorized and empowered to sell on behalf of the City any forfeited property which may be received by the City at public auction advertised at least one (1) time in a newspaper of general circulation in the City at least one (1) week prior to such auction. The City Clerk shall obtain from each person purchasing any item at such auction a receipt for each item purchased, containing a description of the item or items, the amount paid for each item and the name and address of the purchaser.

E. The City Clerk shall place all funds received by the City as forfeited property or from the sale of forfeited property in appropriate accounts of the City.

F. All forfeited funds or funds from forfeited property received by the City shall be paid into the general revenues of the City unless the applicable law relating to such forfeited funds or property requires the use thereof for a specified purpose. Any forfeited funds, property or proceeds thereof required by law to be used for a specified purpose are herein called Special Purpose Property or Funds. The City shall use Special Purpose Property or Funds only for the purposes specified in the law authorizing the City to receive such forfeited funds or property.

G. The City Clerk and all other appropriate officers of the City are authorized and empowered to sign any applications, documents or other papers and to do any and all things necessary or appropriate to obtain any forfeited funds or property on behalf of the City.
(Ord. No. 89-24 §§1-7)

Section 100.070: Imposition of City Sales Tax

A. That in accordance with Section 94.577 RSMo (1986), as amended, a sales tax of one half (1/2%) of one percent is hereby imposed on the residence on the sale of retail on all tangible property or tangible services which are retailed in the City of Marble Hill, provided that all such property and services are subject to taxation under the provisions of Section 144.010 through 144.510 of the Revised Statutes of the State of Missouri.

B. That in accordance with Section 144.030 RSMo (1986), as amended, that a municipal sales tax of one half (1/2%) of one percent of the gross receipts shall be imposed on all sales of meter water services, electricity, electrical current material, gas artificial or propane gas and coal, all home heating oil used for non-business, non-commercial or non-industrial Purposes.

C. That the City Clerk of the City of Marble Hill be and is hereby authorized and directed to notify the Director of Revenue for the State of Missouri within ten (10) days of the passage of this ordinance by registered mail or certified mail forwarding a copy of this ordinance and a copy of the map of the City of Marble Hill clearly showing the boundaries of the City of Marble Hill, Missouri.

D. That the City Clerk be and is hereby authorized and directed to notify all utilities providing services described in Subsection (B) of this Section of the imposition of this sales tax and shall forward to the City utilities certified copies of this ordinance.

E. The sales tax as imposed by this Section shall expire and shall no longer be of any force and effect and shall be null and void seventeen (17) years from the date of the actual imposition date and the effective date for the beginning of the collection of the sales tax as imposed by this ordinance or until said bonds are repaid, but in any effect not to exceed twenty (20) years.

F. The sales tax permitted for under this Section shall be in addition to any other sales tax presently being assessed on behalf of the City of Marble Hill, Missouri.
(Ord. No. 89-8 §§1-8)

Section 100.075: Sales Tax for Improvement of Waterworks and Sewerage System and Construction of City Streets

There is hereby imposed a sales tax in the amount of one-half of one percent (.5%) on all retail sales made in the City which are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended, for the purpose of financing (1) the acquisition, construction, extension and improvement of the City's combined waterworks and sewerage system and (2) the construction, extension and improvement of City streets.
(Ord. No. 99-03 §1; 1-19-99)

Section 100.080: Liability Insurance Required for All Contractors

A. Prior to the entry of any contract for the performance of any labors, on behalf of the City of Marble Hill any general contractor or subcontractor shall furnish the City Clerk of the City of Marble Hill with a Certificate of Liability, showing that said person shall maintain a minimum of one hundred thousand dollars ($100,000.00) of liability insurance coverage, or any such other limit as may be authorized and directed by the Board of Aldermen of the City of Marble Hill, Missouri, which shall ensure that the City or any other individual or organization that may sustain damage as a result of negligence on the part of the contractor party, shall have the means of recovering from said contracting party.

B. This Section shall be applicable to all persons, organizations or any other entities who may be performing labors, or other activities for private individuals but which said activities shall require the utilization or performance of any of said activities or labors on any property owned or maintained by the City of Marble Hill, Missouri.
(Ord. No. 91-04 §§1-2; 2-25-91)

Section 100.090: Designation of a Non-Smoking Area

A. The City Hall and all municipal offices located within the physical location of the City Hall of the City of Marble Hill, Missouri, having been previously defined as being a "Public place" by Section 191.765, RSMo., are hereby designated as being smoke free, and "No smoking" as that term is defined in Section 191.765(7), RSMo., shall be allowed or permitted inside of the building which shall house the Marble Hill City Hall and all related municipal offices.

B. Any person violating the terms of this Section shall be deemed guilty of an infraction, and upon conviction thereof shall be assessed a fine not to exceed two hundred dollars ($200.00).
(Ord. No. 94-27 §§1-2; 7-11-94)

Section 100.100: Charges for Insufficient Funds and Post-Dated Checks on City Water, Sewer and Trash Bills

A. The following charges shall be assessed to accounts for water, sewer and trash collection for payment by insufficient funds and post-dated checks:

If any bill for water, sewer and trash collection shall be paid with an insufficient funds checks, a charge of twenty dollars ($20.00) shall be added to the bill, in addition to any late payment fees or other charges allowed to be assessed by the ordinances of the City.
If any customer tenders two (2) insufficient funds checks for an account within one (1) year for water, sewer and trash collection, the charge assessed will be twenty-five dollars ($25.00), in addition to any late payment fees or other charges allowed to be assessed by the ordinances of the City.
If any customer tenders three (3) or more insufficient funds checks for an account in any one (1) year for water, sewer and trash collection, the charge assessed will be thirty dollars ($30.00), and the City will thereafter demand that all future payments be made in cash, cashier's check or money order.
Post-dated checks will not be accepted by the City as payment on any water, sewer and trash collection account. When a post-dated or unsigned check is received by mail, it shall be returned to the customer and the bill considered unpaid.
When an insufficient funds check is received, the account will be deemed unpaid until such time as the account is paid by cash or money order. If the account is not paid by cash or money order by the cut-off date, the water service may be shut off without further notice.

B. Nothing in this Section shall be construed to hinder criminal prosecution for insufficient funds checks or any other civil or criminal penalties allowed by law.

C. These assessments are intended as administrative surcharges on water, sewer and trash collection accounts. These charges are intended to include costs of insufficient funds check notices mailed to the customer by certified mail and administrative expenses associated with collecting past due accounts.
(Ord. No. 95-06 §1; 8-14-95; Ord. No. 95-11 §1; 9-11-95; Ord. No. 99-07 §1; 4-5-99)

Chapter 105: ELECTIONS

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Section 105.010: Procedure Generally

All City elections shall be held under the provisions of Chapter III, Revised Statutes of Missouri, excepting provisions of Section 111.181, and except that the judges of election in such City election shall perform all the duties of both the judges of election and Clerks of election as prescribed in the State election laws.
(Ord. No. 80-10 §1; CC §32.040)

Section 105.020: Wards

The City is hereby divided into two (2) wards, the boundaries of which are kept on file in the Office of the City Clerk.
(Ord. No. 80-10 §1; CC §30.010)

Section 105.030: Notification of Upcoming Municipal Elections — Filing Periods

A. That the opening filing date for any elective office in the City of Marble Hill shall be 8:00 A.M. on the thirteenth (13th) Tuesday prior to the election, and the closing date for filing a declaration of candidacy for any elective office of the City of Marble Hill shall be 5:00 P.M. on the ninth (9th) Tuesday prior to said election.

B. The City Clerk for the City of Marble Hill shall, for two (2) weeks prior to the thirteenth (13th) Tuesday prior to any election, notify the general public of the City of Marble Hill of the opening filing day, which office or offices are to be filled, the proper place for filing, and the date and time during which the office of the City Clerk is open to receive said filing notices of the closing filing date of said election by publishing legal notices twice in at least one (1) newspaper of general circulation in Bollinger County, Missouri.
(Ord. No. 88-19 §§1-2)

Chapter 110: BOARD OF ALDERMEN

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Section 110.010: Qualifications of Aldermen-Terms of Office

No person shall be eligible to the office of Aldermen who is not twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for at least one (1) year next before his election and a resident of the ward from which he is elected; nor shall any person be elected an Alderman who is in arrears for any tax, lien, forfeiture or defalcation in office. All members of the Board shall hold their office for a term of two (2) years.
(Ord. No. 80-10 §1; CC §21.010)

Section 110.020: Oath

Before entering upon the discharge of the duties of his office, each Alderman shall take and subscribe an oath or affirmation before the City Clerk that he possesses all the qualifications prescribed for his office by the laws of the State and this Code or other ordinances of this City; that he will support the Constitution of the United States and of this State, and this Code and other ordinances of this City, and that he will faithfully demean himself in office.
(Ord. No. 80-10 §1; CC §21.020)

Section 110.030: Membership

The members of the Board of Aldermen shall meet on the second (2nd) Monday of each month.
(Ord. No. 80-10 §1; CC §21.030; Ord. No. 93-8 §1; 5-24-1993; Amended by Ord. 06-12, 5-8-2006; Amended by Ord. 08-09, 5-8-2008)

Section 110.040: Regular Meetings

The Board of Aldermen of this City shall meet in regular session in the Board Room of the City Hall at the hour of 6:00 P.M. on the second (2nd) Monday of each month.

When any such meeting day is a holiday, the regular meeting shall be held at such time as may be provided by the Board on motion at the previous meeting.
The Board may, by motion, dispense with any regular meeting, but at least one (1) meeting, regular or special, must be held in each calendar month.

(Ord. No. 80-10 §1; CC §24.010; Ord. No. 90-09 §§1-2, 5-29-90; Ord. No. 93-8 §2, 5-24-93; Amended by Ord. 06-12, May 8, 2006; Amended by Ord. 08-09, May 8, 2008)

Section 110.050: Special Meetings

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, stating time, place and object thereof, which notice shall be served personally upon each member of the Board left at his usual place of residence at least twelve (12) hours before the time of the meeting. It shall also be the duty of the City Clerk, immediately upon receipt of the request for the meeting, to make diligent effort to notify each member of the Board in person, either by telephone or otherwise, of such special session.

The City Clerk shall make a diligent effort to notify those members of the mass media who customarily attend meetings of the Board of Aldermen of the special session, in the same manner as described above.
Failure to comply with the requirements of this Section shall not invalidate any action taken at a special meeting of the Board of Aldermen.

(Ord. No. 80-10 §1; CC §24.020)

Section 110.060: Quorum

A quorum of the Board of Aldermen shall consist of a majority of the full membership (including vacancies and the Mayor of the City).
(Ord. No. 80-10 §1; CC §24.030)

Section 110.070: Compelling Attendance

In case that a lesser number than a quorum shall convene at a regular or special meeting of the Board of Aldermen, the majority of the members present are authorized to direct the Chief of Police or other City Officer to send for and compel the attendance of any or all absent members upon such terms and conditions and at such time as such majority of the members present shall agree.
(Ord. No. 80-10 §1; CC §24.040)

Section 110.080: Effect of Adjourned Meetings

All adjourned meetings of the Board shall, to all intents and purposes, be continuations of the meetings of which they are adjournments, and the same proceedings may be had at such adjourned meetings as at the meeting of which they are adjournments.
(Ord. No. 80-10 §1; CC §24.045)

Section 110.090: Duties of Mayor as President of Board

At the hour designated for Board meetings the Mayor shall call the Board of Aldermen to order, and he shall act as President of the Board. The Mayor shall appoint all Committees, subject to the concurrence of the Board of Aldermen, the appointment or election of which is not otherwise provided for by this Code or other ordinance.
(Ord. No. 80-10 §1; CC §24.050)

Section 110.100: Board of Aldermen, Acting President

In the absence of the Mayor, the Board shall elect one of their own number to occupy the place temporarily, and it shall be styled "acting President of the Board of Aldermen"
(Ord. No. 80-10 §1; CC §24.055)

Section 110.110: Mayor Pro Tem-Duties

When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to quality or from any other cause whatever, the Mayor Pro Tem shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy is filled or such disability is removed; or, in case of temporary absence until the Mayor's return.
(Ord. No. 80-10 §1; CC §24.060)

Section 110.120: Commissioners

In order to more properly supervise the operation of the City, the Mayor shall appoint each member of the Board of Aldermen to supervise a particular department of the City. The following departments have had Commissioners appointed:

Police	Streets
Fire	Humane
Water and Sewer	Civil Defense

(Ord. No. 80-10 §1; CC §24.062)

Section 110.130: Rules of Order

Except as otherwise provided by law or ordinance, the proceedings of the Board of Aldermen shall be controlled by Robert's Rules of Order, as revised.
(Ord. No. 80-10 §1; CC §24.065)

Section 110.140: Decorum

The presiding officer of the Board of Aldermen shall preserve decorum and shall decide all questions of order subject to appeal to the Board of Aldermen. Any member may appeal to the Board from a ruling of the presiding officer upon a question of order. If the motion for an appeal is seconded, the member making the appeal may briefly state his reason for the same and the presiding officer may briefly express his ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then put the question to vote as to whether the decision of the chair shall be sustained. If a majority of the members present vote "aye", the ruling of the chair is sustained; otherwise, it is overruled.
(Ord. No. 80-10 §1; CC §24.070)

Section 110.150: Voting

Every member of the Board shall vote upon every question and when requested by any member the vote upon any question shall be taken by "ayes" and "nays" and be recorded.
(Ord. No. 80-10 §1; CC §24.075)

Section 110.160: Permission Required for Members to Leave Chamber

No member of the Board of Aldermen may leave the Board Room while in regular or special session without permission from the presiding officer.
(Ord. No. 80-10 §1; CC §24.080)

Section 110.170: Order of Business

All meetings of the Board of Aldermen shall be conducted in accordance with the agenda which shall be pre-approved and set by the Mayor prior to all meetings of the Board of Aldermen.
(Ord. No. 80-10 §1; Ord. No. 94-10 §1; 5-16-94 CC §24.090)

Section 110.180: Expression of Dissent or Protest by Member

Any member of the Board of Aldermen shall have the right to express dissent from or protest against any ordinance or resolution of the Board and to have the reason therefore entered upon the journal. Such dissent or protest must be filed in writing and presented to the Board not later than the next regular meeting following the date of the passage of the ordinance or resolution to which objection is taken.
(Ord. No. 80-10 §1; CC §24. 100)

Section 110.190: Public Meetings

All meetings of the Board shall be open to the public, except when permitted by law the Board may hold a closed meeting.
(Ord. No. 80-10 §1; CC §24.110)

Section 110.200: Procedure for Enacting Ordinances, Resolutions, Etc.

A. That the styles of all ordinances of the City of Marble Hill are read as follows: "Be it ordained by the Board of Aldermen of the City of Marble Hill as follows."

B. No ordinance shall be passed except by bill, and no bill shall become an ordinance unless upon its final passage a majority of the members elected to the Board of Aldermen shall vote therefore, and the ayes and nays shall be entered on the journal and records of the City of Marble Hill.

C. Every proposed ordinance of the City of Marble Hill 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. 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.

D. No bill shall become an ordinance until it shall have been signed by the officer presiding at the meeting of the Board at which it shall have been passed. When so signed, it shall be delivered to the Mayor for his approval and signature, or his veto.
(Ord. No. 88-14 §§1-4)

Section 110.210: Procedure as to Objections Upon Second Reading of Bill

Upon the announcement of a second reading of any bill, if there are objections to it, the question shall be put by the chairman, "Shall the proposal be rejected?" If a majority of the Board shall vote in favor of rejection, the bill shall be defeated.
(Ord. No. 80-10 §1; CC §24.130)

Section 110.220: When Bills May Be Amended

Any bill shall be subject to amendment until the vote upon final passage.
(Ord. No. 80-10 §1; CC §24.140)

Section 110.230: Recording of "Ayes" and "Nays" On Final Passage

On the final passage of every ordinance, the "ayes" and "nays" shall be recorded in the record.
(Ord. No. 80-10 §1; CC §24.150)

Section 110.240: Special Committees

All special committees shall be appointed by the Mayor and the City unless otherwise ordered by a majority of the Board. By consent of a majority of the Board, a special committee may be appointed at any time to hold public hearings for the Board upon any matter pending before it. A special committee is a committee composed of members of the Board of Aldermen; the concurrence of the Board shall not be required as to the membership of the special committee, unless the Board shall order otherwise.
(Ord. No. 80-10 §1; CC §24.160)

Section 110.250: Journal To Be Kept

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 member.
(Ord. No. 80-10 §1; CC §24.170)

Section 110.260: Rules of Procedure

The Board of Aldermen may by resolution prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business, but such rules shall not contravene the requirements of this Code or other ordinances.
(Ord. No. 80-10 §1; CC §24.180)

Section 110.270: Attendance of Witnesses

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. Such officer (other than a City Officer) shall receive therefore 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.
(Ord. No. 80-10 §1; CC §24.190)

Section 110.280: Amendment or Suspension of Rules

Any rule of the Board may be repealed, altered or amended by a majority vote of the members. Every amendment offered shall lie on the table until the next meeting of the Board before being voted upon except by the unanimous consent of all elected members of the Board of Aldermen (including the Mayor). Any rule may be suspended by majority vote of the members of the Board, or quorum being present by unanimous consent.
(Ord. No. 80-10 §1; CC §24.200)

Chapter 112: CONFLICTS OF INTEREST

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Section 112.010: Declaration of Policy

The proper operation of municipal government requires the public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City.
(Ord. No. 91-18 §1; 9-9-91; Ord. No. 93-15 §1; 8-26-93; Ord. No. 94-28 §1; 7-11-94; Ord. No. 95-08 §1; 8-14-95; Ord. No. 98-06 §1; 8-10-98; Ord. No. 99-14 §1; 8-9-99: Revised August 12, 2002, Ord. No. 02-16)

Section 112.020: Conflicts of Interest

A. All elected and appointed municipal officials as well as employees of a political subdivision must comply with Section 105.454, RSMo., on conflicts of interest as well as any other State law governing official conduct.

B. Any member of the Governing Body of a political subdivision who has a "substantial or private interest" in any measure, bill, order or ordinance proposed or pending before such Governing Body must disclose that interest to the Secretary or Clerk of such body and such disclosure shall be recorded in the appropriate journal of the Governing Body. Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of:

Ten percent (10%) or more of any business entity;
An interest having a value of ten thousand dollars ($10,000.00) or more; or
The receipt of a salary, gratuity, or other compensation or remuneration of five thousand dollars ($5,000.00) or more per year from any individual, partnership, organization, or association within any calendar year.

(Ord. No. 91-18 §2, 9-9-91; Ord. No. 93-15 §2, 8-26-93; Ord. No. 94-28 §2, 7-11-94; Ord. No. 95-08 §2, 8-14-95; Ord. No. 98-06 §2, 8-10-98; Ord. No. 99-14 §2, 8-9-99; Revised August 12, 2002, Ord. No. 02-16)

Section 112.030: Disclosure Reports Section

Each elected official, the Chief Administrative Officer, the Chief Purchasing Officer and the full-time General Counsel shall disclose the following information by May first (1st) if any such transactions occurred during the previous calendar year:

For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the City, other than compensation received as an employee or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City.
The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the City, other than payment of any tax, fee or penalty due to the City or transactions involving payment for providing utility service to the City, and other than transfers for no consideration to the City.
The Chief Administrative Officer and the Chief Purchasing Officer also shall disclose by May first (1st) for the previous calendar year the following information:

(Ord. No. 91-18 §3, 9-9-91; Ord. No. 93-15 §3, 8-26-93; Ord. No. 94-28 §3, 7-11-94; Ord. No. 95-08 §3, 8-14-95; Ord. No. 98-06 §3, 8-10-98: Ord. No. 99-14 §3, 8-9-99; Revised August 12, 2002, Ord. No. 02-16)

Section 112.040: Filing of Reports

Financial disclosure reports giving the financial information required in Section 112.030 shall be filed with the local political subdivision and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
(Ord. No. 91-18 §4, 9-9-91; Ord. No. 93-15 §4, 8-26-93; Ord. No. 94-28 §4, 7-11-94; Ord. No. 95-08 §4, 8-14-95; Ord. No. 98-06 §4, 8-10-98; Ord. No. 99-14 §4, 8-9-99: Revised August 12, 2002, Ord. No. 02-16)

Section 112.050: Financial Interest Statements — When Filed

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

Every person required to file a financial interest statement shall file the statement annually not later than May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st); provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement.
Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment.

(Ord. No. 91-18 §5; 9-9-91; Ord. No. 93-15 §5; 8-26-93; Ord. No. 94-28 §5; 7-11-94; Ord. No. 95-08 §5; 8-14-95; Ord. No. 98-06 §5; 8-10-98; Ord. No. 99-14 §4, 8-9-99; Revised August 12, 2002, Ord. No. 02-16)

Chapter 115: MAYOR

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Section 115.010: How Elected, Etc.

The chief executive officer of the City shall be the Mayor, who shall be elected by the qualified voters of the City, and shall hold his office for two (2) years and until his successor shall be elected and qualified. No person shall be Mayor unless he 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 election. When two (2) or more persons shall have an equal number of votes for the office of Mayor the matter shall be determined by the Board of Aldermen.
(Ord. No. 80-10 §1; CC §21.200)

Section 115.020: Mayor To Appoint Standing Committees

The Mayor shall, at the first meeting of the Board of Aldermen after each annual election, name the members of such standing committees as he deems necessary, which shall consist of two (2) or more members of the Board of Aldermen.
(Ord. No. 80-10 §1; CC §21.210)

Section 115.030: Proclamations, Meetings, Elections

The Mayor shall have the power to issue proclamations, call mass meetings and regular and special elections in such a manner as this Code or other ordinances or State law may provide.
(Ord. No. 80-10 §1; CC §21.220)

Section 115.040: May Remit Fines, Grant Pardons, Etc.

The Mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under this Code or other 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 the City by reason of any prosecution under the laws or ordinances of the City.
(Ord. No. 80-10 §1; CC §21.240)

Section 115.050: Authority Over Police

The Mayor, with the advice and consent of the Board of Aldermen, shall have authority to give such orders to the Chief of Police and policemen of the City as in his judgment the public good may require, and it shall be the duty of the Chief of Police and Police Officers to obey such orders.
(Ord. No. 80-10 §1; CC §21.250)

Section 115.060: Power to Enforce Laws

The Mayor shall be active and vigilant in enforcing all laws and this Code or other ordinances for the government of the City, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he is hereby authorized to call on every inhabitant of the City to aid in enforcing the laws.
(Ord. No. 80-10 §1; CC §21.260)

Section 115.070: Mayor Shall Preside Over Board of Aldermen

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 preside or vote in cases when he is an interested party. He shall exercise a general supervision over all the officers and affairs of the City, and shall take care that this Code or other ordinances of the City and the State laws relating to such City, are complied with.
(Ord. No. 80-10 §1; CC §21.270)

Section 115.080: Communications to Board

The Mayor shall from time to time communicate to the Board of Aldermen such measures as may, in his opinion, tend to the improvement of finances, the police, health, security, ornament, comfort and general prosperity of the City.
(Ord. No. 80-10 §1; CC §21.280)

Section 115.090: Approval of Bills-Veto Power

Every bill presented to the Mayor for his approval shall be returned by him to the Board of Aldermen, with his approval endorsed thereon, or with his objections thereto, in writing, on or before the next regular meeting of the Board succeeding the date on which the bill was so presented. The Mayor may also veto any portion or all of the general appropriation bill, or any item of the same.
(Ord. No. 80-10 §1; CC §21.290)

Chapter 120: CITY OFFICERS AND CITY EMPLOYEES

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Section 120.010: Officers Enumerated

The officers of this City shall consist of:

The following elective officers:
a. Mayor,
b. Collector,
c. Aldermen (two from each ward)
And the following appointive officers:
a. City Clerk,
b. City Attorney,
c. Chief of Police,
d. Fire Chief,
e. Any such other agents as may be appointed from time to time.

(Ord. No. 80-10 §1; CC §21.100)

Section 120.020: Term of Appointive Officers

All appointive officers shall be appointed to serve at the pleasure of the Mayor and the Board of Aldermen.
(Ord. No. 80-10 §1; CC §21.110)

Section 120.030: Officers to be Qualified Voters and Residents-Exceptions

All officers elected or appointed to offices under the City Government shall be qualified voters under the laws and Constitution of this State and this Code; except, that the City Attorney and other employees having only ministerial duties need not be registered voters of the City. No person shall be elected or appointed to any office that shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office. All officers, except the City Attorney and other employees having only ministerial duties, shall be residents of the City.
(Ord. No. 80-10 §1; CC §21.120)

Section 120.040: Oath of Office-Bond Generally

Every officer of the City and his assistants, and every Alderman before entering upon the duties of his office shall take and subscribe to an oath of affirmation before some person authorized to administer oaths, that he possesses all qualifications prescribed for his office by law; that he will support the Constitutions of the United States and of this State, the provisions of all laws of this State affecting the City and the Code of Ordinances and other ordinances of the City; and faithfully demean himself while in office, which oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by this Code or other law or ordinance, shall, within fifteen (15) days after his appointment or election, and before entering upon the discharge of the duties of his office, give bond to the City in such sum and with such sureties as may be designated by this Code or other ordinance, conditioned upon faithful performance of his duty, and that he will pay over all money belonging to the City and fully account for the same, as provided by law, that may come into his 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 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.
(Ord. No. 80-10 §1; CC §21.130)

Section 120.050: Commission to be Delivered

Upon filing of the oath of office and approval of bond, when bond is required, the City Clerk shall deliver to the person elected or appointed a commission signed by the Mayor, and under the Seal of the City, duly countersigned by the Clerk, authorizing the person therein named to discharge the duties of the office therein named for the term for which he was appointed or elected.
(Ord. No. 80-10 §1; CC §21.140)

Section 120.060: Salaries

The Board of Aldermen shall have the power to fix the compensation of all officers or employees of the City by ordinance. The salary of an officer shall not be changed during the time for which he was elected. In addition to the fees allowed by this Code or other law or ordinance the City Officers shall receive such compensation for their services as the Board of Aldermen shall from time to time provide.
(Ord. No. 80-10 §1; CC §21.150)

Section 120.070: Administration of Oaths

The Mayor and City Clerk are hereby empowered and authorized to administer oaths or affirmations following cases:

The Mayor, to witnesses or other persons concerned with any subject under consideration by the Board of Aldermen in which the interest of the City is involved.
The City Clerk, to any person certifying to any demand or claim against the City concerning the correctness of the same.

(Ord. No. 80-10 §1; CC §21.160)

Section 120.080: Vacancies

Vacancies shall be filled as follows:

All elective office vacancies shall be filled in accordance with State Statutes.
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 regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be filled for the unexpired term which was vacated, by the Mayor and with the consent and approval of the majority of the members of the Board of Aldermen.
Immediately upon the suspension of an officer it shall be the duty of the Mayor to appoint a competent and responsible person to discharge the duties of such officer for the period of the suspension.

(Ord. No. 80-10 §1; CC §21.170)

Section 120.090: City Attorney

A. Appointment: Tenn. The Mayor, with the advice and consent of the Board of Aldermen, at the first meeting after each annual City election shall appoint a suitable person as City Attorney who shall hold office for two (2) years, unless sooner removed from office, and until his successor is appointed and qualified.

B. Qualifications: No person shall be appointed to the office of City Attorney unless he be a licensed and practicing attorney at law in this State.

C. Duties Generally: The City Attorney shall, in addition to his other duties which are or may be required by this Code or other ordinance, when ordered by the Mayor or Board of Aldermen to do so, to prosecute or defend all suits and actions originating or pending in any court of this State, to which the City is a part, or in which the City is interested.

It shall be the duty of the City Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City, in any contested case.
The City Attorney shall make, and he is hereby authorized and empowered to make, affidavits on behalf of the City in all cases where the same may be necessary in taking an appeal or change of venue or may other matter necessary to proper legal proceedings.
The City Attorney shall give his opinion to all City officials.

D. Report to Board of Aldermen: The City Attorney shall attend all meetings of the Board of Aldermen unless excused by the Mayor or majority of the Board of Aldermen. Any member of the Board of Aldermen may at any time call upon the City Attorney for an oral or written opinion to decide any question of law, but not to decide upon any parliamentary rules or to resolve any dispute over the propriety of proposed legislative action.

E. Temporary Absence: Acting City Attorney. In case of absence, sickness or other inability of the City Attorney to attend court or when, before assuming his official duties, he shall inform the Mayor thereof, in writing, and the Mayor shall appoint some other attorney to represent the City in such cases, or during temporary absence, sickness or inability. Should the City Attorney fail, neglect, or refuse to give such notice, as above provided, and the interests of the City in case of such failure, neglect or refusal, need the immediate services of an attorney, then the Mayor may appoint some other attorney to attend to such cases, who shall receive the compensation allowed to the City Attorney for like services.

F. Compensation: The City Attorney shall be allowed compensation such as from time to time shall be fixed by the Board of Aldermen. The City Attorney shall not receive compensation contingent upon the outcome of any case in the Municipal Court.

In the event of a case in which the City is interested being tried in any Circuit Court, Supreme Court or Court of Appeal, then the Board of Aldermen shall allow the City Attorney the usual and customary fees and necessary expenses allowed in like or similar cases.
(Ord. No. 80-10 §1; CC §§21.300-21.350)

Section 120.100: City Clerk

A. Selection by Board of Aldermen: The Board of Aldermen shall elect a City Clerk at the first meeting of the Board after each annual election on the first (1st) Tuesday in April of each year, who shall hold office for one (1) year and until his successor is elected and qualified.

B. Qualifications: The City Clerk shall be at least twenty-one (21) years of age, and pursuant to Section 79.250, RSMo., shall not be required to be a resident of the City of Marble Hill, Missouri.

C. Duties Generally: The City Clerk shall, in addition to other duties which are or may be required of him by this Code or other ordinance, attend all meetings of the Board of Aldermen.

He shall have the custody of the books, records, papers and documents belonging to the City.
He shall prepare all certificates of election or appointment of the City Officers, and deliver the same to the persons elected or appointed.
He shall countersign all City bonds, warrants, drafts and orders upon the treasury for money, and shall see that all ordinances appropriating money out of the Treasury are endorsed by the Treasurer before passage, and shall affix thereto the Seal of the City and keep a record thereof, showing the number, date and amount thereof, the name of the person to whom, and on what account issued, and when redeemed.
He shall record the certificates, oaths and bonds of all the City Officers.
He shall keep an index of the records of the proceedings of the Board of Aldermen.
He shall prepare semi-annually a statement of the receipts and expenditures of the City, and cause the same to be published in a newspaper published in the City.
He shall copy the tax books of the City, extend the taxes thereon, and turn the same over to the City Collector by August 1, charging the Collector with the amounts of taxes due the several funds as shown by the tax books, and crediting him by amount of taxes turned into the Treasury, his commission, delinquent taxes, errors and rebates.
He shall prepare blank licenses for all purposes for which licenses are required to be issued, and when required, shall cause the same to be issued, signing his name and affixing the Seal of the City thereto, and shall keep an account with the Collector for such licenses and the amount of the license tax thereon.
The City Clerk shall furnish to any person, when called upon during business hours to do so, certified copies of any records, books, or papers which are in his custody, for which services a reasonable fee to be set by City ordinance may be charged, and which shall be paid by the person demanding such certified copy into the Treasury of the City.
The City Clerk shall be responsible for escrowing and supervising all money collected in any blacktopping projects performed by the City of Marble Hill, Missouri;
The City Clerk shall be responsible for and shall supervise the issuance of all permits for any roadblocks and/or usage of City parks;
The City Clerk shall be required to handle all office responsibilities for the City of Marble Hill, Missouri, and shall be required to work as deemed necessary by the Board of Alderman and the Mayor.

D. Compensation: The City Clerk appointed thereafter shall receive an hourly wage in an amount as set by the Board of Aldermen by ordinance.

E. Bond: Within fifteen (15) days of his appointment, and before entering upon the discharge of the duties of his office, the City Clerk shall execute to the City a bond in the sum of fifty thousand dollars ($50,000.00). The cost of said bond shall be paid by the City.

F. Temporary City Clerk: Upon temporary disability or inability of the City Clerk to perform his duties as set forth in this Section or other ordinances of the City due to illness, absence from the City or other cause, the Board of Aldermen shall, in the same manner as the City Clerk is elected as set forth in Subsection A above, proceed to elect a temporary City Clerk and shall hold office until the disability of the City Clerk is removed.

G. Such temporary City Clerk shall receive as compensation such salary as the Board of Aldermen shall provide for at the time of the election of such officer.
(Ord. No. 80-10 §1; Ord. No. 87-10 §1; CC §§21.400-21.440; Ord. No. 92-12 §§1-2, 5-11-92; Ord. No. 94-09 §1; 4-22-94; Ord. No. 94-5 §§1-2, 5-16-94)

Section 120.110: City Collector

A. Selection by the Board of Alderman: The Board of Alderman shall elect a City Collector at the first meeting of the Board after each annual election on the first (1st) Tuesday in April of each year, who shall hold office (1) year and until his/her successor is elected and qualified.

B. Oath: The Collector shall, before entering upon the duties of the office, take and subscribe an oath or affirmation that he possesses all the qualifications prescribed for the office by law, and that he will support the Constitution of the United States and of this State, the provisions of all laws of this State affecting cities of the fourth class, and this Code and other ordinances of this City, and faithfully demean himself in the office.

C. Bond: Within fifteen (15) days of his appointment, and before entering upon the discharge of the duties of his office, the City Collector shall execute to the City a bond in the sum of twenty-five thousand dollars ($25,000.00). The cost of said bond shall be paid by the City.

D. Duties Generally: The Collector shall perform all the duties specified in this Section and shall perform such other duties as may be directed by the Mayor.

E. Compensation: The City Collector shall receive as compensation for his/her services an hourly wage as set by the Board of Aldermen.

F. Deputy Collector: The Mayor may appoint a Deputy Collector to be approved by the Board of Aldermen, and when such Deputy Collector shall have taken and prescribed to the oath provided by this Chapter, he shall possess all the qualifications and powers and be charged with the same duties as the Collector.
(Ord. No. 80-10 §1; Ord. No. 87-22 §1; Ord. No. 89-35 §1; CC §21.500-21.540; Ord. No. 2012-05 §2 & 4; 4-9-2012;)

Section 120.120: City Treasurer

A. Appointment: The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting after each annual City election may appoint a suitable person as City Treasurer who shall hold office for one (1) year and until his successor is appointed and qualified.

B. Oath: Before entering upon the discharge of the duties of his office, the City Treasurer shall take and subscribe an oath that he assesses all of the qualifications prescribed for his office by this Section or other ordinance; that he will support the Constitution of the United States and of the State, the provisions of the State law which relate to this City and this Code and other ordinances of the City, and that he will faithfully demean himself in office.

C. Bond: Within fifteen (15) days of his appointment and before entering upon the discharge of the duties of his office, the City Treasurer shall execute to the City a bond in the sum of ten thousand dollars ($10,000.00). The bond shall be paid by the City.

D. Duties Generally: The Treasurer shall perform all the duties specified in this Code and shall perform such other duties as may be directed by the City Clerk and/or Mayor.

E. Compensation: The City Treasurer shall receive as compensation for his/her services an hourly wage as set by the Board of Alderman.
(Ord. No. 80-10 §1; CC §§21.700-21.730 §4; 4-9-12)

Chapter 125: IMPEACHMENT

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Section 125.010: Who is Impeachable

All elected officials shall be liable to impeachment for crime, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude, or oppression in office.
(Ord. No. 80-10 §1; CC §21.900)

Section 125.020: Power of Impeachment — Trial

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 being first given opportunity, together with his witnesses, to be heard before the Board of Aldermen sitting as a Board of Impeachment.

B. Any elective officer, including the Mayor, may in like manner as set forth in Subsection A, 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.
(Ord. No. 80-10 §1; CC §21.910)

Section 125.030: Impeachment Proceedings — Notice

A. Impeachment proceedings shall commence by a motion of any Alderman, approved by a majority of the Board of Aldermen to issue Articles of Impeachment against any accused elected officer.

B. When Articles of Impeachment shall be approved by a majority of the Board of Aldermen, the Mayor shall immediately appoint some day and time, not less than twenty (20) days nor more than thirty (30) days after the approval of the Articles of Impeachment by the Board of Aldermen, for appearance of the accused elected officer and cause summons to be issued, signed by the Mayor, with a copy of the Articles of Impeachment annexed, requiring the accused elected officer to appear in the City Hall on the day appointed for that purpose, and answer the charges exhibited against him. The summons and Articles of Impeachment shall be served by a member of the Police Department. When the elected officer against whom the Articles of Impeachment have been approved by a majority of the Board of Aldermen is the Mayor, or if the office of the Mayor is vacant, the President of the Board of Aldermen shall act in place of the Mayor and in like manner as hereinbefore set forth.
(Ord. No. 80-10 §1; CC §21.920)

Section 125.040: Serving of Summons and Articles of Impeachment

Not less than twenty (20) days prior to the day appointed for his appearance to answer the charges against him, the accused elected officer, if he can be found, shall be personally served with the summons and Articles of Impeachment; and if he cannot be found, then by leaving a copy of such summons and Articles of Impeachment at his dwelling house or usual place of abode, with some members of the family above the age of fifteen (15) years.
(Ord. No. 80-10 §1; CC §21.930)

Section 125.050: Proceedings Ex Parte

If the accused shall not appear after being notified as provided in Section 125.040, the Board of Aldermen and Mayor may proceed ex parte.
(Ord. No. 80-10 §1; CC §21.940)

Section 125.060: Impeachment Trial Proceedings

A. The City Attorney shall be present and prosecute the allegations against the accused elected official.

B. All witnesses shall be sworn prior to giving their testimony and they shall be subject to cross-examination.

C. The accused elected officer shall have the right to be represented by an attorney of his choosing, and which said expense shall be borne by the accused.
(Ord. No. 80-10 §1; CC §21.950)

Section 125.070: Effect of Judgment of Impeachment

Judgment of impeachment shall not extend beyond removal from office, but shall not prevent punishment of such elected official by the courts of charges growing out of the same matter.
(Ord. No. 80-10 §1; CC §21.960)

Chapter 130: PERSONNEL

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Section 130.010: Probationary Period

Each employee, including but not limited to members of the Police Department, receiving an appointment or a promotion to a position in the service of the City must serve a probationary period of three (3) months before his appointment or promotion shall be considered permanent. During the employee's three (3) month probationary period, the employee's work habits, abilities, attitudes, promptness, and other pertinent characteristics will be observed and evaluated by his Supervisor, Mayor, or other appropriate City official. If the probationary employee fails to meet the required standards of performance, he is to be dismissed. During the probationary period, the employee is not eligible for employee fringe benefits, such as sick leave and vacation, but will earn credit for those to be taken at a later date.
(Ord. No. 80-10 §1; CC §23.010; Ord. No. 94-35 §1; 8-29-94; Ord. No. 94-39 §1; 10-10-94)

Section 130.020: Discharge During Probationary Period

If at any time during the probationary period, the Supervisor determines that the services of a City employee have been unsatisfactory, the employee may be separated from his position without the right of appeal or a hearing. The Mayor shall notify the employee in writing of the reasons for the separation and the effective date of the separation.
(Ord. No. 80-10 §1; CC §23.020)

Section 130.030: Extension of Probationary Period

At the end of an employee's probationary period, if there is reason to believe that the employee may develop the ability to perform satisfactorily by an extension of his probation period, the department head may grant an extension not to exceed six (6) months.
(Ord. No. 80-10 §1; CC §23.020)

Section 130.040: Termination of Probationary Period

At the end of an employee's three (3) months probationary period or extension granted under the authority of Section 130.030, the Supervisor of the employee shall complete a probationary report and notify the Mayor in writing or report to the Board of Aldermen at a regular meeting that either:

The employee has successfully completed his probationary period and is capable of performing the duties of the position satisfactorily, and is henceforth to be considered a regular employee with all rights and privileges due him;
The employee has not demonstrated abilities to form satisfactorily the duties of the position and is to be separated from City Government, or if promoted from another position returned to the previous or a similar position.

(Ord. No. 80-10 §1; CC §23.040)

Section 130.050: Age

The minimum age for employment as a probationary employee shall be eighteen (18) years of age, unless the Mayor shall in writing waive the requirement. The minimum age for employment of seasonal employees shall he sixteen (16) years of age.
(Ord. No. 80-10 §1; CC §23.060)

Section 130.060: Residence

Unless provided for elsewhere in this Code, all permanent employees of the City shall reside within the City. Any probationary employees living outside of the City limits shall have thirty (30) days to move within the City after achieving permanent employee status.
(Ord. No. 80-10 §1; CC §23.070)

Section 130.070: Relatives in the City Service

Two (2) members of an immediate family shall not be employed under the same Supervisor; neither shall two (2) members of an immediate family be employed at the same time, regardless of the administrative department, if such employment will result in an employee supervising a member of his immediate family. Immediate family is defined as wife, husband, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandchildren, stepmother, stepfather, brother-in-law, sister-in-law, uncle and aunt. Provided that no present employee shall be discharged because of a violation of this Section.
(Ord. No. 80-10 §1; CC §23.090)

Section 130.080: Political Activities

A. City employees shall not be appointed or retained on the basis of their political activity. City employees shall not be coerced to take part in political campaigns, to solicit votes, to levy, contribute or solicit funds or support, for the purpose of supporting or opposing the appointment or election of candidates for any municipal office.

B. No City employee shall actively advocate or oppose the candidacy of any individual for nomination or election to any municipal office, but an employee may participate in political affairs at other levels of government, provided such participation does not adversely affect his performance as a City employee. Employees are expected to exercise their right to vote in municipal elections, but shall not engage in, or participate in any other way in any municipal election.

C. Failure to comply with the requirements of this Section shall be grounds for immediate dismissal. Any person who attempts to coerce or does coerce any City employee to take part in activity prohibited by this Section may be punished as provided in Section 100.050 of this Title.
(Ord. No. 80-10 §1; CC §§23.100-23.120)

Section 130.090: Outside Employment

No full-time department head shall accept outside employment, whether part-time, temporary, or permanent, without prior written approval from the Mayor. Each change in outside employment shall require separate approval. Such approval, however, shall not be arbitrarily withheld. Other employees may accept outside employment as long as City equipment is not used outside of City hours, except in extreme emergency, and does not interfere with their efficiency as City employees as judged by their Supervisors, and does not involve the contracting of City equipment or materials. Employees may not engage in any private business or activity or private work estimates while on duty. No employee shall engage in, or accept, private employment or render any service for private interest when such employment or service is incompatible or creates a conflict with his official duties.
(Ord. No. 80-10 §1; CC §23.130)

Section 130.100: Conduct, Work Habits, Attitude

It shall be the duty of each employee to maintain high standards of conduct, cooperation, efficiency and economy in their work for the City. Whenever work habits, attitude, production or personal conduct of any employee falls below a desirable standard, Supervisors should point out the deficiencies at the time they are observed. Corrections and suggestions should be presented in a constructive and helpful manner in an effort to elicit the cooperation and good will of the employee. Whenever possible, oral and/or written warnings with sufficient time for improvement shall precede formal discipline.
(Ord. No. 80-10 §1; CC §23.140)

Section 130.110: Discipline Policy

It shall be the duty of all City employees to comply with and to assist in carrying into effect the provisions of the City's personnel rules and regulations. No permanent employee shall be disciplined except for violation of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel rules and regulations.

Employee's and Supervisor's responsibilities:
a. It is the duty of every employee to attempt to correct any faults in his performance when called to his attention and to make every effort to avoid conflict with the City's rules and regulations.
b. It is the duty of every Supervisor to discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be, whenever possible, of an increasingly progressive nature, the step of progression being (1) warning, (2) suspension, and (3) removal.
Grounds for action: The following are declared to be grounds for suspension, or removal of any permanent employee:
a. Conviction of a felony or other crime involving moral turpitude,
b. Acts of incompetency,
c. Absence without leave,
d. Acts of insubordination,
e. Intentional failure or refusal to carry out instructions,
f. Misappropriation, destruction, theft, or conversion of City property,
g. Employee subsequently becomes physically or mentally unfit for the performance of his duties,
h. Acts of misconduct while on duty,
i. Willful disregard of orders,
j. Habitual tardiness and/or absenteeism,
k. Falsification of any information required by the City,
l. Failure to properly report accidents or personal injury,
m. Neglect or carelessness resulting in damage to City property or equipment
n. Repeated convictions during employment on misdemeanor and/or traffic charges,
o. Introduction, possession, or use on City property or in City equipment of intoxicating substances or controlled substances or proceeding to or from work, or performing work for the City, under the influence of an intoxicating substance or controlled substance.
Employee notice: A written notice shall be given to each employee stating the reasons for the disciplinary action and the date it is to take effect. The notice is to be given to the employee at the time such disciplinary action is taken and in any event not later than three (3) working days from date of the action. A copy of notice signed by the employee or signed by the official who personally delivered a copy to the employee in the employee's file shall serve as prima fade evidence of delivery.
Probational, employee: Any probationary employee may be suspended, reduced in pay, or removed at any time by his Supervisor or the Mayor. Probationary, temporary, seasonal, or part-time employees shall not have the right of appeal from such action.
Permanent employees: All permanent employees holding positions in the service of the City may be suspended for a period of not more than thirty (30) working days, reduced in pay, or removed for just and reasonable cause by the employee's department head. Permanent employees shall be dismissed only after having been given written notice of the contemplated action.
Right of appeal: All permanent employees are granted the right of appeal. Within ten (10) days after effective date of disciplinary action, the employee may file a written appeal to the Mayor. The disciplinary action against the employee shall be stayed during the course of this appeal, unless the Mayor orders its imposition in writing giving his reasons therefore.
Investigation: The Mayor shall hear appeals submitted by any permanent employee in the City relative to any suspension, or dismissal and shall submit a written statement of facts, findings, and recommendations to the Board of Aldermen, whose actions shall be final and conclusive.
Appeal hearing open to public: The appeal hearing shall be open to the public at the discretion of the Mayor, and subject to all requirements of law.
Informal nature: The hearing shall be conducted in an informal nature and the Mayor shall make every effort to avoid the appearance of conducting a trial in a Court of law.
Scheduling of appeal: No later than ten (10) working days after receipt of the written appeal, the Mayor shall fix a time and place for convening of a hearing. Within forty-eight (48) hours after the completion of the hearing the Mayor shall report his findings and recommendations to the Board of Aldermen.
If the Mayor shall have ordered that disciplinary action against an employee shall not be stayed during an appeal, then the Mayor shall appoint a member of the Board of Aldermen to hear the appeal. In such case the provisions of Subsection 11 shall not apply, and the hearing shall be scheduled within forty-eight (48) hours of the Mayor's order imposing immediate disciplinary action. Should the hearing officer recommend to the Board of Aldermen that the disciplinary action not be imposed, and should this recommendation be accepted by the Board of Aldermen, then the City shall pay said employee the same as had he been employed in the service of the City during the time in which the Mayor's discipline order was in effect.
Right to representation: The appellant shall have the right to appear and be heard in person or by counsel.
Appellant fails to appear: Appellant's failure to attend or notify the hearing officer of his inability to attend at the hearing will constitute just cause of dismissal of the appeal and imposition of the disciplinary action.

(Ord. No. 80-10 §1; CC §23.150)

Section 130.120: Grievance Policy

The most effective accomplishment of the work of the City requires prompt consideration and equitable adjustment of the employee grievances. It is the desire of the City to adjust the causes of grievances informally, and both Supervisors and employees are expected to make every effort to resolve problems as they arise.

An employee may present his grievance, or have an employee committee selected by the employee present his grievance to his Supervisor.
All grievances shall be submitted in writing to the City Clerk who shall forward a copy thereof to the employee's Supervisor for action.
If satisfaction is not achieved by the above procedure within ten (10) working days, the grievance shall then be presented to the Mayor.
The Mayor shall convene a hearing within ten (10) days to consider the grievance. The employee, the Supervisor, and any other interested party shall have the right to be heard. All City employees shall be considered in the service of the City during the course of the grievance hearing, and each employee shall be paid at his regularly hourly rate for that time spent in the hearing.
Following the hearing, the Mayor shall within ten (10) days take whatever action is necessary, including but not limited to a recommendation to change the personnel rules and regulations or the work practices of the City, upon finding that the grievance is unjustified, or any other appropriate recommendation.
No employee shall be disciplined or discriminated against in any way because of his proper use of the grievance procedure.
To the extent the provisions of this Section conflict with Section 130.110 of this Chapter, the requirements of Section 130.110 shall apply. The procedure outlined in Section 130.110 shall be used if the alleged grievance is a disciplinary matter, although the Mayor may treat a hearing under this Section as a hearing for the purposes of Subsection 130.110 (6) provided that all employee rights have been respected.

(Ord. No. 80-10 §1; CC §23.160)

Section 130.130: Overtime

The standard work week for employees other than Supervisors shall be five (5) days or a total of forty (40) hours per week. Supervisors should work those hours necessary to assure the satisfactory performance of their departments, but not less than forty (40) hours per week. The Supervisor shall not be entitled to overtime pay under the provisions of this Section except by approval of the Board of Aldermen.

The Supervisor shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. However, occasionally some overtime work may be necessary for proper performance of work duties and responsibilities.
When regular, permanent employees are required to work extra or prolonged shifts, employees shall be paid overtime pay, which shall be one and one half (1 1/2) times the employee's regular pay scale. At the employee's option, any overtime hours may be accumulated and taken for compensation time off. The employee shall be entitled to one and one-half (1 1/2) hours of compensation time per each hour of overtime work designated as compensation time. All compensation time must be used within one (1) year of its accumulation. An employee may only accumulate sixty (60) hours of compensation time. Any compensation time exceeding the said sixty (60) hour cap shall be paid out as part of the next regular paycheck for said employee. All compensation time taken must be approved in advance by the Mayor, City Clerk, or the Board of Aldermen.
An employee who has left his normal place of work for his home and is called back for overtime work shall be paid for overtime with a minimum payment equal to one hour's work.
Temporary or probationary employees shall be entitled to overtime pay as provided in Subsection 2 of this Section.

(Ord. No. 80-10 §1; CC §23.170; Ord. No. 93-09 §1; 6-14-93 §3; 4-9-12)

Changes:
2012-03 on April 9th, 2012

Section 130.140: Holidays Section

All regular employees of the City shall receive normal compensation for the nine (9) legal holidays listed below and any other day or parts of a day during which the public offices of the City shall be closed by special proclamation of the Mayor with approval of the Board. Holidays to be observed are:

New Year's Day	January 1
Washington's Birthday	Third Monday in February
Good Friday	Friday before Easter
Memorial Day	Last Monday in May
Independence Day	July 4
Labor Day	First Monday in September
Thanksgiving Day	Fourth Thursday in November
Day after Thanksgiving	Friday after Thanksgiving
Christmas Day	December 25

It shall be the policy of the City to insure that all regular employees enjoy the same number of holidays each year. The standard shall be the number of holidays in a particular year which will be celebrated by employees working a forty (40) hour week Monday through Friday. For this group when a holiday falls on Sunday, the following Monday shall be observed as the holiday.

When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. For regular employees whose work week is other than Monday through Friday, the department head shall designate the work day that shall be observed.

An employee absent without authorized leave from the Mayor on the day preceding and/or the day following a holiday shall not receive regular compensation for the holiday.
Any regular employee in the City service who shall be required to perform work or render services on a regularly scheduled holiday shall receive a day off at his regular pay rate in lieu of the holiday missed, or at the option of the City he may be compensated at the City's approved overtime rates for his service on the regularly scheduled holiday.
No part time employees or probationary employees who have been employed for less than ninety (90) days shall be entitled to any holiday pay. All regular part time employees who have been employed for more than ninety (90) days shall receive compensation in proportion to the average number of hours normally scheduled to work.

(Ord. No. 80-10 §1; CC §23.180; Ord. No. 95-09 §1; 8-14-95)

Section 130.150: Vacation

Every employee in the City service holding a permanent status position and having occupied such position for a period of twelve (12) consecutive calendar months shall be allowed annual vacation leave with pay. Vacation leave shall be granted on the basis of the number of regularly scheduled hours in the standard work or duty day to which the employee is assigned at the time of his vacation. Employees with one (1) year of continuous service with the City shall be allowed vacation leave at the rate of one (1) week. Thereafter, employees with two (2) years of continuous service with the City shall be allowed vacation leave at the rate of two (2) weeks. Thereafter, employees with ten (10) years of continuous service with the City shall be allowed vacation leave at the rate of three (3) weeks annually.

Vacation leave shall be taken during the year following its accumulation.
Vacation leave credit may not be carried from one year to the next.
Vacation leave must be taken in blocks of five (5) days each. Exceptions may be granted with the written consent of the Mayor.
Absence on account of sickness, injury or disability in excess of that hereinafter authorized for such purposes may, at the request of the employee and within the discretion of the department head, be charged against vacation leave allowance.
Records of vacation leave allowance and use shall be kept by the person responsible for the employee's payroll payment. Vacation leave schedule shall be in regard to the seniority of employees, to accord with operating requirements and, insofar as possible, with the requests of the employees.
When a regularly scheduled holiday occurs during the period of an employee's vacation an additional day of vacation shall be granted.

(Ord. No. 80-10 §1; CC §23.190; Ord. No. 93-7 §1; 5-24-94)

Section 130.160: Sick leave

All full-time City employees shall earn sick leave with full pay at the rate of one-half (1/2) work day for each calendar month of service. Sick leave shall accrue from the date of employment, but shall not be taken until the successful completion of the three (3) month probationary period except with the written permission of the Mayor. Sick leave may never be taken in advance of earning the time. Sick leave may be accumulated up to fifteen (15) days.

An employee may be eligible for sick leave for the following reasons:
a. Personal illness of physical incapacity.
b. Quarantine of an employee by a physician.
c. Illness in the immediate family requiring the employee to remain at home.
An employee who is unable to report for work because of one of the above reasons shall report the reason for his absence .
To his Supervisor within two (2) hours from the time he is expected to report for work. Sick leave with pay shall not be granted unless such report has been timely made. Documentation may be required of the employee before any sick leave will be granted or payment made. In all cases, sick leave with pay in excess of three (3) working days shall be allowed only after presenting a written statement by a physician certifying that the employee's condition prevented him from appearing for work.
An employee terminating from City service shall not be allowed the use of sick leave in the last two (2) calendar weeks of employment. Unused sick leave will not be compensated for in any way at the time of resignation or dismissal of any employee.
Abuse of the sick leave privilege can result in dismissal.

(Ord. No. 80-10 §1; CC §23.200; Ord. No. 94-30 §1; 7-11-94)

Section 130.170: Maternity and Paternity Leave

On recommendation of an employee's Supervisor or department head, and upon the written order of the Mayor, an employee may be granted maternity or paternity leave without pay for a period not to exceed three (3) months.
(Ord. No. 80-10 §1; CC §23.210)

Section 130.180: Education Leave

The Mayor may authorize special leaves of absence, with or without pay, for any period not to exceed six (6) calendar months in any one calendar year for attendance at a school or university for the purpose of training in subjects relating to the work of the employee and which will benefit the employee and the City service. The City may share in up to one hundred percent (100%) of the tuition costs if the course is completed successfully. However, if the City shares in the cost, the employee must remain in the City service for one month for each hour of course credit, after completion of the course. If the employee fails in this obligation, the City's portion of the tuition will be deducted from the employee's last pay check. In the event that the course is not based on credit hours, the employee's required length of stay after completion of the course should be determined by the employee and the Mayor before the course begins.
(Ord. No. 80-10 §1; CC §23.230)

Section 130.190: Funeral Leave

An employee may be granted three (3) working days leave as needed in the event of the death of his spouse, child, mother, father, sister, brother, mother-in-law, father-in-law or grandparents. Such leave shall be deducted from either sick leave or vacation leave.
(Ord. No. 80-10 §1; CC §23.240)

Section 130.200: Jury Leave

An employee may be granted up to a seven (7) day maximum leave when required to be absent from work for jury duty or as a trial witness. Compensation for such leave shall be limited to the difference between pay received for this service and normal duty pay.
(Ord. No. 80-10 §1; CC §23.250)

Section 130.210: Disability Leave

A permanent (full or part-time) employee who is temporarily disabled in the line of duty shall receive pay equal to the amount received from Worker's Compensation benefits for the period of his disability without charge against his vacation leave, but to be charged against his sick leave, subject to the following conditions:

Provided that the disability resulted from an injury or illness sustained directly in the performance of the employee's work, as provided in the State Worker's Compensation Act.
If incapacitated for his regular assignment, the employee may be given other duties with the City Government for the period of recuperation. Unwillingness to accept such an assignment as directed by his department head or Supervisor will make the employee ineligible for disability leave during the time involved.
A physician selected or approved by the City shall determine the physical ability of the employee to continue working or to return to work.

(Ord. No. 80-10 §1; CC §23.260)

Section 130.220: Worker's Compensation Law Adopted

The City hereby elects to accept the provisions of the State Worker's Compensation Law, as set forth in Chapter 287 of the Revised Statutes of Missouri. The City is authorized to carry worker's compensation insurance on all employees and officers of the City covered by the State Worker's Compensation Law.
(Ord. No. 80-10 §1; CC §23.275)

Section 130.230: Exceptions to This Chapter

The provisions of this Chapter shall not apply to uniformed employees (members of the Fire and Police Departments) to the extent that the personnel policies of those departments (Chapter 200, entitled "Fire Department" and Chapter 205, entitled "Police Department") conflict with this Chapter.
(Ord. No. 80-10 §1; CC §23.280)

Section 130.240: Health Insurance Benefits — When

No employee shall be entitled to health insurance benefits until he has been employed with the City for three (3) probationary months.
(Ord. No. 94-36 §1; 8-29-94)

Chapter 135: CITY VEHICLES

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Section 135.010: City Vehicles, Operation

Motor vehicles and motorized equipment belonging to or acquired by the City of Marble Hill or any department thereof are to be placed in charge of and operated by authorized personnel only and to be used and operated strictly for municipal purposes or such operation that contributes to or is related to municipal service and the use of such vehicles for private purpose or convenience is strictly prohibited except in such cases as authorized by the Board of Aldermen or upon an arrangement providing a daily or hourly rent and return to the City based upon the reasonable value of the service rendered.
(Ord. No. 80-10 §1; CC §23.500)

Section 135.020: Logs to Be Kept

The person, officer or employee of the City of Marble Hill making use of a City owned motor vehicle, whether as an incident to, or in the regular performance of their occupation as an officer or employee of said City shall be required to maintain and keep in each vehicle an official log or record or the operation of such vehicle, duly entering therein the mileage record of hourly use of such motorized equipment together with the date, and any maintenance or repair service required before or during the operation thereof. That all purchases of fuels, oils, parts, or service shall be duly recorded in the vehicle log.
(Ord. No. 80-10 §1; CC §23.510)

Section 135.030: Report to City Clerk

That the logs of each vehicle or piece of motorized equipment shall be turned in at least once each month to the City Clerk for reconciling the information therein and to compile a permanent record of the cost expense repairs and other pertinent information concerning the operation of the equipment and the keeping of the cost date for record and accounting purposes.
(Ord. No. 80-10 §1; CC §23.520)

Section 135.040: Private Use — When

That the use and operation of any City owned vehicle or piece of motorized equipment in the service of a private individual or for non-municipal purposes may be authorized and arranged for upon an agreement for the reimbursing the City for the reasonable cost of the operation and maintenance thereof including operator's salary and a reasonable depreciation allowance. That a schedule of charges based upon these items may be periodically set by the Board of Aldermen for the use of the supervising personnel in such cases.
(Ord. No. 80-10 §1; CC §23.530)

Section 135.050: Work Order Required

City equipment for rental shall only be used following a work order from the City Clerk and operated by a City employee while in the employ of the City.
(Ord. No. 80-10 §1; CC §23.531)

Section 135.060: Emergency

That nothing in this Chapter will prevent the use of any City vehicle in matters concerning a public or private emergency or in the Civil Defense activities in the community.
(Ord. No. 80-10 §1; CC §23.540)

Chapter 140: PROCUREMENT, CONFLICT OF INTEREST

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Section 140.010: Purchasing Agent Designated

The Administrative Assistant is hereby designated as purchasing agent for the City. The City Engineer, when authorized, shall procure for the City bids for supplies and services needed by the City, in accordance with the procedures prescribed by this Chapter or required by law. Except as provided in this Chapter, it shall be unlawful for any City Officer or employee to order the purchase of any supplies or make any contract within the purview of this Chapter other than through the Administrative Assistant, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by City officials, and the City shall not be bound thereby.
(Ord. No. 80-10 §1; CC §25.010; Ord. No. 94- 14 §1; 5-16-94)

Section 140.020: Duties Generally

In addition to the purchasing authority conferred in the preceding Section, and in addition to any other powers and duties conferred by this Code or other ordinance, the Administrative Assistant shall:

Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City.
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations, and by private business and organizations.
Prepare, adopt and maintain a vendors' catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendors' commodities, prices, and discounts.
Explore the possibilities of buying "in bulk" so as to take full advantage of discounts.
Act so as to procure for the City all Federal and State tax exemptions to which it is entitled.
Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time.

(Ord. No. 80-10 §1; CC §25.020; Ord. No. 94-14 §1; 5-16-94)

Section 140.030: Requisitions Filed With Administrative Assistant

A. Each City department or agency shall file with the Administrative Assistant detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times, and for such future periods as the Administrative Assistant shall prescribe.

A City department or agency shall not be prevented from filing, in the same manner, with the Administrative Assistant at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
The Administrative Assistant shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost.

B. The Administrative Assistant may purchase on behalf of the City, supplies necessary for the day to day operation of his office and of the City Hall.
(Ord. No. 80-10 §1; CC §25.030-25.035; Ord. No. 94-14 §1; 5-16-94)

Section 140.040: Conflict of Interest

A. No officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise which will create a substantial conflict between his private interest and the public interest; nor shall he or any firm or business entity of which he is an officer, agent or member, or the owner of substantial interest, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.

B. No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment. If any officer or employee is already engaged in the business transaction at the time that a matter arises, he shall be disqualified from rendering any decision or passing any judgment upon the same.

C. Any person who violates the provisions of this Section shall, upon conviction thereof, be punished as provided in Section 100.050 of this Title.
(Ord. No. 80-10 §1; CC §§25.040-25.060)

Section 140.050: Gifts and Rebates

The City Clerk and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section 100.050 of this Title.
(Ord. No. 80-10 §1; CC §25.070)

Section 140.060: Competitive Bidding Required

All purchases of, and contracts for supplies and contractual services, and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids.
(Ord. No. 80-10 §1; CC §25.080)

Section 140.070: Formal Contract Procedure

All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed five thousand dollars ($5,000.00), shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. All sales of personal property which have become obsolete and unusable, when the estimated value shall exceed five thousand dollars ($5,000.00) shall be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals.
(Ord. No. 80-10 §1; CC §25.090)

Section 140.080: Notice Defined

The notice required by the preceding Section shall consist of the following:

Notice inviting bids shall be published once in at least one (1) official newspaper of the City and at least five (5) days preceding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured and the time and place for opening bids.
The City Clerk shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "Bidder's List" which the Clerk shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
The City Clerk shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.

The City Clerk shall also solicit sealed bids by:
a. Direct mail request to prospective vendors, and
b. By telephone, as may seem to him to be in the best interest of the City.
(Ord. No. 80-10 §1; CC §25.100)

Section 140.090: Bid Opening Procedure

Bids shall be submitted sealed to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted for public inspection.
(Ord. No. 80-10 §1; CC §25.110)

Section 140.100: Lowest Responsible Bidder

Contracts shall be awarded to the lowest responsible bidder. Bids shall not be accepted from, nor contracts awarded, to a contractor who is in default on the payment of taxes, licenses or other monies due the City. In determining "lowest responsible bidder," in addition to price, the following shall be considered:

The ability, capacity and skill of the bidder to perform the contract or provide the service required;
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
The quality of performance of previous contracts or services;
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
The quality, availability and adaptability of the supplies, or contractual services to the particular use required;
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
The number and scope of conditions attached to the bid.

(Ord. No. 80-10 §1; CC §25.120)

Section 140.110: Bids Accepted

All bids shall be accepted or rejected by the Board of Aldermen. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered upon the journal of the Board.
(Ord. No. 80-10 §1; CC §25.125)

Section 140.120: Tie Bids

If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
(Ord. No. 80-10 §1; CC §25. 130)

Section 140.130: Open Market Procedure

All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section 140.070 of this Chapter shall be made in the open market, without newspaper advertisement and without formal contracts.

All open market purchases shall, whenever possible, be based on at least three (3) competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 140.100.
The City shall solicit bids by:
a. Direct mail request to prospective vendors,
b. By telephone, and
By public notice posted on the bulletin board of the City Hall.
The City Clerk shall keep a record of all Open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection.

(Ord. No. 80-10 §1; CC §25. 140)

Section 140.140: Authority for Purchases

All City purchases (whether bids are obtained through the formal contract procedure of Section 140.070 et. seq. or through the open market procedure of Section 140.130) may be approved, and offers accepted, only as follows:

1. The City Clerk may purchase on his own authority up to three hundred dollars ($300.00) in goods.
The commissioner of a particular department (Section 110.120) may authorize purchases of five hundred dollars ($500.00).
All purchases of five hundred dollars ($500.00) or more must be approved by the Board of Aldermen in advance, except those purchases or payments that have been previously determined.

(Ord. No. 80-10 §1; CC §25.145)

Section 140.150: Emergency Purchases

In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Board of Aldermen may authorize the purchase at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure. A full explanation of the circumstances of an emergency purchase shall be recorded in the journal of the Board of Aldermen.
(Ord. No. 80-10 §1; CC §25.150)

Section 140.160: Cooperative Procurement

To the maximum extent practicable the purchases of this City shall be made under the provisions of the Missouri State - Local Technical Services Act. The provisions of this Chapter requiring competitive bidding at the local level shall not apply to such purchases.
(Ord. No. 80-10 §1; CC §25.160)

Chapter 145: PARK BOARD

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Section 145.010: Park Board Established

There is hereby established a Park Board composed of nine (9) directors, whose duty it shall be to supervise, manage and control the park or packs of this City as provided under Sections 90.500 through 90.570, Revised Statutes of the State of Missouri.
(Ord. No. 80-10 §1; Ord. No. 88-6 §1; CC §26.010)

Section 145.020: Membership

The Directors shall hold office one-third (1/3) for one (1) year, one-third (1/3) for two (2) years and one- third (1/3) for three (3) years from the first (1st) of June following their appointment and at the first (1st) regular meeting shall cast lots for their respective terms. Annually thereafter, the Mayor shall, before the first (1st) of June of each year, appoint as before, three (3) directors who shall hold office for three (3) years and until the: successors are appointed. The Mayor may, by and with the consent of the Board of Aldermen of the City, remove any director for misconduct or neglect of duty.
(Ord. No. 88-6 §2; Ord. 91-22 §1; 10-28-91)

Section 145.030: Procedure

Said Directors shall immediately after their appointment, meet and organize by the election of one (1) of their number as President, and by the election of such officers as they may deem necessary. They shall make and adopt such bylaws, rules and regulations for their guidance and for the government of the packs as may be expedient, not inconsistent with Sections 90.500 to 90.570 RSMo. They shall have the exclusive control of the expenditures of all money collected to the credit of the Park Fund and of the supervision, improvement care and custody of said park. All moneys received for such packs shall be deposited in the Treasury of said City to the credit of the Park Fund and shall be kept separate and apart from the other moneys of such City and drawn upon by the proper officers of said City upon the properly authenticated vouchers of the Park Board. Said Board shall have the power to purchase or otherwise secure ground to be used for such packs, shall have power to appoint a suitable person to take care of said perks and necessary assistants for said person and fix their compensation, and shall have power to remove such appointees; and shall in general carry out the spirit and intent of Sections 90.500 to 90.570 RSMo. in establishing and maintaining public parks.
(Ord. No. 80-10 §1; CC §26.030)

Section 145.040: Annual Report

The said Board of Directors shall make, on or before the second Monday in June, an annual report to the Board of Aldermen stating the condition of their trust on the first day of May of that year, the various sums of money received from the Park Fund and other sources, and how much moneys have been expended and for what purposes, with such other statistics, information and suggestions as they may deem of general interest. All such portions of such report as relate to the receipt and expenditure of money shall be verified by affidavit.
(Ord. No. 80-10 §1; CC §26.040)

Section 145.050: Development Members

The Mayor is hereby authorized to appoint one (1) person, resident of the rural area surrounding Marble Hill to the Park Board in the same manner as other members, to be known as "Developmental Member". Such member shall advise and assist the regular Park Board in the development of the City's parks.
(Ord. No. 80-10 §1; Ord. No. 88-6 §3; CC §26.050)

Chapter 150: FINANCES AND RECORDS

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Section 150.010: Fiscal Year

The fiscal year of this City shall begin on July 1, and end on June 30 of the next year.
(Ord. No. 80-10 §1; CC §22.010)

Section 150.020: Budget Required

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.
(Ord. No. 80-10 §1; CC §22.100)

Section 150.030: Budget Contents

The annual budget shall present a complete financial plan for the next fiscal year. The following shall be included in the budget:
A budget message to describe the important features of the budget and to point out any major changes from the previous year.
An estimate of revenues which are expected to be received during the next year from all sources, plus a comparative statement of the revenues for the previous two (2) budget years. These comparisons shall be shown by year, fund, and source.
An estimate of the expenditures that are proposed to be spent during the budget year, plus a comparative statement of actual expenditures for the previous two (2) years. These comparisons should be shown by year, fund, activity and object.
The amount of money required to pay any interest, amortization, or redemption charges which the municipality will owe during the budget year.
A general summary of the total proposed budget.

