Bad Check Complaint Form Seventieth Judicial Circuit State Attorney

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					                                             TITLE I. GOVERNMENT CODE


                                             CHAPTER 100: GENERAL PROVISIONS


SECTION 100.010: CONTENTS OF CODE

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

   1.                   Ordinances hereafter adopted which are not of a general or permanent
        nature shall be numbered consecutively, authenticated, published and recorded in the
        book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed
        a part hereof.

   2.                   Ordinances which are of a general or permanent nature shall be
        prepared for insertion in this Chapter and be deemed a part hereof. (CC §10.010)


SECTION 100.020: CITATION OF CODE

   This Code may be known and cited as the "Scott City, Missouri, City Code."
   (CC §10.020)


SECTION 100.030: OFFICIAL COPY

   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 City Council to make the same part of such Code when the same have been
   printed or reprinted in page form, and to extract from such Code all provisions which from
   time to time may be repealed by the City Council. This copy of such Code shall be available
   for all persons desiring to examine the same.
   (Ord. No. 313 §7, 10-1-90)


SECTION 100.040: ALTERING CODE

   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 Scott City
   to be misrepresented thereby. Any person violating this Section shall be punished as
   provided in Chapter 110 of this Code. (Ord. No. 313 §8, 10-1-90)
§ 100.050                                                                                               Scot

SECTION 100.050: NUMBERING

    Each Section number of this Code shall consist of two (2) parts separated by a period; the
    figure before the period referring to the Chapter number, and the figure after the period
    referring to the position of the Section in the Chapter. The latter figure shall consist of three
    (3) digits. (CC §10.050)


SECTION 100.060: AMENDMENTS TO CODE

    Any and all additions and amendments to such Code when passed in such form as to indicate
    the intention of the City Council 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 Scott
    City", shall be understood and intended to include such additions and amendments. All
    amendments to this Code, duly passed by the City Council, shall be prepared by the City
    Clerk for insertion in this Code.
    (CC §10.060; Ord. No. 313 §4, 10-1-90)


SECTION 100.070: DEFINITIONS

    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 City Council, or unless
    the context clearly requires otherwise.

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

    CITY COUNCIL: The City Council of the City of Scott City.

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

    DAY: A day of twenty-four (24) hours, beginning at twelve o'clock (12:00) midnight.

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

    MAY: The word "may" is permissive.

    MAYOR: The Mayor of Scott City, Missouri.

    MONTH: A calendar month.

    OATH: Shall be construed to include 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: 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: Shall include 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 Code 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: Shall mean next before and next after, respectively.

PROPERTY: Shall include real and tangible and intangible personal property.

PUBLIC WAY: Shall include any street, alley, boulevard, parkway, highway, sidewalk or
other public thoroughfare.

REAL PROPERTY: The terms "real property", "premises", "real estate", or "lands" shall be
deemed to be co-extensive with lands, tenements and hereditaments.

SHALL: The word "shall" is mandatory.

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

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: 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: 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 persons who occupies the whole or a part of such building or land, whether
alone or with others.

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

YEAR: A calendar year, unless otherwise expressed. (CC §11.010)
SECTION 100.080: NEWSPAPER

     Whenever in this Code or other ordinances 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", regardless of its place of publication.
     (CC §11.020)


SECTION 100.090: WARDS

A.      Ward I. Ward I shall consist of the territory within the following boundaries:

     Begin at the intersection of the centerline of Lincoln Avenue with the centerline of Main
     Street, also known as Missouri Route "K"; thence in a Westerly direction along the
     centerline of Main Street, also known as Missouri Route "K", to its intersection with
     Wheeler Drive; thence Northerly along the centerline of Wheeler Drive, extended Northward
     to the North City limits; thence in a North and Easterly direction following the North City
     limits to the center of the median of United States Interstate I-55; thence in a general
     Northerly direction following the west boundaries of the City to the Northwest corner of the
     City limits above Nash Road in Cape Girardeau County, Missouri; thence in a general
     Easterly direction along the North boundary line of the City in Cape Girardeau County,
     Missouri to the Northeast corner of the Nash Road Industrial Tract; thence in a general
     Southerly and then Easterly direction along the East and North boundary line of the City to a
     point immediately North of Hilleman Drive (it being the intent of the City to include within
     Ward I all properties annexed to the City with the Nash Road Industrial Park Area); thence
     in a general Eastwardly then Northerly direction along the City limits line to the centerline of
     N. Lincoln Avenue as extended Westward to City limits; thence in an Easterly and then
     Southerly direction along the centerline of Lincoln Avenue to its intersection with Main
     Street, being the point of beginning.

B.      Ward II. Ward II shall consist of the territory within the following boundaries:

     Begin at the intersection of Lincoln Avenue with Main Street; thence in a general Westerly
     direction along the centerline of Main Street to its intersection with Wheeler Drive; thence in
     a general Northerly direction along the centerline of Wheeler Drive, extended Northward, to
     the North City limits line; thence in a general Southwesterly direction along the North City
     limits, across Highway M, to a point being the Southwest corner of the City of Scott City,
     Missouri; thence in a general Eastwardly direction along the South boundary line of the City
     to its intersection with East Second Street; thence in a general Northerly direction along the
     centerline of East Second Street to its intersection with the centerline of the St. Louis
     Southwestern Railroad Tracks; thence Westerly along the centerline of the St. Louis
     Southwestern Railroad Tracks to its intersection with Oak Street; thence in a Northerly
     direction along the centerline of Oak Street to its intersection with Main Street, also known
     as Highway K, being the point of beginning.

C.      Ward III. Ward III shall consist of the territory within the following boundaries;

     Begin at the intersection of the centerline of Lincoln Avenue with the centerline of Main
     Street, also known as Missouri Route "K"; thence in a general Northerly and then Westerly
     direction along the centerline of Lincoln Avenue to its intersection with City limits; thence
     in a Northerly direction to the North City limits line; thence in a general Easterly direction
     along the North City limits to its intersection with the centerline of Sycamore Street
     extended Northward; thence in a general Southerly direction along the centerline of
     Sycamore Street extended Northward, Sycamore Street, and Sycamore Street extended
     Southward, to its intersection with the St. Louis Southwestern Railroad Tracks; thence in a
     general Westerly direction along the centerline of the St. Louis Southwestern Railroad
     Tracks to its intersection with Oak Street; thence in a general Northerly direction to its
     intersection with Lincoln Street and Main Street, being the point of beginning.


D.      Ward IV. Ward IV shall consist of the territory within the following boundaries:

     Begin at a point where the centerline of Sycamore Street, as extended Southward abuts the
     centerline of the St. Louis Southwestern Railroad Tracks; thence in a general Northerly
     direction along the centerline of Sycamore Street extended Southward, Sycamore Street,
     Sycamore Street extended Northward, to the North City limits; thence in a general Easterly
     direction along the North boundary lines of the City to the East boundary line of the City;
     thence in a general Southerly direction along the East boundary line of the City; thence in a
     general Westerly and Northerly direction along the South boundary line to its point of
     intersection with the centerline of East Second Street; thence in a general Southerly direction
     along the centerline of East Second Street to its intersection with the centerline of the St.
     Louis Southwestern Railroad Tracks; thence in a general Westerly direction along the
     centerline of the St. Louis Southwestern Railroad Tracks to a point where said railroad tracks
     intersect the imaginary centerline of Sycamore Street extended Southward, being the point of
     beginning. (Ord. No. 10 §1, 4-21-80; Ord. No. 344 §1, 9-3-91; Ord. No. 354 §1, 11-18-91)


SECTION 100.100:             FEDERAL OLD-AGE SURVIVORS, DISABILITY AND
                         HEALTH INSURANCE

A.       It is hereby declared to be the policy and purpose of the City of Scott City, Missouri, to
     extend to all eligible employees and officials of said City who are not excluded by law or by
     this ordinance, and whether employed in connection with a governmental or proprietary
     function of said City, the benefits of the system of Federal Old-Age,
     Survivors, Disability and Health Insurance as authorized by the Sections 105.300 through
     105.440 RSMo. 1969, as the same may be now and hereafter in effect.

B.       The Mayor and the City Clerk of the City of Scott City, Missouri, are hereby authorized
     and directed, on behalf of this City to prepare, execute and submit to the Office of
     Administration, OASDHI Unit of the State of Missouri, as State Agency of the State of
     Missouri, a plan and agreement for extending said benefits to said eligible employees and
     officials of the City of Scott City, Missouri, in the form prepared by the State Agency and
     hereby approved and adopted by the City Council of this City, which plan and agreement are
     to become effective upon approval thereof by the State Agency, and are further authorized
     and directed to execute agreements and modifications and amendments thereof with said
     State Agency providing for the extension of said benefits to said employees and officials as
     set forth in said plan and agreement, as provided for in Subsection A hereof, said plan and
     agreement to provide that said extension of benefits is to be effective on January 1, 1981.

C.      Commencing on the first day of the month following the date of the approval of the plan
     and agreement of this City by the State Agency, there shall be deducted from the wages of
     all employees and officials of the City of Scott City, Missouri, to whom the benefits of said
     system of Federal Old-Age Survivors, Disability and Health Insurance are extended, by
     virtue of the plan and agreement hereinbefore provided for, the amount of each of said
     employees' and officials' contributions, as determined by the applicable State and Federal
     laws and by said plan and agreement, the aggregate amount of said deductions to be paid
     into the OASDHI Trust Fund created pursuant to Section 105.390 RSMo. 1969; provided
     however that from the first payment of wages made to each of said employees and officials
     after the benefits of said system have been extended to such employees and officials, there
     shall be deducted a sum equal to the amount which would have been due and payable from
     each said employee and official had said extension of benefits been provided and effective
     on January 1, 1981.

D.       Commencing on the first day of the month following the date of the approval of the plan
     and agreement of this City by the State Agency, there is hereby authorized to be
     appropriated from the General, Park, Street and Water Fund of the City of Scott City,
     Missouri, and there is, and shall be, appropriated, the sum or sums of money necessary to
     pay the contributions of the City of Scott City, Missouri, which shall be due and payable by
     virtue of the extension of the benefits of the Federal Old-Age, Survivors, Disability and
     Health Insurance System to the eligible employees and officials of said City, said sum or
     sums of money to be paid into the OASDHI Trust Fund created pursuant to Section 105.390
     RSMo. 1969; provided, however, that in making the first payment to said OASDHI Trust
     Fund, after the benefits of said system have been extended to such employees and officials,
     said first payment shall include a sum equal to the amount which would have been due and
     payable had said extension of benefits been provided and effective on January 1, 1981. The
     fund from which said appropriation is made will, at all times, be sufficient to pay the
     contributions of the City by this Section directed to be paid to said OASDHI Trust Fund.


E.       The City of Scott City, Missouri, from and after the approval of the plan and agreement
     of this City by the State Agency, shall fully comply with, and shall keep such records, make
     such reports and provide such methods of administration of said plan and agreement as may
     be required by all applicable State and Federal laws, rules and regulations, now and hereafter
     in effect with respect to the extension of the benefits of the Federal Old-Age, Survivors,
     Disability and Health Insurance System to the employees and officials of this City. For the
     purpose of administering said plan and agreement the City Clerk of this City shall be the
     official who shall make all required reports, keep all records, and be responsible for the
     administration of said plan and agreement on behalf of this City, and any and all notices and
     communications from the State Agency to this City with respect to said plan and agreement
     shall be addressed to: Scott City Clerk, 215 Chester Avenue, Scott City, Missouri, 63780.
     (Ord. No. 45 §§A-E, 1-5-81; Ord. No. 313 §9, 10-1-90)


SECTION 100.110:               ADOPTION OF CODE

A.      Except as hereinafter amended, 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 Scott
     City;" which shall supersede all other general and permanent ordinances of the City passed
     on or before July 11, 1990, to the extent provided in Section 100.120 hereof.

B.      All provisions of such Code shall be in full force and effect from and after October 1,
     1990. (Ord. No. 313 §§1-2, 10-1-90)
SECTION 100.120:               EXCEPTIONS TO REPEAL

     All ordinances of a general and permanent nature of the City adopted on final passage on or
     before July 11, 1990, and not included in such Code or recognized and continued in force by
     reference therein, are hereby repealed from and after October 1, 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.

     1.   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;

     2.   Ordinances levying taxes or making special assessments;

     3.   Ordinances appropriating funds or establishing salaries and compensation, and
          providing for expenses;

     4.   Ordinances granting franchises or rights to any person, firm or corporation;

     5.   Ordinances relating to the dedication, opening, closing, naming, establishment of
          grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks
          or public places;

     6. Ordinances authorizing or relating to particular public improvements;

     7.   Ordinances respecting the conveyance or acceptance of real property or easements in
          real property;

     8.   Ordinances dedicating, accepting, or vacating any plat or subdivision in the City or any
          part thereof, or providing regulations for the same;

     9.   Ordinances annexing property to the City;

B.      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. (Ord. No. 313 §3, 10-1-90)


SECTION 100.130:               OFFICE HOURS

     All City administrative offices located in City Hall shall be open from 8:00 A.M. until 5:00
     P.M. daily, Monday through Friday. (Ord. No. 476 §1, 5-1-95)
SECTION 100.140:           MISSOURI LOCAL                 GOVERNMENT            EMPLOYEES'
                       RETIREMENT SYSTEM

   The City of Scott City, an employer under the Missouri Local Government Employees'
   Retirement System, hereby elects the following:

   1.   To adopt a change in the contributions from covered employees 1994, in accordance
        with the provisions of Sections 70.705 and 70.730, RSMo., as amended by RSMo. 1998
        Supplement.

   2.   To adopt a change in the method of determining a member employee's final average
        salary, changing to a sixty (60) consecutive month period for determining a member
        employee's final average salary in accordance with Sections 70.600 and 70.656, RSMo.
        1994, as amended by RSMo. 1998 Supplement.

   3.   To adopt a change in the benefit program of member employees, keeping Benefit
        Program L-3 (one and one-fourth percent (1¼%)).

   4.   To adopt a change in the benefit program of member employees, keeping member
        employees option of retirement upon attaining minimum service retirement age.

   5. The Clerk shall certify this election to the Missouri Local Government Employees'
       Retirement System within ten (10) days hereof. Such election shall be effective on the
       first (1st) day of July 2003. (Ord. No. 729, 6-16-03)

                        CHAPTER 105: CONSTRUCTION OF ORDINANCES


SECTION 105.010:             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 City Council 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.
   (CC §12.010)


SECTION 105.020:             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. (CC §12.020)


SECTION 105.030:             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. (CC §12.030)
SECTION 105.040:           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 not suit, 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. (CC §12.040)


SECTION 105.050:             REPEAL NOT TO REVIVE FORMER ORDINANCE

   When an ordinance repealing a former ordinance, clause or provision 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. (CC §12.050)


SECTION 105.060:             SEVERABILITY

   It is hereby declared to be the intention of the City Council that the Chapters, Sections,
   paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase,
   clause, sentence, paragraph, Section, or Chapter of this Code shall be declared
   unconstitutional or otherwise invalid by the valid judgment 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 City Council without the incorporation in this
   Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or Section.
   (CC §12.060)


SECTION 105.070:             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.
   (CC §12.070)

SECTION 105.080: 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.

   1.                  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
     2.                   By mailing said notice by certified or registered mail to such owner at
           his last known address, or

     3.                   If the owner is unknown, or may not be notified under the requirements
           of Subsection (1) or (2) hereof, 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 any official notice or placard posted by any City Officer, unless
           permission is given by said Officer. (CC §12.080)


SECTION 105.090: NOTICE, EXCEPTIONS

     The provisions of the preceding Section shall not apply to those Chapters of this Code
     wherein there is a separate definition of notice. (CC §12.090)


SECTION 105.100: 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.
     (CC §12.100)


SECTION 105.105:                 EXTENSION OF TIME LIMITS

A.      In the event any person is unable, due to disability or act of God, to procure a license or
     permit or is unable to complete any act required in the Code within the time specified in the
     Code, the City Council may, upon written request, extend the time for obtaining the license
     or permit or the time to complete any required act set forth in the Code.

B.        Any request for extension shall be in writing and shall contain the following:

     1.    The disability or act of God preventing the completion of the act or the procurement of
           the license or permit.

     2.    The period of extension requested.

     3.    Documentation reflecting the disability or act of God precluding the applicant from
           completing any act required within the time specified.

C.        The Council, after reviewing the request, may grant an extension to a date certain.

D.        The Council is prohibited from granting an extension in the following cases:
     1.   Where an extension would jeopardize the public health and safety.

     2.   With regard to any time limits relating to proceedings in Municipal Court.

     3.   For violation of the Traffic Code as set forth in Chapters 300─375 of the Code.

     4.   For violations of offense set forth in Chapter 225 of the Code. (Ord. No. 845 §1, 5-19-
          08)

               Note─This ordinance is retroactive to December 10, 2007.


SECTION 105.110: 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. (CC §12.110)


SECTION 105.120: JOINT AUTHORITY

     Words importing joint authority to three (3) or more persons shall be construed as authority
     to a majority of such persons. (CC §12.120)


SECTION 105.130: 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. (CC §12.130)

                           CHAPTER 110: PENALTY

               Editor's Note─Ord. no. 819 §1, adopted April 2, 2007, repealed sections 110.010
                    "general penalty" and 110.020 "penalty as to amendments" and enacted the
                    new provisions set out herein. Former sections 110.010─110.020 derived
                    from ord. no. 313 §§5─6, 10-1-90.


SECTION 110.010:                GENERAL

A.       Whenever in this Code or any other ordinance of the City, or in any rule, regulation,
     notice or order promulgated by any officer or agency of the City under authority duly vested
     in them or if 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 an
     offense or a misdemeanor 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 Jail not
     exceeding ninety (90) days or by both such fine and imprisonment.

B.       Whenever any act is prohibited by this Code or 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 any person to do said act. Whenever any act is prohibited by
     this Code, an attempt to do the act is likewise prohibited. (Ord. No. 819 §1, 4-2-07)


                          CHAPTER 115: OFFICIALS


                          ARTICLE I. CITY COUNCIL


SECTION 115.010: QUALIFICATIONS OF COUNCILMEN; TERMS OF OFFICE

     No person shall be elected for the office of Councilman who is not twenty-one (21) years of
     age, a citizen of the United States, and an inhabitant of the City for one (1) year next
     preceding his election, and a resident of the Ward from which he is elected six (6) months
     next preceding his election; nor shall any person be elected a Councilman who is in arrears
     for any tax, lien, forfeiture or defalcation in office. All members of the Council shall hold
     their office for a term of two (2) years. (CC §21.010; Ord. No. 506 §1, 1-2-96)


SECTION 115.020: OATH

     Before entering upon the discharge of the duties of his office, each Councilman 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. (CC §21.020)


SECTION 115.030: MEMBERSHIP

     The members of the City Council shall be two (2) in number from each Ward of the City.
     (CC §21.030)


SECTION 115.035:               COUNCILMAN'S COMPENSATION

     Each councilman shall receive compensation for his/her services in the sum of thirty dollars
     ($30.00) per City Council meeting and ten dollars ($10.00) per committee meeting attended.
     Said compensation shall be paid out of the general revenue of the City on a monthly basis.
     (Ord. No. 573 §2, 8-8-97)

               Note─Ord. no. 577 states that the preceding salary shall be in force and effect
                   from and after April 1, 1999.
                         ARTICLE II. OFFICERS AND EMPLOYEES

SECTION 115.040: OFFICERS ENUMERATED

   The Offices of this City shall consist of:

   1.             The following elective Officers:

        a.             Mayor.

        b.             Councilmen (two (2) from each Ward).

   2.             And the following appointive Officers:

        a.             City Clerk.

        b.   Municipal Judge.

        c.             City Attorney.

        d.             City Collector.

        e.             Treasurer.

        f.             Chief of Police.

        g.             City Engineer.

        h.             Fire Chief.

        i.            Such other agents as may be appointed from time to time.
             (CC §21.100; Ord. No. 167 §1-2, 1-20-86; Ord. No. 313 §9, 10-1-90))


SECTION 115.050: TERM OF APPOINTIVE OFFICERS

   All appointive Officers shall be appointed to serve at the pleasure of the Mayor and the City
   Council. (CC §21.110)


SECTION 115.060:           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 appointed
   Police Officers, 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
   who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in
   office. All Officers, the City Attorney and other employees having only ministerial duties,
   shall be residents of the City. The residency of appointed Police Officers shall be governed
   by Chapter 200 of this Code. (CC §21.120)
SECTION 115.070: OATH OF OFFICE; BOND GENERALLY

   Every Officer of the City and his assistants, and every Councilman before entering upon the
   duties of his office shall take and subscribe to an oath or affirmation before some person
   authorized to administer oaths, that he possesses all qualifications prescribed for his office
   by law; that he will support the Constitution 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. The City
   may at its option maintain a blanket bond to cover all City employees in the faithful
   discharge of their duties.
   (CC §21.130)


SECTION 115.080: FORM OF OATH

   The oath required by the preceding Section shall be as follows:

       "I do solemnly swear (or affirm) that I possess all the qualifications prescribed for my
       office by law; that I will support the Constitution of the United States and of the State
       of Missouri, the provisions of all laws of this State affecting the cities of the Third Class
       and the ordinances of Scott City, Missouri, and will faithfully demean myself while in
       office".


       Subscribed and sworn to before me this       day of                 , 19   .
       (CC §21.135)


SECTION 115.090: 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. (CC §21.140)
SECTION 115.100: FORM OF COMMISSION

   The commission shall be as follows:

        State of Missouri
        County of Scott
        City of Scott City                      The City of Scott City to All Who Shall See
                                    These Presents: Greeting

        Know ye that in pursuance of                      and in pursuance of the State law and
        the ordinances of the City of Scott City made and provided, and by virtue of the power
        and authority in me vested, I do hereby appoint and commission to the office of
        and he is hereby authorized and empowered to discharge the duties of said office, with
        all the privileges and emoluments to the same right pertaining, unto him the said
        for and during the term of two (2) years from the date of this commission and until his
        successor in said office shall be duly qualified.
        (CC §21.145)

SECTION 115.110: SALARIES

   The City Council shall have the power to fix the compensation of all Officers or employees
   of the City by ordinance. 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 City
   Council shall from time to time provide. (CC §21.150; Ord. No. 573 §3, 8-18-97)


SECTION 115.120: ADMINISTRATION OF OATHS

   The Mayor, Municipal Judge, and City Clerk are hereby empowered and authorized to
   administer oaths or affirmations in the following cases:

   1.             The Mayor, to witnesses or other persons concerned with any subject under
        consideration by the City Council in which the interest of the City is involved.

   2.               The Municipal Judge, to witnesses, jurors, or other persons relating to any
        trial or other proceedings within the jurisdiction of his Court.

   3.            The City Clerk, to any person certifying to any demand or claim against the
        City concerning the correctness of the same. (CC §21.160)


SECTION 115.130: VACANCIES

   Vacancies shall be filled as follows:

   1.             If a vacancy occurs in any elective office, the City Council shall, upon
        recommendation by the Mayor, appoint a suitable person to fill the vacancy. The
        regular successor shall serve until the next regular election.

   2.             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 City Council 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 City Council.

   3.             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. (CC §21.170; Ord. No. 313 §9, 10-1-90)


SECTION 115.140: MAY NOT HOLD OTHER CITY JOB

   No person occupying the position of Mayor, Councilman, or any other elective City office
   shall hold any other elective or appointive office, or be an employee of the City.
   (CC §21.180)


SECTION 115.150: REMOVAL OF OFFICERS

   The Mayor with the consent of a majority of all the members elected to the City Council,
   remove from office, for cause shown, any elective Officer of the City, such Officer being
   first given opportunity, together with his witnesses, to be heard before the City Council
   setting as a Board of Impeachment. Any elective Officer, including the Mayor, may in like
   manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all the
   members elected to the City Council, independently of the Mayor's approval or
   recommendation. The Mayor may with the consent of a majority of all the members elected
   to the City Council, remove from office any appointive Officer of the City at will, and any
   such appointive Officer may be so removed by a two-thirds (2/3) vote of all the members
   elected to the City Council, independently of the Mayor's approval or recommendation. (CC
   §21.190)


SECTION 115.160: REQUIRE PRODUCTION OF PAPERS

   The Mayor or City Council shall have power as often as they may deem it necessary, to
   require any Officer of the City to exhibit his accounts or other papers, or records, and to
   make report to the City Council, in writing, touching any matter relating to his office. (CC
   §21.195)


                            ARTICLE III. MAYOR


SECTION 115.170: QUALIFICATIONS OF MAYOR

   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 four (4) years and until his successor
   shall be elected and qualified. No person shall be Mayor unless he be at least thirty (30)
   years of age, a citizen of the United States, and a resident of the City at the time of and for at
   least two (2) years next preceding his election. (CC §21.200; Ord. No. 505 §1, 1-2-96)
SECTION 115.180: STANDING COMMITTEES APPOINTED

   The Mayor shall, at the first meeting of the City Council 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 City Council. (CC §21.210)


SECTION 115.190: 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.
   (CC §21.220)

SECTION 115.200: APPOINT CERTAIN OFFICERS; CONTROL POLICE

   The Mayor, with the advice and consent of the City Council, shall have the power to appoint
   all appointive Officers of the City. He 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. (CC
   §21.250)


SECTION 115.210:          PRESIDING OVER CITY COUNCIL; VOTING RIGHTS;
                       SUPERVISION OF CITY AFFAIRS

   The Mayor shall have a seat in and preside over the City Council, but shall not vote on any
   question, except in case of 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. (CC §21.270)


SECTION 115.220: SIGN COMMISSIONS, CHECKS, APPROVE BONDS

   The Mayor shall sign the commissions and appointments of all City Officers, elected or
   appointed in the City, and shall approve all official bonds unless otherwise prescribed by
   ordinance. He shall sign all orders, drafts and checks drawn on the City Treasury and cause
   the City Clerk to keep an accurate record thereof in a book to be provided for that purpose.
   (CC §21.271; Ord. No. 463 §1, 3-6-95)


SECTION 115.230: ENFORCE LAWS

   The Mayor shall be active and vigilant in enforcing all laws and 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
   male inhabitant of the City over eighteen (18) years of age and under fifty (50), to aid in
   enforcing the laws. (CC §21.272)
SECTION 115.240: REMIT FINES

   The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons
   for offenses arising under the ordinances of the City; but this Section shall not be so
   construed as to authorize the Mayor to remit any costs which may have accrued to any
   Officer of said City by reason of any prosecution under the laws or ordinances of this City.
   (CC §21.272)


SECTION 115.250: APPOINT OFFICERS

   The Mayor, with the consent and approval of the majority of the members of the City
   Council, shall have power to appoint a Treasurer, Attorney, Clerk, Collector, Fire Chief,
   Public Works Director and Municipal Judge, Night Watchman and such other Officers
   as he may be authorized by ordinance to appoint, and if deemed for the best interests of the
   City the Mayor and City Council may, by ordinance, employ special counsel to represent the
   City either in case of a vacancy in the office of City Attorney or to assist the City Attorney,
   and pay reasonable compensation therefor.
   (CC §21.275; Ord. No. 313 §9, 10-1-90)


SECTION 115.260: RECEIVE LEGAL PROCESS

   Whenever any process or notice shall be served on the Mayor, in any legal or other
   proceedings against the City, or in which the City is a party, he shall immediately deliver the
   same or a sufficient notice thereof to the City Attorney for proper and necessary attention.
   (CC §21.275)


SECTION 115.270: COMMUNICATIONS TO COUNCIL

   The Mayor shall from time to time communicate to the City Council 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. (CC §21.280)


SECTION 115.280: APPROVAL OF BILLS; VETO POWER

   Every bill presented to the Mayor for his approval shall be returned by him to the City
   Council, with his approval endorsed thereon, or with his objections thereto, in writing, on or
   before the next regular meeting of the Council 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. (CC §21.290)


SECTION 115.290: COMPENSATION

   The Mayor shall receive as compensation for his/her services the sum of two thousand six
   hundred dollars ($2,600.00) per year, payable out of the general revenue of the City in
   monthly installments. (CC §21.295; Ord. No. 573 §1, 8-8-97)
               Note─Ord. no. 577 states that the preceding salary shall be in force and effect
                   from and after April 1, 2000.


                             ARTICLE IV. CITY ATTORNEY


SECTION 115.300: APPOINTMENT; TERM

     The Mayor, with the advice and consent of the City Council, at the first meeting after each
     annual City Election shall appoint a suitable person as City Attorney who shall hold office
     for one (1) year, unless sooner removed from office, and until his successor is appointed and
     qualified. (CC §21.300)

SECTION 115.310: 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. (CC §21.310)


SECTION 115.320: DUTIES; GENERALLY

     The City Attorney shall, in addition to his other duties which are or may be required by this
     Code or other ordinance, prepare all charges or complaints against any party, or parties,
     charged with violation of this Code or other ordinance of the City, and,
     when ordered by the Mayor or City Council 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 party, or in
     which the City is interested.

     1.             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, when the same is a contested
          case.

     2.             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 any other matter necessary to proper legal
          proceedings.

     3.             The City Attorney shall give his opinion to all City Officials. (CC §21.320)


SECTION 115.330: REPORT TO CITY COUNCIL

A.       The City Attorney shall attend meetings of the City Council when requested by the
     Mayor or majority of the City Council. Any member of the City Council 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.

B.      The City Attorney shall report to the City Council the condition of any matters pending
     or unsettled in the City Municipal Court, or any other proceeding pending in any other Court
   of which he may have charge under orders of the Mayor or City Council.
   (CC §21.330)


SECTION 115.340: 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 have been counsel adverse to the City, 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. (CC §21.340)


                            ARTICLE V. CITY CLERK


SECTION 115.350: SELECTION OF CITY CLERK

   When a vacancy arises in the office of City Clerk, the Mayor, with the advice and consent of
   the majority of the City Council, shall appoint a City Clerk, who shall serve at the pleasure
   of the Mayor and City Council. (Ord. No. 219 §2, 3-21-88)


SECTION 115.360: QUALIFICATIONS

   The City Clerk shall be at least twenty-one (21) years of age, a qualified voter of the City
   and shall have resided in this City for at least one (1) year prior to his election to be eligible
   to such office. (CC §21.410)


SECTION 115.370: 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 City Council.

   1.             The City Clerk shall attend all meetings of the City Council; keep and
        preserve the minutes of the proceedings of the Council, and transcribe the same in full
        in a well bound book to be known as the "journal" of the City Council. He shall safely
        keep all records and files belonging to the City deposited with him; he shall keep all
        accounts between the City, its Officers and employees and all persons having accounts
        with or claims against the City. He shall charge all City Officers with all money of the
        City coming into their hands, and credit them with all legal and authorized
        disbursements upon presentation of proper vouchers therefor; he shall keep the several
        funds of the City Revenue under appropriate headings in separate accounts, and keep
        such accounts balanced so that he may, whenever requested, give to the City Council or
        any Officer authorized to demand a statement an accurate and exact statement of the
        condition of such fund. He shall attest all warrants drawn upon the Treasury of the City
        by the authority of the City Council, and shall affix the Seal of the City to all warrants
      or other papers requiring such Seal.