(Ord. No. 80-10 §1; CC §22.110)

Section 150.040: Budget Officer

The Budget Committee for this City shall prepare the budget after reviewing expenditure requests and revenue estimates with other City Officers. The Budget Officer shall submit the completed budget and supporting schedules and exhibits to the Mayor, who shall present the same to the Board of Aldermen.
(Ord. No. 80-10 §1; CC §22. 120)

Section 150.050: Expenditures Limited

Expenditure estimates in the budget shall not be larger in amount than the total anticipated revenue for the budget year, plus any surplus from the previous year or less any deficit from the previous year.
(Ord. No. 80-10 §1; CC §22.140)

Section 150.060: Debt Limited

The City shall not incur any debts which aggregate an amount greater than the anticipated revenues for the budget year, without the approval of the voters of the City, as required by law.
(Ord. No. 80-10 §1; CC §22.150)

Section 150.070: Budget Calendar

The Budget Committee shall prepare the City budget in accordance with the following calendar:

In January of each year, the Budget Committee will collect the data necessary. and make preliminary revenue estimates for the coming fiscal year. He will estimate expenditures for the present year, and note expenditures and revenues for the previous two (2) fiscal years.
In February of each year, the Budget Committee will request from each City Officer a statement of expenditures requested for the coming fiscal year.
In March of each year, the Budget Committee will review the departmental requests and make his final revenue estimates for the coming fiscal year, and will confer with department heads to discuss these requests.
In April of each year, the Budget Committee will begin assembling the City budget.
In May of each year, the Budget Committee will confer with the Mayor and any such other officers as the Mayor may designate, for preparation of the City budget for the next fiscal year to be submitted to the Board of Aldermen.
The budget shall be submitted to the Board of Aldermen at the regular meeting in June.

(Ord. No. 80-10 §1; CC §22.160)

Section 150.080: City Clerk to Keep Records

The records of the City shall be kept in the custody of the City Clerk.

As used in this Section, the word "record" or "records" shall mean any document, book, paper, photograph, map, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in this Section, and are hereinafter designated as "nonrecord" materials.
The City Clerk may delegate to a subordinate or to another City official authority to have temporary custody of City records, after satisfying himself as to the safety of said records.

(Ord. No. 80-10 §1; CC §22.200)

Section 150.090: Destruction of Records and Non-Record Materials

All records made or received by or under the authority of or coming into the custody, control or possession of local officials in the course of their public duties are the property of the City and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law.

No record shall be destroyed or otherwise disposed of unless it is determined that the record has no further administrative, legal, fiscal, research or historical value.
Nonrecord materials or materials not included within the definition of records may, if not otherwise prohibited by law, be destroyed at any time, if same have the approval of the Missouri Local Records Board.
Records of the City may be disposed of or destroyed without the approval of the Missouri Local Records Board, if the same is permitted by the State Municipal Records Manual. Records may be retained for a period of time longer than the minimum retention period required by the State Municipal Records Manual, at the discretion of the City Clerk.

(Ord. No. 80-10 §1; CC §22.210)

Chapter 155: ENFORCEMENT OF PAYMENT OF TAXES ON REAL ESTATE

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Section 155.005: Suspended

As of January 1, 2011, Chapter 155 of the Revised Code of the City of Marble Hill, Missouri entitled the "Enforcement of Payment of Taxes on Real Estate" shall be suspended. This chapter is being suspended in response to the passage of Ordinance 2010-02 which states that as of January 1, 2011, an additional 1/2 cent sales tax will be collected by the City of Marble Hill, Missouri as well as in response to the vote of the citizens of the City of Marble Hill in favor of the 1/2 cent sales tax.

Chapter 155 shall not be repealed and shall remain in effect as to any delinquent taxes which may have accrued prior to January 1, 2011 and those taxes may be collected in accordance with the manner set forth by Chapter 155."

Section 155.010: List of Delinquent Taxes

Between the first of January and the first of July in each year the City Collector shall make and record. in a book to be provided for that purpose, a list of lands and lots, returned and remaining delinquent for taxes, describing such lands or lots as the same are described in the tax books and said delinquent returns, and charging them with the amount of delinquent tax and naming the years delinquent, separately stated, and in addition thereto a penalty as herein provided, and shall certify to the correctness thereto, with the date when the same was recorded, and sign the same himself, or deputy, officially. It shall be the duty of the City Clerk and the City Collector to compare the Collector's record of such list of delinquent lands and lots as corrected with the corrected "delinquent land list", and the City Clerk shall certify in the "delinquent land list" on file in his office that same has been properly recorded in the Collector's office and shall attach a certificate at the end of the record of such list of delinquent lands and lots in the Collector's office that such record contains a true copy of the "delinquent land list" on file in his office.
(Ord. No. 80-10 §1; CC §84.010)

Section 155.020: Back Tax Book

A. The Collector shall proceed to collect the taxes contained in such "back tax book" or recorded list of delinquent lands and lots, and any person having an interest in said lands or lots may redeem such tract or any part thereof from the City's lien thereon by paying the taxes charged against said land in said "back tax book" with interest on the same as provided in this Chapter.

B. Whenever it shall appear to the Board of Aldermen that any tract of land in said "back tax book" is not worth the amount of taxes, interest and cost due thereon, or that the same would not sell for the amount so charged, it shall be lawful for the Board of Aldermen to compromise said taxes with the owner which shall have the effect to release said land from the City's lien; its shall be the duty of the Collector to distribute to its various funds to which said taxes are due, in proportion of the amount received bears to the whole amount charged against such tract, or lot. Provided however, such compromise shall only be made in such cases where improvements have been destroyed, which materially lower the value of the property, after the assessment is made and before the taxes are collected.
(Ord. No. 80-10 §1; CC §§84.020-84.030)

Section 155.030: Real Estate Sold For Taxes

When real estate is sold for taxes by the Collector for a greater amount than the debt or taxes and all costs, the balance over shall be paid to the owner or owners of such land; if such owner or owners cannot be found, then such surplus shall be paid into the Treasury to be credited to the General Fund, to be held in trust for twenty (20) years for the owners or their legal representatives. At the end of twenty (20) years, if such fund shall not be called for, then it shall become permanent funds of the City. The Board of Aldermen shall require satisfactory proof of any claim before refunding the money, and the City shall pay no interest to the claimant for any such fund.
(Ord. No. 80-10 §1; CC §84.040)

Section 155.040: Duties of Collector

A. The Collector shall be allowed a fee to be set by ordinance approved by the Board of Aldermen.

B. That the City Collector, when collecting delinquent taxes on real estate, shall charge in addition to the amount due a penalty of eighteen percent (18%) for each years delinquency, except that any real estate redeemed with less than a full year shall pay a penalty not to exceed two percent (2%) per month or fractional part thereof, with the total not to exceed eighteen percent (18%).
(Ord. No. 80-10 §1; CC §§84.050-84.060; Ord. No. 89-25 §1)

Section 155.050: Sale To Be Held on First Monday in November

All lands and lots on which taxes are delinquent and unpaid shall be subject to sale to discharge the lien for said delinquent and unpaid taxes as provided for in this Chapter on the first (1st) Monday of November of each year, and it shall not be necessary to include the name of the owner, mortgagee, or any other person or corporation claiming an interest in or to any of said lands or lots in the notice of sale; provided however, delinquent taxes, with penalty, interest, and costs, may be paid to the City Collector at any time before the property is sold therefore.
(Ord. No. 80-10 §1; CC §84.070)

Section 155.060: List To Be Printed in Newspaper

The City Collector shall cause a copy of such list of delinquent lands and lots to be printed in some newspaper of general circulation and published in the County for three (3) consecutive weeks, one insertion weekly, before such sale, the last insertion to be at least fifteen (15) days prior to the first (1st) Monday in November. And it shall only be necessary in the printed and published list to state in the aggregate the amount of taxes, penalty, interest, and cost due thereon, each year separately stated, and the lots shall be described by number, block, addition, etc.; provided however, that if a part or parts of any forty (40) acre tract or other legal subdivision or lot is assessed on the tax books to two or more parties as owners thereof, then, as to such land or lots, such list shall be so prepared and separated. To such list shall be attached and in like manner so printed and published a notice that so much of said lands and lots as may be necessary to discharge the taxes, interest, and charges which may be due thereon at the time of sale will be sold at public auction at the COURTHOUSE DOOR OF SUCH COUNTY on the first Monday in November next thereafter, commencing at 10:00 of said day and continuing from day to day thereafter until all are offered. The City Collector shall, on or before the day of sale, insert at the foot of such list on his record a copy of such notice and certify on said record immediately following such notice the name of the newspaper of the County in which such notice was printed and published and the dates of insertions of such notice in such newspaper. The expense of such printing shall be paid by the purchaser or purchasers of the lands and/or lots sold and shall not exceed the legal rate as is fixed by Section 493.030 of the 1978 Revised Statutes of Missouri and shall be taxed as part of the costs of the sale of any land or lot contained in such list and disposed of at such sale and the total cost of printing such notice shall be prorated against all such lands or lots so sold or redeemed prior to any such sale.
(Ord. No. 80-10 §1; CC §84.080)

Section 155.070: Sale-Rules and Regulations

A. On the day mentioned in the notice, the City Collector shall commence the sale of such lands, and shall continue the same from day to day until so much of each parcel assessed or belonging to each person assessed, shall be sold as will pay the taxes, interest, and charges thereon, or chargeable to such person in said County. The person offering at said sale to pay the required sum for the least quantity of any tract shall be considered the purchaser of such quantity; provided, no bid shall be received from any person not a resident of the State of Missouri, until such person shall file with the said Collector an agreement in writing consenting to the jurisdiction of the Circuit Court of the County in which such sale shall be made, and also filing with such Collector an appointment of some citizen of said County as agent of said purchaser, and consenting that service of process on such agent shall give such court jurisdiction to try and determine any suit growing out of or connected with such sale for taxes, all such written consents to jurisdictions and selective appointments shall be preserved by the City Collector and shall be binding upon any person or corporation claiming under the person consenting to jurisdiction and making the appointment herein referred to; provided further that in the event of the death, disability or refusal to act of the person appointed as agent of said non-resident purchaser the City Clerk shall become the appointee as agent of said non-resident purchaser.

B. If at the first offering of sale of any tract of land or lot under the provisions of this act no person shall bid therefore a sum equal to the delinquent taxes thereon with interest, penalty, and costs, then the City Clerk of the sale shall note such fact in his record of sale and the City Collector shall note a recital thereof in his record containing the list of delinquent lands or lots, and said tracts of land or lots shall be again offered for sale, at the next sale of delinquent lands and lots as in this act provided, if such lands or lots be at such time delinquent. If at the second offering for sale no person shall bid therefore a sum equal to the then delinquent taxes thereof with interest, penalty, and costs, then the Clerk of the sale shall note such fact upon his record of the sale, and the City Collector shall enter a recital of such fact in his record book containing the list of delinquent lands and lots.

C. Whenever any lands have been or shall hereafter be offered for sale for delinquent taxes, interest, penalty and costs by the Collector of the City for any two (2) successive years and no person shall have bid therefor a sum equal to the delinquent taxes thereon, interest, penalty and costs provided by law, then such City Collector shall at the next regular tax sale of lands for delinquent taxes, sell the same to the highest bidder, and the purchaser thereof shall acquire thereby the same interest therein as is acquired by purchasers of other lands at such delinquent tax sales.

D. Where such sale is made, the purchaser at such sale shall immediately pay the amount of his bid to the Collector who shall pay the surplus, if any, to the person entitled thereto; or if he has doubt, or a dispute arises as to the proper person, the same shall be paid into the City Treasury to be held for the use and benefit of the person entitled thereto. In case the purchaser fails to pay his bid, the land shall be again forthwith offered for sale the same as if no sale had been made.

E. After payment shall have been made, the City Collector shall give the purchaser a certificate in writing, to be designated as a certificate of purchase, which shall carry a numerical number and which shall describe the land so purchased, each tract, or lot separately stated, the total amount of the tax, with penalty, interest, and costs, and the year or years of delinquency for which said lands or lots were sold, separately stated, and the aggregate of all such taxes, penalty, interest, and costs, and the sum bid on each tract. lf the purchaser bids for any tract or lot of land a sum in excess of the delinquent tax, penalty, interest and costs for which said tract or lot of land was sold, such excess sum shall also be noted in the certificate of purchase in a separate column to be provided therefore. Such certificate of purchase shall also recite the name and address of the owner or reputed owner, if known, and shall also have incorporated therein the name and address of the purchaser. Such certificate shall be authenticated by the City Collector, who shall record the same in a permanent record book in his office before delivery to the purchaser. Such certificate shall be assignable, but no assignment thereof shall be valid unless endorsed on such certificate and acknowledged before some officer authorized to take acknowledgement of deeds and an entry of such assignment entered in the record of said certificate of purchase in the office of the City Collector. For each certificate of purchase issued, including the recording of the same, the City Collector shall be entitled to receive and retain a fee of fifty cents ($.50), to be paid by the purchaser and treated as a part of the cost of the sale, and so noted on the certificate. For noting any assignment of any certificate the City Collector shall be entitled to a fee of twenty-five cents ($.25), to be paid by the person requesting such recital of assignment and which shall not be treated as a part of the cost of the sale.
(Ord. No. 80-10 §1; CC §§84.090-84.130)

Section 155.080: Rights of Purchaser

The purchaser of any tract, or lot of land at sale for delinquent taxes, homesteads excepted, shall at any time after one (1) year from the date of sale be entitled to the immediate possession of the premises so purchased during the redemption period provided for in this Chapter, unless sooner redeemed; provided however, any owner or occupant of any tract, or lot of land purchased may retain possession of said premises by making a written assignment of, or agreement to pay, rent certain or estimated to accrue during such redemption period or so much thereof as shall be sufficient to discharge the bid of the purchaser with interest thereon as provided in the certificate of purchase. Any rent collected by the purchaser, his heirs or assigns, shall operate as a payment upon the amount or amounts, together with the date paid and by whom shall be endorsed as a credit upon said certificate, and which said sums shall be taken into consideration in the redemption of such land, as provided for in this Chapter.
(Ord. No. 80-10 §1; CC §84.140)

Section 155.090: City Clerk To Be Clerk of Sale

The City Clerk shall attend as Clerk of the sale of such delinquent land and shall enter the same on a record book giving a description of the proper tract, showing how much of each lot or tract was sold, to whom, and the price, or whether the same remains unsold. For such services the Clerk shall receive twenty-five cents ($.25) to be added as costs of the sale.
(Ord. No. 80-10 §1; CC §84.150)

Section 155.100: Persons Claiming Undivided Share of Land

A. Any person claiming an undivided share in any land out of which an undivided part shall have sold for taxes, may redeem his undivided share by paying such portion of the purchase money, interest, penalty and subsequent taxes as he claims of the land sold; and any person claiming a specific part of any lands sold for taxes may redeem his specific part by paying such proportion of the purchase money, interest, penalty and subsequent taxes as his quantity of ground shall bear to the whole quantity sold.

B. In every case where a partial redemption is asked for, the City Collector, upon the application of the redemptioner, after notice to the holder of the certificate, shall determine the proportion to be paid by the party applying to redeem, and his decision shall be final thereon. For his services in stating the proportion, the redemptioner shall pay him fifty cents ($.50); and in every case of a partial redemption, pursuant to either of the said decisions, the quantity sold be reduced in proportion to the amount paid on such partial redemption, and the City Collector shall convey accordingly.
(Ord. No. 80-10 §1; CC §§84.160-84.170)

Section 155.110: Redemption of Land

A. The owner or occupant of any land or lot sold for taxes or any other person having an interest therein, may redeem the same at any time during the two (2) years next ensuing, in the following manner; by paying to the City Collector, for the use of the purchaser, his heirs or assigns, the full sum of the purchase money named in his certificate of purchase and all the costs of the sale together with interest at the rate specified in such certificate, not to exceed ten percent (10%) annually, with all subsequent taxes which have been paid thereon by the purchaser, his heirs or assigns, with interest at the rate of eight percent (8%) per annum on such subsequently paid, and in addition thereto the person redeeming any land shall pay the costs incident to entry of recital of such redemption. Upon deposit with the City Collector of the amount necessary to redeem as herein provided, it shall be the duty of the City Collector to mail to the purchaser, his heirs or assigns, at the last post office address, if known, and if not known, then to the address of the purchaser as shown in the record of the certificate of purchase, notice of such deposit of redemption. Such notice, given as herein provided, shall stop payment to the purchaser, his heirs or assigns, of any further interest or penalty. In case the party purchasing said land, his heirs or assigns, fails to take a tax deed for the land so purchased within six (6) months after the expiration of the two (2) years next following the date of sale, no interest shall be charged or collected from the redemptioner after that time.

B. Infants, idiots, insane persons, and persons in confinement may redeem any lands belonging to them sold for taxes, within two (2) years after the expiration of such disability, in the same manner as provided in the preceding Section for redemption by other persons.

C. When lands sold for taxes, or any portions thereof, shall be redeemed, the City Collector shall insert a memorandum of such redemption on the record of the certificate of purchase applicable thereto, stating the quantity or description of the portion redeemed, if not the whole, the date thereof, and by whom made, and sign the same officially, and shall likewise give a certificate thereof to the person redeeming. The person redeeming shall then present to the City Clerk the certificate of redemption and the City Clerk shall then enter on his record of sales of land for delinquent taxes the recital of such redemption, the date thereof, and the person redeeming.

D. If no person shall redeem the lands sold for taxes within two (2) years from the sale, at the expiration thereof, and on production of certificate covers only a part of a tract or lot of land, then accompanied with a survey or description of such part made by the City or County Surveyor or Engineer, the City Collector shall execute to the purchaser, his heirs or his assigns, in the name of the State, a conveyance of the real estate so sold, which shall vest in the grantee an absolute estate in fee simple, subject, however, to all claims hereon for unpaid taxes except such unpaid taxes existing at the time of the purchase of said lands and the lien for which taxes was inferior to the lien for taxes for which said tract, or lot of land was sold. In making such conveyance, when two (2) or more parcels, tracts, or lots of land are sold for the nonpayment of taxes to the same purchaser or purchasers, or the same person or persons shall in anywise become the owner of the certificates thereof, all of such parcels shall be included in one deed.

E. Such conveyance shall be executed by the City Collector, under his hand and seal, witnessed by the City Clerk and acknowledged before the County Recorder or any other officer authorized to take acknowledgements and the same shall be recorded in the recorder's office before delivery; a fee for recording shall be paid by the purchaser and shall be included in the cost of sale. Such deed shall be prima facie evidence that the property conveyed was subject to taxation at the time assessed, that the taxes were delinquent and unpaid at the time of the sale, of the regularity of the sale of the premises described in the deed, and of the regularity of all prior proceedings, that said land or lot had not been redeemed and that the period therefore had elapsed, and prima facie evidence of good and valid title in fee simple in the grantee of said deed. The City Collector shall be entitled to demand and receive from the person applying therefore, for each tax deed, one dollar and fifty cents ($1.50), which shall include the acknowledgement.

F. Every holder of a certificate of purchase shall before being entitled to apply for deed to any tract or lot of land described therein pay all taxes that have accrued thereon since the issuance of said certificate, or any prior taxes that may remain due and unpaid on said property, and the lien for which was not foreclosed by sale under which such holder makes demand for deed, and any purchaser that shall suffer a subsequent tax to become delinquent and a subsequent certificate of purchase to issue on the same property included in this certificate, such first purchaser shall forfeit his rights of priority there under to the subsequent purchaser, and such subsequent purchaser shall at the time of obtaining his certificate redeem said first certificate of purchase outstanding by depositing with the City Collector the amount of said first certificate with interest thereon to the date of said redemption and the amount so paid in redemption shall become a part of said subsequent certificate of purchase and draw interest at the rate specified in said first certificate but not to exceed ten percent (10%) per annum from the date of payment. Said holder of a certificate of purchase permitting a subsequent certificate to issue on the same property, shall on notice from the City Collector surrender said certificate of purchase on payment to him of the redemption money paid by the subsequent purchase.
(Ord. No. 80-10 §1; CC §§84.180-84.230)

Section 155.120: Invalid Sale

A. Whenever the City Collector shall discover, prior to the conveyance of any lands, sold for taxes, that the sale was for any cause whatever, invalid, he shall not convey such lands; but the purchase money and the interest thereon shall be refunded out of the City Treasury to the purchaser, his representative or assigns, on the order of the Board of Aldermen. Such invalid sale shall suspend for the period intervening between the date of the sale and the discovery of invalidity the running of the statute of limitations. In such cases, the City Collector shall make an entry opposite to such tracts or lots in the record of certificates of purchase issued or redemption record that the same was erroneously sold, and the cause of invalidity, and such entry shall be prima facie evidence of the fact therein stated. He shall notify the City Clerk of such action, whose duty it shall be to make a like entry upon his sale record.

B. No sale or conveyance of land for taxes shall be valid if at the time of being listed such land shall not have been liable to taxation, or, if liable, the taxes thereon shall have been paid before sale, or if the description is so imperfect as to fail to describe the land or lot with reasonable certainty and for the first two (2) enumerated causes, the money paid by the purchaser at such void sale shall be refunded, with interest, out of the City Treasury, on order of the Board of Aldermen.

C. The sale of lands for taxes shall not be invalid on account of such lands having been listed or charged on the tax book in any other name that of the rightful owner.

D. In all cases of sale of lands for taxes, if the purchaser or his assigns shall die before a deed shall be executed on such sales; the deed may be executed by the City Collector, to his heirs at law or devisees.
(Ord. No. 80-10 §1; CC §§84.240-84.270)

Chapter 160: MUNICPAL COURT SECTION

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Section 160.010: Court Established

There is hereby established in this City a Municipal Court, to be known as "City of Marble Hill Municipal Court, a Division of the 32nd Judicial Circuit Court of the State of Missouri." This Court is a continuation of the Police Court of the City as previously established, and is termed herein the "Municipal Court."
(Ord. No. 80-10 §1; CC § 72.010)

Section 160.020: Jurisdiction

The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
(Ord. No. 80-10 §1; CC § 72.020)

Section 160.030: Selection of Judge

The Judge of the City Municipal Court shall be known as a Municipal Judge of the 32nd Judicial Circuit Court, and shall be the Associate Circuit Judge of Bollinger County, Missouri.
(Ord, No. 80-10 §1; CC § 72.030)

Section 160.040: 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 directions.
(Ord. No. 80-10 §1; CC § 72.060)

Section 160.050: Docket and Court Records

The Municipal Judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Bollinger County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his office, to his successor in office or to the preceding judge of the circuit.
(Ord. No. 80-10 §1; CC § 72.080)

Section 160.060: Municipal Judge-powers and Duties Generally

The Municipal Judge shall be and is hereby authorized to:

Establish a Traffic Violations Bureau as provided for in the Missouri Rules of Practice and Procedures in Municipal and Traffic Courts and Section 479.050 of the Revised Statutes of Missouri.
Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt committed before him while holding court, in the same manner and to the same extent as a Circuit Judge.
Commute the term of any sentence, 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.
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. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or State Statutes.
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.

(Ord. No. 80-10 §1; CC § 72.090)

Section 160.070: Traffic Violations Bureau

Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.
(Ord. No. 80-10 §1; CC § 72.100)

Section 160.080: Issuance and Execution of Warrants

All warrants issued by a Municipal Judge shall be directed to the Chief of Police, or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Chief of Police, Police Officer, or Sheriff 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 warrants in criminal cases.
(Ord. No. 80-10 §1; CC §72.110)

Section 160.090: Arrests Without Warrants

The Chief of Police, or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his presence, but such officer shall, before the trial file a written complaint with the judge hearing violations of municipal ordinances.
(Ord. No. 80-10 §1; CC §72.120)

Section 160.100: 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 Judge. Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the Municipal Court shall certify the case to the presiding judge of the Circuit Court for reassignment.
(Ord. No. 80-10 §1; CC §72.130)

Section 160.110: Duties of the City's Prosecuting Attorney

It shall be the duty of an attorney designated by the municipality 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 necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result of any case.
(Ord. No. 80-10 §1; CC §72.140)

Section 160.120: 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 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 on the day set for trial to testify in the case, and enter the names of such witnesses on his dockets which oral notice shall be valid as a summons.
(Ord. No. 80-10 §1; CC §72. 150)

Section 160.130: Transfer of Complaint to Associate Circuit Judge

If, in the progress of any trial before a 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 as Municipal Judge, he shall immediately stop all further proceedings before him as Municipal Judge and cause the complaint to be made before some other Circuit Judge within the County.
(Ord. No. 80-10 §1; CC §72.160)

Section 160.140: 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 for such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his custody. The same shall be taxed as cost.
(Ord. No. 80-10 §1; CC §72.170)

Section 160.150: Recognizance

The Municipal Judge may require a defendant to enter into recognizance, with sufficient security, conditioned that he will appear before the Municipal Judge at the time and place appointed, then and there to answer the complaint alleged against him; and if he fail or refuse to enter into such recognizance, the defendant may be committed to jail and held to answer such complaint as aforesaid.
(Ord. No. 80-10 §1; CC §72.180)

Section 160.160: Bond-When Set By Chief of Police

A. When a defendant is entitled to bail, the Municipal Judge shall admit him to bail, but if the Court is not in session, the Chief of Police of this City may admit the defendant to bail in an amount not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).

B. When a Police Officer of this City shall have a person under arrest and in custody by virtue of a warrant issued upon a complaint or information charging the commission of a misdemeanor, or upon a warrant of commitment for failure to furnish bail or failure to appear in Court when scheduled, the City police may admit the defendant to bail in the amount specified upon the warrant or if the amount of bail is not so specified and the Police Court is not in session, the Chief of Police may admit the defendant to bail in an amount not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) by requiring the deposit with the Chief of Police of cash or a personal bond with sufficient sureties to be approved by the Chief of Police.
(Ord. No. 80-10 §1; CC §72.190)

Section 160.170: Parole and Probation

Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty to who shall be convicted after a trial before said judge.
(Ord. No. 80-10 §1; CC §72.200)

Section 160.180: Right of Appeal

The defendant shall have a right to a trial de novo, as set forth in the State Statutes. Such application for a trial de novo shall be filed with ten (10) days after the judgment and shall be in the form as provided by Supreme Court Rules.
(Ord. No. 80-10 §1; CC §72.210)

Section 160.190: Appeal From Jury Verdicts

In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate appellate court.
(Ord. No. 80-10 §1; CC §72.220)

Section 160.200: Breach of Recognizance

In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit 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 Judge or Associate Circuit 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. AIl monies recovered in such actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.
(Ord. No. 80-10 §1; CC §72.230)

Section 160.210: Disqualification of Judge from Hearing Case

A Municipal Judge shall be disqualified to hear any case in which he is anywise 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.
(Ord. No. 80-10 §1; CC §72.240)

Section 160.220: Clerk of the Municipal Court

The Associate Circuit Clerk is hereby designated as the Clerk of the Municipal Court. The duties of said Clerk shall be as follows:

To collect such fines for violations of such offenses as may be described, and the court costs thereof.
To take oaths and affirmations.
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him.
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs as directed by the Municipal Judge.
Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Court and by Statute.
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the municipality which shall constitute prima facie evidence of such ordinances before the Court. Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.

(Ord. No. 80-10 §1; CC §72.260)

Section 160.230: Court Costs

A. In addition to any fine that may be imposed by the Municipal Judge there shall be assessed as costs in all cases the following:

Costs of court in the amount of twelve dollars ($12.00).
Training of peace officers.
a. Locally. In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases, except those for non-moving traffic violations, the sum of two dollars ($2.00) for the training of Peace Officers. This fee shall be transmitted monthly to the Treasurer of the City.
b. Statewide. An additional dollar ($1.00) shall be assessed as costs in all cases, except those for nonmoving traffic violations. This fee shall be deposited with the Treasurer of the State in the Peace Officer Standards and Training Commission Fund, to be used Statewide for training of Peace Officers.
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.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County jail.
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must ravel (both directions) in order to serve any warrant or commitment or order of this Court.

B. The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him that he pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.
(Ord. No. 80-10 §1; CC §72.270-§72.280; Ord. No. 89-26 §§1-2; Ord. No. 96-11 §1-2, 12-20-96)

Section 160.240: Installment Payment of Fine

When a fine is assessed for violating an ordinance, it should be within the discretion of the judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he may deem appropriate.
(Ord. No. 80-10 §1; CC § 72.290)

Section 160.250: City Clerk to File Copy of Chapter with Circuit Clerk

The City Clerk is directed to file a certified copy of this Chapter with the Associate Circuit Clerk of this County.
(Ord. No. 80-10 §1; CC §72.300)

Section 160.260: Schedule of Fees for Reimbursement for the Costs of Arrest for Any Alcohol or Drug Related

A. Pursuant to Section 577.048, RSMo., the City of Marble Hill, Missouri, hereby establishes the following guidelines for reimbursement of expenses incurred for any alcohol or drug related traffic offenses:

Each alcohol or drug related traffic conviction shall be assessed a fee in the amount of fifty dollars ($50.00). However, should any Police Officer expend more than three (3) hours of time which can be reasonably related to said arrest processing, additional charges in an amount equal to twelve dollars fifty cents ($12.50) for each hour over three (3) hours shall be assessed upon said arresting officer's filing with the appropriate court, an Affidavit of Time Expended.
For any blood testing of blood alcohol or drug content a fifty dollar ($50.00) fee;
For any blood or urine analysis for drug or alcohol a one hundred dollar ($100.00) fee.

B. These charges sought to be assessed under this Section shall be assessed as court costs in addition to any filing or other costs or other restitution that may be ordered by the Municipal Division of the Circuit Court of Bollinger County for Marble Hill, Missouri. Any officer filing for reimbursement of said charges shall file a sworn affidavit establishing what charges are to be assessed under this Section with the Municipal Division of the Circuit Court of Bollinger County and which said case is pending, with said Affidavit to be filed within thirty (30) days after the filing of said charges against an individual.
(Ord. No. 92-24 §1; 12-28-92)

Changes:
Section 577.048, RSMo. (Transferred 2000; now 488.5334)
This section has been transferred to another section number. There is no longer any statute data associated with this section number. See the headnote previously listed for the new section number.

Chapter 165: ADMINISTRATIVE ASSISTANT	Return to the Top
Editor's Note-Ord. No. 94-16 §1; adopted on May 16, 1994, repealed Ch. 165 concerning city administrator and enacted the provisions set out herein. Former Ch. 165 derived from Ord. No. 87-21 §1-10; Ord. No. 89-34 §2; Ord. No. 91-03 §§1-3.

Section 165.010: Administrative Assistant

There is hereby created and established the office of Administrative Assistant for the City of Marble Hill, Missouri.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.020: Appointment and Tenure

A qualified person shall be appointed Administrative Assistant for the City of Marble Hill, Missouri, by the Mayor; such appointment shall be approved by a majority of the Board of Aldermen. The person so appointed shall serve for an indefinite term.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.030: Qualifications

The person appointed to the office of Administrative Assistant shall be at least twenty-one (21) years of age and shall be a resident of the City of Marble Hill, Missouri, at the time of the effective date of such appointment; and shall be a graduate of an accredited university or college, majoring in public or municipal administration or shall have the equivalent qualifications and experience in financial, administration and/or public relations fields.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.040: Oath of Office

Before entering upon the duties of the office, the Administrative Assistant shall take and subscribe to an oath or affirmation before the City Clerk or someone authorized to administer oaths, that he possesses all qualifications prescribed for the office by law; that he will support the Constitutions of the United States and of the State of Missouri, the provisions of all laws of the State of Missouri and the ordinances of the City of Marble Hill and that he will faithfully demean himself while in Office.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.050: Bond

The Administrative Assistant, before entering upon the duties of his office, shall file with the City a bond in the amount of fifty thousand dollars ($50,000.00); such bond shall be approved by the Board of Aldermen and such bond shall insure the City of Marble Hill, Missouri, for the faithful and honest performance of the duties of the Administrative Assistant of the City of Marble Hill and for rendering a full and proper account to the City of Marble Hill for funds and property which shall come into the possession or control of the Administrative Assistant. The cost of such bond shall be paid by the City of Marble Hill, however, should the Administrative Assistant be covered by a blanket bond to the same extent such individual bond shall not be required.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.060: Compensation

The Administrative Assistant shall receive such compensation as may be determined from time to time by the Board of Aldermen and such compensation shall be payable semi-monthly.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.070: Removal of Administrative Assistant

The Administrative Assistant shall serve at the pleasure of the appointing authority. The Mayor, with the consent of a majority of the Board of Aldermen, may remove the Administrative Assistant from office at will, and such Administrative Assistant may also be removed by a (local preference) vote of the Board of Aldermen independently of the Mayor's approval or disapproval. If requested, the Mayor and the Board of Aldermen shall grant the Administrative Assistant a public hearing within thirty (30) days following notice of such removal. During the interim, the Mayor, with the approval of a majority of the Board of Aldermen, or by (local preference) vote of the Board of Aldermen without the Mayor's approval, may suspend the Administrative Assistant from duty, but shall continue his salary for two (2) calendar months following the final removal date, provided however, that if the Administrative Assistant shall be removed for acts of dishonesty or acts of moral turpitude, such salary shall not be continued.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.080: Duties

A. Administrative Office. The Administrative Assistant shall be the chief administrative assistant to the Mayor and as such shall be the administrative officer of the City Government. Except as otherwise specified by ordinance or by the law of the State of Missouri, the Administrative Assistant shall coordinate and generally supervise the operation of all departments of the City of Marble Hill, Missouri.

B. Purchasing. The Administrative Assistant shall be the purchasing agent for the City of Marble Hill, Missouri, and all purchases amounting to less than one thousand dollars ($1,000.00) shall be made under his direction and supervision, and all such purchases shall be made in accordance with purchasing rules and procedures approved by the Board of Aldermen.

C. Budget. The Administrative Assistant shall serve as Budget Director of the City of Marble Hill and shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and an analysis to be proposed to the Mayor and Board of Aldermen for their final approval as directed by the Code of the City of Marble Hill, for the City of Marble Hill, Missouri.

D. Annual Report. The Administrative Assistant shall prepare and present to the Mayor and Board of Aldermen an annual report of the City's affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and Board of Aldermen may require.

E. Personnel System. The Administrative Assistant shall act as the personnel officer of the City and shall recommend an appropriate position classification system and pay plan to the Mayor and Board of Aldermen. The Administrative Assistant, after consultation with department heads, shall approve advancements and appropriate pay increases within the approved pay plans and position classification system. The Administrative Assistant shall have the power to appoint and remove (in accordance with Personnel System Regulations approved by the Board of Aldermen) all subordinate employees of the City of Marble Hill. The Administrative Assistant shall make recommendations of appointment and removal of Department heads.

F. Policy Formulations. The Administrative Assistant shall recommend to the Mayor and Board of Aldermen adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the City or for the improvement of administrative services for the City.

G. Board of Aldermen Agenda. The Administrative Assistant shall submit to the Mayor and City Board of Aldermen a proposed agenda for each City Board of Aldermen meeting at least seventy-two (72) hours before the time of the regular Board of Aldermen meeting. The Mayor shall have the final control of the proposed docket.

H. Boards and Committees. The Administrative Assistant shall work with all Boards and Committees to help coordinate the work of each.

I. Attend Board of Aldermen Meetings. The Administrative Assistant shall attend all meetings of the Board of Aldermen.

J. Bid Specifications. The Administrative Assistant shall supervise the preparation of all bid specifications for services and equipment.

K. State and Federal Aid Programs. The Administrative Assistant shall coordinate Federal and State programs which may have application to the City of Marble Hill, Missouri.

L. Conference Attendance. The Administrative Assistant shall attend State and Regional conferences and programs applicable to his office, and the business of the City of Marble Hill, whenever such attendance is directed and approved by the Board of Aldermen and Mayor.

M. Press Release. The Mayor and Administrative Assistant shall be responsible for keeping the public informed in the purposes and methods of City Government through all available news media.

N. Record Keeping. The Administrative Assistant shall keep full and accurate records of all actions taken by him in the course of his duties, and he shall safely and properly keep all records and papers belonging to the City of Marble Hill and entrusted to his care; all such records shall be and remain the property of the City of Marble Hill and be open to inspection by the Mayor and Board of Aldermen at all times.

O. Maintenance. The Administrative Assistant shall be in charge of and held responsible for the proper operation of the water supply distribution system, the sewage treatment facilities and waste water collection systems, maintenance and repair of streets and sidewalks, and all other property owned by the City of Marble Hill.

P. Miscellaneous. In addition to the foregoing duties, the Administrative Assistant shall perform any and all other duties or functions prescribed by the Mayor and Board of Aldermen.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.090: Powers

A. City Property. The Administrative Assistant shall have responsibility for all real and personal property of the City of Marble Hill. He shall have responsibility for all inventories of such property and for the upkeep of all such property. Personal property may be sold by the Administrative Assistant only with approval of the Board of Aldermen. Real property may be sold only with the approval of the Board of Aldermen by resolution or ordinance.

B. Set Administrative Policies. The Administrative Assistant shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority, and he shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service except those prescribed by the Board of Aldermen.

C. Investigate and Report. The Administrative Assistant shall have the power to investigate and to examine or inquire into the affairs or operation of any department of the City under his jurisdiction, and shall report on any condition or fact concerning the City Government requested by the Mayor or Board of Aldermen.

D. Appear Before the Board of Aldermen. The Administrative Assistant shall have the power to appear before and address the Board of Aldermen at any meeting.

E. At no time shall the duties or powers of the Administrative Assistant supersede the action by the Mayor or Board of Aldermen.
(Ord. No. 94-16 §1; 5-16-94)

Section 165.100: Interference by Members of the Board of Aldermen

No member of the Board of Aldermen shall directly interfere with the conduct of any department or duties of employees subordinate to the Administrative Assistant except at the express direction of the Board of Aldermen, or with the approval of the Administrative Assistant.
(Ord. No. 94-16 §1; 5-16-94)

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Title II. Public Health, Safety and Welfare

State References: Missouri Revised Statutes - TITLE XII: PUBLIC HEALTH AND WELFARE

Chapter 200: CHIEF OF POLICE AND CITY POLICEMEN

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Section 200.010: Generally

This Chapter consists of the rules and regulations for the operation of the Police Department of this City. To the extent that this Chapter conflicts with the provisions of Chapter 130 (relating to Personnel) this Chapter shall prevail. To the extent that regulations promulgated by the Mayor or by the Chief of Police under the authority of this Chapter, conflict with the provisions of Chapter 130 (relating to Personnel), then Chapter 130 shall prevail.
(Ord. No. 80-10 §1; CC §71.010)

Section 200.020: Chief of Police-Authority

The Chief of Police is the director of the Police Department. He shall have immediate and direct control of the department, subject to the supervision of the Mayor, and subject to such other rules, regulations and orders as the Mayor may prescribe. He shall promulgate and enforce orders, rules and regulations (consistent with this Code and with the rules, regulations and orders of the Mayor) for the efficient operation of the Police Department.
(Ord. No. 80-10 §1; CC §71.020)

Section 200.030: Assignment of Patrolmen

Assignment of a patrolman is at the discretion of the Chief of Police. For the purpose of this Chapter, all police (including Chief of Police) are considered patrolmen.
(Ord. No. 80-10 §1; CC §71.040)

Section 200.040: Patrolmen — Duties

Each patrolman shall:

Be familiar with every part of town, observing anything unusual to assist in the prevention of crime.
Not leave the City limits while on duty except in cases of emergency and in such cases must report of the same with the City Clerk or to the Mayor.
Enforce all traffic ordinances in addition to his other duties.
Observe and report all violations of City ordinance and State law.
Be responsible for the care and operation of the vehicle assigned to him.

(Ord. No. 80-10 §1; CC §71.050)

Section 200.050: Special Duties at Public Meetings

It is hereby made the duty of the Police Officers of this City, when directed so to do by the Mayor or acting mayor of said City to enter into and be present at all public, semi-public or private meetings held or conducted in said City at any public meeting hall or other place of assembly commonly used for public, semi-public or private meetings and gatherings and to preserve order at such meetings and to see that the fire regulations of said City are enforced.

The Mayor, or acting Mayor, may in his discretion deputize as special Police Officers for the purpose of this Section such number of citizens as in his judgment may be sufficient for the purposes specified herein to attend and be present at such meetings and gathering places commonly used for public, semipublic or private gatherings. Such persons so deputized by the Mayor shall serve only for the occasion of their specific appointment.
This Section shall not apply to any gathering held in a private home nor to any church or other purely religious gathering.

(Ord. No. 80-10 §1; CC §71.055)

Section 200.060: Standard of Conduct

Any of the following is sufficient cause for the suspension or discharge of any member of the Police Department:

Drinking intoxicating liquor while on duty or in uniform.
Intoxication while either on or off duty.
Willful disobedience to any order lawfully issued to him.
Disrespect shown to the Mayor or an Alderman.
Incompentency in the performance of duties.
Any neglect of duty.
Making known any investigation or proposed movement of the department to any person not a member of the department or the Board of Aldermen, or for discussing the affairs of the department, in a manner likely to disrupt the movement or discipline of the department, with any person not a member of the department or the Board of Aldermen.
Unnecessary and unwarranted violence toward a prisoner.
Cowardice or for lack of energy which may be construed as either incompetency or gross neglect of duty.
Sleeping while on duty.
Violating any of the rules, regulations, or orders of the department or of the Mayor, if same be in writing.
Indecent, profane or harsh language while on duty or in uniform.
Absence without leave.
Conduct unbecoming an officer or a gentleman, whether on duty or off.
Conduct detrimental to the good order and discipline of the department.
Careless handling of City property, either fixed or movable.
Conviction of any felony or misdemeanor.
Repeated violation of City ordinances.
Failure to cooperate with the City prosecutor in the preparation or trial of any case, or for providing assistance to a defendant or defense counsel in any legal action brought by the City.
Loss of firearm or other weapon while on duty.

(Ord. No. 80-10 §1; CC §71.060)

Section 200.070: Right of Appeal

The right of appeal granted City employees by Section 130.130 (7) et seq. is expressly preserved for members of the department.
(Ord. No. 80-10 §1; CC §71.070)

Section 200.080: Conduct and Deportment

All members of the department shall be quiet, civil, and orderly in their conduct and deportment, and shall at all times be attentive and zealous in the discharge of their duty, controlling their temper and exercising the utmost patience and discretion. They shall answer any questions put to them with all possible correctness and courtesy (not in a short or careless manner), avoiding at all times unnecessary conversation or argument.
(Ord. No. 80-10 §1; CC §71.080)

Section 200.090: Disturbances

Any member of the department shall go instantly to the scene of any disturbance or breach of the peace occurring within his vicinity use his best effort to restore peace and quiet, making such arrests as may be necessary, and notify and make necessary reports to the police department.
(Ord. No. 80-10 §1 CC §71.090)

Section 200.100: Truthfulness of Members

All members of the department are required to speak the truth at all times, and under all circumstances, whether under oath or not. If forbidden by the rules of the department to divulge information, they will state "No comment".
(Ord. No. 80-10 §1; CC §71.100)

Section 200.110: Members to Give Name

Any member of the department, when called upon to do so by any person under any circumstances shall give his name in a respectful and courteous manner.
(Ord. No. 80-10 §1; CC §71.110)

Section 200.120: Cooperation

Every member of the department is expected to discharge his duties with coolness and firmness in all cases; and in times of extreme peril all available officers shall act together and assist and protect each other in restoring peace and order. Anyone shirking his duty in case of danger or responsibility in an emergency shall be considered unworthy of a place in the department, and may be discharged.
(Ord. No. 80-10 §1; CC §71.130)

Section 200.130: Members to Use Judgment

All members of the department shall be particularly careful not to interfere officiously or unnecessarily in the private business of any person, but when required to act in the discharge of their duty they shall do so with energy and decision, and in the proper exercise of their authority they will receive the fullest support of the department.
(Ord. No. 80-10 §1; CC §71.140)

Section 200.140: Testimony

Officers shall appear in court on any case in which they are witnesses. If duty demands their absence from the Municipal Court, they shall report the matter to the Chief of Police in order that the case may be continued. Officers on the witness stand, in response to questions asked, will state in clear and distinct words, truthfully, all they know regarding a matter, without fear or reservation and without any desire or design to influence the result.
(Ord. No. 80-10 §1; CC §71.150)

Section 200.150: Members Will Be Familiar With Rules, Etc.

Each member of the department will be furnished with a copy of any rules, regulations, and orders issued by the Chief of Police or the Mayor, which he shall keep in his possession, and with which he shall be familiar at all times.
(Ord. No. 80-10 §1; CC §71.180)

Section 200.160: Regulations Concerning Uniform

A. Every member of the department shall wear the uniform as the Mayor may from time to time prescribe. They shall, when on duty, carry such equipment as the Mayor may prescribe or adopt and when in uniform, keep their badge always in sight. No member of the department shall ever appear for duty in civilian clothing without special permission of the Mayor.

B. No member of the department shall ever wear his uniform or any part of it when off duty, except with the express permission of the Mayor.

C. All members of the department will be required to be neat in appearance and keep their uniforms and equipment in good condition and in perfect order and repair.
(Ord. No. 80-10 §1; CC §§71.190-71.210)

Section 200.170: Restrictions Applying to Suspended Officers

No member of the department shall wear his uniform or carry a pistol while under suspension for any cause; and such — member shall immediately surrender his badge and police identification to the Mayor when notified of his suspension.
(Ord. No. 80-10 §1; CC §71.220)

Section 200.180: Duty Hours

Although certain hours are required for the performance of duty on ordinary occasions, members must be prepared at all times to act immediately on notice that their service is required. Members of the department shall be considered as always on duty for the purpose of discipline. The hours of duty will be regulated by the Mayor.
(Ord. No. 80-10 §1; CC §71.230)

Section 200.190: Police Vehicles

Police Officers are not to use police vehicles except in the discharge of their duties. Police vehicles are not available for personal use.
(Ord. No. 80-10 §1; CC §71.240)

Section 200.200: Duty to Preserve Peace

Although regular hours of duty shall be assigned to all members of the department it shall be the duty of every officer of the department, at all times, day or night, within the City, to preserve the public peace, protect the rights of persons and property, guard the public health, preserve order atoll elections and public assemblies; prevent and remove, if possible, nuisances on and in all streets, highways, areas, alleys, and other places, and enforce the criminal law of the State of Missouri and the ordinances of the City.
(Ord. No. 80-10 §1; CC §71.250)

Section 200.210: Use of Unnecessary Violence Toward Prisoners

No officer shall willfully mistreat or use unnecessary violence toward any person, prisoner, or otherwise. He shall not strike any prisoner except as a last resort in an effort to overcome resistance or prevent escape.
(Ord. No. 80-10 §1; CC §71.260)

Section 200.220: Qualifications for Police Officers

All full-time Police Officers employed by the City shall be between the ages of twenty-one (21) years of age and sixty- five (65) years of age. They shall be of good moral character and shall not have been convicted of any misdemeanor or felony. They shall be able to write legibly and shall furnish at least three (3) good character references. A written examination for any applicant for Police Officer for the City shall be discretionary with the Board of Aldermen. Any permanent Police Officer so employed shall reside within the City. Any of these qualifications may be waived by the Board of Aldermen by resolution.
(Ord. No. 80-10 §1; CC §71.270)

Section 200.230: Bond

Within fifteen (15) days of appointment, and before entering upon the discharge of the duties of his office, each Police Officer shall execute to the City a bond in the sum of five thousand dollars ($5,000.00). The cost of said bond shall be paid by the City.
(Ord. No. 80-10 §1; CC §71.275)

Section 200.240: Police Officers May Respond in an Emergency Situation Outside City Limits

A. Any Police Officer of the City of Marble Hill, Missouri, who has completed the basic training program as established by Chapter 590 of the Revised Statutes of Missouri shall have the authority to respond to an emergency situation outside the boundaries of the City of Marble Hill; provided however, that such authorization to respond shall exist only within the jurisdictions described in Section C below. As provided herein, “emergency situation” means any situation in which the Police Officer has a reasonable belief that a clime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest, and the officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the officer.

B. The term response, as used in this Section shall mean to take any and all action which the Police Officer may lawfully take as if exercising normal powers within the City of Marble Hill.

C. The authority contained herein shall permit the response by one or more City of Marble Hill Police Officers in any of the following jurisdictions within the State of Missouri until the emergency situation has been adequately taken into control, in the discretion of the officer, by another appropriate jurisdiction: Bollinger County, Missouri.

D. Every response to an emergency situation outside the City limits of Marble Hill, Missouri, shall be reported by the Chief of Police to the Mayor, with an explanation of the reason for the response.
(Ord. No. 88- 15 §§1-4)

Section 200.250: Use of Excessive Force During Non-violent Civil Rights Demonstrations-penalty

A. The following rules and regulations are hereby adopted to limit the use of excessive force. The City of Marble Hill, Missouri hereby adopts and will enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations.

B. Any person found to be violating any provision of this Section shall be served by the City with written notice stating the nature of the violation.

C. Any person guilty of this violation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

D. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.
(Ord. No. 91-1 1 §§1-4, 5-13-91)

Chapter 205: FIRE DEPARTMENT AND FIRE PREVENTION CODE

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Section 205.010: Fire Department Established-composition

There is hereby established a Fire Department for the City, which shall consist of a Chief and such organized volunteer firemen as may be enrolled by the Chief with the consent of the Mayor.
(Ord. No. 80-10 §1; CC §70.010)

Section 205.020: Fire Department-Duties

The Fire Department shall have charge of the fire apparatus and shall keep the same in good order for immediate use, and for more effectually perfecting the firemen in discharge of their duties shall as Often as practicable thoroughly test the condition of the fire fighting apparatus. Upon arrival at any fire, the members present shall take all necessary and proper action to extinguish such fire as quickly as possible and with the least damage possible. The department shall take all reasonable steps necessary under the circumstances to prevent the spread of the fire and damage to adjoining property.
(Ord. No. 80-10 §1; CC § 70.020)

Section 205.030: Rural Fire Association (Reserved)

Section 205.040: Fire Chief Authorized to Assist Another City

The Chief of the Fire Department of the City of Marble Hill, Missouri, is hereby authorized and empowered, with the approval of the Board of Aldermen of said City of Marble Hill, to send such firefighting equipment and personnel from the Fire Department owned and operated by the City of Marble Hill to the assistance of any City or Cities in the case of a major conflagration or disaster, in the event of a call for assistance from any City or Cities, whenever in his best judgment same can be safely spared from the City of Marble Hill at the time and under the circumstances.
(Ord. No. 80-10 §1; CC §70.035)

Section 205.050: Adoption of Fire Prevention Code (Reserved)

Section 205.060: Compensation for Volunteer Fire Fighters

A. The Volunteer Fire Department of the City of Marble Hill shall consist of not more than thirty (30) Volunteer Fire Fighters who shall be eligible for compensation from the City of Marble Hill, in addition to the City Fire Chief.

B. The Fire Chief of the City of Marble Hill, Missouri, shall keep an accurate record of the attendance of the Volunteer Fire Fighters to fire meetings and shall further keep an accurate record of Volunteer Fire Fighters of the City of Marble Hill who shall answer a call for fire which occurs within the corporate City limits of the City of Marble Hill, Missouri. The Fire Chief shall submit said attendance records to the City Clerk on a basis of at least once per calendar quarter. The Volunteer Fire Fighters shall be entitled to compensation at the rate of ten dollars ($10.00) per meeting and fire call answered for all fires which occur within the corporate City limits of the City of Marble Hill, Missouri.
(Ord. No. 93-6 §§1-2, 5-24-93)

Chapter 210: SOLID WASTE MANAGEMENT	Return to the Top
Cross Reference As to utility bills paid with insufficient funds and post-dated checks, penalty for same, see §100.100 of this code.

Section 210.010: Definitions

For the purposes of this Chapter the following terms shall be deemed to have the meaning indicated below:

A. APPROVED INCINERATOR: An incinerator which complies with all current regulations of the responsible local and State air pollution control agencies.

B. BULKY RUBBISH: Non-Putrescible solid wastes consisting of combustible and non-combustible waste materials or either of them, from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefore.

C. CITY: The City of Marble Hill, Missouri.

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

E. DEMOLITION AND CONSTRUCTION WASTE: Waste materials from the construction or destruction of residential, industrial or commercial structures.

F. DIRECTOR: The Director of the Solid Waste Management Program of the City, or his authorized representative.

G. DISPOSABLE SOLID WASTE CONTAINERS: Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.

H. 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.

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

J. HAZARDOUS WASTES: Including but not limited to: Pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

K. MULTIPLE HOUSING FACILITY: A housing facility containing more than one dwelling unit under one roof.

L. 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.

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

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

O. REFUSE: Solid waste.

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

Commercial solid waste—solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units.
Residential solid waste-solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than two (2) dwelling units.

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

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

S. SOLID WASTE MANAGEMENT: The entire solid waste system of storage, collection, transportation, processing and disposal.

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

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

V. YARD WASTE: Grass clippings, leaves, tree trimmings.
(MH/Ord. No. 75-2 §1)

Section 210.020: Solid Waste Storage

A. The occupant of every dwelling unit and of every institution, commercial or business, industrial or agricultural establishment 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 establishment or either of them; and to maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.

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

C. Residential solid wastes shall be stored in containers of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leak proof, waterproof, and fitted with a fly- tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and 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. Disposable solid waste containers with suitable frames or containers as approved by the Director 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 Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 210.070.

E. Tree limbs less than four inches (4") in diameter and brush shall be securely tied ini bundles not larger than forty- eight inches (48") long and eighteen inches (18") in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.

F. Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.

G. Solid waste containers which are not approved will be collected together with their contents and disposed of.
(MH/Ord. No. 75-2)

Section 210.030: Collection of Solid Waste

A. The City shall provide for the collection of all 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.

B. All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein, provided however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the Director, as hereinafter provided. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

C. Tree limbs and yard wastes, as described in Section 210.020 (E,F) respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.

D. Bulky rubbish shall be collected by request to the Director. The Director shall establish the procedure for collecting bulky rubbish.

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 rebuked by this Chapter. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval by the Director.

F. The following collection frequencies shall apply to collections of solid waste within the City:
a. All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. At least one hundred and twenty (120) hours shall intervene between collections. All commercial solid waste shall be collected at least once weekly, and shall be collected at such lesser intervals as may be fixed bt the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.

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

H. Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 210.020 (C,D,E and F) 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.
(MH/Ord. No. 75-2 §3)

Section 210.040: 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 water-tight 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 alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.

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 Sections 210.050 and 210.060.
(MH/Ord. No. 75-2 §4)

Section 210.050: Disposal of Solid Waste

A. Solid wastes shall be deposited at a processing facility of disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management law of 1972, Sections 260.200 to 260.245, RSMo. 1973 Supplement and the rules and regulations adopted there under.

B. The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.
(MH/Ord. No. 75-2 §5)

Section 210.060: Permits

A. No person 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 therefore from the City) provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.

B. No such permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the Director evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than fifty thousand dollars ($50,000.00) for each person injured or killed, and in the amount of not less than one hundred thousand dollars ($ 100,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than fifty thousand dollars ($50,000.00) for damage to property. Should any such policy be cancelled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten ( 10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

C. Each applicant for any such permit shall state in his application therefore;

The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed, or disposed)
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection area; and 6. Such other information as required by the Director.

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 in conformity with the laws of the State of Missouri and this Chapter, the Director shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year. If in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

E. If the applicant does not make the modifications pursuant to the notice in Subsection D 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 create no public health hazard or be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply—after the rejection of his application provided that all aspects of the reapplication comply with the provisions of this Chapter.

F. The annual permit may be renewed simply upon re-application 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 this Chapter shall be transferable from person to person.

G. In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management within the City of Marble Hill. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the Director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

H. In all cases, when the corrective measures have not been taken within the time specified, the Director 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 no public health hazard created by the delay, one 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 Director may, within thirty (30) days of the act for which redress is sought appeal directly to the Circuit of Bollinger County, Missouri, in writing, setting forth in a concise statement the act being appealed and grounds for its reversal.
(MH/Ord. No. 75-2 §6)

Section 210.070: Rules and Regulations

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

Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Pacifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection and transportation of solid waste.
Collection points of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludge's, 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 and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and disposal service charges, or either of them hereinafter provided for.

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.
(MH/Ord. No. 75-2 §7)

Section 210.080: Prohibited Practices

It shall be unlawful for any person to:

Deposit waste in any solid waste container other than his 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;
Fail to pay the service charge levied in accordance with Section 210.090 of this Chapter for solid waste collection and disposal;
Interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, or those of a solid waste collection agency operating under contract with the City;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Department of Natural Resources;
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 perm it has been suspended or revoked.

(MH/Ord. No. 75-2 §8)

Section 210.090: Service Charges

A. That the residential rates for the residential solid waste customers shall be six dollars and fifty cents ($6.50) per month.

B. For the purposes of this Section small commercial user classes shall be defined as follows:

A Class "A" user shall be defined as a commercial entity who generates less than an average of six (6) bags per week and who is not using a dumpster; and
A Class "B" user shall be defined as a commercial entity who generates an average of more than five (5) bags per week but less than an average of eleven bags per week and who is not using a dumpster; and
A Class "C" user shall be defined as a commercial entity who generates an average of more than ten (10) bags per week and who is not using a dumpster; and
A Class "D" user shall be defined as any multi-unit residential user (i.e. - an apartment building complex) which said multi-unit user does not have individual meters for the respective units and for which said multi-unit for purposes of rate determination shall count each individual occupancy or apartment unit as one separate unit, whether occupied or not and apartment unit as one separate unit, whether occupied or not and which said figure shall be multiplied by the appropriate charge as set forth elsewhere in this Section (i.e. For a multi-unit complex of ten (10) apartments, said base rate shall be ten (10) times the appropriate monthly rate.)
Large commercial users shall be defined as those commercial users who will collect their solid waste by use of dumpsters.

C. For small commercial customers of solid waste in the City of Marble Hill, Missouri, the rate shall be as follows:

Class "A" users - $15.50 per month; and
Class "B" users - $30.00 per month; and
Class "C" users - $50.00 per month; and
Class "D" users - $ 6.50 per unit.
Large commercial customers using dumpsters shall be assessed the following monthly charges:
a. Those large commercial customers requiring one pickup per week - $40.00 per month; and
b. Those large commercial customers requiring two pickups per week - $57.50 per month; and
c. Those large commercial customers requiring three pickups per week - $75.00 per month; and
d. All schools shall be charged $85.00 per month.

D. All large commercial customers using multiple dumpsters shall be assessed monthly charges at the rate of the number of dumpsters times that rate for that number of pickups required by that commercial. For example, a commercial customer having two pickups per week with two dumpsters would pay a monthly charge of one hundred and fifteen dollars ($115.00).

E. Any residential customer who produces an average of more than three (3) bags per week of solid waste shall be assessed an additional charge in the amount of two dollars ($2.00) per month per additional bag based upon a monthly average.

F. All church or religious related buildings excluding church residential property which shall be treated as residential customers shall be assessed a rate of six dollars ($6.00) per month.

G. That any business activity, either commercial or personal services which does not have a trash dumpster shall not be required to pay any solid waste assessment unless the gross receipts, which shall include receipts from all sales of any items together with all amounts payable for labor or other personal services shall exceed the sum of three thousand dollars ($3,000.00).
(Ord. No. 89-18 §§1-6; Ord. No. 89-31 §1)

Section 210.100: Penalties

Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
MH/Ord. No. 75-2 §10)

Chapter 215: LITTER

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Section 215.010: Definitions

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

A. SOLID WASTE: Any useless, unwanted, or discarded materials which are not discharged directly into the atmosphere or the sanitary sewer system.

B. GARBAGE: Waste from the preparation, cooking, and serving of food or from handling, storage and sale of produce and meat.

C. LIFTER: Rubbish, straw, hay, grass, paper, lumber, scrap lumber, debris, junk, cardboard, glass, metal objects, used and discarded auto parts, tires, stoves, refrigerators, or other large appliances, large crates, tree branches or abandoned or discarded automobiles, manure, crop residue, dead animals, or any other item which is unwanted, useless, or discarded.
(Ord. No. 80-10 §10; CC §64.010)

Section 215.020: Litter in Public Places

No person shall throw or deposit solid waste, garbage or litter, including melon rinds, eggs, banana peelings, vegetables, paint, food coloring, ink, or other substance which mare or defaces, in or upon any street, sidewalk or public place in the City except in public receptacles or authorized private receptacles.
(Ord. No. 80-10 §1; CC §64.020)

Section 215.030: Manner of Disposing

Persons placing solid waste, garbage or litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. No. 80-10 §1; CC §64.030)

Section 215.040: Sweeping Solid Waste, Garbage, or Litter Into Public Places

No person shall sweep into or deposit in any gutter, street, or other public place within the City of Marble Hill the accumulation of solid waste, garbage, or litter from any building or lot or from any public or private sidewalk or driveway.
(Ord. No. 80-10 §1; CC §64.040)

Section 215.050: Burning Litter, Etc., Prohibited

No person shall burn any litter in any street, gutter, or other public place within the City.
(Ord. No. 80-10 §1; CC §64.050)

Section 215.060: Sidewalks to Be Kept Free of Litter

Persons owning or occupying property shall keep the sidewalk in front of their premises free of solid waste, garbage, or litter. Persons owning or occupying places of business within the City shall keep the front of their business premises free of solid waste, garbage or litter.
(Ord. No. 80-10 §1; CC §64.060)

Section 215.070: Littering By Persons in Vehicles

No person, while a driver or passenger in a vehicle, shall throw or deposit solid waste, garbage or litter upon any street or other public place within the City, or upon any private property. No driver of any vehicle shall allow any passenger in that vehicle to throw or deposit solid waste, garbage or litter upon any street or other public place within the City, or upon private property.
(Ord. No. 80-10 §1; CC §64.070)

Section 215.080: Transportation of Solid Waste, Garbage or Litter

No person shall drive or move any truck or any other vehicle hauling or transporting solid waste, garbage, or litter within or about the City unless such vehicle is so constructed and the load secured so as to prevent any of the contents therein being blown, dropped or deposited upon any street, alley or other public place.
(Ord. No. 80-10 §1; CC §64.080)

Section 215.090: Solid Waste, Garbage, or Litter on Any Private Premises

No person shall throw or deposit solid waste, garbage, or litter upon any private property within the City, whether owned by such persons or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such manner that solid waste, garbage, or litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place, or upon any private property owned by another.
(Ord. No. 80-10 §1; CC §64.090)

Section 215.100: Penalty

Each person who shall fail, neglect, or refuse to comply with the provisions of this Chapter shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished with a fine of not less than five dollars ($5.00) nor more than three hundred dollars ($300.00), or by imprisonment in a City Jail for a period of not more than thirty (30) days or by both such fine and imprisonment.
(Ord. No. 80-10 §1; CC §64.100; Ord. No. 94-29 §1; 7-11-94)

Chapter 220: NUISANCES

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Section 220.010: Definitions

Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Chapter:

A. Debris: 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, and/or any flammable material, household appliances including but not limited to refrigerators, deep freezes, microwaves, televisions, stoves, ranges and ovens, and non-working, damaged, or disabled vehicles. The word "debris" also includes any other material which is found on any lot or land that is unhealthy or safe, provided (1) that it is described in detail in the notice that is required in Sections below, and (2) that the definition is not challenged by requesting a formal hearing as provided in Sections below.

B. Vehicle: Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides, including but not limited to automobiles, trucks, trailers, motorcycles, tractors, buggies, and wagons, or any part thereof.

C. Damaged or Disabled Vehicle: Any vehicle which is not registered or improperly registered with the State of Missouri; has been inoperable for more than seventy-two (72) hours or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business; or in a duly licensed automobile junking yard.
(Ord. No. 11-10 §2; 11-14-11)

Section 220.020: Debris A Public Nuisance

Any condition on any lot or land that has the presence of debris of any kind is hereby declared to be a public nuisance, subject to abatement.
(Ord. No. 11-10 §3; 11-14-11)

Section 220.030: Notice

Enforcement of this ordinance shall be the responsibility of the Marble Hill Police Department with the assistance of the Administrative Assistant and the Alderman who oversees the police department when necessary. Enforcement shall commence by providing notice to the owner of the property (real or personal, in the case of a vehicle) of the nuisance condition existing on his/her/its property. The notice may be delivered by personal service, by certified mail, or by ordinary mail or by posting at said residence. (If sent by ordinary mail, there will be a refutable presumption that the letter was delivered 5 days after the date it was sent.)

A. The notice shall generally describe the nature of the nuisance, the location of the property (using the mailing or popular address rather than a legal description, when reasonably possible to do so), and informing the property owner that a hearing will be held in ten (10) days and must include the time and place of said hearing. The Administrative Assistant shall conduct the hearing. Should the Administrative Assistant be unable or unwilling for any reason to conduct said hearing, then the Alderman who has been appointed to oversee the police department shall conduct the hearing.
(Ord. No. 11-10 §4; 11-14-11)

Section 220.040: Abatement of Nuisance

A. After the hearing described in Section 220.030, a nuisance may be declared if the hearing officer sees fit. If a nuisance is declared, it shall be ordered that the property owner abate said nuisance within five (5) days.

B. If the nuisance is present on the property five (5) days after the hearing, the enforcement officer shall cause the same to be abated. (The costs of abatement may include a fee for the city's costs in administering this ordinance, which fee shall not exceed $500.00.) The enforcement official shall verify the cost of such abatement to the city clerk or other officer in charge of finance who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill and/or cause a lien to be placed on the subject property, at the collecting official's option, and may be collected in the same manner and procedure as for collecting real estate taxes.

The cost to be assessed for the cutting and removal of weeds or the removal of other debris shall be at the following rate: $30.00 per hour for each individual performing such work.

C. In the case of damaged or disabled vehicles, or junk automobiles, if the vehicle is not removed in the time specified at the hearing, the vehicle or junk shall be transported to a storage area by or at the direction of the Chief of Police or his duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least ninety (90) days, and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the ninety (90) day period, the Chief of Police may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof, and any excess held in escrow or returned to him.
(Ord. No. 11-10 §5; 11-14-11)

Section 220.050: Notice of Sale

Prior to the sale of any property obtained by the City through the use of this chapter, the Chief of Police shall cause to be posted in the City Hall, place of Storage and at least one other public place in the City, a notice of sale stating:

The City is selling abandoned property;
The color, make, year, motor number, and serial number, if available, and any other information necessary for an accurate identification of the property;
The terms of sale;
The date, time and place of the sale.

This notice shall be published not less than ten (10) nor more than twenty (20) days prior to the date of the sale.
(Ord. No. 11-10 §6; 11-14-11)

Section 220.060: Violation Is An Offense

A. An owner who fails to remove a nuisance within five (5) days of a hearing that results in a nuisance being declared shall be guilty of an offense and may (at the option of the city) be charged in municipal court with the offense of "failure to abate a nuisance."

B. The punishment range for the offense of "Failure to Abate a Nuisance" shall be up to 10 days in jail or a $1,000 fine.
(Ord. No. 11-10 §7; 11-14-11)

Section 220.070: Duty of Owner, Custodian, Lessee or Occupant

A. It shall be the duty of any owner, lessee or occupant of any lot, land or personal property to cut and remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of this Chapter.