2.              The Clerk shall sign, affix the Seal to, and record in a book kept for that
      purpose, all ordinances passed by the Council.

3.             The Clerk shall make a detailed report in writing at the regular meeting of the
      Council in each month of all warrants due upon the Treasury, to whom and for what
      purpose given, and also of all licenses issued, to whom, for what, and amount of
      license.

4.              He shall have custody of the books, records, papers and documents belonging
      to the City, except for the City personnel records which shall be maintained in the
      custody of the City Administrator.

5.              He shall prepare all certificates of election or appointment of the City
      Officers, and deliver the same to the persons elected or appointed.

6.             He shall countersign all City bonds, drafts, orders and checks drawn upon the
      City Treasury for money and shall keep a record thereof, showing the number, date and
      amount thereof, and name of the person to whom, and on what account issued, and
      when redeemed.

7.              He shall record the certificates, oaths and bonds of all the City Officers.

8.              He shall keep an index of the records of the proceedings of the City Council.

9.               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.

10.             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.

11.             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.

12.             He shall furnish without delay 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.

13.             He shall maintain a full record of all special tax bills issued by the City.

14. The City Clerk shall keep and maintain an office open to the public in Scott City,
    Missouri, so that the public may have access to the public records of the City of Scott
    City, Missouri, and carry on whatever business is to be carried on with the City Clerk's
    office, which office shall be open from 8:00 A.M. to 5:00 P.M. daily, Monday through
        Friday. Such office shall be in the City Hall, unless the City Council shall permit a
        different location within the City. (CC §21.420; Ord. No. 356 §1, 12-2-91; Ord. No.
        464 §1, 3-6-95; Ord. No. 473 §1, 5-1-95; Ord. No. 499 §1, 10-16-95)


SECTION 115.380: COMPENSATION

   The salary of the City Clerk shall be such as from time to time as the City Council shall fix
   by ordinance, payable bi-weekly by warrant on the City Treasury. (CC §21.430; Ord. No.
   564 §1, 6-16-97)


SECTION 115.390: DEPUTY CITY CLERK

   The Mayor may appoint a Deputy Clerk to be approved by the City Council, who shall
   possess all the qualifications and powers and be charged with the same duties as the Clerk.
   Upon the temporary unavailability or inability of the City Clerk to perform his duties as set
   forth in this Code or other ordinances of the City due to illness, absence from the City,
   vacation or other cause, the Deputy City Clerk shall discharge the duties of the City Clerk.
   (Ord. No. 359 §1, 12-2-91)


SECTION 115.395:            FEES FOR COPIES

   Every person desiring to secure a copy of any record, in the custody of the City Clerk, shall
   first pay to the City Clerk the sum of ten cents ($0.10) for each copy received. All money
   received by the City Clerk for said photocopying expense shall be deposited into the City's
   General Revenue Fund. (Ord. No. 433 §1, 5-2-94; Ord. No. 779 §1, 4-4-05)


                            ARTICLE VI. CITY COLLECTOR


SECTION 115.400: APPOINTMENT

   The City Collector shall be appointed by the Mayor, with the advice and consent of the
   Council, to serve at the pleasure of the Mayor and Council.


SECTION 115.410: 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 Third Class, and this Code and other ordinances
   of this City, and faithfully demean himself in office. (CC §21.510)


SECTION 115.420: DUTIES─GENERALLY─OFFICE HOURS

   The Collector of Scott City shall collect all taxes of every kind, including licenses, unless
   otherwise provided by this Code or other City ordinance, including all water and sewer bills
   due to the City. He shall account for the same monthly to the City Council, and shall
   monthly turn all collections over to the Treasurer of Scott City, Missouri.

   1.              All collections and reports shall be handled by the City Collector on a
        calendar month basis and the report shall be from the first (1st) of the month to the first
        (1st) of the following month.

   2.             The City Collector shall keep and maintain an office open to the public in
        Scott City, Missouri, so that the public may pay their taxes and carry on whatever
        business is to be carried on with the Collector's Office, which office shall be kept open
        from 8:00 A.M. to 5:00 P.M. daily, Monday through Friday. Such office shall be in the
        City Hall unless the City Council permits a different location within the City.

   3.            The City Collector shall reconcile the checking accounts of the City. (CC
        §21.520; Ord. No. 378 §2, 5-16-77; Ord. No. 313 §9, 10-1-90; Ord. No. 465 §1, 3-6-95;
        Ord. No. 473 §2, 5-1-95)

SECTION 115.430: BOND

   Before entering into the discharge of the duties of his office, the Collector shall make bond
   in the amount of two thousand dollars ($2,000.00), as required by Statute, conditioned upon
   the faithful handling of all funds that come into his hands and the proper discharge of his
   duties. (CC §21.525)


SECTION 115.440: COMPENSATION

   The City Collector shall receive as compensation for his services such sum as may, from
   time to time, be fixed by ordinance. (CC §21.530)


SECTION 115.450: DEPUTY COLLECTOR

   The Mayor may appoint a Deputy Collector to be approved by the City Council, who shall
   possess all the qualifications and powers and be charged with the same duties as the
   Collector. Upon the temporary unavailability or inability of the City Collector to perform
   his duties as set forth in this Code or other ordinances due to illness, absence from the City,
   vacation or other cause, the Deputy City Collector shall discharge the duties of the City
   Collector. (Ord. No. 360 §1, 12-2-91)


                            ARTICLE VII. CITY ENGINEER


SECTION 115.460: APPOINTMENT; TERM; QUALIFICATIONS

   The Mayor, with the advice and consent of the City Council, at the first (1st) meeting after
   each annual City Election shall appoint a suitable person as City Engineer who shall hold
   office for one (1) year and until his successor is appointed and qualified, he shall be a
   graduate of an accredited engineering school. (CC §21.600)
SECTION 115.470: DUTIES; GENERALLY

   It shall be the duty of the City Engineer to make all necessary plats, surveys, drawings and
   estimates of all public works when requested to do so by the City Council; to make all
   necessary surveys of streets, alleys, avenues, public squares, lots, blocks, squares or any
   public or private property in the City, when required to do so by the order of the City
   Council; to make correct leveling of all streets, alleys or avenues, and make the grade
   thereof, and report plans and estimates for the grading thereof or paving thereof when
   required to do so by the City Council; to make out and cause to be opened all streets, alleys,
   or avenues which are authorized to be opened, when ordered to do so by the City Council; to
   superintend all public works in the City when ordered to do so by the City Council; to see
   that all such work is performed according to contract, and from time to time give estimates
   thereof when required by the Council or by the contractor; to cause to be carried into effect
   all Sections of this Code or other ordinances concerning streets, alleys and other public
   places, and to superintend and control the opening, grading and paving thereof, and to
   prevent and remove obstructions therefrom, when ordered to do so by the City Council; to
   cause to be removed or abated all encroachments by houses, fences or other objects, from all
   streets, alleys, pavements, avenues or other public property of real estate owned by the City,
   and if he shall consider it necessary or when ordered to do so by the City Council, to report
   the same to the Council. (CC §21.620)


SECTION 115.480: KEEP RECORDS

   Whenever the City Engineer shall make any survey of any subdivision or of any addition to
   the City, or establish the grade of any street or alley of the City, he shall make a complete
   record of such survey and also make a record of all grades of any streets, avenues, or alleys
   that he may establish in a book to be kept by him for that purpose. The City Clerk shall have
   custody of such records, after the same are made by the City Engineer. (CC §21.640)


SECTION 115.490: COMPENSATION

   The City Engineer shall receive such compensation for his services as may, from time to
   time, be fixed by ordinance of the City Council. (CC §21.650)


                           ARTICLE VIII. RESERVED


SECTION 115.500─115.550:                    RESERVED

             Editor's Note─Ord. No. 461 adopted 3-6-95 repealed sections 115.500─115.550
                  with no replacement provisions. Former §§115.500─115.550 derived from
                  Code §§21.700─21.750.
                   ARTICLE IX. CITY ADMINISTRATOR


SECTION 115.560: OFFICE OF CITY ADMINISTRATOR

   There is hereby created and established the office of City Administrator for the City of Scott
   City, Missouri. (Ord. No. 162 §021.010, 8-5-85)

SECTION 115.570: APPOINTMENT AND TENURE

   A qualified person shall be appointed City Administrator for the City of Scott City by the
   Mayor; such appointment shall be approved by a majority of the City Council. The person
   so appointed shall serve for an indefinite term. (Ord. No. 162 §021.020, 8-5-85)


SECTION 115.580: QUALIFICATIONS

   The person appointed to the office of City Administrator shall be at least twenty-one (21)
   years of age and shall be a resident of the City of Scott City 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. 162 §021.030, 8-5-85)


SECTION 115.590: BOND

   The City Administrator, 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 City Council and such bond shall insure the City of Scott City for the faithful and honest
   performance of the duties of the City of Scott City and for rendering a full and proper
   account to the City of Scott City for funds and property which shall come into the possession
   or control of the City Administrator. The cost of such bond shall be paid by the City of Scott
   City; however, should the City Administrator be covered by a blanket bond to the same
   extent, such individual bond shall not be required.
   (Ord. No. 162 §021.040, 8-5-85)


SECTION 115.600: COMPENSATION

   The City Administrator shall receive as compensation such sum as shall be, from time to
   time, set by the City Council. (Ord. No. 162 §021.050, 8-5-85; Ord. No. 441 §1, 7-5-94)


SECTION 115.610: REMOVAL OF CITY ADMINISTRATOR

   The City Administrator shall serve at the pleasure of the appointing authority. The Mayor,
   with the consent of a majority of the City Council, may remove the City Administrator from
   office at will, and such City Administrator may also be removed by a vote of the City
   Council independently of the Mayor's approval or disapproval. If requested, the Mayor and
   City Council shall grant the City Administrator 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 City Council, or by vote of the City Council without the Mayor's approval,
     may suspend the City Administrator from duty, but shall continue his salary for two (2)
     calendar months following the final removal date; provided however, that if the City
     Administrator shall be removed for acts of dishonesty or acts of moral turpitude, such salary
     shall not be continued. (Ord. No. 162 §021.060, 8-5-85)


SECTION 115.620: DUTIES

A.      Administrative Office. The City Administrator 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 f
     Missouri, the City Administrator shall coordinate and generally supervise the operation of all
     departments of the City of Scott City.

B.      Purchasing. The City Administrator shall be the purchasing agent for the City of Scott
     City and all purchases amounting to less than five hundred dollars ($500.00) 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 City Council.

C.       Budget. The City Administrator shall be the Budget Officer of the City of Scott City 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 embodying in
     it a budget document with proper supporting schedules and an analysis to be proposed to the
     Mayor and City Council for their final approval.

D.      Financial Reports. The City Administrator shall make monthly reports to the Mayor and
     City Council relative to the financial condition of the City. Such reports shall show the
     financial condition of the City in relation to the budget.

E.      Annual Report. The City Administrator shall prepare and present to the Mayor and City
     Council 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 City Council may require.

F.      Personnel System. The City Administrator shall act as the Personnel Officer of the City
     and shall recommend an appropriate position classification system and pay plan to the
     Mayor and City Council. The City Administrator, after consultation with department heads,
     shall approve advancements and appropriate pay increases within the approved pay plans
     and position classification system. The City Administrator shall have the power to appoint
     and remove (in accordance with Personnel System regulations approved by the City
     Council) all subordinate employees of the City of Scott City. The City Administrator shall
     make recommendations of appointment and removal of Department heads.

G.      Policy Formulation. The City Administrator shall recommend to the Mayor and City
     Council 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.

H.      City Council Agenda. The City Administrator shall submit to the Mayor and City
     Council a proposed Agenda for each Council meeting at least forty-eight (48) hours before
     the time of the regular Council meeting.
I.     Boards And Committees. The City Administrator shall work with all City Boards and
     Committees to help coordinate the work of each.

J.      Attend City Council Meetings. The City Administrator shall attend all meetings of the
     City Council, unless excused therefrom.

K.      Bid Specifications. The City Administrator shall supervise the preparation of all bid
     specifications for services and equipment, and receive sealed bids for presentation to the
     City Council.

L.      State And Federal Aid Programs. The City Administrator shall coordinate Federal and
     State programs which may have application to the City of Scott City, and administer all
     grants and public funds bestowed upon the City of Scott City and maintain adequate
     accounting record thereof, subject to direction of the Mayor and the City Council.

M.      Conference Attendance. The City Administrator shall attend State and Regional
     conferences and programs applicable to his office, and the business of the City of Scott City,
     whenever such attendance is directed and approved by the City Council and Mayor.

N.       Record Keeping. The City Administrator shall keep full and accurate records of all
     actions taken by him in the course of his duties, and shall safely and properly keep all
     records and papers belonging to the City of Scott City and entrusted to his care, and shall
     maintain the personnel records of the City. All such records shall be and remain the property
     of the City of Scott City and be open to inspection by the Mayor and City Council at all
     times. In the event of the City Administrator's absence, all records of the City
     Administrator, including the personnel records, shall be maintained by the Mayor.

O.      Permits, Etc. Granted By City. See that all franchises, permits and privileges granted by
     the City are faithfully followed.

P.      Miscellaneous. In addition to the foregoing duties, the City Administrator shall perform
     any and all other duties or functions prescribed by the Mayor and City Council.
     (Ord. No. 162 §021.070, 8-5-85; Ord. No. 499 §2, 10-16-95)


SECTION 115.630: POWERS

A.      City Property. The City Administrator shall have responsibility for all real and personal
     property of the City of Scott City. 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 City
     Administrator only with approval of the City Council. Real property may be sold only with
     the approval of the City Council by resolution or ordinance.

B.      Set Administrative Policies. The City Administrator 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 shall have the power to revoke, suspend,
     or amend any rule or regulation of the administrative service except those prescribed by the
     City Council. All departments under the control of boards appointed by the City Council,
     shall not be subject to the general superintending control of the City Administrator.
     However, the City Administrator shall, upon request of said boards, assist said boards in
     prescribing such rules and regulations as the boards deem necessary or expedient for the
     conduct of their affairs.

C.      Coordinate Departments. The City Administrator shall have the power to coordinate the
     work of all the departments of the City, and, at times of an emergency, shall have authority
     to assign the employees of the City to any department where they are needed for the most
     effective discharge of the functions of City Government.

D.       Investigate And Report. The City Administrator 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 City Council.

E.       Power To Overrule; When. The City Administrator shall have the power to overrule any
     action taken by the head of a department, which is not under the control of a board appointed
     by the City Council.

F.      Appear Before The City Council. The City Administrator shall have the power to appear
     before and address the City Council at any meeting.

G.       Powers Shall Not Supersede Mayor; City Council. At no time shall the duties or powers
     of the City Administrator supersede the action by the Mayor and City Council.
     (Ord. No. 162 §021.080, 8-5-85)


SECTION 115.640: INTERFERENCE BY MEMBERS OF THE CITY COUNCIL

     No individual member of the City Council shall directly interfere with the conduct of any
     department or duties of employees subordinate to the City Administrator except at the
     expressed direction of the City Council, pursuant to an authorized vote at a Council meeting,
     or with the approval of the City Administrator. The word "interfere", as used in this Section
     means any act which tends to countermand an order or direction of the City Administrator or
     any act which directs an employee to take any action not authorized by the City
     Administrator. (Ord. No. 162 §021.090, 8-5-85)


                              ARTICLE X. CONFLICT OF INTEREST

SECTION 115.650:              DECLARATION OF POLICY

     The proper operation of municipal government requires that public officials and employees
     be independent, impartial and responsible to the people; that government decisions and
     policy be made in the proper channels of the governmental structure; that public office 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. 343 §1, 8-19-91; Ord. No. 409 §1, 9-8-93; Ord. No. 445 §1, 9-
     6-94; Ord. No. 498 §1, 9-5-95; Ord. No. 523 §1, 8-5-96; Ord. No. 575 §1, 8-4-97; Ord. No.
     632 §1, 6-21-99; Ord. No. 667 §1, 9-5-00; Ord. No. 708 §1, 9-3-02; Ord. No. 738 §1, 9-15-
     03; Ord. No. 788 §1, 9-5-05; Ord. No. 826 §1, 8-6-07; Ord. No. 848 §1, 7-7-08; Ord. No.
     863 §1, 8-17-09)
SECTION 115.660:            CONFLICTS OF INTEREST

   The Mayor or any member of the City Council who has a substantial personal or private
   interest, as defined by State law, in any bill shall disclose on the records of the City Council
   the nature of his/her interest and shall disqualify himself/herself from voting on any matters
   relating to this interest. (Ord. No. 343 §2, 8-19-91; Ord. No. 409 §2, 9-8-93; Ord. No. 445
   §2, 9-6-94; Ord. No. 498 §2, 9-5-95; Ord. No. 523 §2, 8-5-96; Ord. No. 575 §2, 8-4-97; Ord.
   No. 632 §2, 6-21-99; Ord. No. 667 §2, 9-5-00; Ord. No. 708 §2, 9-3-02; Ord. No. 738 §2, 9-
   15-03; Ord. No. 788 §2, 9-5-05; Ord. No. 826 §2, 8-6-07; Ord. No. 848 §2, 7-7-08; Ord. No.
   863 §2, 8-17-09)

SECTION 115.670:            DISCLOSURE REPORTS

   Each elected official, the City Administrator, or in the event the office of City Administrator
   is vacant, the City Clerk, and any and all counsel employed on a full-time basis by the City
   shall disclose the following information by May first (1st) if any such transactions were
   engaged in during the previous calendar year:

   1.   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 thousand dollars ($5,000.00), 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; and

   2.   The date and the identities of the parties to each transaction known to the person with a
        total value in excess of five thousand dollars ($5,000.00), 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.

   3.   The City Administrator, or in the event of vacancy of said office, the City Clerk, shall
        disclose by May first (1st) for the previous calendar year the following information:

        a.   The name and address of each of the employers of such person from whom income
             of five thousand dollars ($5,000.00) or more was received during the year covered
             by the statement;

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

        c.   The name and address of each corporation for which such person served in the
             capacity of a director, officer or receiver. (Ord. No. 343 §3, 8-19-91; Ord. No. 409
             §3, 9-8-93; Ord. No. 445 §3, 9-6-94; Ord. No. 498 §3, 9-5-95; Ord. No. 523 §3, 8-
             5-96; Ord. No. 575 §3, 8-4-97; Ord. No. 632 §3, 6-21-99; Ord. No. 667 §3, 9-5-00;
             Ord. No. 708 §3, 9-3-02; Ord. No. 738 §3, 9-15-03; Ord. No. 788 §3, 9-5-05; Ord.
             No. 826 §3, 8-6-07; Ord. No. 848 §3, 7-7-08; Ord. No. 863 §3, 8-17-09)


SECTION 115.680:            FILING OF REPORTS

   The reports, in a format which is on file in the City Clerk's office, shall be filed with the City
   Clerk and Secretary of State prior to January 1, 2010, and thereafter with the Ethics
   Commission. The reports shall be made available for public inspection and copying during
   normal business hours. (Ord. No. 343 §4, 8-19-91; Ord. No. 409 §4, 9-8-93; Ord. No. 445
   §4, 9-6-94; Ord. No. 498 §4, 9-5-95; Ord. No. 523 §4, 8-5-96; Ord. No. 575 §4, 8-4-97; Ord.
   No. 632 §4, 6-21-99; Ord. No. 667 §4, 9-5-00; Ord. No. 708 §4, 9-3-02; Ord. No. 738 §4, 9-
   15-03; Ord. No. 788 §4, 9-5-05; Ord. No. 826 §4, 8-6-07; Ord. No. 848 §4, 7-7-08; Ord. No.
   863 §4, 8-17-09)


SECTION 115.690:            WHEN FILED

   The financial interest statements shall be filed at the following times, but no person is
   required to file more than one (1) financial interest statement in any calendar year. (Ord.
   No. 343 §5, 8-19-91; Ord. No. 409 §5, 9-8-93; Ord. No. 445 §5, 9-6-94; Ord. No. 498 §5, 9-
   5-95; Ord. No. 523 §5, 8-5-96; Ord. No. 575 §§5─6, 8-4-97; Ord. No. 632 §5, 6-21-99; Ord.
   No. 667 §5, 9-5-00; Ord. No. 708 §5, 9-3-02; Ord. No. 738 §5, 9-15-03; Ord. No. 788 §5, 9-
   5-05; Ord. No. 826 §5, 8-6-07; Ord. No. 848 §5, 7-7-08; Ord. No. 863 §5, 8-17-09)
                               CHAPTER 120: FINANCES, RECORDS AND TAXES


                               ARTICLE I. FINANCES AND RECORDS


SECTION 120.010: FISCAL YEAR

     The fiscal year of this City shall begin on July 1, and end on June 30 of the next succeeding
     year. (CC §22.010)


SECTION 120.020: GENERAL INFORMATION

A.      Monthly financial reports including schedules showing comparisons of actual revenue
     and expenditures to the budget will be presented to the Council at their monthly meeting. A
     detailed semi-annual financial statement containing statements of receipts, expenditures, and
     indebtedness of the City should be published to satisfy State statutory requirements.

B.        Loans to City Officials and employees are prohibited.

C.      All persons responsible for City funds will have fidelity bond coverage sufficient to meet
     State statutory requirements.

D.      Insurance coverage will be reviewed periodically by qualified individuals to determine its
     adequacy. The comprehensive liability policy should include liability coverage for Council
     members and City employees.

E.      A double-entry accounting system and adequate records will be maintained.
     (Ord. No. 7 §1, 3-27-80)


SECTION 120.030: ANNUAL BUDGET

A.      Prior to the commencement of each fiscal year, a budget for the City shall be prepared,
     and the same will be presented to or approved by the City Council. The format of the budget
     shall be illustrated by the sample budget format which is on file in the City Clerk's office.

B.       The annual budget shall present a complete financial plan for the next fiscal year. The
     following shall be included in the budget.

     1.              A budget message to describe the important features of the budget and to
           point out any major changes from the previous year.

     2.    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.

     3.    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.

     4.    The amount of money required to pay any interest, amortization, or redemption charges
           which the municipality will owe during the budget year.

     5.    General summary of the total proposed budget.

C.      The Finance Committee of the City Council shall prepare the budget after reviewing the
     expenditure request and revenue estimates with City Officers. The Finance Committee shall
     submit the completed budget and supporting schedules and exhibits to the City Council.

D.        The City Council shall by ordinance adopt the City budget.

E.      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.

F.      The City will not increase the total amount authorized for expenditures from any fund,
     unless the governing body adopts a resolution setting forth the facts and reasons making the
     increase necessary and approves or adopts an order, motion, resolution or ordinance to
     authority the expenditures.

G.      The Finance Committee shall prepare the City budget in accordance with the following
     calendar.

     1.              In January of each year, the City Administrator will collect the data
           necessary, and make preliminary revenue estimates for the coming fiscal year. The
           Administrator will estimate expenditures for the present year, and note expenditures and
           revenues for the previous two (2) fiscal years.

     2.    In February of each year, the City Administrator will request from each Officer a
           statement of expenditures requested for the coming fiscal year.

           In the absence of the City Administrator, the City Clerk will perform the duties of the
           City Administrator set forth in Paragraphs (1) and (2) hereof.

     3.    In March of each year, the Finance Committee will review the departmental request and
           make final revenue estimates for the coming fiscal year, and will confer with
           department heads to discuss these requests.

     4.    In April of each year, the Finance Committee will begin assembling the City budget.

     5.    In May of each year, the Finance Committee will confer with the Mayor for the
           preparation of the City budget for the next fiscal year to be submitted to the City
           Council.

     6.    The budget shall be submitted to the City Council at the first (1st) regular meeting in
           June. (Ord. No. 184 §2, 2-2-87; Ord. No. 629 §1, 6-21-99)
SECTION 120.040: CASH DRAWER AND RECEIPTS

A.      Cash drawer, receipts and deposits thereof will be the sole responsibility of the City
     Collector.

B.      The Collector's cash drawer will be closed out before the end of the day's business and a
     cash count control sheet will be utilized, i.e., beginning balance plus various receipts less
     deposit equals ending balance.

C.      Collector will deposit receipts intact daily.

D.      City Clerk will periodically compare deposits per cash count control sheets to deposits
     per bank statement.

E.      Collector will maintain a standard collection summary sheet which will be used to post to
     the cash receipts book. The summarization of the collection sheets and the time to post will
     be decided upon by the Clerk, whatever is the most feasible (pref. weekly).

F.       The entries of cash receipts should be divided between Illmo's and Scott City's as
     separate standard collection summary sheets will be maintained until such time there is one
     (1) Collector's office.

G.      Source documents i.e., tax bills, debit or credit memos, etc., should be reconciled to the
     standard collection summary sheet daily.

H.       Source documents should be filed chronologically. A four (4) part tax bill should be
     utilized so a double set of files can be maintained on the tax collections; one (1) by date paid
     the other by number or alphabetical order. (Ord. No. 7 §3, 3-27-80)


SECTION 120.050: TAX BOOKS

A.       The City Clerk should prepare the tax books, which should be in total agreement with the
     list furnished by the County Assessor.

B.      The tax book should be turned over to the City Collector after it is completed by the
     Clerk.

C.      Any additions or deletions thereto should have back up approval from the Council and
     should be duly recorded in the minutes.

D.      If any properties on the assessment sheet are outside the City limits, they should be
     reviewed by the Council before eliminating them.

E.      A delinquent tax bill list will be prepared after March 15 and before April 1 of each
     preceding tax year. This list will be presented to the Council for review. Monthly lists
     thereafter should also be presented. Second tax bills should be sent after a reasonable time.

F.      The Collector should get the approval of the Council before writing off any uncollectible
     tax bills. (Ord. No. 7 §4, 3-27-80)
SECTION 120.060: PURCHASE ORDER SYSTEM

A.      Department heads will fill out a three (3) part purchase order in requisitioning materials,
     supplies and equipment of small nature for items costing over fifty dollars ($50.00).

B.       Purchase orders will be kept at City Hall and will be distributed to department heads one
     at a time as the need for them arises. The Clerk's office will handle the ordering. The bid
     process should be used for items costing over two thousand dollars ($2,000.00).

C.      A file will be maintained for all open purchase orders and commitments.

D.      Goods should be shipped to department locations.              Department heads should
     acknowledge receipt and good condition of goods on the shipping copy and send the
     shipping copy to the Clerk's office, signed by the Department head.

E.      Clerk's office should match the purchase order and the invoice; compare quantities, prices
     and text extensions. Upon proper verification, a voucher should be prepared with the
     purchase order and invoice attached. (Ord. No. 7 §5, 3-27-80; Ord. No. 744 §1, 12-15-03)


SECTION 120.070: PAYING BILLS

A.     All checks written upon the City Treasury shall be signed by the City Clerk and the
     Mayor.

B.      The City Clerk will prepare the check for signing from voucher before the City Clerk and
     the Mayor sign the same.

C.      The City Clerk will enter checks into the City's cash disbursement journal.

D.      The City Clerk will write the check number on voucher as each check is signed by the
     City Clerk and the Mayor, before the City Clerk mails the same.

E.      The checking account shall be reconciled by the City Collector. (Ord. No. 7 §6, 3-27-80;
     Ord. No. 466 §1, 3-6-95)


SECTION 120.080: MERCHANT'S LICENSES

A.      Merchant's licenses will be prenumbered and therefore accounted for each month.

B.      Merchant's licenses are sold duly throughout the year on a pro-rated basis and become
     due July 1 of the tax year.

C.      Notices will be mailed out on the fifteenth (15th) of the month preceding the due date.
     Licenses become delinquent thirty (30) days from the due date. A ten percent (10%) per
     month penalty is cumulated thereafter up to one hundred percent (100%) per year.

D.      Delinquent licenses are handled on a month to month basis. (Ord. No. 7 §7, 3-27-80)
SECTION 120.090: PAYROLLS

A.        Personnel records including wage and salary data will be maintained for all employees.

B.        Any name added to the payroll should be backed up by an authorization in the minutes.

C.        Any wage or salary rate changes should be backed up by an authorization in the minutes.

D.        All wage and salary rates should be formally approved in the minutes.

E.       A separate payroll register apart from the cash disbursements will be maintained with the
     total checks cut for payroll to be entered into the Disbursement Journal in the aggregate.

F.        Payroll advances to City employees should be prohibited or adequately controlled.

G.      The City will prohibit discrimination based on race, sex etc., in its employment practices.
     (Ord. No. 7 §8, 3-27-80)


SECTION 120.100: RECORDS MANAGEMENT

A.      City Clerk To Keep Records. The records of the City shall be kept in the custody of the
     City Clerk.

     1.              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 "non-record" materials.

     2.               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.

B.      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.

     1.               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.

     2.             Non-record 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.
     3.             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. (CC §§22.200—22.210)


                              ARTICLE II. CITY SALES TAXES


SECTION 120.110:              CITY SALES TAX

A.       A City Sales Tax, at the rate of one percent (1%) on the receipts from the sale at retail of
     all tangible personal property or taxable services at retail within the City of Scott City,
     Missouri, is hereby imposed on all sellers within the City of Scott City, Missouri, for the
     privilege of engaging in the business of selling tangible personal property or rendering
     taxable services at retail to the extent and in the manner provided in Sections
     144.010─144.525, RSMo., as amended, and the rules and regulations of the Director of
     Revenue of the State of Missouri issued pursuant thereto.

B.      Such City Sales Tax is hereby imposed, levied, submitted to the voters and shall be
     collected now that the voters have approved said tax by majority vote on April 5, 1977, all
     subject to and in the manner provided by the City Sales Tax Act of the State of Missouri, as
     provided in Sections 94.500─94.550, RSMo., as amended, and all such tax received by the
     City of Scott City shall be placed in the General Fund for general municipal expenses and
     uses.