B. It shall be the duty of any owner or custodian of any vehicles or other property that has received notice to comply with the provisions of the notice requiring abatement.
(Ord. No. 11-10 §8; 11-14-11)

Section 220.080: Buildings, Structures, Wells, Cisterns, and Other Systems of Water

Sections 220.090 through 220.150 shall operated exclusively and independently from the remainder of this Chapter. Sections 220.090 through 220.150 shall apply to Buildings, Structures, Wells, Cisterns, and other appurtenances of water systems only.
(Ord. No. 11-09 §§1-2; 11-14-11)

Section 220.090: Buildings, Structures, and Systems of Water as Nuisances, When

For the purposes of this Sections 220.090 through 220.150, nuisances shall be declared and defined as follows:

The maintenance of any inhabited, abandoned or vacated building, structure or appurtenance, whether commercial or residential in use or nature, is declared to be a nuisance when such inhabited, abandoned or vacated building, structure or appurtenance is:
a. In a poor state of repair or otherwise dilapidated;
b. An unreasonable fire hazard;
c. A danger to vehicular traffic or pedestrians or otherwise dangerous to life, limb or property;
d. One in which rats, mice, bugs or other vermin are allowed to accumulate or congregate.
Any wells, cisterns, or other systems of water are declared to be a nuisance when such well, cistern, or other water system is:
a. In a poor state of repair or otherwise dilapidated;
b. Is abandoned or left open so as to create a danger for someone falling in;
c. Whenever a chemical analysis shows that the water of such well or cistern is of an impure or unwholesome nature.
The nuisances described in this Section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by Statute or common law of the State is, when committed, omitted or existing within the City hereby declared to constitute a nuisance.

(Ord. No. 87-17 §1; Ord. No. 11-09 §3; 11-14-11)

Section 220.100: Buildings, Structures, and Systems of Water as Nuisances, Authority of the Board of Aldermen

A. At any time that it shall be made to appear, whether by written petition or otherwise, to the Board of Aldermen of the City of Marble Hill, that there exists within the corporate limits, a nuisance as defined by Section 220.090, the Board of Aldermen shall have the power and authority to abate such nuisance.

B. Any person who shall be designated by the Board of Aldermen for said purpose, or the board of Aldermen, may at their discretion make inspection of any business or vacant property or residential property within the City of Marble Hill to determine whether or not a nuisance exists. If there is found probable grounds to believe that a nuisance is existing or is being maintained or allowed to exist, steps shall be taken as provided for by Sections 220.090 through 220.150 of this Chapter.

C. Upon receipt of notice that there may exist a nuisance within the City of Marble Hill, the Mayor or Board of Aldermen shall cause an inspection to be made by an official of the City. If it reasonably appears to the Board of Aldermen that a nuisance exists and that, if it is not abated, the public at large or any member thereof will suffer hurt, injury or inconvenience, the Board of Aldermen shall cause a notice to be sent to the person responsible the creation or maintenance of such nuisance, notifying such person of the alleged nuisance and declaring such conditions, buildings or structures to be a nuisance.
(Ord. No. 87-17 §§2-4; Ord. No. 11-09 §4; 11-14-11)

Section 220.110: Buildings, Structures, and Systems of Water as Nuisances, Written Notice

Each notice as provided for in Section 220.100(C) shall specify that the property declared in such notice to be a nuisance is to be vacated, if such is the determination of the proper official, reconditioned or removed, and shall list a reasonable time for commencement, not less than three (3) days nor more than thirty (30) days from receipt of such notice. Such notice shall be served by either personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, service may be had by publication as in orders of publications in civil lawsuits. 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 County Recorder of Deeds, shall be made parties to this action and shall be given notice thereof.
(Ord. No. 87-17 §5; Ord. No. 11-09 §5; 11-14-11)

Section 220.120: Buildings, Structures, and Systems of Water as Nuisances, Hearing

Upon failure to commence the work of reconditioning or demolition within the time specified in the notice provided for in Section 220.110, or upon failure to proceed continuously with the work without unnecessary delay, the Board of Aldermen shall call and have a full and adequate hearing upon the matter, giving the affected parties at least thirty (30) days written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard. After the hearings, if the evidence supports a finding that the condition is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, the Board of Aldermen shall issue an order making specific findings of fact based upon competent and substantial evidence, which shows the building, structure, well, cistern or water system to be a nuisance and detrimental to the health, safety or welfare of the residents of the City, and ordering the building, structure, well, cistern, or water system to be demolished and removed, or repaired. If the evidence does not support a finding that the building, structure, well, cistern or water system is a nuisance or detrimental to the health, safety or welfare of the residents of the City no order shall be issued.
(Ord. No. 87-17 §6; Revised July 8, 2002, Ord. No. 02-10; Ord. No. 11-09 §6; 11-14-11)

Section 220.130: Buildings, Structures, and Systems of Water as Nuisances, Special Tax Bill

If the Board of Aldermen issues an order whereby a building, structure, well, cistern or water system found and declared to be a nuisance is demolished or repaired, the cost of performance shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the City Collector or other official collecting taxes. 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 till paid.
(Ord. No. 87-17 §7; Ord. No. 11-09 §7; 11-14-11)

Section 220.140: Buildings, Structures, and Systems of Water as Nuisances, Appeal

Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building, structure, well, cistern or water system declared to be a nuisance pursuant to Sections 220.090 through 220.150, as shown by the land records of the County Recorder of Deeds, shall have the right of appeal from the determination of the Board of Aldermen to the Circuit Court of the County, as established in Chapter 536 of the Revised Statutes of Missouri.
(Ord. No. 87-17 §8; Ord. No. 11-09 §8; 11-14-11)

Section 220.150: Buildings, Structures, and Systems of Water as Nuisances, City May Demolish Structure, When

In cases where it reasonably appears that there is any immediate danger to the health, safety or welfare of any person, the Board of Aldermen may take emergency measures to vacate and repair or demolish a dangerous building, structure, well, cistern or water system.
(Ord. No. 87-17 §9; Ord. No. 11-09 §9; 11-14-11)

Chapter 230: PUBLIC ACCOMMODATIONS

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Section 230.010: Citation of Chapter

This Chapter shall be known as and may be cited as "The Public Accommodations Code".
(Ord. No. 80-10 §1; CC §56.010)

Section 230.020: Policy

It is hereby declared to be the policy of this City, in exercise of its licensing and police powers for the preservation of the peace and the protection of the health, welfare, and safety of its citizens to prohibit discriminatory practices in places of public accommodation within the City.
(Ord. No. 80-10 §1; CC §56.020)

Section 230.030: Discriminatory Practices Prohibited

Discriminatory practices, as hereinafter defined and established, in places of public accommodation are hereby prohibited and declared unlawful.

It shall be a discriminatory practice, directly or indirectly, to deny, refuse or withhold from any person, full and equal accommodation advantages, facilities and privileges in places of public accommodation because of race, color, religious affiliation, sex, ancestry, or national origin.
It shall be a discriminatory practice for the owner, lessee, manager, proprietor, concessionaire, custodian, agent or employee of a place of public accommodation within the City to treat any person differentially in the sale of a commodity, in the use of a facility or to segregate or require the placing of any person in any separate section of the premises, or facilities, because of race, color, religious affiliation, sex, ancestry, or national origin.
It shall be a discriminatory practice to place, post, maintain, display or circulate, or knowingly cause, permit or allow the placing, posting, maintenance, display or circulation of any written or printed advertisement, notice or sign of any kind or description to the effect that any of the accommodations, advantages or facilities of any place of public accommodations, advantages or facilities of any place of public accommodation shall be refused, withheld from, or denied to any person because of race, color, religious affiliation, sex, ancestry or national origin, or that the patronage of any person is unwelcome, objectionable, or not accepted, desired or solicited because of race, color, religious affiliation, sex, ancestry or national origin, or that any person is required or requested to use any separate section or area of the premises or facilities because of race, color, religious affiliation, sex, ancestry or national origin.
Provided, that nothing in this Section shall be construed to prohibit separate facilities for the two sexes in toilets or restrooms, where a need for privacy outweighs the Policy of equal access to places of public accommodation.

(Ord. No. 80-10 §1; CC § 56.040)

Chapter 235: FIREWORKS

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Section 235.010: Sale of Fireworks

It shall be unlawful for any person to sell or offer for sale any type or kind of fireworks or firecrackers within the corporate limits of the City of Marble Hill, except from 8:00 A.M. through 10:00 P.M. of each day from and beginning on the twenty-fifth (25th) day of June through and including the seventh (7th) day of July of each year, except for the Fourth (4th) of July, on which date the closing time shall be 11:00 P.M., during which time fireworks and firecrackers may be sold within the corporate limits of the City of Marble Hill, Missouri.
(LU/Ord. No. 84-40; Ord. No. 94-25, §16-23-94)

Section 235.020: Discharge Prohibited in Certain Areas and at Certain Times

It shall be unlawful for any person to discharge or shoot any type of firework or firecrackers within the corporate limits of the City of Marble Hill, Missouri, except as follows:
From 8:00 A.M. to 10:00 P.M. beginning the twenty-fifth (25th) day of June through and including the seventh (7th) day of July, on private property only.
It shall be unlawful for any person to discharge or shoot any type of fireworks or firecracker on any public street, public sidewalk, public park, or from any motor vehicle, moving or parked, or within the business district of the City, except, that the Board of Aldermen may permit the discharge or shooting of fireworks on public property if the same is sponsored and conducted by a locally approved organization.
It shall be unlawful for any person to discharge or shoot any type of fireworks or firecrackers across or along any public street.
It shall be unlawful for any person to discharge or shoot any type of fireworks or firecrackers into or onto any building or property without the express consent of the owner thereof.
It shall be unlawful for any person to discharge or shoot any type fireworks at another person, or at any animal, or at any motor vehicle.

(LU/Ord. No. 84-30; Ord. No. 94-24 §1; 6-15-94)

Chapter 240: ANIMALS AND DOGS

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Section 240.010: Definitions

OWNER: Any person, firm or corporation owning, harboring or keeping a dog, fowl or other animal.

AT LARGE: Off the premises of the owner and not under the control of the owner or a member of his immediate family or the person charged with its care either by leash or otherwise.
(Ord. No. 80-10 §1; CC §73.010)

Section 240.020: Running at Large Not Permitted

No dog, fowl, or other animal shall be permitted to run at large within the City limits of Marble Hill, Missouri.
(Ord. No. 80-10 §1; CC §73.015)

Section 240.030: Dogs, or Other Domesticated Animals Not Running at Large

The restriction imposed by Section 240.020 shall not prohibit the appearance of any dog, or other domesticated animal upon the streets or public property when such dog or domesticated animal is on a leash or is kept under the immediate control of the person charged with its care.
(Ord. No. 80-10 §1; CC §73.020)

Section 240.040: Impoundment-Notice of Impoundment, Where — Pound Fees

The Chief of Police or such other person as shall be designated by the Mayor shall impound any dog, fowl, or other animal found running at large and written notice of the impounding shall be given to the owner of such dog, fowl, or other animal, if known, and the owner, after receiving notice, shall have ten (10) business days to claim such dog, fowl, or other animal and to pay pound fees. If the owner is unknown, such officer shall post notice at the pound and at the City Hall that if the dog, fowl or other animal is not claimed by a certain time and date, said time and date being ten (10) business days after the impoundment, the said dog, fowl or other animal will be killed. If such dog, fowl or other animal is not claimed within the time specified and all fees and charges paid, the Chief of Police or such other person designated by the Mayor shall kill such dog, fowl or other animal and dispose of its carcass. The impounded dog, fowl or other animal shall be housed and fed in a humane manner at the pound. An impounding fee of twenty- five dollars ($25.00) shall be charged for any dog, fowl or other animal held at the pound.
(Ord. No. 87-5 §1; Revised April 13, 2009, Ord. No. 09-04)

Section 240.050: Notice of Impounding

Upon taking up and impounding any dog, fowl or other animals and if the owner is unknown, the officer impounding such dog, shall immediately post at the pound and at the City Hall a notice of impounding in substantially the following form:

NOTICE OF IMPOUNDING (DOG) (FOWL) (DESCRIPTION OF SUCH OTHER ANIMAL) Date:
Date:

To whom it may concern:
I have this day taken up and impounded in the Pound of the City of Marble Hill, Missouri, a ________________ answering to the following description:
Sex Color
Breed Approximate Age

Name of Owner

Notice is hereby given that unless said ____is claimed and redeemed on or before ____o'clock, ___-M. on the day of ______, 20___, the same will be sold or killed as provided by Ordinance.
(Ord. No. 80-10 §1; CC §73.040)

Section 240.060: Pound Location-pound Master Section

The City Pound shall be located at ____. The Chief of Police or such other person as designated by the Mayor shall be the Pound Master and shall attend to the maintenance of such pound, and presenting a proper claim to the Board monthly for the necessary expenses which he may incur in so doing, and if allowed by the Board, shall be paid by the Treasurer.
(Ord. No. 80-10 §1; CC §73.040)

Section 240.070: Barking or Crying Dogs

A. No person shall keep or harbor a dog which habitually barks or cries between the hours of 10:00 P.M. and 6:00 A.M.

B. Whenever any person shall complain to the police department that a dog, which habitually barks, howls or yelps, or a cat, which habitually cries or howls, is being kept by any person in the city, the police department shall notify the owner of such dog or cat that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping or crying.

C. If the warning given to the person alleged to be keeping a dog or cat as set forth in (A) above is ineffective, then a verified complaint of at least two (2) citizens, not from the same family, may be presented to the police department, alleging that a vicious dog or a dog which habitually barks, howls or yelps, or a cat which habitually cries or howls is being kept by a person within the city. The police department shall inform the owner of such dog or cat that such petition has been received and shall cite the owner of the dog or cat for the violation alleged in the petition.
(Ord. No. 80-10 §1; CC §73.045: Revised Ord. No. 06-14: Revised Ord. No. 09-05, April 13, 2009; Amended by 06-14, July 20, 2006; Ord. No. 09-05 §1-3;)

Section 240.080: Unlawful Entry Into Pound

It shall be unlawful for any unauthorized person to break open the Pound or to attempt to do so, or to take or let out any dogs, fowls, or other animals there from, or to take or attempt to take from any officer any dog, fowl or other animal taken up by such officer in compliance with this Chapter or in any manner to interfere with or hinder such officer in the discharge of his duties under this Chapter.
(Ord. No. 80-10 §1; CC §73.050)

Section 240.090: Poisoned Meat and Substance

It shall be unlawful to throw or deposit poisoned meat or any poison or harmful substance, in any street, alley or public place, or on any private premises within the City for the purpose of destroying any dog, fowl or other animal.
(Ord. No. 80-10 §1; CC §73.055)

Section 240.100: Humane Treatment

A. It shall be unlawful to feed any animal unwholesome or unsuitable food, or unclean water to drink which is likely to cause or produce disease in the animal.

B. No person shall put any push, ashes, hot water, or other torturous materials upon, beat, wound, maltreat, torture, or inflict unnecessary pain or needlessly or cruelly maim, mutilate or kill any animal, nor shall any person give, sell, lend, barter, or otherwise knowingly furnish any instrument, means, compound or other thing to be used for the purpose of maltreating, torturing, maiming or killing any dog, fowl or other animal.
(Ord. No. 80-10 §1; CC §73.060)

Section 240.110: Disposal of Manure or Offal

Every person keeping or harboring any dog, fowl or other animal shall keep or cause to be kept all manure or offal there from which shall be deposited or accumulated from such animal, securely or closely confined in such manner as will prevent it from being scattered from such place of deposit into or upon any street, sidewalk, alley or gutter of the City; and shall so care for it as to prevent any malodorous or offensive condition to exist and to prevent any nuisance to arise there from.
(Ord. No. 80-10 §1; CC §73.065)

Section 240.120: Disposal of Dead Animals in Public Ways

A. No person shall deposit, throw or place any dead or fatally sick or injured dog, fowl or other animal, or part thereof, on any public place or private premises or in any sewer or drainage ditch.

B. It shall be the duty of the City to pick up and dispose of all dead animals and fowls on the public streets or public places.
(Ord. No. 80-10 §1; CC §73.070)

Section 240.130: Dogs-License Required

A. It shall be the duty of any person owning, controlling, possessing or having the management or care, in whole or in part, of any dog to apply to the City Clerk and obtain a dog license tag on or before the first day of July of each and every year, for which license the City Clerk is hereby authorized to charge the sum of three dollars ($3.00) annually for all types of dogs. It is hereby declared a misdemeanor for any such person to neglect, fail or refuse to pay such license fee and secure the metal tag of suitable design and inscribed with the words "Marble Hill D.L.T." with the year of the issuance and to keep the same securely attached to the animal by means of a collar or harness of substantial make and condition, said metal tag to be numbered from one (1) upwards; provided that no metal tag shall be issued unless the applicant therefore presents a certification of inoculation of such dog against rabies from a licensed veterinarian showing inoculation during the previous twelve (12) month period; provided further that such inoculation requirement shall not apply to any dog less than six (6) months of age.

B. All dogs found within the City without a license tag marked as herein provided and an inoculation tag issued by a duly licensed veterinarian showing vaccination against rabies within the previous twelve (12) months shall be considered as strays and shall be impounded in the City Pound. Notice shall be given to the owner, if known, as provided in Section 240.050. Before the owner of such dog shall be permitted to remove the dog from the Pound, the owner shall obtain a dog license tag and he shall also deposit a sufficient amount of money with the Pound Master to cover the expense of inoculation. Thereafter, the Pound Master shall take the dog to a licensed veterinarian and have the same inoculated against rabies.
(Ord. No. 80-10 §1; Ord. No. 87-25 §1; Ord. No. 88-10 §1; CC §73.075)

Section 240.140: Undomesticated Animals

No person shall own, keep, harbor or allow to be in or upon his premises any undomesticated animal.
(Ord. No. 80-10 §1; CC §73.085)

Section 240.150: Dogs, Fowls, or Other Animals Suspected of Having Rabies

Any dog, fowl or other animal which bites, scratches, or otherwise injures a person and has not been inoculated against rabies within the twelve (12) month period immediately preceding the date of the injury or is believed to have rabies or has been bitten by an animal suspected of having rabies shall be impounded in the City Pound and shall be placed under observation of a veterinarian at the expense of the owner for a period of two (2) weeks. At its own discretion, the City is empowered to have such dog, fowl or animal placed in a Veterinary Hospital or Clinic and there placed under observation for a period of two (2) weeks at the expense of the owner of such dog, fowl or other animal.
(Ord. No. 80-10 §1; CC §73.090)

Section 240.160: Rabid Dogs, Fowls, or Other Animals

All dogs, fowls or other animals which are affected with rabies shall be put to death by the Pound Master.
(Ord. No. 80-10 §1; CC §73.095)

Section 240.170: Cruelty to Animals Prohibited

No person in this City shall overdrive, overwork, torture, cruelly beat, needlessly wound or kill, or carry or transport in any vehicle or other conveyance in an inhumane manner any animal, or cause any of these acts to be done.
(Ord. No. 80-10 §1; CC §73.400)

Section 240.180: Abandonment of Animals Prohibited

No person in the City shall abandon any animal or cause any animal to be abandoned.
(Ord. No. 80-10 §1; CC §73.430)

Section 240.190: Animal Fights Prohibited

No person in the City shall maintain any place where fowl or animals are suffered to fight upon exhibition or for sport or upon any wager.
(Ord. No. 80-10 §1; CC §73.440)

Section 240.200: Wanton Poisoning of Animals Prohibited

No person in the City shall poison any dog or cat, or any other animal if known to belong to another person, or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any dog or cat, or any other animal known to belong to another person.
(Ord. No. 80-10 §1; CC §73.450)

Section 240.210: Keeping of Other Animals

No person, firm or corporation shall keep or maintain any hog or hogs, cow or cows, pony or ponies, horse or horses, sheep, goat or goats within the limits of this City.
(Ord. No. 80-10 §1; CC §73.600)

Section 240.220: Keeping of Other Animals-Nuisance

That the keeping or maintaining of such animal or animals within the limits of this City shall constitute a nuisance.
(Ord. No. 80-10 §1; CC §73.610)

Section 240.230: Violation Is a Misdemeanor

Any person, firm or corporation violating the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction shall pay a fine of not less than twenty five ($25.00) dollars or more than two hundred ($200.00) dollars.
(Ord. No. 80-10 §1; CC § 73.620)

Section 240.240: Dangerous Dogs

A. Any dog with the following characteristics shall be classified as dangerous.

Any dog 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 a dog's bite, which results in broken bones, or lacerations requiring stitches, or inpatient hospitalization. The victim receiving severe injuries, as defined above, must provide the supervisor of animal control a signed physician's statement documenting injury and treatment qualifying such as a severe injury or sign an authorization for release of such statement.
Any dog which has killed a domestic animal, livestock or poultry without provocation, while off the owner's property.
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
Any dog which has bitten a human being, without provocation, on public or private property other than the property of the owner.
Any dog 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 dog is kept.
Any dog which, when unprovoked, chases, or approaches a person upon the streets, sidewalks, or any public grounds, or a private property other than that property of the owner, in a menacing fashion or apparent attitudes of attack, regardless of whether or not a person is injured by said dog.
Any dog 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.

B. If the circumstances surrounding the classification as a dangerous dog under any of the definitions listed in Subsection A are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the City Administrator or Mayor in the absence of the City Administrator for a hearing and possible appeal.

A hearing board, consisting of the City Administrator, an Alderman appointed by the Mayor and the Chief of Police, shall be convened within ten (10) working days after receipt of a bona fide written request.
Pending the outcome of such a hearing, the dog 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.
The hearing board shall determine whether to declare the animal to be a "dangerous dog" 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.
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 Section.

C. Exemptions to Dangerous Dog Classification are as follows:

With the exception of Subsection A (1), no dog 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 dog, or was teasing, tormenting, abusing or assaulting the dog, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
With the exception of Subsection A, the animal warden 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 dog, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidence. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
Dogs owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.

D. Actions are to be taken for dangerous dogs causing severe or fatal injuries as follows:

A dog responsible for an unprovoked severe or fatal attack shall be humanely destroyed.
A dog responsible for provoked severe or fatal attack should be maintained as a dangerous dog.

E. The following actions shall be required of owners of dogs that have been declared dangerous dogs;

Any dangerous dog which bites or scratches a human being, or any dog, whose behavior immediately prior to or during an incident resulting in a human being bitten or scratched, which is determined to be dangerous, shall be impounded for ten (10) days rabies quarantine.
Any dangerous dog shall wear at all times a bright orange collar with a large brightly colored metal tag attached to the collar so the dog can readily be identified as a dangerous dog.
The owner or keeper shall notify the animal warden immediately if a dangerous dog is loose, unconfined, or missing, has attacked another animal or has attacked a human being.
The owner or keeper shall notify the animal warden within twenty-four (24) hours if a dangerous dog has died or has been sold or given away. If the dog has been sold or given away, the owner or keeper shall provide the animal warden with the name, address and telephone number of the new owner, and the new owner, if the dog is kept within the City limits of Marble Hill, Missouri, must comply with the requirements of this Chapter.
While on the owner's property, a dangerous dog 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 a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than twelve inches (12"). The enclosure must also provide protection from the elements for the dog. The enclosure, when occupied by a dangerous dog, shall not be occupied by any other animal. If the dangerous dog is a female with a litter of puppies under three (3) months of age, the puppies may occupy the same enclosure as the mother.
No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own violation. 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 dog from exiting the structure.
The owner or keeper shall display a sign on his or her premises that there is a dangerous dog 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 If posted on the kennel or pen or fenced yard of such animal.
A dangerous dog 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 dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
All owners or keepers of dangerous dogs must within ten (10) days of such declaration provide the City Administrator two color photographs (one showing the left profile, the other showing the right profile) of the animal clearly showing the color and approximate size of the animal.
It shall be unlawful for the owner or keeper of a dangerous dog within the City of Marble Hill to fail to comply with requirements and conditions set forth in this Section. Any dog found to be subject of a violation of this Section relay be, in addition to other penalties provided by this Section, 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 Section, whichever is shorter.

F. Guard Dogs.

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 (for purposes of this Section here defined as a dog not owned a governmental unit which dog is used to guard public or private property) without such dog being confined behind a fence from which it cannot escape, or within any part of a house or structure except when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure; and must not be used or maintained in a manner which, as determined by the animal warden, endangers individuals on or off the premises guarded.
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 Chapter.
All guard dogs residing in or used as such in the City of Marble Hill must be registered annually with the supervisor of animal control.

G. In addition to the other penalties described in this Section, any owner found in violation of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or can be confined in the municipal jail for a term not to exceed ninety (90) days or shall be subject to any combination of said fine or confinement in the municipal jail not to exceed the above described limits.

H. Any person desiring to keep a dangerous dog within the municipal corporate limits of the City of Marble Hill shall be required to annually license said dog and said annual licensing fee shall be twenty-five dollars ($25.00) per year and shall be due on April 1 of each year. This fee shall be in addition to the fee assessed in Section 240.130 A.
(Ord. No. 88-7 §§1-8)

Section 240.250: Certain Animals-Keeping Prohibited

It shall be unlawful to keep, harbor, own or in any way possess within the City limits of the City of Marble Hill, Missouri:

Any warm-blooded, carnivorous or omnivorous, wild or exotic animals (including but not limited to non- human primates, raccoon, skunks, foxes, and wild and exotic cats; but excluding fowl. ferrets and small rodents of varieties used for laboratory purposes;
Any animal having poisonous bites;
Any pit bull dog; provided, that pit bull dogs registered with the City on the date of publication of this Section may be kept within the City subject to the standards and requirements set forth in Section 240.260 of this Chapter. bull dog” is defined to mean:
a. The bull terrier breed of dog;
b. Staffordshire bull terrier breed of dog;
c. The American pit bull terrier breed of dog;
d. The American Staffordshire terrier breed of dog;
e. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
f. Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pitfall terriers; or a combination of any of these breeds.

(Ord. No. 90-11 §1; 7-9-90)

Section 240.260: Keeping of Registered Pit Bulls

The provisions of Section 240.250 of this Chapter are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Marble Hill on July 9, 1990. The keeping of such dogs shall, however, be subject to the following standards:

Leash and muzzle: No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement: All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the pound no less than two (2) feet. All structures erected to house pit bulls dogs must comply with all Zoning and Building Regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors: No pit bull dogs may be kept on a porch, patio or in any part of a house or structure that would allow the dog 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 dog from exiting the structure.
Signs: All owners, keepers or harborers of registered pit bull dogs within the City shall within ten (10) days of July 9, 1990), display in a prominent place on their Premises a sign easily readable by the public using the words "Beware of Dog" In addition, a similar sign is required to be posted on the kennel or pen of such animal.
Insurance: All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of July 9, 1990 provide proof to the Marble Hill City Clerk of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property ownership, keeping or maintenance of such animal Such policy will be made unless ten (10) days written notice is first given to the Marble Hill Clerk.
Identification photographs: All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of July 9, 1990 provide to the City Clerk two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.
Reporting requirements: All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of the incident, report the following information in writing to the Marble Hill City Clerk as required hereinafter:
a. The removal from the City or death of a registered pit bull dog;
b. The birth of offspring of a registered pit bull dog;
c. The new address of a registered pit bull dog owner should the owner move within the City limits.
Sale or transfer of ownership prohibited: Sale - No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to a person who does not reside within the City.
Animals born of registered dogs: All offspring born of pit bull dogs registered within the City must be removed from the City within six (6) weeks of the birth of such animal.
Irrefutable presumptions: There shall be an irrefutable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by Section 240.250 of this Chapter is in fact a dog subject to the requirements of this Section.
Failure to comply: It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the City of Marble Hill to fail to comply with the requirements and conditions set forth in Sections 240.250-240.270. Any dog found to be the subject of a violation of Sections 240.250-240.270 shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.

(Ord. No. 90-11 §2; 7-9-90)

Section 240.270: Violations and Penalties

Any person violating or permitting the violation of any provision of Sections 240.250-240.260 shall upon conviction in Municipal Court be fined a sum not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00). In addition to the fine imposed, the Court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. In addition, the Court shall order the registration of the subject pit bull revoked and the dog removed from the City. Should the defendant refuse to remove the dog from the City, the Municipal Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of Sections 240.250-240.260 continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates Sections 240.250-240.270 shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitates by the enforcement of Sections 240.250-240.270.
(Ord. No. 90-11 §3; 7-9-90)

Chapter 250: MISCELLANEOUS OFFENSES

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Section 250.010: Passing Bad Checks

A person commits the offense of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee.

If the issuer had no account with the drawee or if there were no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.
If the issuer had an account with the drawee, failure to pay the check or order within ten (10) days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge and of his knowledge that the check or order would not be aid. Written notice as used in this Subsection means notice deposited as first class mail in the United States Mail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.

(Ord. No. 80-10 §1; CC §75.010)

Section 250.020: Tampering

A person commits the offense of tampering if he:

Tampers with the property of another for the purpose of causing substantial inconvenience to that person or to another; or
Unlawfully operates or rides in or upon another's automobile, airplane, motorcycle. motorboat, or other motor propelled vehicle; or
Tampers or makes connection with property of a utility; or
Tampers with the property or facilities of an institution providing health or safety protection.

(Ord. No. 80-10 §1; CC §75.030)

Section 250.030: Property Damage

A person commits the offense of property damage if he knowingly damages property of another, or he damages property for the purpose of defrauding an insurer.
(Ord. No. 80-10 §1; CC §75.040)

Section 250.040: Trespass

A person commits the offense of trespass if he enters unlawfully upon real property of another, without license or privilege.
(Ord. No. 80-10 §1; CC §75.050)

Section 250.050: Peace Disturbance

A. A person commits the crime of peace disturbance within the City of Marble Hill, if:

He unreasonably and knowingly disturbs or alarms another person or persons by:
a. Loud noise; or
b. Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient; or
c. Fighting; or
d. Creating a noxious and offensive odor.
He is in a public place or on private property of another without the 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 and from a public or private place.

B. Violation of this Section shall be a misdemeanor and upon conviction of the violation of this Section a person may be fined up to a sum not to exceed five hundred dollars ($500.00) or imprisonment in the County jail for a period not to exceed six (6) months, or by a combination of both such fine and imprisonment.
(Ord. No, 86-C §§1-2)

Section 250.060: Peace Disturbance Definitions

For the purpose of Sections 250.050 the following words shall have the prescribed meanings:

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

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

C. PUBLIC PLACE: Any place which at the time is open to the public. It includes property which is owned publicly or privately. If a building or structure is divided into separately occupied units, such units are separate premises.
(Ord. No. 80-10 §1; CC §75.080)

Section 250.070: Use of Intoxicating Substance in Public Place

A person commits the offense of public use of an intoxicating substance when he shall drink or otherwise consume any alcoholic beverage, intoxicating liquor; or use any controlled substance or narcotic drug in any street, public park or other public place or have in his possession any open container containing any of the above described substances.
(Ord. No. 80-10 §1; CC §75.110)

Section 250.080: Shoplifting, Stealing

A person commits the offense of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.
(Ord. No. 80-10 §1; CC §75.130)

Section 250.090: Transport of Open Containers of Alcoholic Beverages — Prohibited

It shall be unlawful for any person to transport an open container of alcoholic beverages upon a public thoroughfare, street, park or sidewalk, or while operating a motor vehicle.
(Ord. No. 80-10 §1; CC §75.140; Ord. No. 95-07 §1; 8-14-95)

Section 250.100: Possession of Marijuana

Any person who shall be in possession of marijuana weighing less than thirty-five (35) grams by metric weight shall be considered guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) or by a stay in the County Jail for up to one (1) year, or by any combination of such fine and imprisonment, for each and every such offense.
(Ord. No. 80-10 §1; CC §75. 150; Ord. No. 95-14 §1; 11-13-95)

Section 250.110: Unlawful Use of Weapons

A. A person commits the offense of unlawful use of weapons if he knowingly;

Carries concealed on or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
Sets a spring gun; or
Aims a firearm or projectile weapon at another person in an angry or threatening manner, or possesses a knife, firearm, blackjack or any other weapon readily capable of lethal use with purpose to unlawfully use such weapon against another person; or
Possesses or discharges a firearm or projectile weapon while intoxicated; or
Discharges a firearm within the City limits; or
Carries a knife, firearm, blackjack or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the Federal Government, State Government, or clinical subdivision thereof, or into any public assemblage of persons met for any lawful purpose.

B. Exemptions.

Subsections A (1),(3),(5),and (6) of this Section shall not apply to or affect any of the following: a. Peace officers, or any persons summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer.
b. Wardens and keepers of prisons and jails.
c. Members of the armed forces or national guard while performing their official duty.
Subsection A (1) does not apply when the actor is transporting such weapons in a non-functioning state or when not readily accessible.
The defendant shall have the burden of injecting the issue of an exemption under this Subsection B.

(Ord. No. 80-10 §1; CC §75.200)

Section 250.120: Resisting or Interfering With Arrest

A. A person commits the crime of resisting or interfering with arrest if, knowing that a Law Enforcement Officer is making an arrest, for the purpose of preventing the officer from affecting the arrest, he:

Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such officer; or
Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.

B. This Section applies to arrest with Or without warrants and to arrest for any crime Or ordinance violation.

C. T 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.

D. Resisting or interfering with arrest is a misdemeanor.

E. Upon being convicted of a violation of this Section, such persons may be fined up to the sum of one thousand dollars ($1,000.00), or imprisoned up to six (6) months entail, or by both such fine and imprisonment.
(MH/Ord. No. 84-9 §11-3; Ord. No. 86-13 §1-5)

Section 250.130: Indecent Exposure

A. A person commits the crime of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.

B. Indecent exposure is a misdemeanor.

C. Upon being convicted of a violation of this Section, such persons may be fined up to the sum of five hundred dollars ($500.00) or imprisoned up to three (3) months entail, or by both such fine and imprisonment.
(MH/Ord. No. 84-9 §§1-3; Ord. No. 92-08, §1; 4-13-92)

Section 250.140: First and Second Degree Assault

A. A person commits the crime of assault in the first degree if:

He attempts to cause or knowingly or recklessly causes physical injury to another person; or
With criminal negligence, he causes physical injury to another person by means of a deadly weapon; or
He recklessly engages in conduct which creates a grave risk/physical injury to another person.

B. Assault in the first degree is a misdemeanor.

C. Upon being convicted of the crime of assault in the first degree, such person may be fined up to the sum of one thousand dollars ($1,000.00), or imprisoned up to six (6) months entail, or by both such (me and imprisonment.

D. A person commits the crime of assault in the second degree if:

He purposely places another person in apprehension of immediate physical injury; or
He knowingly causes physical contact with another person, knowing the other person will regard the contact as offensive or provocative.

E. Assault in the second degree is a misdemeanor.

F. Upon being convicted of the crime of assault in the second degree, such person may be fined up to the sum of three hundred dollars ($300.00), or imprisoned up to fifteen (15) days in jail, or by both such fine and imprisonment.

G. For purposes of this Section, the following definitions shall be used:

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

CRIMINAL NEGLIGENCE: A person ants with criminal negligence when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow; that such failure constitutes a gross deviation from the standard care which a reasonable person would exercise in that situation.

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 switch-blade knife, dagger, billy, blackjack or metal knuckles.

SERIOUS PHYSICAL INJURY: Injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ord. No. 86-E §17)

Section 250.150: Possession or Purchase of Intoxicating or Non-intoxicating Liquor By Person Under Twenty-One Years of Age

A. Any person of the age of seventeen (17) years and under the age of twenty-one (21) who shall represent that he or she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating or non-intoxicating liquor, except in cases authorized by law, shall upon conviction, be deemed guilty of a misdemeanor. Any person under the age of seventeen (17) years who shall represent that he or she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating or non-intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.

B. Any Person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his possession, any intoxicating or non-intoxicating liquor as defined in Chapter 311 and Chapter 312 of the Missouri State Statutes and as defined by the Code Of Ordinances Of the City Of Marble Hill, Missouri, shall be deemed guilty of a misdemeanor.

C. Any person violating the provisions of this Section shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), or by confinement in the County jail for a term not to exceed sixty (60) days, or by both such confinement and fine.
(MH/Ord. No. 85-4 §§1-3)

Changes:
Chapter 312 has been Repealed L. 2009 H.B. 132 § A.

Section 250.160: Tampering with a Victim — Penalty

A person commits the misdemeanor of tampering with a victim, if he purposely prevents or dissuades, or attempts to prevent or dissuade any person who has been a victim of any crime; or who is acting on behalf of the victim:

From making a report of the victimization (crime); or
From causing a complaint or information to be sought or to assist in the prosecution;
From arresting or seeking the arrest of any person in connection with the crime against the victim.

(Ord. No. 90-07 §1; 5-15-90)

Section 250.170: Tampering with a Witness — Penalty

A person commits the misdemeanor crime Of tampering with a witness, if he threatens or causes harm to any person or property; or uses force, threats, or deceptions; or offers, confers, or agrees to confer any benefit, direct or indirect, upon any such witness for the purpose of inducing a witness or a perspective witness in a Judicial proceeding to:

Disobey a subpoena or legal process; or
Absent himself; or
Avoid subpoena or other legal process; or
Withhold evidence, information or documents; or
Testify falsely.

(Ord. No. 90-07 §2; 5-15-90)

Section 250.180: False Report — Penalty

A person commits the misdemeanor crime of making a false report if he:

Knowingly gives false information to a Law Enforcement Officer for the purpose of implicating another in a crime.
Knowingly make a false report to a Police Officer that a crime has occurred or is about to occur.
Knowingly makes or causes a false report to be made to a Law Enforcement Officer, Security Officer, Fire Department, or other organizations which deals with emergencies that a fire or other emergency has occurred.

(Ord. No. 90-07 §3; 5-15-90)

Section 250.190: Hindering Prosecution — Penalty

A person commits the misdemeanor crime of hindering prosecution if he; with the purpose of preventing the apprehension, prosecution, conviction or punishment of the person who has committed a crime:

Harbors or conceals a person.
Warns the person that he is soon to be discovered and apprehended (unless done in an effort to bring that person into compliance with the law).
Provides money, transportation, weapons, disguises, or other means to help the person avoid discovery or apprehension.
Prevents or obstructs another by using force, deception, or intimidation to prevent him from doing something to aid the discovery or apprehension of the suspect.

(Ord. No. 90-07 §4; 5-15-90)

Section 250.200: Endangering the Welfare of a Child — Penalty

A person commits the misdemeanor crime of endangering the welfare of a child if he:

Acts with criminal negligence in a manner that creates substantial risk for life, body or health of a child less than seventeen (17) years old.
Knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or intends to cause the child to come within the provisions of Subsection (1) or (2) of Section 211.031, RSMo.
Is a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old and he recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of Subsection (1) or (2) of Section 211.031, RSMo.

(Ord. No. 90-07 §5, 5-15-90)

Section 250.210: Loud and Disturbing Noises — Penalty

A. No person shall make, aid, countenance or assist in making any noise, disturbance or improper diversion in or upon any street, sidewalk, park, public square or other public place.

B. Subject to the provisions of Subsection (C) of this Section, the creation of any unreasonably loud, disturbing and unnecessary noise in the City is prohibited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or which unreasonably interferes with the comfort of any individual, is prohibited.

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

The use of mechanical loud speakers or amplifiers in or upon any store, building or other premises, the effect of which is to extend the sound and noises to the exterior of such premises, irrespective of whether the same be intended for advertising, entertainment, or any other purpose, except were specific license or permit is granted by the Board of Aldermen as provided in Subsection (D) of this Section.
The use of mechanical loud speakers or amplifiers on trucks or other motor vehicles or on stationary stands, except where a specific license or permit is granted by the Board of Aldermen as provided in Subsection (D) of this Section.
The playing of any radio, phonograph or any musical instrument in such a manner or such a volume, particularly between the hours of 11:00 P.M. and 8:00 A.M. as to annoy or disturb the quiet, comfort or repose of a person in any dwelling or other type of residence. This Section shall apply to any radio, phonograph or other musical reproduction instrument which may be located on any type of motor vehicle.
The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion except as a danger signal, if another vehicle is approaching apparently out of control or, at intersections not controlled by traffic lights as a danger signal or warning to pedestrians and or other traffic.

D. The Board of Aldermen may, upon proper application, grant special license or permit for such limited times or in such conditions as it may see fit in the interest of public welfare for the temporary use of loud speakers or amplifiers.

E. Any person who violates any of the Subsections of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof may be assessed a tine not to exceed three hundred dollars ($300.00) or be confined in the County Jail for a period not to exceed ten (10) days or any combination thereof of said fine and or jail confinement.
(Ord. No. 90-12 §§1-5; 7-31-90)

Section 250.220: Receiving Stolen Property

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

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

That he was found in possession or control of other property stolen on separate occasions from two (2) or more persons;
That he received other stolen property in another transaction within the year preceding the transaction charged;
That he acquired stolen property for a consideration which he knew was far below its reasonable value.

C. Receiving stolen property is hereby declared to be a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00) or by incarceration in the City Jail for a term not to exceed ninety (90) days or by any combination of said fine or incarceration.
(Ord. No. 92-27 §§1-3; 12-28-92)

Section 250.230: Failure to Return Rented Personal Property

A. A person commits the crime of failing to return leased or rented property if, with the intent to deprive the owner thereof, he purposely fails to return leased or rented personal property to the place within the time specified in an agreement in writing providing for the renting or leasing of such personal property. In addition, any person who has leased or rented personal property from another and who conceals the property from the owner, or who otherwise sells, pawns, loans, abandons, or gives away the leased or rented property is guilty of the crime of failing to return leased or rented property. The provisions of this Section shall apply to all forms of leasing and rental agreements, including but not limited to, contracts which provide the consumer options to buy the leased or rented personal property, lease-purchase agreements and rent-to-own contracts. For the purpose of determining if the violation of this Section has occurred, in leasing contracts which provide options to buy, the merchandise is owned by the owner of the property until such time as the owner endorses the sale and transfer of ownership of the lease property to the lessee.

B. It shall be prima facie evidence of the crime of failing to return leased or rented property when a person who has leased or rented personal property of another, willfully fails to return or make arrangements acceptable with the lessor to return the personal property to its owner at the owner's place of business within ten (10) days after proper notice, following the expiration of the lease or rental agreement, except that if a motor vehicle has not been returned within seventy-two (72) hours after the expiration of the lease or rental agreement, such failure to return the motor vehicle shall be prima facie evidence of the intent of the crime of failing to return leased or rented property. Where the leased or rented property is a motor vehicle, if the motor vehicle has not been returned within seventy-two (72) hours after the expiration of the lease or rental agreement, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle, and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate State and local computer system.
(Ord. No. 94-21 §§1-2; 6-13-94)

Section 250.240: Urination Prohibited Upon Any Public Street, Park, Sidewalk Or Public Thoroughfare

A. It shall be unlawful for any person to urinate upon any public street, park, sidewalk or public thoroughfare.

B. Upon conviction for a violation of this Section, a person shall be deemed guilty of a misdemeanor and shall be assessed a fine not to exceed five hundred dollars ($500.00) or a sentence in the City Jail for a tern not to exceed ninety (90) days, or by any combination thereof of said fine and sentence.
(Ord. No. 98-04 §§1-2; 7-13-98)

Chapter 255: PARK REGULATIONS

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Section 255.010: Littering in Parks

No litter, trash, paper, refuse, metal, garbage or waste products of any kind in any amount shall be thrown upon, left upon, deposited or allowed to be deposited or left in any manner on public streets, public sidewalks or other public ways of the City of Marble Hill, Missouri, or in any park or public area owned by or under control of the City of Marble Hill in whole or in part.
(Ord. No. 87-16 §1)

Section 255.020: Riding of Horses

No person shall ride or allow to be ridden any horses at any place or point further than twenty (20) feet off of the roadway of the public road in any public park of the City of Marble Hill, Missouri, or that is under the control of the City such that no horses shall be ridden or allowed to be upon any such area of any public park other than roadways or areas within twenty (20) feet of the roadways, and around the designated horse arena and unloading area.
(Ord. No. 87-16 §2; 7-20-87; Ord. No. 95-02 §1; 6-12-95)

Section 255.030: Restriction of Motor Vehicles, Etc.

No motor bikes, motor vehicles, motorcycles or any device propelled by a motor shall be ridden, driven or shall be allowed to be ridden or driven or operated upon any place in public packs in which the City of Marble Hill has any interest or has any control except on paths, roads, and designated public ways.
(Ord. No. 87-16 §3; 7-20-87)

Section 255.040: Lake

Fishing is authorized at the lake in Mary Pellegrino Park as permitted and authorized by the Board of Aldermen of the City of Marble Hill, Missouri.
(Ord. No. 87-16 §4; 7-20-87; Ord. No. 95-03 §1; 6-12-95)

Section 255.050: Damage to Park Property

No person shall deface damage or destroy in any manner any improvement in any park owned by or under control of or in which the City of Marble Hill has an interest in. Any person who damages, destroys or defaces or in any manner causes damage to any improvement of any type or to any of the trees, shrubbery or other physical features of the packs of the City of Marble Hill shall upon conviction be adjudged to be guilty of a misdemeanor and shall be punished as hereafter set forth.
(Ord. No. 87-16 §5; 7-20-87)

Section 255.060: Motor Vehicles To Be Operated in Prudent Manner

All motor vehicles, motor bikes, motorcycles and other devices operated by a motor shall be operated on roadways in public parks with the highest degree of care and in agreement with posted speed limits and in a careful and prudent manner as designated by State law. Any person violating this rule of this Chapter upon conviction shall be adjudged guilty of a misdemeanor and punished as is hereafter set forth.
(Ord. No. 87-16 §6; 7-20-87)

Section 255.070: Penalty

A. Any person convicted of violating any of the principles of this Chapter relative to littering and any person convicted of violating this Chapter pertaining to the use of the lake in the Mary Pellegrino Park and any person violating the provisions of this Chapter in regard to vehicles in public parks shall upon conviction be adjudged to be guilty of a misdemeanor and will be punished by a tine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment in the County jail for a term not to exceed ninety (90) days or by both such (me and imprisonment.

B. Any person violating the remaining provisions of this Chapter shall upon conviction be adjudged to be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by imprisonment in the County jail for a term not exceeding ninety (90) days or by both such fine and imprisonment.
(Ord. No. 87-16 §7,8, 7-20-87)

Section 255.080: Hours of Operations

All city Parks in the City of Marble Hill shall have as their hours for opening and closing to the use of the general public to be from sunup to sundown. Except however, when the ballpark of the City of Marble Hill is being used for public activities, it shall have as its hours for opening and closing to the use of the general public to be from sunup to the regular curfew deadline for the City of Marble Hill, Missouri.
(Ord. No. 88-16 §1; 10-17-88; Ord. No. 95-04 §1; 6-12-95)

Section 255.090: Permit for Special Uses

Any person or group desiring to use the City parks of the City of Marble Hill during any hours that said park is closed or to reserve a shelter shall first apply to the City Clerk of the City of Marble Hill for a special use permit. Any person or group so desiring to apply for said special use permit shall file a written application together with a use permit fee of twenty dollars ($20.00) to the City Clerk of Marble Hill, who thereupon, shall issue said permit, providing no other conflicting permits have been issued. Any person or group applying for and receiving said special use permit and using said park pursuant to the said permit shall be bound and obligated as set forth by the ordinances of the City of Marble Hill and any rules and regulations set forth by the City Park Board.
(Ord. No. 88-16 §2; 10-17-88; Amended by Ord. 01-14, August 9, 2004; Amended by Ord. 09-10, June 12, 2009)

Section 255.100: Parking

Parking shall be permitted in the City Parks in the City of Marble Hill, Missouri, in those areas designated for parking, which shall include areas adjacent to the public roadways in the City Parks not to exceed twenty (20) feet from the edge of the roadways.
(Ord. No. 88-16 §3; 10-17-88; Ord. No. 95-05 §1; 6-12-95)

Section 255.110: City Clerk to Authorize Posting Signs

The City Clerk for the City of Marble Hill is hereby authorized to purchase any signs necessary to provide adequate notice to the public of these rules and regulations and have said signs posted at appropriate places in the City Park.
(Ord. No. 88-16 §4; 10-17-88)

Section 255.120: Penalty and Violation

Any person who violates Sections 255.080 through 255.110 or any portion thereof, shall be deemed guilty of a misdemeanor and shall pay a fine of not less than fifteen dollars ($15.00) nor more than two hundred dollars ($200.00).
(Ord. No. 88-16 §5; 10-17-88)

Section 255.130: Glass Beverage Containers in Park — Prohibited

A. No person, corporation, business entity, organization or other entity shall use, distribute, give away or have in their possession any glass beverage containers, whether said containers contain alcoholic, or non-alcoholic beverages in any portion of any City Park located within the corporate Municipal City Limits of the City of Marble Hill, Missouri.

B. Any violation of this Section shall be deemed a misdemeanor and upon conviction thereof, the person shall receive a fine, not to exceed twenty-five dollars ($25.00) per container in violation of this Section.
(Ord. No. 91-10 §§1-2; 5-13-91)

Chapter 260: REGULATING LOADING AND UNLOADING GASOLINE AND OTHER PETROLEUM PRODUCTS

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Section 260.010: Prohibited During

A. There shall be no gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels loaded into or out of any fuel transport truck, trailer, or other fuel, transporting equipment within the corporate limits of Marble Hill, Missouri, by any person, firm or corporation in quantities in excess of fifteen hundred (1,500) gallons in "the night-time hours." "The night-time hours" are hereby defined as being between the hour that the sun sets and the hour that the sun rises.

B. There shall be no gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels loaded into or out of any storage tank or facility (underground or above ground) within the corporate limits of Marble Hill, Missouri, by any person, firm or corporation, in quantities in excess of fifteen hundred (1,500) gallons in "the night-time hours." "The night-time hours" are hereby defined as being between the hour that the sun sets and the hour that the sun rises.

C. The owners, lessees, operators, persons in possession of or control of storage tanks or storage facilities for gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels, located within the corporate limits of Marble Hill, Missouri, shall not permit or allow gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels, to be placed into or taken out of said storage tanks in quantities in excess of fifteen hundred (1,500) gallons in the "night-time hours." The "night-time hours" are hereby defined as being between the hour that the sun sets and the hour that the sun rises.
(Ord. No. 80-10 §1; CC §§86.010-86.030; Repealed by Ord. 02-01, January 14, 2002)

Section 260.020: Restrictions Due to Atmospheric and Barometric Conditions

A. There shall be no gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels loaded into or out of any fuel transport truck, trailer or other fuel, transporting equipment within the corporate limits of Marble Hill, Missouri, by any person firm or corporation in any quantities at any time when the atmospheric and barometric conditions are such as to cause hazardous accumulation of fuel fumes.

B. There shall be no gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels loaded into or out of any storage tank or facility (underground or above ground) within the corporate limits of Marble Hill, Missouri, by any person, firm or corporation in any quantities at any time when the atmospheric and barometric conditions are such as to cause hazardous accumulation of fuel fumes.

C. The Owners, lessees, operators, persons in possession of or control of storage tanks or storage facilities for gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels, located within the corporate limits of Marble Hill, Missouri, shall not permit or allow gasoline, diesel fuel, liquefied petroleum gas, propane Or Other gaseous or liquid fuels, to be placed into or taken out of said storage tanks in any quantities at any time when the atmospheric and barometric conditions are such as to cause hazardous accumulation of fuel fumes.
(Ord. No. 80-10 §1; CC §§86.040-86.060 Repealed by Ord. 02-01, January 14, 2002)

Section 260.030: Restrictions When Transporting Equipment is Unattended

A. There shall be no gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels loaded into or out of any fuel transport truck, trailer or other fuel transporting equipment within the corporate limits of Marble Hill, Missouri, by any person, firm or corporation at any time when said fuel transport truck, trailer or other fuel transporting equipment is unattended. Said equipment is defined as being unattended when the owner, operator, driver or person in control of or responsible for said fuel transport truck, trailer or other fuel transporting equipment is farther than forty (40) feet from said equipment during the loading and unloading of said equipment.

B. There shall be no gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels loaded into or out of any storage tank or facility (underground or above ground) within the corporate limits of Marble Hill, Missouri, by any person, firm or corporation, at any time when said fuel transport truck, trailer or other fuel transporting equipment is unattended. Said equipment is defined as being unattended when the owner, operator, driver or person in control of or responsible for said fuel transport truck, trailer or other fuel transporting equipment is farther than forty (40) feet from said equipment during the loading and unloading of said equipment.

C. The owners, lessees, operators, persons in possession of or control of storage facilities for gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels, located within the corporate limits of Marble Hill, Missouri, shall not permit or allow gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels, to be placed into or taken out of said storage tanks at any time when said fuel transport truck, trailer or other fuel transporting equipment is unattended. Said equipment is defined as being - unattended when the owner, operator, driver or person in control of or responsible for said fuel transport truck, trailer or other fuel transporting equipment is farther than forty (40) feet from said equipment during the loading and unloading.
(Ord. No. 80-10 §1; CC §§86.070-86.090)

Section 260.040: Valves to Be Padlocked-When

All loading and unloading valves shall be padlocked by the owner, lessee, operators or persons in possession of or in control of storage tanks or storage facilities for gasoline, diesel fuel, liquefied petroleum gas, propane or other gaseous or liquid fuels located within the corporate limits of the City of Marble Hill, Missouri, during all times that the said owners, lessees, operators, or other persons in possession or in control of said tanks, or their agents or employees are not present or during such times that such business is closed and not open for normal business operations.
(Ord. No. 80-10 §1; CC §86.100)

Section 260.050: Penalty

Any person violating the above Chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than five dollars ($5.00), nor more than five hundred dollars ($500.00) for the first offense; and shall be fined not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) for any second or subsequent offense.
(Ord. No. 80-10 §1; CC §86.110)

Chapter 265: CURFEW	Return to the Top
Editor's Note - Ord. No. 94-02 adopted on February 14, 1994 repealed §§265.010-265.020 and enacted the provisions set out herein. The former Sections derived from Ord. No. 80-10 §1; CC §§77.010-77.020.

Section 265.010: Definitions

For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.

CITY: The City of Marble, Hill, Missouri.

CUSTODIAN: Any person over the age of eighteen (18) who is in loco parents to a juvenile.

GUARDIAN: Any person other than a parent of a minor.

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

PARENT: The natural or adoptive parent of a minor.

PUBLIC PLACE: Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and shall be defined to include the front or immediate area in front of any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment or commercial activity of the general public.
(Ord. No. 94-02 §1; 2-14-94)

Section 265.012: Curfew for Minors

It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the City between the hours of 10:00 P.M. and 5:00 A.M., Sunday through Thursday, and between the hours of 11:59 P.M. and 5:00 A.M., Friday through Saturday, unless accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor, or unless the minor is on an emergency errand or special business or activity directed or permitted by his/her parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
(Ord. No. 94-02 §1; 2-14-94)

Section 265.013: Responsibility of Parents

It shall be unlawful for the parents, guardian or other adult person having custody or control of any minor to knowingly permit or allow such minor to be on the streets or sidewalks or on or in any public property or public place within the City of Marble Hill between the hours of 10:00 P.M. and 5:00 A.M., Sunday through Thursday, and between the hours of 11:59 P.M. to 5:00 A.M., Friday through Saturday. However, the provisions of this Section do not apply to a minor accompanied by his/her parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his/her parent, guardian, custodian or other adult having the care and custody of the minor, or if the parent, guardian or other adult person herein has made a missing person notification to the Marble Hill Police Department.
(Ord. No. 94-02 §1; 2-14-94)

Section 265.014: Special Functions

Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that provided for in Section 265.012 shall be exempt from the provisions of Section 265.012 provided the church, school, club or other organization shall register in advance with the Chief of Police or his/her designate to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within one (1) hour after the function is ended.
(Ord. No. 94-02 §1; 2-14-94)

Section 265.015: Procedures Upon Finding a Minor in Violation

A. Any Police Officer upon finding a minor in violation of Section 265.012 shall ascertain the name and address of such minor and warn the minor that he/she is in violation of curfew and shall direct the minor to precede at once to his/her home or usual place of abode. The Police Officer shall report such action to the desk officer of the Police Department who in turn shall notify the parent, guardian or person having the care and custody of such minor. If there be no such desk officer available at the time of this matter, the Police Officer may report such action himself/herself directly to the parent, guardian or person having the care and custody of such minor.

B. If such minor refuses to heed such warning or direction by any Police Officer or refuses to give such Police Officer his/her correct name and address, or if the minor has been warned on a previous occasion that he/she is in violation of curfew, he/she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities of Bollinger County, Missouri.
(Ord. No. 94-02 §1; 2-14-94)

Section 265.020: Penalties

Any minor violating the provisions of this Chapter shall be dealt with in accordance with the juvenile law and procedures as set forth in the Statutes of the State of Missouri and in accordance with the Rules of the Supreme Court of the State of Missouri. Any parent, guardian or other adult person having the care and custody of a minor violating this Chapter shall, after having been previously notified under Section 265.015 of this Chapter, be deemed guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars ($50.00) for each offense.
(Ord. No. 94-02 §1; 2-14-94)

Section 265.030: Halloween Curfew

A. There shall be in effect on October 31, 1987, and on each October 31, in succeeding years, a curfew by which all door-to-door trick or treaters shall cease by 9:30 P.M. on said day and all such door-to-door trick or treaters shall therefore, be off the streets of the City of Marble City, Missouri, at the above mentioned time.

B. Violation of this Section shall be a misdemeanor which shall be punishable by fine of not less than five dollars ($5.00), nor more than five hundred dollars ($500.00).
(Ord. No. 87-23 §1)

Chapter 270: USE OF PUBLIC AND PRIVATE SEWERS
ARTICLE I. GENERAL PROVISIONS

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Section 270.010: Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

BOD (denoting Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20ºC, expressed in milligrams per liter.

BUILDING DRAIN: That part of the lowest horizontal piping Of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal.

COMBINED SEWER: A sewer receiving both surface runoff and sewage.

GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

INDUSTRIAL WASTES: The liquidated wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

NATURAL OUTLET: Any outlet into a watercourse, pond, ditch like or other body of surface or groundwater.

PERSON: Any individual, firm, company, association, society, corporation, or group.

PH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one half (1/2) inch (1.27 centimeters) in any dimension.

PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

SANITARY SEWER: A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

SEWAGE: A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS: All facilities for collecting, pumping, treating and disposing of sewage.

SEWER: A pipe or conduit for carrying sewage.

SHALL: Is mandatory; MAY is permissive.

SLUG: Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation.

STORM DRAIN (Sometimes Termed Storm Sewers): A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUPERINTENDENT: The Superintendent of Sewage Works and/or of Water Pollution Control of the City of Marble Hill, or his authorized deputy, agent, or representative.

SUSPENDED SOLIDS: Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. No. 89-28 Art. I)

Section 270.020: Unlawful Practices — Generally

A. Unlawful to Place Objectionable waste on Public or Private Property: It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner or public or private property within the City of Marble Hill, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

B. Unlawful to Discharge into any Natural Outlet: It shall be unlawful to discharge to any natural outlet within the City of Marble Hill, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.

C. Unlawful to Construct or Maintain Privy: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of Sewage.

D. Toilet Facilities — Sewer Hookup — Required: The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line.
(Ord. No. 89-28 Art. I §§1-4)

Chapter 270: ARTICLE II. PRIVATE SEWAGE DISPOSAL

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Section 270.030: Where Public Sewer is Not Available

Where a public sanitary or combined sewer is not available under the provisions of Section 270.020 D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.
(Ord. No. 89-28 Art. II §1)

Section 270.040: Permit Required

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which information as are deemed necessary by the Superintendent. A permit and inspection fee of two hundred dollars ($200.00) shall be paid to the City at the time the application is filed.
(Ord. No. 89-28 Art. III §2)

Section 270.050: Superintendent to Inspect Work

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Superintendent.
(Ord. No. 89-28 Art. III §3)

Section 270.060: Must Comply With Public Health Department

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the Sate of Missouri. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(Ord. No. 89-28 Art. III §4)

Section 270.070: Connection to Public Sewer to be Made As Soon As Available

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 270.060, a direct connection shall be made to the public sewer in compliance with this Chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(Ord. No. 89-28 Art. III §5)

Section 270.080: Operated At Owner's Expense

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
(Ord. No. 89-28 Art. III §6)

Section 270.090: Health Officer May Impose Additional Requirements

No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(Ord. No. 89-28 Art. III §7)

Section 270.100: Hook Up to be Made Within Sixty Days

When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
(Ord. No. 89-28 Art. III §8)

Chapter 270: ARTICLE III. PUBLIC SEWER

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Section 270.110: No Connection Without Written Permit

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
(Ord. No. 89-28 Art. IV §1)

Section 270.120: Classes of Building Sewer Permits

There shall be two (2) classes of building sewer permits:

For residential and commercial service, and
For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of fifty dollars ($50.00) for a residential or commercial building sewer permit and one hundred dollars ($100.00) for an industrial building sewer permit shall be paid to the City at the time the application is filled.
(Ord. No. 89-28 Art. IV §2)

Section 270.130: All Costs Borne by Owners

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. No. 89-28 Art. IV §3)

Section 270.140: Separate Building Sewers — Exception

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(Ord. No. 89-28 Art. IV §4)

Section 270.150: Old Building Sewers to Meet Requirements

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Chapter.
(Ord. No. 89-28 Art. IV §5)

Section 270.160: Size, Slope, Alignment and Materials

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(Ord. No. 89-28 Art. IV §6)

Section 270.170: Building Sewer Shall be Brought in at an Elevation Below Basement Floor

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. No. 89-28 Art. IV §7)

Section 270.180: No Connection to be Made to Public Sanitary Sewer

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. No. 89-28 Art. IV §8)

Section 270.190: Connection to Public Sewer to Conform to Building and Plumbing Codes

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(Ord. No. 89-28 Art. IV §9)

Section 270.200: Connection to be Made Under Supervision

The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
(Ord. No. 89-28 Art. IV §10)

Section 270.210: Excavations to be Guarded

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
(Ord. No. 89-21 Art. IV §11)

Chapter 270: ARTICLE IV. USE OF PUBLIC SEWERS

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Section 270.220: Unlawful to Discharge Storm water, Etc., to Sanitary Sewer

A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Upon the City discovering that subsection A is not being complied with, the City shall inform the owners of the residence, by way of certified letter, of the problem and give them seven (7) days in which to respond. Should the owners of the property fail to respond within seven (7) days, the City shall have the right to turn the water off to said property until the problem is cured.

C. Should the owners of the residence respond, the City shall have a meeting with them and determine the amount of time the owners shall have to correct the problem. The problem shall be corrected at the owner's cost and at no cost the City of Marble Hill.

D. In addition to subsections A, B, & C, the City shall also have the option of writing the owner of the house a citation for violation of Subsection A. The penalty for violation of Subsection A shall be determined based on the general penalty ordinance §100.050 of the Ordinances of the City of Marble Hill.
(Ord. No. 89-28 Art.V §1; Ord. No. 11-08 §1; 7-11-11)

Section 270.230: Storm water to be Discharged to Storm Sewers

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process wafers may be discharged on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.
(Ord. No. 89-28 Art. V §2)

Section 270.240: Certain Wastes Not to be Discharged to Public Sewers

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.

(Ord. No. 89-28 Art. V §3)

Section 270.250: Additional Substances Not to be Discharged

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

Any liquid or vapor having a temperature higher than one hundred fifty (150º) F / 65º C.
Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32º) and one hundred fifty (150º) F / 65º C.
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Materials which exert or cause:
a. slurries, and lime residues) or of dissolved solids (such as, but not limit to. sodium chloride or sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions)
c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the refinements of other agencies having jurisdiction over discharge to the receiving waters.
Any waters or wastes having:
a. A five (5) day BOD greater than three hundred (300) parts per million by weight, or
b. Containing more than three hundred (300) parts per million by weight of suspended solids, or
c. Having an average daily flow greater than two percent (2%) of the average sewage flow of the City, shall be subject to the review of the Superintendent.

Where necessary in the opinion of the Superintendent, the owner shall provide at his expense, such preliminary treatment as may be necessary to:
a. Reduce the biochemical oxygen demand to three hundred (300) parts per million by weight, or
b. Reduce the suspended solids to three hundred (300) parts per million by weight, or
c. Control the quantities and rates of discharge of such waters or wastes.

Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(Ord. No. 89-28 Art. V §4)

Section 270.260: Superintendent's Powers

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 270.260 of this Article, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may:

Reject the wastes,
Require pretreatment to an acceptable condition for discharge to the public sewers,
Require control over the quantities and rates of discharge, and/or,
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 270.310 of this Article.

If the Superintendent permits the pre-treatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
(Ord. No. 89-28 Art. V §5)

Section 270.270: Grease, Oil and Sand Interceptors

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
(Ord. No. 89-28 Art. V §6)

Section 270.280: Preliminary Treatment at Owners Expense

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. No. 89-28 Art. V §7)

Section 270.290: Manhole — Required — When

When required by the Superintendent, the owner of any property services by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(Ord. No. 89-28 Art. V §8)

Section 270.300: Reasonable Analyses of Sample Water

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.

(The particular analyses involved will determine whether a twenty four (24) hours composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composites of all outfalls whereas pH's are determined from periodic grab samples.)
(Ord. No. 89-28 Art. V §9)

Section 270.310: Special Agreement With City

No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.
(Ord. No. 89-28 Art. V §10)

Section 270.320: No Tampering Allowed

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. No. 89-28 Art. V §1)

Section 270.330: Inspections By Superintendent

A. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, samplings and testing in accordance with the provisions of this Ordinance. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in Subsection A hereof, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 270.290.

C. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair. and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. No. 89-28 Art. VII §§1-3)

Section 270.340: Violation and Penalty

A. Any person found to be violating any provision of this Chapter except Section 270.230 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in Subsection A hereof, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.
(Ord. No. 89-28 Art. VIII §§1-3)

Chapter 275: SIGN RESTRICTIONS

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Section 275.010: Repealed by Ord. No. 94-31 §1; 7-11-94

Section 275.020: Political Signs to Be Removed — When

Any political signs or advertisements which are posted within the corporate limits of the City of Marble Hill shall be removed no later than seven (7) days after the election for which said sign was erected, posted or displayed.
(Ord. No. 88-2 §2)

Section 275.030: Political Signs to Be Posted — Where

No political sign or other political display or advertisement may be erected, posted or displayed on public utility poles, public street signs or any other public property. All such political signs, advertisements or displays shall be posted on private property with the express permission of the owner of said property or lessee of said property.
(Ord. No. 88-2 §3)

Section 275.040: Garage and Yard Sales

No person shall advertise any garage sale or yard sale or any other such type sale by any public display of signs for more than forty-eight (48) hours in advance of said sale. Any such signs which are publicly displayed must be removed within twenty-four (24) hours after the completion of such sale.
(Ord. No. 88-2 §4)

Section 275.050: Garage and Yard Sale — Signs To Be Posted, Where

No garage sale or yard sale or any such other type sale sign may be erected, posted or displayed on public utility poles, public street signs or any other public property. All such signs shall be posted on private property with the express permission of the owner of the said property or the lessee of said property.
(Ord. No. 88-2 §5)

Section 275.060: Violation and Penalty

A. Each sign and each day that a sign shall be displayed in violation of this Chapter shall be considered a separate violation of this Chapter.

B. Any violation of this Chapter as set forth hereinabove shall be a misdemeanor and upon conviction of the same, a person shall receive a fine of not less than ten dollars ($10.00) nor more than thirty dollars ($30.00) for each violation so convicted.
(Ord. No. 88-2 §6-7)

Chapter 280: FAIR HOUSING

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Section 280.010: Declaration of Policy

The Board of Aldermen of the City of Marble Hill hereby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain property without regard to race, sex, color, religion, handicap, familial status, national origin or ancestry. This Chapter shall be deemed an exercise of the Police powers of the City of Marble Hill, Missouri, for the protection of the public welfare, property, health and peace of the people of Marble Hill.
(Ord. No. 90-21 §1; 10-8-90; Ord. No. 96-05 §1; 6-27-96)

Section 280.020: Definitions

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

A. AGGRIEVED PERSON: Any person who is attempting to provide housing for himself and/or his family in the City of Marble Hill, Missouri.

B. DISCRIMINATE: Distinctions in treatment because of race, sex, color, religion, national origin, handicap, or family status of any person.

C. PERSON: Shall include any individual, firm, partnership or corporation.
(Ord. No. 90-2 1 §2; 10-8-90; Ord. No. 96-05 §2; 6-27-96)

Section 280.030: Discriminatory Practices

It shall be a discriminatory practice and a violation of this Chapter for any person to:

Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rent of, or otherwise make unavailable or deny, a dwelling to any person because of race, sex, color, religion, handicap, familial status or national origin of any person.
Discriminate against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, sex, color, religion, handicap, familial status or national origin.
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, sex, color, religion, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.
Represent to any person because of race, sex, color, religion, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, color, religion, handicap, familial status or national origin.
Bars discrimination in the sale or rental of housing on the basis of a handicap and requires the design and construction of new multi-family with four (4) or more units to meet certain adaptability and accessibility requirements.
Bars discrimination in the sale or rental of housing because a family has children, but exempts certain types of buildings that house older persons, e.g. Section 202 housing.

(Ord. No. 90-21 §3; 10-8-90., Ord. No. 96-05 §3; 6-27-96)

Section 280.040: Discrimination in the Financing of a House

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing or maintaining a dwelling, or to discriminate against any person in the fixing of the amount or conditions of such loan, because of the race, sex, color. religion, handicap, familial status or national origin of such person or of any person associated with him in connection with such financing.
(Ord. No. 90-21 §4; 10-8-90; Ord. No. 96-05 §4; 6-27-96)

Section 280.050: Exemptions

The provisions of this Chapter and particularly Section 280.030 hereof, shall not apply to the following:

A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of his family reside in such dwelling unit.
A rental or leasing to less than five (5) persons living in a dwelling unit by the owner if the owner or members of his family reside therein.
Any single-family house sold or rented by an owner provided that such house is sold or rented:
a. Without the use of sales or rental facilities or services of real estate brokers, agents, salesmen, or persons in the business of selling or renting dwellings; and
b. Without the publication, posting or mailing of any advertisement in violation of Section 280.030 (3) of this Chapter;

Provided, however, that;

a. Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; and
b. That any such private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one time.
For the purposes of Subsection (D), a person shall be in the business of selling or renting dwellings if:
a. He has, within the preceding twelve (12) months, participated as agent in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
b. He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or
c. He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

(Ord. No. 90-21 §5; 10-8-90)

Section 280.060: Administration

A. There is hereby created a Fair Housing Committee whose membership shall consist of three (3) members who shall be appointed by the Mayor of the City with the approval of the Board of Aldermen.

B. Every complaint of a violation of this Chapter shall be referred to the Fair Housing Committee. The Fair Housing Committee shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the Fair Housing Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed If the Fair Housing Committee finds that there is merit in the complaint, in their opinion, then and in that event, the Fair Housing Committee will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

C. If the Fair Housing Committee is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event, the Fair Housing Committee shall forward said complaint to the City Attorney for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Attorney.
(Ord. No. 90-21 §6; 10-8-90)

Section 280.070: Enforcement

A. Any person convicted of a violation of this Chapter shall be punished by a fine of not more than two hundred dollars ($200.00) or by a confinement in the County Jail for not more than thirty (30) days. or by both such (me and imprisonment.

B. The City Attorney, instead of filing a complaint in Municipal Court of said City, may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.
(Ord. No. 90-21 §7; 10-8-90)

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Title III. Traffic Code

Chapter 300: GENERAL PROVISIONS

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Section 300.010: Model Traffic Code — Adoption and Exceptions

Chapter 300, Revised Statutes of Missouri, consisting of Sections 300.010 through 300.600, commonly known as the "Model Traffic Ordinance," is hereby adopted as and for the traffic ordinance of this City with like effect as if recited at length herein, with the exception of the following Section of said Model Traffic Ordinance, which is not so adopted and which is expressly deleted; Section 300.070.
(Ord. No. 80-10 §1; CC §76.010)

Section 300.020: Definitions

The following words and phrases when used in this Title mean:

ALLEY OR ALLEYWAY: Any street with a roadway of less than twenty (20) feet in width;

ALL-TERRAIN VEHICLE: Any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches (50") 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;

AUTHORIZED EMERGENCY VEHICLE: A vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the State Highway Patrol, Police, or Fire Department, Sheriff, Constable or Deputy Sheriff, Traffic Officer, or any privately owned vehicle operated as an ambulance when responding to emergency calls;

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, balks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one 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;

COMMERCIAL VEHICLE: Every vehicle designed, maintained, or used primarily for the transportation of property;

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;

CROSSWALK:

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;
Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by pedestrian crossing by lines or other markings on the surface;

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;

DRIVER: Every person who drives or is in actual physical control of a vehicle;

EMERGENCY VEHICLE: An emergency vehicle is a vehicle of any of the following types:

A vehicle operated by the State Highway Patrol, those vehicles operated by enforcement personnel by the Division of Transportation of the Department of Economic Development, Police or Fire Department, Sheriff, or Deputy Sheriff, Federal Law Enforcement Officers authorized carry firearms to make arrests for violation of laws of the United States, Traffic Officer or Coroner or by a privately owned Emergency Vehicle Company;
A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies;
Any vehicle qualifying as an emergency vehicle under Section §307.175, RSMo.;
Any wrecker or tow truck or any vehicle owned and operated by a public utility or public service corporation while performing emergency service;
Any vehicle transporting equipment designed to remove human beings from the wreckage of a motor 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:

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 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;
Where a highway includes two 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 roadways thirty (30) feet or more apart, then every crossing of two 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 wheels in contact with the ground, but excluding a tractor;

MOTORIZED BICYCLE: Any two-wheeled or three-wheeled device having fully operative pedals capable of propulsion by human power, an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than two (2) 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;

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;

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.

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.

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, streetcars 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;

TRAFFIC DIVISION: The Traffic Division of the Police Department of the City, or in the event a Traffic Division is not established, then said term whenever used herein shall be deemed to refer to the Police Department of the City;

VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting motorized bicycles and devices moved by human power or used exclusively upon stationary rails or tracks.
(Ord. No. 80-10 §1; CC §76.010; Ord. No. 90-02 §2; 2-5-90; RSMo. §300.010)

Chapter 305: TRAFFIC ADMINISTRATION

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Section 305.010: Police Administration

There is established in the Police Department a Traffic Division to be under the control of an officer of police appointed by and directly responsible to the Chief of Police.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.015)

Section 305.020: Duty of Traffic Division

The Traffic Division with such aid as may be rendered by other members of the Police Department shall enforce the street traffic regulations of the City and all of the State vehicle laws applicable to street traffic in the City to make arrests for traffic violations, to investigate accidents and to cooperate with the City officers in the administration of the traffic laws and in developing ways and means to improve traffic conditions and to carry out those duties specially imposed upon the division by this Code and the traffic ordinances of the City.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.020)

Section 305.030: Records of Traffic Violation

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.025)

Section 305.040: 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.030)

Section 305.050: 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.040)

Section 305.060: 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.045)

Section 305.070: Emergency and Experimental Regulations

The Chief of Police 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 conditions. No such temporary or experimental regulation shall remain in effect for more than ten (10) days without the approval of the Board of Aldermen.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.065)

Chapter 310: ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

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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 Chief of Police to enforce all street traffic laws of the City and all of the State vehicle laws applicable to street traffic in the City.

B. Officers of the Police Department or such officers as are assigned by the Chief of Police 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 a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.075)

Section 310.020: Obedience to Police and Fire Department Officials

No person shall willfully fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department official.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.080)

Section 310.030: Persons Propelling Push Carts or Riding Animals to Obey Traffic Regulations

Every person propelling any push cart 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.085)

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, 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.090)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.095)

Section 310.060: Authorized Emergency Vehicles

A. The driver of any vehicle referred to in Section 300.020 (definition of Emergency Vehicle) of this Code shall not sound the siren thereof or have the front red lights or blue lights on except when said vehicle is responding to an emergency call or when in pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from a tire alarm;

B. A driver of an emergency vehicle may:

Park or stand here respected by the provisions of Section §304.014 to §304.026, RSMo., or any similar ordinances of this municipality;
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operations;
Exceed the prima facie speed limit, so long as he doesn't danger life or property;
Disregard regulations governing direction of movement or turning in specified directions.

C. The exemptions herein granted to an emergency vehicle 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 a 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 said light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.
(Ord. No. 90-02 §3; 2-50-90)

Section 310.070: Operation of Vehicles on Approach of Authorized Emergency Vehicles

Upon immediate approach of an emergency vehicle giving audible signal by siren or by having at least one (1) lighted lamp exhibiting a red light visible under normal atmosphere conditions from a distance of five hundred (500) feet to the front of such vehicle, or a flashing blue light authorized by Section §307.175, RSMo., 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 Police or Traffic Officer.
(Ord. No. 90-02 §1; 2-5-90)

Section 310.080: Leaving the Scene of a Motor Vehicle Accident

A. A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the streets or alleys or on any publicly or privately owned parking lot or parking facility 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 culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including City and street number, motor vehicle number and chauffeur's or registered operator's 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 privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.

C. Leaving the scene of a motor vehicle accident is a misdemeanor. Which, upon conviction thereof, a person shall be assessed a fine not to exceed one thousand dollars ($1,000.00), or be confined in the City Jail for a term not to exceed six (6) months, or for any combination of said fine and jail sentence.
(Ord. No. 88-17 §§1-3)

Chapter 315: TRAFFIC CONTROL DEVICES

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Section 315.010: Authority to Install Traffic Control Devices

The Police Chief shall place and maintain traffic control signs, signals, and devices when and as rebuked 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 may deem necessary to regulate traffic under the traffic ordinances of the City or under State law or to guide or warn traffic.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.130)

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 Highway Commission or resolution adopted by the legislative body 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.135)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.140)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.145)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.150)

Section 315.060: Flashing Signals

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:

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;
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.

(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.165)

Section 315.070: 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 railroad sign or signal, 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 or any railroad sign or signal.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.175)

Section 315.080: Authority to Establish Play Streets

The Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.185)

Section 315.090: 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 be within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.190)

Section 315.100: City Traffic Engineer to Designate Crosswalks and Establish Safety Zones

The Police Chief is hereby authorized;

To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary;
To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.

(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.195)

Chapter 320: SPEED REGULATIONS

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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, but no City ordinance shall regulate the speed of vehicles upon controlled access highways of the State.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.205)

Section 320.020: Speed Limits Established

No person shall operate or drive a motor vehicle (except emergency vehicles on emergency runs) or any other conveyance on any street, boulevard, thoroughfare, or public way, in this City, at any time, at a rate of speed in excess of twenty (20) mites per hour except as a greater or lesser speed is hereinafter provided for certain streets, boulevards, thoroughfares, areas or public ways in the City; except as a greater or lesser speed is hereinafter provided for certain classes and types of motor vehicles and other conveyances.

Every person operating a motor vehicle or other conveyance on the streets of the City shall operate or drive the same in a careful and prudent manner, and in the exercise of the highest degree of care, and at a rate of speed so as not to endanger the property of another or the life or limb of any person, taking into consideration the time of day, the amount of vehicular and pedestrian traffic, the condition of the street or highway, and atmospheric conditions and the location with reference to intersecting streets or highways, curves, residences or schools. Nothing in this Subsection shall be construed to authorize any person to operate a motor vehicle in excess of specific speed limits established by law or ordinance.
It shall be unlawful for any person unnecessarily to drive at such a slow speed or in such position on the roadway as to impede or block the normal and reasonable movement of traffic.
No person shall operate or drive a motor vehicle or other conveyance within three hundred (300) feet of any public or private school at a rate of speed in excess of fifteen (15) miles per hour.

(Ord. No. 80-10 §1;)

Chapter 325: TURNING MOVEMENTS

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Section 325.010: Required Position and Method of Turning At Intersection

The driver of a vehicle intending to turn at an intersection shall do so as follows:

A. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the light hand curb or edge of the roadway.

B. 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 center line thereof and by passing to the right of such center line 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 center line 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.

C. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one 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 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.215)

Section 325.020: Authority to Place and Obedience To Turning Markers

A. The Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.220)

Section 325.030: Authority to Place Restricted Turn Signs

The Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.225)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.230)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.235)

Chapter 330: ONE-WAY STREETS AND ALLEYS

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Section 330.010: Authority to Sign One-Way Streets and Alleys

Whenever any ordinance of the City designates any one-way street or alley the Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.240)

Section 330.020: One-Way Streets and Alleys

Upon all highways, streets or alleys or portions thereof, within this Municipality, where directional signs or markings are placed, or signs or markings reading “One-Way” or words to that effect, vehicular traffic shall move only in the indicated direction, and when such indicating signs or markings are plainly visible at any place, movement in the opposite direction is prohibited.
(Ord. No. 80-10 §1; CC §76.050; RSMo. §300.245)

Section 330.030: Designated One-Way Street during Certain Periods

A. That it is hereby established that the unnamed alley which is the first alley West of the Crooked Creek Bridge on Main Street, shall be a one-way street from the intersection of said unnamed alley and Main Street to the intersection of the unnamed alley and Union Street with the direction of travel flow being in the Southeast direction. Said alley is approximately five hundred four (504) feet in length. It is the intention of this Section to allow traffic to travel from Main Street to Union Street and prevent travel of traffic from Union Street to Main Street.

B. Any person violating this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be assessed a tine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) or committed to the County Jail not to exceed six (6) months or for any combination of fine and jail confinement thereof.
(Ord. No. 89-23 §§1-2; RSMo. §300.250)

Chapter 335: STOP AND YIELD INTERSECTIONS

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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 §335.090.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.255)

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 Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.260)

Section 335.030: Other Intersections Where Stop or Yield Required

The Chief of Police is hereby authorized to determine and designate intersections where particular hazard exists upon other than thorough streets and to determine whether vehicles shall stop at one or more entrances to any such intersection in which event he 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 different streets at such intersection as prescribed in Subsection A of Section 335.040, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required, after approval by the Board of Aldermen.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.265)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.270)

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 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.275)

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 failure to yield right-of- way.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.280)

Section 335.070: Emerging From Alley, Driveway or Building

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.285)

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 is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.290)

Chapter 340: MISCELLANEOUS DRIVING RULES

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Section 340.010: Following Fire Apparatus Prohibited

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.300)

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, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.305)

Section 340.030: Driving Through Funeral or Other Procession

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Title. This provision shall not apply at intersections where traffic is controlled by traffic control signals or Police Officers.
(Ord. No. 80-10 §; CC §76.010; RSMo. 300.310)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.315)

Section 340.050: Funeral Procession To Be Identified

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle or a pennant or other identifying insignia or by such other method as may be determined and designated by the Police Department.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.320)

Section 340.060: Vehicle Shall Not Be Driven on a Sidewalk

The driver of a vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.330)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.335)

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 not 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. 300.340)

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 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 person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one person. Any motorized bicycle designed to carry more than one person must be equipped with a passenger seat and footrests for the use of a passenger.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.345)

Section 340.100: Riding Bicycle on Sidewalks, Limitations — Motorized Bicycles Prohibited

A. No person shall ride a bicycle, skateboard or roller-skate 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.
(Ord. No. 80-10 §1; CC §76.010; Ord. No. 98-01 §1; 5-11-98; RSMo. §300.347)

Section 340.110: Riding Bicycles, Sleds, Roller Skates, By Attaching To another Vehicle, Prohibited

No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.350)

Section 340.120: 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.355)

Section 340.130: Driving Through Safety Zone Prohibited

No vehicle shall at any time be driven through or within a safety zone.
(Ord. No. 80-10 §1; CC §76.010; RSMo. 300.365)

Section 340.140: Bicycle Equipment and Riding Regulations

A. Lights Required: No bicycle shall be used on any public street, alley or sidewalk within the City from one- half (1/2) hour after sunset to one-half (1/2) hour before sunrise, without displaying a white light on and attached to the front of said bicycle, visible from the front for a distance of at least three hundred (300) feet, and unless a red light or red reflector is attached to the rear of said bicycle, visible from the rear for a distance of at least three hundred (300) feet.

B. Brakes: It shall be unlawful for any person to ride or operate a bicycle in the City, without having the same properly equipped with workable and safe brake or brakes.

C. Observing Traffic Laws: Every person riding a bicycle upon any street, alley or sidewalk within the City shall observe and obey the traffic laws and traffic signals of the City and of the State, so far as the same apply to the riding of bicycles and specifically and without limitation, shall include traffic rules relating to traffic lights and highway stop signs, and the requirement that one must signal any change of direction in the course of travel and must travel on the right-hand side of the center of the street, except one-way streets, and that one shall not turn to the right or left in traffic, except at the regular street intersections, and that one shall not weave in and out of the line of traffic.

D. Use On Sidewalks Restricted: It shall be unlawful for any person to ride or operate a bicycle on the sidewalks.

E. Hooking On Or Towing: No person riding a bicycle shall hook on to any bicycle or other vehicle or tow another bicycle or permit his bicycle to be towed.

F. Riding Abreast: It shall be unlawful for more than two (2) persons to ride bicycles abreast of each other on any public street or alley.

G. Manner Of Riding: It shall be unlawful for any person to do any trick riding on a bicycle or to ride without at least one (1) hand on the handle bar or bars at any time upon any public street, alley or sidewalk.

H. Right To Inspect: Any peace officer may at any time have the right to inspect any bicycle and to require the owner or operator to put the same in a safe operating condition.

I. Special Penalty: Any person violating any of the provisions of this Section, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than ten dollars ($10.00), and in addition to such fine, the Court may temporarily suspend the use of such bicycle and may impound the same for any period not exceeding thirty (30) days, and, in case of any minor under the age sixteen (16) years, the Court may require that as a condition precedent to the release of such bicycle that the parent or guardian of such minor shall first give satisfactory assurance to the Court that the provisions of this Section will be thereafter complied with by such rider.
(Ord. No. 80-10 §1;)

Section 340.150: All Terrain Vehicles

A. All definitions as set forth in Section 300.020 of this Code are hereby expressly incorporated by reference in this Section as if fully and completely set forth herein.

B. No person shall operate an all-terrain vehicle as defined in Section §300.020 upon the streets, highways and alleys of this City except for an all-terrain vehicle owned and operated by governmental entities for official use.

C. No person shall operate an off-road vehicle as defined in Section §304.001 RSMo. (1986), within any stream or river located within this City except that such off-road vehicles may be operated within the waterways which fall within the boundaries of land with which the off-road vehicle operator owns or has permission to be upon.

D. A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, 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) mites 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.

E. No person shall operate an all-terrain vehicle:

In any careless way so as to endanger the person or property of another;
While under the influence of alcohol or any controlled substance; or
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.

F. No operator of an all-terrain vehicle shall carry a passenger.

G. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor upon conviction for violation of this Section and shall be assessed a fine not to exceed three hundred dollars ($300.00) or assessed avail term not to exceed thirty (30) days or by any combination of said fine and jail sentence.
(Ord. No. 88-9 §§1-7)

Section 340.160: Seat Belt Regulations

A. 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, motor tricycles and trucks.

B. Each driver, except persons employed by the United State 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 passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this City, shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements; except that, a child less than four (4) years of age shall be protected as required in Section 340.190. Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened safety belt. No person shall be stopped, inspected, or detained solely to determine compliance with this Subsection. The provisions of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body.

C. Each person who violates the provisions of Subsection B of this Section after July 1, 1987, shall be guilty of an infraction for which a tine of ten dollars ($10.00) shall be imposed. All other provisions of law and Court rules to the contrary notwithstanding, no Court costs may be imposed if Court costs have been assessed on any other charge arising out of the same occurrence.
(Ord. No. 87-14 §§1-3)

Section 340.170: Child Passenger Restraints

A. Every person transporting a child under the age of four (4) years residing in this State shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this City, for providing for the protection of such child. When traveling in the front seat of a motor vehicle the child shall be protected by a child passenger restraint system approved by the Department of Public Safety. When traveling in the rear seat of a motor vehicle, the child shall be protected by a child passenger restraint system approved by the Department of Public Safety or the vehicle's seat belt. When the number of child passengers exceeds the number of available passenger positions, and all passenger positions are in use, remaining child shall be transported in the rear seat of the motor vehicle. The provisions of this Section shall not apply to motor vehicles registered in another State, or to a temporary substitute vehicle.

B. Any person who violates this Section is guilty of an infraction, and, upon conviction, shall be punished by a fine of twenty-five dollars ($25.00) and court costs.

C. The provisions of this Section shall not apply to any public carrier for hire.
(Ord. No. 87-15 §§1 -3)

Section 340.180: Driving While Intoxicated

A. No person shall operate a motor vehicle at any place within the corporate limits of the City while in an intoxicated condition. A person who violates provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction therefore shall be punished as follows:

For the first offense, by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County jail for a term not exceeding six (6) months or by both such tine and imprisonment.
For the second offense, by a fme of not more than seven hundred fifty dollars ($750.00) or by imprisonment in the County jail for a term not to exceed nine (9) months, or by both such fine and imprisonment.
For the third offense and subsequent offense, by confinement in the County jail for a term of not more than one (1) year or by fine of not more than one thousand dollars ($1,000.00) or by both such fine and imprisonment.

B. No person shall drive or operate a motor vehicle at any place within the corporate limits of the City when the person has eight-hundredths (.08) of one percent or more by weight of alcohol content in his blood. As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva, or urine. For the purpose of determining the alcoholic content of a person's blood under this Section, the test shall be conducted in accordance with the provisions of this Section. A person who violates provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction therefore shall be punished as follows:

For the first offense, by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County jail for a term not exceeding six (6) months or by both such tine and imprisonment.
For the second offense, by a fine of not more than seven hundred and fifty dollars ($750.00) or by imprisonment in the County jail for a term not to exceed nine (9) months, or by both such fine and imprisonment.
For the third offense and subsequent offense, by confinement in the County jail for a term of not more than one (1) year or by fine of not more than one thousand dollars ($1,000.00) or by both such fine and imprisonment.

C. 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 this Section, a chemical test of his breath for the purpose of determining the alcohol content of his blood if arrested for any offense arising out of act: which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while intoxicated. The test shall be administered by or at the direction of a Law Enforcement Officer whenever the person has been arrested for the offense. Chemical analysis of the persons' breath, to be considered valid under the provisions of this Section, shall be performed according to methods approved by the State Division of Health by a person possessing a valid permit issued by the State Division of Health for this purpose. The State Division of Health techniques or methods to ascertain the qualifications and competence of individuals to conduct analysis and to issue permits which shall be subject to termination or revocation by the State Division of Health shall be followed by the City. The person tested may have a physician or qualified technician, chemist, registered nurse or other qualified person of his own choosing 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 prelude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the arson who submits to a chemical test at the request of a Law Enforcement Officer, full information concerning the test shall be made available to him.

D. Upon the trial of any criminal action or violations of municipal ordinances arising out of act: alleged to have been committed by any person while driving a motor vehicle while intoxicated, the amount of alcohol in the person's blood at the time of the act alleged as shown by chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence. Such evidence shall be construed as follows:

If there was ten-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood.
The foregoing provisions of this Subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

E. An arrest without a warrant by a peace officer, including a uniformed member of the City Police, for a violation of this Section is lawful whenever the arresting officer has reasonable grounds to believe that the person to arrested has violated this Section, whether or notate violation occurred in the presence of the arresting office; provided however, that any such arrest without warrant must be made within one and one- half (1 1/2) hours after such claimed violation occurred.

F. If a person under arrest refuses upon the request of the arresting officer to submit to a chemical test, which request shall include the reasons of the officers for requesting the person to submit to a test and which also shall inform the person that his license may be revoked upon his refusal to take the test, then none shall be given. In this event the arresting officer, if he so believes, shall make a sworn report to the Director of Revenue that he has reasonable grounds to believe that the arrested person was driving a motor vehicle upon the public highways of this City while in an intoxicated condition and, on his request refused to submit to the test.
(Ord. No. 80-12 §1; Revised October 14, 2002, Ord. No. 02-21)

Section 340.190: Careful and Prudent Driving

A. Every person operating a motor vehicle on the public streets and alleys or other thoroughfares of this Municipality 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.

B. All persons operating a motor vehicle shall drive and operate said motor vehicle on the right half of the roadway, provided said roadway is of sufficient width or unless otherwise excepted, under Section 304.015(2) RSMo. (1978).

C. Upon conviction of this Section, a person shall receive a fine of not less than five dollars ($5.00), nor more the five hundred dollars ($500.00), or by confinement in a County jail for a period not to exceed six (6) months, or by any combination thereof, of said fine or confinement in the County jail.
(Ord. No. 86-8 §§1-3)

Section 340.200: Driving on Suspended or Revoked License

A. It shall be unlawful for any person to possess an operator's license issued by the State of Missouri or any other State of the United States of America when the operating privileges of the person possessing the same have been suspended or revoked by the State of Missouri or any other State of the United States of America.

B. Any person is in violation of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be fined a fine not to exceed five hundred dollars ($500.00) or shall be imprisoned in the City Jail not to exceed thirty (30) days or by any combination of said fine and jail sentence.
(Ord. No. 89- 14 §§1-2; Ord. No. 94-11 §§1-2; 5-16-94)

Section 340.210: Operators Must Drive on Right Half of Road — Exceptions

A. Upon all public roadways of sufficient width a vehicle shall be driven on the right half of the road way except as follows:

When over taking and passing another vehicle proceeding in the same direction under the rules governing such movement.
When the right half of the roadway is closed to traffic while under construction and repair.
Upon a road way designated by an ordinance as a one-way street and marked or signed for one- way traffic.

B. Any person violating this Section shall be deemed guilty of a misdemeanor and upon conviction shall be assessed a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or be confined to the City Jail for a term not to exceed thirty (30) days or for such combination of said fine and or confinement in the City Jail.
(Ord. No. 89-32 §§3-4)

Section 340.220: Financial Responsibility

A. No owner of a motor vehicle shall operate the motor vehicle, or authorize any other person to operate the said motor vehicle, or allow any other person to operate said motor vehicle unless the owner maintains the financial responsibility as is required under Chapter 303, RSMo. Furthermore, no persons shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has such financial responsibility which covers his/her operation of the other person's motor vehicle.

B. A motor vehicle owner shall maintain his/her financial responsibility in the manner provided for in Section 303.160, RSMo., or with a motor vehicle liability policy which conforms to the requirements of the laws of the State of Missouri.

C. No owner or possessor of a motor vehicle shall allow any other person to operate said motor vehicle within the corporate City limits of the City of Marble Hill, Missouri, when the person operating said motor vehicle is known by the owner or the possessor of said motor vehicle to have his/her operating privileges suspended or revoked under laws of the State of Missouri or any other State of the United States of America.

D. Upon conviction for a violation of this Section, a person shall be deemed guilty of a misdemeanor and shall be assessed a fine not to exceed five hundred dollars ($500.00) or a sentence in the City Jail for a term not to exceed ninety (90) days, or by any combination thereof of said fine and sentence.
(Ord. No. 94-12 §§1-4; 5-16-94)

Section 340.230: Illegal to Avoid an intersection-penalty

A. Any person who shall operate a motor vehicle in such a manner so as to avoid passing through an intersection by crossing a private parking lot or crossing any other property other than an open street or alley way within the corporate City limits of the City of Marble Hill, with the result being to avoid a traffic control device, shall be deemed guilty of a misdemeanor.

B. Upon conviction of any violation of this Section, a person shall be assessed a fine not to exceed five hundred dollars ($500.00), or be confined in the City Jail for a term not to exceed ninety (90) days, or by any combination of said fine or jail confinement.
(Ord. No. 94-23 §§1-2; 6-13-94)

Section 340.240: Motorists Required To Stop For School Buses

A. The driver of a vehicle upon a highway, City street or other public thoroughfare, upon meeting or overtaking from either direction any school bus which has stopped on the roadway 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. If any vehicle is witnessed by a Peace Officer or the driver of a school bus to have violated the provisions of this Section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners.

C. Any person violating the provisions of this Section shall, upon conviction, be deemed guilty of a misdemeanor and may be fined up to the sum of five hundred dollars ($500.00) or be imprisoned up to ninety (90) days in jail, or by both such fine and imprisonment.
(Ord. No. 98-03 §§1-3; 7-13-98)

Section 340.250: Vision-Reducing Material Applied to Windshield or Windows Without Permit Prohibited

A. No person shall operate any motor vehicle registered in this state on any street of this city with any manufactured vision-reducing material applied to any portion of the motor vehicle's windshield, sidewings, or windows located immediately to the left and right of the driver which reduces visibility from within, or without the motor vehicle. 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 tinted material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass. Any person may operate a motor vehicle with [side and rear windows] 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 (35%) percent or more plus or minus three (3%) percent and a luminous reflectance of thirty-five (35%) percent or less plus or minus three (3%) percent. Except as provided in subsection 3 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 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 Missouri department of public safety director 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 Missouri director of the department of public safety shall promulgate rules and regulation for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree by 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 2 of this Section, all sun screening devices applied to 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 vehicles safety glass.

C. Any vehicle licensed with a historical license plate shall be exempt from the requirements of this section.
(Ord. No. 11-06 §§1-3; 7-11-11)

Chapter 345: PEDESTRIANS RIGHTS AND DUTIES

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Section 345.010: Pedestrians Subject To Traffic Control Devices

Pedestrians shall be subject to traffic control signals but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this Chapter.
(Ord. No. 80-10 §1; CC 76.010; RSMo. §300.370)

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 345.040.

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.375)

Section 345.030: 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.385)

Section 345.040: 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 345.050 when pedestrians are prohibited from crossing at certain designated places.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.390)

Section 345.050: 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.395)

Section 345.060: Obedience of Pedestrians to Bridge Signals

No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.400)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.405)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.410)

Chapter 350: METHOD OF PARKING

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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 inches (18”) of the right-hand curb.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.415)

Section 350.020: Signs, or Markings Indicating Angle Parking

A. The Chief of Police 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 Highway 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 or upon any streetcar tracks.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.420)

Section 350.030: Obedience to Angle Parking Signs or Markers

On those streets which have been signed or marked by the Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.425)

Section 350.040: Parking Prohibited

It shall be unlawful for any person to park within prohibited areas as designated by painted lines, signs, or other markings.
(Ord. No. 80-10 §1; CC §76.710)

Section 350.050: Parking Within Lines

Every person when parking in a parking area or zone marked by painted lines, signs or other markings shall park within such lines or markings and in obedience to such signs and it shall be unlawful to park in disregard of such painted lines, signs or markings.
(Ord. No. 80-10 §1; CC §76.720)

Section 350.060: Parking-Definitions

Definitions:
A. PARKING ZONE: The space which shall be marked by painted lines on the street or curb or other signs to be the parking space for one (1) vehicle.

B. VEHICLE: Any device upon which persons or property are or may be transported upon a highway or street except those operated on rails.
(Ord. No. 80-10 §1; CC §76.700)

Section 350.070: Parking Restrictions

A. All motor vehicles not in motion shall be parked with their right side as near the right hand side of the road way as practical except for any such road ways in which the parking areas have been regulated or have teen designated for parking other than as set forth in this Section.

B. In complying with this Section, all vehicles shall be parked in such a manner so as to not impede or otherwise obstruct traffic using the road way in which said vehicle is being parked.

C. Any person violating this Section shall be deemed guilty of a misdemeanor and upon conviction shall be assessed a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or be confined to the City Jail for a term not to exceed thirty (30) days or for such combination of said fine and or confinement in the City Jail.
(Ord. No. 89-32 §§1-2, 4)

Chapter 355: STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES

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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:

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 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;
h. On any railroad tracks;
i. At any place where official signs prohibit stopping;
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 fifteen (15) feet of a fire hydrant;
c. Within twenty (20) feet of a crosswalk at an intersection;
d. Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway;
e. 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);
f. At any place where official signs prohibit standing.
Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within fifty (50) feet of the nearest rail of a railroad crossing;
b. At any place where official signs prohibit parking.

B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.440)

Section 355.020: Parking Not To Obstruct Traffic

No person shall park any vehicle upon a street, other than an alley, 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.445)

Section 355.030: Parking in Alleys

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.450)

Section 355.040: Parking for Certain Purposes Prohibited

No person shall park a vehicle upon a roadway for the principal purpose of: Displaying such vehicle for sale; or Repair such vehicle except repairs necessitated by an emergency.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.455)

Section 355.050: Parking Adjacent to Schools

A. The Chief of Police 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 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.460)

Section 355.060: Parking Prohibited on Narrow Streets

A. The Chief of Police 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 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.465)

Section 355.070: Standing or Parking on One-Way Streets

The Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.470)

Section 355.080: 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 Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.475)

Section 355.090: No Stopping, Standing or Parking near Hazardous or Congested Places

A. The Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.480)

Section 355.100: Handicapped Parking

A. The term "physically disabled" means any natural persons who have permanently lost the use of one or both legs or one or both arms or any combination thereof, any person who is severely disabled as to be unable to move freely without the aid of crutches, braces, walker, canes, leg prosthesis or wheelchair, or any person who suffers from lung disease to such an extent that his forces expiratory volume in one second (FEY) when measured by spirometry is less than one liter or his arterial oxygen tenting (Po2) is less than sixty (60) mm/hg on room air at rest, or any person who has cardiovascular disease so severe as to measure between 3-4 on the New York Heart Classification Scale, or any person with cardiac disease resulting in marked limitation of physical activity when such physical activity causes fatigue, palpitation, dyspnea, or anginal pain.

B. The Street Department, subject to the direction and instruction of the Mayor and Board of Aldermen, shall designate parking locations as handicapped parking and shall do so by blue paint on the curb or edge of the paved portion of the street adjacent to the space. In addition to blue paint, the space shall be indicated by a sign upon which shall be inscribed the international symbol of accessibility and the words “Handicapped Parking” in white on a blue background.

C. It shall be unlawful for any person to park a motor vehicle in an area designated as "parking for the physically disabled" or designated as "handicapped parking" unless the motor vehicle so parked in the handicapped parking location displays a distinguishing license place issued pursuant to Section 301.071 or Section 301.142 RSMo. (1986), and unless that motor vehicle is at the time being used to transport the physically disabled and handicapped.

D. When it is deemed that a person operating a motor vehicle has violated the provisions of this Section, either by parking a motor vehicle in an area reserved for the physically disabled without a distinguishing license plate as provided above or by parking a properly licensed motor vehicle in the handicapped parking area when the motor vehicle is not being used to transport the physically handicapped, the Police Department may thereupon cause the removal of any vehicle not displaying a distinguishing license plate or placard bearing the word "disabled" issued pursuant to Section 301.142 RSMo. (1986), or a "disabled veteran" plate issued pursuant to Section 301.071 RSMo. (1986), from a space designated for physically disabled persons if there is posted immediately adjacent to, and readily visible from, such space, or in a conspicuous place at such parking location, a sign not less than seventeen (17") by twenty-two inches (22") in size with lettering not less than one inch (1") in height, which clearly and conspicuously states the following: Unauthorized vehicles parked in spaces reserved for physically disabled persons and not displaying distinguishing placards or license plates issued for physically disabled persons will be towed away at owner's expense. Towed vehicles may be reclaimed by paying all costs and expenses in said towing of said vehicle to the person or business who was authorized by the police to tow said vehicle and who actually towed said vehicle.

E. Any person who packs in a space reserved for physically disabled persons and not displaying distinguishing plates is guilty of an infraction. In addition to all other penalties, the person violating this Section may, upon conviction, be fined not less than twenty-five dollars ($25.00), nor more than two hundred dollars ($200.00) for violation of this Section.
(Ord. No. 87-11 §§1-5)

Section 355.110: Handicapped Parking — Designated

A. All handicapped parking locations shall be as set out in Schedule VIII of this Title.

B. The employees of the City of Marble Hill, Missouri are hereby directed to properly mark said handicapped spot so as to advise the public of the nature of said parking spot.

C. Anyone parking in said handicapped spot who is not handicapped and who does not have the proper designation exhibited on his motor vehicle as required by the ordinances and Code of the City of Marble Hill, Missouri, shall be guilty of a misdemeanor and shall be punished as set forth elsewhere in the ordinances and Code of the City of Marble Hill, Missouri.
(Ord. No. 89-5 §§1-3)

Section 355.120: No Parking Zones — How Designated

A. The Board of Aldermen of the City of Marble Hill, Missouri, may from time to time, designate certain areas in the City of Marble Hill as "No Parking Zones". Said "No Parking Zones" may be designated by the use of signs or by designating "No Parking Zones" with yellow paint.

B. Any person who shall park his motor vehicle or any owner of any motor vehicle which shall allow said motor vehicle to be parked in an area designated as a "No Parking Zone" shall be in violation of this Section and is declared to be a misdemeanor.

C. Upon conviction for violation of this Section, a person shall be assessed a fine not less than fifteen dollars ($15.00) and no more than fifty dollars ($50.00).
(Ord. No. 89-11 §§1-3)

Chapter 360: STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS

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Section 360.010: Application of Chapter

The provisions of this Chapter 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.520)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.525)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.530)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.535)

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 on any day except Sundays and public holidays within the district or upon any of the streets described by ordinance.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.540)

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 Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.545)

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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.550)

Section 360.080: No Parking-Bus Loading Zone

A. That a "No Parking - Bus Loading Zone" is hereby established on Hopkins Street and is more particularly described as follows: Beginning at the intersection of the South right-of-way line of William Street with the Eastern boundary of Hopkins Street; thence in a Southerly direction follow the Eastern boundary of Hopkins Street a distance of one hundred ninety (190) feet to the point of beginning of said "No Parking - Bus Loading Zone"; thence continue following the East right-of-way line of Hopkins Street a distance of one hundred thirty (130) feet to the Southernmost part of said "No Parking - Bus Loading zone".

B. That the above described "No Parking Zone" shall be restricted to all vehicular parking except for school busses from 7:30 A.M. to 3:00 P.M. Monday thorough Friday, during the time that school classes are in session.

C. The City Clerk is hereby authorized and directed to have the Chief of Police have appropriate signs posted describing the "No Parking - Bus Loading Zone", and the dates and times thereof.

D. Any person who violates any of the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be assessed a fine of not less than fifteen dollars ($15.00) nor more then one hundred dollars ($100.00).
(Ord. No. 88-18 §§1-4)

Chapter 365: TRAFFIC VIOLATIONS BUREAU

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Section 365.005: Traffic Violations Bureau

A. The functions of the Traffic Violations Bureau established by this Chapter shall be performed by the City Clerk.

B. The Judge of the Municipal Court shall designate the specified offenses under this law or under the traffic ordinances of the City and the State traffic laws in accordance with Supreme Court Rule Number 37.49 in respect to which payments of fines may be accepted by the City Clerk in satisfaction thereof, and shall specify by suitable schedules the amount of such fines for first, second, and subsequent offenses, provided such fines are within the limits declared by law or ordinances, and shall further specify what number of such offenses shall require appearance before the Court.
(Ord. No. 80-10 §1; CC §76.040)

Section 365.010: When Person Charged May Elect To Appear at Bureau or Before Magistrate

A. Any person charged with an offense for which payment of a (me may be made to the Traffic Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Traffic 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 acknowledgment of conviction of the alleged offense, and the bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.555)

Section 365.020: Duties of Traffic Violations Bureau

The following duties are hereby imposed upon the Traffic Violations Bureau in reference to traffic offenses:

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;
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.

(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.560)

Section 365.030: Traffic Violations Bureau to Keep Records

The Traffic 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 Traffic 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. 300.565)

Section 365.040: Additional Duties of Traffic Violations Bureau

The Traffic 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.570)

Chapter 370: PROCEDURE ON ARREST

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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 No. 37.46. 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 Chief of Police or his duly authorized agent, a record shall be maintained of every book so issued and a written receipt shall be rebuked 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 Chief of Police shall be responsible for the issuance of such books to individual members of the Police Department. The Chief of Police 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.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.575)

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 a warning or warning notice and does not take such person into custody under arrest, shall issue to him a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rule Number 37.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.580)

Section 370.030: Uniform Traffic Ticket 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 fading 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 for the driver to answer to the charge against him within five days during the hours and at a place specified in the traffic ticket.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.585)

Section 370.040: Warning of Arrest Sent Upon Failure to Appear

If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the Traffic Violations Bureau shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.
(Ord. No. 80-10 §1; CC §76.010: RSMo. §300.590)

Section 370.050: Police May Remove Vehicle-When

A. Members of the Police Department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or otherwise maintained by the City under the circumstances hereinafter enumerated:

When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;
When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal;
When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

B. Whenever an officer removes a vehicle from a street as authorized in this Section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefore and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

C. Whenever an officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the State Department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.
(Ord. No. 80-10 §1; CC §76.010; RSMo. §300.595)

Changes:
RSMo. §300.595. (Repealed L. 2002 H.B. 1270 and H.B. 2032 § A)

Chapter 375: MISCELLANEOUS TRAFFIC AND MOTHER VEHICLE RESTRICTIONS AND REGULATIONS

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Section 375.010: Tail Lights-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 shall 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, street or alley shall also carry at the rear, either as a part of the rear lamp or separately, at least one (1) approved red reflector, which shall be at such size and characteristic and so maintained as to be visible during the times 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 head lamps.

C. Every new passenger car, new commercial vehicle, motor-drawn vehicle and economy bus with a capacity of more than six (6) passengers registered in this State after January 1, 1966, when operated on a highway, sheet or 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 head lamps. Each such reflector shall meet the requirements of this Chapter and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches, no less than fifteen (15) inches above the surface upon which the vehicle stands.
(Ord. No. 90-04 §2; 3-5-90)

Section 375.020: Head Lamp on Motor Vehicles

Except as in this Chapter provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved head lamps 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 one (1) and not more than two (2) approved head lamps. Every motorcycle equipped with a sidecar or other attachments shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.
(Ord. No. 90-04 §3; 3-5-90)

Section 375.030: Other Equipment of Other Vehicles

A. Signaling Device: 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. Brake: 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 (1) vehicle is being towed by another they shall be coupled by a line so that the two (2) vehicles will be separated by not more than fifteen (15) feet and there shall be displayed on the towline a white cloth or paper so that the same will be clearly visible to other users of the highway. During the time lights are required by this Chapter the required lights shall be displayed by both vehicles.

G. Commercial Motor Vehicles and Trailers: When being operated on any highways, streets or alleys of this City, commercial motor vehicles and trailers shall be equipped with adequate and proper brakes, lighting equipment, signaling devices, steering mechanisms, horns, minors, 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.
(Ord. No. 90-04 §4; 3-5-90)

Section 375.040: Loads Which Might Become Dislodged to Be Secured

All motor vehicles, and every trailer and semi-trailer operating upon the public highways, streets and alleys of this City and carrying goods or materials or foreign 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 materials can become dislodged and fall from the vehicle, trailer, or semi-trailer while being transported or carried.
(Ord. No. 90-04 §5; 3-5-90)

Section 375.050: Application for Registration of Motor Vehicles, and Contents

Every owner of a motor vehicle or trailer, which shall be operated or driven upon the highways, streets or alleys of this City, except as otherwise expressly provided, shall annually file, by mail or otherwise, in the Office of the Director of Revenue an application of registration on a blank to be furnished by the Director of Revenue for that purpose, containing all the information that shall be required by Section 301.020, RSMo., of the Revised Statutes of the State of Missouri.
(Ord. No. 90-04 §6; 3-5-90)

Section 375.060: Display of Registration Tags

All owners of any motor vehicles or other vehicles for whom registration by the Department of Revenue is required shall upon receipt of a tab or set of tabs which is issued by the Director of Revenue affix and display such tab or tabs in the middle of the license plate issued to that vehicle, with no more than one (1) tab per plate. All tabs shall be issued and displayed in accordance with regulations of Section 301.130, RSMo.
(Ord. No. 90-04 §7; 3-5-90)

Section 375.070: License Plate Removed on Transfer or Sale of Vehicles — 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 should be unlawful for any person other than the person to whom such number plates were originally issued to have the same in his or her possession, whether in use or not; except that the seller may give the buyer written permission to use such plates for a period of fifteen (15) days, in which event the buyer shall have on display, on demand of any proper officer, said written consent of previous owner, together with an affidavit or other proof that he has made application for registration. The expiration of this fifteen (15) day period to said number plates shall be returned to the original owner.
(Ord. No. 90-04 §8; 3-5-90)

Section 375.080: Operation of Motor Vehicles without Proper License Prohibited-Motorcycle Special License Required, Together With Protective Head Gear

A. It shall be unlawful for any person, except those expressly exempted by Section 302.080, RSMo., to:

Operate, as a chauffeur, any vehicle upon any highway in this State unless he has a valid license as a chauffeur under the provisions of Sections 302.010 to 302.340, RSMo.;
Operate, other than as a chauffeur, any motor vehicle, except farm tractor, upon any highway, street or alley of this City unless he has a valid license as an operator under the provisions of Sections 302.010 to 302.340, RSMo. Any person holding a valid chauffeur's license shall not be required to procure an operator's license;
Operate a motorcycle or other self-propelled two- or three-wheeled vehicle upon any highway, street or alley of this City unless such person has a valid operator's or chauffeur's license which shows that he has successfully passed an examination for the operation of a motorcycle as prescribed by the Director of Revenue. The Director may indicate such upon a valid operator's or chauffeur's license issued to such person, or shall issue an operator's license restricting the applicant to the operation of a motorcycle or other self-propelled two- or three-wheeled vehicle if the actual demonstration, required by Section 302.173, RSMo., is conducted on such vehicle.
Authorize or knowingly permit a motorcycle or other two- or three-wheeled self-propelled vehicle owned by him or under his control to be driven upon any highway, street or alley by any person whose operator's or chauffeur's license does not indicate that the person has passed the examination for the operation of a motorcycle or has been issued an instruction permit therefore.

B. Every person operating or riding as a passenger on any motorcycle, as defined in Section 301.010, RSMo., upon any highway, street or alley of this City shall wear protective head gear at all times the vehicle is in motion. The protective head gear shall meet reasonable standards and specifications established by the Director of Revenue.
(Ord. No. 90-04 §9; 3-5-90)

Section 375.090: Right of Way at Intersection with 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, street or alley, provided however, there is no form of traffic control at such intersection.

B. When two (2) vehicles enter an intersection from different highways, streets or alleys 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.

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 State Highways and Transportation Commission with reference to State highways and the City of Marble Hill, Missouri, with reference to other roadways under their jurisdiction may designate through highways or roadways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one (1) or more entrances to such intersection.

Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in this Section;
a. Except when deeded 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 at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

b. The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, 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. After slowing or stopping the driver 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 traffic is moving across or within the intersection.

E. The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right of way to all vehicles approaching on the highway to be entered.

F. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the light of way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

G. The State Highways and Transportation Commissioner of the City of Marble Hill, Missouri, with respect to roads under their respective jurisdictions, on any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting 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 304.010, RSMo., or local ordinance.
(Ord. No. 90-04 §10; 3-5-90)

Section 375.100: Penalty

Any violation of any of the Sections in this Chapter shall be deemed a misdemeanor and shall be punished in accordance with the general penalties which are set forth in Section 100.050 of the Municipal Code of the City of Marble Hill, Missouri.

(Ord. No. 90-04 §11; 3-5-90)

Section 375.110: Highway Defined

Any reference in this Chapter to the word "highway" shall include all public alley ways, streets, and other public thoroughfares which are located in the City of Marble Hill, Missouri.
(Ord. No. 90-04 §12 §3-5-90)

Chapter 380: SCHEDULES

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Section I: Speed Limits

No person shall operate or drive a motor vehicle (except emergency vehicles on emergency runs) or any other conveyance on any street, boulevard, thoroughfare, or public way, in this city, at any time, at a rate of speed in excess of twenty (20) miles per hour except as a greater or lesser speed is hereinafter provided for certain streets, boulevards, thoroughfares, areas or public ways in the City:

Ordinance	Speed	Location
82-2	55 mph	That portion of Missouri State Highway 34 which begins at the point which is 1000 feet east following new Highway 34 from the two-way stop located at the intersection of Missouri State Highway 34 and Missouri State Highway 51 and Old Missouri State Highway 34, thence following said Missouri State Highway 34 in an easterly direction to the City limits of Marble Hill, Missouri
92-12 B-1	35 mph	That portion of Missouri State Route 51 commencing at the intersection of Missouri State Route 51 and Crooked Creek and continues west to the intersection of State Route 51 and First Street.
92-14 B-1	35 mph	That portion of Missouri State Route 51 which leads from the intersection of Missouri State Route 5 1 and Phelps Street and continues south to the intersection of Missouri State Route 51 and Opossum Creek.

Section II: Stopping, Standing Or Parking During Certain Hours On Certain Streets Prohibited

Ordinance	Location	Time
85-1	Either Side of Presnell St. or Conrad Ave.	11:00 P.M. to 6:00 A.M. on any day of the week
87-1	Either side of the west 300 feet of Presnell St.	1:30 A.M. to 6:00 A.M. of any day of the week
90-06	That portion of Hopkins Street beginning at the intersection of Hopkins Street and Old Highway 34, both sides of Hopkins Street for a distance of 510 on feet extending North from intersection of Hopkins Street and Old Missouri State Route 34.	No parking at any time
Exceptions	Ordinance 87-1 shall not apply to any person who has his primary residence located on Presnell St. Ordinance 85-1 shall not apply to any person making a lawful delivery to any business located on Conrad Ave. or Presnell St., provided the delivery of items is transpiring and the vehicle is not parked on said street for any other propos we This ordinance shall not apply to any owner of any business or employee of any business who may be engaged in work at the time said vehicle ma be asked on Presnell St. or Conrad Ave.
Penalty	Violation of Ordinance 85-1 shall result in the person being convicted of a misdemeanor and shall be punished by a fine of not less than fifteen dollars ($15.00) not more that five hundred dollars ($500.00), or by confinement in the County jail for a term not to exceed fifteen (15) days. Anyone who violates Ordinance No. 90-06 shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be assessed a fine of not less than ten dollars ($10.00) nor more than tweet dollars ($25.00)

Section III: Parking Limited

Parking shall be restricted as indicated herein when properly marked and signposted as regulated by Ch. 360 of this Title:

Ordinance	Limited	Location
69-2	One hour at a time	Union Street between First Street and between the hours of 8:00 A.M. and 6:00 P.M. Second Street.
80-7	2 hours	Beginning at the intersection of Presnell Street and Highway 51 North, thence traveling west a distance of 105 feet, the parking by any motor vehicle, trailer or anything else shall be limited on both the north side and the south side of Presnell Street.
93-1	Two hour parking zone between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday	First Street located between the intersection of First Street and Mound Street and First Street and Union Street. High Street located between the intersection of East Main Street and High Street and Water Street and High Street.

Section IV: Parking Restrictions

Parking shall be restricted as set out herein when properly signposted as regulated in Ch. 350 of this Title:

Ordinance	Restrictions	Location
69-2	Angle parking	Northwest side of Union Street only from the corner of First Street to the Post Office building.
69-2	Parallel parking	Northwest side of Union Street only from the Post Office building to Second Street.
69-2	Parallel parking	Southeast side of Union Street only from First Street to Second Street.
Exceptions:		No parking on Union Street between First and Second Street by vehicles larger than a one ton truck.
92-15 â-1	Angle parking only	Southeast side of Conrad Avenue beginning at the point of intersection of Conrad Avenue with Plutarch Street and thence extending in a southwesterly direction along the south right-of- way side of Conrad Avenue for a distance of 93 feet.
95-12	No parking	There shall be no parking in Railroad Park by vehicles larger than a one (1) ton truck.
Penalty:		Any person violating any of the provisions of this schedule, upon conviction, shall be punished by fine or imprisonment according to the provisions of the ordinances of the City of Marble Hill, Missouri, for parking violations.

Section V: Stop And Yield Signs

In accordance with Section 335.040 of this Title and when signs are erected giving notice thereof, traffic at the intersections listed in this Schedule shall be required to stop or yield as specified in this Schedule.

Table V-A. Stop Signs

Ordinance	Location
89-20	On Graham Street and Poplar Street, with said stop sings to be placed on Graham Street so as to allow Poplar Street to have uninterrupted traffic.
92-18	On Williams Street in such a manner as to require all east bound traffic on Williams to come to a complete stop before proceeding through the intersection of Williams Street and North Street.
94-18	On Rock Street in such manner as to require all east bound traffic on Rock Street to come to a complete stop before proceeding through the intersection of Rock Street and Broad Street.

Table V-B. Yield Signs

Ordinance	Location
92-18	All southbound and northbound traffic shall yield the right-of-way to traffic traveling on Broad Street at the intersections of Walnut Street and Broad Street and Gilmore Street and Broad Street.

Section VI: One-Way Streets

Traffic shall move only in the direction indicated, when so posted on the following streets:

Ordinance No.	Street	Direction
91-09	North Street from Water Street to Vine Street shall be one-way with the flow of traffic from Water to Vine Street.	Southerly

Section VII: Turning Regulations

The following regulations shall govern turns in certain locations, when signs are so posted:

Ordinance No.	Restriction	Location
91-13	No left turns	A vehicle that uses the driveway that services the drive-in window immediately west of the Security Bank of Bollinger County shall be prohibited from making a left hand turn from said driveway to travel north on First Street.

Section VIII: Handicapped Parking

Handicapped Parking only shall be allowed at the following locations as regulated by Sections 355.100-355.110 of this Title.

Ordinance No.	Location
89-5 B-1	On the south of Union Street with the eastern most portion of the handicapped parking place being located as follows: Beginning at the intersection of First Street and Union Street thence traveling west sixty-nine (69) feet to the beginning corner of the said handicapped spot and continuing to travel west for feet.
92-19 B-2	On the south side of High Street with the eastern most portion of the handicap space being located as follows: Beginning at the intersection of High Street and Hopkins; thence traveling west 42 feet to the beginning corner of said handicap spot and continuing to travel west for 20 feet 6 inches.
93-2	Two handicapped parking lots on Presnell Street, the starting corner of which is the southwest corner of Lot Eight (8), Block Two (2) in the Hopkinsville Addition to the City of Marble Hill, Missouri, and the exact location of which shall be laid out in accordance with the figures as set forth on Exhibit "A", a copy of which is on file in the City offices and is incorporated herein as if fully and completely set forth at length herein.
94-19	On First Street, the starting corner of which is 17 feet west of the east intersection corner where First Street intersects with Union Street thence continue West following First Street a distance of 22 feet for the handicapped restriction.

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Title IV. Zoning Code

Chapter 400: PLANNING COMMISSION

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Section 400.010: Definitions

For the purpose of this Chapter, the following terms mean or include:

A. BOARD OF ALDERMEN: The chief legislative body of the City of Marble Hill.

B. STREETS: Any public ways.

C. SUBDIVISION: The division of a parcel of land into two (2) or more lots or other divisions of land; it includes re-subdivision and, when appropriate to the context. relates to the process of subdividing or to the land or territory subdivided.
(LU/Ord. No. 81-1 §1)

Section 400.020: Board of Aldermen — Planning Commission — City Plan

The Board of Aldermen of the City Marble Hill shall adopt, amend, and carry out a City Plan and appoint a Planning Commission with the powers and duties herein set forth.
(LU/Ord. No. 81-1 §2)

Section 400.030: Members

The Planning Commission in the City of Marble Hill shall consist of eight (8) members, including the Mayor, a member of the Board of Aldermen selected by the Board annually at its first organizational meeting, the City Engineer or similar City official and five (5) citizens appointed by the Mayor and approved by the Board. This Commission shall be known as the City Planning Commission. All citizen members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board may remove any citizen member for cause stated in writing and after public hearing.
(LU/Ord. No. 81-1 §3)

Section 400.040: Commission to Elect Officers

The Commission shall elect a Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for re-election. The Commission shall hold regular meetings and special meetings as provided by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records. The Commission shall appoint employees and staff necessary for its work and may contract with City Planners and other professional persons for the services that it requires. The expenditures of the Commission exclusive of grants and gifts shall be within the amounts appropriated for the purpose by the Board of Aldermen.
(LU/Ord. No. 81-1 §4)

Section 400.050: City Plan

The Commission shall make and adopt a City Plan for the physical development of the City of Marble Hill. The City Plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Commission's recommendations for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces. The general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, abandonment or change of use of any of the foregoing. The general character, extent and layout of the re-planning of blighted districts and slum areas. The Commission may also prepare a zoning plan for the regulation of height, area, bulk, location and use of private non-profit and public structures and premises and population density but the adoption and enforcement and administration of the zoning plan shall conform to the provisions of Section 89.010 to 89.140, Revised Statutes of Missouri.
(LU/Ord. No. 81-1 §5)

Section 400.060: Commission to Make Studies and Surveys

In the preparation of the City Plan, the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the municipality which will, in accordance with existing and future needs, best promote the general welfare as well as efficiency and economy in the process of development.
(LU/Ord. No. 81-1 §6)

Section 400.070: Commission to Adopt Plan

The Commission may adopt a plan as a whole by a single resolution or as the work of making the whole City Plan progresses may, from time to time, adopt a part or parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof, the Commission shall hold at least one (1) public hearing thereon. Fifteen (15) days notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City of Marble Hill. The hearing may be adjourned from time to time. The adoption of the plan requires majority vote of the full membership of the Planning Commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan, or part thereof, by the identifying signature of the Secretary of the Commission, identified properly by file number and a copy of the plan or part thereof shall be certified to the Board and the City Clerk and a copy shall be recorded in the office of the County Recorder of Deeds.
(LU/Ord. No. 81-1 §7)

Section 400.080: Public Officials to Furnish Information to Commission

All public officials, shall, upon request, furnish to the Commission within a reasonable time all available information it requires for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Commission shall have the power necessary to enable it to perform its functions and promote municipal planning.
(LU/Ord. No. 81-1 §8)

Section 400.090: Commission to Approve Construction

Whenever the Commission adopts the plan of the City of Marble Hill or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the municipality until the location, extent and character thereof has been submitted to and approved by the Planning Commission In case of disapproval, the Commission shall communicate its reasons to the Board of Aldermen and the Board by vote of not less than two-thirds (2/3) of its entire membership may overrule the disapproval, and upon the overruling, the Board of Aldermen or the appropriate Board or officer may proceed, except that if the public facility or utility is one authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the Planning Commission shall be by the Board having jurisdiction, and the Planning Commission's disapproval may be overruled by that Board by a vote of not less than two-thirds (2/3) of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for sale or lease of any street or other public facility is subject to similar submission and approval and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.
(LU/Ord. No. 81-1 §9)

Section 400.100: Commission to Perform Functions of Zoning Commission

The Commission shall have and perform all the functions of the Zoning Commission provided for in Sections 89.010 to 89.140, Revised Statutes of Missouri, 1978, and amendments thereto and shall have and perform all of the functions of the Planning Commission as outlined in said Chapter.
(LU/Ord. No. 81-1 §10)

Section 400.110: Subdivisions to Veto Approval of Commission

After the Planning Commission of the City of Marble Hill adopts a City Plan which includes at least a major street plan, or progresses in its City Planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the Recorder of Deeds of Bollinger County, then no plat of a subdivision of land lying within the municipality shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Commission to the Board of Aldermen and the Board has approved the plat as provided by law.
(LU/Ord. No. 81-1 §11)

Section 400.120: Subdivision Regulations

A. The Planning Commission shall recommend, and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the municipality, for the coordination of streets within the subdivisions with other existing or planned streets or with other features of the City Plan or official map of the municipality, for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic.

B. The regulations may include requirements as to the extent and manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all these requirements is a condition precedent to the approval of the plat. The regulations or practice of the Board of Aldermen may provide for the tentative approval of the plat previous to the improvements and installations, but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installations previous to the final approval of the plat, the Board of Aldermen may accept a bond in an amount and with surety and conditions satisfactory to it, providing for and securing the actual construction and installation of the improvements in utilities within a period specified by the Board of Aldermen and expressed in the Bond. The Board may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the Board is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the City Plan and for appropriate means for providing for the compensation including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.

C. Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the Board of Aldermen.
(LU/Ord. No. 81-1 §12)

Section 400.130: Plat Approval

A. Within sixty (60) days after submission of a plat to the Commission, the Commission shall approve or disapprove the plat, otherwise the plat is deemed approved by the Commission, except that the Commission with the consent of the applicant for the approval may extend the sixty (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.

B. The approval of a plat by the Commission does not constitute or effect an acceptance by the City of Marble Hill or public of the dedication to public use of any street or other ground shown upon the plat.

C. No owner or agent of the owner of the land located within the platting jurisdiction of the City of Marble Hill shall knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land before the plat has been approved by the Board of Aldermen or Planning Commission and recorded in the office of the Recorder of Deeds of Bollinger County. Any person violating the provisions of this Section shall forfeit and pay to the City of Marble Hill a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City of Marble Hill may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
(LU/Ord. No. 81-1 §13-15)

Section 400.140: Major Street Plan

A. Upon adoption of a major street plan and subdivision regulations, the City of Marble Hill shall not accept, lay out, open, improve, grade, pave or light any street lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the City unless the street has received a legal status of a public street prior to the adoption of a City Plan, or unless the street corresponds in its location and lines with the street shown on a subdivision plat approved by the Board of Aldermen or Planning Commission or on a street plan made by and adopted by the Commission. The Board of Aldermen may locate and construct or may acceptably other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board of Aldermen.

B. After the adoption of a major street plan, no building permits shall be issued for and no buildings shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to requirements of Subsection A above.

C. Whenever a plan for major streets has been adopted, the Board of Aldermen upon recommendation of the Planning Commission is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the Board of Aldermen is authorized to prohibit any new building being located within the proposed site or right-of-way when the center line of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the Planning Commission and adopted by the Board of Aldermen.
(LU/Ord. No. 81-1 §16-18)

Section 400.150: Penalty

Any person violating the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by confinement in the County jail for not more than ninety (90) days or by both such fine and confinement.
(LU/Ord. No. 81-1 §19)

Chapter 405: ZONING REGULATIONS

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Section 405.010: Title

This Chapter shall be known and may be cited and referred to as the Zoning Code of the City of Marble Hill, Missouri.
(Ord. No. 92-01 §1; 1-13-92)

Section 405.020: Definitions

For the purpose of this Chapter certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory.

ACCESSORY BUILDINGS: A subordinate building which is incidental to the principal building or use and which is located on the same lot with such principal building or use.

ACCESSORY USE: A use incidental to the principal use of a building located on the same lot with the principal building or use.

ALLEY: A public or private thoroughfare which affords only a secondary means of access to abutting property.

BASEMENT: A story having a part, but not more than one-half ('h) of its height, below grade. A "basement" is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes.

BOARDING HOME: A building other than a hotel, where for compensation and by arrangement for definite periods, meals, or lodging and meals, are provided for five (5) or more persons, but not exceeding twenty (20) persons.

BUILDING: Any structure having a roof supported by columns or walls built for the support, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels), nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a tire wall, then each such portion shall be deemed to be a separate building.

BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip or gambrel roofs.

BUILDABLE AREA: That area remaining after the yard requirements is met.

CELLAR: A story having more than one-half ('h) of its height below grade.

COMMERCIAL USE: Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.

COMPREHENSIVE PLAN: An official document adopted by the City setting forth a plan for the physical development of the community including studies of land use, traffic volume and flow, schools, packs, and other public buildings.

DISTRICT: A section or sections of the City of Marble Hill for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of the use are uniform.

DWELLING: Any building or portions thereof which is designed and used exclusively for residential purposes.

DWELLING, MULTIPLE: A building designed for or occupied exclusively by more than two (2) families.

DWELLING, SINGLE-FAMILY: A building designed for or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY: A building designed for or occupied exclusively by two (2) families.

DWELLING UNIT: One (1) or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single-family as deemed herein.

FAMILY: One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit and maintaining a common household, whether or not related by blood, marriage or adoption.

FARM: An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "fanning" includes the operation of such an area for one (1) or more of the above uses, including daily farms with the necessary accessory uses for treating and storing the produce; provided however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten (10) acres in one (1) parcel under common ownership or operation, and provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.

FILLING STATION: Any building or premises used for the sale at retail of motor vehicle fuels, oil, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories.

FLOOR AREA: The total number of square feet of floor space within the exterior wails of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

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 dead-end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.

GARAGE, COMMERCIAL: Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include storage of wrecked or junked vehicles.

GARAGE, PRIVATE: A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.

GRADE: The average level of the finished surface of the pound adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

HOME OCCUPATION: Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic household purposes.

INDUSTRY: The term "industry," as used in this Chapter is restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing.

INSTITUTION: A building occupied by a non-profit corporation or a non-profit establishment for public use.

LOADING SPACE: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

LOT: A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, open spaces, and parking spaces required by this Chapter, and having its principal frontage upon a street.

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 the rear lot lines.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT OF RECORD: A lot which is a part of a subdivision, the map or plat of which has been recorded in the office of the County Recorder of Bollinger County, Missouri; or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Bollinger County, Missouri, prior to the adoption of this Chapter.

MANUFACTURER: An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.

MOBILE OR MANUFACTURED HOME: A factory-built structure or structures more than eight (8) body feet in width and thirty-two (32) feet or more in length, equipped with the necessary service connections and made so as to be readily movable on its, or their own, running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.

MODULAR HOME UNIT: A factory-fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential commercial, educational, or industrial purposes that is indistinguishable in appearance from conventionally built structures. For the purposes of this Chapter, "modular home units" are considered as permissible single-family dwellings in appropriate districts.

MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT: Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of paying guests.

NON-CONFORMING USE: Any building or land lawfully occupied by a use at the time of passage of this Chapter (January 13, 1992), or amendment thereto, which does not conform after passage of this Chapter (January 13, 1992), or amendment thereto, with the use regulations of the district in which it is situated.

NURSING HOME: A home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions.

PARKING SPACE, OFF-STREET: An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile.

PLAT: A map, plan, or layout of a city, township, section or subdivision indicating the location and boundaries of individual properties.

PREMISES: A lot, together with all buildings and structures thereon.

SIGN: An identification, description, illustration or device which is affixed to, or represented directly or indirectly upon, a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.

STORY: That portion of a building, 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 sixty percent (60%) of the floor area is finished off for use. A "half story" may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.

STREET: A public way which affords the principal means of access to abutting property.

STREET LINE: A dividing line between a lot, tract, or parcel of land and a contiguous street.

STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

STRUCTURAL ALTERATION: Any change, except those required by law or ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing wails, columns, beams or girders, not including openings in bearing walls, as permitted by other ordinances.

TRAILER OR MOBILE HOME PARK: An area or plot of ground upon which two (2) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.

USE: The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is, or may be, occupied or maintained.

YARD: An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter.

YARD, FRONT: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

YARD, REAR: A yard extending the full width of the lot between a main building and the rear lot line.

YARD, SIDE: A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
(Ord. No. 92-01 §2; 1-13-92)

Section 405.030: District Boundaries and General Regulations

A. In order to classify, regulate and restrict the locations of trades industries and residences, and the location of buildings designed for specific uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City of Marble Hill is hereby divided into districts of which there shall be eight (8) in number known as:

“A” Agriculture District
“R-1” Single-Family Residential District
“R-2” General Residential District
“MH” Mobile Home Park District
“C-1” General Commercial District
“C-2” Planned Commercial District
“I-1” Light Industrial District
“I-2” Heavy Industrial District

B. The boundaries of these districts are shown upon the “Zoning District Map for the City of Marble Hill, Missouri,” which accompanies and is made apart of this Chapter. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of the Zoning District Map is properly attested and is on file with the City Clerk of the City of Marble Hill, Missouri.

C. All territory which may hereafter be annexed to the City of Marble Hill shall be classified in the "R-1" Single-Family Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 405.190 of this Chapter.

D. Whenever any street or other public way is vacated by official action of the City of Marble Hill, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then, and henceforth, be subject to all appropriate regulations of the extended districts.

E. Where uncertainty exists with respect to the boundaries of the various districts shown on the Zoning District Map, the following rules shall apply:

Where a boundary line is given a position within a street, alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right of way and distances measured from a railroad shall be measured from the center of the designated main line track.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts, unless said boundaries are otherwise indicated on the map.
In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale shown on the Zoning District Map.

F. Except as hereinafter provided:

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for the purpose permitted in the district in which the building or land is located.
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area, parking and other regulations pre-scribed herein for the district in which the building is located.
The minimum yards and other open spaces, including lot areas per family required by this Chapter, shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure whether existing on January 13, 1992, or hereafter erected, shall not be encroached upon, or be considered, as a yard or open space requirement for other building or structure.
Every building hereafter erected, or structurally altered, shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.

(Ord. No. 92-01 §3; 1-13-92)

Section 405.040: "A" Agricultural District

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "A" Agricultural District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

Farms, truck gardens, and nurseries, including the sale and distribution of agricultural products and products other than machinery, that are to be used for agricultural purposes; provided however, that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish, or offal.
Single-family dwellings.
Customary home occupations, provided that a special use permit is granted under Section 405.160.
Airports, and landing fields having prior approval of the Federal Aviation Administration.
Publicly owned or operated properties.
Public packs, public playgrounds and recreational areas operated by membership organizations for the benefit of their members and not for gain.
Railroad rights of way.
Public schools and institutions of higher education, public libraries and municipal buildings.
Churches and other places of worship, Sunday School buildings and parish houses.
Cemeteries, including mausoleums with special use permit only; provided that mausoleums shall be distant at least two hundred (200) feet from every street line and adjoining lot lines and, provided further, that any new cemetery shall contain an area of twenty (20) acres or more.
Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.
Roadside stands, offering for sale only farm products which are produced upon the premises.
Riding stables, veterinary hospitals or the keeping of small animals; provided that any building or enclosure housing animals shall be located at least one hundred (100) feet from all property lines.
Grain elevators or similar storage structures, including buildings for seasonal or temporary storage of grain.
Hospitals and institutions of an educational, religious, charitable, or philanthropic nature, with special use permit only; provided however, that such buildings shall not be located upon sites containing an area of less than five (5) acres, may occupy not over ten percent (10%) of the total area of the lot, and that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.
Accessory building or use customarily incidental to any of the above uses.
Church bulletin board or a temporary sign not exceeding twenty (20) square feet in area, appertaining only to the lease, hire or sale of a building or premises, or the sale of products grown and sold on the premises; provided however, that not more than one (1) sign of the above character shall be permitted on any lot or tract.
Public utilities including water treatment plants, sewage treatment plants and electrical distribution plants.