C.      All persons who do not pay their City sales tax through the State of Missouri shall file
     with the City Clerk a quarterly statement of gross receipts of such person or entity for the
     quarter immediately preceding the date of statement, clearly showing the gross receipts as
     calculated from the sale of tangible personal property or tangible services at retail as defined
     by Chapter 144 of the Missouri Statutes. Such statement shall be verified by affidavit of an
     individual person or, in the case of a firm or corporation, by the principal officer thereto. At
     the time of the filing of the monthly statement required, the person or entity shall pay the
     City the sales tax required under this Section. (Ord. No. 369 §1, 1-17-77; Ord. No. 374 §1,
     4-11-77; Ord. No. 680 §1, 4-16-01)


SECTION 120.120:              TRANSPORTATION TAX

     The City of Scott City, Missouri, hereby imposes a one-half of one percent (.5%) sales tax
     on all retail sales made within the City limits of Scott City, Missouri, which are subject to
     taxation under the provisions of Section 144.010 to 144.525, RSMo., for the purpose of
     street paving and improvement. (Ord. No. 492 §1, 8-21-95; Ord. No. 502 §1, 11-20-95)


SECTION 120.125:              SALES TAX─CAPITAL IMPROVEMENTS

     The City of Scott City, Missouri, does hereby impose a one-fourth of one percent (.25%)
     sales tax on all retail sales made within the City limits of Scott City, Missouri, which are
     subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo., for the
   purpose of funding capital improvements. This existing sales tax is hereby extended through
   March 31, 2011. (Ord. No. 602 §1, 6-1-98; Ord. No. 754 §1, 5-17-04; Ord. No. 765 §§1─3,
   9-7-04)

                           ARTICLE III. MISCELLANEOUS PROVISIONS


SECTION 120.130:          PRIOR TO ISSUANCE OF LICENSE OR PERMIT, ALL
                       FEES AND
                       TAXES MUST BE PAID

   No person applying for any City license or permit including, but not limited to, merchant's
   license, animal license, fireworks license, building permit, special use permit, subdivision
   plat approval, electrical, plumbing or mechanical license permit, contractor's license,
   excavation permit, sale of alcohol license, junk yard license, public amusement permit,
   permits for connection to City water and sewer, shall be issued such permit or license unless
   the person requesting the same is current on all real estate taxes, personal property taxes or
   any other legitimate debt due the City of Scott City. (Ord. No. 724 §1, 4-21-03; Ord. No.
   727 §1, 5-19-03)


                           CHAPTER 125: PERSONNEL CODE


SECTION 125.010:           PROBATIONARY PERIOD

   Each employee receiving an appointment or a promotion to a position in the service of the
   City must serve a probationary period of ninety (90) days before his appointment or
   promotion shall be considered permanent. During the employee's ninety (90) day
   probationary period, the employee's work habits, abilities, attitude, promptness and other
   pertinent characteristics will be observed and evaluated by his supervisor, department head
   or other appropriate City Officials. If the probationary employee fails to meet required
   standards of performance, he is to be dismissed, or if he is a promoted regular employee, he
   may be restored to the position from which he was promoted or to a comparable position.
   Wages for designated holidays falling within the probationary period will be paid to
   probationary employees. (Ord. No. 101 §4, 4-4-83; Ord. No. 694 §1, 9-4-01)


SECTION 125.020:           DISCHARGE OF EMPLOYEES

   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,
   except as provided by this code, Federal law or State law. Any employees hired by the City
   are hired at will and may be discharged from his employment without the right of hearing or
   appeal. (Ord. No. 101 §4, 4-4-83; Ord. No. 840 §1, 3-3-08)


SECTION 125.030:           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 the probation
   period, the department head may grant an extension, not to exceed sixty (60) days. (Ord.
   No. 101 §4, 4-4-83)


SECTION 125.040:           TERMINATION OF PROBATIONARY PERIOD

   At the end of each employee's ninety (90) day probationary period or extension granted
   under the authority of Section 125.030, the supervisor of the employee shall complete a
   probationary report and notify the Mayor and City Administrator in writing that either:

   1.            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; or

   2.             The employee has not demonstrated ability to perform 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. 101 §4, 4-4-
        83; Ord. No. 694 §2, 9-4-01)


SECTION 125.050:           APPOINTMENT AND PROMOTION

   Appointments and promotions to all classified positions shall be solely on the basis of merit,
   which shall be determined by evaluation of the applicant's:

   1.             Training, education, experience and physical fitness,

   2.             Oral interview, and

   3.             Whenever practical, an examination or demonstration test. (Ord. No. 101 §4,
        4-4-83)


SECTION 125.060: 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 be sixteen (16) years of age.
   (Ord. No. 101 §4, 4-4-83)


SECTION 125.065:           EDUCATION

   All employees, other than laborers and unskilled laborers, hired after July 19, 1999 shall
   have either a high school degree or shall have obtained their G.E.D. Any laborers or
   unskilled laborers hired without a G.E.D. or high school degree shall not be promoted to a
   higher P.S. level until said employee has obtained a G.E.D. or high school diploma at the
   employee's expense. (Ord. No. 591 §1, 12-1-97; Ord. No. 634 §1, 7-19-99)
SECTION 125.070: RESIDENCE

     Applicants for positions in the service of the City need not reside within the City at the time
     of application. All employees shall, upon completion of their six (6) month probationary
     period, establish their residency in Scott City within sixty (60) days. However, if
     establishing residency in Scott City would cause an employee undue hardship, the City
     Council may, upon application by the employee, waive the residency requirement if:

     1.               The out-of-town residency of an employee is less than thirty (30) miles from
           the City limits or within thirty (30) minutes driving time from the City limits, or

     2.    The Council may further waive out-of-town residency for any present employee which
           is temporary in nature, is caused by unforeseen economic, family or other hardship or
           emergency, and the out-of-town residency would not interfere with the employee's
           duties. In such cases the Council shall specify in its waiver of residency the duration of
           time the employee may reside outside City limits, which shall not exceed six (6)
           months.

     3.    The City Council shall not waive residency if such waiver would raise the percentage of
           City employees living outside the City limits of Scott City to more than thirty percent
           (30%) of the total number of employees employed by the City. (Ord. No. 101 §4, 4-4-
           83; Ord. No. 548 §1, 3-17-97; Ord. No. 650 §1, 2-7-00)


SECTION 125.080: RELATIVES IN THE CITY SERVICE

A.      Except as hereinafter provided, two (2) members of an immediate family shall not be
     employed at the same time, regardless of the Administrative Department, if such
     employment will result in an employee supervising a member of his/her 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, grandparent, grandchild,
     stepmother, stepfather, brother-in-law, sister-in-law, uncle and aunt.

B.        The above prohibition shall not be applicable to the following officers or employees:

     1.             Members of the Volunteer Fire Department, and volunteer members of other
           departments not employed on a full-time basis.

     2.    Appointed members of City Boards.

     3.    Emergency hire personnel. (Ord. No. 101 §4, 4-4-83; Ord. No. 434 §1, 6-8-94; Ord.
           No. 503 §1, 1-15-96; Ord. No. 515 §1, 8-5-96)


SECTION 125.090: POLITICAL ACTIVITIES

     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.
     (Ord. No. 101 §4, 4-4-83)
SECTION 125.100: INDIVIDUAL POLITICAL ACTIVITIES

     No City employee shall actively advocate or oppose the candidacy of an 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. (Ord. No. 101 §4, 4-4-83)


SECTION 125.110: INDIVIDUAL POLITICAL ACTIVITIES─PENALTY

     Failure to comply with the requirements of Sections 125.100 and 125.110 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 Sections 125.100 and 125.110 may be
     punished as provided in Chapter 110 of this Code. (Ord. No. 101 §4, 4-4-83)


SECTION 125.120: OUTSIDE EMPLOYMENT

     No full-time employee of the City 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. Approval shall not be granted when
     such outside employment conflicts or interferes, or is likely to conflict or interfere, with the
     employee's Municipal service. Such approval, however, shall not be arbitrarily withheld.
     Employees may not engage in any private business or activity 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 of interest with his official
     duties. (Ord. No. 101 §4, 4-4-83)


SECTION 125.130: EVALUATION

     Every department head shall evaluate the job performance of every employee in his/her
     department and submit his/her evaluations to the City Council. The department head's
     evaluation of his/her employees shall be submitted to the City Council at such time and on
     such date as the City Council may from time to time designate, but not less than semi-
     annually. The City Clerk shall provide the department heads with a standard evaluation
     sheet, approved by the City Council, to assist the department heads in evaluating the job
     performance of his/her employees. (Ord. No. 101 §4, 4-4-83)


SECTION 125.140: OVERTIME

A.      The standard work week of employees and all full-time appointed officials, other than
     department heads, shall be forty (40) hours per week.

B.      Department heads are to report for work no later than 8:00 A.M., Monday through
     Friday, work a minimum of eight (8) hours each day and work such additional hours as are
     necessary to assure the satisfactory performance of their department, but not less than the
     standard forty (40) hour work week. Department heads should not be entitled to overtime
     pay under the provisions of this Section.

C.      For the purpose of this Section, a department head is defined as a City Officer in charge
     of a separate City department having under his or her supervision two (2) or more people.

D.      For the purpose of this Section, an employee or full-time appointed official holding more
     than one (1) position with the City shall be entitled to overtime compensation if the total
     hours from all appointed positions with the City exceeds forty (40) hours per week.

E.      The department head 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. This will always be at the discretion of the
     department head. No overtime will be paid without proper authorization from the
     department head or supervisor. (Ord. No. 146 §2, 4-1-85; Ord. No. 357 §§1-2, 12-2-91; Ord.
     No. 475 §1, 5-15-95; Ord. No. 588 §1, 10-20-97)


SECTION 125.150: HOLIDAYS

     All regular employees of the City shall receive normal compensation for the eight (8) legal
     holidays listed below and any other days or part of a day during which the public offices of
     the City shall be closed by special proclamation of the Mayor with approval of the Council.
     All regular part-time employees shall receive compensation in proportion to the average
     number of hours normally scheduled to work. Probationary employees shall be considered
     for purposes of this Section to be regular employees. Legal holidays to be observed are:

          New Year's Day                          January 1
          Martin Luther King Jr.'s Birthday                   Third Monday in January
          Presidents' Day             Third Monday in February
          Memorial Day               Last Monday in May
          Independence Day                July 4
          Labor Day                First Monday of September
          Veterans Day               November 11
     Thanksgiving                    Last Thursday in November
     Friday after Thanksgiving                    Friday Following Last Thursday in November
     Christmas Eve                    December 24, provided it falls on a Monday,     Tuesday,
                             Wednesday or Thursday
     Christmas                       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.

     4.            An employee absent without authorized leave on the day preceding and/or the
           day following a holiday shall not receive regular compensation for the holiday.

     5.    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. (Ord. No. 101 §4, 4-4-83; Ord. No. 320 §1, 11-
           19-90; Ord. No. 598 §1, 2-17-98; Ord. No. 620 §1, 12-21-98; Ord. No. 816 §1, 3-5-07)


SECTION 125.160: VACATION

A.      Employees in the City service who have completed their probationary period shall be
     entitled to earn vacation pay. Vacation leave shall be granted on the following basis:

     1.    One (1) week of vacation upon completion of the first (1st) year of employment.

     2.    Two (2) weeks of vacation upon completion of the third (3rd) year of continuous
           employment.

     3.    Three (3rd) weeks of vacation after completion of ten (10) years of continuous
           employment.

     4.    Four (4) weeks of vacation pay after completion of fifteen (15) years of continuous
           employment.

B.        Vacation leave shall be taken during the calendar year following its accumulation.

C.      Vacation leave may not be carried from one year to the next, except for newly hired
     employees hired in the last quarter of the year who are unable to take all of their vacation
     time within the year following their hire. Such employees shall be entitled to one (1)
     additional quarter to take vacation time earned during the first (1st) year of employment.

D.      Absence because 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.

E.      Records of vacation leave allowance and use shall be kept by the person responsible for
     the employee's payroll payment. Vacation leave scheduled shall be in relation to the
     seniority of employees, to accord with operating requirements and, insofar as possible, with
     the requests of the employees.

F.      When a regularly scheduled holiday occurs during the period of an employee's vacation,
     an additional day of vacation shall be granted.

G.      Vacation buyout shall be allowed as provided in the Employee Personnel Handbook
     prepared by the City Administrator and approved by the City Council. (Ord. No. 128, 5-21-
     84; Ord. No. 835 §1, 2-4-08)
SECTION 125.165:                RESERVED

                Editor's Note─Ord. No. 508 §1, adopted on 2-5-96 repealed §125.165 which
                     originally derived from ord. no. 423 §1, 3-7-94.


SECTION 125.170: SICK LEAVE

A.        All full-time City employees shall earn sick leave with full pay at the following rates:

     1.              For employees with less than ten (10) years consecutive employment with the
           City, sick leave shall accrue at the rate of one-half (½) of one (1) workday for each
           calendar month of service.

     2.    For employees with more than ten (10) years but less than fifteen (15) years of
           consecutive employment with the City, sick leave shall accrue at the rate of three-
           fourths (¾) of one (1) workday for each calendar month of service.

     3.    For employees with more than fifteen (15) years of consecutive employment with the
           City, sick leave shall accrue at the rate of one (1) workday for each calendar month of
           service.

B.      Sick leave shall accrue from the date of employment. Sick leave shall never be taken in
     advance of earning the time. Sick leave may be accumulated up to sixty (60) days.

C.        An employee may be eligible for sick leave for the following reasons:

     1.              Personal illness or physical incapacity.

     2.    Quarantine of an employee by a physician.

D.      An employee who is unable to report to work because of the above reasons shall report
     the reason for his/her absence to his/her supervisor before the time he/she is expected to
     report for work.

E.      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/her from appearing for work.

F.      An employee terminating from City service shall not be allowed the use of sick leave in
     the last two (2) calendar weeks of employment, except upon approval of the City Council.

     Unused sick leave will not be compensated for in any way at the time of resignation or
     dismissal of an employee. (Ord. No. 101 §4, 4-4-83; Ord. No. 558 §1, 5-5-97)

                Note─Per ord. no. 558 §2, all sick leave accrued by any employee prior to May 5,
                    1997, shall not be affected by the passage of this section.
SECTION 125.180: FAMILY AND MEDICAL LEAVE

A.      An employee shall be entitled to a total of twelve (12) work weeks of leave without pay
     during any twelve (12) month period for any one (1) of the following:

     1.   Because of the birth of a son or daughter of the employee and in order to care for such
          son or daughter.

     2.   Because of placement of a son or daughter with the employee for adoption or foster
          care.

     3.   In order to care for a spouse, or a son, daughter or a parent of the employee, if such
          spouse, son, daughter or parent has a serious health condition.

     4.   Because of a serious health condition that makes the employee unable to perform the
          functions of the position of such employee. However, if the employee elects unpaid
          leave due to a serious health condition under this paragraph, all unearned sick leave for
          said period accumulated under Section 125.170 shall be forfeited.

B.      With regard to a foreseeable expected birth or placement, the employee shall provide the
     City not less than thirty (30) days' notice before the date the leave is to begin of the
     employee's intention to take leave. In all other instances, the employee shall give the City
     such notice as soon as practicable under the circumstances.

C.      This Section shall be construed to compliment the provisions of the Family and Medical
     Leave Act as set forth in Chapter 29 Section 2612 of the Federal Code. (Ord. No. 101 §4, 4-
     4-83; Ord. No. 641 §1, 11-1-99; Ord. No. 718 §1, 3-17-03)


SECTION 125.190: EDUCATION LEAVE

     The City Council may authorize special leaves of absence with or without pay, for any
     period not to exceed six (6) calendar months in any one (1) 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.
     If the City shares in the cost, the employee must remain in the City service for one (1) year,
     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. (Ord. No. 101 §4, 4-4-83)


SECTION 125.200: FUNERAL LEAVE

     An employee may be granted up to 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,
     grandmother, grandfather, or any other close relative. Such leave shall not be deducted from
     either sick leave or vacation leave. An employee may be compensated for the funeral leave,
     at the discretion of the City. (Ord. No. 101 §4, 4-4-83)
SECTION 125.210: JURY LEAVE

     An employee shall be granted leave with pay 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. 101 §4, 4-4-83)


SECTION 125.215:              YEARLY LEAVE

     Two (2) days leave with pay shall be granted to each regular employee per calendar year,
     who has worked for the City for a period in excess of one (1) year, upon written approval of
     the supervisor. Requests for the leave set forth in this Section shall be made by the
     employee in writing and delivered to the supervisor. If the leave set forth in this Section is
     not taken during the calendar year, it shall be forfeited, without compensation given therefor.
     (Ord. No. 316 §1, 10-1-90)


SECTION 125.220:              SPECIAL LEAVE

     Special leave may be granted with or without pay to an employee for reasons not previously
     covered, on an individual basis and upon approval of the City Council.
     (Ord. No. 101 §4, 4-4-83)


SECTION 125.225:              DISCRIMINATION PROHIBITED

A.       Neither the City, nor any of its authorized agents empowered to recruit, process, hire,
     promote, authorize leave, overtime, outside employment, vacation time, or empowered to
     perform any other act as a supervisor of City employees shall discriminate against any
     employee on the basis of race, color, religion, national origin, sex, ancestry, handicap, or age
     in violation of the Missouri Human Rights Act, Chapter 213, RSMo. In addition, the City
     and all of its officers shall make its premises available for the use of any of its employees
     without regard to race, color, religion, national origin, sex, ancestry, handicap, or age, and
     that there shall be no discrimination against employees on said grounds with respect to use
     of facilities of the City.

B.      In addition, no person shall be discharged, demoted, dismissed or otherwise discriminated
     against for reporting to appropriate authorities criminal conduct of his or her superior. (Ord.
     No. 304 §1, 5-7-90; Ord. No. 717 §1, 3-17-03)


SECTION 125.230: EXCEPTIONS TO THIS CHAPTER

     The provisions of this Chapter shall not apply to uniformed employees, to the extent that the
     personnel policies of those departments conflict with this Chapter. Chapter 205, entitled
     "Fire Department" and Chapter 200, entitled "Police Department" shall apply to those
     employees of those departments. (Ord. No. 101 §4, 4-4-83)
SECTION 125.240: CITY SERVICE SALARY CLASSIFICATION

A.      Classifications. Beginning July 1, 2001, all full-time officers and employees of the City
     shall have the following general pay range:

     1.             Administrative Department.

           City Administrator                  $36,000.00—$48,900.00 (salary)
           City Clerk                $20,800.00—$28,200.00 (salary)
           City Collector                          $19,240.00—$24,440.00 (hourly)
           Court Clerk                $17,680.00—$22,880.00 (hourly)
           Water Billing Clerk                     $16,640.00—$21,840.00 (hourly)
           Assistant to the City Administrator                 $16,640.00—$21,840.00
           (hourly)

     2.    Police Department.                Starting      Classification
                                                           Salaries

           Chief                  $28,000.00     (Salary─Exempt)
           Lieutenant              $22,880.00 (Salary─Exempt)
           Sergeant               $21,320.00     (Hourly)(Non-Exempt)
           Patrolman               $18,200.00 (Hourly)(Non-Exempt)
           Dispatcher/Clerk                  $17,160.00 (Hourly)(Non-Exempt)
           Dispatcher              $15,600.00 (Hourly)(Non-Exempt)

     3.    Public Works Department.

           Director              $28,000.00—$38,000.00 (salary)
           Foreman               $24,440.00—$33,200.00 (salary)
           Water/Wastewater Operator                    $20,880.00—$28,200.00 (salary)
           Equipment Operator/Training Specialist           $18,720.00—$23,920.00
(hourly)
           Water/Sewer Crew                   $16,640.00—$21,840.00 (hourly)
           Operator               $16,640.00—$21,840.00 (hourly)
           Mechanic/Maintenance Worker                      $20,800.00—$26,000.00 (hourly)
           Skilled Laborer or Unskilled Laborer               $15,600.00—$20,800.00
(hourly)
           Part-time Laborer                 $14,560.00—$19,760.00 (hourly)

     4.    Park Department.

           Director              $22,000.00—$29,920.00 (salary)
           Superintendent              $16,640.00—$21,840.00 (hourly)
           Maintenance Assistant                $13,520.00—$18,720.00 (hourly)

     5.    Fire Department.

           Chief                  $28,000.00—$36,400.00 (salary)


     6.    Building and Code Enforcement Department.
          City Engineer                $28,000.00—$38,000.00 (salary)
          Head Inspector                  $24,440.00—$33,200.00 (salary)
          Building Inspector                  $17,680.00—$22,880.00 (hourly)

B.   Official Listing.

     1.   All hourly employees' time shall be figured on the basis of two thousand eighty (2,080)
                                                         hours per year.

     2.   The City service title of each position as classified herein shall be used to designate
          such position in all budget estimates, payrolls and other official records, documents,
          vouchers and communications and in all personnel process.

C.       Salary Range Compensation Plan. The salary range for the respective positions are set
     forth in Subsection (A) hereof, and shall constitute the plan for compensation. The plan
     gives a starting salary and a cap for each position.

D.      Temporary/Part-Time Employees. Temporary and part-time employees shall be paid
     hourly wages set by department heads with approval of Mayor and City Council.

E.      Advancement with Grade. All increases in salary for persons in the classified City
     services shall be granted on the basis of satisfactory rating by the department head. Such
     increases shall be granted based on the dollar amount recommended by the department head,
     and agreed upon by the City Council.

F.      Promotions. Whenever an individual in the classified City service is promoted to a new
     position, his new salary shall be determined by the department head and City Administrator,
     with approval of the Mayor and the City Council.

G.      Classified City Service Upgrade. Department heads such as the City Administrator,
     Police Chief, Director of Public Works, and Director of Parks may be recommended for an
     upgrade by the Mayor and approved by the City Council. Increase in salary shall be
     determined on the basis of a satisfactory rating by the Mayor and City Council.

H.      Salary Following Authorized Leave of Absence. Whenever an individual is reinstated to
     his former position after an unauthorized leave of absence, his salary shall be fixed by the
     Mayor and City Council, but shall not be fixed in a step below that held by him prior to said
     leave.

I.      Pay Increases. Pay increases, where due under Subsection (E) of this Section, shall be
     granted on July first (1st) of each year. Those employees who are promoted will receive
     their initial increase upon promotion and all salary increases due thereafter will be received
     on July first (1st) of each year.

J.      Cost of Living Increases. The Mayor and City Council may negotiate a cost of living pay
     increase prior to July 1 of each year.

K.      Exception to City Service Grade Classification. When an employee is hired who does
     not meet all the job qualifications for his position level, he may be started at a lower pay rate
     while in training.
L.      Employees Holding More Than One Position With the City. When an employee is
     appointed to more than one (1) position with the City, his salary classification shall be the
     highest classification of the two (2) positions held. Said employee shall be entitled to the
     pay allotted for the highest classification only.

M.      Temporary Assignment. The City Administrator or Department Head with the consent of
     the Mayor, Council or Administrator may temporarily assign an employee to any job
     classification the employee is capable of performing. If the assignment is to perform a
     classified job one (1) salary grade higher, the employee so assigned shall receive the
     minimum of the pay range/grade or a five percent (5%) increase in pay, whichever is higher,
     for the period of assignment to the higher pay classification job. If the assignment is to
     perform a classified job two (2) or more salary grades higher, the employee so assigned shall
     receive the minimum pay range/grade or a ten percent (10%) increase in pay, whichever is
     higher, for the period of assignment to the higher pay classification job.

N.        Starting Rate of Pay.

     1.    The normal entry level for appointment will be the minimum hourly/salary rate of the
           position.

     2.    The City Administrator may approve higher initial compensation with the Council's
           approval for any position authorized when deemed necessary if one (1) or more of the
           following conditions are met/appropriate:

           a.   Difficulty of recruitment indicates payment of a higher hourly/salary rate is
                required.

           b.   The applicant is a former employee.

           c.   Specific or special qualifications are required for the position.

           d.   Preferred/best candidate(s) background, experience, and/or special qualifications
                result in extreme difficulty in recruiting at the regular entrance rate.

           e.   The current local compensation trend for the skills required is substantially greater
                than the published beginning rate.

     3.    The City maintains the practice/policy of not paying above mid-point on initial hires.
           Appointment above the mid-point of the position level requires Council approval.

     4.    A former employee may be non-competitively re-appointed to his/her former position
           and salary at the discretion of the City Administrator with Council approval. Such
           appointment, if made within ten (10) working days, will result in no loss in benefits
           (i.e., Employee Health Plan, Lagers, Vacation, Sick time accrual).

O.       Pay Rate After Completion of Initial Employment Period.          With the successful
     completion of the initial employment period (no less than six (6) months and up to one (1)
     year) as indicated by an individual performance evaluation, the employee may receive an
     initial employment increase of up to six percent (6%). This will be determined by the
     department head and the City Administrator.
P.      The salaries for City personnel, reflecting City service classifications, step increases and
     merit steps subject to review and approval by council are on file in the City offices and
     incorporated herein by reference. (Ord. No. 127 §§1-10, 5-21-84; Ord. No. 130 §1, 6-18-84;
     Ord. No. 136 §1, 8-20-84; Ord. No. 145 §1, 2-18-85; Ord. No. 186 §§1-6, 2-2-87; Ord. No.
     203 §1, 7-6-87; Ord. No. 204 §1, 7-6-87; Ord. No. 272 §1, 8-21-89; Ord. No. 361 §§1-2, 12-
     2-91; Ord. No. 363 §§1-2, 2-1-92; Ord. No. 375 §1, 8-17-92; Ord. No. 455 §1, 12-5-94; Ord.
     No. 457 §§1─2, 1-16-95; Ord. No. 462 §§1─2, 2-6-95; Ord. No. 467 §1, 2-21-95; Ord. No.
     471 §§1─2, 4-3-95; Ord. No. 477 §1, 5-15-95; Ord. No. 565 §§1─5, 6-16-97; Ord. No. 582
     §1, 9-15-97; Ord. No. 616 §1, 9-21-98; Ord. No. 635 §§1─2, 7-19-99; Ord. No. 639 §1, 10-
     4-99; Ord. No. 655 §1, 3-20-00; Ord. No. 657 §§1─3, 4-17-00; Ord. No. 659 §1, 6-19-00;
     Ord. No. 688 §1, 7-16-01; Ord. No. 717 §1, 3-17-03; Ord. No. 748 §1, 2-2-04)


SECTION 125.250:              EDUCATIONAL EXPENSES REIMBURSED─HOW

A.       Any full-time City employee who attends any school, seminar or other training paid by
     the City, or receives reimbursements for any meals, lodging or travel expenses for
     attendance at any such school seminar or training, shall be required to sign a promissory note
     obligating said employee to repay the City it's costs for said school seminar or training, or
     meals, lodging and travel expenses related thereto, in the event the employee leaves the
     City's employment within one (1) year from the date of payment by the City.

B.     Said promissory note shall be in substantially the same form as set forth in Exhibit "A"
     which is on file in the City Clerk's office and is incorporated herein by reference.

C.      This Section shall not apply to in-house training provided within the employee's
     department or any training or schooling required for an employee to maintain his or her
     present position and pay grade. (Ord. No. 389 §§1─3, 11-2-92; Ord. No. 528 §1, 9-3-96)


SECTION 125.260:              LEGAL EXPENSES REIMBURSED─HOW

     Any City employee governed by this Chapter of the Code and any City Official governed by
     Chapter 115 of the Code may be entitled to be reimbursed for his/her actual out of pocket
     legal expenses incurred in defending a civil or criminal action brought as a result of the
     officer or employees discharge of his duties with the City, provided:

     1.             The legal action is resolved in favor of the officer or employee, and

     2.   The officer or employee has executed with the City an indemnity agreement prior to the
          act or omission of the officer or employee which gave rise to the legal action, and

     3.   The indemnity agreement shall be in the same form as set forth in Exhibit A to this
          Ordinance 615, which is on file with the office of the City Clerk and is incorporated
          herein by reference. (Ord. No. 615 §1, 9-21-99)
SECTION 125.275:               SEXUAL HARASSMENT POLICY

A.        Policy Statement.

     1.    It is the policy of the City of Scott City that sexual harassment by any employee,
           commission member, board member, Mayor, member of the public or employees of
           outside organizations will not be tolerated. Sexual harassment is generally consideredto
           be a violation of the sex discrimination provisions of Title VII of the 1964 Civil Rights
           Act and subsequent amendments. Under no conditions will verbal and/or physical
           conduct of sexual nature toward any employee be condoned; nor the creation of a
           hostile work environment based on items, materials, speech, or action of a sexual
           nature. This includes such situations as employment, promotions, wage and salary
           increases, and any other circumstances that might contribute to an intimidating, hostile,
           or offensive work environment.

     2.    Unwelcome sexual advances, request of sexual favors, verbal or physical conduct of a
           sexual nature, or display of sexually explicit materials constitutes sexual harassment
           when:

           a.   Submission to such conduct is made a term or condition of an individual's
                employment,

           b.   Submission to or rejection of such conduct by an employee is used as a basis for
                employment decisions affecting the individual, or

           c.   Such conduct creates an intimidating, hostile, or offensive working environment.

     3.    Any employee who sexually harasses another or one who falsely accuses someone of
           sexually harassing another shall be subject to appropriate disciplinary action. (See City
           discipline policy for possible actions.)

B.      Employees Duties. Any employee who feels that they are the victim of sexual or any
     other form of harassment should take the following steps:

     1.    Make your feelings known in clear terms to the person who you feel is harassing you.
           Also advise them that you are required to document the circumstances and the
           conversation. It is best to address the problem at the onset, rather than waiting until it
           escalates.

     2.    Immediately advise your supervisor; or notify another supervisor of equal or greater
           authority within your department, if your immediate supervisor is responsible for the
           alleged harassment. This does not violate the change of command principle.

     3.    Employees who observe prohibited conduct being exhibited toward another employee
           have the same responsibility to report in to the management. Remember, the victim may
           be too frightened to make the complaint themselves.

C.       Supervisor's Duties. If an employee makes a complaint, the supervisor is required to
     begin an immediate investigation that includes a complete statement from the victim and a
     statement from the alleged perpetrator(s). The supervisor will also include his statement of
     counseling to both parties.
     1.   The victim will be offered to include counseling, if desired. The victim will also be
          directed to note and report any further complaints. The supervisor will assure the
          victim that the department will not tolerate any forms of reprisal and that any complaint
          made in good faith will be addressed and not held against the complainant.

     2.   The employee alleged to have committed the harassment will be counseled as to the
          possible results of their actions, including possible termination and possible civil action
          by the victim.

     3.   The supervisor will then advise the victim of the results of the investigation.

     4.   The final report will be forwarded directly to the City Administrator and/or Mayor for
          review.

     5.   If any employee persists in prohibited conduct, after being counseled by the supervisor,
          he/she will be ordered to the City Administrator for action as directed by the policy on
          discipline.

D.       Confidentiality. All internal investigations taken to resolve complaints of sexual
     harassment shall be conducted confidentially and shall be closed records under the Missouri
     Sunshine Law. Parties required to make statements will refrain from discussing the situation
     to fellow employees, other City Officials or the public. (Ord. No. 637 §1, 9-7-99)




                          CHAPTER 130: ELECTIONS


SECTION 130.010: ELECTION DAY

     The General Election shall be held for the elective offices of this City on the first (1st)
     Tuesday after the first (1st) Monday in April of each year. The candidate receiving a
     plurality of the votes at said General Election shall be elected to the office for which he ran.

     1.              During even numbered years, the qualified voters of each Ward in the City
          shall elect one (1) City Councilman from each Ward and during odd numbered years,
          the qualified voters of each Ward shall elect one (1) City Councilman from each Ward.
          City Councilmen so elected shall hold their respective offices for a term of two (2)
          years until their successors shall be elected and qualified.