Section 405.050: "R-1" Single-Family Residential District

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "R-1" Single-Family Residential District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

Farming.
Single-family dwellings.
Two (2) family dwellings, with special use permit, as provided for in Section 405.160.
Attached single-family dwellings, subject to the provisions for site plan review provided for in Section 405.160.
Churches.
Public buildings, parks, playgrounds and community centers.
Public schools, elementary and high, and private educational institutions having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.
Customary home occupations, with special use permit; provided that there shall be no external evidence of such occupations except a small announcement or professional sign not over two (2) square feet in area and attached to the building.
Railroad rights of way, including a strip of land with tracks and auxiliary facilities for track operations.
Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed, upon completion or abandonment of such construction or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
Temporary signs pertaining to the lease, hire or sale of a building or premises on which such sign is located.
Accessory buildings and uses including, but not limited to, accessory private garages, servants' quarters, guest houses, swimming pools, home barbecue grills, customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area for permitted public and semipublic uses, accessory storage, and accessory off-street parking and loading spaces.

Section 405.060: "R-2" General Residential District Regulations

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "R-2" General Residential District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

Any use permitted in the "R-1" Single-Family Residential District.
Two (2) family dwellings.
Multiple-family dwellings.
Attached single-family dwellings, subject to the provisions for site plan review as provided for in Section 405.160.
Medical clinic or office, with special use permit only.
Rooming house, boarding house, tourist home when located on an officially designated State highway.
Religious, educational, eleemosynary institution of a philanthropic nature, but not a penal or mental institution.
Hospital or sanitarium except a criminal, mental or animal hospital, with special use permits only.
Nursing, rest, or convalescent home.
Private club, fraternity, sorority or lodge, except one of which the chief activity is a service customarily carried on as a business.
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple-family dwelling, rooming or boarding house, hospital or institution.
Name plate not exceeding five (5) square feet in area attached to the wall at the entrance to be lighted with only indirect, non-intermittent light.

Section 405.070: "MH" Mobile Home Park District Regulations

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the district regulations in the "MH" Mobile Home Park District.

B. Use Regulations. Premises shall be used only for the following purposes:

Mobile homes in approved mobile-home perks providing designated spaces for two (2) or more mobile homes.
Accessory buildings incidental and subordinate to the use of mobile homes. Buildings housing such facilities as Laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within the district.
Any "R-2" use if a special use permit there for is granted under Section 405.160, Special Use Regulations.
All mobile home parks shall comply with the Mobile Home Park Regulations of the City of Marble Hill.

C. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.150 of this Chapter and the Mobile Home Park Regulations of the City of Marble Hill.

D. Height and Area Regulations. The height and area regulations set forth in Sections 405.130 and 405.140 of this Chapter and in the Mobile Home Park Regulations of the City of Marble Hill, shall be observed.
(Ord. No. 92- 01 §7; 1-13-92)

Section 405.080: "C-1" General Commercial District Regulations

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-1" General Commercial District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

Any use permitted in the "R" Residential Districts.
Automobile parking lots, automobile or trailer display or storage lot and sales room.
Bowling alleys, dance halls, or skating rinks.
Dressmaking, tailoring, shoe repairing, repair of household appliances, dry cleaning and pressing, and bakery with sale of bakery products on the premises and other uses of a similar character.
Farm machinery and equipment sales and repair.
Funeral homes or mortuaries.
Hotels and motels.
Offices and office buildings.
Commercial garages and automobile repair shops.
Automobile service and filling stations.
Automobile washing, including the use of mechanical conveyors, blowers, and steam cleaning.
Bicycle and motorcycle repair, sales, and rental.
Furniture, clothing, retail food, drug, hardware, household appliance, gift and book, sporting goods, photo supply, variety, and similar retail stores.
Banks, savings and loan, and similar financial institutions.
Personal service uses, including barber shops, beauty parlors, photographic or artist studios, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, self-service laundries, and other personal service uses of a similar character.
Feed and seed stores, florist shops, and greenhouses.
Restaurants and cafes.
Theaters, drive-in theaters, assembly halls, and drive-in restaurants, with special use permit.
Building material yards wholly within an enclosed structure and with no millwork done out of doors.
Bus passenger terminals.
Tire sales and service.
Veterinarian or animal hospital, with special use permit.
Liquor stores, package goods only.
General store and repair establishments including dyeing or cleaning works or laundry, plumbing and heating, air-conditioning, printing, upholstering, or tin smithing.
Any other type of retail store not specifically permitted herein when authorized by the Board of Aldermen after receipt of review and recommendations from the Planning and Zoning Commission.
Uses customarily incidental to any of the above uses and accessory buildings when located on the same premises.
Outdoor advertising structure or non-flashing sign pertaining only to use conducted within the building, and any sign or display in excess of thirty (30) feet in area shall be attached flat against a wall of the building and in no case shall any sign or display project above the roof line.

Section 405.090: "C-2" Planned Commercial District Regulations

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-2" Planned Commercial District.

B. In order to provide for modern retail shopping facilities of integrated sign in appropriate locations to serve residential neighborhood, the "C-2" Planned Commercial District is hereby established such district shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.

C. The owner, or owners, of any tract of land may submit to the Board of Aldermen a plan for the use and development of all, or part, of such tract for the purpose of, and meeting the requirements set forth in this Section. The plan shall referred to the Planning and Zoning Commission for study and report. The Planning and Zoning Commission shall then submit its report and recommendations to the Board of Aldermen for its consideration and action. The Planning and Zoning Commission's recommendations shall be accompanied by a report stating the reasons for such recommendations and that the application meets the requirements of the "C-2" Planned Commercial District as set forth in this Section. If no report is transmitted by the Planning and Zoning Commission within ninety (90) days of notification the Board of Aldermen may take action without further awaiting such report, subject to the provisions for public hearings requirement for all ordinance amendments (Section 405.190).

D. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to supervisory lease or ownership control as may be necessary to carry out the visions of this Section.

Use regulations. A building or premises be used only for the following purposes: a. Retail merchandising establishments.
b. Dry cleaning and pressing establishments, but only if non-flammable solvents, approved by the fire department, are used.
c. Indoor theaters.
d. Parking areas.
e. Outdoor advertising sign or structure, not billboards.
f. Other similar uses generally considered as shopping center uses when approved by the Board of Aldermen after receipt of review and recommendations from the Planning and Zoning Commission.
Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, access ways, and building setbacks and height limitations may be imposed by the Board of Aldermen for the protection of adjoining residential property.
If required by the Board of Aldermen, the applicant shall file a surety bond to ensure the construction of the shopping center within the period specified by the Board of Aldermen, such period not to exceed three (3) years. No such bond shall be accepted unless it is enforceable by, or payable to, the City in a sum at least equal to the estimated cost of constructing the shopping center and in a form with surety and conditions approved by the City Attorney. In the event that the shopping center is not constructed, it shall revert to the same zoning classification existing prior to the change to the "C-2" District, and the district regulations in force prior to the change to the "C-2" District shall thereupon be in full force and effect.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 405.150. Two (2) or more owners may join together in the provision of the parking space.
Height and area regulations. The height and area regulations set forth in Sections 405.130 and 405.140 shall be observed.

(Ord. No. 92-01 §9; 1-13-92)

Section 405.100: "I-1" Light Industrial District Regulations

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "I-1" Light Industrial District.

B. Use Regulations. A "light industrial use" is one which creates a minimum amount of nuisance outside the plant; is conducted entirely within enclosed buildings; does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings; provides for enclosed loading and unloading berths; is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises, or vibrations beyond the confines of the building; including, but not limited to the following:

Any non-residential use permitted in a "C" Commercial District.
Wholesale merchandising or storage warehouses.
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
Storage firms.
Manufacture or assembly of medical and dental equipment; drafting, optical or musical instruments; watches; clocks; toys; games; and electrical or electronic apparatus.
Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packing, and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.
Ice plants.
Dairies.
Research and development organizations.
Sheet metal, welding and machine shops.
Cabinet making establishments and carpenter shops which use no motors larger than ten (10) horsepower.
Manufacture or assembly of clothing, shoes, or other wearing apparel.
Packing establishments.
Contractor's equipment storage yard or plant.
Motor freight transportation and warehousing.
Accessory buildings and uses including accessory signs, advertising structures related to the activity conducted on the premises, but with total sign area not to exceed one hundred (100) square feet.
Generally those light manufacturing uses similar to those items listed above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, fumes, odors, heat, or glare than that which is generally associated with light industries of the type specifically permitted.

C. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.150.

D. Height and Area Regulations. The height and area regulations set forth in Sections 405.130 and 405.140 shall be observed.

E. Buffer Areas. Where industrial uses abut a residential district an equate buffer or screen shall be provided to usually screen the industrial use in the residential area. The buffer shall consist of planting screen of suitable shrubbery maintained at a minimum height of eight (8) feet and being a minimum of eight (8) feet wide or suitable fencing a minimum of eight (8) feet in eight. (Ord. No. 92-01 §10; 1-13-92)

Section 405.110: "I-2" Heavy Industrial District Regulations

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter, when referred to in this section, are the regulations in the "I-2" Heavy Industrial District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

Any non-residential use permitted in the "I-1" Light Industrial District, excluding uses allowed in the "C" Commercial Districts.
Automobile wrecking, cars and parts, storage and sale with a special use permit only.
Central mixing plants for concrete, mortar, plaster or paving materials.
Manufacture of clay, stone, and glass products.
Grain processing.
Junk and salvage (metal, paper, rags, waste or glass) storage, treatment and bailing with a special use permit only.
Manufacture or assembly of boats, bolts, nuts, screws, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.
Office and office buildings incidental to a use allowed in the "I-2" District and located within the same district.
Farming and associated agricultural uses, provided that a special use permit is granted.
Public buildings and public service facilities.
Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of a similar nature.
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and printing and finishing of textiles and fibers into fabric goods.
Any other use not in conflict with the enacted laws of the State of Missouri or the City of Marble Hill regulating nuisances, provided that no use emitting or likely to emit substantial amounts of dust, odor, gas, smoke, or noise, and none of the following specific uses, shall be permitted unless approved by the Board of Aldermen, after a review and report of the Planning and Zoning Commission, subject to such requirements as it may deem necessary to protect adjacent property and prevent objectionable or offensive conditions:
a. Acid manufacture.
b. Distillation of bones.
c. Explosives manufacture or storage.
d. Fat rendering.
e. Fertilizer manufacture.
f. Garbage, offal or dead animal reduction or dumping.
g. Glue manufacture.
h. Stockyards or slaughter of animals.
i. Wholesale storage of gasoline.
j. Any similar use that would be hazardous to the public health, safety or welfare.

In authorizing any of the uses in this Subsection, there may be imposed such reasonable requirements as to landscaping, screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable or hazardous conditions.

C. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.150.

D. Height and Area Regulations. The height and area regulations set forth in Sections 405.130 and 405.140 shall be observed.

E. Buffer Areas. Where industrial uses abut a residential district, an adequate buffer, or screen, shall be provided to visually screen the industrial use from the residential area. The buffer shall consist of a planting screen of suitable shrubbery maintained at a minimum height of eight (8) feet and being a minimum of eight (8) feet wide, or suitable fencing a minimum of eight (8) feet in height.
(Ord. No. 92-01 §11; 1-13-92)

Section 405.120: Non-Conforming Uses

A. The lawful use of a building existing at the time of the adoption of this Chapter , January 13, 1992), may be continued even though such use does not conform with the provisions hereof, except that non-conforming use buildings may be enlarged up to fifty percent (50%) of their building area existing on January 13, 1992, or at the effective date of any subsequent amendments or changes as a result of which a building becomes non-conforming.

B. If no structural alterations are made, a non-conforming use of a building may be changed to another nonconforming use of the same, or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts as may be hereafter changed. Whenever a non-conforming use of a building has been changed to a more restricted use, or to a conforming use, such use shall not thereafter be changed to a less restricted use.

C. When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five percent (65%) of its fair market value, it may only be restored upon the issuance of a permit by the Board of Adjustment as provided in Section 405.180 of this Chapter.

D. In the event that a non-conforming use of any building or premises is discontinued, or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.

E. A non-conforming use occupying only a portion of a building may be extended throughout the building, if the same has been lawfully acquired and actually devoted to such use previous to the adoption of this Chapter, or to any affecting amendments thereof.

F. Whenever the use of a building becomes non-conforming through a change in zoning requirements or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another non-conforming use of the same or a more restricted classification.
(Ord. No. 92-01 §12; 1-13-9)

Section 405.130: Height and Area Regulations

District	Minimum Lot Area Per Family in Square Feet	Minimum Lot Area in Square Feet	Minimum Lot Width in Feet	Minimum Yard Requirement in Feet			Maximum Building Height		Percentage Lot Covered by All Buildings
District	Minimum Lot Area Per Family in Square Feet	Minimum Lot Area in Square Feet	Minimum Lot Width in Feet	Front	Side	Rear	Feet	Stories	Percentage Lot Covered by All Buildings
"A" Agricultural	43,560 (1 acre)	43,560 (1 acre)	150	30	15	30	35	2 1/2	30%
Single-Family Residential	7,500	7,500	75	30	8	25	35	2 1/2	30%
"R-1" Single General Residential	7,500 1-Family 3,750 2-Family 2,500 Multiple (1)	7,500	75	30	8 (2)	25	45	3	40%
"MH" Mobile Home Park	(3)	(3)	40	(4)	(4)	(4)	35	2 1/2	70%
"C-1" General Commercial	For Dwellings Same as "R-2" District	None (5)	None (5)	30	8 (6)	25	35	2 1/2	For Dwellings Same as "R-2"
"C-2" Planned Commercial	Dwellings not Permitted District	None	None	None (7)	None (7)	None (7)	45	3	25%
"I-1" Light Industrial		None	None	30	10 (6)	25	45	3	None
"I-2" Heavy Industrial		None	None	30	20 (6)	25	45	3	None

For each first (1st) story dwelling unit.
For buildings less than three (3) stories in height. For three (3) story buildings, each side yard shall not be less than ten (10) feet. For buildings more than three (3) stories in height, at the side yards shall be increased by one (1) foot for each story about the third (3rd).
Minimum lot area is three thousand five hundred (3,500) square feet for mobile homes up to and including homes sixty (60) feet in length; four thousand (4,000) square feet for mobile homes over sixty (60) feet in length.
Mobile home spaces shall provide the following minimum clearances: fifteen (15) feet between mobile homes except those parked end-to-end; ten (10) feet between mobile homes and any buildings; six (6) feet between mobile homes and any property line bounding the mobile home park.
Minimum lot areas and widths for "R-2" District apply for dwellings in "C" Districts.
Minimum side yards apply only where a commercial or industrial district adjoins a residential district.
Planned Commercial Districts must allow a minimum of thirty (30) feet in set back from all lines of street adjoining the site.

(Ord. No. 92-01 §13; 1-13-92)

b) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.

Section 405.140: Height and Area Exceptions and Modifications

The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere In this Chapter.

General area exceptions and modifications.
a. Minimum lot area and lot width requirements shall not apply to lots of record as January 13, 1992, (see Definition of Lot of Record in Section 405.020).
b. No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
c. Where a lot or tract is used for farming, or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
d. In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided however, that the open spaces between buildings that are parallel, or within forty-five (45º) degrees of being parallel, shall have a minimum width at then narrowest space of twenty (20) feet for one (1) story buildings, thirty (30) feet for two (2) story buildings and forty (40) feet for three (3) and four (4) story buildings. e. Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one (1) story buildings. thirty (30) feet for two (2) story buildings, and forty (40) feet for three (3) and four (4) story buildings.
f. Every part of a rebuked yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt courses, cornices, and ornaments and features which are not to exceed twelve (12") inches. The twelve (12") inch limitation shall apply to commercial and industrial property only.
Front yard exceptions and modifications.
a. Where lots have double frontage, the required front yard shall be provided on both streets.
b. An open, unenclosed porch, or paved terrace, may project into a front yard for a distance not exceeding ten ( 10) feet. An unenclosed vestibule containing not more than forty (40) square feet, may project into a front yard for a distance not to exceed four (4) feet.
c. The front yards hereto established shall be adjusted in the following cases:
1. Where fifty percent (50%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.
2. Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
  a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or,
Side yard exceptions and modifications.
a. The required side yard on the street side of a comer lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feats and no accessory building shall project beyond the required front yard on either street.
b. For the purpose of the side yard regulations, a two (2) family dwelling, or a multiple-family dwelling, shall be considered as one (1) building occupying one (1) lot.
c. No side yards are required where dwelling units are erected above commercial or industrial structures. d. Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
e. Whenever a lot of record as of January 13, 1992 has a width less than that required for the district in which it is located, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
Rear yard exceptions and modifications. Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one half (3 1/2) feet and where the same are so placed as not to obstruct light and ventilation.
Accessory modifications.
a. No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
b. Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than five (5) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
Height exceptions and modifications.
a. Public, semi-public, or public-service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.

(Ord. No. 92-01 §14; 1-13-92)

Section 405.150: Off-street Parking Regulations

No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%), or changed in use unless there is provided on the lot space for the parking of automobiles or trucks in accordance with the following requirements:

Bowling alley: Five (5) parking spaces for each alley.
Business, professional or public office building studio, bank medical or dental clinic: Three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000) square feet.
Church: One (1) parking space for each eight (8) seats in the main auditorium.
College or school: One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
Dwellings: One (1) parking space for each dwelling unit.
Hospital, sanitarium, home for the aged, or similar institution: One (1) parking space for each four (4) beds.
Hotels and motels: One (1) parking space for each rental unit plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment: One (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.
Private club or lodge: One (1) parking space for every ten (10) members.
Restaurant night club, cafe, or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of floor area.
Retail store or personal service establishment: One (1) parking space for each two hundred (200) square feet of floor area.
Rooming or lodging house: One (1) parking space for each two (2) sleeping rooms.
Sports arena, stadium or gymnasium (except school): One (1) parking space for each five (5) seats or seating spaces.
Theater or auditorium (except school): One (1) parking space for each five (5) seats or bench seating.
Planned commercial district: Six (6) parking spaces for each one thousand (1,000) square feet of floor area in the buildings in the project.

(Ord. No. 92-01 §15; 1-13-92)

Section 405.160: Special Use Regulations

A. Subject to the provisions of this Section, the Board of Aldermen of the City of Marble Hill may after public hearing before the Board of Aldermen, and after study and report by the City Planning and Zoning Commission, authorize special uses in any district as herein qualified from which the uses are other-wise prohibited based on whether such bulldog or use will:

Substantially increase traffic hazards or congestion.
Adversely affect the character of the neighborhood.
Substantially increase fire hazards.
Adversely affect the general welfare of the community.
Overtax public utilities.
Be in conflict with the Comprehensive City Plan.

B. If the Board's fading should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the Board of Aldermen may impose, and the City Planning and Zoning Commission may recommend, appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the requirements of the Zoning Ordinance and to protect adjacent property and conserve property values.

C. Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Section 405.190.

D. The following special uses are authorized providing they comply with all the regulations set forth in this Chapter for the district in which such use is located, except that the Board of Aldermen may permit hospitals and institutions to exceed the height limitations of such district:

Customary home occupations in "A" Agricultural or "R" Residential Districts.
Greenhouse or nursery.
Airports or landing field or strip for aircraft.
Any "R-2" District use in an "MH" District.
Two (2) family dwellings in an "R-1" District.
Replacement of a mobile home that is occupied by the owner and that constitutes a non-conforming use with a newer or improved model mobile home, or placement of a single mobile home in any district for emergency or temporary use only.
Any "C-1" District use in an "R-2" District.
Private educational institutions.
Drive-in restaurant or theater in "C" Districts.
Filling stations in an "A", "R-1" or "R-2" District.
Commercial, recreational, or amusement development for temporary or seasonal periods.
Commercial radio tower or broadcasting station.
Riding stables.
Sanitary fill for the disposal of garbage or trash.
Hospitals and institutions of an educational, religious, charitable, or philanthropic nature, and criminal, mental or animal hospitals.
Cemetery or mausoleum.
Removal of gravel, topsoil or similar natural materials, with safeguards for the protection of adjoining property and the community as a whole.
Certain heavy industrial uses as required in Section 405.110.
Buildings in excess of the height and story requirements set forth in Section 405.130.
Parking lots on land in "R" Districts, within three hundred (300) feet from the boundary of any "C" or "I" District, provided the following standards are met:
a. Ingress and egress to such lot shall be from a street directly serving the commercial, business or industrial district.
b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas.
c. No structures shall be erected on the parking area except as provided for under item (g) hereof.
d. No sign shall be erected on the parking area except as approved by the Board of Aldermen.
e. Parking areas shall be used for parking patrons, private passenger vehicles only, and no charge shall be made for parking within such premises.
f. The parking shall be setback in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling Else, it shall have a minimum side yard of ten (10) feet.
g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris.
All uses for which special use permits are required by other Sections of this

E. Site Plan Review.

Purpose. The "purpose" of site plan review is to ensure that the design and layout of certain developments permitted will constitute suitable development and will not result in a detriment to the neighborhood, or the environment. All proposals for attached single-family dwelling units are subject to the provisions of this Section, and no attached single-family dwelling units shall be erected, or externally enlarged, except in conformity with a site plan bearing an endorsement of approval from the Board of Aldermen.
Applications. All "applications" for site plan review shall be made and processed in the same manner as provided for zoning amendments in Section 405.190. An applicant for site plan review shall file a copy of an application form and a site plan with the Board of Aldermen. Unless this requirement is waived by the Board of Aldermen, the site plan shall be prepared by a registered professional engineer, architect landscape architect, or by a planner certified by the State of Missouri as being a Planner-In-Charge. The site plan shall include and be accompanied by the following items and information:
a. The site plan shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, and landscape features such as fences, walls, planting areas, walks and lighting, both existing and proposed. The site plan shall also show the relation of the above features to adjacent ways and properties. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.
b. The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors.

(Ord. No. 92-01 §16, 1-13-92)

Section 405.170: Enforcement, Applications and Permits

A. It shall be the duty of the person designated by the Mayor as Zoning Administrator to administer and enforce the regulations contained herein.

B. It shall be unlawful to commence or to proceed with the election, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure, or any portion thereof, without first having applied in writing to the Zoning Administrator for a building permit to do so and a building permit has been granted therefore.

C. Every application for a building permit shall be in writing and delivered to the Zoning Administrator and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the basic materials of which it is to be constructed and the details and type of construction to be used. On the issuance of a permit, one (1) set of said plans shall be retained by the Zoning Administrator as a permanent record and one (1) set shall be returned to the applicant. In cases of any building or structure to be located outside the fire districts, the Zoning Administrator may, at his own discretion, permit the substitution of a written statement convening the essential information required in place of said plans.

D. Blank forms shall be provided by the Zoning Administrator for the use of those applying for permits as provided for in this Chapter. Any permits issued by the Zoning Administrator shall be on standard forms for such purpose and furnished by the City.

E. A careful record of all such applications, plans, and permits shall be kept in the office of the Zoning Administrator.

F. Any building permit under which no construction work has been commenced within six (6) months after the date of issue of said permit, or under which the proposed construction has not been completed within two (2) years of the date of issue, shall expire by limitation; and no work or operation shall take place under such permit after such expiration. A building permit may be once extended for a period not exceeding six (6) months by the Zoning Administrator.

G. No building permit shall be issued for, and no building shall be erected on any lot within the territorial jurisdiction of the City of Marble Hill, unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of the Major Street Plan of the City of Marble Hill, as provided in Sections 89.460 and Section 89.470, RSMo.
(Ord. No. 92-01 §17, 1-13-92)

Section 405.180: Zoning Board of Adjustment

A. A Board of Adjustment is hereby created. The Board shall consist of five (5) members, appointed by the Mayor and approved by the Board of Aldermen, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years; and one (1) for a term of one (1) year. Members shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

B. The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the chairman, and at such other times as the Board may determine. Each session of the Board of Adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City, at least one (1) time seven (7) days prior to the meeting.

C. An appeal may be taken to the Board of Adjustment by any person, group or organization, public or private, affected by a decision of the Zoning Administrator. Such appeal shall be taken within such time as prescribed by the Board by general rule, by filing with the Zoning Administrator a written notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

D. The Board of Adjustment shall have the following powers:

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Chapter, and may affirm or reverse, in whole or part, said decisions of the Zoning Administrator.
To hear requests for variances from the literal provisions of the Zoning Ordinance in instances where strict enforcement of the Zoning Ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the Zoning Ordinance. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the Ordinance. The Board of adjustment may impose conditions in the granting of a variance in ensure compliance and to protect adjacent property.
To hold public hearings on and decide the following exceptions to or variations of this Chapter:
a. To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Chapter (January 13, 1992).
b. To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map, where the street layout on the ground varies from the street layout as shown on this map. To permit reconstruction of a non-conforming building otherwise prohibited by Section 405.120 where such action would not constitute continuation of a monopoly.
c. To vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
d. To vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.

E. Decisions of the Board in respect to the above shall be subject to appeal to the Circuit Court of Bollinger County within thirty (30) days after the filing of the decision in the office of the Board.
(Ord. No. 92-01 §18; 1-13-92)

Section 405.190: Amendments

A. The Board of Aldermen may by ordinance on its own motion or application amend, supplement, change, modify or repeal the boundaries or zoning designation of districts herein established, under the procedures herein provided.

B. Applications for district changes shall be filed in writing with the City Clerk, who shall place the application before the Board of Aldermen after determining that it is in proper form as provided herein. A copy of the application shall remain on file with the City Clerk for public inspection until final action thereon.

C. The Board of Aldermen or the City Planning and Zoning Commission may provide forms for applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The Board and the Planning and Zoning Commission may request the opinions and recommendations of other City Boards and officers upon applications.

D. Upon receipt of an application in proper form, the Board of Aldermen shall refer it to the Planning and Zoning Commission. The Board of Aldermen may by resolution delegate the duty of such receipt and referral to the City Clerk or similar official, The Planning and Zoning Commission shall return the application to the Board of Aldermen with its recommendations relating thereto and showing the number of votes for and against its action, and may include a summary of the reasons expressed for and in opposition thereto. The Board of Aldermen may set a date by which the recommendation shall be returned, no less than twenty (20) days from the date of such setting, and the Board of Aldermen may proceed without receipt of such recommendations in the absence of receipt by such date.

E. The Board of Aldermen may reject an application without referring it to the Planning and Zoning Commission and without publishing a notice of hearing if the application is made within two (2) years of the Board's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract.

F. If the Planning and Zoning Commission recommends approval of an application in whole or in part, the Board of Aldermen shall set a public hearing as provided in this Section. If the Planning and Zoning Commission recommends rejection of an application in full, the Board of Aldermen may set a public hearing as provided in this Section upon its own motion; or the Board of Aldermen may by motion file such recommendation of rejection, and the application shall thereupon be deemed rejected unless, within ten (10) days from such filing, the applicant files a written request with the City Clerk for a public hearing under this Section, or makes an oral request therefore at a regular or special meeting of the Board of Aldermen, whereupon the Board of Aldermen shall set such a public hearing. If the Board of Aldermen fails to approve an application in whole or in part within thirty- five (35) days after the public hearing, such application shall be deemed to have been rejected in full, unless the Board of Aldermen shall have expressly extended such time period prior to the expiration thereof.

G. The Board of Aldermen may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established, following referral thereof to the Planning and Zoning Commission as provided in Subsection (D) of this Section.

H. No amendment, supplement, or change of the regulations or restrictions or boundaries of districts shall become effective until after the Board of Aldermen has held a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Marble Hill. The Board of Aldermen may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings.

I. In case of an adverse report the City Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, change, modification, or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of ten percent (10%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the Board of Aldermen.

J. In its action upon an application for change in district boundaries, the Board of Aldermen may grant a special use permit under Section 405.160 rather than the requested change in district boundaries, or may grant a change to a district which is intermediate in restrictiveness between the existing district and the requested district.
(Ord. No. 92-01 §19; 1-13-92)

Section 405.200: Violation and Penalty

The owner or agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part, or assists in any violation, or who maintains a building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a (me 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 for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment, in the discretion of the court. Any such person, having been served with an order to remove any such violation, failing to comply with said order within ten (10) days after such notice or continuing to violate any provision of the regulations made under authority of this Chapter in the respect named in such order, shall be subject to a civil penalty of two hundred fifty dollars ($250.00).
(Ord. No. 92-01 §20; 1-13-92)

Chapter 410: MOBILE HOME PARK REGULATIONS

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Section 410.010: Definitions

As used in this Chapter:

INSPECTOR: The person or persons designated by the Board of Aldermen to issue permits, make inspections and perform duties as set out in this

LICENSEE: Any person licensed to operate and maintain a mobile home park under the provisions of this Chapter.

MOBILE HOME: A factory built structure or structures, without independent motive power, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with all conveniences and facilities, and with the necessary service connections provided for attachment to approved utility systems. Each unit is made so as to be readily movable as a unit or units on its or the: own running gear and designed for long-term occupancy as a complete dwelling unit with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

MOBILE HOME PARK: An area or plot of ground upon which two (2) or more mobile home dwellings are parked, or which is held out or used for the purposes of supplying to the public parking spaces for two (2) or more mobile homes, and shall include all buildings, structures, land uses and equipment utilized for such park, regardless of whether or not a charge is made for such accommodations. The term "Mobile Home Park" shall also include a mobile home subdivision in which the lots are sold to individual purchasers, designed and intended for single-family residential uses.

MOBILE HOME SPACE: A plot of pound within a mobile home park designed for the accommodation of one (1) mobile home.

NATURAL OR ARTIFICIAL BARRIER: Any pond, canal, fence, hedge, or similar feature.

PARK: A mobile home park as defined above in this Section.

RECREATIONIAL VEHICLE: A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, or driven under its own power, and with a living area of less than three hundred twenty (320) square feet, including built-in equipment (such as wardrobes, closets, kitchen units or fixtures) and bath and toilet rooms.
(Ord. No. 92-03 §1; 1-13-92)

Section 410.020: License And Fees

A. It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the City of Marble Hill, unless such person shall first obtain a license therefore.

B. The annual license charge shall be twenty-five dollars ($25.00) for from two (2) to ten (10) mobile homes and fifty dollars ($50.00) for more than ten (10) mobile homes for each mobile home park.

C. No license shall be issued by the City Clerk until the location and licensee are approved by the Board of Aldermen and no owner of land or improvements thereon shall lease or let the same to be used as a mobile home park until the site has been inspected and the location and the licensee approved by the Board of Aldermen.

D. The Board of Aldermen, if it be known upon a hearing before said Board that any licensee has violated the provisions of this Chapter or Regulations and Code of the Division of Health, State of Missouri, concerning mobile home packs, may revoke the license of any licensee issued under this Chapter; provided that the City Clerk shall first, upon motion of said Board, direct a notice of the date, time and place of such hearing, setting forth the grounds upon which said licensee is to appear and show cause why such license should not be revoked; and such notice shall be served by the City Clerk upon the licensee, or upon any employee of the licensee at the time of service in charge of the place of business licensed; and licensee shall have full right to have counsel and to produce witnesses in licensee's behalf in such hearing. Said hearing shall be conducted as other proceedings of the Board of Aldermen are conducted, and no license shall be revoked except upon vote thereof by a majority that the owner or operator of said travel trailer park shall within ninety (90) days of the passage of this Chapter, January 13, 1992 submit in duplicate to the City Clerk a plat of said travel trailer park showing the location of the travel trailer spaces now existing and also where proposed spaces are to be placed, also all roadways, water, sewer and gas connections and other improvements as now located or proposed. In the event no such plat is furnished within ninety (90) days, the said travel trailer park shall be subject to all the rules and regulations provided for in this Chapter pertaining to a newly established travel trailer park.
(Ord. No. 92-03 §2; 1-13-92)

Section 410.030: Application for License

A. Application for Initial License. Application for an initial trailer park license shall be filed with and issued by the City Inspector. The application shall be in writing, signed by the applicant and shall include the following:

The name and address of the applicant;
The location and legal description of the travel trailer park;
A complete plan of the park in conformity with the requirements of Section 410.060 of this Chapter;
Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the travel trailer park;
Such further information as may be requested by the City Inspector to enable him to determine if the proposed park will comply with legal requirements.

The application and all accompanying plans and specifications shall be filed in triplicate. The City Inspector shall investigate the applicant and inspect the application and the proposed plans and specifications. If the proposed travel trailer park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this Chapter and all other applicable ordinances and Statutes, the City Inspector shall approve the application, and upon completion of the park according to the plans, shall issue the license.

B. Application of Renewal of License. Upon application in writing by a licensee for renewal and upon payment of the annual license fee, the City Inspector shall issue a certificate renewing such license for another year.

C. Application for Transfer of License. Upon application, in writing, for transfer of a license, the City Building Inspector shall issue a transfer if the Building Inspector determines that the mobile home park is in compliance with the provisions of this Chapter.
(Ord. No. 92-03 §3; 1-13-92)

Section 410.040: Location Outside of Mobile Home Parks

A. It shall be unlawful within the limits of the City of Marble Hill for any reason to park any mobile home on any street, alley, or highway or any public place or on any tract of land owned by a person, occupied or unoccupied, within the City of Marble Hill except as provided in this Chapter and in the Zoning Ordinance of the City of Marble Hill.

B. Emergency or temporary stopping or parking is permitted on any street, alley, or highway subject to any other prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.

C. No person shall park or occupy any mobile home on the premises of any occupied dwelling, or on any lot which is not a part of the premises on any occupied dwelling, either of which is situated outside of an approved mobile home park after January 13, 1992, except as provided in the Zoning Ordinance of the City of Marble Hill.

D Any mobile home located on an individual lot outside of an approved mobile home park on January 13, 1992, shall be considered as a non-conforming use under the provisions of the Zoning Ordinance of Marble Hill.

E. The replacement of any non-conforming mobile home may be allowed upon application to the City Planning and Zoning Commission and Board of Aldermen for a special use permit; provided however, that the replacement unit is a new double-wide mobile home or a modular home unit approved by the Planning and Zoning Commission and the Board of Aldermen. The City Planning and Zoning Commission and the Board of Aldermen may require any improvements in location, clearances, utility services, access or similar features which they may deem necessary to protect the health and welfare of the occupants or the neighborhood in general.
(Ord. No. 92-03 §4; 1-13-92)

Section 410.050: Permanent Use

It shall be unlawful, hereafter, to locate a mobile home any place within the City of Marble Hill except at a mobile home park as defined in Section 410.010 of this Chapter, except as provided above and in the Zoning Ordinance of the City of Marble Hill.
(Ord. No. 92-03 §5; 1-13-92)

Section 410.060: Mobile Home Park Plan

The mobile home park shall conform to the following requirements:

A mobile home park shall contain a minimum of eight (8) acres. The area shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
Mobile home spaces shall be provided consisting of a minimum of three thousand five hundred (3,500) square feet for each space for mobile homes up to and including homes sixty (60) feet in length and four thousand (4,000) square feet for homes over sixty (60) feet in length. Each space shall be at least forty (40) feet wide and clearly defied. No more than six (6) mobile home dwelling units shall be provided per acre of total land area of the mobile home park including buffer areas, roads and open space. Each mobile home site shall have either a four (4") inch thick slab or pad of adequate size to accommodate the outside dimension of the mobile home to be placed thereupon or runners at least four (4") inches thick, twenty-four (24") inches wide, spaced sixty (60") inches apart and of sufficient length to allow the mobile home to be positioned, blocked and leveled properly. Such pad, slab or runners shall be constructed with concrete, properly graded and placed so as to be durable and adequate for the support of the maximum anticipated loads during all seasons. However, mobile home parts in existence on January 13, 1992, which provide mobile home spaces having a width of less than that herein above prescribed may continue to operate with spaces of the existing width and area.
Each mobile home dwelling unit shall be provided with adequate means of anchoring the unit against high winds and adverse weather conditions. The applicant shall submit with the application a drawing and details of the method of securing the dwelling unit to the pad.
Mobile homes shall be so harbored on each space that there shall be at least fifteen (15) feet of clearance between mobile homes; provided however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than fifteen (15) feet but not less than ten (10) feet. No mobile home shall be located closer than ten (10) feet from any building or closer than six (6) feet from any property line bounding the park. An accessory structure which has a horizontal area exceeding twenty- five (25) square feet if attached to a mobile home or located within ten (10) feet of its window, and has an opaque top or roof that is higher than the nearest window, shall, for purposes of all separation requirements, be considered to be part of the mobile home.
Open areas between the mobile home dwelling unit and the pad or slab upon which it is located shall be screened by skirting consistent with the development.
All mobile home spaces shall abut upon a driveway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street, alley or highway.
Walkways not less than three (3) feet wide shall be provided from the mobile home spaces to the service buildings.
All driveways and walkways within the park shall be hard surfaced and lighted at night in accordance with applicable City ordinances.

(Ord. No. 92-03 §6; 1-13-92)

Section 410.070: Service Buildings

A. Service buildings housing sanitation and laundry facilities, or any of such facilities, shall be permanent structures complying with all applicable ordinances and Statutes regulating buildings, electrical installations and plumbing and sanitation systems.

B. All service buildings on the grounds of the park shall be maintained in a clean, slightly condition and kept free of any condition that will menace the health of any occupant of the park or constitute a nuisance.
(Ord. No. 92-03 §7; 1-13-92)

Section 410.080: Provision of Water and Sewage Services

A. An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a water service tap which shall be frost-proof and shall meet the requirements of the City Building Inspector's recommendations. All water supply facilities shall be approved by the Missouri Department of Natural Resources.

B. Each mobile home space shall be provided with a trapped sewer connection at least four (4") inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilets lavatory and kitchen sink of the mobile home harbored in such space and having any or all of such facilities. The sewer in each space shall be connected to discharge the mobile home waste into a public sewer system in compliance with applicable ordinances or into a private sewer disposal plant or septic tank system. Such system shall meet all applicable rules and regulations so as to comply with the requirements of the Missouri Department of Natural Resources and the City of Marble Hill, and have a valid permit from the Department of Natural Resources. The four (4") inch service sewer from each mobile home space shall connect to a trunk line sewer large enough to adequately provide for the proposed mobile home park.
(Ord. No. 92-03 §8; 1-13-92)

Section 410.090: Trash and Garbage Receptacles

Dumpsters or other suitable trash and garbage receptacles shall be provided in sufficient number to permit disposal of all garbage and rubbish. Such receptacles shall be located in designated areas so as to provide easy access by residents of the mobile home park without causing a public nuisance or health hazard. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that it does not cause a health hazard. The refuse shall be collected by the City Sanitation Department or the permittee shall furnish proof to the Building Inspector that he has a contract with a licensed private hauler to collect the refuse at acceptable time intervals.
(Ord. No. 92-03 §9, 1-13-92)

Section 410.100: Animals and Pets

No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home park. All pets shall be licensed by the City and shall comply with City requirements.
(Ord. No. 92-03 §10; 1-13-92)

Section 410.110: Violation and Penalty

Any person who violates any provision of this Chapter shall upon conviction be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), and each day's failure of compliance with any such provision shall constitute a separate violation.
(Ord. No. 92-03 §11; 1-13-92)

Chapter 411: TRAVEL TRAILER PARK REGULATIONS

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Section 411.010: Definitions

As used in this Chapter:

INSPECTOR: The person or persons designated by the Board of Aldermen to issue permits, make inspections and perform duties as set out in this Chapter.

LICENSEE: Any person licensed to operate and maintain a travel trailer park under the provisions of this Chapter.

NATURAL OR ARTIFICIAL BARRIER: Means any pond, canal, fence, hedge, or similar feature.

PARK: A travel trailer park as defined in this Chapter.

PERMITTEE: Any person to whom a temporary permit is issued to maintain or operate a travel trailer park under the provisions of this Chapter.

PERSONS: Any natural individual, firm, trust, partnership, association or corporation.

TRAVEL TRAILER: A portable vehicular unit designed and intended to be used for temporary short-term occupancy and for frequent and extensive travel use, including but not limited to travel trailers, campers, motor homes, converted buses and other similar units, whether they are self-propelled, pulled or can be hauled.

TRAVEL TRAILER PARK: An area or plot of ground upon which two (2) or more travel trailers are parked, or which is held out or used for the purposes of supplying to the public parking spaces for two (2) or more travel trailers, and shall include all buildings, structures, land uses and equipment utilized for such park, regardless of whether or not a charge is made for such accommodation.

TRAVEL TRAILER SPACE: A plot of ground within a travel trailer park designed for the accommodation of one (1) travel trailer.
(Ord. No. 92-04 §1; 1-13-92)

Section 411.020: License and Fees

A. It shall be unlawful for any person to maintain or operate a travel trailer park within the limits of the City of Marble Hill, unless such person shall first obtain a license therefore.

B. The annual license charge shall be twenty-five dollars ($25.00) for from two (2) to ten ( 10) travel trailers and fifty dollars ($50.00) for more than ten (10) travel trailers for each travel trailer park.

C. No license shall be issued by the City Clerk until the location and licensee are approved by the Board of Aldermen and no owner of land or improvements thereon shall lease or let the same to be used as a travel trailer park until the site has been inspected and the location and the licensee approved by the Planning Commission and the Board of Aldermen.

D. The Board of Aldermen, if it be known upon a hearing before said Board that any licensee has violated the provisions of this Chapter or Regulations and Code of the Division of Health, State of Missouri, concerning travel trailer parks, may revoke the license of any licensee issued under this Chapter; provided that the City Clerk shall first, upon motion of said Board, direct a notice of the date, time and place of such hearing, setting forth the grounds upon which said licensee is to appear and show cause why such license should not be revoked; and such notice shall be served by the City Clerk upon the licensee, or upon any employee of the licensee at the time of service in charge of the place of business licensed; and licensee shall have full right to have counsel and to produce witnesses in licensee's behalf in such hearing. Said hearing shall be conducted as other proceedings of the Board of Aldermen are conducted, no license shall be revoked except upon vote thereof by a majority of the members elected to the Board of Aldermen, the Mayor having no vote except in case of a tie vote by the members elected to the Board.

E. In case any license issued hereunder is revoked, surrendered or forfeited by the licensee, not used or used only for a portion of the license period, after the effective date of such license, no refund of any license charge or part thereof shall be made.

F. Any travel trailer park now in existence shall be permitted to operate as it is operating on January 13, 1992) provided however, that the owner or operator of said travel trailer park shall within ninety (90) days of January 13, 1992, submit in duplicate to the City Clerk a plat of said travel trailer park showing the location of the travel trailer spaces now existing and also where proposed, spaces are to be placed, also all roadways, water, sewer and gas connections and other improvements as now located or proposed. In the event no such plat is furnished within ninety (90) days, the said travel trailer park shall be subject to all the rules and regulations provided for in this Chapter pertaining to a newly established travel trailer park.
(Ord. No. 92-04 §2; 1-13-92)

Section 411.030: Application for License

The name and address of the applicant;
The location and legal description of the travel trailer park;
A complete plan of the park in conformity with the requirements of Section 411.060 of this Chapter;
Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the travel trailer park;
Such further information as may be requested by the City Inspector to enable him to determine if the proposed park will comply with legal requirements.

The application and all accompanying plans and specifications shall be filed in triplicate. The City Inspector shall investigate the applicant and inspect the application and the proposed plans and specifications. If the proposed travel trailer park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this Chapter and all other applicable ordinances and Statutes, the City Inspector shall approve the application, and upon completion of the park according to the plans, shall issue the license.

B. Application of Renewal of License. Upon application in writing by a licensee for renewal of a license and upon payment of the annual license fee, the City Inspector shall issue a certificate renewing such license for another year.
(Ord. No. 92-04 §3; 1-13-92)

Section 411.040: Location Outside of Travel Trailer Parks

A. Emergency or temporary stopping or parking is permitted on any street, alley, or highway subject to any prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.

B. No person shall park or occupy any travel trailer on the premises of any occupied dwelling, or on any lot which is not a part of the premises on any occupied dwelling, either of which is situated outside of an approved travel trailer park after the passage of this Chapter, except as provided in this Chapter or the Zoning Ordinance of the City of Marble Hill.

C. Travel trailers intended primarily for recreational or camping use may be parked or stored on the premises of any dwelling occupied by the trailer owner, provided that such parking or storage shall not constitute any obstruction to proper traffic movement and that such trailer shall not be occupied for other than overnight sleeping purposes on a periodic basis.
(Ord. No. 92-04 §4; 1-13-92)

Section 411.050: Permanent Use

A. It shall be unlawful, hereafter, to locate a travel trailer any place within the City of Marble Hill except at a travel trailer park as defined in Section 411.010 of this Chapter, except as provided above and in the Zoning Chapter of the City of Marble Hill. It shall be unlawful for any person to remove the wheels or other transporting device from any travel trailer, or otherwise affix said travel trailer permanently to the ground.

B. It shall be unlawful to occupy for sleeping or other residential purposes any travel trailer which has been rendered immobile by the removing of wheels or by placing the same on a foundation or the ground.
(Ord. No. 92-04 §5; 1-13-92)

Section 411.060: Travel Trailer Park Plan

The travel trailer park shall conform to the following requirements;

A travel trailer park shall contain a minimum of five (5) acres. The area shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Location of the site may not necessarily front on a major roadway or thoroughfare, but it shall be directly accessible to the major roadway by means of a private road or public road on which it has frontage; so long as the traffic generated by the park does not interfere, hamper, cause excessive damage or harmful effects on any adjacent residential developments.
Travel trailer spaces shall be twenty-five (25) feet in width and shall be of sufficient depth to provide space for parking both the trailer and towing vehicle off the roadway. No trailer unit shall be closer than ten (10) feet to any other adjacent unit, structure or roadway and all spaces shall have direct access to the roadway. No unit shall be placed closer than thirty (30) feet to any of the park's property lines and a twenty-five (25) foot buffer area shall be permanently maintained and screened around the entre perimeter of the camp. However, travel trailer parks in existence on January 13, 1992, which provide spaces having a width of less than that herein above prescribed may continue to operate with spaces of the existing width and area.
A central office or convenience establishment with a responsible attendant shall be provided within the travel trailer park to register guests and provide service and supervision to the park.
All utilities shall be constructed underground unless otherwise approved by the Planning and Zoning Commission and the Board of Aldermen.
All parking areas, roadways and walkways within the park shall be constructed and paved with a hard surface, bituminous or concrete material.
All parks shall be provided with general outdoor lighting which is adequate to permit safe movement of pedestrians and vehicles at night.
All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be maintained adequately to provide an environment conducive to good living conditions.

(Ord. No. 92-04 §6; 1-13-92)

Section 411.070: Sanitation Facilities

A. Each travel trailer park shall have toilet facilities in conveniently located buildings not more than two hundred (200) feet from any trailer space. Toilet facilities for males shall consist of not less than one ( 1) flush toilet and one urinal for the first ten (10) trailers, or any less number thereof, and for units in excess of ten (10), not less than one (1) additional flush toilet and one (1) additional urinal for every ten (10) additional units or fractional number thereof. Plans showing the number and arrangement of toilets shall be submitted to the County Health Officer for approval.

B. Toilet facilities for females shall consist of not less than one (1) flush toilet for the first ten (10) trailers, or any less number thereof, and for trailers in excess of ten ( 10), not less than one (1) additional flush toilet for every ten (10) additional trailers or fractional number thereof.

C. Each sex shall be provided with not less than one (1) lavatory and one (1) shower or bath tub with individual dressing accommodations for the first ten (10) trailers, or any less number thereof, and for trailers in excess of ten (10), not less the one (1) additional lavatory and one (1) additional shower or bath tub with individual dressing accommodations for every ten (10) additional trailers, or fractional number thereof.

D. Each toilet and each shower or bath tub with individual dressing accommodations, for which provision is made in Subsections (C), (D) and (E) shall be in a private compartment or stall.

E. The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, in the same building, by a soundproof wall.

F. There shall be provided in a separate compartment or stall not less than one (1) flush toilet bowl receptacle for emptying bed pans or other containers of human excreta and an adequate supply of hot running water for cleansing such bed pans or containers.
(Ord. No. 92-04 §7; 1-13-92)

Section 411.080: Service Buildings

Each trailer park shall be provided with the following service buildings:

Service buildings housing sanitation and laundry facilities, or any of such facilities, shall be permanent structures complying with all applicable ordinances and Statutes regulating buildings, electrical installations and plumbing and sanitation systems.
All service buildings on the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant of the park or constitute a nuisance. The buildings shall be well-lighted at all times, ventilated with screened openings and constructed of moisture-proof material permitting sanitary cleaning. The floors and bases shall be of concrete or similar hard- surfaced material with the floors slightly pitched to a drain.
Service buildings housing sanitation facilities shall be located not closer than ten (10) feet nor farther than two-hundred (200) feet from any trailer space.

(Ord. No. 92-04 §8; 1-13-92)

Section 411.090: Provision of Water and Sewage Services

A. An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and trailer spaces within the park to meet the requirements of the park. Each trailer space shall be provided with a water service tap which shall be frost-proof and shall meet the requirements of the City Inspector's recommendations. All water supply facilities shall be approved by the Missouri Department of Natural Resources.

B. Each trailer space shall be provided with a trapped sewer connection at least four (4) inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the trailer harbored in such space and having any or all of such facilities. The sewer in each space shall be connected to discharge the trailer waste into a public sewer system in compliance with applicable ordinances or into a private sewage disposal plant or septic tank system. Such system shall meet all applicable rules and regulations so as to comply with the requirements of the Missouri Department of Natural Resources and the City of Marble Hill, and have a valid permit from the Department of Natural Resources. The four (4) inch service sewer from each trailer space shall connect to a trunk line sewer large enough to adequately provide for the proposed trailer park.

C. In travel trailer parks, all facilities for the connection of wastewater outlets from trailers and the dumping of holding tanks shall be constructed to prevent health hazards and shall discharge into a wastewater system or treatment facility as described above.
(Ord. No. 92-04 §9; 1-13-92)

Section 411.100: Trash and Garbage Receptacles

Section 411.110: Fire Protection

Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable regulations of the City Fire Department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.
(Ord. No. 92-04 §11; 1-13-92)

Section 411.120: Animals and Pets

No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any travel trailer park.
(Ord. No. 92-04 §12; 1-13-92)

Section 411.130: Register of Occupants

A. It shall be the duty of each licensee and permittee to keep a register containing a record of all travel trailer owners and occupants located within the park. The register shall contain the following information.

The name and address of each travel trailer occupant;
The name and address of the owner of each travel trailer and motor vehicle by which it is towed;
The make, model, year and license number of each travel trailer and motor vehicle;
The State, territory or country issuing such licenses;
The date of arrival and of departure of each travel trailer.

B. The park shall keep the register available for inspection at all times by Law Enforcement Officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three (3) years following the date of departure of the registrant from the park.
(Ord. No. 92-04 §13; 1-13-92)

Section 411.140: Supervision

The licensee or permittee, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the travel trailer park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this Chapter to which the licensee or permittee is subject.
(Ord. No. 92-04 §14; 1-13-92

Section 411.150: Revocation of License

The City may revoke any license to maintain and operate a park when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this Chapter. After such conviction, the license may be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with law.
(Ord. No. 92-04 §15; 1-13-92)

Section 411.160: Posting of License and Temporary Permit

The license certificate or temporary permit shall be conspicuously posted in the office of or on the premises of the travel trailer park at all times.
(Ord. No. 92-04 §16, 1-13-92)

Section 411.170: Violation and Penalty

Chapter 415: LAND SUBDIVISION REGULATIONS
ARTICLE I. GENERAL PROVISIONS

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Section 415.010: Title and Purpose

A. This Chapter shall be known, and may be cited and referred to as the "Land Subdivision Regulations of Marble Hill, Missouri".

B. This Chapter is to provide for the coordination of streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan of Marble Hill, Missouri; for minimum requirements of the Preliminary and Final Plats; for minimum standards of physical improvements in new subdivisions; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic for the health, safety, and general welfare of the community.
(Ord. No. 92-02 Art. I; 1-13-92)

Section 415.020: Definitions

For the purpose of this Chapter, certain words and terms used herein are defined as follows:

ALLEY: A permanent public service way, dedicated for or in public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for special accommodation to the back or side of abutting properties and not intended for general traffic circulation.

AREA, BUILDING: The total of areas, taken on a horizontal plane, at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.

AREA, NET SITE: The total area within the property lines of the site, less the area of any street right of way.

BARRIER (NATURAL OR ARTIFICIAL): Any street, highway, river, pond, canal, railroad, levee, embankment, berm, stream or drainage ditch, or screening by fence or hedge.

BENCHMARK: A definite point of known elevations and location and of more or less permanent character (generally indicated on USGS topographic maps).

BLOCK: A unit of property entirely surrounded by public highways, streets, railroad rights of way, waterways, public perks, cemeteries, corporate boundary lines, or other barriers (except alleys, crosswalks, or exterior boundaries of a subdivision, unless such exterior boundary is a street or highway), or any combination thereof.

BUILDING LINE/BUILDING-SETBACK LINE: The line parallel to the front, side, or rear lot line establishing the minimum space to be provided as the front, side, or rear yard.

COMMON LAND: That land set aside for open space or recreational use for the owners of the residential lots in a subdivision, which land is conveyed by the developer in fee simple absolute title by warranty deed to trustees whose trust indenture will provide that said common land be used for the sole benefit, use and enjoyment of the lot owners, present and future. No lot owners shall have the right to convey his interest in the common land except as incident to the ownership of a regularly platted lot.

COMPREHENSIVE PLAN: The comprehensive plan of the City of Marble Hill, Missouri, whether whole or in part made and adopted by the City Planning Commission in accordance with the authority conferred by Chapter 89, Revised Statutes of Missouri.

CUL-DE-SAC: A short, local street having one (1) end open to traffic and the other end permanently terminated by a vehicular turnaround.

DEAD-END STREET: A street having one (1) end open to traffic and the other end closed.

DESIGN: The arrangement of land for easement, lots, and rights of way, including materials, improvements, alignment, grade, and width of these elements.

DRAINAGE CHANNEL: A natural watercourse, or man-made indenture, for the drainage of surface water.

DRAINAGE RIGHT OF WAY: The land required for the installation of storm sewers or drainage ditches, or required along the natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

EASEMENT: A grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies, or private individuals.

ESCROW AGENT: A title company, bank savings and loan association, trust company, reputable attorney, or any other person or agency approved by the City Attorney to act as an escrow agent under the provisions of this Chapter.

FLOODPLAIN: The area, usually lowlands, adjoining the channel of a river, stream, watercourse, lake or other body of standing water, which has been or may be covered by flood waters.

FLOOD-PRONE AREAS: All land subject to periodic inundation by the overflow of natural waterways.

FRONTAGE: All of the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, or other natural or artificial barriers, including boundaries.

GRADE: The slope of a road, street, or sewer specified in percent and shown on road, street, or sewer profiles as required herein.

HILLSIDE AREA: All areas within a tract proposed for subdivision development with a slope of fifteen percent (15%) or more.

HILLSIDE STREET: A street in which the cross slope of the existing ground exceeds fifteen percent (15%) the centerline slope exceeds fifteen percent (15%).

IMPROVEMENTS: The totality of grading, crosswalks, culverts, bridges, sanitary and storm sewers, water mains, street surfaces, and/or pavements, street and road signs, street lights, curbs and gutters, sewage treatment facilities, pedestrian ways, gas mains, landscaped, monument, electric utilities, and an other appropriate improvements required to render land suitable for the use proposed.

IMPROVEMENT PLANS: The engineering plans, prepared by a registered professional engineer, containing all profiles, specifications, construction details, and types of materials for all improvements, excluded dwelling units, to be installed for the development of a subdivision.

JURISDICTION: The corporate area of the City of Marble Hill, Missouri, or any areas which may subsequently come under the jurisdiction of said City.

LOT: A portion of a subdivision or other parcel of land intended to be separately owned, rented, leased, developed, or otherwise used as a unit, occupied or to be occupied by a building or group of buildings and accessory buildings, together with such yards and lot area as required by this Chapter, and having its principal frontage upon a street, road, or place approved by the Commission.

LOT AREA: The total horizontal area within the boundaries of a lot, exclusive of any land designated for rights of way for street or roadway purposes.

LOT, CORNER: A lot abutting upon two (2) or more streets or road rights of way at their intersection.

LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.

LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and which has two (2) non- intersecting sides abutting on two (2) or more streets.

LOT LINES: The boundaries of a lot.

LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth, at a point midway between the front and rear lot lines.

MAJOR STREET PLAN: The Official Plans of high ways, arterial streets, and collector streets, approved by the City Planning Commission, and duly recorded in the Office of the County Recorder of Deeds.

MONUMENT: An object set in the ground to mark the boundaries of real estate or to mark a survey station.

NON-RESIDENTIAL SUBDIVISION: Either or both of:

A division or redivision of a tract into more than one (1) lot, plat, or site for commercial or industrial purposes; and
The dedication or establishment of a street or improvement in conjunction with or use in any such tract.

OFFICIAL MAP: The map showing highways, streets, parks, and drainage rights of way, existing and proposed, as approved by the Board of Aldermen.

OFFICIAL SUBMISSION DATE: The date when a subdivision plan shall be considered submitted to the Commission, and is hereby defined to be the date of the meeting of the Commission at which all required surveys, plans, plats, and data are submitted.

OPEN SPACE PUBLIC: Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreational areas, school sites, community or public building sites, open or "green space" areas, and other such areas that shall be deemed necessary by the Commission.

PARKING BAY: An area, either on an individual lot or on any other portion of a subdivision, which is reserved for vehicular parking:

PARKING LANE: An auxiliary lane of a street or roadway used primarily for vehicular parking.

PAVEMENT: An all-weather, dust-free asphaltic seal on appropriate base, asphaltic concrete, or concrete surface.

PEDESTRIAN WAY: An easement or right of way dedicated to public use to facilitate pedestrian access to adjacent streets, roadways, and properties.

PERFORMANCE GUARANTEE: Any security, including performance bonds, escrow agreements, and other similar collateral or surety agreements, which guarantees certain improvements will be made by the subdivider or developer.

PERSON: Any individual, corporation, firm, partnership, association, estate, organization, or any other group acting as a unit.

PLACE: Any open, unoccupied, officially designated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PLAN, FINAL: The final plan consists of

The final plat; and
The improvement plans for all or a motion of a land subdivision. All references to "Final plan" within this Regulation shall refer to both the final plat and the improvement plans.

PLAN, PRELIMINARY: A map or plan, prepared by a registered Missouri land surveyor, of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed use of the tract.

PLAT: A map, plan, or layout of a city, township, section, county, subdivision, or mobile home park indicating the location and boundaries of individual properties.

PLAT, FINAL: The final plat, prepared by a registered Missouri land surveyor, showing complete bearings and dimensions of all lines defining lots and blocks, rights of way for all streets, alleys, roadways, and easements, public areas and other dimensions of land as may be required for the development of a subdivision.

PUBLIC SERVICE COMMISSION: The Public Service Commission of the State of Missouri.

RIGHT OF WAY: The land opened, reserved or dedicated for a street or roadway, sidewalk, drainage area, railroad or other public purpose.

SETBACK LINE: See "Building Line/Building Setback Line".

SINKHOLE: A depression in the land surface of circular or roughly circular form, within which all surface drainage is internal and within which surface water is impounded or drains into the subsurface through an opening In the solid or bedrock.

SLOPE: The inclination of the ground surface from the horizontal plane, usually expressed in percent, degree, or feet per mile.

STREET: A right of way, other than an alley, dedicated or otherwise legally established for public or private use, with a surface, usually affording the principal means of access to abutting property. A street is intended primarily as a means of vehicular travel. The street right of way may provide space for public facilities such as sanitary and storm sewers, water, gas, and electric lines, and sidewalks. A street may be designated as a highway, thoroughfare, road, throughway, pike, avenue, boulevard, lane, drive, court or circle. For the purpose of this Chapter, "streets" shall be classified as follows:

Arterial: This type of street serves the major traffic movements entering, leaving, or moving within an area. Its principal function is to move traffic, and in cases of high traffic volumes, requires limited access or controlled points of access. These streets are normally characterized by traffic controls and parking restrictions.
Collector: Streets which provide for traffic movement between arterial and local streets, and provide direct access to abutting property.
Local: The sole function of a local street is to provide access to immediately adjacent property. A cul-de-sac is classified as a local street.
Marginal access street/service road: A local street parallel and adjacent to arterials, railroad rights of ways, or other barriers which provides access to abutting properties.

STRUCTURE: Anything constructed or manufactured, which required location on the ground or is attached to something having a location on the ground.

SUBDIVIDER: A person, farm, corporation, partnership, association, estate, or any other group or combination acting as a unit for the purpose of subdividing or re-subdividing or proposing to divide a lot, tract, or other subdivision of land that constitutes a sub division as defined herein, for the purpose of transfer of ownership or development, whether immediate or future, including all changes in street or lot lines. The term "Subdivider" shall include any agent of a subdivider or developer.

SUBDIVISION, MAJOR: The division of a tract of land into three (3) or more lots, tracts, sites, parcels, or areas any one of which is less than three (3) acres in area and/or the division of a tract of land into any number of lots, tracts, sites, parcels, or areas or any size which includes improvements, new streets, easements, rights of way, rights of ingress and egress or provision for a public area or public facility. The term "Subdivision" shall also include all re-subdivisions of land or lots.

SUBDIVISION, MINOR: The division of land into not more than two (2) lots, tracts, sites, parcels, or areas for residential purposes, either of which is three (3) acres or less in area and each having a frontage of not less than seventy-five (75) feet on an existing City, State, or Federal highway or road dedicated or deeded to the public prior to January 13, 1992, provided that the proposed subdivision of land:

Does not include any new street, easements, rights of ways, rights of ingress or egress (except an approved sewer and water systems;
Does not include a provision for a public area or public facility;
Conforms to the setback line requirements and other requirements contained in the Zoning Ordinance;
Conveys the right of way necessary for road widening and maintenance of City roads, where the granting of such right of way can be given without undue hardship.

Where a minor subdivision is proposed that fronts upon an existing City maintained street or State maintained highway that is scheduled for widening in the State's five (5) year program or in any applicable City street plan or program, the developer shall convey the necessary right of way, or post bond or escrow, to insure that the right of way shall be provided when the road widening is started. The bond escrow agreement, therefore, need not provide a termination date.

SURETY COMPANY: An insurance company qualified and acting under the provisions of Chapter 379, Revised Statutes of Missouri, which has met the requirements of Section 379.020 thereof and which is approved by the City Attorney.

TITLE COMPANY: A corporation qualified and acting under the Missouri Title Insurance Law or a corporation which is an issuing agency for an insurance company insuring land titles.

TRACT: An area or parcel of land which the developer intends to subdivide and improve, or to cause to be subdivided and improved, pursuant to the requirements of this Chapter.

YARD: Any open space located on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except for any accessory building or projections as are permitted on the lot.

YARD, FRONT: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the front building line.

YARD, REAR: A yard extending along the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and rear building line.

YARD, SIDE: A yard extending along each side of a lot between the front yard and the rear yard line and being the minimum horizontal distance between the side lot line and the side building line.

ZONING DISTRICT MAP: A map entitled "Zoning District Map for the City of Marble Hill, Missouri," dated, and any amendments thereto.

ZONING ORDINANCE: The part of the Comprehensive Plan, now or hereafter adopted which includes an ordinance and map dividing the City into zoning districts with regulations, requirements, and procedures for the establishment of land use controls within the City.
(Ord. No. 92-02 Art. II; 1-13-92)

Section 415.030: General Regulations and Jurisdiction

A. It shall be unlawful for any person being the owner, agent, or person having control of any land within the City of Marble Hill, Missouri, to subdivide or lay out such land in lots unless by a plat, in accordance with the regulations contained herein. No lots shall be sold, nor any plat recorded, until such plat has been approved as herein provided.

B. No lot, parcel, or tract of land within any subdivision shall be offered for sale, contract for sale, or option be given until said subdivision plans have been officially approved by the City Planning Commission and Board of Aldermen and recorded in the Office of the County Recorder.

C. No improvements shall be made within any subdivision by any owner or owners, or his or their agent, or by any public service corporation at the request of said owner or owners, or by his or their agent, until the Final Plans have been officially approved by the City Planning Commission and Board of Aldermen and recorded in the Office of the County Recorder.

D. The City of Marble Hill shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the City unless the street has received the legal status of a public street prior to the adoption of the Comprehensive Plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Board of Aldermen or on a street plan made by and adopted by the Planning Commission. The Board of Aldermen may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the City Planning Commission for its approval and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board of Aldermen.

E. Where a tract of land is proposed to be subdivided in two (2) or more stages over a period of years, and the subdivider requests approval in parts, he shall, at the time of submission of the first part, submit a detailed plan of the entire tract to be eventually developed with appropriate sectioning to demonstrate to the City Planning Commission that the total design as proposed for the entire subdivision is feasible. The City Planning Commission shall give preliminary approval or disapproval to the overall plan and final approval or disapproval on parts as submitted from time to time. In the event of disapproval of the overall plan or any part or parts thereof, the City Planning Commission shall act in accordance with this Chapter and the reason for refusal of any plan or part thereof shall be written upon the record of the City Planning Commission stating the specific regulation or regulations of non- conformance.

F. Excluded from these regulations are:

The division of land into not more than two (2) lots or parcels in which both lots or parcels are three (3) or more acres in area is exempted from the provisions for preparing and filing a plat, but shall be certified by the City Planning Commission;
The division of land for cemetery usage;
The division of land and distribution of land held by a bonafide partnership in existence for two (2) or more years upon dissolution thereof;
The sale or exchange of parcels of land between owners of adjoining property for the purpose of correcting or adjusting lines or increasing the size of property already owned by one (1) of the parties, provided that additional lots are not thereby created and that the original lots are not reduced below the minimum size required by the Zoning Ordinance. The exchange of such land shall be certified by the Planning Commission.
The transfer, exchange, or sale of adjoining property to improve ingress or egress to existing lots, tracts, and areas.

G. The provisions of this Section shall be held to be the minimum requirements necessary for land subdivision within the jurisdiction of this Chapter.
(Ord. No. 92-02 Art. III; 1-13-92)

Section 415.040: Procedure

A. The subdivider shall submit preliminary plans in accordance with the specifications of Article II hereof. A preliminary plan shall first be submitted to the Planning Commission for approval. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the Board of Aldermen for its approval or disapproval.

B. Upon the recommendation of the Planning Commission, the Board of Aldermen may waive the requirements for the submission of detailed final plats or plans for minor subdivisions and resubdivisions of no more than two (2) lots of record. In such case, however, the, subdivider will be rebuked to submit a survey plat including, at a minimum the metes and bounds of the proposed subdivision which accurately depicts the subdivision intended and the lots therein. The Board may also require any additional information it deems necessary to be included on the survey plat submitted.

C. Not less than thirty (30) days before preparing and submitting the preliminary plans to the Planning Commission, the developer or his engineer shall consult with the Planning Commission, while the plan is in sketch form, to ascertain the location of proposed highways, primary or secondary through fares, collector streets, parkways, parts, playgrounds, school sites and other community facilities or planned developments, and to acquaint himself with the Commission's requirements. The pre-application time period may be reduced by the Commission at their discretion. During pre-application proceedings, the general features of the subdivision, its layout, facilities and required improvements shall be determined to the extent necessary for preparation of the preliminary plan. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished the developer.

D. The subdivider shall submit preliminary plans in accordance with the specifications of Article II hereof at least two (2) weeks prior to the meeting of the Planning Commission at which action is desired. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the Board of Aldermen for its approval or disapproval.

E. The preliminary plan shall be checked by the Planning Commission as to its conformity to the City Plan, and as to the plan's compliance with the standards, requirements and principles hereinafter prescribed; and the Planning Commission shall cause said preliminary plan to be checked by the Planning Commission's representative to ascertain compliance with all applicable additional requirements of Municipal, County, State and Federal Departments and agencies concerned with applicable regulations of public utility companies.

F. Following approval of the preliminary plan, the subdivider shall

Install the minimum improvements;
Furnish a bond to cover the cost of the improvements; or
Provide for an assessment guaranteeing such installations, in accordance with Article V hereof. Upon approval of improvement installations or arrangement therefor, the final plat shall be submitted to the Planning Commission and Board of Aldermen in accordance with the provisions of Article III hereof.