     2.            The Mayor shall be elected by the qualified voters of the City in 1996 and
          every fourth (4th) year thereafter. (Ord. No. 44 §1, 12-15-80; Ord. No. 168 §2, 1-20-
          86; Ord. No. 404 §2, 7-6-93; Ord. No. 408 §1, 8-2-93; Ord. No. 524 §1, 8-19-96; Ord.
          No. 576 §1, 8-18-97)


SECTION 130.012:              FILING PERIOD

     The filing period shall open sixteen (16) Tuesdays before the election and will close eleven
     (11) Tuesdays before the election. (Ord. No. 524 §2, 8-19-96; Ord. No. 749 §1, 3-1-04)


SECTION 130.020: DECLARATION OF CANDIDACY

     Any person desiring to become a candidate for any elective office may do so by filing a
     Declaration of Candidacy with the City Clerk at any time during regular office hours in the
     month of January preceding the General Election. The City Clerk shall keep a permanent
     record of the names of the candidates, the offices for which they seek election, and the date
     of their filing, and their names shall appear on the ballots in that order. The aforesaid
     Declaration of Candidacy shall contain the full name of the candidate, his address and age,
     the office for which he proposes to be a candidate, the date of filing, and if nominated and
     elected to such office that said candidate will qualify. Such Declaration of Candidacy shall
     be in substantially the following form:

          "I, the undersigned, a resident and qualified elector in Ward No.       of the City of Scott
          City, Missouri, residing at                            Street in said City in the County of
          Scott and State of Missouri, do announce myself as a candidate for the office of
          to be voted on at the General Election to be held on the first (1st) Tuesday after the first
          (1st) Monday in April, and am eligible therefor, and I hereby request that my name be
          printed upon the official General Election Ballot for such office, and that I will serve as
          such Officer, if elected. (Ord. No. 44 §2, 12-15-80; Ord. No. 139 §1, 11-5-84; Ord.
          No. 404 §4, 7-6-93; Ord. No. 408 §2, 8-2-93; Ord. No. 576 §2, 8-18-97)


SECTION 130.030: QUALIFICATIONS

     Any person who is not qualified for his office as provided by this Code, or other ordinances,
     shall not be entitled to have his name printed on the ballot. The

     qualifications of a candidate for the office shall be determined by the City Council upon a
     hearing given, and upon its own motion, or upon written affidavit by some person that a
     named candidate is not qualified as such for the office sought. (Ord. No. 44 §3, 12-15-80)


SECTION 130.040: WITHDRAWAL OF CANDIDACY

A.      Any person who has filed a Declaration of Candidacy for an elective office and wishes to
     withdraw as a candidate shall, not later than the Friday before the seventh (7th) Tuesday
     prior to the day of the General Election for which he has filed, file a written sworn statement
     of withdrawal in the presence of the City Clerk.

B.      The name of a person who has properly filed a Declaration of Candidacy, or who has not
     given notice of withdrawal as provided in Subsection (A) of this Section, shall, except in
     case of death or disqualification, be printed on the official Election Ballot.
     (Ord. No. 44 §4, 12-15-80; Ord. No. 404 §5, 7-6-93)

SECTION 130.050: CONFORMANCE WITH STATUTES

     All City Elections shall be conducted and held in conformance with the provisions of the
     Statutes of the State of Missouri. (Ord. No. 44 §4, 12-15-80)
SECTION 130.060: COUNTY CLERK CONDUCTS ELECTION; WHEN

     Whenever an overlapping political subdivision conducts an election on the same day as the
     City Election, the County Clerk, as the designated election authority, shall conduct the City
     Election. (Ord. No. 44 §6, 12-15-80)


SECTION 130.070: CITY CLERK TO CONDUCT ELECTION; WHEN

A.      If there is no overlapping political subdivision conducting an election on the same day as
     the City Election and if directed to do so by the City Council or by appropriate election
     ordinance passed prior to 8:00 A.M. on the Friday before the seventh (7th) Tuesday prior to
     the City Election, and if the notification is timely received by the County Clerk, the City
     Clerk shall conduct the City Election in accordance with the appropriate provision of the
     Statutes of the State of Missouri.

B.      Unless the City Council, by an appropriate election ordinance, directs the City Clerk to
     conduct an election when there is no overlapping political subdivisions conducting an
     election on the same day, the County Clerk shall conduct said City Election as made and
     provided in the Statutes of the State of Missouri. (Ord. No. 44 §7, 12-15-80)


SECTION 130.080: NOTICE OF ELECTION

     In City Elections conducted by the County Clerk, the City Clerk shall notify the County
     Clerk prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City Election of the
     forthcoming City election. The notice shall be in writing, and shall specify that the City is
     calling the election, the purposes of the election, the date of the election, and shall include a
     certified copy of the legal notice to be published and the sample ballot. (Ord. No. 44 §8, 12-
     15-80; Ord. No. 524 §3, 8-19-96)

SECTION 130.090: VOTERS MUST BE REGISTERED

     All residents of the City who are qualified, timely and properly registered voters in
     accordance with the Statutes of the State of Missouri shall be entitled to vote in the City
     Election. In order to vote at any City Election, a person must be registered no later than 5:00
     P.M. on the third (3rd) Wednesday prior to the election.
     (Ord. No. 44 §9, 12-15-80)


SECTION 130.100: ADMINISTRATION

     The Election Authority shall designate the polling places in all City Elections in accordance
     with the provisions of the Statutes of the State of Missouri. The Election Authority shall
     appoint all Election Judges in accordance with the provisions of the Statutes of the State of
     Missouri. The City shall pay all election costs as required by the Statutes of the State of
     Missouri to the Election Authority conducting its election. (Ord. No. 44 §10, 12-15-80)
SECTION 130.110: POLICE OFFICER TO ASSIST

     It shall be the duty of the City Police Officer to give any assistance or protection required by
     the Election Authority, any employee of the Election Authority, or any Election Judge, and
     to comply with all lawful requests and directions of the Election Authority relating to such
     assistance. (Ord. No. 44 §11, 12-15-80)


SECTION 130.120: DATES FOR ELECTIONS

     Authorized dates for Special City Elections are the first (1st) Tuesday after the first (1st)
     Monday in March, August, and November of each year. (Ord. No. 44 §12, 12-15-80; Ord.
     No. 524 §4, 8-19-96)


SECTION 130.130: VACANCY IN OFFICE

     Any person appointed to fill a vacancy in an elective office shall serve until the regular
     election, at which time the vacancy shall be filled.


SECTION 130.140: VERIFICATION BOARD

     As soon as practicable after each City Election, the Election Authority shall convene a
     Verification Board in accordance with the Statutes of the State of Missouri to verify the
     account and certify the results of the election. Not later than the second (2nd) Tuesday after
     the election, the Verification Board shall issue a statement announcing the results of each
     election and shall certify the returns to the City Clerk. The City Clerk shall issue to each
     person elected a certificate of election.
     (Ord. No. 44 §14, 12-15-80)


                          CHAPTER 135: CITY COUNCIL


SECTION 135.010: REGULAR MEETINGS

A.      The City Council of the City shall meet in regular session in the Council room of the City
     Hall at the hour of 7:00 P.M. on the first (1st) and third (3rd) Monday of each month.

B.      If any regular session falls on a holiday, as designated in Section 125.150 of the Code,
     the session shall not be held at said time. Instead, the session shall be held on the following
     Tuesday at 7:00 P.M.

C.      The City Council may, by motion, dispense with any regular session, but at least one (1)
     session must be held in each calendar month. (Ord. No. 83 §2, 6-21-82; Ord. No. 443 §1, 9-
     6-94; Ord. No. 511 §1, 6-17-96; Ord. No. 781 §1, 5-2-05)
SECTION 135.020: SPECIAL MEETINGS

     Special meetings may be called by the Mayor or by any two (2) members of the Council 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 serviced
     personally upon each member of the Council or left at his usual place of residence at least
     twenty-four (24) 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 Council in person, either by telephone or otherwise, of such
     special session.

     1.             The City Clerk shall make a diligent effort to notify those members of the
          mass media who customarily attend meetings of the City Council of the special session,
          in the same manner as described above.

     2.             Failure to comply with the requirements of this Section shall not invalidate
          any action taken at a special meeting of the City Council. (CC §24.020)


SECTION 135.030: QUORUM

     A quorum of the City Council shall consist of a majority of the full membership (including
     vacancies and the Mayor of the City). (CC §24.030)


SECTION 135.040: COMPELLING ATTENDANCE

     In case that a lesser number than a quorum shall convene at a regular or special meeting of
     the City Council, 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. (CC §24.040)

SECTION 135.050: EFFECT OF ADJOURNED MEETINGS

     All adjourned meetings of the Council 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.
     (CC §24.045)


SECTION 135.060: DUTIES OF MAYOR AS PRESIDENT OF COUNCIL

A.      At the hour designated for Council meetings, the Mayor shall call the City Council to
     order, and he shall act as President of the Council.

B.      The Mayor shall appoint all Committees, subject to the concurrence of the City Council,
     the appointment of election of which is not otherwise provided for by this Code or other
     ordinance. (CC §24.050)
SECTION 135.070: ACTING PRESIDENT; ELECTION

   In the absence of the Mayor, the Council shall elect one (1) of their own number to occupy
   the place temporarily, who shall be styled "Acting President of the City Council". (CC
   §24.055)


SECTION 135.080: ACTING PRESIDENT; DUTIES

   When any vacancy shall happen in the office of Mayor by death, resignation, removal from
   the City, removal from office, refusal to qualify or from any other cause whatever, the
   Acting President of the City Council 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. (CC §24.060)


SECTION 135.090: RULES OF ORDER

   Except as otherwise provided by law or ordinance, the proceedings of the City Council shall
   be controlled by Robert's Rules of Order, as revised. (CC §24.065)


SECTION 135.100: DECORUM

   The Presiding Officer of the City Council shall preserve decorum and shall decide all
   questions of order subject to appeal to the City Council. Any member may appeal to the
   Council 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. (CC §24.070)


SECTION 135.110: PASSAGE OF ORDINANCES, ETC.

   A majority of the entire Council shall be required to vote in favor of any ordinance before it
   shall be passed and a majority of the whole Council shall be required to vote in favor of the
   expenditures of any amount of money in excess of three thousand dollars ($3,000.00);
   however, such other business of the City may be conducted by a majority vote of those
   present at the meeting. (CC §24.076; Ord. No. 718 §2, 3-17-03)


SECTION 135.120: CONSIDER ITEMS OUT OF ORDER

   Any business may be called up out of the regular order by the consent of a majority of the
   members present. (CC §24.077)
SECTION 135.130: ALL MEMBERS VOTE

     Every member of the City Council shall be required to vote on all questions stated by the
     chair unless he be excused from voting by permission of the Council or unless he be directly
     or indirectly interested in the question stated. (CC §24.078)


SECTION 135.140: ARRIVAL OR DEPARTURE OF MEMBER

     If a member of the City Council shall appear at the meeting after the roll call or shall leave
     the meeting before the meeting is adjourned, the fact that such occurred shall be noted by the
     Clerk upon the record. (CC §24.079)


SECTION 135.150:            PERMISSION REQUIRED FOR MEMBERS TO LEAVE
CHAMBER

     No member of the City Council may leave the Council chamber while in regular or special
     session without permission from the Presiding Officer. (CC §24.080)


SECTION 135.160: RESERVED

               Editor's Note─Ord. no. 534 enacted October 7, 1996, repealed section 135.160
                    without any provisions for its replacement. Said former section derived from
                    CC §24.090 and ord. no. 313 §9, 10-1-90. We have left this section reserved
                    for the city's future use.


SECTION 135.170: EXPRESSION OF DISSENT OR PROTEST BY MEMBER

     Any member of the City Council shall have the right to express dissent from or protest
     against any ordinance or resolution of the Council and to have the reason therefor entered
     upon the journal. Such dissent or protest must be filed in writing and presented to the
     Council not later than the next regular meeting following the date of the passage of the
     ordinance or resolution to which objection is taken. (CC §24.100)


SECTION 135.180: PUBLIC MEETINGS

     All meetings of the Council shall be open to the public, except when permitted by law the
     Council may hold a closed meeting. (CC §24.110)


SECTION 135.190: PROCEDURE AS TO ORDINANCES, RESOLUTIONS, ETC.

A.      All ordinances and resolutions shall be introduced in the City Council in written form
     with the name of the Councilman introducing the same endorsed thereon. All proposed
     ordinances shall be prepared by the City Attorney or bear his certification that they are in
     correct form. A copy thereof shall be sent to each member of the City Council in advance of
     the meeting, to which copy shall be attached a brief resume of the bill together with the
     reasons for the introduction thereof (as prepared by the proponent thereof), and if any
     amendment of an existing ordinance is proposed, the nature of the change sought to be made.
     Failure to follow the procedure shall not invalidate any ordinance or resolution adopted by
     the City Council.

B.       Whenever this Code shall be amended, the title of each amendatory ordinance, adapted to
     the particular circumstances and purposes of the amendment, shall be substantially as
     follows:

     1.            To amend any Section,


          "AN ORDINANCE TO AMEND SECTION                        (or SECTIONS                AND
          ) OF THE CODE OF THE CITY OF                            ."

     2.            To insert a new Section, Article, Chapter or Title:

          "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF
          BY ADDING A NEW SECTION (or NEW SECTIONS, A NEW ARTICLE, A NEW
          CHAPTER, or A NEW TITLE, as the case may be) WHICH NEW SECTION
          (SECTIONS, ARTICLE, CHAPTER or TITLE) SHALL BE DESIGNATED AS
          SECTION          (or SECTIONS            AND           ) OF CHAPTER            OF
          TITLE      (or proper designation if a Chapter or Title is added) OF SAID CODE."

     3.            To repeal a Section, Chapter or Title:

          "AN ORDINANCE TO REPEAL SECTION                  (SECTIONS           AND
          , CHAPTER      , TITLE         , etc., as the case may be) OF THE CODE OF
          THE CITY OF        ." (CC §24.120)


SECTION 135.200:            PROCEDURE AS TO OBJECTIONS UPON SECOND
                         READING OF BILL

     Upon the announcement of a second (2nd) 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 Council vote in favor of rejection, the bill shall be defeated.
     (CC §24.130)


SECTION 135.210: WHEN BILLS MAY BE AMENDED

     Any bill shall be subject to amendment until the vote upon final passage.
     (CC §24.140)

SECTION 135.220: RECORDATION OF "AYES" AND "NAYS" ON FINAL PASSAGE

     On the final passage of every ordinance, the "ayes" and "nays" shall be recorded in the
     record. (CC §24.150)
SECTION 135.230: SPECIAL COMMITTEES

   All special committees shall be appointed by the Mayor of the City unless otherwise ordered
   by a majority of the Council. By consent of a majority of the Council, a special committee
   may be appointed at any time to hold public hearings for the Council upon any matter
   pending before it. A special committee is a committee composed of members of the City
   Council; the concurrence of the Council shall not be required as to the membership of the
   special committee, unless the Council shall order otherwise. (CC §24.160)


SECTION 135.240: JOURNAL TO BE KEPT

   The City Council 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.
   (CC §24.170)


SECTION 135.250: RULES OF PROCEDURE

   The City Council 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 ordinance. (CC §24.180)


SECTION 135.260:          ATTENDANCE AND OATH OF WITNESSES; FEE FOR
                       EXECUTION OF PROCESS

   The City Council 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 therefor such fees as are allowed by law in the Circuit Court for
   similar services, to be paid by the City. The Mayor or Acting President of the City Council
   shall have power to administer oaths to witnesses. (CC §24.190)


SECTION 135.270: AMENDMENT OR SUSPENSION OF RULES

   Any rule of the Council 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
   Council before being voted upon except by the unanimous consent of all elected members of
   the City Council (including the Mayor). Any rule may be suspended by a majority vote of
   the members of the Council, or quorum being present by unanimous consent. (CC §24.200)


SECTION 135.280:           RIGHT TO ATTEND BOARD MEETINGS

   The Mayor, City Administrator and all members of the City Council may attend all meetings
   of any boards, committees, or commissions appointed by the Mayor and/or approved by the
     City Council. No City board, committee or commission shall prohibit attendance of the City
     Administrator, Mayor or Council members at any meetings closed to the public under the
     provision of Chapter 610 of the Missouri Statutes. The Chairman of any board, committee or
     commission holding a closed meeting shall determine whether or not the City Administrator,
     Mayor or Council persons shall be allowed to be heard if they so desire. (Ord. No. 669 §1,
     9-18-00)

                          CHAPTER 140: PROCUREMENT, CONFLICT OF INTEREST


SECTION 140.010: PURCHASING AGENT DESIGNATED

A.       The City Administrator is hereby designated as Purchasing Agent for the City. The City
     Administrator, when authorized, shall procure for the City, bids for the supplies and services
     needed by the City, in accordance with procedures prescribed by this Chapter or as required
     by law. In the event of a vacancy in the office of City Administrator or in the event of the
     City Administrator's temporary absence, the Mayor shall appoint a Purchasing Agent with
     all the power and authority granted to the Purchasing Agent under this Chapter.

B.      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 Purchasing Agent, 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. (CC §25.010; Ord. No. 589 §1, 10-20-97)


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 Purchasing Agent
     shall:

     1.             Act to procure for the City the highest quality in supplies and contractual
          services at the least expense to the City.

     2.            Discourage uniform bidding and endeavor to obtain as full and open
          competition as possible on all purchases and sales.

     3.              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 businesses and organizations.

     4.            Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be filed
          according to materials and shall contain descriptions of vendor's commodities, prices
          and discounts.

     5.             Exploit the possibilities of buying "in bulk" so as to take full advantage of
          discounts.

     6.             Act so as to procure for the City all Federal and State tax exemptions to which
        it is entitled.

   7.             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. (CC §25.020)


SECTION 140.030: REQUISITIONS AND ESTIMATES

   Each City department or agency shall file with the Purchasing Agent 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 Purchasing Agent shall prescribe.

   1.             A City department or agency shall not be prevented from filing, in the same
        manner, with the Purchasing Agent 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.

   2.             The Purchasing Agent shall examine each requisition or estimate and shall
        have the authority to revise it as to quantity, quality, or estimated cost. (CC §25.030)


SECTION 140.040: CONFLICT OF INTEREST

   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 or
   substantial interest, sell any goods or services to any business entity which is licensed by or
   regulated in any manner by the City.
   (CC §25.040)


SECTION 140.050:             CONFLICT OF INTEREST; OFFICERS AND EMPLOYEES
                          NOT TO DEAL WITH CERTAIN ENTITIES

   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.
   (CC §25.050)


SECTION 140.060: CONFLICT OF INTEREST; PENALTIES

   Any person who violates the provisions of Section 140.040 or Section 140.050 shall, upon
   conviction thereof, be punished as provided in Chapter 110 of this Code.
   (CC §25.060)
SECTION 140.070: GIFTS AND REBATES

   The Purchasing Agent 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 Chapter 110 of this Code.
   (CC §25.070)


SECTION 140.080: 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. (CC §25.080)


SECTION 140.090: FORMAL CONTRACT PROCEDURE

   All supplies and contractual services, except as otherwise provided in this Chapter, when the
   estimated cost thereof shall exceed ten thousand dollars ($10,000.00), shall be purchased by
   formal, written contract from the lowest responsible bidder, after due notice inviting
   proposals. All sales of personal property which has 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. (CC
   §25.090; Ord. No. 744 §2, 12-15-03)


SECTION 140.100: NOTICE DEFINED

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

   1.              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.

   2.             The Purchasing Agent 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 bidder's list shall be limited to commodities that
        are similar in character and ordinarily handled by the trade group to which the
        invitations are sent.

   3.             The Purchasing Agent shall also advertise all pending purchases or sales by a
        notice posted on the public bulletin board in the City Hall.
   4.             The Purchasing Agent 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. (CC §25.100)

SECTION 140.110: BID OPENING PROCEDURE

   Bids shall be submitted sealed to the Purchasing Agent and shall be identified as bids on the
   envelope. They shall be opened in public at the time and place stated in public notices. A
   tabulation of all bids received shall be posted for public inspection.
   (CC §25.110)


SECTION 140.120: 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:

   1.             The ability, capacity and skill of the bidder to perform the contract or provide
        the service required;

   2.             Whether the bidder can perform the contract or provide the service promptly,
        or within the time specified, without delay or interference;

   3.             The character, integrity, reputation, judgment, experience and efficiency of
        the bidder;

   4.             The quality of performance of previous contracts or services;

   5.              The previous and existing compliance by the bidder with laws and ordinances
        relating to the contract or service;

   6.             The sufficiency of the financial resources and ability of the bidder to perform
        the contract or provide the service;

   7.             The quality, availability and adaptability of the supplies, or contractual
        services to the particular use required;

   8.             The ability of the bidder to provide future maintenance and service for the use
        of the subject of the contract;

   9.             The number and scope of conditions attached to the bid. (CC §25.120)
SECTION 140.130: BIDS ACCEPTED

     All bids shall be accepted or rejected by the City Council. 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 Council. (CC §25.125)


SECTION 140.140: TIE BIDS

A.      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.

B.       Where there is no local low bidder, the award shall be made on the basis of a drawing of
     lots, to be held in public. (CC §25.130)


SECTION 140.150: 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
     140.090 of this Code shall be made in the open market, without newspaper advertisement
     and without observing the procedure prescribed by Section 140.110 for the award of formal
     contracts.

     1.            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 140.120.

     2.             The City shall solicit bids by,

          a.             Direct mail request to prospective vendors,

          b.             By telephone, and

          c.             By public notice posted on the bulletin board of the City Hall.

     3.             The Purchasing Agent 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. (CC §25.140)


SECTION 140.160: EMERGENCY PURCHASES

     In case of an apparent emergency which requires immediate purchase of supplies or
     contractual services, the City Council 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 City Council. (CC §25.150)
SECTION 140.170: 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.
     (CC §25.160)


SECTION 140.180:            PERSON CONTRACTING WITH CITY MUST PAY LEGAL
                         FEES INCURRED

A.      Any party who enters into a contract with the City of Scott City, Missouri, shall be
     required to pay the legal fees incurred in drafting the contract.

B.      However, notwithstanding the provision of Subsection (A) of this Section, the City
     Council of Scott City, Missouri, may direct the City Attorney to prepare the contract and bill
     the City for all or part of the legal fees incurred in drafting the contract between the City and
     the other party under the following circumstances:

     1.             If, in the City Council's judgment the party entering into a contract with the
          City is unable to pay the legal fees for the contract.

     2.             If, in the City Council's judgment, it is in the best interest of the City that the
          City be billed for the legal services in preparing the contract.
          (Ord. No. 64 §§1-2, 6-15-81)

                           CHAPTER 145: PARKS AND PARK BOARD


SECTION 145.010: PARK BOARD ESTABLISHED

     A Park Board is hereby established to supervise and control all public parks within City
     limits. The Park Board shall consist of nine (9) Directors appointed by the Mayor, with the
     approval of the City Council. The Directors shall be chosen from the citizens of the City at
     large with reference to their fitness for such office. No member of the Municipal
     Government shall be a member of the Park Board. (CC §26.010)


SECTION 145.020: TERMS OF INITIAL DIRECTORS

     The initial nine (9) Directors of the Park Board 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. At the first
     regular meeting of the Park Board following its establishment, the initial nine (9) Directors
     shall cast lots for their respective terms. (CC §26.020)

SECTION 145.030: APPOINTMENT OF SUCCESSOR MEMBERS

     Before June 1, 1976, and before June 1 of each year thereafter, the Mayor shall, with the
     approval of the City Council, appoint three (3) Directors to the Park Board, who shall hold
     office for three (3) years and until their successors are appointed.
     (CC §26.030)
SECTION 145.040: REMOVAL OF DIRECTOR

   The Mayor may, with the consent of the City Council, remove any Director from the Park
   Board for misconduct or neglect of duty. (CC §26.040)


SECTION 145.050: HOW VACANCIES FILLED

   Vacancies in the Board of Directors of the Park Board, occasioned by removal, resignation
   or otherwise, shall be reported to the Mayor and City Council and shall be filled in the same
   manner as original appointments. (CC §26.050)


SECTION 145.060: NO COMPENSATION

   No Director of the Park Board shall receive compensation as such. (CC §26.060)


SECTION 145.070: ORGANIZATION OF THE BOARD

   The Park Board shall have a President and such other Officers as the Directors deem
   necessary. The Board of Directors shall elect its officers from among its members. The
   Directors shall make and adopt such by-laws, rules and regulations for the guidance of the
   Park Board and for the supervision and control of all public parks within the City limits as
   may be expedient, not inconsistent with the laws of the United States and the State of
   Missouri and the ordinances of the City. (CC §26.070)


SECTION 145.080: PARK FUND ESTABLISHED

   A Park Fund is hereby established within the City Treasury for the maintenance of said
   public park. All money received for said public park shall be deposited in the City Treasury
   to the credit of the Park Fund. The Park Fund shall be kept separate and apart from other
   money of the City. (CC §26.080)


SECTION 145.090: PARK FUND EXPENDITURES

   The Park Board shall have exclusive control of the expenditure of all money collected to the
   credit of the Park Fund. The money deposited to the credit of the Park Fund shall be drawn
   upon by the proper Officers of the City upon the properly authenticated vouchers of the Park
   Board. (CC §26.090)


SECTION 145.100: BOARD'S DUTIES AND RESPONSIBILITIES

   The Park Board shall have primary responsibility for the improvement, development,
   management, supervision, operation, maintenance and repair of all public parks within the
     City limits. The Park Board shall have power to appoint and fix the compensation of a
     suitable person and necessary assistants to supervise and care for said park. Such appointees
     may be removed by the Park Board. (CC §26.100)


SECTION 145.110: ANNUAL REPORT

     On or before the second (2nd) Monday in June of each year, the Board of Directors of the
     Park Board shall make an annual report to the Mayor and City Council stating the condition
     of their trust on the first (1st) day of May of that year, the various sums of money received
     from the Park Fund and other sources, the amounts of money expended and the purposes for
     which expended, and such other statistics, information and suggestions as the Directors
     deem of general interest. All portions of such report relating to the receipt and expenditures
     of money shall be verified by affidavit.
     (CC §26.110)


                          CHAPTER 150: MUNICIPAL JUDGE AND MUNICIPAL
                              COURT PROCEDURES


SECTION 150.010: COURT ESTABLISHED

     There is hereby established in the City a court to be known as the Municipal Court of the
     City of Scott City, Missouri. Said court shall be a division of the 33rd Judicial Circuit and
     shall have original jurisdiction to hear and determine all violations against the ordinances of
     the City. (Ord. No. 73 §1, 1-4-82; Ord. No. 432 §1, 5-16-94)


SECTION 150.020: JUDGES─SELECTION

E.      The Judge of the City's Municipal Court shall be known as the Municipal Judge. The
     Municipal Judge shall be appointed by the Mayor, with the consent and approval of the City
     Council, for a term as specified herein. The Municipal Judge shall be designated as the
     Chief Municipal Judge and shall have general administrative authority over any Special
     Municipal Judge.

F.      The Municipal Judge shall hold office for a period of four (4) years, and shall take office
     for quadrinomial terms from April, 1994, and shall be paid for his/her services at a rate
     established by the City Council. If for any reason a Municipal Judge vacates the office, the
     successor shall complete the term of office, even if the same shall be less than four (4) years.

G.       The Mayor, with the consent and approval of the City Council, may also appoint a
     Special Municipal Judge, who shall be known as the Special Municipal Judge, and who shall
     hear particular cases where the Municipal Judge has been disqualified from acting by virtue
     of the Missouri Supreme Court Rules. In all cases where the Special Municipal Judge is
     disqualified from acting pursuant to the Missouri Supreme Court Rules, the Chief Municipal
     Judge shall request the Presiding Judge of the Circuit Court to assign another Judge to hear
     the case or to request that the Presiding Judge direct a request to the Missouri Supreme Court
     to assign a Judge for that purpose. A Special Municipal Judge shall hold office for a period
     of two (2) years from the date of his/her appointment, and shall be paid for services rendered
   at a rate established by the City Council.
   (Ord. No. 73 §2, 1-4-82; Ord. No. 432 §2, 5-16-94)


SECTION 150.030: VACATION OF OFFICE─WHEN

   The Municipal Judge or any Special Municipal Judge shall vacate their office upon the
   following circumstances:

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

   2.   Upon attaining his/her seventieth (70th) birthday. (Ord. No. 73 §3, 1-4-82; Ord. No.
        432 §3, 5-16-94)

SECTION 150.040: QUALIFICATIONS

   The Municipal Judge shall possess the following qualifications before he shall take office:

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

   2.   He must be a resident of the State of Missouri.

   3.   He must be between the ages of twenty-one (21) and seventy (70) years.

   4.   He may serve as Municipal Judge for any other municipality.

   5.   He may not hold any other office within the City Government.

   6.   The Municipal Judge shall be considered holding a part-time position, and as such may
        accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme
        Court Rule 2) other employment. (Ord. No. 73 §4, 1-4-82; Ord. No. 172 §1, 5-5-86;
        Ord. No. 432 §4, 5-16-94)


SECTION 150.050:           MUNICIPAL COURT SUBJECT TO HIGHER COURT
                        DIRECTIVES

   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 directives. (Ord. No. 73 §5, 1-4-82)


SECTION 150.060: DOCKET TO BE KEPT

   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 Scott 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 presiding Judge of the Circuit.
     (Ord. No. 73 §5, 1-4-82)


SECTION 150.070: POWERS AND DUTIES OF MUNICIPAL JUDGE

     The Municipal Judge shall be and is hereby authorized to:

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

     2.            Administer oaths and enforce due obedience to all orders, rules and
          judgments made by him, 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.

     3. 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.

     4.             Make and adopt such rules of practice and procedure as are necessary to
          implement and carry out the provisions of this Section, 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.

     5.            The Municipal Judge shall have such other powers, duties and privileges as
          are or may be prescribed by the laws of this State, and other ordinances of this City.
          (Ord. No. 73 §7, 1-4-82)


SECTION 150.080: TRAFFIC VIOLATIONS BUREAU

A.      Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the
     City shall provide all expenses incident to the operation of same. The City Collector is
     hereby designated as the Traffic Violations Clerk for said Bureau, if established.