(Ord. No. 92-02 Art. IV; 1-13-92)

Chapter 415: ARTICLE II. PRELIMINARY PLAN

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Section 415.050: Preliminary Plan — Generally

The subdivider shall submit six (6) black line or blue line prints, prepared by a Registered Missouri Land Surveyor, of the preliminary plan of the proposed subdivision. It shall accompany an application in writing with filing fee as rebuked by Article WI to the Planning Commission. The horizontal scale of the preliminary plan shall be one (1) inch equal to fifty (50) or one hundred (100) feet. The horizontal scale of the plans portion of the plans and profiles shall be one (1) inch equals twenty (20), forty (40), or fifty (50) feet. The vertical scale of the profile portion of the plans and profiles shall be one (1) inch equal to five (5), ten (10), or twenty (20) feet. All applications and plans shall be submitted to the Zoning Administrator of the City of Marble Hill.
(Ord. No. 92-02 Art. V §1; 1-13-92)

Section 415.060: Preliminary Plan Requirements

The Preliminary Plan shall show:

The location of present property lines, streets, buildings, watercourses, all sinkholes or potential sinkhole areas, tree masses and other existing features within the area to be subdivided and similar information regarding existing conditions of land immediately adjacent thereto.
The proposed location of streets (with their widths and names), alleys, lots (with their numbers), building and setback lines and easements within the tract and within one hundred (100) feet thereof.
Existing sanitary and storm sewers, water mains, culverts, and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plan.
The title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract, and the name and registration number of the preparer.
The names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of any adjoining parcels of unsubdivided land.
Sufficient contour data to indicate the slope and drainage of the tract and the elevation of the high and low points thereof. Contour data shall extend one hundred (100) feet beyond the property limits of the tract. In no case shall the contour intervals be more than five (5) feet.
North point, scale of drawings, and date of preparation.
Plans and profiles of streets, sewer and water lines, or written and signed statements regarding the grades and manner of construction of proposed streets, sewer and water lines, and the width and type of pavement location, size and type of sanitary sewer and other sewage disposal facilities; water mains-and other utilities, facilities for storm water drainage; and other proposed improvements such as sidewalks, planting and parts. These plans or written statements for all proposed improvements shall be certified by a Professional Engineer registered in the State of Missouri.
The layout of lots showing the approximate dimensions and numbers.
All parcels of land proposed to be dedicated or reserved for public schools, packs, playgrounds, or other public, semipublic or community purposes.
A preliminary outline of all deed restrictions and covenants that will be placed upon the subdivision.
Zoning boundary lines if any; proposed uses of property.
If the developer intends to subdivide any portion of the parcel into a multiple dwelling unit subdivision, then the preliminary plan shall, in addition, include the following data:
a. Gross area of tract.
b. Area in street.
c. Net area of tract.
d. Maximum number of units allowed.
e. Maximum number of units proposed.
f. Parking ratio.
g. Distance between structures.

(Ord. No. 92-02 Art. V §2; 1-13-92)

Section 415.070: Approval of Preliminary Plan

After the preliminary plan has been approved by the Planning Commission, it shall be submitted to the City Board of Aldermen for its approval or disapproval. Approval of the preliminary plan by the Board of Aldermen does not constitute an acceptance or approval of the subdivision plat. One (1) copy of the approved plan, signed by the Mayor, shall be retained in the office of the City Clerk. One (1) signed copy will be given to the subdivider.
(Ord. No. 92-02 Art. V §3; 1-13-92)

Chapter 415: ARTICLE III. FINAL PLAT REQUIREMENTS	Return to the Top
Cross Reference-Refer to Article V. for minimum improvements required prior to filing of final plat.

Section 415.080: Generally

In addition to all of the standard requirements for a preliminary plan as indicated in Article II of this Chapter the altered or additional requirements contained below will be required as a part of the final plat unless specifically waivered by the Board of Aldermen upon the recommendation of the Planning Commission.
(Ord. No. 92-02 Art. VI; 1-13-92)

Section 415.090: Filing Procedure

For final plat approval the subdivider shall submit to the Zoning Administrator, City of Marble Hill:

The final plat on reproducible positive and five (5) blueprint or black line copies of the final plat, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat.
Six (6) certified copies of the improvement plans containing all profiles and specifications, certified by a Professional Engineer registered in the State of Missouri.
The filing fee as required by Article VII.
A certificate from the Zoning Administrator that the final plat is in accordance with the preliminary plan as approved by the Planning and Zoning Commission and Board.
A performance guarantees as required by Article VII and approved by the City Attorney.

(Ord. No. 92- 02 Art. VI §1; 1-13-92)

Section 415.100: Filed When

The final plat shall be filed with the Bollinger County Recorder of Deed, by the City, within fifteen (15) days after approval by the Board of Aldermen.
(Ord. No. 92-02 Art. VI §2; 1-13-92)

Section 415.110: Information on Final Plat

The final plat is to be drawn at a scale of not more than one hundred (100) feet to the inch from an accurate survey and on one (1) or more sheets whose maximum dimensions are eighteen (18") inches by twenty-four (24") inches. In certain unusual instances where the subdivided area is of unusual size or shape, the Zoning Administrator may permit a variation in the scale or size of the record plat. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet and the areas shown on the other sheets. The final plat shall show and be accompanied by the following information:

The boundary lines of the area being subdivided with accurate distances and bearings.
The lines of all proposed streets, their widths and names, and the line of all alleys.
The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names.
All plot lines together with an identification system for all lots and blocks.
The location of all building lines and easements provided for public use, services or utilities.
All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and any other area for public or private use. Linear dimensions are to be given to at least the nearest one-tenth (1/10) of a foot.
The radii, arc length, location of the curve, and central angle for all curvilinear streets and radii for rounded corners.
A detailed description of the location and physical nature of all survey monuments and bench marks, indicating whether monuments were existing or set, and the reference datum.
The name of the subdivision, the scale of the plat, a north arrow, and a statement as to the method used to determine north.
The certificate of the Surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.
Private restrictions and their periods of existence. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
Notarized certification by the owner of the plat and restrictions, including dedication to public use of all streets, alleys, perks or other open spaces shown thereon and the granting of easements required.
Spaces provided for signatures of approval by the Chairman of the Planning and Zoning Commission, the Mayor, and attested by the City Clerk, as well as spaces for Bill and Ordinance Numbers accepting the plat.

(Ord. No. 92-02 Art. VI §3; 1-13-92)

Chapter 415: ARTICLE IV. SUBDIVISION DESIGN STANDARDS

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Section 415.120: Generally

A. No final plat for a subdivision shall be approved unless the improvement plans conform to the minimum design standards set forth within this regulations.

B. The recommendations of the City Comprehensive Plan for streets, drainage rights of way, school sites, public parks and recreational areas. and other public services and facilities shall be considered in the approval of the final plat.
(Ord. No. 92-02 Art. VII §1; 1-13-92)

Section 415.130: Street and Block Layout

A. Street classification shall be limited to four (4) categories in accordance with their use functions:

Arterial

Collector

Local (includes cul-de-sac)

Marginal Access (service roads)

B. The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projections where adjoining land is not subdivided).

C. The angle of intersection between all streets shall not vary more than ten (10º) degrees from a right angle, except by variance in cases of exceptional conditions. Streets in alignment with existing streets shall bear the same name of the existing street. All proposed street names shall be checked against duplication of other street names.

D. Except as otherwise provided herein temporary deed-end streets may be approved where necessitated by the layout of the subdivision or staging of development, provided that temporary unpaved turnarounds shall be constructed where lots are fronting on such temporary dead-end streets. The additional width of the right of way required for said temporary turnarounds shall be the same as required for permanent turnarounds. The extra right of way shall be vacated upon extension of the temporary street and the reconditioning of said street and front yards shall be at the expense of the subdivider.

E. The street layout of the subdivision shall be in general conformity with the Major Street Plan and provide the most advantageous and aesthetically pleasing development of the entire neighborhood and adjoining streets. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned, or platted streets with which they are to connect.

F. The street and alley layout shall provide access to all lots and parcels of land within the subdivision. Alleys shall be discouraged in residential areas, but may be included in commercial and industrial areas where needed for loading and unloading or access purposes. All alleys, where platted, shall have a minimum right of way width of twenty (20) feet.

G. The proposed location of an intersection of any new street with an existing City street or State highway shall be subject to approval of the Missouri State Highway Department or the City Board of Aldermen as applicable.

H. Intersections shall be designated and constructed to the current standards and specifications of the Missouri State Highway Department or the City Board of Aldermen as applicable.

I. The intersection of more than two (2) streets at one (1) point will not be permitted nor will street jogs with centerline offsets of less than one hundred twenty-five (125) feet, except by variance in cases with exceptional conditions.

J. Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the centerline as follows:
Arterial ................................. 500 feet
Collector .............................. 300 feet
Marginal Access .................. 300 feet
Local .................................... 200 feet

K. Between reversed curves there shall be a tangent of not less than one hundred (100) feet on arterial and marginal access streets.

L. Blocks shall be of sufficient width to provide for two (2) tiers of lots of an appropriate depth. The Commission may approve block widths providing for a single tier of lots where lots would otherwise front on a major street or where topographic conditions or size of the property prevents two (2) tiers. In the event that a single tier of lots is permitted by the Commission and approved by the Board of Aldermen, an adequate buffer area shall be provided and access from any abutting major street prohibited.

M. The length of blocks shall be such as may be appropriate, in the opinion of the Planning Commission, for the locality and the type of development contemplated, but shall not exceed one thousand five hundred (1,500) feet where the average size of the lot does not exceed two (2) acres in area.

N. Each lot shall be provided with direct ingress and egress to a public street or highway, to provide adequately for the layout of utilities, garbage and waste removal, fire and police protection, and other services, and to protect and further the public health and safety generally. Subdivisions intended for commercial and industrial occupancy shall have access to a collector street under all circumstances, except in the case of appropriately separated planned retail centers.
(Ord. No. 92- 02 Art. VII §2; 1-13-92)

Section 415.140: Lot Dimensions, Shapes and Positions

The size, shape and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development comtemplated in compliance with applicable zoning ordinances or regulations.

Depth. Excessive depth in relation to width shall be avoided. (A proportion of one (1) to one (1) or two (2) to one (1) will normally be considered.)
Street access. Every lot shall abut on a street, subject to the requirements of street and block layout as described above.
Width. Lots for residential purposes shall have sufficient width at the building setback lines to permit compliance with side yard or distance requirements or the applicable zoning ordinances or regulations and still be adequate for a building of practicable width.
Double-frontage. Except as otherwise provided herein. double-frontage lots shall be prohibited.
Side lot lines. Where practicable, side lot lines shall be approximately at right angles to the right of way line of the street on which the lot faces.
Corner lots. Corner lots for residential uses shall be platted wider than interior lots to permit compliance with the yard and setback requirements of the applicable zoning regulations.
Minimum lot size. Where not otherwise determined by applicable zoning ordinances or regulations, the minimum lot size for residential purposes shall be seven thousand five hundred (7,500) square feet with a minimum width of seventy-five (75) feet at the required building setback line, a minimum side yard of eight (8) feet on each side, a rear yard of twenty-five (25) feet except for accessory structures, and a front yard of thirty (30) feet.
No utilities. Where public sanitary facilities and/or water are not accessible, the lot size shall be determined in accordance with the requirements of Article V.

(Ord. No. 92-02 Art. VII §3; 1-13- 92)

Section 415.150: Preservation of Natural Features, Historic Sites and Amenities

A. Existing features which would add value to residential development or maintain the historic distinction of the City of Marble Hill shall be retained whenever feasible. Features such as watercourses or falls, historic sites, trees or similar irreplaceable assets, shall be preserved in the design of the subdivision. No significant natural feature, historic site or similar amenity shall be moved, altered, demolished or rerouted, nor shall any change in grade of the land be effected unless approval of the preliminary plan has been granted by the Planning Commission.

B. All existing sinkholes shall be protected by being walled up or by an alternate procedure approved by the Planning Commission, and easements providing access to and including the sinkhole area shall be provided as required in Section 415.160 below.

C. No existing trees shall be removed from any subdivision until approval of the preliminary plan has been granted. All trees on the plat marked for retention shall be preserved, and all trees shall be welled and protected against change of grade where required.
(Ord. No. 92-02 Art. VII §4; 1-13-92)

Section 415.160: Easements

A. Where alleys are not provided, easements for utilities shall be provided. Such easements shall have a minimum width of twenty (20) feet, one-half ('h) of the width taken from each of the abutting lots. Where necessary, a twenty (20) foot easement may extend from the front to the rear lot lines between lots with one-half (1/2) of the rebuked easements from each abutting lot.

B. Whenever a stream, watercourse, drainage way, channels, or sinkhole is located in an area which is being subdivided, the subdivider shall provide an easement along each side of the above for the purpose of widening, deepening, sloping, improving or protecting the above. The width of the easement shall be adequate for any necessary channel relocations and straightening, and shall be approved by the City Engineer.
(Ord. No. 92-02 Art. VII §5; 1-13-92)

Section 415.170: Character of Development

A. The Commission shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision.

B. Deed restrictions or covenants, when included by the subdivider, shall provide for the proper protection and maintenance of the development in the future; however, such deed restrictions or covenants shall not contain reversionary clauses wherein any lot shall return to the subdivider because of a violation thereon of the terms of the restrictions or covenants.

C. Where the subdivision contains sewers, sewage treatment plants, a water supply system, park areas, street trees or other physical facilities necessary or disirable for the welfare of the area and which are of common use or benefit and are not, or cannot be, satisfactorily maintained by an existing public agency, provision shall be made by trust agreement, made a part of the deed restrictions acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of such facilities.
(Ord. No. 92-02 Art. VII §6; 1-13-92)

Section 415.180: Parks, School Sites, Etc.

Where an area being subdivided includes lands proposed to be used for parks or schools, under the duly adopted Comprehensive Plan of the City and environs, the subdivider shall not plat such lands as a part of the subdivision plat; and shall confer with the appropriate public agency regarded the time, method and amount of payment for the agency to acquire the land. If no agreement has been reached upon the acquisition of the area within two (2) years from the date of the submission of the preliminary plan, the subdivider may then plat the balance of the area.
(Ord. No. 92-02 Art. VII §7; 1-13-92)

Section 415.190: Street Cross-Section Standards

	Minimum R.O.W.	Cross Section Widths				Full Pavement Width	No. of Traffic Lanes	Lane Widths
	Minimum R.O.W.	1	2	3	4	Full Pavement Width	No. of Traffic Lanes	Traffic	Parking
Arterial (4-lane)	80 ft.	2 ft.	4 ft.	10 ft.	24 ft.	48 ft.	4	12 ft.	None
Arterial (2-lane)	80 ft.	2 ft.	4 ft.	12 ft.	22 ft.	44 ft.	2	12 ft.	10 ft.
Collector	60 ft.	2 ft.	4 ft.	4 ft.	20 ft.	40 ft.	2	12 ft.	8 ft.
Local (paved)	50 ft.	1 ft.	4 ft.	4 ft.	16 ft.	32 ft.	2	16 ft.	Combined
Local (unpaved)	50 ft.	7 ft.	0 ft.	0 ft.	18 ft.	36 ft.	2	None	Specified
Marginal Access	40 ft.	8 ft.	0 ft.	0 ft.	12 ft.	24 ft.	2	12 ft.	None

Note: If sidewalks are not constructed, the dimensions shown for Items 1, 2 and 3 for paved streets shall be combined.
(Ord. No. 92-02 Art. VII §9; 1-13-92)

Section 415.200: Design Characteristics for Street Pavement

A. Concrete Surface

Type of Street	Minimum Uniform Thickness
Arterial	7.25 inches to 8.25 inches
Collector	6.50 inches
Local	6.00 inches
Marginal	6.00 inches
Alley	6.00 inches

The crown of the street, in cross-section, shall be a minimum of one and five tenths percent (1.5%) incline toward the center of the pavement. All intersections shall be of uniform thickness one (1") inch greater than the maximum thickness of the thickest intersecting street.

Portland cement concrete 27-day compressive strength shall be a minimum of 4,000 psi, water-cement ratio not exceeding 6.0 gals./sack, 6 sacks of cement per cubic yard of concrete, four percent (4%) to six percent (6%) entrained air with maximum aggregate size of one (1") inch; or as required to meet Missouri State Highway Commission Standards, where applicable. Expansion material shall be placed every one hundred (100) feet, with saw joints every twenty (20) feet.

B. Flexible Surface

Type of Street	Base Surface		Base/Surface
Type of Street	*Grade B Base**	Asphalt Surface	Water-Bound Macadam *(Grade B)**
Arterial	5 in.	4 in.	8 in.
Collector	5 in.	3 in.	6 in.
Local	5 in.	2 in.	6 in.
Marginal	5 in.	2 in.	6 in.
Alley	5 in.	2 in.	5 in.

*Gradation:

Grade B	Crushed stone
Maximum	100% through 1 inch sieve
	65% through 3/8 inch sieve
	5-25% through #10 sieve

Base material to be aggregate containing 5-25% fines, maximum aggregate size one (1") inch, or good subbase soil, if approved by the City Engineer; or as required to meet Missouri State Highway Commission Standards, where applicable.

The crown of the street, in cross-section, shall be a minimum of two percent (2.0%) incline toward the center of the pavement. All intersections shall be of the maximum thickness of the two (2) intersecting streets as shown in the table, plus one (1") inch of additional water-bound macadam, if it is used or one-half (1/2") inch of additional base if asphalt surface is used.
(Ord. No. 92-02 Art. VII §10; 1-13-92)

Section 415.210: Alphabetical Master List of Street Names for the City of Marble Hill

Old Marble Hill Area		View Larger Map
Allen Street	Gilmore Street
Bidewell Drive	Mary Court
Boundary Street	Mayfield Street
Broad Street	Mill Street
Broadway Street	Missouri Highway 34
Chandler Street	Missouri Highway 34 & 51
Clyde Street	Missouri Highway 51
Conrad Street	North Street
Crest Street	Oak Street
Deer Path Lane	Pine Street
Elm Street	Plutarch Street
Estes Street	Poplar Street
Exit Street	Presnell Street
Foreman Street	Rock Street
Fox Croft Drive	Tippett Street
Graham Street	Vine Street
Henry Street	Walnut Street
High Street	Main Street
Hopkins Street	Williams Street
Kaiser Street	Zimmerman Street

Old Lutesville Area
Bass Street	Missouri Highway 51
Central Street	Mound Street
Church Street	Myers Street
*Cleveland Street	Opossum Creek Road
Crown Street	Orchard Street
Ellen Street	Phelps Street
Englehart Lane	Propsect Street
First Street	Railroad Street
Glen Street	Sample Street
Highland Street	Second Street
Lutes Street	Slaybaugh Street
Magnolia Street	South Street
Main Street	Summit Street
Milford Street	Third Street
Missouri Highway 34	West Union Street

* Streets platted but not in public use.
(Ord. No. 92-02 Art VII §12; 1-13-92)

Section 415.220: Subdivision Design Standards

	Block & Lot Requirements	Residential Density		Business Industrial
	Block & Lot Requirements	Low Density Over 20 000 Sq. Ft. of. Lot Area Per Dwelling Unit	High Density Under 20 000 Sq. Ft. of Lot Area Per Dwelling Unit	Business Industrial
(1)	Maximum block length (ft)	1,500	l,500	2,000
(2)	Minimum block length (ft)	300	300	300
(3)	Minimum building setback (ft.)	30	30	30
(4)	Minimum lot width at building setback line (ft.)	75	75	None
(5)	Minimum lot dept (ft.)	100	100	100
(6)	Maximum lot depth	3 times width	3 times width	3 times width
(7)	Minimum average lot width for corner lots (ft.)	85	85	None
Rights of Ways
(8)	Local street right of way width (ft.)	50	50	60
(9)	Alley width, if provided (ft.)	20	20	24
(10)	Utility easement width (ft.)	20	20	20
(11)	Minimum cul-de-sac radium (ft.)	50	50	60
(12)	Corner radius at intersection of streets (ft.)	20	20	30
Street Design Standards
(13)	Maximum cul-de-sac length (ft.)	1,000	1,000	1,500
(14)	Maximum street grade (%)
	a) Local	12	10	8
	b) Collector	10	10	6
	c) Arterial	10	10	6
	d) Intersection	5	4	3
(15)	Minimum street grade (%)	1	1	1
*(16)	Minimum sight distance at intersections (ft.)	75	75	75
** (17)	Street pavement width with curbs and gutters (ft)
	a) Local	32	32	32
	b) Collector	40	40	40
	c) Arterial	44	44	44
(18)	Minimum pavement radius on cul-de sac (ft.)	40	40	50
(19)	Minimum centerline radius on horizontal curves (ft.)
	a) Local	150	150	200
	b) Collector	300	300	300
	c) Arterial	500	500	500
(20)	Minimum tangent length on horizontal curves (ft)	30	30	40
+(21)	Minimum length of vertical curves (ft.)
	a) Local	100	100	100
	b) Collector	100	100	100
	c) Arterial	200	200	200
+(22)	Minimum sidewalk width (ft.)	4	4	4

* Back from intersection, across corners.
** Pavement widths are from inside curb lip to inside curb lip.
+ Not less than twenty (20) feet for each algebraic difference in grade.
++ Located as per the cross-sections in Section 415.190.
(Ord. No. 92-02 Art VII §13; 1-13-92)

Chapter 415: ARTICLE V. MINIMUM IMPROVEMENTS REQUIRED

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Section 415.230: Generally

A. Receipt of the signed copy of the preliminary plan is authorization for the subdivider to proceed with the preparation of the plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements rebuked or to the submission of a bond in lieu thereof, or to the provision for any assessment for such construction, the subdivider shall furnish the City Engineer, or an individual designated by the Board of Aldermen, all plans, information and data necessary to determine the character of said improvements. These plans shall be examined by the City Engineer, or an individual designated by the Board of Aldermen, and will be approved, if in accordance with the requirements of this Section. Following this approval, construction can be started or the amount of a bond determined, or an assessment provided for, as appropriate.

B. No final or official plat of any subdivision shall be approved unless:

The subdivider agrees with the Board of Aldermen upon an assessment whereby the City is put in an assured position to install the improvements listed below at the cost of the owners of property within the subdivision, or
The improvements listed below have been installed prior to such approval, or
The subdivider files with the Board of Aldermen a surety bond, cashier's check, or a certified check upon a solvent bank located in Bollinger County conditioned to secure the construction of the improvements listed below in a satisfactory manner and within a period specified by the Board of Aldermen, such period not to exceed two (2) years. No such bond or check shall be accepted unless it be enforceable by, or payable to, the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer, or an individual designated by the Board of Aldermen, and in form with surety and conditions approved by the City Attorney.

C. The owner of a tract may prepare and secure approval of a preliminary subdivision plan of an entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording; provided however, that trunk sewers and any sewage treatment plants shall be designed and built in such a manner that they can easily be expanded or extended to serve the entire area.
(Ord. No. 92-02 Art. VIII; 1-13-92)

Section 415.240: Streets

A. Street plans, profiles, and specifications shall be prepared by a registered professional engineer and approved by the City Engineer, or an individual designated by the Board of Aldermen; Planning Commission; and Board of Aldermen.

B. Surfaced streets shall be of Portland cement concrete, flexible pavement or crushed stone, and shall be constructed in accordance with design characteristics at least equal to those rebuked in Article IV, and approved by the City Engineer, or an individual designated by the Board of Aldermen.

C. The streets shall be graded, surfaced, and improved to the dimensions required in Article IV. The work shall be performed in the manner prescribed in the current edition of the Missouri State Highway Department specifications.

D. Paved streets, with curbs and gutters, shall be surfaced to the following minimum widths, as measured from inside curb lip to inside curb lip:

Arterial (four lane)	Forty-eight (48) feet
Arterial (two lane)	Forty-four (44) feet
Collector	Forty (40) feet
Local	Thirty-two (32) feet
Marginal Access	Twenty-four (24) feet

Alleys, within a business district, shall be surfaced to a minimum of sixteen (16) feet. Cul-de-sac turnarounds shall be paved within ten (10) feet of the right of way. In instances where parking will be restricted, the above dimensions can be varied with prior approval of the Planning and Zoning Commission and the Board of Aldermen.

E. Street surfacing or pavement type shall be restricted to the following three (3) types:

Portland cement concrete surface with curb and gutter.

Asphalt pavement with curb and gutter.

Crushed stone constructed to City specifications.

F. Prior to the placement of street or alley pavements, adequate surface and subsurface (if required) drainage facilities shall be installed by the subdivider. Pipe used for drainage purposes shall be of corrugated metal, bituminous-coated corrugated metal, reinforced concrete, or extra strength vitrified clay of an approved design, size, and strength to meet the requirements of the specified conditions which may be encountered. Minimum diameters of pipe to be used shall be as follows:

Roadway Cross Drains	15 inches
Property Entrance Culverts	12 inches
Perforated Under drains	6 inches

G. All construction shall be completed in accordance with the specific conditions in the agreement for street improvements within the Improvement Plans and in a manner acceptable to the authorities having jurisdiction.

H. When changes from the accepted plans and specifications become necessary during construction, written approval from the authorities having jurisdiction shall be secured prior to the execution of said changes.

I. Adequate provision for the maintenance of all street improvements shall be made by dedication to and acceptance for maintenance by the local authorities having jurisdiction or by other suitable means.
(Ord. No. 92-02 Art. VIII §1; 1-13-92)

Section 415.250: Curbs and Gutters

A. Curbs and gutters shall be made of Portland cement concrete containing five and one-half (5 1/2) bags of cement per cubic yard of concrete, and shall be three percent (3%) to five percent (5%) air entrained.

B. Curb construction for concrete pavements may be integral. The roll type curbs may be permitted where approved by the Planning Commission and Board of Aldermen.

C. In accordance with Section 71.365, Revised Statutes of the State of Missouri, when sidewalks are required as provided for in Section 415.260 of this Article, curbs shall to constructed so as to enable persons using wheelchairs to travel freely and without assistance.

D. All new curbs and any existing curbs which are a part of a reconstruction shall comply with these requirements.

E. At each crosswalk a ramp shall be built into the curb so that the sidewalk and street blend to a common level. Such ramps shall be not less than thirty-six (36) inches wide and shall not have a slope greater than one (1") inch rise per twelve (12") inches length eight and three-tenths percent (8.3%). For all ramps there shall be a gradual rounding at the bottom of the slope.

F. An exception may be granted where, because of surrounding buildings or other restrictions, it is impossible to conform the slope of the ramp with these requirements. In this event, the ramp shall contain a slope with as shallow a rise as possible not to exceed ten percent (10%).

G. Driveway ramps shall not extend past the vertical face of the curb; and ramps shall be built into the curb so that the ramp and street blend to a common level. For all ramps there shall be a gradual rounding at the bottom of the slope.

H. In the event development on existing roadways with curbing the developer shall submit as a part of the Preliminary Plan, a curb cutting request for all proposed driveway ramps which shall be subject to approval by the City Engineer or similar official, Commission, and Board of Aldermen.

I. All plans for the installation of curbs and gutters shall be subject to approval by the City Engineer, Planning Commission, and Board of Aldermen.
(Ord. No. 92-02 Art. VIII §2; 1-13-92)

Section 415.260: Sidewalks

A. The construction of sidewalks is not normally required in subdivisions, but may be required if the subdivision includes, or is within three hundred (300) feet of existing or proposed schools, playgrounds, or other features which would attract children.

B. The extent of sidewalks within subdivisions shall be determined by the Commission and approved by the Board of Aldermen. In all subdivisions, the space as specified in Article IV shall be included in the cross- sectional drawings of streets.

C. When constructed, sidewalks shall be of Portland cement concrete four (4") inches thick, six (6") inches across driveways, with a minimum width of four (4) feet. "Dummy" control joints shall be placed every five (5) feet and expansion joints shall be placed every forty (40) feet. Concrete shall contain five and one-half (5 1/2) sacks of cement per cubic yard and shall have three percent (3%) to five percent (5%) entrained air. Finish shall be by wood float or broom with all edges and joints tooled. The location of sidewalks shall be as shown in Article IV.

D. Where sidewalks are not required, the street grade shall be completed so that additional grading shall not be necessary for any future construction of sidewalks.
(Ord. No. 92-02 Art. VIII §3; 1-13-92)

Section 415.270: Sewerage Collection System and Water Supply System

A. The subdivider shall provide for the disposal of sewage within the subdivision in accordance with Chapters 270 and 700 of this Code, which regulate the use of public and private sewers within the City, or any future ordinances which may supersede those now in effect. Where a public sanitary sewer main is reasonably accessible, the subdivider shall provide the subdivision with a complete sanitary sewer system, including the lateral connection for each lot, connected to said sewer main. All necessary construction requirements, such as lift stations, shall be the responsibility of the sudivider and approved by the City Engineer, City Planning Commission, and Board of Aldermen and shall comply with the regulations of the Missouri Department of Natural Resources.

B. Where a public sanitary sewer system is not reasonably accessible, but where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Missouri Clean Water Commission, the subdivider shall install sewers in conformity with said plans. Where immediate connection is not possible, and until such connection with the sewer system in the district can be made, the use of private sewage treatment facilities may be permitted, provided said disposal facilities are installed and maintained in accordance with the regulations and requirements of the Missouri Department of Natural Resources and approved by the City Engineer, City Planning Commission, and Board of Aldermen.

C. Where no sanitary sewer system is accessible and no plans for a sewer system have been prepared and approved, the developer may, upon approval by the Missouri Clean Water Commission, City Engineer, City Planning Commission, and Board of Aldermen, install individual disposal devices on individual lots within the subdivision. All such individual devices shall be constructed and maintained in accordance with the regulations and requirements of the Missouri Department of Natural Resources and the Board of Aldermen.

D. The subdivider shall provide the subdivision with a complete loop-type water distribution system adequate to serve the area being platted. The system shall include a connection for each lot, water mains a minimum of six (6) inches in diameter, and fire hydrants spaced a maximum of five hundred (500) feet apart. The City Planning Commission shall not approve the Final Plan until the Missouri Department of Natural Resources certifies to the Commission that said water supply system is in compliance with the applicable regulations of the State of Missouri and is in accordance with Chapters 270 and 700 of this Code or any further amendments thereto.
(Ord. No. 92-02 Art. VIII §4; 1-13-92)

Section 415.280: Storm Drainage

A. Adequate surface and subsurface drainage ways for the removal of storm water shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared by a registered professional engineer who is licensed to carry out engineering in Missouri. The analysis shall be based upon a rational method of computing storm water runoff, using the maximum of one (1) hour rainfall to be expected within a ten (10) year period. Times of concentration, soil infiltration rates, and other variable factors to be used in the analysis shall be discussed with, and approved by, the City Engineer during the preliminary consideration of the subdivision.

B. A storm sewer system, with surface inlets, shall be provided by the subdivider in all cases where curb and, gutter are to be installed and whenever available evidence indicates that such a system is necessary as a result of natural surface drainage. No surface water drainage will be allowed to enter the sanitary sewer system.

C. In the absence of a storm sewer system, a water-retarding grass shall be planted in the strip between the sidewalk and the surfaced edge of the street.

D. Any person proposing to locate a structure or a use within one hundred (100) feet of any stream, main drainage channel, or sinkhole shall include a statement by a registered professional engineer, based on a study of the watershed area and the probable runoff, that the structure or use in the location proposed will leave adequate space for the flow of flood water; provided however, that no building shall be permitted within fifty (50) feet of the top of the bank of any stream, drainage channel, or sinkhole.

E. A water-retarding grass shall be planted by the subdivider along any stream, open drainage channel, or sinkhole in an area extending a minimum of fifteen (15) feet on either side of the top of the bank of any stream, drainage channel, or sinkhole within or adjacent to a proposed subdivision.

F. All sinkholes, or similar depressions, are to be retained to dispose of surface drainage, and such features shall be provided with suitable inlet structures to prevent clogging or falling of the openings to be used and to provide maximum storm drainage capacity.
(Ord. No. 92-02 Art. VIII §5; 1-13-92)

Section 415.290: Public Utilities

A. All public utility lines shall be installed in accordance with the provisions specified in this Section.

B. Where gas, telephone, and electric service lines are placed underground throughout the subdivision, the mains, lines, cables, and conduits shall be located within easements or public rights of way in separate trenches and in a manner which will not conflict with other underground services. All controls, valves, transformers, and terminal boxes shall be located so as not to be hazardous to the public.

C. When carried on overhead poles, all utility lines for telephone and electric service shall be provided with rear and/or side lot line easements.

D. All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place, and street repairs shall be completed to restore the street surface. All such repairs or reconstruction shall be at the expense of the developer or utility involved. No excavation of any street may be undertaken until all necessary permits are obtained.
(Ord. No. 92-02 Art. VIII §6; 1-13-92)

Section 415.300: Street Lighting

A. Street lighting shall be installed by the subdivider.

In a subdivision, a street lighting unit shall be installed at each intersection and cul-de-sac turnaround.
Lighting specifications for major streets and commercial and industrial areas:
a. Lighting standards shall be evenly spaced and staggered longitudinally, maximum of two hundred fifty (250) feet apart;
b. Each lighting unit shall be set back and centered on a point three (3) feet from the rear curb line;
c. Mounting height shall be a minimum of twenty-five (25) feet from pavement to luminaire;
d. Lamp posts shall be round tube type of aluminum alloy, and a minimum of twenty-seven (27) feet in length. Lighting brackets or mast arms shall be a minimum of eight (8) feet in length and made of aluminum alloy;
e. Lamps or luminaries shall be of the type recommended by the City Engineer or similar official.

B. Lighting unit design for local streets and residential areas shall be determined by the Planning Commission on a case by case basis. Generally, units shall be designed to provide visibility without disrupting the aesthetic appeal of the development or subdivision. This will generally require a fourteen (14) foot pole with a more decorative lighting unit and adjustment in staggered longitudinal spacing.
(Ord. No. 92-02 Art. VIII §7; 1-13-92)

Section 415.310: Landscape Development

A. All unpaved or otherwise unimproved areas within the public rights of way, or public use areas, shall be landscaped in a manner approved by the Commission.

B. In informal types of street patterns, informal planting of trees in accordance with an approved landscape development plan may be permitted. In no case shall trees be planted in an area where they may cause damage to underground service utilities.
(Ord. No. 92-02 Art. VIII §8; 1-13-92)

Section 415.320: Monuments

A. All property surveys shall be conducted according to the current Minimum Standards for Property Surveys, as set out by the State Land Survey Authority.

B. All monuments shall be established and installed to meet the refinements for monumentation of the Missouri Land Survey Authority.

C. Monuments shall be provided by the subdivider and so placed that the center point shall coincide with the intersection of the lines to be marked, with the top of the monuments level with the surface of the ground (or underground where necessary after final grading.

D. All permanent monuments required by the State Land Survey Authority shall be of a type and installed according to the refinements of the State Land Survey Authority. All other markers shall consist of galvanized steel, wrought iron pipe, or steel bars at least twenty-four (24") inches in length and one-half (1/2") of an inch in diameter.

Markers shall be set by a registered land surveyor hired by the subdivider:
At the intersection of all lines forming angles in the boundary of the subdivision.
At the intersection of street right of way lines at the beginning and end of all curves along street property lines.
At all points where lot lines intersect street right of way lines.
At all angles in the lot property lines.
At all other lot comers.

(Ord. No. 92-02 Art. VIII §9; 1-13-92)

Section 415.330: Gas

If the developer proposes that natural gas be provided as fuel for home heating, the developer shall provide each lot to be so served within the subdivided area with a connection to the natural gas system. All connections shall comply with applicable regulations and requirements of the owner(s) of the natural gas system.
(Ord. No. 92-02 Art. VIII §10; 1-13-92)

Section 415.340: Plantings

All landscaped strips, parkways, and screening areas dedicated to the public shall be graded, seeded and planted in an appropriate manner. Where shrubs are required for the purpose of screening, specimen, density and other pertinent features shall be approved by the City Planning Commission.
(Ord. No. 92-02 Art. VIII §11; 1-13-92)

Chapter 415: ARTICLE VI. NON-RESIDENTIAL SUBDIVISIONS

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Section 415.350: Generally

A. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Planning Commission and Board of Aldermen may require.

B. A non-residential subdivision shall also be subject to any requirements of site plan approval set forth in the Zoning Ordinance (Chapter 405). Site plan approval and non-residential subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission. A non-residential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Planning Commission and Board of Aldermen and shall conform to the proposed land use and standards established in the Comprehensive Plan and Zoning Ordinance of the City of Marble Hill.
(Ord. No. 92-02 Art. IX; 1-13-92)

Section 415.360: Standards

A. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Planning Commission and Board of Aldermen that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.

B. The following principles and standards shall be observed:

Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the Planning Commission and Board of Aldermen for prospective use.
Street rights of way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
Special refinements may be imposed by the Board of Aldermen and Planning Commission with respect to street, curb, gutter, and sidewalk design and construction.
Special requirements may be imposed by the Board of Aldermen and Planning Commission with respect to the installation of public utilities, including water, sewer, and storm water drainage.
Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
All thoroughfares shall tie properly related to specific traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

(Ord. No. 92-02 Art. IX §2, 1-13-92)

Chapter 415: ARTICLE VII. FEES

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Section 415.370: Filing Fee for Preliminary Plan

Upon the filing of a Preliminary Plan for a subdivision, or any portion thereof, the subdivider shall pay a filing fee of twenty-five ($25.00) dollars.
(Ord. No. 92-02 Art. X §1; 1-13-92)

Section 415.380: Filing Fee for Final Plat

Upon the filing of the Final Plat for a subdivision or any portion thereof, the subdivider shall pay a filing fee of twenty-five dollars ($25.00) plus one dollar ($1.00) for each lot shown on the Final Plat.
(Ord. No. 92-02 Art. X §2; 1-13-92)

Section 415.390: Performance Guarantee

A. The subdivider shall be required to furnish a performance guarantee to guarantee actual construction and installation of all improvements within two (2) years after the approval of the Final Plat. The performance guarantee shall not be less than the estimated cost of the improvements as determined by the City Engineer.

B. If the required improvements are not completed within the time allowed, the City shall enforce the performance guarantee by all appropriate legal and equitable remedies, collect said money, and complete the required improvements in behalf of the City. Renewal of the performance guarantee may be made upon the approval of the Board of Aldermen for an additional period of time specified by the Board of Aldermen, provided that the application for renewal is made at least thirty (30) days prior to the expiration of said Bond.

C. The performance guarantee shall be made in one of the following manners:

A performance bond issued by a surety company, a title insurance company, or a financially reliable corporate security engaged in the business of signing bonds in the State of Missouri, approved by the City Attorney and Board of Aldermen; or
An escrow agreement, to be held in a special escrow account, subject to the audit of the City, approved by the City Attorney and Board of Aldermen, in one of the following forms: cash, or an irrevocable letter of credit or commitment from a lending institution to the escrow agent guaranteeing to said escrow agent the availability of escrow funds, from time to time upon demand, or certificates of deposit, treasury bills, or other readily negotiable instruments endorsed by the escrow agent.
In lieu of posting a performance bond or escrow agreement as specified in the above, the subdivider may elect to deposit in an escrow account, the amount required. The escrow agreement shall provide that the escrowed funds are held by a qualified escrow depository, approved by the City Attorney and Board of Aldermen, in a special account to be dispersed by the escrow holder solely for the payment of labor and materials used in the construction and installation of the improvements guaranteed as the work progresses and as approved by the Board of Aldermen. In no event shall an authorization be given for the release of, nor shall the escrow holder release, more than ninety percent (90%) of the escrow fund until the improvements have been completed in a satisfactory manner in accordance with this Article and approved by the Board of Aldermen.

(Ord. No. 92-02 Art. X §3; 1-13-92)

Section 415.400: Maintenance Guarantee

A. Unless the Board of Aldermen provides by either ordinance, resolutions or other procedure, the subdivider shall submit as a part of the Final Plat, a maintenance agreement setting forth the person, corporation, trustees, or other agency responsible for the assessment and collection of monies for the maintenance of all improvements within the subdivision.

B. The subdivider shall maintain and keep in repair the streets and curb and gutter improvements for a period of one (1) year from the date of completion of said improvements. To guarantee this maintenance, a maintenance bond may be accepted by the Board of Aldermen in the amount of the contract price of the improvements against defects in workmanship and materials for the one (1) year period. The bond, if accepted, shall be filed with the City Clerk and be from a surety company licensed to do business in the State of Missouri and approved by the City Attorney and Board of Aldermen.
(Ord. No. 92-02 Art. X §4; 1-13-92)

Chapter 415: ARTICLE VIII. VARIATIONS AND EXCEPTIONS

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Section 415.410: Variance and Exceptions

A. When a subdivider can show that a provision of this Chapter would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the Planning Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Commission may recommend a variance or modification to the Board of Aldermen. The subdivider shall apply in writing for such variance or modification. Any variance thus recommended shall be entered in writing in the minutes of the City Planning Commission and the reasoning on which the departure was justified shall be set forth. Any variance or modification authorized by the Board of Aldermen shall be made by resolution and a copy thereof shall be attached and made a part of the Final Plat.

B. No variance shall be granted unless the Commission finds that no detriment will be caused to the public welfare and no damage will be caused to other public property in the area in which the property for which the variance is requested is situated, and that the variance will not substantially impair the intent and purpose of this Chapter.
(Ord. No. 92-02 Art. XI §1; 1-13-92)

Section 415.420: Group Developments

The Commission may approve a comprehensive group development including residential neighborhood units, cluster developments, and condominium types, if it finds that the variations from these regulations will not adversely affect the health, welfare, safety, and convenience of the individuals occupying said development. In a comprehensive group development the allowable percentage of land which is to be set aside for various types of dwelling, commercial, and/or industrial uses shall not exceed the amount specified in the Zoning Ordinance for the district for which the development is proposed to be located.
(Ord. No. 92-02 Art. XI §2; 1-13-92)

Chapter 415: ARTICLE IX. PERMITS AND INSPECTION

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Section 415.430: Construction Permit and Inspection Certificates

A. Prior to the installation of any improvements, the subdivider shall obtain a construction permit from the City Clerk. The permit shall authorize the construction of only those improvements contained within the improvement plans. During the installation of any or all improvements, the City shall retain the right to inspect the installation as deemed necessary to ensure compliance with the approved improvement plans. If any installation of improvements is deemed inadequate to meet the requirements of the approved improvement plans, the City Engineer shall have the right to order a suspension of construction until compliance is achieved.

B. All inspections required under this Chapter will be performed by the City Engineer or his authorized representative. Upon completion of the installation of any or all improvements, the City Engineer shall file with the City Clerk notification that he has inspected the installation and that it is in compliance with the approved improvement plans, as far as he is able to determine. This shall not relieve the developer of his responsibility in cases of improper or faulty construction, substitution of inferior materials, or unapproved deviations from the improvement plans approved by the Board of Aldermen.

C. The subdivider shall pay for and arrange for inspections performed by an registered professional engineer in his employ, and any inspections that may be required by ordinances and regulations of other agencies having jurisdiction.
(Ord. No. 92-02 Art. XII §1; 1-13-92)

Section 415.440: Building Permits

A. No building permit shall be issued by any governing official for the construction of any building, structure, or improvements to the land, or to any lot within a subdivision, which has been approved for platting or replatting until all requirements of this Chapter have been fully complied with.

B. No building permit shall be valid unless construction is started within six (6) months of the date of issue.

C. Any building or structure for which a building permit is issued shall conform to any building, electrical, plumbing, utility, or safety code now in force by ordinance or which may be enacted in the future for the health, safety, and welfare of the City.
(Ord. No. 92-02 Art. XII §2; 1-13-92)

Section 415.450: Permit Not Issued — When

No building permit shall be issued and no building shall be erected on any lot within the territorial jurisdiction of the City of Marble Hill unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of the Major Street Plan of the City of Marble Hill, as provided in Section 89.460 and Section 89.470, Revised Statutes of the State of Missouri.
(Ord. No. 92-02 Art. XII §3; 1-13-92)

Chapter 415: ARTICLE X. ENFORCEMENT AND PENALTY

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Section 415.460: Enforcement

No County Recorder shall receive for filing or recording any subdivision plat required to be approved by the Board of Aldermen or the City Planning Commission unless the plat has endorsed upon it the approval of the Board of Aldermen under the hand of the Clerk and the Seal of the City, or by the Secretary of the Planning Commission.
(Ord. No. 92-02 Art. XIII; 1-13-92)

Section 415.470: Record of Plats

A copy of the Final Plat of the subdivision shall be filed in a book of plats by the City of Marble Hill.
(Ord. No. 92-02 Art. XIV; 1-13-92)

Section 415.480: Violation and Penalty

A. No owner, or agent of the owner, of any land located within the platting jurisdiction of the City of Marble Hill, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen or the City Planning Commission and recorded in the office of the County Recorder. Any person violating the provisions of this Chapter shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.

B. Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by confinement in the County Jail for not more than one (1) year, or by both such fine and confinement.
(Ord. No. 92-02 Art. XV; 1-13-92)

Section 415.490: Changes and Amendments

Any regulations or provisions of this Chapter may be changed and amended from time to time by the Board of Aldermen, provided however. that such changes or amendments shall not become effective until after a study and report by the Planning Commission and until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing.
(Ord. No. 92-02 Art. XVI; 1-13-92)

Chapter 420: FLOOD DAMAGE PREVENTION
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

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Section 420.010: Statutory Authorization

The legislature of the State of Missouri has delegated the responsibility to local government units to adopt regulations designated to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Aldermen of the City of Marble Hill, Missouri, does ordain as set out in this Chapter.
(Ord. No. 93-16 Art. I §A; 9-27-93)

Section 420.020: Findings of Fact

A. The flood hazard areas of the City of Marble Hill, Missouri, are subject to periodic inundation which results in loss of life and 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.

B. These flood losses are caused by the cumulative effect of obstructions in flood plains causing increasing in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazards to other land which are inadequately elevated, flood proofed, or otherwise protected from flood damages.
(Ord. No. 93-16 Art. I §B; 9-27-93)

Section 420.030: Statement of Purpose

It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

To protect human life and health;
To minimize expenditure of public money for costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains;
To help maintain a stable tax base by providing for sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas;
To insure that potential home buyers are notified that property is in a flood area; and
To insure that those who occupy the areas of special flood hazard assume responsibilities for their actions.

(Ord. No. 93- 16 Art. I §C; 9-27-93)

Section 420.040: Methods of Reducing Flood Losses

In order to accomplish its purpose, this Chapter includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion or to flood heights or velocities.
Requiring that uses vulnerable to floods, including facilities which serve such uses, he protected against flood damage at the time of initial construction.
Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters.
Controlling filling, grading, dredging, and other development which may increase erosion or flood damage.
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 93-16 Art. I §D, 9-27-93)

Chapter 420: ARTICLE II. DEFINITIONS

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Section 420.050: Definitions

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and to give this Chapter its more reasonable application.

ACTUARIAL RATES OR RISK PREMIUM RATES: Those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the Act and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

APPEAL: A request for a review of the City Administrator's interpretation of any provision of this Chapter or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain within a community subject to one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: The flood having one percent (1%) chance of being equaled or exceeded in any given year.

BASEMENT: Any area of the building having its floor subgraph (below ground level) on all sides.

CHANNEL: A natural or artificial watercourse of perceptible extent, with a definite bed and balks to confine and conduct continuously or periodically flowing water. "Channel-flow", thus, is that water which is flowing within the limits of a defined channel.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations, or storing of equipment or materials.

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 FIRM'S effective before that date. "Existing construction" may also be referred to as "existing structures."

FLOOD OR FLOODING:

A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding defined in Paragraph (1)(a) of this definition.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY OR FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudsling (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD PLAIN 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 flood plain management regulations.

FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOODWAY FRINGE: That area of the flood plain, outside of the floodway, that on the average is likely to he flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year).

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 a designated height.

FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of flood plain 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.

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:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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;
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
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 non-elevation design requirements.

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. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

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.

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.

START OF CONSTRUCTION: (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided 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 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; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not 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.

STRUCTURE: A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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" or 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:

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
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

VARIANCE: A 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.
(Ord. No. 93- 16 Art. II, 9-27-93)

Chapter 420: ARTICLE III. GENERAL PROVISIONS

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Section 420.060: Lands to Which this Chapter Applies

This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Marble Hill, Missouri.
(Ord. No. 93-16 Art. III §A; 9-27-93)

Section 420.070: Basis for Establishing the Areas of Special Flood Hazard

The areas of special flood hazard identified by the Federal Emergency Management Agency through a scientific and engineering report entitled "The Flood Insurance Study for the City of Marble Hill", dated October 23, 1989, with accompanying Flood Insurance Rate Maps (and Flood Boundary and Floodway Maps) with any revision thereto are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study is on file at City Hall, Marble Hill, Missouri.
(Ord. No. 93- 16 Art. III §B; 9-27-93)

Section 420.080: Penalties for Non-compliance

A. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations.

B. Violations 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 a misdemeanor. 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 offence.

C. Nothing herein contained shall prevent the City of Marble Hill or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 93-16 Art. III §C; 9-27-93)

Section 420.090: 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.
(Ord. No. 93- 16 Art. III §D; 9-27-93)

Section 420.100: Interpretation

In the interpretation and application of this Chapter, all provisions shall be:

Considered as minimum requirements;
Liberally construed in favor of the Governing Body, and
Deemed neither to limit nor repeal any other powers granted under State Statutes.

(Ord. No. 93-16 Art. III §E; 9-27-93)

Section 420.110: 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 can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not increase liability on the part of the City of Marble Hill, Missouri, or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.
(Ord. No. 93-16 Art. III §F; 9-27-93)

Chapter 420: ARTICLE IV. ADMINISTRATION

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Section 420.120: Establishment of a Flood Plain Development Permit

A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 420.070. 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 Section 420.050. Application for a Development Permit shall be made on forms furnished by the Building Inspector 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:

Elevation in relation to mean sea level, or the lowest floor (including basement) of all structures.
Elevation in relation to mean sea level to which any non-residential structure is to be flood proofed.
Certification from a registered professional engineer or architect that the non-residential flood proofed structure will meet the flood proofing criteria in Section 420.180(2).
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. No. 93- l 6 Art. IV §A; 9-27-93)

Section 420.130: Designation of the Local Administrator

The Building Inspector is hereby appointed to administer and implement the provisions of this Chapter, by granting or denying development permit applications in accordance with its provisions.
(Ord. No. 93- 16 Art. IV §B; 9-27-93)

Section 420.140: Duties and Responsibilities of Building Inspector

Duties of the Building Inspector shall include, but not be limited to:

Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
When base flood elevation data have not been provided in accordance with Section 420.070, then the Building Inspector 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.
Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed.
When flood proofing is utilized for a particular structure the Building Inspector shall obtain certification from the permittee's registered professional engineer or architect that flood proofing standards have been met.
Notify adjacent communities and the Missouri Department of Natural Resources, FPM Section, prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency.
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
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 conditions) the Building Inspector shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article.

(Ord. No. 93- 16 Art. IV, §C, 9-27- 93)

Section 420.150: Variance Procedures

A. The Appeal Board as established by the Board of Aldermen of the City of Marble Hill, Missouri, shall hear and decide appeals and requests for variances from the requirements of this Chapter.

B. The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this Chapter.

C. Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the Circuit Court as provided in the Statues of the State of Missouri.

D. In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter, and;

The danger that materials may be swept onto other lands to the injury of others;
The danger to life and property due to flooding or erosion damage;
The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment transport of the flood wafers and the effects of wave action, if applicable, expected at the site; and,
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.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Paragraphs (2-6) below, have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation 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.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
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, increase nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 93- 16 Art. IV §D; 9-27-93)

Chapter 420: ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION

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Section 420.160: General Standards

In all areas of special flood hazards (Zones A, AE, A1-30, AO, A1-I) the following provisions are required:

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.
All new construction and substantial improvements shall be constructed with materials resistant to flood damage.
All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
All new construction and substantial improvements shall be constructed with electrical, heating, ventilating, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
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 elevation of the one hundred (100) year flood more than one (1) foot on the average cross section of the reach in which the development of landfill is located as shown on the Rood Insurance Rate Study incorporated by reference Article III, Section 420.070 of this Chapter.

(Ord. No. 93- 16 Art. IV, §D; 9-27-93)

Section 420.170: Standards for Subdivision Proposals

A. All subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage.

B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

D. Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), which is greater than either five (5) lots or five (5) acres.
(Ord. No. 93- 16 Art. V, §B; 9-27-93)

Section 420.180: Specific Standards

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Article III, Section 420.070, or Article IV, Section 420.140, (Zones A1-30, AE and AH) the following provisions are required:

A. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation.

B. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to at least one (1) foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood proofed 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 shall be provided to the official as set forth in Article IV, Section 420.140(6).

C. Require 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 wails 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 minimum of two (2) openings having ga total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. 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.

D. Manufactured homes: All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with State and local building codes and FEMA guidelines. In the event that over-the-top frame times to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

Over-the-top ties shall 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 only one (1) additional tie per side;
Frame ties shall 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 only four (4) additional ties per side;
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
Any additions to the manufactured home be similarly anchored.

Require that all manufactured homes to be placed within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above one (1) foot above the base flood elevations; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this Subsection.
(Ord. No. 93-16 Art. V, §C; 9-27-93)

Section 420.190: Floodways

Located within areas of special flood hazard established in Article III, Section 420.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
If Subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V.
In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Article V, Section 420.170(4) of this Chapter in meeting the standards of this Section.

(Ord. No. 93- 16 Art. V §D; 9-27-93)

Section 420.200: Areas of Shallow Flooding (AO and AH Zones)

Located within the areas of special flood hazard established in Article III, Section 420.070 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:

Within AO zones.
a. All new construction and substantial improvements of residential structures shall 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. A 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 flood proofed to or above that level so that any space below that level is watertight with wails 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 flood waters around and away from proposed structures.
d. The anchoring requirements for manufactured homes as established in Article V, Section 420.180(4,a) shall be required.
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 Article V, Section 420.180.
b. Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(Ord. No. 93- 16 Art. V §E; 9-27-93)

Chapter 420: ARTICLE VI. NON-CONFORMING USE

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Section 420.210: Non-conforming Use

A. A structure or the use of a structure or premises which was lawful before the passage (August 13, 1990) or amendment of the original floodplain ordinance, but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions:

If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Chapter. The Utility Department shall notify the Mayor in writing of instances of non-conforming uses where utility services have been discontinued for a period of twelve (12) months.
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming 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 except that if it is 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.
(Ord. No. 93- 16 Art. VI; 9-27-93)

Chapter 420: ARTICLE VII. AMENDMENTS

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Section 420.220: 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 Marble Hill, Missouri.

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.
(Ord. No. 93-16 Art. VII; 9-27-93)

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Title V. Building Code

Chapter 500: RESERVED

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Chapter 505: CONSTRUCTION AND EQUIPMENT OF BUILDINGS IN GENERAL

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Section 505.010: Masonry Walls and Fire Retardant Roof Coverings Required Within Fire Limits

A. Every building hereafter erected or enlarged within the fire limits as set out in Section 510.010, shall, except as provided for in Section 505.020, be enclosed on all sides with walls constructed wholly of brick, stone, hollow tile, hollow or solid concrete block, concrete, or other equivalent incombustible materials; and shall have the roof, also top, and sides of all roof structures, including dormer windows, covered with incombustible or fire retardant materials. All cornices shall be incombustible material.

B. Buildings with wooden frame-work clad with sheet metal or stucco or veneered with brick or its equivalent shall be classed as frame.
(MH/Ord. No. 30 Art. II)

Section 505.020: Permissible Wooden and Metal Structures within Fire Limits

No frame, wooden or metal structure shall hereafter be built within the fire limits as given herein, or as they may be hereafter established, except the following:

Temporary one-story buildings for use of builders, only in connection with a building operation for which a permit has been issued under Section 515.020.
Fences not exceeding ten (10) feet in height.
Porches, balconies and canopies not exceeding ten (10) feet in width, nor extending more than three (3) feet above the second story floor beams. No such structure shall be joined to any similar structure of another building.
Bay windows when covered with incombustible or fire retardant materials.
Small detached outbuildings not exceed one hundred fifty (150) square feet in area and eight (8) feet in height, and not within five (5) feet of any lot line.
Dwellings not exceeding two (2) stories in height and separated by at least five (5) feet from lot line of adjoining property.
A building occupied exclusively as a private garage or stable, not more than one (1) story in height nor more than seven hundred fifty (750) square feet in area, located on the same lot with a dwelling; provided that such building be placed at least three (3) feet from the lot line.
One-story all metal buildings or other unprotected non-combustible construction, with no wood in wall or roof structure, having a horizontal separation of at least ten (10) feet on all sides, with area not exceeding twenty five hundred (2,500) square feet when used for a business occupancy, or not exceeding one thousand (1,000) square feet when used for other occupancy. Business occupancy means the use of a building or structure for transacting of business or rendering or receiving of professional services; including among others, banks, barber shops, beauty parlors, offices, radio and television stations, telephone exchanges.
Coal tipples, ice houses, material bins, trestles and water tanks when built of planking and timbers of the dimension usual for heavy timber construction.
Cooling towers not in excess of two hundred fifty (250) square feet in base area and fifteen (15) feet in height.
Greenhouses not more than fifteen (15) feet in height, erected on the same lot, with and accessory to dwelling or store.
Non-combustible display signs, or combustible display signs when not over fifteen (15) feet high and not attached to or forming part of any other structure.
No frame or metal building or other unprotected non-combustible construction not in conformity with this Section shall be moved from without to within the fire limits, or from one lot to another lot within the fire limits.

(MH/Ord. No. 30 Art. II)

Section 505.030: Repairing Frame Building within Fire Limits

Any existing frame building within the fire limits not in conformity with this Title, which may hereafter be damaged by fire, decay or otherwise to an amount greater than one-half (1/2) of its value, exclusive of foundation, shall not be repaired or rebuilt, but shall be removed.
(MH/Ord. No. 30 Art. II)

Section 505.040: Limits of Area and Heights

The floor area of buildings between fire walls shall not exceed the following:

Type of Construction	One Story	Exceeding One Story

Ordinary Construction	9000 sq. ft.	6000 sq. ft.
Unprotected Non-Combustible Construction	9000 sq. ft.	6000 sq. ft.
Wood Frame Construction	6000 sq. ft.	4000 sq. ft.

In fronting on more than one street, above areas may be increased twenty-five percent (25%) for each additional street.

For the purpose of this Section a street shall be deemed to include any avenue, boulevard, street, alley or lane, twenty (20) feet or greater in width, or any court, parking space or yard with direct connection to a street, and not less than twenty (20) feet wide. Such court, parking space or yard shall be the property of the owner of the building and shall not be enclosed or roofed over.

Non-fire-resistive buildings, fully equipped with approved automatic sprinklers , may be two hundred percent (200%) greater in area than the above.

Fire-resistive buildings (reinforced concrete frame, floors and roofs or the equivalent) shall not be limited as to area or height.

No building shall exceed three (3) stories or forty-five (45) feet in height unless of fire-resistive construction (reinforced concrete frame, floors and roof or the equivalent).
(MH/Ord. No. 30 Article II)

Section 505.050: Means of Exit

Every room of any building exceeding one thousand (1,000) square feet in area or occupied by more than one hundred (100) persons shall have at least two (2) exits. Every story of any building shall have at least one (1) exit and every story that exceeds two thousand five hundred (2,500) square feet in area shall have at least two (2) separate and independent exits. All doors in required exits shall swing in the direction of exit travel. The term exit and the required number of exits, their location, unobstructed width, illumination and indicating signs shall be in accordance with a nationally recognized standard and satisfactory to the Building Inspector and Fire Chief.
(MH/Ord. No. 30 Article II)

Section 505.060: Masonry Walls

Those walls which are required by this Title to be of masonry construction shall be continuous from foundation to the roof. The thickness of such walls shall be sufficient to carry safely all imposed loads and shall comply with minimum dimensions as specified in this Section.

Brick bearing walls, not common to more than one building, shall have a minimum thickness of twelve inches (12") for one-story buildings or for the upper two (2) stories of buildings more than one (1) story in height. This minimum thickness shall be increased four inches (4") for each two (2) stories or fraction thereof below the upper two (2) stories. (For example, minimum thickness required for a seven (7) story wall would be twenty-four (24"), twenty (20"), twenty (20"), sixteen (16"), sixteen (16"), twelve (12") and twelve inches (12"). Brick bearing walls, not common to more than one building may be eight inches (8") in thickness under the following conditions:
a. Walls of dwellings not over two (2) stories in height, and
b. Walls not over fifteen (15) feet in height, provided such walls are reinforced at intervals not exceeding twenty (20) feet by cross walls, piers or buttresses.
Brick non-bearing walls, not wholly supported by girders at each story, and not common to more than one building, shall conform to minimum thickness of Subsection (1) above, except that walls four inches (4") or less in thickness may be permitted where sixteen inches (16") or greater thickness is specified in Subsection (1). (For example, minimum thicknesses required for a seven story wall would twenty (20"), sixteen (16"), sixteen (16"), twelve (12"), twelve (12"), twelve (12") and twelve inches (12").
Brick non-bearing walls, wholly supported by girders at each story, may be twelve inches (12") in thickness where common to more than one building or eight inches (8") in thickness where not common to more than one building.
Brick walls which are common to more than one building when not covered by Subsection (3) above shall conform to the minimum thicknesses of Subsection (1) except that no such wall shall be less than sixteen inches (16") in thickness.
Natural stone walls shall be four inches (4") thicker than specified above for brick walls. Hewn or squared stone walls shall conform to the thicknesses specified above for brick walls.
Hollow masonry walls shall conform to the thickness specified above for brick walls except that no hollow block or hollow tile walls shall be used where common to more than one building unless faced on both sides with not less than four inches (4") of brick properly bonded. Where structure members project into hollow masonry units, the hollow space shall be filled with non-combustible material the full thickness of the wall and six inches (6") or more above, between and below such members.
Reinforced concrete walls of monolithic construction shall be not less than two-thirds (2/3) the thickness specified above for brick walls except that no such walls shall be less than six inches (6") in thickness. Concrete walls not properly reinforced shall conform to the thickness specified above for brick walls.
Other non-combustible walls. Where acceptable to the Building Inspector other non- combustible materials of required structural stability may be used in walls, when conforming with the following minimum requirements:

Type of Wall	Horizontal Separation	Fire Resistance Rating Not Less Than:	Total Area of Window Openings Not Exceeding:
Fire Wall, bearing or non-bearing		4 hours	None permitted
Bearing Wall	Less than 3 ft.	3 hours	None permitted
	At least 3 ft.	2 hours	None permitted
Non-Bearing Wall	Less than 3 ft.	3 hours	40% of total wall area.
	At least 3 ft.	2 hours	40% of total wall area
	At least 20 ft.	1 hour	60% of total wall area

Section 505.070: Parapets

Parapets eight inches (8") or more in thickness shall be extended a minimum of eighteen inches (18") above the roof level on those walls which are required by this Title to be of masonry construction, except as specifically exempted below. All parapeted walls shall be suitably coped. Parapets shall not be required on:

Walls terminating at roofs of fireproof or semi-fireproof construction.
A wall of a building the roof of which is at least three (3) feet lower than the roof of, or any opening in, an adjacent building wall.
Walls facing on a street having a width of thirty (30) feet or more.
Walls of a building which is thirty (30) feet or more distant in all directions from other buildings.
Walls of a detached dwelling or of a building not exceeding one thousand (1,000) square feet in area.
Walls of a building where the roof has an angle of more than twenty degrees (20º) with the horizontal.

(MH/Ord. No. 30 Article II)

Section 505.080: Protection of Wall Openings

For the purpose of preventing the spread of fire from building to building communicating openings in fire walls and certain openings in exterior walls required by this Chapter to be of masonry or equivalent construction shall be protected by approved fire doors, approved fire windows or other approved means satisfactory to the Building Inspector and Fire Chief. Protection shall be required for conditions as follows:

When communicating openings are located in fire walls separating buildings. In such cases, communicating openings shall be protected on each side of the wall by fire doors, approved for the protection of openings in fire walls.
When openings are located above the first story in an exterior wall facing on a street less than thirty (30) feet measured from building line to building line.
When openings in an exterior wall are less than thirty (30) feet distant in a direct unobstructed line from an opening in another building. Protection shall not be required where openings in exterior walls face in the same direction.
When openings in an exterior wall are above and are less than thirty (30) feet distant from any part of a neighboring roof of a building of other than fire resistive construction (reinforced concrete frame, floors and roof or their equivalent).

(MH/Ord. No. 30 Article II)

Section 505.090: Fire stopping

Fire stopping in all classes of buildings shall be arranged to cut off all concealed draft openings, such as at floors, ceilings, roofs and attic spaces, and shall form effectual fire barriers horizontally and vertically. In buildings of non-fire-resistive construction, wood two inches (2") in thickness, nominal dimension, may be used; in other types of construction approved non-combustible material shall be used.
(MH/Ord. No. 30 Article II)

Section 505.100: Workmanship and Safety of Design

All workmanship and building materials shall be of good quality and shall conform to specifications which the Building Inspector prescribes. The more generally standard specifications for quality of materials are those of the American Society for Testing Materials. All parts of every buildup shall be designed to safely carry loads to be imposed thereon and shall in all other respects conform to good engineering practices.
(MH/Ord. No. 30 Article II)

Section 505.110: Seismic Design of New Construction

A. Any new construction or major structural renovation begun after January 1, 1991, all buildings for which leases are executed by political subdivisions of the State after January 1, 1994, and all buildings for which leases are executed by the State or any institution of higher education after January 1, 1994, shall comply with the standards for seismic design and construction of the Building Officials and Code Administrators Code or of the Uniform Building Code.

B. This Section shall not apply to any building owned by the State, any institution of higher education, any political subdivision upon which construction was begun or finished before January 3, 1991, any private structure with less than ten thousand (10,000) square feet in total area, or any single- family or duplex residence.

C. As used in this Section, the term "major structural renovation" means any reconstruction, rehabilitation, addition or other improvement of an existing 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 major structural renovation.
(Ord. No. 91-01 §§ 1-3; 1-3-91)

Chapter 510: STREETS

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Section 510.010: Street Excavation

No person, firm or corporation shall connect on to any sewer located in any street or avenue of this City without first obtaining permission from the City of Marble Hill, and it shall be unlawful for any person, firm or corporation to break into or damage any blacktopped or paved street for the purpose of making a sewer connection in any such street without first paying a fee of fifty dollars ($50.00) to the Street Commissioner or other officer authorized by the City to collect the same and in addition thereto there shall be made a charge to cover the costs of replacing and repairing the damages of such street occasioned thereby.
(Ord. No. 80-10 §29.020)

Section 510.020: Street Paving

A. The City of Marble Hill, Missouri, shall have sole control over the decision to pave, not pave, or repave any streets located within the City limits of the City of Marble Hill, Missouri.

B. Any unpaved street may be ordered paved by the City of Marble Hill, Missouri, on its own motion. Any costs of the paving shall be repaid pursuant to the terms of this Section.

C. In addition to Subsection B of this Section, two-thirds (2/3) of the record landowners, as established by the Recorder's Office of the Bollinger County, owning eighty-five percent (85%) of the adjoining land to any unpaved street may petition the Board of Aldermen of the City of Marble Hill, Missouri, to have a street or portion of a street paved. The petition to the Board of Aldermen shall include the names and addresses of all record landowners who own all of the property located on both sides of the street sought to be paved and shall include a plat of the street showing in feet the number of adjoining feet that each adjoining landowner to the street owns. Upon receipt of the petition of the Board of Aldermen shall verify that all requirements of this Section have been met and upon verification shall immediately seek estimates for the costs of the work sought to be performed. Upon receiving the estimate the Board of Aldermen shall approve the project and the City Clerk shall notify all of the adjoining landowners in writing of the total estimated cost of the project and the proportionate share of the cost that each landowner pay for the work to be performed. The adjoining landowners shall then have sixty (60) days to file with the City Clerk a deposit equal to the amount previously given that landowner as being his proportionate share of the costs. Upon receipt of all of the estimated costs of the City of Marble Hill shall make arrangements for performance of the work to be completed as soon as practical taking into account all circumstances including the weather conditions. If the adjoining landowners fail to pay the requisite amount within sixty (60) days, this shall signify a rejection of the project and the deposits placed with the City Clerk shall be returned immediately to the person who placed such deposit with the City Clerk unless the City shall elect to pave said street under the provisions of Subsection B of this Section.

D. The minimum thickness of any asphalt covering of the initial covering of any street shall be three inches (3"). The City of Marble Hill, Missouri, may require additional thickness at any time it feels said thickness is necessary.

E. All costs of paving shall be borne by the adjoining property owners whose property adjoins said street.

F. The costs of paving an intersection or paving around a corner lot shall be borne by those real property owners whose property adjoins said intersection or corner lot.

G. Upon completion of any initial street paving project and upon the express acceptance of said project which said acceptance shall be evidenced in the official records of the City of Marble Hill, Missouri, the City shall be responsible for all subsequent maintenance costs unless the City shall expressly reserve the right to refuse to bear the cost of any future maintenance. The decision as to when any future maintenance or repaving shall be done shall be the sole decision of the City of Marble Hill.

H. If there are any sums of money due as a result of any work performed under this Chapter it shall be immediately due upon completion of the project and its subsequent acceptance by the City. At the end of thirty (30) days any overdue amounts shall begin to accrue interest at the rate of one percent (1%) per month on the unpaid balance, provided that said interest rate shall not exceed ten percent (10%) per year. After December 31 of any year when there are delinquent amounts owed the City, the City Clerk shall certify the same and shall turn over all delinquent accounts to the City Collector for collection purposes and all such delinquent amounts shall be handled by the City Collector pursuant to State law just as any delinquent taxes would be handled.
(Ord. No. 87-9 §11-8)

Section 510.030: Placement of Culverts along Public Streets

A. No person may place a culvert or in any way modify a drainage ditch bordering any public street or alley of the City of Marble Hill, Missouri, without first having obtained a permit from the Board of Aldermen of the City of Marble Hill, Missouri, allowing the person to do so.

B. Any person desiring a permit to allow for the modification of a drainage ditch or the placing of a culvert shall first contact the Building Inspector for the City of Marble Hill, Missouri, and provide the Building Inspector with details concerning the size of the culvert or a description of the modifications together with all other relevant information concerning any of the modifications to the drainage ditch that the person desires to make. Upon receiving this information the Building Inspector of the City of Marble Hill, Missouri, shall immediately make an investigation thereof and shall, at the next regularly scheduled meeting of the Board of Aldermen of the City of Marble Hill, or as soon thereafter as can be worked into the agenda, make a report to the Board of Aldermen of the City of Marble Hill as to the proposal. After due deliberation the Board of Aldermen of the City of Marble Hill shall either approve the proposal and issue a permit allowing for the action to be taken or deny the proposal.

C. Any person who fails to comply with the provisions of this Section shall be subject to a penalty of ten dollars ($10.00) per day for any modification made without the issuance of a permit. Said ten dollar ($10.00) penalty shall continue for each day that said modification exists or until the necessary permit has been obtained by the individual from the Board of Aldermen of the City of Marble Hill, Missouri. In addition to the penalty described above, the City of Marble Hill, Missouri, may order the removal of said modification and if said removal is not performed within ten (10) days, the Board of Aldermen of the City of Marble Hill, Missouri, may direct that the City employees of the City of Marble Hill, Missouri, remove the same and any costs incurred by the City in the removal of any illegal modifications shall be assessed against the landowner and no permit shall be issued in the future until said assessment, together with all occurred penalties, have been paid in full.
(Ord. No. No. 89-12 §11-3)

Chapter 515: FIRE LIMITS AND PLANS AND PERMITS

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Section 515.010: Fire Limits

The fire limits for the City of Marble Hill shall be on file in the Office of the City Clerk.
(MH/Ord. No. 30 Article I)

Section 515.020: Permit Required

A. Except as hereinafter exempted in this Section, no wall, structure, building or part thereof shall hereafter be built, enlarged, or altered within the corporate limits until a plan of the proposed work, together with a statement of the materials to be used, shall have been submitted in writing in duplicate to the Building Inspector, who shall, in accordance with the provisions herein contained, issue a permit for the proposed construction. The permit herein required shall be made in duplicate and in such form as may be adopted by a resolution of the Board of Aldermen and one (1) copy thereof shall be kept on file in the office of the City Clerk.

B. Ordinary repairs and minor alterations not involving any change in major structural parts such as walls, beams, girders, chimneys and flues, or involving a cost of not more than five hundred dollars ($500.00), or erection of detached outbuildings outside the fire limits (such as sheds, chicken houses, and one-car private garages) costing not more than five hundred dollars ($500.00); or minor changes or repairs in electrical wiring or equipment, shall not require the issuance of a permit.

C. No building shall be moved until a permit has been obtained from the Building Inspector and such official shall not issue such permit if in his judgment the proposed new location would seriously increase the fire hazards of the surrounding buildings.

D. When any wall, structure, building, or part thereof shall be constructed within the corporate limits without a permit or contrary to the provisions of this Title, it shall be taken or torn down or removed, and the expense incident thereto shall be recovered of the owner of said property by a suit in a court of competent jurisdiction.
(MH/Ord. No. 30 Art. I)

Section 515.030: Inspection of Construction

The Building Inspector shall inspect all buildings or structures during construction to see that the provisions of this Chapter are complied with. Whenever in his opinion, by reason of defective or illegal work in violation of a provision of this Title, the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until condition in violation has been remedied.
(MH/Ord. No. 30 Art. I)

Chapter 520: CHIMNEY, FLUES AND HEATING APPLIANCES

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Section 520.010: Applicable to New or Rebuilt Chimneys

All chimneys, flues or fireplaces hereafter built or rebuilt in any building, within the corporate limits, regardless of the type of fuel used, shall conform to the provisions of this Title.
(MH/Ord. No. 30 Article III)

Section 520.020: Chimneys and Flues

A. Chimneys shall be built of brick, of solid block masonry or of reinforced concrete, not less than three and three-quarters inches (3 3/4") thick. Chimneys shall be lined throughout with fire clay flue lining or with fire brick provided that chimneys for gas appliances only may be lined with any approved corrosion resistant lining. Chimneys shall be built on concrete or masonry foundations. Chimneys shall not rest upon or be carried by wooden floors, beams or brackets, nor be hung from wooden rafters. Iron brackets or stirrups attached to wooden construction shall not be used to support chimneys. Footings for exterior chimneys shall start below the frost line.

B. All chimneys shall be built as nearly vertical as possible and shall extend at least three (3) feet above the highest point at which they come in contact with the roof of the building and at least two (2) feet higher than any ridge within ten (10) feet of such chimney or flue.
(MH/Ord. No. 30 Article III)

Section 520.030: Special Type Flues

A. For Domestic Gas-Fired Appliances: Domestic gas consuming devices may be vented to special flues when such special flues are of a type listed and approved by the Underwriter's Laboratories, Inc., or a similarly recognized testing laboratory and satisfactory to the Building Inspector; provided, however, that such special vents shall not be permitted for incinerators, for devices or appliances which may be readily converted to the use of solid or liquid fuel, nor on boilers on furnaces accept with specific approval of the Building Inspector.

B. For Domestic Appliances Fired with Coal, Oil, Wood or Gas: Heating appliances fired with coal, oil, wood or gas, may be vented to special flues in lieu of the above when such special flues are of a type listed and approved for such use by the Underwriter's Laboratories Inc., or a similar nationally recognized testing laboratory or installed in accordance with the conditions of the approval and the circumstances of such use are satisfactory to the Building Inspector.
(MH/Ord. No. 30 Article III)

Section 520.040: Fireplaces

A. The back and sides of fireplaces shall be of solid masonry or reinforced concrete, not less than eight inches (8") in thickness. A lining of fire brick at least two inches (2") thick or other approved material shall be used unless the overall thickness is twelve inches (12").

B. Fireplaces shall have hearths of brick, stone or other approved incombustible material supporting on a fireproof slab or brick trimmer arches. Such hearths shall extend at least twenty inches (20") outside of the chimney breast and not less than twelve inches (12") beyond each side of the fireplace opening along the chimney breast. The combined thickness of hearth and supporting arch shall be not less than six inches (6") at any point.

C. Wooden forms or centers used in the construction of that part of the supporting construction which is below the hearth of the fireplace shall be removed when the supporting construction of the hearth is completed and before plastering on the underside.
(MH/Ord. No. 30 Article III)

Section 520.050: Clearances from Chimneys, Flues and Fireplaces

All wooden and other combustible construction shall be kept at least two inches (2") from chimneys and flues and shall be kept at least four inches (4") from the back of a fireplace. Such spaces shall be fire stopped with non-combustible material.
(MH/Ord. No. 30 Article III)

Section 520.060: Floor Protection under Heating Appliances

A. Heating appliances shall not be mounted on floors of combustible construction unless they are either approved by the Building Inspector or Fire Chief as suitably designed for such mounting or are set on approved bases of insulating value sufficient to prevent overheating of the combustible construction.

B. Ranges, stoves, heating furnaces and similar heating appliances without legs or with legs less than four inches (4") high, if on floors of combustible construction, shall have such floors protected by masonry at least eight inches (8") in thickness, topped with boiler iron and arranged in a manner that will provide air circulation throughout the masonry.

C. Similar heating appliances with legs which provide not less than four inches (4") open space under the base of the appliance, if on floors of combustible construction, shall have such floors protected with incombustible material.

D. Protection shall be provided for at least that portion of the combustible floor which is under the heating appliance, and if the appliance uses solid fuel, suitable protection shall also be provided for a distance of not less than eighteen inches (18") at the front or side where ashes are removed.
(MH/Ord. No. 30 Article III)

Section 520.070: Clearances From Heating Appliances and Their Smoke pipes

A. Ranges, stoves, heating furnaces and all other heating appliances shall be installed to provide safe clearance to woodwork or other combustible material, whether plastered or not.

B. Ranges, stoves, heating furnaces, and similar heating appliances and smoke pipes from such devices shall have a clearance of at least eighteen inches (18") to walls, ceilings or partitions of combustible construction or to any other combustible material. Appliances of special types which have been tested and found safe for installation with lesser clearances may be installed with such clearances as the Building Inspector shall approve. Where a durable form of non-combustible heat insulating protection is applied to the appliance or to the combustible material, installation may be made with lesser clearances as the Building Inspector or Fire Chief may approve.
(MH/Ord. No. 30 Article III)

Section 520.080: Smoke pipes

A. Every smoke pipe shall connect with a chimney or other approved flue. No smoke pipe shall pass through any floor, ceiling, roof or wall of combustible construction except that metal smokestacks from industrial heating or process devices may be extended through roofs when metal ventilated jackets or collars conforming to recognized good practices and acceptable to the Building Inspector are provided.

B. Smoke pipes shall not pass through partitions of combustible construction unless they are guarded at the point of passage by metal ventilated jackets or collars not less than twelve inches (12") larger in diameter than the smoke pipe or by equivalent protection satisfactory to the Building Inspector.
(MH/Ord. No. 30 Article III)

Chapter 525: GAS APPLIANCES AND PIPING

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Section 525.010: Piping

Piping for any and all types of gas used for fuel or lighting purposes in buildings and structural shall be installed to conform with nationally recognized good practices.
(MH/Ord. No. 30 Article VI)

Section 525.020: Outside Valve Required

An outside valve shall be installed on every gas service pipe regardless of size that supplies large stores or factories, or places of public assembly such as churches, theatres, motion picture theatres, schools and hospitals and on every service pipe two and one-half inches (2 1/2") or larger in diameter.
(MH/Ord. No. 30 Article VI)

Section 525.030: Rigid Metal Gas Connections

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 is but one shut-off valve and provided further that such valve is located in the rigid pipe back of the point where the flexible tubing connects to the rigid pipe and in no case at the device.
(MH/Ord. No. 30 Article VI)

Section 525.040: Venting of Appliances

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 National Board of Fire Underwriters Pamphlet No. 54 shall be deemed compliance with nationally recognized good practices.
(MH/Ord. No. 30 Article VI)

Section 525.050: Air For Combustion

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. Where appliances are installed in a confined space within a building of unusually tight construction, air for combustion and ventilation shall be obtained from outdoors or from spaces freely communicating with the outdoors.
(MH/Ord. No. 30 Article VI)

Chapter 530: FLAMMABLE LIQUIDS

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Section 530.010: Application

This Chapter shall apply to all persons, farms, corporations, co partnerships, governmental agencies other than Federal, and voluntary associations storing, handling or using flammable liquids, and to the owner or lessee of any building, premises, or equipment in which flammable liquids are stored, handled, or used.
(MH/Ord. No. 30 Article VII)

Section 530.020: Scope

This Chapter shall apply to flammable liquids as hereinafter defined; except that it shall not apply to the transportation of liquids in bulk or to transportation when in conformity with Interstate Commerce Commission regulations or regulations lawfully on file with and approved by the Interstate Commerce Commission.
(MH/Ord. No. 30 Article VII)

Section 530.030: Retroactivity

This Chapter shall not be so construed or applied as to prevent the continued operation and use of any plant, storage tank, building, or structure in existence at the time of the adoption of this Chapter which does not comply with the requirements thereof with respect to location, tank capacity, clearances, spacing between units, or between units and line of adjoining property; but all exiting plants shall comply with all other requirements of this Title including those relating to foundations and supports for aboveground tanks, grounding and bonding, venting or breathing, emergency vents for relief, control valves, tank connections and openings, piping, control of sources of ignition, ventilation and first aid fire control appliances. Existing plants, storage tanks, buildings or structures may be replaced in kind but still not be enlarged.
(MH/Ord. No. 30 Article VII)

Section 530.040: Flammable Liquids Defined

The term "Flammable liquid" as used in this Chapter shall mean and include all liquids other than liquefied petroleum gases that have flash points below two hundred degrees (200º) F. as determined by Tagliabue closed cup test in accordance with methods adopted by the American Society for Testing Materials and approved by the American Standards Association.
(MH/Ord. No. 30 Article VII)

Section 530.050: Classification of Flammable Liquids

A. For the purpose of this Chapter, flammable liquids are divided into three (3) classes as follows:

CLASS I shall include those having points at or below twenty degrees (20º) F.
CLASS II shall include those having flash points above twenty degrees (20º) F. but at or below seventy degrees (70º) F.
CLASS III shall include those having flash points above seventy degrees (70º) F. and below two hundred degrees (200º).

B. Representative examples of flammable liquids by classes are:

Class I		Class II		Class III
Ether	Benzol	Ethyl Alcohol	Ethyl Acetate	Kerosene	Turpentine
Gasoline	Acetone	Methyl Alcohol	Methyl Acetate	Amyl Alcohol	Fuel Oil
Naphtha		Toluol

(MH/Ord. No. 30 Article VII)

Section 530.060: Permit Required

A. No person, firm or corporation shall use, store or handle any flammable liquid in quantities in excess of that given in the following table unless a permit has been obtained from the Building Inspector.

Dwellings or other place of human habitation	1 gallon	25 gallons
Inside of other buildings	6 gallons	25 gallons
Outside of any building	10 gallons	60 gallons

B. The provisions of this Section shall not be construed to require a permit for the storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, nor for the storage or use of paints, oils, varnishes, or similar flammable mixtures when such liquids are stored for maintenance, painting, or similar purposes for a period of not more than thirty (30) days.

C. No permit shall be issued for the use, storage or handling of flammable liquids unless such use, storage or handling complies with the provisions of this Title.
(MH/Ord. No. 30 Article VII)

Section 530.070: Restricted Locations for Storage and Handling

A. Except as otherwise provided for in Section 530.030 (retroactivity) of this Chapter the storage and handling of flammable liquids shall conform with the provisions of this Chapter.

B. Aboveground tanks for the storage of Class I and Class II flammable liquids shall be prohibited inside of the fire limits.

C. No aboveground tank for the storage of flammable liquids shall be located within one hundred (100) feet of a then existing school, theatre, church, hospital, athletic field or other places of public gathering.

D. No aboveground tank for the storage of Class I and Class II flammable liquids shall be located inside of a building, except as provided in Section 530.180 of this Chapter.

E. No facilities where flammable liquids are received by tank vessels, pipe lines, tank car or tank vehicle, or are stored or blended for the purpose of distributing such flammable liquids by tank vessels, pipe lines, tank car, or tank vessel, shall be located within the fire limits.
(MH/Ord. No. 30 Article VII)

Section 530.080: Location of Permitted Aboveground Tanks

A. The location of aboveground tanks for the storage of flammable liquids as permitted by this Chapter shall not be less in separation by distance from the line of adjoining property which may be built upon nor from the nearest existing habitational, mercantile or industrial building than that set forth in the following table:

Capacity of Tanks (Gals)	Class of Flammable Liquid	Minimum Separation By Distance in Feet
0 to 275	III	0
276 to 750	III	5
0 to 750	I and II	10
751 to 12,000	III	10
751 to 12,000	I and II	15
12,001 to 24,000	I, II and III	15
24,001 to 30,000	I, II and III	20
30,001 to 50,000	I, II and III	25

B. Tanks in excess of fifty thousand (50,000) gallons individual capacity and all tanks for the storage of crude petroleum shall be located in accordance with suggested code for the storage, handling and use of flammable liquids published by the National Fire Protection Association (No. 30) or similarly nationally recognized good practices satisfactory to the Building Inspector or Fire Chief.

C. The location of a tank for the storage of any flammable liquid with respect to any other such tank shall be such that the distance between them shall be not less than three (3) feet. For tanks above fifty thousand (50,000) gallons individual capacity storing any flammable liquid the distance between tanks shall not be less than one-half (1/2) the diameter of the smaller tank.

D. Aboveground tanks for Class III flammable liquids inside of buildings shall conform with the following. Such liquids may be stored inside of buildings providing the individual capacity of the tank does not exceed two hundred seventy-five (275) gallons and the aggregate total capacity of such tanks does not exceed five hundred fifty (550) gallons, and provided further, that the tanks are located in the lowest story, cellar or basement of the building. In industrial plants or processing plants, where necessary to operations, such tanks may be located at a higher level.

E. Individual tanks for Class III flammable liquids having a capacity in excess of two hundred and seventy-five (275) gallons may be located inside of a building not higher than the lowest story, cellar or basement providing such tanks are located inside of an enclosure conforming with not less than the following: Walls six inch (6") reinforced concrete or eight inch (8") brick bonded to the floor; floor, concrete; top, reinforced concrete at least five inches (5") thick. Floor construction equivalent in fire resistance located above the enclosure may be accepted provided the walls of the enclosure are carried up to and are bonded to such a floor. Any openings to enclosures for aboveground tanks inside of buildings shall be protected with approved fire doors suitable for protection of openings in fire wall; such door normally to be kept in a closed position. A sill of material equivalent to wall of enclosure and at least six inches (6") high shall be provided at each such opening. Provision shall be made for the adequate ventilation of such enclosures prior to entering for inspection and repairs on tanks.

F. Aboveground tanks located inside of buildings for the storage of Class III flammable liquids shall have individual capacities and nominal gross capacities limited to the following: In buildings of ordinary construction, the nominal gross capacity of tanks shall not exceed five thousand (5,000) gallons. In fire resistive buildings the nominal gross capacity shall not exceed fifteen thousand (15,000) gallons. In any building, if in a fire resistive or detached room cut off vertically and horizontally in an approved manner satisfactory to the Building Inspector or Fire Chief the nominal gross capacity shall not exceed fifty thousand (50,000) gallons, with an individual tank capacity of not to exceed twenty-five thousand (25,000) gallons.
(MH/Ord. No. 30 Article VII)

Section 530.090: Location of Buried Tanks Outside of Or Under Buildings

A. A flammable liquid storage tank may be located underground, outside of or under a building, if such installation meets the requirements of this Section. The tank shall be so located with respect to existing building foundations and supports that the loads carried by the latter cannot be transmitted to the tank. The distance from any part of a tank storing Class III liquids to the nearest wall of any basement, pit cellar or property line shall not be less than one (1) foot. The distance from any part of a tank storing Class I or II liquids to the nearest wall of any basement, pit or cellar shall not be less than one (1) foot, and from any property line that may be built upon, no less than three (3) feet.

B. Excavation for underground storage tanks shall be made with due care to avoid undermining of foundations of existing structures. Underground tanks shall be set on firm foundation and surrounded with soft earth or sand well tamped in place. Tanks shall be covered with a minimum of two (2) feet of earth, or shall be covered with not less than one (1) foot of earth on top of which shall be placed a slab of reinforced concrete not less than four inches (4") thick. When underground tanks are or are likely to be subjected to traffic, they shall be protected against damage from vehicles passing over them by at least three (3) feet of earth cover, of eighteen inches (18") of well-tamped earth, plus six inches (6") of reinforced concrete or eight inches (8") of asphaltic concrete. When asphaltic or reinforced concrete paving is used as part of the protection it shall extend at least one (1) foot horizontally beyond the outline of the tank in all directions.

C. Where a tank is located in an area that may be subject to flooding applicable precautions in accordance with suggested code for the storage, handling and use of flammable liquids published by the National Fire Protection Association (No.30) or similarly nationally recognized good practices, satisfactory to the Building Inspector or Fire Chief shall be taken.

D. Buried tanks of capacities in excess of fifteen thousand (15,000) gallons will require a special permit to be issued only after a review of conditions surrounding such proposed installation by the Building Inspector or Fire Chief.

E. Buried tanks and tanks located inside of buildings shall be subjected to a test for tightness which shall include the tank and piping system, before being covered or placed in use.
(MH/Ord. No. 30 Article VII)

Section 530.100: Design and Construction of Tanks

Tanks for the storage of flammable liquids shall be designed and constructed in accordance with suggested code for the storage; handling and use of flammable liquids published by the National Fire Protection Association (No.30) or similarly nationally recognized good practices, satisfactory to the Building Inspector or Fire Chief.
(MH/Ord. No. 30 Article VII)

Section 530.110: Installation of Tanks

Aboveground tanks shall rest directly on the ground or on foundations or supports of concrete, masonry, piling, or steel. Exposed piling or steel supports shall be protected by fire-resistive materials to provide a fire-resistance rating of not less than two (2) hours. Tanks located inside of buildings shall be securely supported to prevent settling, sliding hours. Tanks located inside of buildings shall be securely supported to prevent settling, sliding or shifting, and shall be so installed that the bottom pitches to a draw-offer drain opening at a slope of not less than one quarter inch (1/4") per foot of length.
(MH/Ord. No. 30 Article VII)

Section 530.120: Dikes

A. Storage tanks for flammable liquids shall not be located where, because of topography or nearness of streams, flammable liquids could drain or be carried to sites having structures of high values, places of habitation or public assembly unless such tanks are dike in a manner to prevent such drainage. Compliance with the provisions for dikes contained in the suggested code for the storage, handling and use of flammable liquids (No. 30) published by the National Fire Protection Association or other nationally recognized standard shall be deemed as complying with this requirement.

B. Where provision is made for draining rain water from disked areas, such drains shall normally be kept closed and shall be so designed that when in use, they will not permit flammable liquids to enter natural water courses, public sewers, or public drains, if their presence would constitute a hazard.
(MH/Ord. No. 30 Article VII)

Section 530.130: Pertinent Equipment for Tanks

A. Each tank for the storage of flammable liquids shall be provided with an unobstructed vent, not less than one and one-quarter inch (1 1/4") nominal inside diameter, which shall terminate outside of any building at a point above the filling pipe.

B. Vents for aboveground tanks outside of buildings storing Class I and Class II liquids shall be provided with either a pressure and vacuum relief device or an approved flame arrester. In addition each such tank shall have a form of construction or a device that will relieve internal pressure caused by exposure fires.

C. Vents for buried tanks storing Class I and Class II liquids shall have vent discharge openings not less than twelve (12) feet above adjacent level ground and if the vent pipe is less than ten (10) feet in length or greater than two inches (2") nominal inside diameter, shall be provided with a pressure and vacuum relief device or an approved flame arrester.

D. Vents for tanks storing Class III liquids, including tanks inside of buildings, shall have vents terminating above normal snow level, fitted to a return bend, coarse screen or other device to minimize ingress of foreign material.

E. Vent discharge openings shall be so located that flammable vapors will not enter building openings or be trapped under eaves or other obstructions and for Class I and Class II liquids shall discharge upward or horizontally.

F. Fill opening for tanks storing flammable liquids shall be not less than five (5) feet from any building door or cellar or basement opening. Fill and discharge openings for buried tanks shall enter through the top of the tank.

G. Gauge openings or test wells shall not be located or installed inside of buildings. Gauging devices such as liquid level Indicators or signals shall be so installed so that oil or vapor will not be discharged into any building. Glass gauges, the breaking of which would allow the escape of liquid or vapor into a building shall not be used.

H. Vents, relief devices, emergency reliefs, flame arresters, gauging devices and devices for the withdrawal of flammable liquids from storage tanks shall be in accordance with suggested code published by the National Fire Protection Association (30) or similarly nationally recognized good practices satisfactory to the Building Inspector or Fire Chief.
(MH/Ord. No. 30 Article VII)

Section 530.140: Piping, Valves, and Fittings

A. Piping, valves, and fittings for use in connection with the storage and handling of flammable liquids shall be designed for the-working pressures and structural stresses for which they may be subjected.

B. Piping systems shall be substantially supported and protected against physical damage and excessive stresses arising from settlement, vibration, expansion or contraction. Pipe systems shall contain a sufficient number of valves to operate the system properly and to protect the plant. Pipe systems in connection with pumps shall contain a sufficient number of valves to properly control the flow of liquid in normal operation and also in the event of physical damage. Check valves shall be provided for automatic protection against back- flow from aboveground tanks where such tanks are filled by centrifugal pumps.

C. Each connection to an aboveground tank storing flammable liquids, located below normal liquid level, shall be provided with an internal or external control valve located as close as practicable to the shell of the tank and in addition there shall be an extra valve in each such connection installed on the inside of the tank which is operable both manually and by an effective heat-releasing devices which will close to prevent the flow of liquid from the tank in case of fire, except that such valves shall not be rebuked on a bulk- plant tank equipped with a swing line, and on tanks where transfer of products between tanks, in the event of fire, is practicable.

D. Heating and other devices using oil burners shall be installed, maintained and operated in accordance with nationally recognized safe practices. Storage tanks, burners and accessories such as piping, vents, filling connections and control devices complying with the National Fire Protection Association Standard for the "Installation of Oil Burning Equipments" or a similarly nationally recognized standard shall be deemed to comply with this Section.

E. Fill and discharge openings for buried tanks storing flammable liquids where practicable, shall enter tanks only through the top and connections shall be graded toward the tank.

F. Storage tanks for Class III flammable liquids located inside of a building shall be provided with draw-off or drain connection to provide sump from which water or sediment can be drained readily.
(MH/Ord. No. 30 Article VIII)

Section 530.150: Withdrawal of Flammable Liquids From Tanks Located Inside of Buildings and Buried Tanks

A. The withdrawal of flammable liquids from storage tanks located inside of buildings and from buried tanks shall, except as noted herein, be by an approved pump through continuous piping so as to avoid the exposure of the liquid or its vapors. Gravity feed of a flammable liquid inside of a building shall be limited to fuel oil from supply tanks not to exceed two hundred and seventy-five (275) gallons individual capacity building nor five hundred and fifty (550) aggregate capacity. Flammable liquids shall not be withdrawn from a tank which operates through pressure within a storage tank, unless the tank has been approved as a pressure vessel for the use to which it is subjected. In no case shall air or gas pressure be used for the withdrawal of a flammable liquid from a storage tank. Tanks operating at above atmospheric pressure shall be designed and constructed in accordance with the Unfired Pressure Vessel Code of the American Society of Mechanical Engineers or a similarly national recognized code satisfactory to the Building Inspector or Fire Chief.

B. Pumps shall be the type tested and listed by the Underwriter's Laboratory, Inc. or a similarly nationally recognized testing laboratory satisfactory to the Building Inspector or Fire Chief.
(MH/Ord. No. 30 Article VII)

Section 530.160: Discharge Devices for Flammable Liquids

A. Discharge devices for the use or dispensing of flammable liquids shall be of the type tested and listed by the Underwriter's Laboratories, Inc. or a similarly nationally recognized testing laboratory satisfactory to Building Inspector or Fire Chief.

B. The installation and use of coin-operated dispensing devices for dispensing Class I flammable liquids is prohibited.
(MH/Ord. No. 30 Article VII)

Section 530.170: Storage of Portable Containers Outside of Buildings

A. The storage of portable containers for flammable liquids adjacent to schools, churches, hospitals, theatres, and places of public assembly shall be prohibited. The storage, handling and use of portable containers for flammable liquids outside of other buildings shall be as follows: Containers shall be separated by a clear space at least ten (10) feet in width from a street, alley, roadway or line of adjacent property which may be built upon. Special attention shall be given to routes of egress for building occupants, window and door openings and combustible walls, platforms, cornices, roofs and combustible exterior walls.

B. Containers piled one upon the other shall be separated by dunnage sufficient to provide stability and to prevent excessive stress on container walls. The height of piles shall be limited to not over four (4) drums. Drums and barrels stored on their sides shall have their heads facing aisles so that leakage of bungs may be detected. Containers storing flammable liquids shall have the caps, plugs or bungs replaced immediately after use and when the container is empty.

C. The total aggregate capacity of flammable liquid in portable containers stored outside of buildings inside of the fire limits shall be five hundred and fifty (550) gallons.

D. Where conditions warrant, such as in industrial plants, the limitation as to gross aggregate capacity of flammable liquids in portable containers may be increased.
(MH/Ord. No. 30 Article VII)

Section 530.180: Storage of Portable Containers Inside of Buildings

A. The storage and handling of flammable liquids in portable containers inside of buildings may be permitted in service stations, paint stores, hardware stores, materials supply houses and occupancies of similar nature under the following conditions: No Class I flammable liquid shall be stored or handled except packaged items received and resold in unbroken metallic containers of not over one (1) gallon capacity each, or in non-metallic containers of not over one (1) quart capacity each; no Class II flammable liquids shall be stored or handled except in unbroken metallic containers of not over five (5) gallons capacity each; no Class III flammable liquids may be stored or handled except in approved containers of not more than one hundred and twenty (120) gallons capacity each.

B. Except in drug stores, no Class I or Class II flammable liquids shall be dispensed or transferred for sale from one container to another in any mercantile building, except that anti-freeze may be dispensed in a building where there is no open flame heating device lower than eight (8) feet above floor level. Class III flammable liquids may be dispensed inside of mercantile buildings from portable containers of not more than one hundred and twenty (120) gallons capacity each.
(MH/Ord. No. 30 Article VII)

Section 530.190: Excess Commercial and Industrial Storage and Use

In commercial and industrial establishments where essential operations require the use of larger quantities of flammable liquids than are otherwise permitted by this Chapter, application outlining the quantity required and the necessity therefore shall be filed with the Building Inspector who may issue special permit therefore providing the conditions of such use and safeguards therefore are in conformity with requirements contained in the 1957 Suggested Code of the National Fire Protection Association for the Storage, Handling and Use of Flammable Liquids, or other nationally recognized standards.
(MH/Ord. No. 30 Article VII)

Section 530.200: Electrical Equipment

All wiring and electrical equipment for handling Class I or Class II flammable liquids shall be designed and installed so as to not create an ignition hazard. Electrical equipment designed and installed in accordance with the Standard known as the National Electrical Code as published by the National Fire Protection Association shall be deemed to be in compliance with this Section.
(MH/Ord. No. 30 Article VII)

Section 530.210: Sources of Ignition

Class I and Class II flammable liquids shall not be handled, drawn or dispensed where flammable vapors may reach a source of ignition. Smoking where flammable liquids are handled, drawn or dispensed shall be prohibited and at such locations "No Smoking" signs shall be conspicuously posted.
(MH/Ord. No. 30 Article VII)

Section 530.220: Fire Control Appliances

Suitable fire control devices and equipment shall be available at locations where flammable liquids are stored, handled, dispensed or used in quantities requiring a permit under this Chapter and such device and equipment shall be of a type and design satisfactory to the Building Inspector. Installation conforming with nationally recognized standards, such as the National Board of Fire Underwriter's Pamphlet No. 10 giving standards for installation of first aid appliance shall be deemed to be in compliance with this Section.
(MH/Ord. No. 30 Article VII)

Chapter 535: LIQUEFIED PETROLEUM GASES

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Section 535.010: Definition

The term liquefied petroleum gases as used in this Chapter shall mean and include any material which is composed predominantly of any of the following hydro-carbons, or mixtures of them; propane, propylene, butanes (normal butane and iso-butane), and butylenes.
(MH/Ord. No. 30 Article IX)

Section 535.020: Permit Required

A. No system for the utilization of liquefied petroleum gases or facilities for the charging of containers or the storage and handling of liquefied petroleum gases shall be installed unless a written permit has been first obtained from the Building Inspector.

B. No permit shall be required for the utilization of liquefied petroleum gases from cylinders constructed in accordance with Interstate Commerce Commission specifications but the installer shall in all eases file a written notification with the Building Inspector.
(MH/Ord. No. 30 Article IX)

Section 535.030: Odorization

All liquefied petroleum gases shall be effectively odorized by an agent of such character so to indicate positively, by a distinct odor, the presence of gas down to concentrations in air of not over one-fifth (1/5) of the lower limit of combustibility.
(MH/Ord. No. 30 Article IX)

Section 535.040: Handling and Bulk Storage

No facilities for transferring liquefied petroleum gases from tank cars to storage tanks or to tank trucks or facilities for transferring liquefied petroleum gases from storage tanks to tank trucks or to cylinders or other containers shall be located within the fire limits, nor in closely built up sections, nor within fifty (50) feet of the line of other property which may be built upon, nor shall other property be built upon or located within fifty (50) feet of such facilities.
(MH/Ord. No. 30 Article IX)

Section 535.050: Installation and Operation

The design, construction, location, installation and operation of equipment for the storing, handling, transportation and utilization of liquefied petroleum gases shall be in conformity with the standard requirements as set forth in, or otherwise adopted by, or pursuant to the Laws of Missouri relating to liquefied petroleum gases and such standards or laws are hereby declared to be the minimum requirements under this Chapter. The Building Inspector or Fire Chief is hereby authorized to determine whether or not these requirements have been satisfactorily complied with, and to enforce the same in like manner as other provisions of this Chapter.
(MH/Ord. No. 30 Article IX)

Section 535.060: Retroactivity

The Building Inspector shall issue permits for the continued use of equipment for the storing, handling, transportation and utilization of liquefied petroleum gases which is not in strict conformity with the terms of this Chapter in all cases in which such continued use will not constitute a distinct hazard to life or adjoining property. In all cases where such permit is denied the Building Inspector shall notify the applicant and specify the reason for denial in writing.
(MH/Ord. No. 30 Article IX)

Chapter 540: EXPLOSIVES

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Section 540.010: Application and Permit

This Chapter applies to all explosives except small arms ammunition and pyrotechnic devices. The manufacturing of explosives is prohibited. A permit shall be obtained to have, keep, use, store or transport any explosives and such permit shall be issued only in compliance with the terms of this Chapter.
(MH/Ord. No. 30 Article XI)

Section 540.020: Transportation

A. Explosives shall be transported on vehicles only if such vehicles are conspicuously marked "DANGER--EXPLOSIVES!" and shall never be transported in or on any conveyance carrying passengers for hire.

B. It shall be unlawful for any person to place or carry or cause to be carried in the bed or body of a vehicle containing explosives, any metal tool or other piece of metal or any matches or any exploders, detonators, blasting caps, or other similar explosive material.
(MH/Ord. No. 30 Article XI)

Section 540.030: Storage

Magazines containing explosives shall be located at distances from neighboring buildings, highways and railroads in conformity with the American Quantity and Distance Table; provided that one (1) portable magazine kept secretly locked and conspicuously marked "MAGAZINE EXPLOSIVES!" containing not more than fifty (50) pounds of explosives may be allowed in a building not occupied as a dwelling or place of public assembly if placed on wheels and located not more than ten (10) feet from, on the same floor with, and directly opposite to the entrance on the floor nearest the street level, and one (1) similar portable magazine containing not more than five thousand (5,000) blasting caps may be allowed if placed on wheels and located on the floor nearest the street level. Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives.
(MH/Ord. No. 30 Article XI)

Chapter 545: PERIODIC INSPECTIONS AND MISCELLANEOUS PROVISIONS FOR FIRE PREVENTION

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Section 545.010: Bonfires

Burning of trash, lumber, leaves or other combustible material where deemed a hazard by the Chief of the Fire Department is prohibited except under such safeguards as he may specify.
(MH/Ord. No. 30 Article XII)

Section 545.020: Hot Ashes and Other Dangerous Materials

Ashes, smoldering coals or embers, greasy or oily substances liable to spontaneous ignition shall not be deposited or allowed to remain within ten (10) feet of any combustible material except in metal or other non- combustible receptacles.
(MH/Ord. No. 30 Article XII)

Section 545.030: Accumulations of Combustible Materials

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. All such materials in stores, apartment buildings, factories or similar places shall be compactly baled and stacked, removed from the premises or stored in suitable vaults or receptacles to the satisfaction of the Chief of the Fire Department.
(MH/Ord. No. 30 Article XII)

Section 545.040: Flammable Decorations

Cotton batting, straw, dry vines, leaves, trees, celluloid or other highly flammable materials shall not be used for decorative purposes in stores or show windows except where deemed satisfactory by the Chief of the Fire Department. Paper and other readily flammable materials shall not be used for decorative purposes in any place of public assembly unless such materials have been flame proofed to the satisfaction of the Chief of the Fire Department.
(MH/Ord. No. 30 Article XII)

Section 545.050: Supplementary Requirements

All matters not covered by this Title shall conform with generally accepted good practice. The Building Code as recommended by the National Board of Fire Underwriters and various standards published by the National Board of Fire Underwriters and 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 National Board of Fire Underwriters and by Underwriters' Laboratories, Inc. shall be deemed acceptable to establish fire resistance ratings required by this Title.
(MH/Ord. No. 30 Article XII)

Chapter 550: GARAGES

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Section 550.010: Definitions

For the purpose of this Section the term garage shall include any building or part thereof in which more than three (3) automobiles, trucks, tractors or similar self propelled vehicles are stored, serviced or repaired. Detached structures auxiliary to dwelling or apartment buildings are specifically exempted from the provisions of this Section.
(MH/Ord. No. 30 Article V)

Section 550.020: Permit Required

No person shall use any building or part thereof as a garage without a permit.
(MH/Ord. No. 30 Article V)

Section 550.030: Special Requirements

No garage as defined in this Section shall hereafter be located in any frame building exceeding one story in height or exceeding one thousand two hundred (1,200) square feet in area. No such garages shall be located in building containing other occupancy unless separated there from by wall, partition, floor or ceiling assemblies or non- combustible materials having a fire resistance rating of not less than two (2) hours, with all connecting openings protected with approved self-closing fire doors. No such garage shall be located in any building not having concrete or similar non-combustible floors. Floors which drain to sewers or storm drains shall be provided with an oil separator or trap.
(MH/Ord. No. 30 Article V)

Section 550.040: Handling of Gasoline

The fuel tanks of motor vehicles shall be filled directly through hose from pumps drawing from underground tanks installed as required in Chapter 550 or from approved portable tanks. There shall be no facilities for gasoline handling or filling in any basement or sub-basement garage. No gasoline or other flammable liquid shall be allowed to run upon the floor or to pass into the drainage system of the premises.
(MH/Ord. No. 30 Article V)

Section 550.050: Repairs

No repairs of any kind shall be made in any basement or sub-basement garage.
(MH/Ord. No. 30 Article V)

Chapter 555: APPEALS AND PENALTIES

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Section 555.010: Appeals

A. An owner, lessee, agent, operator, or occupant aggrieved by any order issued pursuant to this Title, 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. The Board of Aldermen shall at such hearing, affirm, modify, revoke, or vacate such order. Unless revoked or vacated, such order shall then be complied with.

C. Nothing herein contained shall be deemed to deny the right of any person, firm, corporation, co-partnership, or voluntary association 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.
(MH/Ord. No. 30 Article XIII)

Section 555.020: Penalties

Any person who shall fail to comply with the provisions of this Title or with an order of the Building Inspector or Fire Chief issued pursuant thereto and from which no appeal has been taken, or with which such an order as affirmed or modified by the Board of Aldermen or by a Court of competent jurisdiction, within the time fixed therein, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). The imposition of one penalty for the violation of such order shall not excuse the violation or permit it to continue.
(MH/Ord. No. 30 Article XIII)

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Title VI. Business and Occupation

Chapter 600: ALCOHOLIC BEVERAGES

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Section 600.010: Definitions

For the purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

INTOXICATING LIQUOR: Alcohol for beverage purposes, alcoholic, spirituous, vinous fermented, malt or other liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess of three and two tenths percent (3.2%) of alcohol by weight.

MALT LIQUOR: Any beverage manufactured from pure hops or pure barley malt or wholesome grains or cereals and whole-some yeast and pure water, containing alcohol in excess of three and two tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight.

NON-INTOXICATING BEER: Any beer manufactured from pure hops or pure extracts of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half (1/2) of one percent (1 %) of volume, and not exceeding three and two tenths percent (3.2%) by weight.
(Ord. No. 80-10 §1; CC §50.010)

Section 600.020: Possession of Illegal or Untaxed Liquors

No person shall possess intoxicating liquor in any quantity for any purpose within the City which has not been lawfully manufactured.
(Ord. No. 80-10 §1; CC §50.020)

Section 600.030: Sale to Drunkards, Minors

A. No person or his employee shall sell or supply intoxicating liquor or non-intoxicating beer or permit the same to be sold or supplied to an habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.

B. Intoxicating liquor or non-intoxicating beer shall not be given, sold, or otherwise supplied to any person under the age of twenty-one (21) years, but this shall not apply to supplying of intoxicating liquor or non- intoxicating beer to a person under such age for medicinal purposes only, or by the parent or guardian of such person, or to administering of such intoxicating liquor or non-intoxicating beer to such person by a physician.

C. Any person under the age of twenty-one (21) years, who purchases or attempts to purchase or has in his possession, any intoxicating liquor is guilty of a misdemeanor.

D. Any person under the age of twenty-one (21) years, who purchases or attempts to purchase any non- intoxicating beer is guilty of a misdemeanor.

E. The possession, actual or constructive, of any intoxicating liquor, beer, and wine or non-intoxicating beer commonly called "3.2 beers," by any person under the age of twenty-one (21) years is hereby prohibited.
(Ord. No. 80-10 §1; CC §50.030)

Section 600.040: Hours of Sale

A. Intoxicating Liquors: No person having a license under this Chapter, nor any employee of such person, shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his licensed premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays, or upon any day of any election for which the sale is prohibited by State law.

B. Non-intoxicating Beer: No person having a license under the provisions of this Chapter shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his premises, any non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M.

C. Sunday Sales: No intoxicating or non-intoxicating liquors may be sold on any Sunday in the City of Marble Hill, Missouri, until after 12:00 P.M. No intoxicating or non-intoxicating liquor may be sold after 11:00 P.M. on any Sunday in the City of Marble Hill, Missouri. When December 31, falls on Sunday, any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his license on that day after 1:00 P.M. and until the time of 1:00 A.M of the following day.
(Ord. No. 80-10 §1; CC §50.040; Ord. No. 89-22 §2; Ord. No. 89-34 §1)

Section 600.050: Restrictions as To Place of Sale--Intoxicating Liquor

No person, agent or employee of any person in any capacity, shall sell intoxicating liquor in any other place than that designated in the license; nor at any other time or otherwise than is authorized in this Chapter and the regulations herein provided for.
(Ord. No. 80-10 §1; CC §50.050)

Section 600.060: Same — Beer by the Drink

No license shall be issued for the sale of malt liquor or non-intoxicating beer at retail by the drink, for consumption on the premises in the City, except where the place of such business, according to the application for such license, is to be located within the business district of this City.
(Ord. No. 80-10 §1; CC §50.060)

Section 600.070: Same — Malt Liquor by the Drink

Malt liquor containing alcohol in excess of three and two tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight may be sold by the drink at retail for consumption on the premises where sold, when the persons partnership or corporation desiring to sell such malt liquor by the drink at retail for consumption upon the premises where sold, shall have been licensed to do so by the City, and under the provisions of this Chapter.
(Ord. No. 80-10 §1; CC §50.070)

Section 600.080: Original Package Sales-Generally

Intoxicating liquor shall be sold at retail in the original package, only upon a license granted by the Board of Aldermen, and such intoxicating liquor so sold shall not be consumed upon the premises where sold, nor the original package opened on such premises of the vendor, except as otherwise may be provided in this Chapter.
(Ord. No. 80-10 §1; CC §50.080)

Section 600.090: Same — Location

No licenses shall be issued under this Chapter, where the place of such business sought to be licensed, according to the application for such license, is located outside the business district of the City as defined in this Code.
(Ord. No. 80-10 §1; CC §50.090)

Section 600.100: Exceptions to Chapter; Druggists and Physicians

Any druggist may have in his possession intoxicating liquor purchased by him from a licensed vendor under a license pursuant to this Chapter, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State and lawfully inspected and labeled as provided for in the Liquor Control Act of the State; such intoxicating liquor to be used in the business of a druggist in compounded medicines or as a solvent or preservative. Nothing in this Chapter shall prevent a regularly licensed druggist, after he procures a license therefor in compliance with this Chapter, from selling intoxicating liquor in the original package, but not to be consumed or the packages opened on the premises where sold. Nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his professional judgment for any patient at any time or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as above provided.
(Ord. No. 80-10 §1; CC §50.100)

Section 600.110: Violation; Revocation of License

Any person violating any of the provisions of this Chapter shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished as provided in Section 100.050 of this Code.

1. Provided, that upon final conviction of any person for a violation of any of the provisions of this Chapter, such conviction shall automatically operate to revoke the license hereunder issued to such person.

2. Provided further, that the term “conviction” as used herein shall mean conviction upon final determination of any prosecution of any violation of this Chapter.

3. Provided further, that no person having been convicted of a violation of any of the provisions of this Chapter shall be issued a license or a renewal thereof for a period of one (1) year, from the date of such conviction.
(Ord. No. 80-10 §1; CC §50.110)

Section 600.120: Police Judge to Report Conviction

Upon conviction of any person under the provisions of this Chapter, it shall be the duty of the Municipal Judge to certify such conviction to the Board of Aldermen.
(Ord. No. 80-10 §1; CC §50.120)

Section 600.130: License Required

It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale, either at wholesale or retail, in the City, intoxicating liquor, malt liquor or non-intoxicating beer as herein deemed, in any quantity, without first having obtained a license from the City therefore, except as otherwise provided herein.
(Ord. No. 80-10 §1; CC §50.130)

Section 600.140: Qualifications of Applicant

No person shall be granted a license under this Chapter, unless such person is of good moral character and meets the requirements as specified by state law.
(Ord. No. 80-10 §1; CC §50.140)

Section 600.150: Eligibility for Original Package Sales License

No license shall be issued for the sale of intoxicating liquor in the original package except to a person engaged in, and for use thereby in connection with, the operation of one or more of the following businesses: A drug store, cigar and tobacco store, grocery store, general merchandise store, confectionery or delicatessen store, nor shall such license be issued to any such person who does not have and keep in his store a stock of goods having a value, according to invoices at the time of making the application for license, of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors.
(Ord. No. 80-10 §1; CC §50. 150)

Section 600.160: Applications; Procedure of Board

All applications for licenses under the provisions of this Chapter, shall be made in writing to the Board of Aldermen. All applications, except for sale of malt liquors not in excess of five percent (5%) of alcohol by weight, shall be accompanied by an inventory and appraised valuation of stock of goods at the place of business proposed in such application, other than intoxicating liquor, which inventory and appraisal shall be under oath; such inventory and appraised valuation shall be the value according to invoice at the time of making the application for such license. No license shall be granted at the same meeting of the Board of Aldermen at which the application is presented, except by unanimous vote of the Board. Provided, however, that such application may be passed on by the Board Aldermen at the first meeting of the Board at which the application is presented, if such applicant has first served notice, in writing, of his intention to present such application (including a copy of the application) upon each member of the Board of Aldermen, at least five (5) days before the meeting of the Board of Aldermen at which such application is to be presented.
(Ord. No. 80-10 §1; CC §50.160)

Section 600.170: License Fees

1. Retail liquor by the drink – resort $450.00
2. Retail liquor by the drink - exempt organizations $450.00
3. Five percent (5%) beer by the drink Non-Sunday Sales $52.50
4. Five percent (5%) beer by the drink - Wine Non-Sunday Sales $52.50
5. Three point two percent (3.2%) Non-intoxicating beer by the drink $37.50
6. Restaurant bar – resort $300.00
7. Sunday - bar- exempt organizations $300.00
8. Five percent (5%) beer by the drink - Sunday exempt organizations $300.00
9. Five percent (5%) beer by the drink - Sunday sales-non exempt org. $77.50
10. Five percent (5%) beer by the drink-wine-Sunday sales- non exempt $77.50
11. Original package liquor $75.00
12. Original package- five percent (5%) beer $22.50
13. Original package- three point two percent (3.2%) beer $22.50
14. For all other licenses not specifically enumerated in this section the fee shall be One Hundred Fifty percent (150%) of that fee which is set by and charged for all State licenses in effect as of April 7, 1989.

A. Nothing in this Section shall be construed to allow for any retail sale of liquor by the drink except for those persons or organizations specifically qualifying under the resort or the exempt organization qualifications.

B. All definitions of any of the licenses that are referred to in this Section shall be those definitions as are set forth in Chapter 311 of the Revised Statutes of the State of Missouri.
(Ord. No. 89-13 §§1-3; Ord. No. 89-22 §1; Amended by Ord. 07-03, March 8, 2007)

Section 600.180: Granting; Conditions to Be Met

On approval of the application by the Board of Aldermen and payment of the license tax herein provided, the City Clerk shall grant the applicant a license to conduct business in the City for one (1) year from date of issuance of such license or for a fraction thereof as provided in Section 600.200. A separate license shall be required for each place of business.

Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold there under, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
Provided that the City Clerk shall not deliver to any person a license under the provisions of this Chapter, until such person shall produce the receipt of the City showing that the taxes levied on such license have been paid.

(Ord. No. 80-10 §1; CC §50.180)

Section 600.190: Licenses Nontransferable

No license issued under this Chapter shall be transferable or assignable.
(Ord. No. 80-10 §1; CC §50.190)

Section 600.200: Duration, Proration and Refund of Fees

A. All licenses issued under the provisions of this Chapter shall expire on the thirtieth (30th) day of June following the issuance thereof. No license fee shall be returned to the holder upon sale, transfer or dissolution of the business for which the license was issued.

B. For the calendar year 1989, in order to coordinate all liquor licenses as they presently exist in the City of Marble Hill to come due on the date described in Subsection A hereof, all liquor licenses shall be prorated in such a manner that any license that comes due prior to June 30, 1989, shall be prorated to such an amount as to make them due on June 30, 1989. Thereafter, upon prorated application and approval of the Board of Aldermen of the City of Marble Hill, a new license for one (1) year shall be issued. For all licenses coming due after June 30, 1989, applications shall be made with the Board of Aldermen prior to June 30. 1989, and licenses shall be prorated in such an amount that they shall come due on June 30, 1990.
(Ord. No. 89-4 §§1 -2)

Section 600.210: Revocation and Suspension Generally

The Board of Aldermen may, on hearing, revoke or suspend any license issued under the provisions of this Chapter, for good cause shown, having first given such licensee not less than ten (10) days notice in writing of the application to revoke or suspend his license, prior to the order of revocation issuing.

Such notice shall contain the grounds for such revocation or suspension set out therein, and shall command the licensee to be present at a regular or special meeting of the Board of Aldermen (at the date, time, and location set forth in the notice) and show cause, if any, why such license should not be suspended or revoked.
The licensee shall have full right to be represented by counsel at such hearing, and may produce witnesses and evidence in his behalf at such hearing.
Service of the notice of revocation or suspension hearing shall be by the Chief of Police or his subordinate, and may be served upon the licensee by leaving a copy thereof with the licensee or any person or employee in charge of the place of business of such licensee.

(Ord. No. 80-10 §1; CC §50.210)

Section 600.220: Revocation to Forfeit License Fee

In case of revocation or forfeiture of any license granted and issued under the provisions of this Chapter for cause or otherwise, the City shall in no event return any part of the fee paid for such license.
(Ord. No. 80-10 §1; CC §50.220)

Chapter 605: LICENSES AND OCCUPATION TAXES

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Section 605.010: Reserved

A. There is hereby levied a license tax on each and all of the following businesses and occupations that are now or may be hereafter conducted or engaged within the City of Marble Hill, Missouri, in the amounts set out as follows:

B. On any person, firm or corporation who shall carry on the business of selling, operating, buying or servicing shall pay an annual license tax listed below:

Peddle wares and any type of merchandise that
was not actually grown or produced by the seller 50.00
Pool hall 10.00

(Ord. No. 80-10 §1; CC §54.010)

Section 605.020: Amount of Tax

No person, or persons, firms or corporations shall engage in any of the businesses or occupations named and mentioned in this Chapter without first applying for and obtaining and having in his, their or its possession and publicly displayed in his, their or its place of business, if any, the license or licenses required and provided for in this Chapter, which said license and licenses shall have been fully paid for and in effect for the time or period during which the business or occupation is being carried on and engaged in.
(Ord. No. 80-10 §1; CC §54.030)

Section 605.030: Operation without License Prohibited

Every license shall state the location at which the business or occupation is to be established or engaged in, and upon moving to a new location the licensee shall procure from the City Clerk a removal permit stating the new location, which permit shall be issued without any additional charge.
(Ord. No. 80-10 §1; CC §54.040)

Section 605.040: Change in Location Contents of License Application, Issuance

Every license shall specifically state the name of the person, persons, firms or corporations to whom it is issued, the amount of the license tax, and the date of the issuance and the term for which it is issued. No license shall authorize any holder thereof to carry on business at more than one place at the same time.
(Ord. No. 80-10 §1; CC §54.050)

Section 605.050: Application Issuance

All applications for licenses shall be made in writing to the City Collector and the amount of the license or licenses shall be paid to the City Collector at the time such applications are made. All licenses required by this Chapter shall be prepared by the City Clerk.
(Ord. No. 80-10 §1; CC §54.060)

Chapter 610: PEDDLERS AND SOLICITORS

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Section 610.010: Permit Required

It shall be unlawful for any person to engage in the business of peddler as defined in Section 610.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefore as provided herein.
(Ord. No. 80-10 §1; CC §52.010)

Section 610.020: Peddler Defined

The word "peddler" as used herein shall include any person, whether a resident of this 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, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or offering for sale for later delivery, or seeking appointments for the purpose of at that time offering for sale; or who, without traveling from place to place shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Chapter shall be deemed a peddler subject to the provisions of this Chapter. The word "peddler" shall include the words "hawker", "huckster" and "solicitor".
(Ord. No. 80-10 §1; CC §52.020)

Section 610.030: Application for Permit

Applicants for permits under this Chapter must file with the City Clerk a sworn application in writing (in duplicate) on a form to be furnished by the City Clerk, which shall give the following information:

Name and description of the applicant.
Address (local and permanent).
A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same. together with credentials establishing the license number or other means of identification.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore.

(Ord. No. 80-10 §1; CC §52.030)

Section 610.040: Investigation and Issuance

Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the City Clerk, who shall notify the applicant that his 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. Chief of Police shall endorse on the application his approval. Upon receipt of the approved application the City Clerk, upon payment of the prescribed permit fee, shall deliver to the applicant his permit. The Clerk shall keep a permanent record of all licenses issued.

(Ord. No. 80-10 §1; CC §52.040)

Section 610.050: Fees Generally

The fees for licenses required under this Chapter shall be as established from time to time by ordinance of the Board of Aldermen and on file in the office of City Clerk.
(Ord. No. 80-10 §1; CC §52.050)

Section 610.060: Permit Nontransferable

No permit issued under this Chapter shall be transferable or assignable.
(Ord. No. 80-10 §1; CC §52.060)

Section 610.070: Use of Streets

No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this Chapter, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(Ord. No. 80-10 §1; CC §52.080)

Section 610.080: Loud Noises and Speaking Devices

No peddler, nor any person in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, perks or other public places of said City or upon any private premises in the said City where sound of sufficient volume is emitted or produced there from to be capable of being plainly heard upon the streets, avenues, alleys, perks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
(Ord. No. 80-10 §1; CC §52.090)

Section 610.090: Exhibition of Permit

Peddlers are required to exhibit their licenses at the request of any citizen.
(Ord. No. 80-10 §1; CC §52.100)

Section 610.100: Revocation of Licenses

Permits and licenses issued under the provisions of this Chapter may be revoked by the Mayor of this City after notice and hearing, for any of the following causes:

Fraud, misrepresentation, or false statement contained in the application for license.
Fraud, misrepresentation, or false statement made in the course of carrying on his business as peddler.
Any violation of this Chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
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.

(Ord. No. 80-10 §1; CC §52.110)

Section 610.110: Notice

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the ground of a complaint and the time and place of hearing. Such notice shall be mailed, postpaid to the permittee at his permanent address (as shown on the application) at least five (5) days prior to the date set for hearing.
(Ord. No. 80-10 §1; CC §52.120)

Section 610.120: Appeal

Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit as provided in Section 610.040, or in the decision with reference to the revocation of a license as provided in Section 610.110, shall have (he right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 610.120.
(Ord. No. 80-10 §1; CC §52.130)

Section 610.130: Expiration of Permits

All annual permits issued under the provisions of this Chapter shall expire on the 31st of December in the year when issued. Other than annual permits shall expire on the date specified in the permit.
(Ord. No. 80-10 §1; CC §52.140)

Section 610.140: Sales Limited

No peddler or solicitor, licensed or unlicensed, may peddle his wares within the City at any place other than in the business district.
(Ord. No. 80-10 §1; CC §52.150)

Chapter 615: JUNKYARDS

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Section 615.010: Definitions

Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Chapter:

JUNK: Old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but “junk” shall not include materials or objects accumulated by a person as by-products, waste, or scraps from the operation of his own business, or materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes.

YARD: A yard, lot, or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one or more act: of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or act: are to be used for charity.

JUNK DEALER: A person who operates a junkyard, as defined above, within the City.

ITINERANT JUNK DEALER: An individual (natural person) who buys, sells, collects, or delivers junk within the City as a business or employment within the City, but who is not an operator of a junkyard within the City or an employee of such an operator.

BUSINESS PREMISES OR PREMISES: The area of a junkyard as described in a junk dealer's license or application for license, as provided for in this Chapter.
(Ord. No. 80-10 §1; CC §51.010)

Section 615.020: License Required

It shall be unlawful for any person to act as a junk dealer or itinerant junk dealer in the City, whether personally, by agents or employees, singly, or along with some other business or enterprise, without first having obtained a license therefore from the City Clerk in accordance with the provisions of this Chapter.
(Ord. No. 80-10 §1; CC §51.020)

Section 615.030: Application

An applicant for license under this Chapter shall file with the City Clerk a written application upon forms provided by the City Clerk, and pay a fee as hereinafter prescribed. Said application shall include the junk dealer or itinerant junk dealer's name, residence address, and telephone number of applicant; the exact address or location of the place where the business is or is proposed to be carried on; and such other information as the City Clerk may reasonably require.
(Ord. No. 80-10 §1; CC §51.030)

Section 615.040: License Fees

The fees for licenses required under this Chapter shall be as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.
(Ord. No. 80-10 §1; CC §51.040)

Section 615.050: Investigation; Approval and Issuance of Licenses

Upon receipt of an application for a junk dealer's license as provided for herein, the Chief of Police shall cause an investigation to be made of the applicant's business responsibility and moral character. If the findings of said investigation are favorable to the applicant, the City Clerk shall within thirty (30) days after the filing of the application and payment of the fee, issue a junk dealer's license to the applicant.
(Ord. No. 80-10 §1; CC §51.050)

Section 615.060: License Not Transferable

No license issued under this Chapter shall be transferred or assigned or used in any way by any person other than the one to whom it was issued.
(Ord. No. 80-10 §1; CC §51.060)

Section 615.070: Duration Proration and Refund of Fees

All licenses issued under the provisions of this Chapter shall expire on the thirty-first (31st) day of December following the issuance thereof. For a partial year license, the fee shall be prorated quarterly. No license fee shall be returned to the holder upon sale, transfer or dissolution of the business for which the license was issued.
(Ord. No. 80-10 §1; CC §51.070)

Section 615.080: General Operating Requirements

The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Chapter:

The license issued pursuant to this Chapter shall be plainly displayed on the business premises.
The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
No space not covered by the license shall be used in the licensed business.
No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches (4").
No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as described herein and is in use in the licensed business.
No junk shall be allowed to rest upon or protrude over any public property, street, alley, walkway, or curb or become scattered or blown off the business premises.
Junk shall be stored in piles not exceeding ten (10) feet in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes.
No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard.
Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
No junk or other material shall be burned on the premises in any incinerator not meeting the approval of the Chief of the Fire Department which approval shall not be unreasonably denied.
No noisy processing of junk or other noisy activity shall be carried on in connection with the license business on Sunday, Christmas, Thanksgiving, or at any time between the hours of 6:00 P.M. and 7:00 A.M.
The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid vertical wall or fence of a minimum height of eight (8) feet measured from ground level. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business.

(Ord. No. 80-10 §1; CC §51.080)

Section 615.090: Junkyards Outside City Limits

Section 615.080 shall not apply to the operation of junkyards outside of the City limits, even though the owner thereof be licensed in accordance with this Chapter.
(Ord. No. 80-10 §1; CC §51.090)

Chapter 620: PERMIT FOR CHARITABLE ROADBLOCKS

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Section 620.010: Regulation of Road Blocks

It shall be unlawful for any person or associations, including non-profit charitable groups, to conduct a road block within the City limits of the City of Marble Hill, Missouri, for the purpose of soliciting funds.
(Ord. No. 87-7 §1 Repealed by Ord. 01-12, September 10, 2001)

Section 620.020: Permit Required

Any non-profit charitable group desiring to hold a road block within the City of Marble Hill, Missouri, for purposes of soliciting funds or for any other non-profit purposes shall at least forty-eight (48) hours prior to the holding of said road block, obtain a permit from the City Clerk of the City of Marble Hill allowing said organization to hold said road block.
(Ord. No. 87-7 §2)

Section 620.030: Hours for Solicitation

Any road blocks which shall be permitted under the provisions of Section 620.020 of this Chapter shall be allowed only on Saturday, from 9:00 A.M. to 12:00 noon, and shall be allowed only at the Four-Way Stop intersection on Highway 34 and Highway 51, at the location of said intersection in the City limits of the former town of Lutesville at which is also commonly known as the intersection of Main Street and First Street. In addition, if said road blocks shall involve solicitation by any persons under the age of thirteen (13), at least (1) one supervising adult over the age of eighteen (18) will be required for each four (4) persons participating in said road block supervision.
(Ord. No. 87-7 §2)

Section 620.040: Penalty

Any violation of this Chapter shall result in a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) to the person or organization so violating the terms of this Chapter.
(Ord. No. 87-7 §2; Repealed by Ord. 01-12, September 10, 2001)

Chapter 625: CABLE TELEVISION
ARTICLE I. TITLE AND PURPOSES OF THE CHAPTER

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Section 625.010: Title

This Chapter shall be known as the Marble Hill Cable Television Franchise Ordinance.
(Ord. No. 89-33 Art. I)

Section 625.020: Purposes

The purposes of this Chapter are to:
1. Provide for the franchising and regulation of cable television systems within the City;
2. Provide for the payment of a franchise fee and other valuable consideration to the City for the use of City streets and other public ways in the construction and operation of cable television systems and to compensate the City for costs associated therewith;
3. Provide for the regulation by the City of the operation and maintenance of any system providing cable television service.
4. Grant a cable television franchise to the Grantee named herein.
(Ord. No. 89-33 Art. I)

Chapter 625: ARTICLE II. DEFINITIONS

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Section 625.030: Definitions

For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the singular number, and words in the singular number include the plural number. The word shall is always mandatory and not merely directory.

AUXILIARY SERVICES: Any communications services in addition to regular subscriber services including, but not limited to: services for which a per-program or per-channel charge is made; pay TV; data or other electronic transmission services; facsimile reproduction services; meter reading services and home shopping services; interactive two-way services and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this Chapter.

BASIC SUBSCRIBER SERVICE: The distribution to subscribers of signals over the cable television system on all channels except those for which a per-program or per-channel charge is made, two-way services and those intended for reception by equipment other than a television broadcast receiver.

CABLE TELEVISION SYSTEM (OR CABLE TV SYSTEM): Any non-broadcast facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to distribute to subscribers audio, video and other forms of electronic or electrical signals.

CHANNEL (VIDEO CHANNEL): Is a band of frequencies, six megahertz wide in the electromagnetic spectrum, capable of carrying one (1) audio-visual television signal.

CITY: The City of Marble Hill, a municipal corporation of the State of Missouri in its present incorporated form or in any later reorganized, consolidate, enlarged or reincorporated form. The City may perform any act pursuant to this Chapter by means of any lawful delegation of power or authority to a City official, Board, committee or other properly authorized body.

CITY ALDERMEN: The City Aldermen of the City of Marble Hill.

CONVERTER: An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated channel selector locations.

FRANCHISE: The non-exclusive rights granted hereunder to construct and operate a cable television system along the public ways in the City, or within specified areas in the City.

FRANCHISE AREA: That portion of the City for which a franchise is granted under the authority of this Chapter. If not otherwise stated in the franchise, the Franchise Area shall be the corporate limits of the City including all territory thereafter annexed to the City.

GRANTEE: The person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind granted a franchise by the City Aldermen under this Chapter or its lawful and approved successor, transferee or assignee.

GROSS REVENUES: All revenue derived from the operation of a cable television system franchised pursuant to this Chapter by the Grantee. Provided however, that this shall not include any taxes on services furnished by the Grantee which are imposed upon any subscriber or user by the State, local or other governmental unit and collected by the Grantee on behalf of said governmental unit.

PUBLIC WAY OR RIGHTS-OF-WAY: The surface, the air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, or other public right-of-way including public utility easements or rights-of-way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City which shall entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's cable television system.

SCHOOLS: All public or private tax-exempt educational institutions, including elementary and secondary schools, junior colleges, colleges and universities.

SUBSCRIBER: Any person who receives the regular subscriber service and/or any one or more of such other services as may be provided by the Grantee's cable television system.
(Ord. No. 89-33 Art. II)

Chapter 625: ARTICLE III. GRANT OF AUTHORITY

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Section 625.040: Requirement of a Franchise

A. The City may grant one (1) or more franchises to construct, install, maintain or operate a cable television system within the City to a person, firm, company, corporation or association which the City deems qualified to operate such system pursuant to the terms and conditions of this Chapter. A cable television system may not be operated in the City unless a franchise has first been obtained pursuant to the provisions of this Chapter and unless such franchise is in full force and effect. No provision of this Chapter shall be deemed or construed to require the City to grant additional franchises if, after considering any application for such additional franchise(s), it is determined by the City that it is in the public interest to restrict the number of Grantees.

B. A franchise granted to provide service within the City shall authorize and permit the Grantee to solicit sell, distribute and make a charge to subscribers within the City for connection to the cable television system of Grantee, and shall also authorize and permit the Grantee to traverse any portion of the City in order to provide service outside the City.

C. A franchise, easement, license or other permit granted to anyone other than the Grantee to traverse any portion of the City in order to provide service outside the City shall not authorize nor permit said person to solicit, sell, distribute or make any charge to subscribers within the City, nor to render any service or connect any subscriber within the City to the cable television system of Grantee.
(Ord. No. 89-33 Art. III, §A)

Section 625.050: Franchise Applications

A. The City may specify the form of an application for a cable television franchise and the information required to be provided therein. After receiving an application for a franchise, the City shall consider the legal, financial, technical and character qualifications of the applicant.

B. An application for a new cable television franchise or a renewal of an existing franchise shall be submitted to the City in a form specified by or acceptable to the City, and in accordance with procedures and schedules established by the City.
(Ord. No. 89-33 Art. III, §B)

Section 625.060: Competing or Overlapping Franchises

A. Any franchise granted by the City is non-exclusive in nature. However, since competing or overlapping franchises may have an adverse impact on the public rights-of-way and on the overall quality, cost and availability of a communications services to the public, the City may issue additional competing or overlapping franchises only after a public hearing(s) at which the following factors are considered:

The ability of the applicant to provide service to the entire franchise area which is served by the existing cable operator.
The amount of time it will take the applicant to complete construction of the proposed system and activate service in the entire franchise area.
The financial capabilities of the applicant and its assured commitment to make the necessary investment to erect, maintain and operate the proposed CATV system for the duration of the franchise.
The quality and technical reliability of the proposed system, based upon the applicant's plan of construction and the method of distribution of signals, and the applicant's technical qualifications to construct and operate such system.
The experience of the applicant in the erection, maintenance and operation of a cable television system.
The capacity of the public rights-of-way to accommodate one (1) or more additional cable systems and the potential disruption of those public rights-of-ways that may occur if one (1) or more additional franchises is granted.
The potential disruption of existing cable television service and the potential for destructive competition which would adversely impact the residents of the City, based upon the number of potential subscribers in the proposed service area.
The likelihood and ability of an applicant to continue to provide competing cable television service to subscribers within the entire franchise area for the duration of the franchise.
Such other information that should be considered by the City prior to granting competing or overlapping franchises.