B.      The Traffic Violations Clerk will accept the appearance, waiver of trial and plea of guilty
     and payment of fine and costs in Traffic Violation Bureau cases or as directed by the
     Municipal Judge. (Ord. No. 73 §8, 1-4-82)

SECTION 150.090: 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. (Ord. No. 73 §9, 1-4-82)
SECTION 150.100: TRIAL BY JURY

   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
   ten (10) days prior to the hearing date, the Municipal Judge shall certify the case to the
   presiding Judge of the Circuit Court for reassignment, as provided in Rule 37.61 of the
   Missouri Rules of Procedure. (Ord. No. 73 §10, 1-4-82)


SECTION 150.110: JUDGE MAY DEFER TO CIRCUIT COURT; WHEN

   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
   Associate Circuit Judge within the County. (Ord. No. 73 §11, 1-4-82)


SECTION 150.120: JUDGE TO COMMIT DEFENDANT TO SAFE PLACE

   If in the opinion of the Municipal Judge, the City has no suitable and safe place of
   confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall
   be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon
   receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner
   until discharged by due process of law. The municipality shall pay the board of such
   prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping
   of such prisoner in his custody. The same shall be taxed as cost.
   (Ord. No. 73 §12, 1-4-82)


SECTION 150.130: JUDGE MAY ISSUE PAROLE OR PROBATION

   Any Judge hearing violations of Municipal ordinances may, when in his judgement it may
   seem advisable, grant a parole or probation to any person who shall plead guilty or who shall
   be convicted after a trial before said Judge. (Ord. No. 73 §13, 1-4-82)


SECTION 150.135:            JUDGE MAY STAY ASSESSMENT OF POINTS, WHEN

   Effective January 1, 1984, the Municipal Court may, in connection with the disposition of
   any offense which is a "point offense" resulting in the assessment of one (1), two (2), three
   (3), or four (4) points by the State Director of Revenue under the provisions of RSMo.,
   §302.302 (1), (2), or (4), order the staying of the assessment of points upon satisfactory
   completion of a driver improvement program approved by the State Director of the
   Department of Public Safety, as provided by RSMo. §302.320.4.
   (Ord. No. 90 §2, 10-4-82)
SECTION 150.140: TRIAL DE NOVO

     The defendant shall have a right to a trial de novo, except a plea of guilty or a case which has
     been tried by a jury, before a Circuit Judge or an Associate Circuit Judge. Such application
     for a trial de novo shall be filed within ten (10) days after the judgment and shall be in the
     form as provided by Supreme Court rules. (Ord. No. 73 §14, 1-4-82)


SECTION 150.150: JURY TRIAL RECORDS

     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 Appellant Court. (Ord.
     No. 73 §15, 1-4-82)


SECTION 150.160: BREACH OF RECOGNIZANCE

A.      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.

B.     All monies recovered in such actions shall be paid over to the Municipal Treasury to the
     General Revenue Fund of the municipality. (Ord. No. 73 §16, 1-4-82)


SECTION 150.170: DISQUALIFICATION OF JUDGE; WHEN

     A Municipal Judge shall be disqualified to hear any case in which he is in 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. 73 §17, 1-4-82)


SECTION 150.180: ABSENCE OF MUNICIPAL JUDGE

     If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may designate
     some competent, eligible person to act as Municipal Judge until such absence or
     disqualification shall cease. (Ord. No. 73 §18, 1-4-82)


SECTION 150.190:            CLERK OF MUNICIPAL COURT─APPOINTMENT AND
                         DUTIES

     The Clerk of the Municipal Court shall be appointed by the Mayor and approved by the
     Council. The duties of said Clerk may be as follows:
   1.             To collect such fines for violations of such offenses as may be described, and
        the Court costs thereof.

   2.             To take oaths and affirmations.

   3.             To accept signed complaints, and allow the same to be signed and sworn to or
        affirmed before him.

   4.             Sign and issue subpoenas requiring the attendance of witnesses and sign and
        issue subpoenas duces tecum.

   5.            Perform all other duties as provided for by ordinance, by rules of Practice and
        Procedure in Municipal and Traffic Courts and by Statutes.

   6.             Maintain, properly certified by the City Clerk, a complete copy of the
        ordinances of the City or the municipality which shall constitute prima facie evidence
        of such ordinance before the Court. Further, to maintain a similar certified copy on file
        with the Clerk serving the Circuit Court of this County. (Ord. No. 73 §19, 1-4-82; Ord.
        No. 172 §2, 5-5-86)


SECTION 150.200: COURT COSTS

   In addition to any fine that may be imposed by the Municipal Judge, there is assessed Court
   costs in the amount of twelve dollars ($12.00), which shall be collected by the Municipal
   Court, plus an additional two dollars ($2.00) in Court costs, provided said additional two
   dollars ($2.00) in Court costs shall not be collected from non-moving traffic violations,
   which said costs are in addition to service costs, witness fees, jail costs, alcohol-related
   processing costs, and costs of victims of domestic violence, as otherwise provided by State
   Statute and Municipal Ordinances. (Ord. No. 172 §3, 5-5-86; Ord. No. 432 §5, 5-16-94;
   Ord. No. 491 §1, 8-7-95)


SECTION 150.205:           RESERVED

             Editor's Note─Ord. no. 775 §1, adopted April 4, 2005, repealed section 150.205
                  "judgments─alcohol-related traffic offenses" in its entirety. Former section
                  150.205 derived from ord. no. 691 §1, 9-4-01. At the editor's discretion, this
                  section has been reserved for the city's future use.


SECTION 150.210:           FINES

   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. 73 §21, 1-4-82)
SECTION 150.220:              ADDITIONAL COURT COSTS

A.       The Scott City Municipal Court is hereby directed to collect from each defendant
     convicted of a moving traffic violation an additional seven dollars fifty cents ($7.50) in costs
     to cover the Crime Victims' Compensation Fund.

B.      The Municipal Court is further directed to pay seven dollars thirteen cents ($7.13) of the
     additional seven dollars fifty cents ($7.50) collected from each defendant to the Missouri
     Department of Revenue and to pay the remaining thirty-seven cents ($.37) into the City
     Treasury.

C.        Costs For Domestic Violence.

     1.    In addition to all other Court costs authorized by State Statutes or by the City Code of
           Scott City, Missouri, the Scott City Municipal Court is hereby directed to collect from
           each defendant the sum of two dollars ($2.00) for each Court proceeding filed for
           violation of the ordinances of the City.

     2.    The Judge may waive assessment of the costs in those cases where a defendant is found
           by the Judge to be indigent or unable to pay.

     3.    Such costs shall be collected by the Clerk and disbursed as directed by the City Council
           monthly.

     4.    The City shall use such additional costs only for the purpose of providing operating
           expenses for shelters for battered persons as defined in Sections 455.200─455.230,
           RSMo.

D.       Cost For Training Fund. In addition to all other costs authorized by the State Statutes or
     the City Code of Scott City, Missouri, the Scott City Municipal Court is hereby directed to
     collect from each defendant the sum of three dollars ($3.00) for each Court proceeding filed
     for violation of the ordinances of the City, one dollar ($1.00) of said costs shall be sent to the
     State Treasury for the credit of the Peace Officers Standards and Training Commission Fund
     created in Section 590.178, RSMo. The Clerk shall disburse the funds to the State Treasury
     as provided by Section 514.015, RSMo. Two dollars ($2.00) of said costs shall be
     distributed to the local training fund maintained by the Municipal Police Department. (Ord.
     No. 244 §§1—2, 11-7-88; Ord. No. 397 §1, 3-1-93; Ord. No. 532 §1, 10-7-96; Ord. No. 651
     §1, 2-25-00; Ord. No. 693 §1, 9-4-01)


SECTION 150.225:              WARRANT FEES

     In all cases brought before the Judge in Municipal Court for violation of any ordinances of
     the City, the sum of twenty dollars ($20.00) shall be taxed as costs for the issuance of
     warrants. (Ord. No. 520 §1, 8-5-96)


SECTION 150.230:              BOARDING FEE FOR PRISONERS─ASSESSMENT

A.      The City hereby assesses a boarding fee of fifteen dollars ($15.00) per day for all
     prisoners incarcerated in the City Jail on charges relating to municipal ordinance violations
     and twenty-five dollars ($25.00) per day for all prisoners incarcerated in the City Jail on
     charges relating to violations of State or Federal law.

B.      The Municipal Judge, upon a finding of guilty against any defendant, shall assess as
     additional costs the cost of boarding said defendant as set forth in Subsection (A) of this
     Section. The Municipal Judge may require payment of said boarding cost as a condition of
     probation.

C.      The City Attorney is hereby authorized to collect, through appropriate legal action, any
     delinquent boarding cost incurred in the City Jail by any person, which was assessed by the
     Municipal Judge upon a finding of guilty. (Ord. No. 285 §§1—3, 11-20-89; Ord. No. 527
     §1, 9-3-96)


                           CHAPTER 155: CITY CEMETERY


SECTION 155.010: DEFINITIONS

     As used in this Chapter, the following words and phrases will have the following meanings,
     unless the context clearly indicates a different meaning.

     CEMETERY OR CITY CEMETERY: The cemeteries owned and managed by the City,
     including Lightner's Cemetery, Mt. Zion Cemetery, and Old Eislebin Cemetery, including
     any new land added thereto at any time in the future.

     PERSON: Any person, firm, corporation or association.

     RESIDENT: Any person who has resided within the City limits of the City of Scott City,
     Missouri, for a continuous period of five (5) years immediately preceding his or her purchase
     of a lot or any person who has paid real property taxes to the City of Scott City, Missouri,
     within the five (5) years immediately preceding his or her purchase of a lot. (Ord. No. 177
     §1, 7-21-86; Ord. No. 313 §9, 10-1-90)


SECTION 155.020:             CITY CODE PROVISIONS SHALL BE IN EFFECT IN
CEMETERY

     All provisions of the City Code now in force or hereinafter enacted, relating to and defining
     public offenses in the City, shall, insofar as the same shall be applicable, be in full force and
     effect in the City Cemetery. (Ord. No. 177 §2, 7-21-86)


SECTION 155.030: HOURS TO ENTER; EXCEPTION

     It shall be unlawful for any person or persons, other than duly authorized Officers, Officials
     or employees of the City, to enter into or be upon the cemetery grounds of the City during
     the time after 10:00 P.M. and before 5:00 A.M. of any day without first obtaining the
     permission of the Cemetery Manager. It shall further be unlawful at all times for any person
     to enter or leave the grounds other than by the established or open entrances or gateways.
     (Ord. No. 177 §3, 7-21-86)
SECTION 155.040: SPEED LIMIT

   It shall be unlawful for any person to drive any vehicle in said cemetery faster than ten (10)
   miles per hour. (Ord. No. 177 §4, 7-21-86)


SECTION 155.050: GENERAL DRIVING REGULATIONS

   No person shall drive or move any vehicle within the cemetery except over a roadway open
   for vehicular traffic, or obstruct any path or driveway within the cemetery open to vehicular
   traffic. No person shall use the cemetery grounds or any driveway therein as a public
   thoroughfare or drive any vehicle through said grounds except for purposes of making
   deliveries in the cemetery or visiting a grave site.
   (Ord. No. 177 §5, 7-21-86)

SECTION 155.060: NO LITTERING ALLOWED

   It shall be unlawful for any person to dispose of any rubbish, trash, or waste materials, litter,
   or debris of any kind in the City Cemetery. (Ord. No. 177 §6, 7-21-86)


SECTION 155.070: DEFACING PROPERTY PROHIBITED

   No person shall remove, molest, injure, mar, deface, throw away or destroy any headstone,
   monument, survey marker, corner marker, tomb, vault, or mausoleum, or decoration on any
   cemetery lot in said cemetery, or open, disturb or molest any grave or place of burial therein.
   This shall not prohibit acts by Cemetery Officers or employees, or public officials, in
   carrying out their duties. (Ord. No. 177 §7, 7-21-86)


SECTION 155.080: TREES OR SHRUBS; REGULATIONS CONCERNING

   It shall be unlawful for any unauthorized person to plant any tree, shrub or any plant in the
   cemetery except those permitted by the Cemetery Manager. It shall be unlawful for any
   unauthorized person to cut down, injure, break or destroy any tree, shrub or other plant
   growing in the cemetery or to pick, pluck or cut any flower or decorative plant except as
   authorized by the Cemetery Manager, or direction of the City Council.
   (Ord. No. 177 §8, 7-21-86)


SECTION 155.090: CITY MAY REMOVE FLOWERS AFTER FIFTEEN DAYS

   The placing of cut flowers or plastic flowers over individual graves shall be permitted;
   however, the City may remove, without notice, all flowers, real or artificial, that remain over
   fifteen (15) days. (Ord. No. 177 §9, 7-21-86)
SECTION 155.100: CITY CEMETERY MANAGER

   Mayor, with the consent of the City Council, shall appoint a City Cemetery Manager who
   shall be a resident of the City of Scott City, Missouri. Said City Cemetery Manager shall be
   paid compensation as set by the Council and shall serve at the pleasure of the Mayor and
   City Council. The City Cemetery Manager shall be an independent contractor with the City
   and not a City employee. (Ord. No. 177 §10, 7-21-86; Ord. No. 852 §1, 4-6-09)


SECTION 155.105:            SALE OF CEMETERY LOTS

   The City Clerk, or at her direction, the City Collector, shall be responsible for collecting all
   money from the sale of the lots within the cemetery. The Clerk shall keep a permanent book
   of records of all funds received from the sale of cemetery lots and shall annually on June
   thirtieth (30th) make a report in writing to the City Council showing receipts and
   disbursements from the sale of lots. (Ord. No. 852 §2, 4-6-09)

SECTION 155.110: RESPONSIBILITY OF CEMETERY MANAGER

   The Cemetery Manager shall be available at all times to arrange the sale of cemetery lots and
   columbarium spaces and shall be available to funeral homes for the purpose of marking
   graves for burial and to monument companies for setting markers and for lettering dates on
   existing markers. (Ord. No. 177 §11, 7-21-86; Ord. No. 852 §3, 4-6-09)


SECTION 155.120: CEMETERY MANAGER'S REPORT

   The Cemetery Manager shall, at least annually, report to the City Council any necessary
   maintenance and upkeep required for the cemetery including, but not limited to, landscaping
   and repair of headstones and shall recommend appropriate actions to the council. (Ord. No.
   177 §12, 7-21-86; Ord. No. 852 §4, 4-6-09)


SECTION 155.130: GRASS TO BE MOWED

   The City Council shall insure that the grass in the cemetery is regularly mowed, either by
   mowing the grass with the City equipment and employees or by hiring an independent
   contractor to mow the grass. (Ord. No. 177 §13, 7-21-86)


SECTION 155.140: LOTS IN CEMETERY

   Lots in the City cemetery shall be sold to non-residents of the City of Scott City, Missouri,
   for the sum of two hundred dollars ($200.00) per lot and to residents of the City of Scott
   City, Missouri, for the sum of one hundred dollars ($100.00) per lot. The sale of all lots in
   the City Cemetery shall be evidenced by a certificate, signed by the Mayor and
   countersigned by the Clerk, under the Seal of the City, specifying that the purchaser to
   whom said is issued is the owner of the lot or lots described thereof by numbers, as laid
   down on such map or plat, for the purpose of internment. Each owner is to receive a copy of
   the cemetery rules. (Ord. No. 177 §14, 7-21-86; Ord. No. 317 §1, 10-1-90; Ord. No. 731 §1,
   7-7-03)
SECTION 155.145:             SPACES IN COLUMBARIUM

     Spaces in the Scott City columbarium shall be sold to non-residents of the City for the sum
     of six hundred dollars ($600.00) per space and to residents of Scott City for the sum of three
     hundred dollars ($300.00) per space. The sale of all spaces in the columbarium shall be
     evidenced by a certificate signed by the Mayor and countersigned by the Clerk, testifying
     that the purchaser to whom said space is issued is the owner of said space described thereof
     by numbers or as laid down on such diagram of the columbarium for the purpose of
     entombment. Each owner is to receive a copy of the cemetery rules. (Ord. No. 783 §1, 6-
     20-05)


SECTION 155.150:            RESTRICTIONS ON                SALE      AND      TRANSFER         OF
                         CEMETERY SPACES

A.      All spaces in the City cemetery conveyed to a purchaser shall be for the sole and
     exclusive use of the purchaser of the space and the purchaser's immediate family, and for no
     other person or persons.

B.       Owners of any City cemetery spaces shall not allow interments to be made in their spaces
     for a remuneration. In addition, except as hereinafter provided, owners of a City cemetery
     space shall not transfer or assign any space, or interest in a space. However, owners of City
     cemetery spaces may transfer any such spaces to members of the owners' immediate family
     or may transfer such spaces to the City for the original purchase price paid by the owners to
     the City for the purchase of the space. No transfer or assignment of a space can be made
     after an actual interment in it.

C.      No person shall be allowed to purchase more than ten (10) spaces in the City cemetery.
     (Ord. No. 420 §1, 12-20-93)

SECTION 155.160:             RULES OF THE CEMETERY

A.      There shall not be allowed inside the boundary of the City cemetery any glass, porcelain,
     ceramic, tile or other breakable material or items.

B.       Grave "blankets" are not allowed except during the period of November fifteenth (15th)
     to January fifteenth (15th).

C.       Items are only allowed on grave markers that can be affixed in such a fashion to avoid
     interference with maintenance equipment and must be designed so that winds or weather will
     not alter their original placement.

D.      Shepherd hooks (of which only one (1) is allowed per grave site) must be placed in the
     back of the marker and hung over the front side of the marker.

E.      There shall not be allowed the planting of flowers, shrubs, plants, trees or other
     vegetation on any lot or grave. Seasonal flowers are allowed provided they are attached to
     the marker or within one (1) foot of the maker and will not interfere with maintenance
     equipment.
F.               Cemetery caretakers will exercise discretion as to the removal of improperly
placed articles. (Ord. No. 731 §2, 7-7-03) outline is defined and used in this document


                          TITLE II. PUBLIC HEALTH, SAFETY AND WELFARE


                          CHAPTER 200: POLICE DEPARTMENT


                          ARTICLE I. GENERAL PROVISIONS


SECTION 200.010:          FEE FOR COPIES OF REPORTS

     Every person desiring to secure a copy of an accident report shall pay three dollars ($3.00)
     for each copy received. There shall be a five dollar ($5.00) service fee for Civil
     Proceedings. All money received by the Police Department for such reports shall be placed
     in the Police Department petty cash fund. The Chief of Police shall specify in the Operating
     Rules and Regulations what expenditures shall be allowed from that fund. The Police Clerk
     shall keep a record of receipts and disbursements.
     (Ord. No. 138 §71.010, 11-5-84)


SECTION 200.020:          PURCHASE ORDER SYSTEM

     The Chief of Police shall be responsible for purchases within the Police Department.
     Purchases require his signature on a requisition to be given to the City Clerk who will issue a
     purchase order. (Ord. No. 138 §71.020, 11-5-84)


SECTION 200.030: EMERGENCY FUNDS

     The Chief of Police shall have the authority to request emergency funds from the Mayor as
     the need arises. (Ord. No. 138 §71.030, 11-5-84)


SECTION 200.040:          DISPOSITION  OF   UNCLAIMED   OR   ABANDONED
                         PROPERTY IN THE POSSESSION OF THE POLICE
                         DEPARTMENT OR MUNICIPAL COURT, AND PUBLIC SALE,
                         TRANSFER AND DISPOSAL THEREOF

A.     This Section applies to personal property in the possession of the Police Department or
     Municipal Court, other than motor vehicles, real estate, weapons, drugs or currency, the
     owner of which is unknown and cannot be located through reasonable efforts.

     1.   The Chief of Police shall make reasonable efforts to locate owners of personal property
          in the possession of the Police Department.

     2.   All items of personal property of the value of less than ten dollars ($10.00), which have
     been a possession of the Police Department for a period in excess of thirty (30) days,
     shall be deemed abandoned and may, at the option of the Chief of Police, be disposed of
     as follows:

     a.   Pursuant to the provision of Subsection (A)(4) of this Section.

     b.   Items of a value of less than ten dollars ($10.00) and which, in the opinion of the
          Chief of Police, the cost to the City of collecting said items, advertising the sale of
          the items and auctioning the items would exceed the proceeds received for the
          items, may be disposed of pursuant to contract with a contractor who shall remove
          the items from the possession of the Police Department and shall hold the City
          harmless from any and all claims of personal injury or property damage arising
          from the removal of the property or from claims by third (3rd) parties claiming
          ownership to the property. Any item of property disposed of pursuant to the
          contract shall not be subject to any other provisions of this Chapter.

3.   All items of unclaimed property of the value of more than ten dollars ($10.00), shall not
     be considered abandoned until the requirements set forth in Chapter 447 of the Missouri
     Statutes are complied with. In that respect, the Chief of Police shall make an affidavit
     before the Judge of the Circuit Court of Scott County, Missouri, stating when and where
     he/she found all unclaimed items valued in excess of ten dollars ($10.00), that the
     owner is unknown to him/her, and that he/she has not withheld or disposed of any part
     thereof. If, no owner appears and proves the money or property within forty (40) days,
     after the Judge of the Circuit Court has caused the list to be posted as provided in
     Section 447.030, each item of property valued at less than ten dollars ($10.00) shall be
     deemed abandoned. In the event any item of property exceeds the sum of twenty
     dollars ($20.00), and no owner claims the item within forty (40) days after the list has
     been posted as directed by the Judge, Police Chief shall, within thirty (30) days
     thereafter, cause a copy of the description to be inserted in a newspaper of general
     circulation within the City, for three (3) weeks, and if no owner proves the property
     within one (1) year after such publication, the same shall be deemed abandoned.

4.   The Chief of Police shall keep a current inventory of all unclaimed and abandoned
     personal property in the possession of the Police Department. When any personal
     property has been determined abandoned, as provided above, it may be sold at public
     sale of if the items are of a type that may benefit the City of Scott City, the item or
     items may be transferred to the respective department for use. The respective
     department head shall keep current the inventory of items turned over to that
     department and is subject to inspection by the Chief of Police or his/her delegate. The
     Chief of Police or his/her delegate shall keep current an inventory of all items
     transferred to other departments of the City, which is subject to inspection by the Mayor
     or his/her delegate. Public sales shall be conducted as deemed necessary by the Chief
     of Police of up to four (4) times per year. There shall be a minimum of one (1) public
     sale per year, with all proceeds going into the General Police Fund through the
     Municipal Court. If the property to be sold is not salable, the Judge may order its
     destruction.

5.   The public sale shall be held only after notice has been published in a newspaper of
     general circulation, for two (2) insertions, being the same day each week, and shall be
     held at a public place designated by the Chief of Police. Such notices shall include the
     date, time and place of such sale, but, need not describe the property to be sold.
     6.   Individuals may reclaim personal property up to two (2) hours prior to the beginning of
          the sale by a reasonable show of ownership to the Chief of Police or his/her delegate.
          Once an item is sold, it is considered forfeited.

B.       Motor vehicles, real estate, other property or currency seized as a result of a criminal
     activity, forfeiture proceedings shall be conducted pursuant to the provisions of the Criminal
     Activity Forfeiture Act (CAFA) or Federal Forfeiture statutes for any felony. If any of the
     above is unclaimed after ninety (90) consecutive days following all legal hearings, trial
     proceedings, or all other legal processes involved are completed, legal process shall begin to
     forfeit the property to the Police Department. Any currency in the possession of the Police
     Department, unclaimed after ninety (90) consecutive days, may be placed in the General
     Police Fund by authority of the Municipal Judge.

C.       All drugs and paraphernalia not used in a display for training, the Chief of Police or
     his/her delegate shall petition on the Court of jurisdiction for disposal of the drugs and
     paraphernalia. Upon order, the drugs and paraphernalia shall be disposed of by burning or
     rendering objects unusable. (Ord. No. 294 §§1—2, 2-5-90; Ord. No. 579 §§1─2, 11-17-97;
     Ord. No. 697 §1, 10-1-01; Ord. No. 830 §1, 10-15-07)

SECTION 200.045:         DISPOSITION OF FIREARMS, DANGEROUS AND DEADLY
                         WEAPONS

A.      The Chief of Police or his/her delegate shall dispose of all unclaimed, abandoned, or
     forfeited firearms and dangerous and deadly weapons, and all firearms and dangerous and
     deadly weapons turned in by individuals, in the following manner:

     1.   If the firearm or dangerous and deadly weapon is of the type the Chief of Police
          designates as equipments for the Police Department, then the firearm or dangerous and
          deadly weapon may be utilized as police equipment.

     2.   If the firearm or dangerous and deadly weapon is of historical value, or of an unusual
          nature, the firearm or dangerous and deadly weapon may be placed in the Police
          Department's display case for exhibition purposes only.

     3.   All other firearms or dangerous and deadly weapons shall either be destroyed, in such a
          manner, as to render them irreparable, and buried in the City's landfill or disposed of in
          any other lawful manner.

B.      The Chief of Police or his/her authorized delegate, shall keep a current inventory of all
     such items of this Section.

C.      No firearm shall be considered to be unclaimed or abandoned unless the firearm is in the
     possession of the Police Department for ninety (90) consecutive days. An individual may
     reclaim his/her firearm or dangerous and deadly weapon only upon a reasonable showing of
     ownership. No firearm or dangerous and deadly weapon shall be returned to a convicted
     felon, to a minor, or any other individual not having the right of possession. The ninety (90)
     consecutive day requirement shall not begin to apply to a specific firearm or dangerous and
     deadly weapon when the item is being held for evidence in a trial, or other legal hearing, but,
     shall only begin to run when the trial or legal hearing and all other processes involved are
     completed. (Ord. No. 580 §1, 9-2-97)
                       ARTICLE II. MERIT SYSTEM POLICE DEPARTMENT


SECTION 200.050:        ESTABLISHED─MERIT SYSTEM OF APPOINTMENTS,
                       PROMOTIONS, ETC.

   A Merit System Police Department has been established in the City. Every appointment or
   promotion to a position in the Police Department shall be on the basis of Merit, determined
   by the person's ability and eligibility rating established by competitive examinations. No
   appointment, promotion, demotion or dismissal of a member of the police department shall
   be based on favoritism, prejudice or discrimination, political affiliation or endorsement.
   (Ord. No. 138 §71.050, 11-5-84)


SECTION 200.060: COMPOSITION

   The Police Department of the City of Scott City shall consist of the following:

   Chief                          1

   Lieutenant: One (1) Lieutenant who will assist the Chief of Police in supervising of the
   Department.

   Sergeant: A sufficient number of Sergeants as may be determined by the Mayor and City
   Council to be necessary for the protection and welfare of the City.

   Patrolmen: A sufficient number of Patrolmen as may be determined by the Mayor and City
   Council to be necessary for the protection and welfare of the City.

   Dispatchers: A sufficient number of Dispatchers as may be determined by the Mayor and
   City Council to be necessary for the protection and welfare of the City, at least one (1) of
   which may be required to do Police Department clerical work and may be a Patrolman.
   (Ord. No. 138 §71.060, 11-5-84; Ord. No. 273 §1, 8-21-89; Ord. No. 374 §1, 8-17-92; Ord.
   No. 440 §1, 6-20-94; Ord. No. 655 §2, 3-20-00; Ord. No. 657 §4, 4-17-00; Ord. No. 661 §1,
   6-19-00; Ord. No. 717 §2, 3-17-03; Ord. No. 748 §2, 2-2-04)


SECTION 200.070: APPOINTMENTS AND PROMOTIONS

   The Mayor and City Council shall be required to appoint or promote from a list of eligibles
   certified by the Police Personnel Board. All persons so appointed or promoted shall be
   entitled to hold office during good behavior and efficient service. All members of the Police
   Department appointed under Ordinance No. 67 of the Scott City Municipal Code and all
   dispatchers appointed under Ordinance No. 134 of the Scott City Municipal Code shall
   remain in their office at their present rank and grade, until removed, promoted or demoted by
   operation of this Chapter. (Ord. No. 138 §71.070, 11-5-84)
SECTION 200.080: RIGHT OF PUBLIC HEARING

     Any person suspended, demoted or discharged for misbehavior or inefficiency shall, upon
     his application, be granted a public hearing before the Police Personnel Board.
     (Ord. No. 138, §71.080, 11-5-84)


SECTION 200.090: QUALIFICATIONS

     Any person appointed as a member of the Police Department shall be able bodied,
     industrious and sober, and shall possess such other general qualifications as may be
     prescribed by rule of Police Personnel Board. (Ord. No. 138 §71.090, 11-5-84)


SECTION 200.095:          MANDATORY HOURS

A.      Any Police Officer employed by the City shall be required to have four hundred eighty
     (480) hours of training for certification unless grandfathered under current Missouri POST
     guidelines.

B.       All officers appointed on a probationary basis shall, within one (1) year after said
     officer's initial appointment, take all necessary steps to qualify for certification by the
     Director of the Missouri Department of Public Safety. (Ord. No. 438 §1, 8-15-94; Ord. No.
     717 §2, 3-17-03)

SECTION 200.100: OATH OF OFFICE

     Each member of the Police Department, before entering upon the discharge of his duties,
     shall take the oath of office prescribed for City elective officers administered by the City
     Clerk. (Ord. No. 138 §71.100, 11-5-84)


SECTION 200.110: CHAIN OF AUTHORITY

     The Chief of Police, in discharge of his duties, shall be subject to the orders of the Mayor
     only; all other members of the Police Department shall be subject to the orders of their
     superiors in the Police Department and the Mayor only. (Ord. No. 138 §71.110, 11-5-84)

SECTION 200.120: POWERS GENERALLY

     Every officer of the Police Department, other than dispatchers shall have power at all times
     to make or order an arrest with proper process for any offense against the laws of the City,
     and to keep an offender in any City prison or jail or other proper place to prevent his escape
     until trial before the City Police Judge, unless such offender shall give a good and sufficient
     bond for his appearance for trial. Every officer of the Police Department, other than
     dispatchers, shall also have power to make arrests without process in all cases in which any
     offense against the laws of the City shall be committed in his presence. Every officer of the
     Police Department, other than dispatchers shall have the power to serve and execute all
     warrants, subpoenas, writs or other process issued by the Police Judge of the City at any
     place within the limits of the County within which the City is located. (Ord. No. 138
     §71.120, 11-5-84)
SECTION 200.125:          MUTUAL AID IN EMERGENCIES

     Under the authority set forth in Section 70.837, RSMo., the Scott City Police Department is
     hereby authorized to respond and provide assistance as requested in any mutual aid or
     emergency aid request. (Ord. No. 597 §1, 2-2-98; Ord. No. 600 §1, 4-20-98)


SECTION 200.130: CITIZENS TO RENDER ASSISTANCE WHEN REQUIRED

     The Chief of Police or any policeman of the City is authorized, whenever he deems it
     necessary, to call to his assistance any person needed to aid him in making arrests.
     (Ord. No. 138, §71.130, 11-5-84)


SECTION 200.140:          DUTIES GENERALLY

A.       Each member of the Police Department shall be a conservator of the peace and shall be
     active and vigilant in the preservation of good order within the City.

B.       Any person arrested and taken to the City Jail shall be searched by an authorized member
     of the Department, and a correct memorandum shall be made of all personal property on the
     person so arrested, and such property shall be preserved in safekeeping until returned by the
     Police Judge or other proper authority.

C.      Each dispatcher shall keep a record of all calls received during his hours of duty.

D.     A record shall be kept of all arrests, convictions, accidents, traffic tickets and all other
     matters handled by the Police Department.

E.      All members of the Department shall report any known violations of this Code and other
     ordinances of the City to the City Attorney and take all necessary steps to enforce this
     Chapter and all City ordinances.