(Ord. No. 89-33 Art. III, §C)

Chapter 625: ARTICLE IV. FRANCHISE CONDITIONS

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Section 625.070: Franchise Term and Renewal

The term of this franchise shall be fifteen (15) years. The Grantee shall be reviewed every five (5) years to assure franchise compliance. The Grantee shall have the option to renew this franchise, for additional five (5) year periods.
(Ord. No. 89-33 Art. IV, §A)

Section 625.080: Notice to the Grantee

Except as otherwise provided in this Chapter, the City Aldermen shall not meet to take any final action involving the Grantee's franchise unless the City has;

Advised the Grantee in writing, at least thirty (30) days prior to such meeting, as to its time, place and purpose.
Published a notice at least once, seven (7) days before the meeting in a newspaper of general circulation within the City. The notice provided for in this Section shall be in addition to, and not in lieu of, the notice to Grantee and opportunity to cure any default provided in this Chapter.

(Ord. No. 89-33 Art. IV; §B)

Section 625.090: Franchise Review and Modification

It shall be the policy of the City to amend a franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of advancements in the state-of-the-art which will afford it an opportunity to more effectively, efficiently, or economically serve its subscribers.
(Ord. No. 89-33 Art. IV, §C)

Section 625.100: Franchise Fee

A. The Grantee, in consideration of the privilege granted under the franchise for the operation of a cable television system within the public ways of the City and the expense of regulation of the franchise incurred by the City, shall pay to the City a franchise fee. As of January 1, 1990, that fee shall be set at five percent (5%) of gross basic cable revenue less installation and pay TV fees during the period of its operation under the franchise. The City shall not require a franchise fee greater than five percent (5%) of gross revenues if such fee would detrimentally impact the economic viability of Grantee's cable communications system. Provided further, Grantee shall be entitled to adjust its rates to recover from subscribers and users any increase in the franchise fee adopted by the City pursuant to this Section.

B. Grantee shall pay its franchise fee on an annual basis. The Grantee shall file with the City, within one hundred twenty (120) days following the conclusion of the calendar year, an annual report showing its total gross revenues for the calendar year and the amount of franchise fees due to the City.

C. The City shall have the right to inspect the Grantee's income records, the right to audit and the recompilation of any amounts determined to be payable under this Chapter. Any additional amount due the City as a result of the audit shall be paid within sixty (60) days following written notice to the Grantee by the City which notice shall include a copy of the audit report. The cost of said audit shall be borne by the Grantee only if it is properly determined that the Grantee's annual payment due to the City for the preceding year was at least twenty percent (20%) less than it properly should have been. Otherwise the City shall bear the cost of any such audit.

D. In the event that any franchise payment or recomputed amount is not paid on or before the applicable dates heretofore specified, interest shall be charged from such due date at the non-compounded interest rate of one percent (1%) per month.

E. In the event the franchise is terminated prior to its expiration date the Grantee shall file with the City, within sixty (60) days of the date that ownership and control passes to an assignee, a financial statement shall pay the franchise fee due at the time such statement is filed or within thirty (30) days thereafter.
(Ord. No. 89-33 Art. IV; §D)

Section 625.110: Insurance and Bonds

A. Upon the granting of a franchise and within sixty (60) days following the filing of the acceptance required and at all times during the term of the franchise the Grantee shall obtain, pay all premiums for and file with the City executed duplicate copies of the following:

A general comprehensive liability policy indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to a death of a person or persons occasioned by the operations of the Grantee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars ($500,000.00) per personal injury or death of any one (1) person and one million dollars ($1,000,000.00) for personal injury or death of any two (2) or more persons in any one (1) occurrence.
Property damage insurance indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of Grantee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars ($500,000.00) for property damage to the property of any one (1) person and one million dollars ($1,000,000.00) for property damage to the property of two (2) or more persons in any one (1) occurrence.

B. All insurance policies called for herein shall be in a form satisfactory to the City Attorney and shall require thirty (30) days written notice of any cancellation to both the City and the Grantee. The Grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation.
(Ord. No. 89-33 Art. IV; §E)

Section 625.120: Indemnity

The Grantee shall, at its sole cost and expense, indemnify and hold harmless the City, its officials, boards, commissions, consultants, agents and employees against any and all claims, suits, causes of action, proceedings. and judgments for damage arising out of the award of a franchise to the Grantee and its operation of the cable television system under the franchise. These damages shall include, but not be limited to, penalties arising out of copyright infringements and damages arising out of any failure by Grantee to secure consents from the owners, authorized distributors or licenses of programs to be delivered by the Grantee's cable television system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise.
(Ord. No. 89-33 Art. IV; §F)

Section 625.130: Transfer of Franchise

A. A franchise granted under this Chapter may be assigned or transferred, in whole or in part, by voluntary sale, sale and leaseback, merger, consolidation or otherwise or by forced or involuntary sale, with the prior consent of the City Aldermen expressed by resolution.

B. The City Aldermen shall not withhold its consent to any transfer of a franchise unreasonably; provided that the proposed assignee agrees to comply with the material provisions of this Chapter and the franchise shall provide proof of its legal, technical, financial, and character qualifications to operate the cable system.

C. No such consent shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure indebtedness.
(Ord. No. 89-33 Art. IV; §G)

Section 625.140: Subscriber Fees and Records

A. The Grantee shall not, with regard to fees, discriminate or grant any preference or advantage to any person. However, the Grantee may establish different rates for different classes of subscribers, provided that the Grantee does not discriminate between subscribers of the same class.

B. Grantee may, at its own discretion, in a non-discriminatory manner, waive, reduce or suspend connection fees and/or monthly service fees for promotional purposes.

C. This Section shall not prevent a Grantee from refusing service to any person because the Grantee's prior accounts with that person remain due and owing.

D. A Grantee may offer service which requires advance payment of periodic service charges. A customer shall have the right, at any time, to have its service disconnected without charge and with a refund of pre-paid service charges within sixty (60) days from the date service is disconnected.
(Ord. No. 89-33 Art. IV; §H)

Section 625.150: Extension of Service

A. Grantee shall extend its cable television system and make service available as follows:

Within one (1) year after the grant of a franchise service shall be provided to all streets or parts of streets reaching a minimum density of thirty (30) dwelling units per street mile, beginning at the boundary of any trunk line.
Concurrently with the City of laying lines to developing areas having a planned minimum density of thirty (30) dwelling units per street mile, beginning at the boundary of the existing service area.

B. Grantee must extend and make cable television service available to any resident within the franchise area who requests connection, at the standard connection charge, if the connection to the resident would require no more than a standard one hundred and fifty (150) foot aerial or buried drop line.

C. With respect to requests for connection requiring an aerial or buried drop line in excess of one hundred and fifty (150) feet, Grantee shall extend and make available cable television service to such residents at a connection charge not to exceed the actual costs incurred by the Grantee for the distance exceeding one hundred and fifty (150) feet.

D. The Grantee shall provide aerial or buried drop lines to new subdivisions within the franchise area at the request of the developer provided the developer contacts and agrees with the Grantee to pay the cost of the extension of the service.
(Ord. No. 89-33 Art. IV; §I)

Section 625.160: Free Basic Service to Public Schools

Grantee shall provide, without charge, one (1) service outlet activated for basic subscriber service to each school in the City. However, if it is necessary to extend Grantee's trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school, the City shall have the option of either paying Grantee's direct costs for such extension in excess of two hundred (200) feet, or of releasing Grantee from the obligation to provide service to such building. Furthermore, Grantee shall be permitted to recover from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one (1) outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable.
(Ord. No. 89-33 Art. IV; §J)

Section 625.170: Operational Requirements and Records

A. The cable television system to be installed by Grantee shall comply in all respects with the technical performance requirements set forth in the FCC'S Rules for Cable Television including applicable amendments thereto.

B. Grantee shall construct, operate, and maintain the cable television system in full compliance with the rules and regulations, including applicable amendments, of the Federal Communications Commission and all other applicable Federal, State, or local laws.

C. Grantee shall maintain a regional office which shall be open and accessible to the public with adequate telephone service during normal business hours. Grantee shall employ an operator or maintain a telephone answering service twenty-four (24) hours per day, each day of the year, to receive subscriber complaints.

D. Grantee shall exercise its best effort to design, construct, operate, and maintain the system at all times so that signals carried are delivered to subscribers without material degradation in quality (within the limitations imposed by the technical state-of-the-art).

E. In the case of any emergency or disaster, the Grantee shall, upon request of the City, make available its facilities to the City, for emergency use during the emergency or disaster period.
(Ord. No. 89-33 Art. IV; §K)

Section 625.180: Rates to Customers

A. The City acknowledges that the Cable Communications Policy Act of 1984 and the regulations of the FCC adopted pursuant thereto limit the City's ability to regulate rates to specified circumstances which do not apply in Marble Hill. The Grantee will give the City thirty (30) days advance written notice of any change in rates and charges whenever possible. However, under Federal law the Grantee is entitled to set its rates and charges as it sees fit without obtaining the prior consent of the City.

B. All rates will be published, including rates for installation and monthly charges for providing basic, pay television and converter deposits. Except where necessary to meet competition, rates will be nondiscriminatory and uniform to persons and organizations of like classes, under similar circumstances and conditions.

C. The Grantee shall provide refunds to subscribers in the following cases:

If the Grantee fails within a reasonable time to commence service requested by a subscriber, it will refund all deposits or advance charges that the subscriber has paid in connection with the request for such service.
If a subscriber terminates any service at any time and has a credit balance, the Grantee (72) upon notice from the subscriber and upon return of all of Grantee's equipment, refund the appropriate credit balance to the subscriber. The subscriber will be responsible for furnishing the Grantee a proper address to which to mail the refund.
If any subscriber's services is out of order for more than seventy-two (72) consecutive hours during the month due to technical failure, damage, or circuntstances within the control of the Grantee, the Grantee will credit the account of that subscriber on a pro rata basis upon the subscriber's written request. The credit will be calculated using the number of twenty-four (24) hour periods that service is impaired and the number of channels on which service is impaired as a fraction of the total number of days in the month that the service impairment occurs and the total number of channels provided by the system in the absence of impairment.

(Ord. No. 89-33 Art. IV; §L)

Section 625.190: Service Repair and Complaint Procedures

A. Except for circumstances beyond the Grantee's control such as act: of God, weather, wars, riots and civil disturbances, the Grantee shall be capable of locating and correcting system malfunctions promptly.

B. A listed local telephone number or toll free eight hundred (800) number shall be made available to subscribers for service calls. Investigative action shall be initiated in response to all service calls, other than major outages, not later than the next business day after the call is received. Corrective action shall be completed as promptly as practicable.

C. A service technician shall be available to respond to service calls from subscribers Monday through Friday during normal working hours. Calls requesting repair service shall be responded to the same day they are received whenever possible. If a service call is received after 3 P.M. on Friday, every attempt shall be made to respond within seventy-two (72) hours.

D. In establishing response time, the Grantee may differentiate between service problems unique to a single household an problems caused by a service outage which affects a large number of subscribers area outage.

E. An area outage is deemed as an outage of all cable channels in three (3) or more residences in the same neighborhood or area which is caused by a problem with the cable system, rather than being caused by the subscriber. All area outages shall be responded to as soon as possible after notification on a twenty-four (24) hour a day, seven (7) day a week basis. Designated technicians shall be on call twenty-four (24) hours a day to respond when notified by phone or paged by Grantee or an answering service employee. Technicians are expected to repair the problem found and have the system operational as soon as possible.
(Ord. No. 89-33 Art. IV; §M)

Section 625.200: Street Occupancy

A. Grantee shall utilize existing poles, conduits and other facilities whenever possible, but may construct or install new, different, or additional poles, conduits, or other facilities whether on the public way or on privately- owned property with the written approval of the appropriate governmental authority, and, if necessary, of the property owner. Such approval shall not be unreasonably withheld by the governmental agency.

B. All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and appearance and reasonable convenience of property owners who adjoin on any public way and at all times shall be kept and maintained in a safe condition and in good order and repair. The Grantee shall at all times employ reasonable care and shall use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

C. Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the direction of the City or other appropriate governmental authority.
(Ord. No 89-33 Art. IV; §N)

Section 625.210: Consumer Protection

A. The Grantee shall not, without good cause, fail to make available cable service to prospective subscribers nor shall the Grantee terminate service without good cause. Service shall be provided to all interested customers where economically feasible and consistent with the line extension provisions contained in this Chapter.

B. Unless a written contract exists between the Grantee and a subscriber, service shall be on a month-to month basis and the Grantee shall not assess a penalty for cancellation of the service.

C. The Grantee is expressly prohibited from requiring, offering, or providing any inducements for any subscriber to remove an existing antenna as a condition to providing service.
(Ord. No. 89-33 Art. IV; §O)

Section 625.220: Protection of Privacy

A. The Grantee and the City will constantly guard against possible abuses of the right of privacy or other rights of any subscriber or person. In particular, the Grantee shall comply with the privacy provisions of the Cable Communications Policy Act of 1984, 47 U.S.C. Section 551, incorporated herein by reference.

B. Grantee shall not permit the transmission of any signal, aural, visual or digital, including polling the channel selection, from any subscriber's premises without first obtaining the informed consent of the subscriber, which shall not have been obtained from the subscriber as a condition of any service for which transmission is not an essential element. The request for such consent shall be contained in a separate document which enumerates and describes the transmissions being authorized and includes a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision, and shall be revocable at any time by the subscriber without penalty of any kind whatsoever. This provision is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance or used only for billing subscribers or providing optional pay services.

C. Grantee shall not permit the use of any special terminal equipment in any subscriber's premises that shall permit transmission from the subscriber's premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber as provided in Subsection A of this Section.

D. Grantee, or any of its agents or employees, shall not, without the specific written authorization of the subscriber involved, sell or otherwise make available to any party any list which identifies the viewing habits or responses of individual subscribers.
(Ord. No. 89-33 Art. IV; §P)

Chapter 625: ARTICLE V. GENERAL PROVISIONS

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Section 625.230: Compliance with State and Federal Law

The Grantee shall, at all times, comply with all laws of the State and Federal Government and the rules and regulations of any Federal or State administrative agency.
(Ord. No. 89-33 Art. V; §A)

Section 625.240: Special License

The City reserves the right to issue a license, easement or other permit to anyone other than the Grantee to permit that person to traverse any portion of the Grantee's franchise area within the City in order to provide service outside the City.

Such license or easement, absent a grant of a franchise in accordance with this Chapter, shall not authorize nor permit said person to provide cable television service to any nature to any home or place of business within the City, nor to render any service or connect any subscriber within the City to the Grantee's cable television system.
(Ord. No. 89-33 Art. V; §C)

Section 625.250: Acceptance of Franchise

This franchise Chapter and its terms and conditions shall be accepted by the Grantee by written instrument filed with the City within ninety (90) days after the granting of the franchise, unless said period is extended by the City Aldermen.
(Ord. No. 89-33 Art. V; §D)

Section 625.260: Nondiscrimination in Employment

The Grantee shall neither refuse to hire nor discharge from employment nor discriminate against any person in compensation, terms, conditions, or privileges of employment because of age, sex, race, color, creed, or national origin. The Grantee shall take affirmative action to insure that employees are treated without regard to their age, sex, race, color, creed or national origin. This condition includes, but is not limited to, the following: recruitment advertising, employment interviews, employments rates of pay, upgrading, transfer, demotion, lay-off, and termination.
(Ord. No. 89-33 Art. V; §E)

Section 625.270: Grantee May Issue Rules

Grantee shall have the authority to issue such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this Chapter and the Rules of the FCC, and to assure uninterrupted service to each and all of its subscribers. Such rules and regulations shall not be deemed to have the force of law.
(Ord. No. 89-33 Art. V; §F)

Section 625.280: Delegation of Powers

Any delegable right, power or duty of the City, the City Aldermen or any official of the City under this Chapter may be transferred or delegated by resolution of the City Aldermen to an appropriate officer, employee, or department of the City, or any other legal authority.
(Ord. No. 89-33 Art. V; §G)

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Title VII. Utilities

Chapter 700: WATER AND SEWER

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Section 700.010: Combined System

It is hereby found, determined and declared to be necessary for the public health, safety, welfare and benefit of the City of Marble Hill, Missouri, and it inhabitants that the waterworks of said City and the sewerage system of said City and all future improvements and extensions thereto, be combined and that they shall thenceforth be operated and maintained as a combined waterworks and sewerage system.

Thenceforth, the existing waterworks of the City of Marble Hill, Missouri, and the sewerage system of said City, and all future improvements and extensions thereto, whether to the waterworks or to the sewerage system or to both, shall be and the same are combined and it is hereby declared that said waterworks and said sewerage system, and all future improvements and extensions thereto as aforesaid, thenceforth be operated and maintained as a combined waterworks and sewerage system.
(Ord. No. 80-10 §1; CC §28.010)

Section 700.020: Water Meter Installed At Owner's Expense

When a water meter is installed in any private dwelling house, boarding house, hotel, store building, or in any other building, when said building or buildings are occupied, or may be occupied by the owner or a tenant, it shall be installed at the expense of the owner of the property, or it may be installed at the expense of the tenant or contemplated tenant.
(Ord. No. 80-10 §1; CC §28.200)

Section 700.030: Water Meter Lien Created

The costs of the water consumed, after a water meter has been installed in any of the property mentioned in Section 700.020 above shall be and constitute a lien on said property and remain a lien thereon until paid.
(Ord. No. 80-10 §1; CC §28.210)

Section 700.040: Delinquent Water Bills

If the water consumed upon any property within the City of Marble Hill by the owner or by the tenant in any of the property mentioned in Section 700.020 above be not paid for at the expiration of any current month, it shall become delinquent and the water may be cut off or discontinued until payment thereof is made, and if it be not paid when due, suit may be brought for the collection thereof.
(Ord. No. 80-10 §1; CC §28.220)

Section 700.050: Sewerage-Definition of Terms

The definitions given herein deal only with certain terms used in this Chapter, in the sense that they are used herein.

These definitions are not of a general nature and are not generally applicable beyond the sense used in this Chapter.

CESSPOOL: A pit for the reception or detention of sewage.

DRAIN: A sewer or other pipe or conduit used for conveying ground, surface, or storm water.

HUMAN EXCRETA: The bowel or kidney discharges of human beings.

HEALTH OFFICER OR CHIEF OF POLICE: The terms, "Health Officer" and "Chief of Police", as used in this Chapter shall be construed to mean the persons appointed to said positions according to the laws governing such appointments, or persons or persons authorized to act as their agent.

INDUSTRIAL WASTES: The liquid wastes resulting from the processes employed in industrial establishments.

POTABLE WATER: Water which is safe for drinking or other sanitary purposes and is also suitable for domestic use.

ROOF DRAIN: A conduit for conveying the storm or rain water from a roof.

SANITARY OR DOMESTIC SEWAGE: Sewage from building used for human habitation or occupancy.

SANITARY SEWER: A sewer intended to receive sanitary sewage with or without industrial wastes and without the admixture of surface or storm water.

SEPTIC TANK: A tank through which sewage flows and which permits solids in the sewage to settle in order that portions of such solids may be disintegrated by biological action.

SERVICE LATERAL OR HOUSE SEWER: The conduit or pipe from the sewer line to the building served.

SEWAGE: The water carried waste products or discharges from human beings or animals, or chemicals or other wastes from residences, public or private buildings, swimming pools or industrial establishments, together with such ground, surface or storm water as may be present.

SEWERAGE SYSTEM: The networks of sewers, together with sewage lift stations, and all appurtenances necessary for the collection of sewage.

SEWER: A conduit for carrying off sewage.

STORM WATER: That portion of the rainfall or other precipitation which runs off over the surface during a storm and for such a short period following a storm as the flow exceeds the normal or ordinary runoff.

SURFACE WATER: That portion of a rainfall or other precipitation which runs off over the surface of the ground.
(Ord. No. 80-10 §1; CC §28.400; 28.600)

Section 700.060: Sewage Disposal Method Required

That every residence and building within the City limits of Marble Hill in which human beings reside, or are employed or congregate, shall be provided with an approved method for disposal of sewage, human excreta, or other body wastes and it shall be the duty of the owner of any premises within the limits of the City of Marble Hill where human beings reside, are employed or congregate, to provide a sanitary method of sewage disposal complying with this Chapter.
(Ord. No. 80-10 §1; CC §28.410)

Section 700.070: Acceptable Disposal Methods

That the following methods for disposal of sewage, human excreta, or other body wastes shall be required within the limits of the City of Marble Hill.

Any residence or building provided with a water carried sewage system shall discharge flow from the system to one of the following:
a. A public sewer, provided a public sewer is now or shall hereafter be located in a street or alley upon which the lot occupied by said residence or building abuts, or provided a public sewer is otherwise within one hundred fifty feet (150) of said residence or building and accessible.
b. A private sewage treatment plant constructed in accordance with plans approved by the Division of Health of Missouri.
In case a residence or building is not provided with a water carried sewerage system, a sanitary pit privy, or other sanitary method of excreta disposal approved by the Division of Health of Missouri shall be installed.

(Ord. No. 80-10 §1; CC §28.420)

Section 700.080: Health Officer

A. It shall be the duty of the Board of Aldermen to appoint the Health Officer, Chief of Police, or their authorized representative, to make an inspection of the methods of disposal of sewage within the City of Marble Hill as frequently as is necessary to secure compliance with this Chapter. Written notification of any violation of this Chapter shall be given by the Health Officer, Chief of Police, or the: authorized representative to the owner and occupant of the property upon which the violation occurs. If the provisions of this Chapter have not been complied with within the period of ten (10) days following date of notice of violation, the City shall have the right to make or have made such alterations in the method of disposal of sewage within the limits of Marble Hill that are deemed necessary by the Health Officer or Chief of Police to meet the requirements of this Chapter and all the costs thereof shall be provided for and defrayed by a special tax bill to be assessed in favor of the City agent against the property on which said improvements are made and such special tax bill shall become a lien on said property.

B. If an inspection determines that there is a violation that presents a danger to the public health and welfare such that violation presents an emergency condition, the city may take immediate steps to shut off services ot to make repairs immediately in order to abate the hazardous condition.
(Ord. No. 80-10 §1; CC §28.430 Revoked and Revised by Ord.07-02, January 11, 2007)

Section 700.090: Misuse of Sewers

That it shall be the duty of the occupants of each premise to maintain in a sanitary condition at all times the sewage disposal system serving such premise, and it shall be unlawful for anyone to abuse or misuse said privy or other toilet device. No wash water, garbage, or kitchen slop, shall be emptied into any privy or closet receptacle.
(Ord. No. 80-10 §1; CC §28.440)

Section 700.100: Pollution of Ground Water

It shall be unlawful for any person, persons, firm association or corporation to pollute ground water sources by discharging sewage, human excreta, or other body wastes into any well, cistern, spring, sink hole, cave, mineshaft, tunnel, pit, quarry or other excavation, or into any FISSURE or crevice leading to underground water bearing strata.
(Ord. No. 80-10 §1; CC §28.450)

Section 700.110: Other Disposal of Sewage Prohibited

It shall be unlawful for any person, persons, firm, association or corporation, within the limits of the City of Marble Hill, to throw out, deposit, or in any other way dispose of sewage other than as provided for in this Chapter.
(Ord. No. 80-10 §1; CC §28.460)

Section 700.120: Clear Water Discharge into Sewer

It shall be unlawful for any person or persons to connect any roof, surface, areaway or footing drain or to continuously discharge clear water which has been used for cooling or other purposes to any piping system carrying sewage as defined by this Chapter.
(Ord. No. 80-10 §1; §28.470)

Section 700.130: City Sewer Inspector

The Board of Aldermen shall appoint a sewer inspector who shall be the Chief of Police, Superintendent of Sewage Works, or other authorized representative (hereinafter referred to as the City Sewer inspector) who shall make such inspections as are necessary to properly carryout the provisions of this Chapter and shall report all violations thereof to the City Clerk.
(Ord. No. 80-10 §1; CC §28.610)

Section 700.140: Use of Public Sewer Required

Where a public sewer is accessible in a street or alley to a building or premises abutting thereon the liquid wastes from any plumbing system in said building shall discharge into the public sewer unless otherwise authorized by the governing body.
(Ord. No. 80-10 §1; CC §28.620)

Section 700.150: Permit for Sewer Connection

No connection shall hereafter be made to any sewer or portion of the sewerage system until a written permit has been obtained from the City Clerk of the City of Marble Hill. A separate permit shall be required for each house or building and a fee of fifty dollars ($50.00) shall be charged for each permit, this to include the charge or fee for tapping and making the connection to public sewer.
(Ord. No. 80-10 §1; CC §28.630)

Section 700.160: Sewer Connections-Clerk's Duties

The City Clerk of the City of Marble Hill, Missouri, is hereby instructed and it shall be his duty to issue permits for connections to the sewerage system. Such permits shall be issued in numerical order and shall be issued independently of any other permits issued by the City.

Before issuing such a permit, an application shall be filed with the City Clerk of the City of Marble Hill on a blank provided for that purpose. This application shall show the name and address of the owner, name of the person to whom permit is issued, number of permit, location of property, type of building to be served (whether residence or business), number of rooms, and size of sewer to be connected. The application shall be signed by the owner or his authorized representative and shall be accompanied by a complete and legible set of plans and specifications of the work to be done, or in lieu thereof, such written description of the type of materials and methods to be used in the construction as shall be acceptable to the City Sewer Inspector. The application shall be retained by the City as a permanent record of each connection to the sewerage system.
(Ord. No. 80-10 §1; CC §28.640)

Section 700.170: Size of House Sewer

No house sewer shall be less than four inches (4") in diameter. No building or house sewer for a commercial building or a multiple dwelling shall be less than six inches (6") in diameter. Grades for house sewers: Unless otherwise authorized all house sewers shall have a grade of not less than one-eighth inch (1/8") per foot. A grade of one-fourth inch (1/4") per foot shall be used wherever practical. Changes in these requirements may be authorized by the governing body.
(Ord. No. 80-10 §1; CC §28.660)

Section 700.180: Trenching and Backfilling

All excavations shall be open trench work unless otherwise authorized by the Sewer Inspector. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good, firm earth, the earth shall be pared or molded to give a full support to the lower quadrant of each pipe. Bell holes shall be dug. Where the floor of the trench is of hard or rocky material, the trench shall be excavated to four inches (4") below grade and brought back to the proper grade with fine gravel, coarse sand or similar material so as to provide a firm foundation and uniform support for the house sewer line. Backfilling shall be placed in layers and solidly tamped or packed up to two feet (2') above the pipe. Backfilling shall not be done until final inspection is made by the Sewer Inspector.
(Ord. No. 80-10 §1; CC §28.670)

Section 700.190: Inspection

It shall be the duty of the City Sewer Inspector to inspect each service lateral or house sewer before any connection is made to the sewerage system and to require that all defects or unsatisfactory construction features be corrected before permitting the connection to be made. The City Sewer Inspector shall be present at the time the connection is made and it shall be the responsibility of the owner or his representatives to notify him in advance of the time and place where the connection will be made.
(Ord. NCR. 80-10 §1; CC §28.690)

Section 700.200: Laying Sewer Pipe

A. It shall be unlawful to place any pipe or conduit which carries or is intended to carry sewage in the same trench or ditch with a pipe or conduit which carries, or is intended to carry, a potable water supply. In every case where water and sewer lines are parallel, the water line shall be at least ten (10) feet horizontally from and at a higher elevation than the sewer line.

B. Where it is not possible to meet the above conditions, or where for any reason unusual circumstances present a potential or actual hazard to a potable water supply, the Division of Health must be notified in writing and plans submitted showing the precautions which are to be taken to minimize the hazard to the potable water supply. In no case shall the work proceed until the plans for protecting the water supply have been approved in writing by the Division of Health.
(Ord. No. 80-10 §1; CC §28.700)

Section 700.210: Connection with Roof Drain Unlawful

It shall be unlawful to make, or cause to be made, a connection of any roof drain, areaway drain, yard or court drain, or any drain whatsoever which will permit, allow, or cause any storm or surface water to enter the sanitary sewerage system.
(Ord. No. 80-10 §1; CC §28.710)

Section 700.220: Septic Tanks

It shall be unlawful to connect or to cause to be connected to the sanitary sewerage system the effluent of any septic tank, cesspool, or sewage tank. Where such tanks exist and it is desired to make a connection to the sanitary sewerage system, a tile line shall be constructed around the unit, in such a manner as to preclude the possibility of any sewage flowing into or out of the cesspool or tank, and said septic tank, cesspool or sewage tank shall then be filled with earth, cinders, ashes or similar material.
(Ord. No. 80-10 §1; CC §28.720)

Section 700.230: Discontinue Violations

Where any unlawful connection as deemed in Sections 700.210 and 700.220 of this Chapter is known to exist, such connection shall be broken within ten (10) days after the passage of this Chapter, or where such connections are found to exist, such unlawful connections shall be broken and their use discontinued within ten (10) days after date of notification to break such connection as provided in Section 700.240 of this Chapter.
(Ord. No. 80-10 §1; CC §28.730)

Section 700.240: Inspector's Duties

The City Sewer Inspector shall make an inspection of the method of disposing of roof and other storm water drainage from each house which is connected to the sanitary sewers of the City of Marble Hill as frequently as is necessary to secure compliance with this Chapter. Following each inspection, the City Sewer Inspector shall submit a list of all property owners whose property or properties have connections in violation of this Chapter of the City Clerk. Written notification of any violation of this Chapter shall then be given by said City Clerk to the owner or owners of the property upon which the violation occurs. If the provisions of this Chapter have not been complied with within the period of ten (10) days following date of notice of violation, the City shall have the right to make, or have made, such alterations as are deemed necessary by the City Sewer Inspector to meet the requirements of the Chapter, and all costs thereof shall be provided for, and defrayed by, a special tax bill to be assessed in favor of the City against the property on which said improvements are made, and such special tax bill shall become a lien on said property.
(Ord. No. 80-40 §1; CC §28.740)

Section 700.250: Unlawful Discharge into Sewer

It shall be unlawful for any person, firm, partnership, or corporation to discharge or cause to be discharged into any public sanitary sewer or into any private sewer which is connected to the public sanitary sewerage system any powdered milk, whey, skimmed milk, whole milk, cream, or other milk products, or any industrial wastes of any type which might, in the opinion of the Division of Health, damage or otherwise cause operational difficulties if the sanitary system or interfere in any manner whatsoever with the normal operation of any sewage treatment works or sewage treating devices.
(Ord. No. 80-10 §1; CC §28.750)

Section 700.260: Industrial Wastes Discharged into Sewer

It shall be permissible to discharge normal quantities of industrial wastes from washing operations and from other normal industrial plant operations into the sanitary sewerage system provided necessary precautions are taken to exclude those materials described in Sections 700.250, 700.270, 700.280 and 700.290 of this Chapter, and further provided, that the wastes are of such a nature that, in the opinion of the Division of Health, they will not damage, clog, or otherwise interfere with the normal operation of the sewerage system nor with the operation of any sewage treatment plant or sewage treating devices.
(Ord. No. 80-10 §1; CC §28.760)

Section 700.270: Butcher's Wastes Discharged into Sewer

It shall be unlawful for any person, firm, partnership, or corporation to discharge or cause to be discharged into any public sanitary sewer or into any private sewer which is connected to the public sanitary sewerage system any butcher's offal, dead animals, or liquids containing excessive quantities of silt, hair, fibers, grease, blood, feathers, or other obstructing materials.
(Ord. No. 80-10 §1; CC §28.770)

Section 700.280: Petroleum Products Discharged Into Sewer

It shall be unlawful for any person, firm, partnership or corporation to discharge or cause to be discharged into any public sanitary sewer or into any private sewer which is connected to the public sanitary sewerage system any oil, gasoline, petroleum, coal oil, grease, explosives, inflammable matter or oil wastes. Cleaning establishments, buildings used for housing or repairing automobiles, gasoline and oil service stations, and other buildings or establishments where gasoline, oil, grease, calcium carbide or other explosive or inflammable matters are stored, sold, or handled, the drains from which are connected to the public sewers must, at said establishments expense, be provided with an approved trap, so constructed, located, and maintained as to prevent the entrance into the sewer of such explosive or inflammable matter. Such trap shall be located on the sewer before its junction with any other pipe or receptacle containing sewage. The passage of human or fresh animal excrement through such trap is prohibited.
(Ord. No. 80-10 §1; CC §28.780; Ord. No. 11-11 §§1-2; 11-14-11)

Section 700.290: Water from Cooling Buildings Discharged Into Sewer

It shall be unlawful for any person to discharge or to cause to be discharged into any public sanitary sewer or into any private sewer which is connected to the public sanitary sewerage system any wastes or waters which have been used for industrial or private cooling or air conditioning purposes. Such wastes shall be kept separate from sanitary or other industrial wastes and shall be discharged into the nearest storm sewer or open water course.
(Ord. No. 80-10 §1; CC §28.790)

Section 700.300: Sewer Connection Broken, As Penalty

In the event that satisfactory compliance of the various Sections of this Chapter cannot be obtained within a period of sixty (60) days following receipt of notification of such violation by the offender, the Board of Aldermen may order the offending person, firm, partnership, or corporation to disconnect from the municipal sewerage system or may order the connection broken by municipal employees, provided however, that the offending party must be notified at least sixty (60) days in advance of the date the connection must be broken.
(Ord. No. 80-10 §1; CC §28.795)

Section 700.310: Sewer Rates — Policy

A. The water rate for the City of Marble Hill shall be set as follows: The minimum water charge for any water customer whose account arises from within the location of the corporate city limits of the City of Marble Hill shall be Fifteen Dollars [15.00], per month. The minimum charge for any account arising out of water usage to a location outside the corporate city limits of the City of Marble Hill, shall be Thirty Dollars ($30.00), per month. The minimum charge shall apply for usage of water on all accounts, not to exceed 2,500 gallons of water. For accounts located within the corporate city limits, an additional charge of thirty-five cents [$0.35] shall be assessed for each 100 gallons used over 2,500 gallons of water. Outside the corporate city limits, an additional charge of seventy cents ($0.70) shall be assessed for each 100 gallons of water used over 2,500 gallons of water.

In addition, with respect to multi-unit complexes, (as that term is defined in the Code of Ordinances of the City of Marble Hill, Missouri, in Section 700.450 F), For amounts of water in excess of the amount of water determined by multiplying the number of units occupied during the month by 2500 gallons. The charge shall be thirty-five cents [$0.35] per 100 gallons (if located within the city limits) and seventy cents ($0.70) per 100 gallons (if located outside the city limits) in excess of the amount determined by multiplying the number of units occupied by 2500 gallons of water.

B. The sewer rate for the City of Marble Hill shall be set as follows: The minimum charge for any sewer customer whose account arises from within the location of the corporate city limits of the City of Marble Hill shall be Sixteen Dollars [$16.00], per month. The minimum charge for any account arising out of sewer usage to a location outside the corporate city limits of the City of Marble Hill, shall be Thirty-Two Dollars ($32.00), per month. The minimum charge shall apply for usage of sewer on all accounts, not to exceed 2,500 gallons. For accounts located within the corporate city limits, an additional charge of Thirty-seven cents ($0.37) shall be assessed for each 100 gallons used over the initial 2,500 gallons. Outside the corporate city limits, an additional charge of Seventy-four cents ($0.74) shall be assessed for each 100 gallons used over the initial 2,500 gallons.

In addition, with respect to multi-unit complexes, (as that term is defined in the Code of Ordinances of the City of Marble Hill, Missouri, in Section 700.450 F), For accounts in excess of the amount determined by multiplying the number of units occupied during the month by 2500 gallons. The charge shall be Thirty-Seven Cents ($0.37) per 100 gallons (if located within the city limits) and Seventy-four Cents ($0.74) per 100 gallons (if located outside the city limits), in excess of the amount determined by multiplying the number of units occupied by 2500 gallons.
(Ord. No. 09-14 §1-4; 9-1-09)

Section 700.320: Sewer Rates

The assessment by the City of Marble Hill, Missouri, for sewer service shall be an amount equal to one-half ('h) of that person's water bill provided said person is hooked up to the City of Marble Hill, Missouri's sewer system.
(Ord. No. 87-2 §3; CC §28.810)

Section 700.330: Free Sewer Service

No sewerage services shall be furnished or rendered free of charge to any person, firm or corporation, other than the City itself.
(Ord. No. 80-10 §1; CC §28.820)

Section 700.340: Water Usage Measured, How

The quantity of water used upon any premises furnished with sewerage services by the sewerage system of the City shall be measured by the water meter or meters serving the premises; provided however, that if any occupant or owner of any premises connected with the sewerage system of the City shall not have a water meter installed on his premises measuring all water received thereon from all sources then such occupant or owner shall, at his expense, install and maintain on said premises a water meter or meters satisfactory to the Superintendent of the sewerage system of the City, or other representative of the City, which meter shall measure all water received on said premises from all sources, and, in such case, the sewerage rates to be charged such customer shall be based upon the aggregate quantity of water received on said premises as measured by said meter or meters. The Superintendent of the sewerage system of the City or other representative of the City shall have access to the premises of such customer at all reasonable times for the purpose of inspecting and testing said water meter or meters and reading the records thereof.
(Ord. No. 80-10 §1; CC §28.830)

Section 700.350: Additional Industrial Users

A. Any manufacturing business located within the corporate City limits of the City of Marble Hill, that has a water usage in excess of fifty thousand (50,000) gallons per month for its manufacturing or factory usage, and its said total usage does not include any usage which is specifically used to service any equipment associated with the manufacturing or factory processes, that customer may make application to the Board of Aldermen of the City of Marble Hill to be placed on the manufacturing usage water rate.

B. Any water user who has been designated a factory user, as that designation is defined in Subsection (A) herein, shall be entitled to have its water billed for factory usage, as that amount of usage shall be determined by the Board of Aldermen, at five and one-half cents ($0.055) per one hundred (100) gallons of usage.

C. At the request of the Board of Aldermen, any factory applying for factory usage may be required to have its water usage metered in multiple meters. The cost of installation of said meters, as well as the cost of said meters, shall be borne by the factory requesting said meter age.
(Ord. No. 90-25 §§1-3; 11-26-90; Ord. No. 94-13 §1; 5-16-94)

Section 700.360: Sewer Bills

The Superintendent of the sewerage system of the City and the City Clerk or such other officers or representatives of the City as may be designated from time to time shall cause all bills for sewerage services to be rendered monthly as services accrue. All bills shall be due and payable from and after the date when such bills are rendered, at the office of the City Clerk or other place designated, by the Board of Aldermen, during the regular hours of business. The City's representative preparing such bills shall calculate the amount of each bill for sewerage services and shall add the same to the amount of the bill of the customer for water and water services, and shall render such customer a combined bill for such water and sewerage services.
(Ord. No. 80-10 §1; CC §28.850)

Section 700.370: Sewer-Late Payment Penalty

If any bill for sewerage services shall be and remain due and unpaid after the fifteenth (15th) day following the date of the rendition thereof, an additional charge of ten percent (10%) thereof shall be added thereto.
(Ord. No. 80-10 §1; CC §28.860)

Section 700.380: Sewer Services Disconnected, When

If any customer receiving sewerage services from the sewerage system of the City shall fail to pay his, her or its bill for a period of thirty (30) days after the date of the rendition thereof, such customer shall not be permitted or entitled to receive water or sewerage services from the City and the water services to such premises shall be disconnected and shall not be reconnected until all past due bills for both water services and sewerage services are paid in full, and a reconnection charge of ten dollars ($10.00). It shall be the duty of the City Clerk or other representative of the City charged with the responsibility of receiving payment for water and sewerage services to notify the Superintendent of the City's sewerage system of any delinquency in the payment of a bill, and said Superintendent shall proceed immediately to disconnect the water service to the premises so in arrears.
(Ord. No. 80-10 §1; CC §28.865)

Section 700.390: Tenant and Landlord Liability for Sewerage Services

The occupant and user of the premises receiving sewerage services and the owner of said premises shall be jointly and severally liable to pay for such services rendered on said premises. The City shall have power to sue the occupant or the owner, or both, of such real estate in a civil action to receive any sums due for such services, plus a reasonable attorney's fee to be fixed by the Court.
(Ord. No. 80-10 §1; CC §28.870)

Section 700.400: Sewer Connections

Application for sewerage services to premises not connected with the City's sewerage system shall be made to the City Clerk or other person designated by the Board of Aldermen by the occupant or owner of the premises to be served accompanied by an application fee of $ and thereupon such applicant shall have the right to connect with the sewerage system of the City, all costs of such connection to be borne by such applicant.
(Ord. No. 80-10 §1; CC §28.875)

Section 700.410: Tamper With Sewer

It shall be a misdemeanor for any person or persons to tamper with any sewer line or to make any connection to the sewerage system of the City without written permission from the City, or to reconnect sewerage services when such services have been discontinued for non-payment of a bill for sewerage services, unless such bill for sewerage services has been paid in full. Upon conviction, there shall be a fine imposed of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).
(Ord. No. 80-10 §1; CC §28.880)

Section 700.420: Penalty on Delinquent Bills

To all water, sewer, and trash collection bills which are unpaid on the fifteenth (15th) day of the month following presentment there shall be added a penalty of ten percent (10%) of the total charge.
(Ord. No. 80-10 §1; CC §28.900)

Section 700.430: Water Rates

The minimum water charge for any water customer whose account arises from within the location of the corporate City limits of the City of Marble Hill shall be seven dollars fifteen cents ($7.15) per month. The minimum charge for any account arising out of water usage to a location outside the corporate City limits of the City of Marble Hill, shall be fourteen dollars thirty cents ($14.30) per month. The minimum charge shall apply for usage of water on all accounts, not to exceed two thousand five hundred (2,500) gallons of water. For accounts located within the corporate City limits, an additional charge of twelve cents ($0.12) shall be assessed for each one hundred (100) gallons used over two thousand five hundred (2,500) gallons of water. Outside the corporate City limits, an additional charge of twenty-four cents ($0.24) shall be assessed for each one hundred (100) gallons of water used over two thousand five hundred (2,500) gallons of water.
(Ord. No. 89-30 §2; Ord. No. 94-13 §2; 5-16-94)

Section 700.440: Water Hookup Deposit Required

For all persons desiring a water hookup either within the corporate City limits of the City of Marble Hill or outside the corporate City limits of the City of Marble Hill, a deposit of one hundred fifty dollars ($150.00) shall be required before any hookup shall be made or any water service provided. This charge shall apply to both residential and commercial water customers of the City of Marble Hill, Missouri.
(Ord. No. 87-2 §2)

Section 700.450: Water and Sewer Rates for Multi-Unit Complexes

A. For all multi-unit complexes, the utility rates which are set according to the provisions of this Section shall have the occupancy of said number of units determined as of the first business day of each month. On the first business day of each month, the City Clerk, the Water Supervisor or any other duly authorized person by the Board shall determine the occupancy of each multi-unit complex and provide the information to the City Collector of the City of Marble Hill as to allow for the present billing of the utilities to be billed for the month in question.

B. Water rates for multi-unit completed referred to in this Section shall be as follows:

For amounts of water not to exceed an amount of water determined by multiplying the number of units occupied in a month by two thousand five hundred (2,500) gallons. The charge shall be the minimum water rate multiplied by the number of units occupied during the month as shall be determined in this Section.
For amounts of water in excess of the amount of water determined by multiplying the number of units occupied during the month by two thousand five hundred (2,500) gallons. The charge shall be twelve cents ($0.12) per one hundred (100) gallons of water in excess of the amount determined by multiplying the number of units occupied by two thousand five hundred (2,500) gallons of water plus the amount heretofore determined as of Subsection (A) of this Section.

C. The sewer rate for multi-unit shall be one half ('h) of the total amount of the water utility bill as determined in Section two (2) of this Section.

D. This Section does not intend to require the City of Marble Hill to monthly inventory the various multi-unit complexes in order to set the appropriate rates. The City shall, from time to time, inventory the various multiunit complexes on a random basis to verify that the rates charged are in compliance with this Section. Any owner desiring to have his rate modified by reason of a change in the units occupied shall have the burden of notifying the City of Marble Hill timely in order to modify said rate. Any owner or occupant of said building seeking to modify its rates without having timely advised the City of Marble Hill of any changes shall not be entitled to any refunds from any billed utility charges. For purposes of this Section, timely notice shall be noticed to the City Collector of the City of Marble Hill, Missouri, of any changes on or before the first business day of each month.

E. This Section shall apply only to those multi-unit complexes located in the City of Marble Hill, Missouri, which does not have individual water meters for each of the occupied units.

F. For purposes of this Section, the following definitions shall be applicable:
MULTI-UNIT COMPLEXES: Shall be referred to those buildings which have been sub-divided in such a manner that there are two (2) or more distinct and separate uses being made by portions of the building and for which said uses of the building are in separate or not individually served by individual water meters and which shall run its total City utility billing through one (1) monthly billing. This Section shall not apply to any person renting or leasing a building which shall operate separate business owned by that individual. This Section shall apply to any buildings which contains a business and which also contains residential apartment or apartments, one of which may be occupied by the owner of the building.
UNITS OCCUPIED: Shall be referred to and be defined as the number of units rented, leased, or otherwise occupied on the first business day of each month.
(Ord. No. 89-9 §§1-7; Ord. No. 94-13 §3; 5-16-94)

Section 700.460: Violation and Penalty

Any person who shall violate any of the provisions of Chapter 700 of the Municipal Code of the City of Marble Hill, Missouri, except for those provisions of Sections 700.030, 700.040, 700.050, 700.130, 700.310, 700.320, 700.350, 700.360, 700.370, 700.420, and 700.430, shall be deemed guilty of a misdemeanor; and upon conviction thereof, unless otherwise provided for in Chapter 700, shall receive a fine not to exceed five hundred dollars ($500.00) or confinement in City Jail for a term not to exceed ninety (90) days, or by any combination of said fine and/or jail confinement. Each day that said violation for the aforementioned Chapter 700 shall exist, it shall be considered a separate violation and shall be subject to prosecution thereon.
(Ord. No. 94-20 §1; 6-13-94)

Section 700.470: Owner to be Responsible Delinquency — Special Tax Bill

A. All owners of any real estate located within the City limits of the City of Marble Hill, Missouri, shall be responsible for the payment of all water; sewer and solid waste service provided to said premises whether said services are provided to the owner or to any occupant or tenant of said owner.

B. Any owner of any property which shall have any delinquent water, sewer or solid waste charges remaining from an occupant or tenant thereof shall be given a Notice by the City providing a minimum of twenty (20) days of the City's intent to place a special assessment on the real estate of said property. Within twenty (20) days of the receipt of said notice of intent to levy special assessment, the owner of any property may request in writing a hearing to be held by the Board of Aldermen of the City of Marble Hill either at a regularly scheduled meeting or by any special meeting that may be called for that specific purpose to determine whether or not said special assessments shall be legitimately charged. Upon receipt of said request for hearing, the Board of Aldermen of the City of Marble Hill, Missouri, shall set up a hearing, which said hearing shall be conducted within thirty (30) days after the receipt of request for said hearing, to determine the legitimacy of said charges sought to be specially assessed. If the Board of Aldermen of the City of Marble Hill shall determine said charges are legitimate, the owner of the property shall be given thirty (30) clays within which to either appeal said fading of the Board of Aldermen of the City of Marble Hill to the Circuit Court of Bollinger County, Missouri, under the procedures and guidelines under the Statutes of the State of Missouri, or, in the alternative, to pay said delinquencies without penalty. If no appeal of said ruling shall be made, and if said delinquencies are not paid within the time period specified above, at the conclusion of the aforementioned thirty (30) day time period, the Board of Aldermen may cause to be issued a special assessment against said premises for all delinquencies, any delinquent water, sewer and solid waste charges which shall be specially assessed against the real estate for which the services were provided and which said social assessments shall be collected in the same manner by the City Collector of the City of Marble Hill, or the general revenue levies of the City of Marble Hill, Missouri. All special assessments shall carry the interest rate of nine percent (9%) per annum, simple interest with said interest from the date of the original delinquency. This interest shall be in addition to any other delinquency penalties assessable.
(Ord. No. 92-23 §§1-2; 12-28-92)

Changes:
(Changed by Ord.# 05-11)

Section 700.480: Deposit Required-When

A. No owner or occupant of any commercial or residential premises located within the City limits of the City of Marble Hill, Missouri, or which shall occupy any premises which has municipal water service provided to it by the City of Marble Hill outside the City limits of the City of Marble Hill, shall obtain, use, take or otherwise perform any act or acquiesce in any condition or action which would allow for the owner or occupant of any of the above described premises to receive municipal water, sewer or solid waste service, without having first paid to the City Collector of the City of Marble Hill, the appropriate water and sewer deposit which shall be required and set forth in the various ordinances of the City of Marble Hill.

B. "Occupant" shall hereby be deemed as any person or commercial entity who is eighteen (18) years of age or older who occupies any premises regularly excluding a temporary visitor, which shall occupy any premises described in Subsection (A) of this Section.

C. Any person who violates this Section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be assessed a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00). In edition to the previously described punishment, any such person so convicted of violating the terms of this Section shall be required to pay a water sewer and solid waste charges at the minimum rates for each month beginning with the month of occupancy by the occupant after which no water meter was deposited as described above.
(Ord. No. 92-25 §§1-3; 12-28-92)

Section 700.490: Tampering with Water Meter or Water System

A. No person shall tamper with, interfere with, modify, alter or otherwise perform any act which will allow for water to flow through a water meter or to by-pass a water meter to provide service to any residential or commercial premises located within the City of Marble Hill, Missouri, or otherwise have water service provided for by the City of Marble Hill, Missouri, in such a manner that said water is not metered in accordance with the rules, regulations and procedures of the City of Marble Hill, Missouri.

B. Any person violating this Section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be assessed a fine of not more than five hundred dollars ($500.00) or incarcerated in the City Jail for a term not to exceed ninety (90) days or by any combination of said fine and/or incarceration.
(Ord. No. 92-26 §§1-2, 12-28-92)

Section 700.500: Fees for Water and Sewer Services

The following fee schedule is hereby established for the following services:

Water Department
a. Setting water meter $125.00
b. Water tap and setting water meter $250.00
c. Water tap and setting water meter (1 inch or larger) $300.00 plus reimbursement of all cost incurred in purchasing meter
d. Service turn on $10.00
e. Service turn off $10.00
Sewer Department Inspection permit $50.00
Labor
Any employee labor $12.00 per hour
Equipment
a. All City equipment excluding backhoe $25.00 per hour or any part thereof
b. Backhoe $50.00 per hour or any part thereof

(Ord. No. 94-26 â, 7-11-94)

Section 700.510: Shut Off Permit for Purposes of Repair

A. A licensed, insured plumber may, subject to the following requirements, turn off water service for a customer when it becomes necessary to do so for plumbing repairs or service.

The plumber shall apply for a City permit which will be renewed annually. The applicant shall provide the City with proof of liability insurance and licensing and shall maintain the same throughout the period of the permit as a condition of the permit. The fee for the plumber's shut-off permit shall be ten dollars ($10.00).
When the permittee desires to turn off water service for a customer pursuant to this procedure, the permittee shall first notify the City of his/her intent to do so and the anticipated time needed for the repairs and/or se
Plumbers who do not have a permit pursuant to this Section must contact the City for water service shutoff.
A permittee may not turn on water service for any customer whose service has been terminated for non- payment.
When utilizing this procedure, the permitee or customer shall install at the customer's cost, a manual shut-off valve to be placed between the water meter and the building or structure. The manual shut-off valve shall be inspected by an employee of the Marble Hill Water Works Department before the water service is turned back on.

B. Any person who shall violate any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished pursuant to Section 100.050 of this Code.
(Ord. No. 96-09 §§1-2; 10-14-96; Ord. No. 2011-07 §2; 7-11-11;)

Chapter 703: CROSS-CONNECTION CONTROL

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Section 703.010: Cross-Connection Control-General Policy Section

A. Purposes: The purpose of this Chapter is:

To protect the public potable water supply from contamination or pollution by containing within the consumer's internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.
To promote the elimination, containment, isolation, or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and non-potable water systems, plumbing fixtures, and industrial-process systems.
To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.

B. Application: This Chapter shall apply to all premises served by the public potable water system of the City of Marble Hill, Missouri.

C. Policy:

This Chapter will be reasonably interpreted by the water purveyor. It is the water purveyor's intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
The water purveyor shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is rebuked to implement and maintain the program to control cross-connections. The water purveyor and consumer are jointly responsible for preventing contamination of the water system.
If, in the judgment of the water purveyor or his authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his own expense; and failure, refusal, or inability on the part of the consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.

(Ord. No. 91-16 §I; 6-24-91)

Section 703.020: Definitions

The following definitions shall apply in the interpretation and enforcement of this Chapter:

AIR-GAP SEPARATION: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one (1) inch.

AUXILIARY WATER SUPPLY: Any water source or system, other than the public water supply, that may be available in the building or premises.

BACKFLOW: The flow other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.

BACKFLOW PREVENTION DEVICE: Any device, method, or type of construction intended to prevent backflow into a potable water system.

CONSUMER: The owner or person in control of any premises supplied by or in any manner connected to a public water system.

CONTAINMENT: Protection of the public water supply by installing a cross-connection control device or air-gap separation on the main service line to a facility.

CONTAMINATION: An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

CROSS-CONNECTION: Any physical link between a potable water supply and any other substances, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.

DEGREE OF: An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

Hazard health: Any condition, device, or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.
Hazard plumbing: A plumbing type cross-connection in a consumer's stable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
Hazard pollution: An actual or potential threat to the physical properties of the water system or to the portability of the public or the consumer's potable water system but which would constitute a nuisance or be essentially objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
Hazard system: An actual or potential threat of severe damage to the physical properties of the public potable water system other consumer's potable water system, or of a pollution or contaminaton which would have a protracted effect on the quality of the potable water in the system.

INDUSTRIAL PROCESS SYSTEM: Any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.

ISOLATION: Protection of a facility service line by installing a cross-connection control device or air-gap separation on an individual fixture, appurtenance, or system.

POLLUTION: The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.

PUBLIC POTABLE WATER SYSTEM: Any publicly or private owned water system supplying water to the general public which is satisfactory for drinking, culinary, and domestic purposes and meets the refinements of the Missouri Department of Natural Resources.

SERVICE CONNECTION: The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

WATER PURVEYOR: The Owner, Operator, or individual in responsible charge of a public water system.
(Ord. No. 91-16 §II 6-24-91)

Section 703.030: Cross-Connection Prohibited

A. No water service connection shall be installed or maintained to any premises where actual or potential cross- connections to the public potable or consumer's water system may exist unless such actual or potential cross- connections are abated or controlled to the satisfaction of the water purveyor, and as rebuked by the laws and regulations of the Missouri Department of Natural Resources.

B. No connections shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the water purveyor and the Missouri Department of Natural Resources.

C. No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the water purveyor as necessary for the protection of health and safety.
(Ord. No. 91-16 §III; 6-24-91)

Section 703.040: Survey and Investigations

A. The consumer's premises shall be open at all reasonable times to the water purveyor, or his authorized representative, for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there am actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water system.

B. On request by the water purveyor or his authorized representative, the consumer shall furnish information on water use practices within his premises.

C. It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system.
(Ord. No. 91-16 §IV; 6- 24-91)

Section 703.050: Type of Protection Required

The type of protection required by this Chapter shall depend on the degree of hazard which exists, as follows:

An approved air-gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
An approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a system or health hazard.
An approved air-gap separation or an approved reduced pressure principle back-flow prevention device or an approved double-check valve assembly shall be installed where the public potable water system may be polluted with substances that could cause a pollution hazard not dangerous to health.

(Ord. No. 91-16 §V; 6-24-91)

Section 703.060: Where Protection Is Required

A. An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the water purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.

B. An approved air-gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the water purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow prevention device is required to be installed. This includes but is not limited to the following situations:

Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the water purveyor and the Missouri Department of Natural Resources.
Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
Premises where entry is restricted so that inspection for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.
Premises having a repeated history of cross-connections being established or re-established.
Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage or backpressure should occur, a serious health hazard may result.

C. The following types of facilities fall into one (1) or more of the categories of premises where an approved air-gap separation or reduced pressure principle backflow prevention device is required by the water purveyor and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the water purveyor and the Missouri Department of Natural Resources:

Aircraft and missile plants.
Automotive plants.
Auxiliary water systems.
Beverage bottling plants.
Canneries, packing houses, and reduction plants.
Car washing facilities.
Chemical manufacturing, processing, compounding or treatment plants.
Film laboratories.
Fire protection systems.
Hazardous waste storage and disposal sites.
Hospitals, mortuaries, clinics.
Irrigation and sprinkler systems.
Laundries and dye works.
Metal manufacturing, cleaning, processing and fabricating plants.
Oil and gas production, storage or transmission properties.
Paper and paper products plants.
Plating plants.
Power plants.
Printing and publishing facilities.
Radioactive material processing plants or nuclear reactors.
Research and analytical laboratories.
Rubber plants, natural and synthetic.
Sewage and storm drainage facilities - pumping stations.
Water front facilities and industries.

(Ord. No. 91-16 §VI; 6-24-90)

Section 703.070: Backflow Prevention Devices

A. Any backflow prevention device required by this Chapter shall be of a model or construction approved by the water purveyor and the Missouri Department of Natural Resources.

Air-gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one (1") inch.
A double-check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the water purveyor, and shall appear on the current "list of approved backflow prevention devices" established by the Missouri Department of Natural Resources.

B. Existing backflow prevention devices approved by the water purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this Chapter so long as the water purveyor is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the water purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Chapter.
(Ord. No. 91-16 §VII; 6-24-91)

Section 703.080: Installation

A. Backflow prevention devices required by this Chapter shall be installed at a location and in a manner approved by the water purveyor and shall be installed at the expense of the water consumer.

B. Backflow prevention devices installed on the service line to the consumer's water system shall be located on the consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.

C. Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.
(Ord. No. 91-16 §VIII; 6-24-91)

Section 703.090: Inspection and Maintenance

A. It shall be the duty of the consumer at any premises on which backflow prevention devices required by this Chapter are installed to have inspection, tests, and overhauls made in accordance with the following schedule or more often where inspections indicate a need.

Air-gap separations shall be inspected at the time of installation and at least every twelve (12) months thereafter.
Double-check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty (30) months.
Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five (5) years.

B. Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by a State of Missouri certified backflow prevention device tester.

C. Whenever backflow prevention devices required by this Chapter are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.

D. The water consumer must maintain a complete record of each backflow prevention device from purchase to retirement This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. Records of inspections, tests, repairs, and overhauls shall be made available to the water purveyor upon request.

E. Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the water purveyor.
(Ord. No. 91-16 §IX; 6-24-91)

Section 703.100: Violations

A. The water purveyor shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this Chapter is not installed, tested, and maintained in a manner acceptable to the water purveyor, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises.

B. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this Chapter to the satisfaction of the water purveyor.

C. A person who is in violation of this Chapter shall be deemed as having committed a misdemeanor and upon conviction thereof, shall be assessed a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), or by incarceration in the City Jail in the City of Marble Hill, Missouri.
(Ord. No. 91-16 §X, 6-24-91)

Section 703.110: Separate Offense

Each day that a consumer shall be in violation of this Chapter, shall be a separate offense for purposes of enforcement of the duties and obligations as set forth in this Chapter.
(Ord. No. 91-16 §XI; 6-24-91)

Chapter 705: WASTEWATER TREATMENT WORKS

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Section 705.010: Scope

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating and maintaining public wastewater treatment works.
(Ord. No. 90-14 Art. I, 7-31-90)

Section 705.020: Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

BOD (denoting Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20° C), expressed in milligrams per liter (mg/1).

NORMAL DOMESTIC WASTEWATER: Wastewater that has a BOD concentration of not more than three hundred (300) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.

OPERATION AND MAINTENANCE: All expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

REPLACEMENT: Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works are designed and constructed. The term "operation and maintenance" includes replacement.

RESIDENTIAL CONTRIBUTOR: Any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

SHALL: Is mandatory; MAY: Is permissive.

SS (denoting Suspended Solids): Solids that either floats on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

TREATMENT WORKS: Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

USEFUL LIFE: The estimated period during which a treatment works will be operated.

USER CHARGE: That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of wastewater treatment works.

WATER METER: A water volume measuring and recording device, furnished and/or installed by the City of Marble Hill or furnished and/or installed by a user and approved by the City of Marble Hill.
(Ord. No. 90-14 Art. H, 7-31-90)

Section 705.030: User Charge System- Purpose

A. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement which the City may by ordinance designates to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this Chapter.

B. That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 705.040, shall be deposited in a seperate non-lapsing fund known as the "Operation, Maintenance and Replacement Fund" and will be kept in two (2) primary accounts as follows:

An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the Replacement Account shall be made annually from the operation, maintenance and replacement revenue in the amount of seventeen thousand three hundred dollars ($17,300.00) annually.

C. Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
(Ord. No. 90-14 Art. B1, 7-31-90)

Section 705.040: User Shall Pay According to Water Usage

A. Each user shall pay for the services provided by the City based on his use of the treatment works as determined by water meters acceptable to the City.

B. Residential, Industrial and Commercial Contributors.

Residential Contributors: For residential contributors, monthly user charges will be based on actual water usage during that current month.
Industrial and Commercial Contributors: For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on wastewater meters or separate water meters installed and maintained at the contributor's expense, and in a manner acceptable to the City.

C. The minimum charge per month for users inside the City limits of Marble Hill shall be five dollars fifty-eight cents ($5.58) and shall be calculated based on the minimum charge (one dollar seventy cents ($1.70) plus two thousand five hundred (2,500) gallons of usage as based on water meter readings. In addition, each contributor inside the City limits of Marble Hill shall pay a user charge rate for operation and maintenance including replacement of one dollar fifty- five cents ($1.55) per one thousand (1,000) gallons of water as determined in the preceded Section.

The minimum charge and user charge rates for users outside the City limits of Marble Hill shall be calculated on the basis of two (2) times the minimum rate and two (2) times the user charge rate as listed above.

D. For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to operation and maintenance including replacement is:

$0.16 per pound BOD
$0.07 per pound SS

E. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substances which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.

F. The user charge rates established in this Chapter apply to all users, regardless of their location, of the City's treatment works.

G. Reference is made to Appendix A which is on file in the City Clerk's Office.
(Ord. No. 90-14 Art. IV, 7-31-90; Ord. No. 94-13 §§4-5, 5-16-94; Ord. No. 95-13 §§1-3, 11-13-95)

Section 705.050: Billing Procedures

A. All users shall be billed monthly at the end of the month. Billings for any particular month shall be due when the billings are made and shall be delinquent on the fifteenth (15th) day of the month for which said billing was mailed. Any payment not received by the fifteenth (15th) day of the month after the billing is made, shall be delinquent.

B. A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill at the time that said bill shall become delinquent. On the twentieth (20th) day of the month following any month in which a bill is delinquent, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid.
(Ord. No. 90-14 Art. V, 7-31-90)

Section 705.060: City to Review System Every Two Years

A. The City will review the user charge system every two (2) years, and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the promotional distribution of operation and maintenance including replacement costs among users.

B. The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement of the treatment works.
(Ord. No. 90-14 Art. VI, 7-31-90)

Chapter 710: FRANCHISE TAXES

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Section 710.010: Electric Franchise

A. Every person, firm or corporation engaged in the business of manufacturing, transmitting, distributing and selling electricity for lighting, heating and power and for any and all other purposes, shall pay to the City of Marble Hill as a license or occupation tax, five percent (5%) of the gross revenue derived from the sale and distribution of such electrical energy to residential and commercial users and customers within the City limits, which sum shall be paid by such concerns unto the City monthly, quarterly, or semiannually.

B. The tax required to be paid by this Section shall be in lieu of any other occupation or franchise tax required of any person, firm or corporation engaged in the business described above and nothing herein contained shall be so construed as to exempt any such person, firm or corporation from the payment to the City of the tax which the City may levy upon the real, or personal property belonging to such person, firm or corporation, nor the tax required of merchants or manufacturers for the sale of anything other than electric service, nor shall the tax therein required exempt any such person, firm or corporation from the payment of any other tax which may be lawfully required other than an occupational or franchise tax on the business described in the Subsection A of this Section.
(Ord. No. 80-10 §1; CC §83.010)

Section 710.020: Natural Gas

A. Every person, firm or corporation engaged in the business of transmitting, distributing and selling natural gas under franchise in this City, for lighting, heating and power and for any and all other purposes, shall pay to the City of Marble Hill, Missouri, as a license or occupational tax therefore a sum equal to two (2) times the gross revenue derived from the sale and distribution of such natural gas to residential and commercial customers within the City limits, which sum shall be paid by such concern unto the City semiannually.

B. The tax required to be paid by this Section shall be in lieu of any other occupation or franchise tax required of any person. firm or corporation engaged in the business described in Subsection A hereof, and nothing herein contained shall be so construed as to exempt any person, firm or corporation from the payment to the City of any tax which the City may levy upon the real or personal property belonging to such person, firm or corporation, nor the tax required of merchants and manufacturers for the sale of anything other than such natural gas service described herein, nor shall the tax herein required exempt any such person, firm or corporation from the payment of any other tax which may be lawfully required other than the occupational or franchise tax on the business described in the Subsection A of this Section.

C. The City Clerk, or his designated representative, shall have the right and privilege, during regular business hours, to inspect the books and records of the Grantee, pertaining to the distribution and sale of gas, in order to ascertain the correctness of the license tax paid pursuant to Subsections A and B hereof.
(LU/Ord. No. 80-2 §§13)

Section 710.030: Cable Television

Every person, firm, or corporation engaged in a cable television distribution operation shall pay to the City annually an amount equal to five percent (5%) of the annual gross service charge paid by the users within the City during the year, for the use of the streets and other facilities of the City in the operation of the CATV System and for the municipal supervision thereof. If during the period of this franchise the Federal Communication Commission authorized the payment of compensation to the City in excess of five percent (5%) as authorized but not to exceed the overall payment of ten percent ( 10%) of the annual gross service charge paid by the users. This annual payment shall be made to the City within sixty (60) days subsequent to the System's annual accounting period. This payment shall be in addition to any other tax or payment owed to the City by the Grantee, including any payment for ad valorem taxes, if any.
(Ord. No. 80-10 §1; CC §83.030)

Section 710.040: Telephone

Every person, firm, or corporation engaged in the business of supplying telephone service under a franchise from the City, shall pay annually, a sum equal to two and one-half percent (2.5%) of the gross revenue arising from the supplying of telephone and related services to the City of Marble Hill and such payments shall be made by January 31 of each year of the period covered during the term of this Chapter. Same shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the period during the term of this Chapter. The payment of the sum as herein provided, shall be subject to review at the end of each five (5) years, at which time said sum shall be raised or lowered proportionately in accordance with the comparative gross income of the Grantee as same may increase or diminish when compared to the base year.
(Ord. No. 80-10 §1; CC §83.040)

Chapter 715: CITY SALES TAX ON RESIDENTIAL UTILITY SERVICES

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Section 715.010: One-Half Percent Sales Tax

In accordance with Section 94.577 RSMo (1986), as amended, a sales tax of one-half (1/2) of one (1%) percent is hereby imposed on the residence on the sale of retail on all tangible property or tangible services which are retailed in the City of Marble Hill provided that all such property and services are subject to taxation under the provisions of Section 144.010 through 144.510 of the Revised Statutes of the State of Missouri.
(Ord. No. 88-12 §1)

Section 715.020: Utility Sales to Residences Taxed

In accordance with Section 144.030 RSMo (1986), as amended, that a municipal sales tax of one-half (1/2) of one (1%) percent shall be imposed on all sales of meter water services, electricity, electrical current material, gas, artificial or propane gas and coal, all home heating oil used for non-business, non-commercial or non-industrial purposes.
(Ord. No. 88-12 §2)

Section 715.030: City Clerk to Notify State Director of Revenue

The City Clerk of the City of Marble Hill be and is hereby authorized and directed to notify the Director of Revenue for the State of Missouri within ten (10) days of June 15, 1988 by registered mail or certified mail forwarding a copy of this Chapter and a copy of the map of the City of Marble Hill clearly showing the boundaries of the City of Marble Hill, Missouri.
(Ord. No. 88-12 §3)

Section 715.040: City Clerk to Notify Utilities

The City Clerk be and is hereby authorized and directed to notify all utilities providing services described in Section 715.020 of this Chapter of the imposition of this sales tax and shall forward to the City utilities certified copies of this Chapter.
(Ord. No. 88-12 §4)

Section 715.050: Duration of Tax

A. The sales tax as imposed by this Chapter shall expire and shall no longer be of any force and effect and shall be null and void seventeen (17) years from the date of the actual imposition date and the effective date for the beginning of the collection of the sales tax as imposed by this Chapter.

B. The sales tax permitted for under this Chapter shall be in addition to any other sales tax presently being assessed on behalf of the City of Marble Hill, Missouri.
(Ord. No. 88-12 §6,7)

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