F.       Each dispatcher shall receive calls for assistance from citizens of the City of Scott City
     and from others who may be entitled to the City's service and, upon receipt of said calls, and
     after considering both the need of the caller and the availability of the City's resources,
     dispatch the required Police Department units, Fire Department units, emergency medical
     units, or such other available City resources as may be necessary to assist the caller, and
     such other duties as may be prescribed by the Chief of Police.

G.       Every member of the Police Department shall be required to submit to a polygraph test,
     when directed to by the Chief of Police. The Chief of Police shall be required to submit to a
     polygraph test when directed to by the Mayor. Neither the Mayor or the Chief of Police
     shall direct any member of the Department to submit to a polygraph test unless allegations of
     official misconduct or criminal activity concerning the Officer directed to submit to the
     polygraph test are in issue. (Ord. No. 138 §71.140, 11-5-84)
SECTION 200.150:          PROHIBITED ACTS AND PRACTICES GENERALLY

A.      No person shall willfully or corruptly make any false statement, certificate, mark or
     report in regard to any examination, certification or appointment held or given under the
     provisions of this Chapter, or in any manner commit, or attempt to commit, any fraud
     preventing the impartial execution of the provisions of this ordinance, or of any rules and
     regulations made thereunder.

B.      No person seeking appointment to, or promotion in, the Police Department shall, either
     directly or indirectly, give, render or pay any money, service or other valuable thing to any
     person for, or on account of, or in connection with, his examination, appointment, proposed
     appointment, promotion or proposed promotion.

C.      No person holding any elective public office shall, while holding such office, be
     appointed to the Police Department.

D.      No person shall use, or threaten to use, any influence, persuasion or coercion to compel,
     or attempt to compel, any member of the Police Department to violate any provision of this
     Section.

E.      No person shall use, or promise to use, directly or indirectly, for any consideration
     whatsoever, any official authority or influence to secure or attempt to secure for any person
     an appointment or advantage in any appointment to any position in the Police Department or
     any increase in pay, promotion or other advantage in the Department. (Ord. No. 138
     §71.150, 11-5-84; Ord. No. 717 §2, 3-17-03)


SECTION 200.160:          FORFEITURE OF POSITION FOR VIOLATION

     Any member of the Department who violates any provision of Section 200.150 shall, upon
     conviction therefore, forfeit his position as a member of the Department.
     (Ord. No. 138 §71.160, 11-5-84)


SECTION 200.170:          UNIFORM AND BADGE─PLAINCLOTHESMEN

     All members of the Police Department, while on duty shall wear a uniform and badge
     prescribed by the Chief of Police, to indicate his official position. The Chief of Police may
     designate one (1) or more members of the Department as plainclothesmen for such period of
     time as the Chief of Police may deem necessary.
     (Ord. No. 138 §71.170, 11-5-84)


SECTION 200.180:          ASSIGNMENT OF SHIFTS

     The Chief of Police or his designated agent shall arrange shifts each day in such a manner as
     will promote efficient working conditions in the Department.
     (Ord. No. 358 §1, 12-2-91)
SECTION 200.190:        VACATIONS, LEAVE, ETC.

   Chapter 125 Personnel shall apply to the Police Department in all Sections that do not
   conflict with Chapter 200, Police Department. (Ord. No 138 §71.190, 11-5-84)

SECTION 200.200:        RESERVED

             Editor's Note─Ord. no. 570 §1, enacted July 7, 1997, repealed section 200.200 in
                  it's entirety without any provisions for replacement. Former section derived
                  from ord. no. 263 §1, 6-19-89. This section has been left reserved for the
                  city's future use.


SECTION 200.210:        AUTHORITY OF MAYOR TO SUSPEND WITHOUT PAY OR
                       DISCHARGE CHIEF OF POLICE─RIGHT OF APPEAL

   The Mayor shall have the authority to suspend without pay or recommend the discharge of
   the Chief of Police for cause. A written statement of reasons for disciplinary action shall be
   given at the time of action. In the case of a recommended discharge, the Chief of Police
   shall be granted the right of appeal in advance of the recommended action. If he does not
   appeal after being advised of the charges, then the recommendation of the Mayor shall
   become effective. In the event of a recommended discharge, the Chief of Police shall be
   suspended without pay pending final determination of the recommended action. For right of
   appeal, see Section 200.460 of this Article. Time limit for making appeal shall be five (5)
   working days.
   (Ord. No. 138 §71.210, 11-5-84)


SECTION 200.220:        AUTHORITY OF CHIEF OF POLICE TO SUSPEND WITHOUT
                       PAY OFFICERS AND DISPATCHERS─RIGHT OF APPEAL

   The Chief of Police shall have the authority to suspend for a definite period of time any
   Officer of the Police Department or dispatcher for cause. A written statement of reasons for
   suspension shall be given at the time of action. For right of appeal, see Section 200.460 of
   this Article. Time limit for making appeal shall be five (5) working days. (Ord. No. 138
   §71.220, 11-5-84)


SECTION 200.225:        VACANCY IN OFFICE OF CHIEF OF POLICE

   During any period where there is a vacancy in the office of Chief of Police, the ranking
   officer shall have the same authority granted the Chief of Police under this Chapter.
   (Vacancy would not include off duty time such as off days or vacations).
   (Ord. No. 302 §1, 4-16-90)


SECTION 200.230:        AUTHORITY OF CHIEF OF POLICE TO DEMOTE OR
                       DISCHARGE   POLICE   OFFICERS AND DISCHARGE
                       DISPATCHERS─RIGHT OF APPEAL
   The Chief of Police shall have the authority to demote or discharge pending appeal of any
   officer or employee of the Police Department for just cause. A written copy of the charges
   shall be given to the officer or employee, City Administrator and Mayor at the time of
   action. The officer or employee shall be granted the right to appeal within the time period
   specified in Section 200.460 of this Chapter. Failure to appeal in the required time period
   qualifies the Chief of Police's action as final. (Ord. No. 138 §71.230, 11-5-84; Ord. No. 717
   §2, 3-17-03)


SECTION 200.240:        RULES AND REGULATIONS

   The Chief of Police shall develop and may amend from time to time operating Rules and
   Regulations for the Scott City Police Department, which shall become binding upon the
   written approval of the Mayor. Any violation thereof shall be subject to disciplinary action.
   A copy of the Rules and Regulations shall be on file at the City Clerk's office. (Ord. No. 138
   §71.240, 11-5-84; Ord. No. 547 §1, 2-18-97)


SECTION 200.250:        SALARIES AND CITY SERVICE CLASSIFICATION

   The salaries and City service classification are set forth in Chapter 125 and Section 125.240
   of the Scott City Code. (Ord. No. 138 §71.250, 11-5-84)


SECTION 200.260:        INTER-DEPARTMENT COMPLAINTS

   Any inter-department complaint that cannot be resolved within the Department, may be
   taken to the Police Personnel Board at their regular monthly meeting. If the Board feels the
   Chief of Police is in error, they shall notify the Mayor. If the Board feels some member of
   the Department is in error, they shall notify the Chief of Police and the Mayor. (Ord. No.
   138 §71.260, 11-5-84)


SECTION 200.270:        CHIEF OF POLICE TO SERVE AS EX-OFFICIO SERGEANT
                       OF ARMS

   The Chief of Police shall be ex-officio Sergeant of Arms of the City Council, shall attend its
   meetings (unless he is excused by the Mayor), preserve order in the Council Chamber and
   execute its orders, notices or mandates.
   (Ord. No. 138 §71.270, 11-5-84)


SECTION 200.280:        RESERVED

                  ARTICLE III. POLICE PERSONNEL BOARD

SECTION 200.290:        POLICE PERSONNEL BOARD ESTABLISHED

   A Police Personnel Board has been established in the City of Scott City. For the purposes of
   Article III, the Police Personnel Board shall hereinafter be referred to as "The Board". (Ord.
   No. 138 §71.290, 11-5-84)
SECTION 200.300:        MEMBERSHIP APPOINTMENT

   The Board shall consist of six (6) members, three (3) of which shall be from the largest
   political party and three (3) members of which shall be from the second (2nd) largest
   political party within the City. All appointments shall be for four (4) year terms. The
   Mayor, with the consent of the majority of the City Council, shall make appointments and
   fill vacancies for any unexpired terms. Members of the Board shall serve until their
   successors shall have been appointed and qualified. The appointments shall be so staggered
   that the terms of no more than two (2) members shall expire at the same time. (Ord. No. 138
   §71.300, 11-5-84; Ord. No. 522 §1, 9-3-96)


SECTION 200.310:        QUALIFICATIONS

   No person shall be appointed to the Board unless he has attained his twenty-first (21)
   birthday, is a legal voter of the City and has been a resident of the City for at least two (2)
   years immediately prior to his appointment. He shall be a person of good character and
   reputation and shall not hold any other office or public employment under the City. (Ord.
   No. 138 §71.310, 11-5-84)


SECTION 200.320:        OATH OF OFFICE

   Members of the Board shall be required to take the oath of office prescribed for City elective
   Officers administered by the City Clerk.
   (Ord. No. 138 §71.320, 11-5-84)


SECTION 200.330:        CHAIRMAN

   Each year, in the month of July, the Board may select one (1) of its members to serve as
   Chairman and one (1) to serve as Vice-Chairman and one (1) to serve as Secretary. The
   Board shall adopt and may amend from time to time rules governing its internal operations, a
   copy of which shall be on file with the City Clerk. The Chairman shall be required to vote
   when it is necessary to break a tie or his vote is needed to make a quorum. If for any reason,
   a vacancy occurs in the office of Chairman, Vice-Chairman or Secretary, between July of
   each year, the Board shall have the authority to select one (1) of its members to fill the
   vacancy.
   (Ord. No. 138 §71.330, 11-5-84; Ord. No. 302 §3, 4-16-90)


SECTION 200.340:        MEETINGS

   Regular meetings shall be held once a month on a day set by the Chairman of the Board.
   Failure to attend three (3) or more consecutive meetings shall be cause for removal from the
   Board. (Ord. No. 138 §71.340, 11-5-84)
SECTION 200.350:           QUORUM

     A majority of the members of the Board shall constitute a quorum and the action of a
     majority of the members present at a meeting at which a quorum is present shall be the
     action of the Board. (Ord. No. 138 §71.350, 11-5-84)

SECTION 200.360:           REMOVAL FROM OFFICE

     The Mayor may with the consent of a majority vote of the City Council, remove any member
     of the Board from office. A member may also be removed by two-thirds (2/3) vote of the
     City Council independently of the Mayor's approval or recommendation. A removal from
     office shall result in a vacancy in such office.
     (Ord. No. 138 §71.360, 11-5-84)


SECTION 200.370:           COMPENSATION

     Members of the Board shall serve without compensation.
     (Ord. No. 138 §71.370, 11-5-84)


SECTION 200.380:           POWERS AND DUTIES GENERALLY

     The Board shall be required to give examinations to candidates for appointment or
     promotion and to certify lists of eligibles to the Mayor.
     (Ord. No. 138 §71.380, 11-5-84)


SECTION 200.390:           EXAMINATIONS

A.       The Board or the Chief of Police at the Board's direction, shall from time to time, conduct
     open, competitive examinations and promotional examinations as they deem necessary to
     establish eligibility and promotional registers. The examinations shall be of such character
     as to determine the relative qualifications, fitness and ability of the persons tested to perform
     the duties of the class of position for which a register is established. The examination may
     be divided into various parts and may be written, oral or physical, or it may evaluate training
     and experience, require a demonstration of skill or it may be any combination of these
     factors. The examination shall be of such character as to determine the relative
     qualifications of the persons taking the examination and may take into consideration any
     relevant factor, including training, experience, aptitude, capacity, knowledge, character,
     health, physical fitness, marksmanship and other qualifications as, in the judgement of the
     Board, shall enter into a proper determination of the relative fitness of the applicants.
     Political or religious opinions or affiliations shall not be considered in determining the
     qualifications of an applicant, and no question shall be framed to elicit information
     concerning such opinions or affiliations.

B.      Same - Notice. The Board shall give public notice of each open, competitive examination
     and promotional examination sufficiently in advance of same and of a sufficient width in
     scope to afford persons who are interested in taking the examination a reasonable
     opportunity to apply. The time between the official announcement of an examination and
     the holding of the examination shall not be less than fifteen (15) days. Each official notice
   of an examination shall state the titles, job description and pay of the position in the class for
   which the examination is to be held, the necessary or desirable qualifications required and
   the time, place and manner of applying for admission to such examination. The official
   announcement shall consist of the posting of an official notice thereof in any newspaper
   published and of general circulation within the City, and the posting of an official notice
   thereof on a public bulletin board maintained at the office of the Police

   Department and in the City Hall building. The Board shall also use such other means of
   publication as, in its judgement, is best suited and reasonably necessary to inform the public
   that the examination is to be given. (Ord. No. 138 §71.390, 11-5-84)


SECTION 200.400:         RATING

   Ratings of each examination shall be completed, and the appropriate registers established,
   not later than ninety (90) days after the first part of the examination was held, unless such
   time is extended by the Board for reasons stated in their official records. The methods of
   rating the various parts of the examinations and the minimum satisfactory grade shall be
   determined by appropriate regulations. Each person taking the examination shall be notified
   in writing whether he passed or failed the examination. Each person taking the examination
   shall in accordance with regulations adopted by the Board, be entitled to inspect his
   examination papers and ratings, but ratings shall not be open to inspection by the general
   public. A manifest error in rating and grading of an examination which affects the relative
   ranking of persons taking the examination shall be corrected, if called to the Board's
   attention, in writing, by certified mail within thirty (30) days after the establishment of the
   register, but such correction shall not invalidate any appointment previously made from such
   register, unless it is established that the error was made in bad faith and with intent to
   deprive the person adversely affected by certification to the eligibility list. (Ord. No. 138
   §71.400, 11-5-84)


SECTION 200.405:         PROMOTIONS WITHIN THE DEPARTMENT

   If the Board determines that a suitable candidate for a vacated office is available within the
   department, it may elect not to advertise the vacancy to the public as set forth in Section
   200.290(B) of this Chapter. Instead, the Board may examine members of the Police
   Department suitable for promotion to the vacancy and certify a list of the members of the
   department, who have passed the examination, to the Mayor. If the Mayor elects not to
   appoint from the members of the departments certified by the Board, the Board shall
   thereafter notify the public of the vacancy as set forth in Section 200.390(B) of this Chapter.
   (Ord. No. 593 §1, 12-15-97)


SECTION 200.410:         REGISTERS

   The Board shall keep an application and promotional register, in which shall be entered the
   names and addresses of all applicants, the order and date of all applications for competitive
   examinations and the positions in the Police Department sought by the applicants. All
   applications shall be on forms prescribed by the Board.
   (Ord. No. 138 §71.410, 11-5-84)
SECTION 200.420:         REJECTION OF APPLICATIONS

   The Board may reject the application of any person for admission to an examination or may
   strike the name of any person on a register for a position in the Police Department, or
   withdraw the certification of such person, if it finds that such person lacks any of the
   required qualifications, is physically unfit to perform effectively the duties of the position to
   which he seeks employment, is addicted to the habitual use of drugs or intoxicating
   beverages, has been convicted of a crime or guilty of any notorious or disgraceful conduct,
   has been dismissed from any public service because of delinquency or has made a false
   statement of fact or attempted to practice any fraud or deception in his application, or in his
   examination, or in attempting to secure appointment to the City Police Department. (Ord.
   No. 138 §71.420, 11-5-84)


SECTION 200.430:         RULES AND REGULATIONS

   The Board shall formulate and adopt all necessary rules and regulations reasonably
   necessary for the efficient operation of the merit system and for the qualification and
   appointment of members to the City Police Department. The rules approved by the Board
   shall then be submitted to the City Council and shall become effective when approved by the
   Council. The rules shall include provisions for:

   1.             Frequency of competitive examinations

   2.             Standardization and classification of all positions in the Police Department on
        the basis of duties and responsibilities, so arranged as to promote the filling of the
        higher grades through promotion as fast as practicable.

   3.              Certification to the Mayor of eligible persons in order of rank, for the purpose
        of filling vacancies.

   4.            Temporary or emergency appointments, in the absence of an eligibility list.
        (Ord. No. 138 §71.430, 11-5-84)


SECTION 200.440:         CERTIFICATION OF ELIGIBLES

   The Board shall certify a list of all eligible persons for membership in the Police Department
   to the Mayor, as often as is necessary for the good of the Department and the interest of the
   public. (Ord. No. 138 §71.440, 11-5-84)

SECTION 200.450:         OATHS AND SUBPOENAS

   Any member of the Board, on behalf of the Board shall have power to administer oaths,
   subpoena witnesses and compel the production of books and records relevant to any
   investigation or hearing authorized by this Article. Attendance of witnesses may be
   compelled by attachment if necessary. Persons who fail to produce books and records
   subpoenaed by the Board, or who fail to testify without lawful cause, or who testify falsely,
   shall be deemed guilty of a misdemeanor.
   (Ord. No. 138 §71.450, 11-5-84)
SECTION 200.460:         APPEALS

   Any member of the City Police Department or dispatcher who is suspended, demoted, or
   discharged may appeal within the prescribed time limit in writing to the Board setting forth
   his reasons for claiming his suspension, demotion, or discharge was not for good cause or for
   the good of the department. Upon such action the Board shall make an investigation of the
   reasons stated for disciplinary action and shall set time and date and shall hear the appeal in
   the City Council chambers within fourteen (14) days of receipt of request, unless the time
   shall be extended for good cause. The Board shall notify by registered mail or personal
   service, the date, time and place of hearing to the appellant at least ten (10) days prior to the
   hearing. The appellant shall state in the appeal his/her request for a public or private
   hearing. If not stated, the hearing shall be closed. Notice of closed hearing shall be posted
   twenty-four (24) hours in advance. Whether public or private, the appellant, Chief of Police,
   Mayor, City Administrator and City Council shall have the right to be present during the
   hearing and to be heard in person if they so desire. The appellant shall have the right to be
   represented by counsel and to present evidence. Technical rules of evidence shall not apply
   at such hearings. Upon consideration of the evidence, and within three (3) days of the
   conclusion of the hearing, the Board shall have the authority to uphold, overturn or modify
   the severity of the action appealed from. In the event the action appealed from is overturned,
   the appellant is reinstated to his former position with his/her lost pay. In the event the action
   appealed from is modified the Board may enter such order lessening the severity of the
   action as in its judgement is just and proper. The Board shall within three (3) days of the
   close of the hearing, give notice by registered mail or personal service of its findings to the
   appellant and shall place a copy of its findings in the appellants personnel file. (Ord. No.
   302 §4, 4-16-90; Ord. No. 509 §1, 2-5-96)


SECTION 200.470:         CITIZEN COMPLAINTS AGAINST POLICE DEPARTMENT

   The Board shall have authority to hear complaints against the Police Department at their
   regular monthly meeting. If a complaint against the Chief of Police is believed to be
   justified, the Board shall notify the Mayor. If a complaint against any other member of the
   Department is believed to be justified, the Board shall notify the Chief of Police and the
   Mayor. (Ord. No. 138 §71.470, 11-5-84)


SECTION 200.480:         AID IN PREPARATION OF BUDGET

   The Board may recommend improvements within the Police Department to the Mayor and
   City Council and shall aid the Chief of Police in the preparation of the Police Department
   budget. (Ord. No. 138 §71.480, 11-5-84)


SECTION 200.490:         APPOINTMENT OF CHIEF OF POLICE

   The Mayor shall, with the advice and consent of a majority of the City Council, appoint the
   Chief of Police from a list of eligibles certified to the Mayor by the Board.
   (Ord. No. 138 §71.490, 11-5-84)
SECTION 200.500:        APPOINTMENT OF REGULAR POLICE OFFICERS AND
                       DISPATCHERS

   The Board shall present a list of certified eligibles for each opening in the Police Department
   to the Mayor. The Mayor and the Chief of Police shall review the list of eligibles and make
   a recommendation to the City Council for their approval.
   (Ord. No. 138 §71.500, 11-5-84)


SECTION 200.510:        PROBATIONARY PERIOD OF APPOINTMENT, REMOVAL
                       DURING PERIOD

   After his initial appointment to the Police Department, all Officers and dispatchers shall
   serve a six (6) month probationary period. This probationary period shall be utilized for
   closely observing the Officer or dispatcher's work and for rejecting any Officer or dispatcher
   whose performance does not meet the required work standards. A review of the Officer or
   dispatcher's work shall be made before expiration of the probationary period by his
   supervisor who shall certify to the City Council that he is fit for permanent employment or
   recommend he be rejected. If the Officer or dispatcher is rejected, he shall have no rights of
   appeal.

   Exception: If there is reason to believe that the probationary Officer or dispatcher may
   develop the ability to perform satisfactorily by the extension of the probationary period, his
   supervisor may recommend an extension not to exceed sixty (60) days.
   (Ord. No. 138 §71.510, 11-5-84)


SECTION 200.520:        PROMOTION OF POLICE OFFICERS

   Promotion of Police Officers to a higher classification may be made at any regular Council
   meeting upon recommendation to the Mayor by the Board and a majority vote of the City
   Council, subject to the following requirements:

   1.   The normal initial employment designation shall be Patrolman I. Per the pay rate after
        completion of initial guidelines, with his/her successful completion of initial
        employment.

   2.   No Patrolman shall be promoted to Corporal unless he/she has successfully completed
        one (1) year of service within the Scott City Police Department, has demonstrated
        satisfactory performance in job dimensions of Police patrol, traffic control and
        investigation, community policing, public relations and court activities, is
        recommended by the Police Chief, and has passed all mental and physical examinations
        as may be promulgated by the Police Personnel Board to qualify for such promotion.

   3.   No Corporal shall be promoted to Sergeant unless he/she has successfully completed
        three (3) years of consecutive service within the Scott City Police Department,
        demonstrated exceptional competence and performance in job dimensions of Police
        patrol, response to call(s) for assistance, arrest and detention procedures, search and
        seizure, traffic control and investigation, public relations, community policing,
        investigation, court activities and administrative duties, is recommended by the Police
         Chief, and has passed all physical and mental examinations as may be promulgated by
         the Police Personnel Board to qualify for such promotion. (Ord. No. 138 §71.520, 11-
         5-84; Ord. No. 468 §1, 4-3-95; Ord. No. 557 §1, 5-5-97; Ord. No. 660 §1, 6-19-00; Ord.
         No. 717 §2, 3-17-03)


                        ARTICLE IV. POLICE RESERVE UNIT


SECTION 200.530:         POWER OF APPOINTMENT

     The City Mayor is authorized to appoint Police Reserve Officers with the approval of the
     City Council. Officers so appointed shall meet the qualifications and shall have the powers
     set forth in this Article. (Ord. No. 208 §1, 8-17-87)


SECTION 200.540:         QUALIFICATIONS AND TRAINING

A.      All armed Police Reserve Officers must be Missouri residents, twenty-one (21) years of
     age or older.

B.      All unarmed Police Reserve Officers must be Missouri residents, eighteen (18) years of
     age or older.

C.      All armed Police Reserve Officers shall qualify in the use of firearms semi-annually in
     accordance with standards established by the Scott City Police Department. Such Officers
     may be required to participate in training programs sponsored and provided by the Scott City
     Police Department.

D.      Recruitment and selection of Police Reserve Officers shall be based on minimum
     standards developed by the Chief of Police and approved by the Mayor and City Council.

E.      All armed Police Reserve Officers must successfully complete a course of basic training
     for Peace Officers in a program approved and accredited by the Director of the Missouri
     Department of Public Safety. (Ord. No. 208 §2, 8-17-87)


SECTION 200.550:         POLICE RESERVE PAY

     Members of the Police Reserve shall receive compensation normally equal to that of a
     Patrolman I, as approved by the Mayor and Chief of Police. They shall serve the City on a
     part-time basis and shall not receive any other benefits or compensation. (Ord. No. 208 §3,
     8-17-87; Ord. No. 658 §1, 6-5-00)


SECTION 200.560:         POLICE RESERVE OFFICER POWERS

     Police Reserve Officers who are appointed and duly qualified shall have the same powers,
     when on duty, as regular Police Officers. (Ord. No. 208 §4, 8-17-87)
SECTION 200.570:        SUPERVISION

   The Police Reserve shall serve at the direction of the Chief of Police.
   (Ord. No. 208 §5, 8-17-87)


SECTION 200.580:        RULES AND REGULATIONS

   The Chief of Police may issue rules and regulations governing the Police Reserve, which
   shall become effective upon written approval of the Mayor. (Ord. No. 208 §6, 8-17-87)


SECTION 200.590:        RANK

   The City Mayor may authorize a rank structure for the Police Reserve. Police Reserve
   Officers, regardless of rank, shall be subordinate to regular Police Officers of any rank.
   (Ord. No. 208 §7, 8-17-87)


SECTION 200.600:        DISMISSALS

   The Mayor may at any time and without prior notification or hearing, terminate the
   membership of any person in the Police Reserve. (Ord. No. 208 §8, 8-17-87)



                       CHAPTER 205: FIRE DEPARTMENT


                       ARTICLE I. GENERAL PROVISIONS


SECTION 205.010:        FIRE DEPARTMENT ESTABLISHED; COMPOSITION

   There is hereby established a Fire Department for the City, which shall consist of a Chief,
   one (1) Assistant Chief, and such organized volunteer Firemen as may be enrolled by the
   Chief with the consent of the Mayor. (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. (CC §70.020)
SECTION 205.025:          CONTRACTS FOR FIRE PROTECTION OUTSIDE CITY
LIMITS

A.      Subject to priority calls within the City of Scott City, Missouri, the City will provide fire
     protection to persons owning property outside City limits, provided said property owners
     comply with each of the following requirements:

     1.   The property outside City limits is not located within any existing fire protection
          district, is not located within the City limits of any other municipality, and the owner of
          said property is not a party to any contract for fire services for said property with any
          other Fire Department.

     2.   The property to be provided fire protection is located east of the limits of Scott City and
          west of the Mississippi River or as located within a three and one-half (3½) mile radius
          of the City limits of Scott City, Missouri.

B.      The owner of the property requesting fire protection has signed a written contract with
     the City of Scott City, Missouri, for said fire protection services. The terms of said contract
     shall be as follows:

     1.   All residential owners shall pay an initial fee equal to fifteen (15) times the number of
          months of the initial term of the contract. The initial term of the contract shall
          commence the date of the contract until the following September first (1st). Thereafter,
          a one hundred eighty dollar ($180.00) annual renewal fee shall be paid by each member
          for each renewal term, which shall run from September first (1st) until August thirty-
          first (31st). In addition, each residential member shall pay the City a fee of five
          hundred dollars ($500.00) per call made to said residence.

     2.   Industrial commercial owners shall pay a fee equal to fifty dollars ($50.00) times the
          number of months of the initial terms of the contract. The initial term of the contract
          shall be from the date of the contract until the following September first (1st). A six
          hundred dollar ($600.00) annual renewal fee shall be paid for each renewal term, which
          shall run from September first (1st) until the following August thirty-first (31st). In
          addition, each industrial commercial member shall pay a fee of one thousand dollars
          ($1,000.00) per call.

     3.   Said contract shall contain a provision holding the City harmless on all claims for
          injuries or property damages arising from the City's response to a fire call or alarm to
          any person with whom the City contracts for fire protection outside of City limits. A
          form copy of said contract for fire protection is marked "Exhibit A" and shall be kept
          on file with the City Clerk's office.

     4.   In the event there is divided ownership of a building requesting an outside fire contract
          (such as a duplex where one (1) owner owns one (1) side and another owner owns the
          other side or a high rise where different owners own different floors thereof), each
          owner shall be required to execute a separate contract for outside fire protection to
          cover his or her interest in the building.

          Divided ownership does not refer to joint ownership of one (1) parcel, such as husband
          and wife, tenancy by the entireties, tenancies in common or joint tenancies, but only
          applies to one (1) owner holding title to a portion of a building or structure and the
          other owner or owners owning the remaining portion.

     5.   Rental buildings owned by one (1) owner housing more than one (1) family unit, such
          as an apartment having multiple rental units, shall be treated as commercial property for
          the purpose of procurement of an outside fire protection contract.

     6.   If the owner requesting outside fire protection has both residential and commercial
          buildings on the property (such as a farm with a residence and barns and machine
          sheds), he shall be required to sign a commercial contract for fire protection, which
          shall cover all structures on the owner's property. This provision shall not apply to
          owners who have shops or buildings on their premises for recreational or hobby
          purposes who shall be allowed to purchase a residential fire protection contract.

C.      The Mayor is authorized to sign, on behalf of the City, the contracts for fire protection
     aforementioned.

D.       This Section shall not affect any existing contracts between the City and other
     municipalities or businesses located outside the City limits for fire protection, nor shall it
     effect any mutual aid agreements between the City and other municipalities or fire protection
     districts.

E.      The City shall not provide fire protection to any residences or businesses located outside
     City limits, who have not signed the aforesaid contract, except as allowed under Section
     205.030 of the Scott City Code. (Ord. No. 483 §1, 7-3-95; Ord. No. 695 §§1—2, 9-4-01;
     Ord. No. 756 §§1─2, 6-21-04; Ord. No. 853 §1, 4-6-09; Ord. No. 860 §§1─2, 8-17-09)


SECTION 205.030:         FIRE SERVICES OUTSIDE OF CITY LIMITS FOR NON-
                         MEMBERS

     If there are two (2) serviceable fire trucks with adequate equipment and a request is received
     for fire-fighting equipment outside the City limits by any person who does not have a
     contract with the City for fire protection services, the Fire Chief or Assistant Chief may
     determine whether to answer such request depending upon the road conditions, water supply
     and other conditions at the time and his decision shall be final. The decision of the Fire
     Chief or Assistant Fire Chief shall in no way subject him to liability. In the event the Fire
     Department answers the call, it shall take only one (1) truck, insuring that one (1) serviceable
     fire truck remains in the City and not more than one-half (½) of the available members of the
     Department. The charge for responding to a call or alarm to residential property outside the
     City limits shall be five (5) times the per call rate charged to owners of residential property
     with existing fire protection contracts with the City. The charge for responding to a call or
     alarm outside City limits to commercial or industrial property shall be five (5) times the per
     call rate charged to commercial or industrial owners with existing fire protection contracts
     with the City, regardless of the success or failure of the mission. (Ord. No. 222 §1, 6-6-88;
     Ord. No. 484 §1, 7-3-95; Ord. No. 860 §3, 8-17-09)


SECTION 205.035:          MUTUAL AID IN EMERGENCIES

     Under the authority set forth in Section 320.090 and 70.837, RSMo., the City of Scott City
     Fire Department and first responders are hereby authorized to respond and provide
   assistance as requested in any mutual aid or emergency request.
   (Ord. No. 597 §1, 2-2-98)


SECTION 205.040:        SELECTION OF FIRE CHIEF

   When a vacancy arises in the office of Fire Chief, the Mayor, with the advice and consent of
   the majority of the City Council, shall appoint a Fire Chief who shall serve at the pleasure of
   the Mayor and City Council. (Ord. No. 220 §2, 3-21-88)


SECTION 205.050:        DUTIES OF FIRE CHIEF

   It shall be the duty of the Chief to examine and report quarterly to the Mayor the condition
   of the Department and its equipment, and to recommend such alterations and additions and
   changes as the Department may in his judgment require. It shall also be his duty to ascertain
   and report to the Mayor the condition and efficiency of the Fire Department and if the
   Department fails to observe and enforce its rules and regulations so as to impair its
   efficiency to report the same, with such suggestions as he may deem most appropriate.

   1.             The Fire Chief shall examine all buildings and all places where explosives
        and inflammable materials are kept in the City and to report their condition at least once
        a year to the Mayor, and the Fire Chief is hereby authorized to enter any and all
        buildings and places for the purposes of inspecting same.

   2.             The Fire Chief shall enforce the provisions of Chapter 525 of this Code.

   3.              The Fire Chief shall from time to time report to the Mayor the condition of
        fire escapes on public buildings and on other buildings required by law to be provided
        with fire escapes.

   4.           He shall keep an inventory of all the City Fire Department's property and
        equipment and report the same to the Mayor at least once a year.

   5.            He shall keep informed and make a report as to the condition of the City
        water supply and fire plugs.

   6.             He shall keep the department in good condition and at all times ready for
        inspection.

   7.            In the exercise of these duties, the Fire Chief may delegate to other
        Department members such responsibilities as in his judgment may be required. (CC
        §70.050)


SECTION 205.060:        FIREMEN; DUTIES

   The Firemen shall be under the immediate control and direction of the Fire Chief, and upon
   an alarm of fire, shall without unnecessary delay, repair to the endangered premises with the
   City fire apparatus. (CC §70.070)
SECTION 205.070:         COMPENSATION

   The compensation paid to members of the Fire Department by the City shall be as set from
   time to time by the City Council by ordinance. (CC §70.080)


SECTION 205.080:         FIRE CHIEF; POWERS AND DUTIES AT FIRES

   The Fire Chief shall have full power, control and command over all persons at a fire. He
   shall station the fire apparatus and see to it that all persons belonging to the Fire Department
   perform the duties required of them. It shall also be the duty of the Fire Chief to direct at all
   fires such measures as he shall deem advisable for the extinguishment and control of such
   fires. (CC §70.090)


SECTION 205.090:         DRIVING OVER FIRE HOSE PROHIBITED

   No person shall drive any vehicle over, upon or across any fire hose at any time when said
   hose may be in use or lying upon or across any public way. (CC §70.100)


SECTION 205.100:         BLOCKING FIRE HYDRANTS, FIRE HOUSE PROHIBITED

   No person shall park or leave standing in front of, or within thirty (30) feet of any fire
   hydrants, or in front of the fire house, any vehicle at any time. (CC §70.110)


SECTION 205.110:         USE OF WHISTLES, ETC., PROHIBITED

   No person shall use, or as owner thereof, permit to be used, any siren, whistle or whistles not
   installed on Fire or Police apparatus or in some way pertaining to fire without first obtaining
   permission from the Fire Chief. (CC §70.120)


SECTION 205.120:         INTERFERE WITH MOVEMENT OF FIRE TRUCK

   It shall be unlawful for any person to interfere with the movement of the vehicles of the Fire
   Department of Scott City, Missouri,while going to or returning from a fire. No person shall
   follow such fire vehicles to a fire or block traffic on any public street within the City by
   parking near a fire. (CC §70.130)


                       ARTICLE II. FIRE HYDRANTS


SECTION 205.130:         USE OF FIRE HYDRANT PROHIBITED

   No person, other than members of the City's Fire Department or Public Works Department
   in the discharge of their official duties, shall use, access or tamper with any fire hydrant of
   the City. Any person violating the provisions of this Section shall be guilty of tampering
   with a public utility as set forth in Section 225.100 of the City Code. (Ord. No. 59 §1, 5-4-
   81; Ord. No. 485 §1, 7-3-95)


SECTION 205.140:         FEE FOR USE

   In addition to paying for water usage fee for the use of a fire hydrant, the applicant, for the
   use of the fire hydrant, shall pay the City a permit fee in the sum of twenty-five dollars
   ($25.00) to cover its clerical expense. In addition, the applicant shall pay the City the cost of
   having a public works employee supervise the private use of the fire hydrant based upon the
   City's actual cost for labor and equipment. All permitted use of the fire hydrant must be
   supervised by an authorized member of the Public Works Department, who shall be the only
   person authorized to open and close the fire hydrant and remove apparatus from the site. A
   permit to use a City fire hydrant shall be affective for only one (1) day and each day of use
   shall require a separate permit. (Ord. No. 59 §2, 5-4-81; Ord. No. 717 §2, 3-17-03; Ord. No.
   860 §4, 8-17-09)


SECTION 205.150:        CHARGES FOR RESPONSE BY FIRE DEPARTMENT IN
                       CERTAIN
                       CIRCUMSTANCES

   In the event the Fire Department is called to respond to a motor vehicle crash, fire or
   potential fire not involving a mutual-aid call for emergency medical services, the City shall
   collect the sum of five hundred dollars ($500.00) for responding to the motor vehicle crash,
   fire or potential fire, which shall be assessed to the owner's motor vehicle insurance or the
   owner of the motor vehicle. (Ord. No. 860 §5, 8-17-09)

             Editor's Note─Ord. no. 860 §5, adopted August 17, 2009, repealed section
                  205.150 "permit" in its entirety. Former section 205.150 derived from ord.
                  no. 59 §3, 5-4-81. At the same time ord. no. 860 §5 enacted the new
                  provisions set out above.


                       ARTICLE III. RESERVED


SECTION 205.160:         RESERVED

             Editor's Note─Ord. no. 602 adopted June 1, 1998, enacted a one-fourth percent
                  (¼%) capital improvements' tax for purchase and maintenance of fire trucks.
                  This section 205.160 "Sales tax for certain capital improvements" which
                  terminated five (5) years after its effective date of 8-17-92, and derived from
                  ord. no. §§1─3, 8-17-92, has been left reserved for the City's future use. Ord.
                  no. 602 has been placed in section 120.125 of this code.
                         ARTICLE IV. FIRE DEPARTMENT─OPEN BURNING


SECTION 205.170:          OPEN BURNING

A.      No person shall dispose of refuse by open burning or cause, suffer, allow or permit open
     burning of refuse.

B.      Prohibition Of Salvage Operations By Open Burning. No person may conduct, cause or
     permit or allow the disposal of trade waste, construction waste, salvage operation waste, or
     demolition project waste by open burning. This open burning prohibition includes, but is not
     limited to, tires, rubber products, asbestos-containing material, hazardous material,
     styrofoam, plastics, petroleum-based products, treated wood and other refuse.

C.       Exceptions. The open burning of certain trade wastes and vegetation may be permitted
     only when it can be shown that open burning is the only safe or feasible method of disposal.
     Economic consideration shall not be the primary determinant of feasibility. Any person
     intending to engage in open burning shall request a burn permit and must receive written
     approval from the Fire Chief or his designee.

D.       Conditions. All burning, whether or not a permit is required, shall be subject to the
     following conditions:

     1.   The open burning will take place at a time of day when atmospheric conditions will
          permit adequate dispersion of smoke, but only between the hours of 8:00 A.M. and 8:00
          P.M., or as otherwise specified by the Fire Chief or his designee;

     2.   The Fire Chief or designee shall prohibit open burning that will be offensive or
          objectionable due to smoke or odor emissions when atmospheric conditions or local
          circumstances make such fires hazardous. The Fire Chief or designee shall order the
          extinguishment of any open burning which creates or adds to a hazardous or
          objectionable situation;

     3.   The open burning shall not create a fire hazard. Burning shall not take place within
          fifty (50) feet of any ignitable material;

     4.   Nothing in this rule may be construed to permit open burning which causes or
          constitutes a public health hazard, nuisance, or a hazard to vehicular or air traffic, nor
          which violates any other rule or Statute; and

     5.   The Fire Chief or designee may prohibit any open burning during hazardous
          atmospheric conditions and at any time any State agency has issued a no burn order.

     6.   Burning of leaves is permitted between the hours of 9:00 A.M. and 6:30 P.M. except
          from November first (1st) to April first (1st) the hours shall be from 9:00 A.M. until
          5:00 P.M.

E.      Applications for open burning shall be verbally submitted before the fire is set and shall
     contain such information as required by the Fire Chief or designee. Such applications shall
     contain, as a minimum, information regarding the purpose of the proposed burning, the
     nature and quantities of materials to be burned, the date when such burning will take place,
     the location of the burning site and the on-site fire extinguishing equipment to be provided.

F.      In areas where no public or commercial refuse collection service is available, the open
     burning of refuse on residential premises, or refuse originating in dwelling units on the same
     premises, shall not be in violation of this Section. (Ord. No. 726 §1, 5-19-03)

                    CHAPTER 210:
               EMERGENCY MANAGEMENT ORGANIZATION


SECTION 210.010:          ESTABLISHMENT

     There is hereby created within and for the City of Scott City, Missouri, an emergency
     management organization known as the Scott City Emergency Management Agency, which
     is responsible for the preparation and implementation of emergency functions required to
     prevent injury and minimize and repair damage due to disasters, to include emergency
     management of resources and administration of such economic controls as may be needed to
     provide for the welfare of the people, and emergency activities (excluding functions for
     which military forces are primarily responsible) in accordance with Chapter 44, RSMo.,
     1978, and supplements thereto, and the Missouri Emergency Operations Plan adopted
     thereunder. (Ord. No. 159 §1, 5-6-85)


SECTION 210.020:          ORGANIZATION

     This Agency shall consist of a Director and other members appointed by the Mayor to
     conform to the State Organization and procedures for the conduct of emergency operations
     as outlined in the Missouri Emergency Operations Plan.
     (Ord. No. 159 §2, 5-6-85)


SECTION 210.030:          FUNCTIONS

     The Organization shall perform emergency management functions within the territorial
     limits of the City of Scott City, Missouri, an may conduct these functions outside the
     territorial limits as directed by the Governor during the time of emergency pursuant to the
     provisions of Chapter 44, RSMo., 1978, and supplements thereto.
     (Ord. No. 159 §3, 5-6-85)


SECTION 210.040:          DIRECTOR

A.      The Director will be appointed by the Mayor and shall serve at the pleasure of the Mayor.

B.      The Director shall have the direct responsibility for the organization, administration and
     operations of local emergency management activities.

C.      The Director shall be responsible for maintaining records and accounting for the use and
     disposal of all items of equipment placed under the jurisdiction of the Emergency
     Management Agency. (Ord. No. 159 §4, 5-6-85)
SECTION 210.050:        EXECUTIVE OFFICER

   The Mayor and the Director, in accordance with Chapter 44, RSMo., 1978, and the
   supplements thereto, may:

   1.             Appropriate and expend funds, make contracts, obtain and distribute
        equipment, materials, and supplies for civil defense purposes; provide for the health and
        safety of persons, including emergency assistance to victims of any enemy attack; the
        safety of property; and direct and coordinate the development of disaster plans and
        programs in accordance with the policies and plans of the Federal and State Disaster
        and Emergency Planning;

   2.            Appoint, provide, or remove rescue teams, Auxiliary Fire and Police
        personnel and other emergency operations teams, units or personnel who may serve
        without compensation;

   3.              In the event of enemy attack, waive the provisions of statutes and ordinances
        requiring advertisements for bids for the performance of public work or entering into
        contracts;

   4.             With the approval of the Governor and consistent with the Missouri
        Emergency Operations Plan, enter into mutual-aid agreements with other public and
        private agencies within and without the State for reciprocal emergency aid;

   5.             Accept services, materials, equipment, supplies or funds granted or loaned by
        the Federal Government for disaster planning and operations purposes.
        (Ord. No. 159 §5, 5-6-85)


SECTION 210.060:        OATH

   No person shall be employed or associated in any capacity in any organization established
   under this Chapter, as authorized by Chapter 44, RSMo., who advocates or has advocated a
   change by force or violence in the constitutional form of the Government of the United
   States or in this State or the overthrow of any Government in the United States by force or
   violence, or has been convicted of or is under indictment or information charging any
   subversive act against the United States. Each person who is appointed to serve in an
   organization shall, before entering upon his duties, take an oath, in writing, before a person
   authorized to administer oaths in this State, which oath shall be substantially as follows.

        "I,                   , do solemnly swear (or affirm) that I will support and defend the
        Constitution of the United States and the Constitution of the State of Missouri, against
        all enemies, foreign or domestic; that I will bear true faith and allegiance to the same;
        that I take this obligation freely, without any mental reservation or purpose of evasion;
        and that I will well and faithfully discharge the duties upon which I am about to enter.
        And I do further swear (or affirm) that I do not advocate, nor am I a member of any
        political party or organization that advocates the overthrow of the Government of the
        United States or of this State by force or violence; and that during such a time as I am a
        member of the Scott City, Missouri Emergency Management Agency, I will not
        advocate nor become a member of any political party or organization that advocates the
        overthrow of the Government of the United States or of this State by force or violence."
        (Ord. No. 159 §6, 5-6-85)


SECTION 210.070:        OFFICE SPACE

   The Mayor is authorized to designate space in any City owned or leased building for the
   Scott City Emergency Management office. (Ord. No. 159 §7, 5-6-85)

                       CHAPTER 215: ANIMAL REGULATIONS


                       ARTICLE I. GENERAL PROVISIONS


SECTION 215.010:        DEFINITIONS

   As used in this Article, the following terms mean:

   ANIMAL: Any live, vertebrate creature, domestic or wild.

   ANIMAL SHELTER: Any facility operated by a Humane Society, or Municipal agency, or
   its authorized agents for the purpose of impounding or caring for animals held under the
   authority of this Article, or State laws.

   AUCTIONS: Any place or facility where animals are regularly bought, sold or traded,
   except for those facilities otherwise defined in this Article. This definition does not apply to
   individual sales of animals by owners.

   CIRCUS: A commercial variety show featuring animal acts for public entertainment.

   COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, auction,
   zoological park, circus, performing animal exhibition or boarding facility.

   GROOMING SHOP: A commercial establishment where animals are bathed, clipped,
   plucked or otherwise groomed.

   HUMANE OFFICER: Any person designated by the State of Missouri, a Municipal
   Government or a Humane Society as a Law Enforcement Officer who is qualified to perform
   such duties under the laws of this State.

   OWNER: Any person, partnership or corporation owning or claiming ownership of one (1)
   or more animals.

   PERFORMING ANIMAL EXHIBITION: Any spectacle, display, act or event other than
   circuses, in which performing animals are used.

   PET: Any animal kept for pleasure rather utility.

   PET SHOP: Any person, partnership or corporation, whether operated separately or in
   connection with another business enterprise that buys and sells any species or animal.
     PUBLIC NUISANCE: Any animal or animals which:

     1.            Molest passersby or passing vehicles;

     2.            Attack other animals;

     3.            Trespasses on school grounds;

     4.            Is repeatedly at large;

     5.            Damages private or public property; or

     6.            Barks, whines or howls in an excessive, continuous or untimely fashion.

     RESTRAINT: Any animal secured by a leash or lead, or under the control of a responsible
     person and obedient to that person's commands, or within the real property limits of its
     owner.

     TEMPORARY BOARDING FACILITY: Any commercial establishment that engages in the
     business of the temporary boarding of a dog or cat. Boarding facilities must be a licensed
     operation registered with the licensing authority within this municipality. Temporary
     boarding is not to exceed fourteen (14) days. Facility is not meant for the purpose of
     boarding business owner's own dogs or cats.

     VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed
     veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

     VICIOUS ANIMAL: Any animal or animals that constitute a physical threat to human beings
     or other animals.

     WILD ANIMAL: Any live monkey (non-human primate), raccoon, skunk, fox, poisonous
     snake, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can
     normally be found in the wild state.

     ZOOLOGICAL PARK: Any facility, other than a pet shop, displaying or exhibiting one (1)
     or more species of non-domesticated animals operated by a municipality or government
     agency. (Ord. No. 14 §1, 6-2-80; Ord. No. 512 §1, 5-20-96)


SECTION 215.020:         LICENSING

A.      Any person owning, keeping, harboring, or having custody of any animal over three (3)
     months of age within this Municipality must obtain a license as herein provided. This
     provision may not apply to the keeping of small cage birds, or aquatic and amphibian
     animals solely as pets.

B.      Written application for licenses shall be made to the Licensing Authority which shall
     include name and address of applicant, description of the animal, the appropriate fee, and
     rabies certificate issued by a licensed veterinarian or anti-rabies clinic.
C.      If not revoked, licenses for the keeping of dogs or cats shall be for a period of one (1)
     year.

D.      Application for a license must be made within thirty (30) days after obtaining a dog or cat
     over three (3) months, except that this requirement will not apply to a non-resident keeping a
     dog or cat within the Municipality for not longer than sixty (60) days.

E.      License fees shall not be required for seeing eye dogs or Governmental police dogs.

F.      Upon acceptance of the license application and fee, the Licensing Authority shall issue a
     durable tag or identification collar, stamped with an identifying number and the year of
     issuance. Tags should be designed so that they may be conveniently fastened or riveted to
     the animal's collar or harness.

G.     Dogs and cats wear identification tags or collars at all times when off the premises of the
     owners.

H.      The Licensing Authority shall maintain a record of the identifying numbers of all tags
     issued and shall make this record available to the public.

I.      The licensing period shall begin with the fiscal year and shall run for one (1) year.
     Application for license may be made thirty (30) days prior to, and up to, sixty (60) days after
     the start of the fiscal year. Persons applying for a license during the licensing year, shall be
     required to pay fifty percent (50%) of the fee stipulated in this Section.

J.      Persons who fail to obtain a license as required within the time period specified in this
     Section will be subjected to a fine of ten dollars ($10.00).

K.      A license shall be issued after payment of the applicable fee of two dollars ($2.00).

L.      A duplicate license may be obtained upon payment of a fifty cent ($.50) replacement fee.

M.      No person may use a license for any animal other than the animal for which it was issued.
     (Ord. No. 14 §2, 6-2-80)


SECTION 215.030:          PERMITS

A.      No person, partnership, or corporation shall operate a commercial animal establishment
     or animal shelter without first obtaining a permit in compliance with this Section.

B.      The Licensing Authority shall promulgate regulations for the issuance of permits and
     shall include requirements for humane care of all animals and for compliance with the
     provisions of this Article and other applicable laws. The Licensing Authority may amend
     such regulations from time to time as deemed desirable for public health and welfare and the
     protection of animals.

C.       Upon showing by an applicant for a permit that he is willing and able to comply with the
     regulations promulgated by the Licensing Authority, a permit shall be issued upon payment
     of the applicable fee.
D.       The permit period shall begin with the fiscal year and shall run for one (1) year. Renewal
     applications for permits shall be made thirty (30) days prior to, and up to sixty (60) days
     after, the start of the fiscal year. Application for permit to establish a new commercial
     animal establishment under the provisions of this Article may be made at any time.

E.      If there is a change in ownership of a commercial animal establishment, the new owner
     may have the current permit transferred to his name upon payment of a ten dollar ($10.00)
     transfer fee.

F.      Annual permits shall be issued upon payment of the applicable fee:

     For each pet shop                     $75.00
     For each auction                      50.00
     For each circus                     25.00
     For each performing animal exhibition                                          50.00
     For each grooming shop                           50.00
     For each temporary boarding facility                            50.00

G.      Every facility regulated by this Chapter shall be considered a separate enterprise and
     requires an individual permit.

H.     No fee shall be required of any veterinary hospital, animal shelter, or government or
     municipal operated zoological park.

I.      Any person who has a change in the category under which a permit was issued shall be
     subject to reclassification and appropriate adjustment of the permit fee shall be made.

J.       Failure to obtain a permit before opening any facility covered in this Section shall result
     in a fine of two hundred dollars fifty cents ($200.50). (Ord. No. 14 §3, 6-2-80; Ord. No. 512
     §§2─3, 5-20-96; Ord. No. 776 §1, 4-4-05)


SECTION 215.040:          LICENSE AND PERMIT ISSUANCE AND REVOCATION

A.      The Licensing Authority may revoke any permit or license if the person holding the
     permit or license refuses or fails to comply with this Article, the regulation promulgated by
     the Licensing Authority, or any law governing the protection and keeping of animals.

B.       Any person whose permit or license is revoked shall, within ten (10) days thereafter,
     humanely dispose of all animals owned, kept, or harbored and no part of the permit or
     license fee shall be refunded.

C.       It shall be a condition of the issuance of any permit or license that the Licensing
     Authority shall be permitted to inspect all animals and the premises where animals are kept
     at any time and shall, if permission for such inspections is refused, revoke the permit or
     license of the refusing owner.

D.     If the applicant has withheld or falsified any information on the application, the Licensing
     Authority shall refuse to issue a permit or license.

E.      No person who has been convicted of cruelty to animals shall be issued a permit or
     license to operate a commercial animal establishment.

F.      Any person having been denied a license or permit may not reapply for a period of thirty
     (30) days. Each reapplication shall be accompanied by a ten dollar ($10.00) fee. (Ord. No.
     14 §4, 6-2-80)


SECTION 215.050:          RESTRAINT

A.      All dogs shall be kept under restraint.

B.      No owner shall fail to exercise proper care and control of his animals to prevent them
     from becoming a public nuisance.

C.      Every female dog or cat in heat shall be confined in a building or secure enclosure in
     such a manner that such dog or cat cannot come into contact with another animal except for
     planned breeding.

D.     Every vicious animal, as determined by the Licensing Authority, shall be confined by the
     owner within a building or secure enclosure and shall be securely muzzled or caged
     whenever off the premises of its owner. (Ord. No. 14 §5, 6-2-80)



SECTION 215.060:          IMPOUNDMENT AND VIOLATION NOTICE

A.      Unrestrained dogs and nuisance animals shall be taken by the Police, Animal Control
     Officers, or Humane Officers and impounded in an animal shelter and there confined in a
     humane manner.

B.      Impounded dogs and cats shall be kept for not less than five (5) working days.

C.       If by a license tab or other means, the owner of an impounded animal can be identified,
     the Animal Control Officer shall immediately upon impoundment notify the owner by
     telephone or mail.

D.      At any time prior to the disposal of any animal impounded by the City, the owner thereof,
     upon satisfactory proof of ownership, may redeem such animal upon exhibiting a certificate
     of license and a certificate of vaccination for rabies and by paying a redemption fee of ten
     dollars ($10.00), plus an additional ten dollars ($10.00) for each day the animal was
     impounded. If such animal has not been licensed or vaccinated for rabies, the owner, in
     addition to paying the redemption fee and the boarding fee shall, immediately after the
     animal is released to the owner, have such animal licensed and/or vaccinated for rabies.
     Thereafter, within five (5) days after the animal has been released to the owner, the owner
     shall tender to the Humane Officer proof of licensing and/or vaccination for rabies. If the
     owner fails to tender proof of licensing and/or vaccination for rabies within the prescribed
     time, the Humane Officer shall impound the animal and dispose of the animal pursuant to
     Subsection (E) of this Section.

E.      Any animal not reclaimed by its owner within five (5) working days shall become the
     property of the local Government authority, or Humane Society, and shall be placed for
     adoption in a suitable home or humanely euthanized, upon the discretion of the Animal
     Control Officer.

F.      In addition to, or in lieu of, impounding an animal found at large, the Animal Control
     Officer, Humane Officer, or Police Officer may issue to the known owner of such animal a
     notice of ordinance violation. Such notice shall impose upon the owner a penalty of ten
     dollars ($10.00), which may, at the discretion of the animal owner, be paid to any agency
     designated by the Licensing Authority within seventy-two (72) hours in full satisfaction of
     the assessed penalty. In the event that such penalty is not paid within the time period
     prescribed, a criminal warrant shall be initiated before a Magistrate and upon conviction of a
     violation of this Article, the owner shall be punished as provided in Section 215.130 of this
     Article.

G.      The owner of an impounded animal may also be proceeded against for violation of this
     Article.

H.      The Licensing Authority shall review automatically all licenses issued to animal owners
     against whom three (3) or more violations have been assessed in a twelve (12) month period.
     (Ord. No. 14 §6, 6-2-80; Ord. No. 125 §73.150, 4-9-84; Ord. No. 516 §1, 7-1-96)


SECTION 215.070:          ANIMAL CARE

A.      No owner shall fail to provide his animals with sufficient good and wholesome food and
     water, proper shelter and protection from the weather, veterinary care when needed to
     prevent suffering, and with humane care and treatment.

B.      No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an
     animal or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat
     between animals or between animals and humans.

C.      No owner of an animal shall abandon such animal.

D.      No person shall crop a dog's ears, except when a licensed veterinarian issues a signed
     certificate that the operation is necessary for the dog's health and comfort, and in no event
     shall any person except a licensed veterinarian perform such an operation.

E.       Chickens or ducklings younger than eight (8) weeks of age may not be sold in quantities
     of less than twenty-five (25) to a single purchaser.

F.      No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an
     inducement to enter, any contest, game, or their competition, or as an inducement to enter a
     place of amusement; or offer such vertebrate as an incentive to enter into any business
     agreement whereby the offer was for the purpose of attracting trade.

G.      Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop
     at once and render such assistance as may be possible and shall immediately report such
     injury or death to the animal's owner; in the event the owner cannot be ascertained and
     located, such operator shall at once report the accident to the appropriate Law Enforcement
     Agency or to the local Humane Society.
H.      No person shall expose any known poisonous substance, whether mixed with food or not,
     so that the same shall be liable to be eaten by any animal, provided that it shall not be
     unlawful for a person to expose on his own property common rat poison mixed only with
     vegetable substances. (Ord. No. 14 §7, 6-2-80)


SECTION 215.080:          KEEPING OF WILD ANIMALS

A.      No person shall keep or permit to be kept on his premises any wild or vicious animal for
     display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not
     be construed to apply to zoological parks, performing animal exhibition, or circuses.

B.      No person shall keep or permit to be kept any wild animal as a pet.

C.      The Licensing Authority shall have the power to release or order the release of any infant
     wild animal kept under temporary permit which is deemed capable of survival. (Ord. No. 14
     §8, 6-2-80)


SECTION 215.090:          PERFORMING ANIMAL EXHIBITIONS

A.      No performing animal exhibition or circus shall be permitted in which animals are
     induced or encouraged to perform through the use of chemical, mechanical, electrical, or
     manual devices in a manner which will cause, or is likely to cause, physical injury or
     suffering.

B.      All equipment used on a performing animal shall fit properly and be in good working
     condition. (Ord. No. 14 §9, 6-2-80)


SECTION 215.100:          ANIMAL WASTE

     The owner of every animal shall be responsible for the removal of any excreta deposited by
     his animal(s) on public walks, recreation areas, or private property.
     (Ord. No. 14 §10, 6-2-80)


SECTION 215.110:          STERILIZATION

     No unclaimed dog or cat shall be released for adoption without being sterilized or without
     written agreement from the adopter guaranteeing that such animal will be sterilized and a
     deposit of at least fifteen dollars ($15.00) must be paid at the time of adoption. (Ord. No. 14
     §11, 6-2-80)


SECTION 215.120:          ENFORCEMENT

     The civil and criminal provisions of this Article shall be enforced by those persons or
     agencies designated by Municipal authority. It shall be a violation of this Chapter to
     interfere with a Humane Officer in the performance of his duties. (Ord. No. 14 §12, 6-2-80)
SECTION 215.130:          PENALTIES

     Any person violating any provision of this Article shall be deemed guilty of a misdemeanor
     and shall be punished by a fine of not less than ten dollars ($10.00), nor more than five
     hundred dollars ($500.00). If any violation be continuing, each day's violation shall be
     deemed as a separate violation. If any person be found guilty by a Court of violating Section
     215.080, his permit to own, keep, harbor, or have custody of animals shall be deemed
     automatically revoked and no new permit may be issued. (Ord. No. 14 §13, 6-2-80)


                         ARTICLE II. MISCELLANEOUS ANIMAL REGULATIONS


SECTION 215.140:          DISTURBING WILDLIFE

     It shall be unlawful for any person to willfully injure, molest or disturb in any way any birds
     or the nest, eggs, young or brood of any such birds, except that this provision shall not apply
     to any birds declared by any law or ordinance to be "pests", nor shall any person kill, molest
     or injure any squirrel in the City. (CC §73.020)


SECTION 215.150:          DISPOSAL OF DEAD ANIMALS IN PUBLIC WAYS

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

B.      It shall be the duty of the City to pick up and dispose of all dead animals and fowl on the
     public streets or public places. (CC §73.060)


SECTION 215.160:          KEEPING OF LIVESTOCK, DOMESTIC ANIMALS AND
                         FOWL

A.       No person shall keep or maintain any hogs, goats or sheep within four hundred (400) feet
     of any residence or other dwelling place other than that of the owner, nor keep or maintain
     horses or cows within one hundred fifty (150) feet of any residence or other dwelling place
     other than that of the owner, nor keep or maintain a combined total of three (3) or more
     rabbits, chickens, ducks, turkeys, or other domestic fowl within one hundred fifty (150) feet
     of any residence or other dwelling place other than that of the owner, provided however, that
     if all occupants of residences or other dwelling places within such distances agree thereto in
     writing, such animals or fowl may be kept and maintained at less than such distances; and
     provided, further, that nothing in this Section shall prevent the keeping of cows, cattle, sheep
     or goats at any auction barn or veterinary hospital provided same are kept in a clean and non-
     odorous condition.

B.      Except for a licensed boarding facility regulated by the Zoning Code of the City of Scott
     City, no owner shall own, keep or harbor more than three (3) dogs over the age of three (3)
     months. Any person who shall own, keep or harbor upon his/her premises more than three
     (3) dogs over the age of three (3) months shall be deemed to be the owner or keeper of a
     kennel. Kennels within the City of Scott City, Missouri, are declared to be a public nuisance
     and shall hereafter be prohibited within the corporate limits of said City. (CC §73.070; Ord.
     No. 512 §4, 5-20-96; Ord. No. 569 §1, 7-7-97)


SECTION 215.170:          VEHICLES TRANSPORTING                     LIVESTOCK;          PARKING,
                         RESTRICTION

     Any person who shall, within the City, load, unload, or transfer from one (1) vehicle to
     another any hogs, sheep, cattle or other livestock in any public place, street or thoroughfare
     or on any private premises, and any person who shall park or stand any vehicle in which
     hogs, sheep, cattle or other livestock are loaded on any public place, street or thoroughfare or
     on any unenclosed private premises for a period longer than one (1) hour, shall be deemed
     guilty of a misdemeanor. (CC §73.080)


SECTION 215.180:          KEEPING OF BEES PROHIBITED

     No person shall, within the City, keep or suffer to be kept a beehive containing bees. (CC
     §73.090)


SECTION 215.190:          ANNOYING, BARKING DOGS

     No person shall own, keep or harbor any dog which by loud, continual or frequent barking,
     howling or yelping shall annoy or disturb any neighborhood or person, or which habitually
     barks at or chases pedestrians or any vehicle whatsoever, to the annoyance of such
     pedestrians or drivers. (CC §73.110; Ord. No. 743 §1, 12-15-03; Ord. No. 790 §1, 11-7-05)


SECTION 215.200:          VICIOUS DOGS; RESTRAINT, POSTING

     No person shall own, keep, harbor or allow to be in or upon his premises any dog of a cross,
     dangerous, vicious or ferocious disposition, or which habitually snaps at or bites or manifests
     a disposition to bite or attack persons, unless such dog is securely fastened by a chain not
     over six (6) feet long, or is otherwise securely confined upon such premises; and in addition,
     unless there is in a conspicuous place upon such premises a sign with letters at least two (2)
     inches high containing the following words, "Beware of Dangerous Dog". (CC §73.120)

SECTION 215.210:          RUNNING LOOSE PROHIBITED

A.      No person owning, controlling, possessing, or having the management or care, in whole
     or in part, of any dog shall permit such dog to run at large or go off the premises of any
     owner or keeper thereof, unless such dog is securely tied or led by a line or leash, not to
     exceed ten (10) feet in length, so as to effectively prevent such dog from biting, molesting or
     approaching any other person or animal.

B.      No person owning, possessing, or otherwise having under his control or custody any wild
     animal or domestic animal or fowl of any kind shall permit the same to run at large in or
     upon any of the streets or public places or unenclosed lands of the City, or to tie or tether
     same in such a way that such animal or fowl may go across or upon any of such places. (CC
     §73.130)
                       CHAPTER 220:     FAIR                    HOUSING        AND      PUBLIC
                      ACCOMMODATIONS POLICY


SECTION 220.010:        DECLARATION OF POLICY

   The City Council of the City of Scott City 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 real property without regard to race, sex, color, national original,
   ancestry, religion or religious affiliation, handicap and without regard to whether a family
   has children. This Chapter shall be deemed an exercise of the police powers of the City of
   Scott City, Missouri, for the protection of the public welfare, prosperity, health and peace of
   the people of Scott City. (Ord. No. 38 §1, 10-6-80; CC §56.020; Ord. No. 458 §1, 1-16-95)


SECTION 220.020:        DEFINITIONS

   The following words shall have the prescribed meanings as used in this Chapter:

   AGGRIEVED PERSON: Includes any person who is attempting to provide housing for
   himself and/or his family in the City of Scott City, Missouri.

   COMMISSION: The City Commission on Human Relations.

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

   DISCRIMINATORY HOUSING PRACTICE:                  An act that is unlawful under Sections
   220.030, 220.040 or 220.050 of this Chapter.

   DWELLING: Any building, structure, or portion thereof which is occupied as, or designed
   or intended for occupancy as, a residence by one (1) or more families, and any vacant land
   which is offered for sale or lease for the construction or location thereon of any such
   building, structure or portion thereof.

   FAMILY: Includes a single individual.

   PERSON: Includes any individual, firm, partnership or corporation.

   PLACES OF PUBLIC ACCOMMODATION: All businesses or enterprises offering,
   providing, or holding out to the general public, facilities or commodities.

   TO RENT: Includes to lease, to sublease, to let and otherwise to grant for a consideration the
   right to occupy premises not owned by the occupant.
   (Ord. No. 38 §2, 10-6-80; CC §56.030; Ord. No. 458 §2, 1-16-95)
SECTION 220.030:         DISCRIMINATORY PRACTICES

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

   1.             Refuse to sell or rent after the making of a bona fide offer, or to refuse to
        negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to
        any

        person because of race, sex, color, religion, religious affiliation, handicap, familial
        status or national origin of any person.

   2.              Discriminate against any person in the terms, conditions or privileges of sale
        or rental of a dwelling, or in the provision of services or facilities in connection
        therewith, because of race, sex, color, religion, religious affiliation, handicap, familial
        status or national origin.

   3.              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, religious
        affiliation, handicap, familial status or national origin, or an intention to make any such
        preference, limitation or discrimination.

   4.              Represent to any person, because of race, sex, color, religion, religious
        affiliation, 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.

   5.              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, religious
        affiliation, handicap, familial status or national origin.

   6.             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 dwelling with four (4) or
        more units to meet certain adaptability and accessibility requirements.

   7.             Bars discrimination in the sale or rental of housing because a family has
        children, but exempts certain types of buildings that house older person, e.g. Section
        202 housing. (Ord. No. 38 §3, 10-6-80; CC §56.040; Ord. No. 458 §3, 1-16-95)


SECTION 220.040:         DISCRIMINATION IN THE FINANCING OF HOUSING

   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 therefor for the
   purpose of purchasing, constructing, repairing or maintaining a dwelling, or to discriminate
   against him in the fixing of the amount, or conditions of such loan, because of the race, sex,
   color, religion, religious affiliation, handicap, familial status or national origin of such
   person or of any person associated with him in connection with such financing. (Ord. No. 38
   §4, 10-6-80; Ord. No. 458 §4, 1-16-95)
SECTION 220.050:          DISCRIMINATION IN THE PROVISION OF BROKERAGE
                         SERVICES

     It shall be unlawful to deny any person access to or membership or participation in any
     multiple-listing service, real estate brokers' organization or other service, organization or
     facility relating to the business of selling or renting dwellings, or to discriminate against him
     in terms or conditions of such access membership or participation, on account of race, creed,
     color, religion, national origin or ancestry. (Ord. No. 38 §5, 10-6-80)


SECTION 220.060:           ADMINISTRATION

A.      There is hereby created a Fair Housing committee whose membership shall consist of
     five (5) members, who shall be appointed by the Mayor of the City with the approval of the
     City Council.

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. 38 §6, 10-6-80; Ord. No. 458 §5, 1-16-95)


SECTION 220.070:           EDUCATION AND CONCILIATION

     Immediately after the enactment of this Chapter, the Commission shall commence such
     educational and conciliatory activities as in its judgment will further the purposes of this
     Chapter. It may hold conferences of persons in the housing industry and other interested
     parties to acquaint them with the provisions of this Chapter and their suggested means of
     implementing it, and shall endeavor with their advice to work out programs of voluntary
     compliance and or enforcement. The Commission shall issue such reports on such
     conferences and consultations as it deems appropriate. (Ord. No. 38 §7, 10-6-80)


SECTION 220.080:           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 confinement in the City Jail for not more
     than thirty (30) days, or by both such fine 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. 38 §8, 10-6-80; Ord. No. 458 §6, 1-16-95)


SECTION 220.090:           ENFORCEMENT BY PRIVATE PERSONS

     The rights granted by Sections 220.020, 220.040 and 220.050 may be enforced by civil
     actions to enjoin the violation of this Chapter in the Circuit Court of Scott County, Missouri.
     Any such civil action shall be commenced within one hundred eighty (180) days after the
     alleged discriminatory housing practice occurred. The City Attorney, on behalf of the City,
     may intervene as a party plaintiff. (Ord. No. 38 §9, 10-6-80)


SECTION 220.100:           ENFORCEMENT BY THE CITY ATTORNEY

A.      The Commission, in the event of failure to secure voluntary compliance with the
     requirements of this Chapter, shall cause the Chairman thereof to certify, in writing, to the
     City Attorney that all reasonable efforts of the Commission to secure conciliation are
     concluded in the matter and the Commission shall, with such certification, transmit the
     Commission file, the transcript of the hearing, if any, and in all other respects cooperate with
     the City Attorney.

B.     Upon certification by the Commission, the City Attorney shall institute a charge in the
     Municipal Court against the alleged violator and prosecute the same to a final conclusion.

C.      Pursuant to Subsections (A) and (B) hereof, or whenever the City Attorney has
     reasonable cause to believe that any person or group of persons is engaged in a pattern or
     practice of resistance to the full enjoyment of any of the rights granted by this Chapter, or
     that any group of persons has been denied any of the rights granted by this Chapter and such
     denial raises an issue of general public importance, he may bring a civil action in the Circuit
     Court of Scott County, Missouri, by filing with it a complaint setting forth the facts and
     requesting such preventive relief, including an application for a permanent or temporary
     injunction, restraining order, or other order against the person or persons responsible for
     such pattern or practice or denial of rights, as he deems necessary to insure the full
     enjoyment of the rights granted by this Chapter.

D.       If it appears that the complainant is in danger of suffering irreparable injury, or if it
     appears that some action is about to be taken which will jeopardize the complainant's interest
     in the subject property, the City Attorney shall file an injunction in the Circuit Court of Scott
     County, Missouri, to prevent the continued violation of this law or to prevent the parties
     from acting in such a manner as to frustrate the intent and purpose of this Chapter, upon a
     showing that the complainant would suffer irreparable harm without such action.

E.      Upon a conviction in the Municipal Court for a violation of Section 220.030, 220.040 and
     220.050 of this Chapter, in addition to any other penalties which may have been imposed
     under this Chapter, the license of such person to engage in the real estate business in this
     City may be suspended for a period not to exceed thirty (30) days, for the first conviction,
     and may be suspended for a period not to exceed six (6) months or revoked upon the second
     conviction.
F.      Any person who shall commit a discriminatory housing practice in violation of Section
     220.030, 220.040, 220.050 or 220.120 of this Chapter shall, upon conviction thereof, be
     punished for each such violation by a fine not exceeding one hundred dollars ($100.00), or
     by imprisonment in the Municipal Jail for a period of time not to exceed three (3) months for
     each such violation, or by both such fine and imprisonment. Each day shall constitute a
     separate violation. (Ord. No. 38 §10, 10-6-80)


SECTION 220.110:           INVESTIGATIONS

A.       In conducting an investigation and hearing, the Commission shall have access at all
     reasonable times to premises, records, documents, individuals and other evidence or possible
     sources of evidence and may examine, record and copy such materials and take and record
     the testimony or statements of such persons as are reasonably necessary for the furtherance
     of the investigation.

B.      The City Attorney shall conduct all litigation in which the Commission participates as a
     party or as amicus pursuant to this Chapter. (Ord. No. 38 §11, 10-6-80)


SECTION 220.120:           INTERFERENCE, COERCION OR INTIMIDATION

     It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise
     or enjoyment of, or on account of his having exercised or enjoyed, or on account of his
     having aided or encouraged any other person in the exercise or enjoyment of, any right
     granted or protected by the provisions of this Chapter.
     (Ord. No. 38 §12, 10-6-80)


SECTION 220.130:          COMMISSION ON HUMAN RELATIONS ESTABLISHMENT
                         AUTHORIZED

     There is hereby authorized a City Commission on Human Relations to consist of three (3)
     members to be appointed by the Mayor subject to the approval of the City Council. The
     Committee shall designate one (1) of its members to serve as Chairman. Of the first
     appointees, one (1) shall be appointed for a one (1) year term, one (1) for a two (2) year
     term, and one (1) for a three (3) year term. Thereafter, all members appointed shall serve a
     term of three (3) years, excepting those appointed to fill a vacancy occurring during the term
     of a member. All members shall serve without compensation. (Ord. No. 38 §13, 10-6-80)


SECTION 220.140:         COMMISSION ON HUMAN RELATIONS ESTABLISHMENT─
                         MEETINGS AND PROCEDURES

     The Commission shall fix the time and place of its meetings, and shall, except as herein
     provided, adopt such other procedures deemed necessary for the successful administration of
     the provisions and the consummation of the purpose of this Chapter. (CC §56.060)
                          CHAPTER 225: OFFENSES


SECTION 225.010:            HARASSMENT

A.       A person commits the offense of harassment if for the purpose of frightening or
     disturbing another person, he:

     1.              Communicates in writing or by telephone a threat to commit any felony; or

     2.              Makes a telephone call or communicates in writing and uses coarse language
           offensive to one (1) of average sensibility; or

     3.              Makes a telephone call anonymously; or

     4.              Makes repeated telephone calls.

B.        Harassment is a Class A misdemeanor. (Ord. No. 143 §1, 1-7-85; RSMo. §565.090)


SECTION 225.015:            STALKING

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

     COURSE OF CONDUCT: A pattern of conduct composed of a series of acts over a period
     of time, however short, evidencing a continuity of purpose. Constitutionally protected
     activity is not included within the meaning of "course of conduct". Such constitutionally
     protected activity includes picketing or other organized protests.

     CREDIBLE THREAT: A threat made with the intent to cause the person who is the target of
     the threat to reasonably fear for his/her safety. The threat must be against the life of, or a
     threat to cause physical injury to, a person.

     HARASSES: To engage in a course or conduct directed at a specific person that serves no
     legitimate purpose, that would cause a reasonable person to suffer substantial emotional
     distress, and that actually causes substantial emotional distress to that person.

B.      Any person who purposely and repeatedly harasses or follows with the intent of harassing
     another person commits the crime of stalking.

C.      Any person who purposely and repeatedly harasses or follows with the intent of harassing
     or harasses another person, and makes a credible threat with the intent to place that person in
     reasonable fear of death or serious physical injury, commits the crime of aggravated stalking.

D.       Any Police Officer may arrest, without a warrant, any person he/she has probable cause
     to believe has violated the provisions of this Section. (Ord. No. 538 §1, 11-18-96)


SECTION 225.020:            SEXUAL ABUSE IN THE SECOND DEGREE

     A person commits the crime of sexual abuse in the second degree, if he subjects another
     person to whom he is not married to sexual contact, when the other person is incapacitated or
     twelve (12) or thirteen (13) years old. (Ord. No. 143 §1,1-7-85; RSMo. §566.110)


SECTION 225.030:           SEXUAL ABUSE IN THE THIRD DEGREE

     A person commits the crime of sexual abuse in the third degree if he subjects another person
     to whom he is not married to sexual contact without that person's consent.
     (Ord. No. 143 §1,1-7-85; RSMo. §566.120)


SECTION 225.040:           PROHIBITED ACTS CONCERNING DRUGS

A.      It is unlawful for any person to manufacture, possess, have under his control, sell,
     prescribe, administer, dispense, distribute, or compound any controlled or counterfeit
     substances except as authorized in §§195.010 to 195.320, RSMo.

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

C.      It is unlawful for any person to deliver, possess with intent to deliver, or manufacture
     with intent to deliver, drug paraphernalia, knowing, or under circumstances where one
     reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest,
     manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
     store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a
     controlled substance or an imitation controlled substance in violation of this Chapter.

D.      It is unlawful for any person to place in any newspaper, magazine, handbill, or other
     publication any advertisement, knowing, or under circumstances where one reasonably
     should know, that the purpose of the advertisement, in whole or in part, is to promote the
     sale of objects designed or intended for use as drug paraphernalia.

E.      It is unlawful for any person to use, or to possess with intent to use, an imitation
     controlled substance in violation of this Chapter.

F.       It is unlawful for any person to deliver, possess with intent to deliver, manufacture with
     intent to deliver, or cause to be delivered any imitation controlled substance.

G.      It is unlawful for any person to place in any newspaper, magazine, handbill, or other
     publication, or to post or distribute in any public place, any advertisement or solicitation
     with reasonable knowledge that the purpose of the advertisement or solicitation is to promote
     the distribution of imitation controlled substances.
     (Ord. No. 143 §1,1-7-85; RSMo. §195.020)


SECTION 225.050:           POSSESSION OF BURGLAR'S TOOLS

     A person commits the crime of possession of burglar's tools if he possesses any tool,
     instrument or other article adapted, designed or commonly used for committing or
     facilitating offenses involving forcible entry into premises, with a purpose to use or
     knowledge that some person has the purpose of using the same in making an unlawful
     forcible entry into a building or inhabitable structure or a room thereof. (Ord. No. 143 §1, 1-
     7-85; RSMo. §569.180)


SECTION 225.060:          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 that it has been stolen.

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

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

     2.            That he received other stolen property in another transaction within the year
          preceding the transaction charged;

     3.             That he acquired the stolen property for a consideration which he knew was
          far below its reasonable value. (Ord. No. 143 §1, 1-7-85; RSMo. §570.080)


SECTION 225.070:          REFUSAL TO IDENTIFY AS A WITNESS

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

B.      Refusal to identify as a witness is a misdemeanor.
     (Ord. No. 143 §1, 1-7-85; RSMo. 575.190)


SECTION 225.075:          FAILURE TO APPEAR IN MUNICIPAL COURT

A.       Any person who, having been issued a summons or a Missouri uniform traffic ticket for
     any violation of the laws of the City fails to appear before the Judge of the Municipal Court
     as required shall be guilty of an offense.

B.       In addition to the forfeiture of any security which was given or pledged for his/her
     release, any person who, having been released upon a recognizance of bond pursuant to any
     other provisions of law, fails to appear before the Judge of the Municipal Court as required
     shall be guilty of an offense.

C.      Nothing in this Section shall prevent the exercise of the Municipal Court of its power to
     punish for contempt.
D.      It shall be unlawful for any person to fail or refuse to obey a lawful subpoena or order
     issued by the Municipal Court for the City. (Ord. No. 413 §1, 10-16-93)


SECTION 225.076:          ACTS CONSTITUTING CONTEMPT OF COURT

     A person commits the crime of contempt of court if guilty of any of the following:

     1.   Disorderly, contemptuous or insolent behavior committed during its session, in its
          immediate view and presence, and directly tending to interrupt its proceedings or to
          impair the respect due to the court's authority;

     2.   Any breach of the peace, noise or other disturbance directly tending to interrupt the
          court's proceedings;

     3.   Willful disobedience of any process or order lawfully issued or made by the court;

     4.   Resistance willfully offered by any person to the lawful order or process of the court;

     5.   The contumacious and unlawful refusal of any person to be sworn as a witness or, when
          so sworn, to refuse to answer any legal and proper interrogatory. (Ord. No. 718 §3, 3-
          17-03)


SECTION 225.080:          DISTURBING A JUDICIAL PROCEEDING

     A person commits the crime of disturbing a judicial proceeding if, with purpose to intimidate
     a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he
     disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud,
     shouting or holding or displaying a placard or sign containing written or printed matter,
     concerning the conduct of the judicial proceeding, or the character of a judge, attorney, juror,
     party or witness engaged in such proceeding, or calling for or demanding any specified
     action or determination by such judge, attorney, juror, party or witness in connection with
     such proceeding. (Ord. No. 143 §1, 1-7-85; RSMo. §575.250)


SECTION 225.085:          FAILURE TO REPORT TO CONFINEMENT

     A person commits the offense of failure to report to confinement if, being a defendant in a
     municipal case, the defendant is directed by the Municipal Judge to report to the Municipal
     Jail at a designated time for service of a sentence, but fails to report at the designated time.
     (Ord. No. 622 §1, 1-4-99)


SECTION 225.086:          FAILURE TO RETURN TO CONFINEMENT

     A person commits the offense of failure to return to confinement if, while serving a sentence
     for any ordinance violation under a work-release program, or while under sentence of any
     ordinance violation to serve a term of confinement which is not continuous, or while serving
     any other type of sentence for any ordinance violation wherein he is temporarily permitted to
     go at large without guard, he purposely fails to return to confinement when he is required to
     do so. (Ord. No. 699 §1, 11-19-01)


SECTION 225.088:          DELIVERY OR CONCEALMENT IN CITY JAIL OF
                         NARCOTICS, LIQUOR OR PROHIBITED ITEMS─UNLAWFUL

A.       It shall be an offense for any person to knowingly deliver, attempt to deliver or have in
     his possession, deposit or conceal in or about the City Jail the following:

     1.   Any controlled substance as that term is defined by law, except upon the written
          prescription of a licensed physician or dentist.

     2.   Any other alkaloid or any controlled substance, or any spirituous malt liquor, or any
          intoxicating liquor as defined in Section 311.020, RSMo.

     3.   Any article or item of personal property which an offender is prohibited by the rules
          and regulations of the Police Department from receiving or possessing. The Section of
          the Police rules and regulations setting forth what items of personal property are
          prohibited in the jail shall be posted in the jail.

     4.   Any gun, knife, weapon or any other article or item of personal property that may be
          used in such a manner as to endanger the safety or security of the jail or as to endanger
          the life or limb of any inmate or employee at the jail.

B.      Any person who has been found guilty of a violation of this Section shall be subject to a
     punishment not to exceed ninety (90) days in the County Jail or a five hundred dollar
     ($500.00) fine, or both fine and confinement. (Ord. No. 734 §§1─2, 9-2-03)


SECTION 225.090:          PENALTY FOR SECTIONS 225.010 THROUGH 225.086

     Any person who shall be found guilty of violating any of the aforesaid Sections shall be
     punished by a fine of not less than five dollars ($5.00), nor more than five hundred dollars
     ($500.00), or by imprisonment not less than one (1) day, nor more than three (3) months, or
     both fine and imprisonment. (Ord. No. 143 §1, 1-7-85; Ord. No. 717 §2, 3-17-03)


SECTION 225.100:          TAMPERING

     A person commits the offense of tampering if he:

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

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

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

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

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

           b.           To prevent the diversion of any electric, gas, steam, or water services.
                (CC §75.010)


SECTION 225.110:            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. (CC §75.020)


SECTION 225.120:            TRESPASS

     A person commits the offense of trespass if he enters unlawfully upon real property of
     another, without license or privilege. In addition, a person also commits the offense of
     trespass if he enters lawfully upon real property of another, but refuses to leave upon
     reasonable request by the owner or the owner's authorized agent. (Ord. No. 353 §1, 11-6-91)


SECTION 225.130:            DISORDERLY CONDUCT

A.        It is unlawful for any person to engage in disorderly conduct.

B.      A person commits the offense of disorderly conduct if, with the purpose of causing public
     inconvenience, annoyance or alarm, or recklessly creating a risk thereof he/she:

     1.              Engages in fighting or in violent, threatening or tumultuous behavior;

     2.    Disturbs or disrupts any lawful assembly or meeting of persons;

     3.    Knowingly exposes his genitals under circumstances under which he/she knows that
           his/her conduct is likely to cause affront or alarm. (Ord. No. 536 §1, 10-21-96; Ord.
           No. 751 §1, 4-5-04)


SECTION 225.135:            OBEDIENCE          TO     POLICE       AND      FIRE     DEPARTMENT
                           OFFICIALS

     No person shall willfully fail or refuse to comply with any lawful order or direction of Police
     Officer or Fire Department official. (Ord. No. 751 §2, 4-5-04)


SECTION 225.140:            PEACE DISTURBANCE

A.      Definitions. For the purposes of this Section, the following words shall have the
     prescribed meanings:
     PRIVATE PROPERTY: Any place which at the time is not open to the public. It includes
     property which is owned publicly or privately.

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

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

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

B.        Peace Disturbance. A person commits the crime of peace disturbance if:

     1.             He/she 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.   Threatening to commit a crime against any person, or

           d.   Fighting, or

           e.             Creating a noxious and offensive odor.

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

           a.   Vehicular or pedestrian traffic.

           b.   The free ingress or egress to and from a public or private place.
                (CC §§75.040─75.060; Ord. No. 313 §9, 10-1-90; Ord. No. 537 §1, 10-21-96)


SECTION 225.150:           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. (CC §75.120)


SECTION 225.155:           FAILURE TO RETURN RENTED PERSONAL PROPERTY

A.       A person commits the offense of failing to return leased or rented property if, with the
     intent to deprive the owner thereof, he/she knowingly fails to return leased or rented personal
     property to the place and within the time specified in an agreement in writing providing for
     the leasing or returning of such personal property.
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 knowingly fails to
     return or make arrangements acceptable with the lessor to return the personal property to its
     owner within ten (10) days after proper notice following the expiration of the lease or rental
     agreement.

C.      This Section shall not apply if such personal property is a vehicle and such return is made
     more difficult or expensive by a defect in such vehicle which renders such vehicle
     inoperable, if the lessee shall notify the lessor of the location of such vehicle and such defect
     before the expiration of the lease or rental agreement, or within ten (10) days after proper
     notice.

D.      Proper notice by the lessor shall consist of a written demand addressed and mailed by
     certified or registered mail to the lessee at the address given at the time of the making
     of the lease or rental agreement. The notice shall contain a statement that the failure to
     return the property may subject the lessee to prosecution. (Ord. No. 419 §1, 1-3-94)


SECTION 225.160:          CONSUMPTION OF ALCOHOLIC BEVERAGE IN MOVING
                         VEHICLE─PROHIBITED

A.      No person shall consume any alcoholic beverage while operating a motor vehicle upon
     any public street, avenue or alley within the City.

B.      Any person found guilty of violating the provisions of this Section shall be punished by a
     fine of not more than five hundred dollars ($500.00).

C.     Any conviction under this Section shall not reflect on any records of the Department of
     Revenue. (Ord. No. 377 §§1—2, 8-17-92)


SECTION 225.170:           POSSESSION OF OPEN CONTAINER─PROHIBITED

     Except where authorized by appropriate City licenses, no person shall be in possession of
     any glass, can, bottle or other opened container containing intoxicating liquor or non-
     intoxicating beer, in or upon the streets, alleys, sidewalks or public parking areas, nor shall
     any person consume intoxicating liquor or non-intoxicating beer in or upon the streets,
     alleys, sidewalks or public parking areas within the City limits of the City of Scott City.
     (Ord. No. 595 §1, 12-15-97)

               Editor's Note─Ord. no. 536 §3, enacted October 21, 1996, repealed section
                    225.170 in its entirety. Former section 225.170 derived from CC §75.150.
                    The following provisions have subsequently been passed.


SECTION 225.180:           LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT

     A person commits the offense of leaving the scene of a motor vehicle accident when being
     the operator or driver of a vehicle on a public street 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, he leaves the
     place of said 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.
     (CC §75.160)


SECTION 225.190:           DISCHARGING OF FIREARMS, HURLING MISSILES, AND
                          EXPELLING PROJECTILES

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

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

     MISSILE: Any rock, ball, pellet, or other hard object capable of causing serious physical
     injury or death or property damage when hurled, expelled or driven.

     PROJECTILE WEAPON: Any bow, crossbow, slingshot or other weapon that is not a
     firearm, which is capable of expelling a projectile that could inflict serious physical injury or
     death or cause property damage by striking persons or property.

B.      Except as hereinafter provided in Subsection (H), no person shall discharge any firearm
     within the City limits.

C.      No person shall hurl or drive any missile or expel any projectile from a projectile weapon
     within one hundred (100) yards of any occupied school or church building.

D.       No person shall hurl or drive any missile or expel any projectile from a projectile weapon
     at any object, or at random, on, along or across a public highway or toward any residence or
     place of business.

E.        No person shall carry any projectile weapon within City limits while intoxicated.

F.       No parent or guardian of any child under seventeen (17) years of age shall knowingly
     allow or permit such child to commit any of the acts set forth in Subsections (B, C, D and E).

G.      This Section shall not apply to possession of a soft-tipped bow equipped with rubber-
     tipped arrows or other soft-tipped arrows, any toy slingshot, designed to expel a soft
     projectile, or any missile incapable of inflicting serious physical injury or property damage.

H.       The City Council may upon written application allow the discharge of firearms within
     City limits for the purpose of firearm demonstrations and/or competitions, upon the
     following conditions:

     1.    No firearms are discharged in a residential area.

     2.    The applicant has notified the Chief of Police of the time, location and type of
           demonstration or competition.
     3.    The Chief of Police has inspected the site to insure the firearm demonstration or
           competition is safe and has submitted his report to the City Council.

     4.    The applicant has provided the City with proof of liability insurance covering any
           injury or death which may result from the activity requested in the application and has
           released the City from liability pursuant to a release form provided by the City.

     5.    The applicant has paid to the City a twenty-five dollar ($25.00) permit for the
           demonstration or competition. (CC §75.170; Ord. No. 69 §1, 8-17-81; Ord. No. 496 §1,
           10-16-95; Ord. No. 678 §§1—2, 2-5-01)


SECTION 225.195:           LEAVING THE SCENE OF A SHOOTING

     A person commits the offense of leaving the scene of a shooting when, being in possession
     of a firearm, as described in Section 225.190, he discharges the weapon and causes injury or
     death to another and, knowing he has done so, leaves the place of the shooting without
     giving his name, address and driver's license number to the Police Officer. (Ord. No. 652
     §1, 2-25-00)


SECTION 225.200:           ASSAULT

     It shall be unlawful for any person to assault another. A person commits the crime of assault
     if:

     1.    He beats or wounds another person without just cause; or

     2.    He attempts to cause or recklessly causes physical injury to another person; or

     3.    With criminal negligence he causes physical injury to another person by means of a
           deadly weapon; or

     4.    He purposely places another person in apprehension of immediate physical injury; or

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

     6.    He knowingly causes physical contact with another person knowing the other person
           will regard the contact as offensive or provocative. (CC §75.180; Ord. No. 501 §1, 10-
           16-95)


SECTION 225.205:           POINTING LASER BEAM

A.      It shall be unlawful for any person to focus, point or shine a laser beam directly or
     indirectly on another person in such a manner as is intended to harass or annoy, or in a
     manner that may do physical injury to another person.

B.        Any violation of this Section shall subject the violator to a summons to the Municipal
     Court and upon conviction shall be punishable by a fine of up to five hundred dollars
     ($500.00) and costs, or ninety (90) days imprisonment, or both a fine and imprisonment.
     (Ord. No. 625 §§1─2, 3-15-99)


SECTION 225.210:          ESCAPE FROM JAIL OR CUSTODY

     If any person confined in any City or County Jail upon conviction for violation of any City
     ordinance of the City or held in custody going to such jail, shall break such jail or custody,
     and escape therefrom, he shall, upon conviction, be guilty of a misdemeanor. (CC §75.190)


SECTION 225.220:          PEEPING TOMS

A.      No person shall during the night time, except in the discharge or execution of an official
     duty, loiter about or upon the premises of a place where people reside; nor shall any person,
     during the night time peep or gaze through windows, doors or other openings of a place
     wherein people reside.

B.     No person shall during the night time, engage in an indecent or perverted conduct,
     commonly called that of a "Peeping Tom". (CC §75.200)


SECTION 225.225:          LOITERING PROHIBITED

A.      No person shall loiter at anytime between the hours of 12:00 Midnight and 6:00 A.M. on
     the following parking lots owned by or leased to the City of Scott City: VFW and bank area
     parking lot, ballpark parking lot, City park pool parking lot, and Shady Grove Park lot.

B.      "Loiter" means to remain idle in essentially one (1) location and includes the concept of
     spending time idly, being dilatory, lingering, sauntering, delaying, standing around or
     hanging around. (Ord. No. 608 §1, 8-3-98)


SECTION 225.230:          MINOR IN POSSESSION OF ALCOHOL

A.       No person under the age of twenty-one (21) years shall purchase, attempt to purchase or
     possess any intoxicating liquor or non-intoxicating beer. For the purpose of this Section, a
     minor is considered in possession of intoxicating liquor or non-intoxicating beer if he or she
     is visibly intoxicated or has a detectable blood alcohol content of two-hundredths (.02) or
     more.

B.      No person under the age of twenty-one (21) years shall represent that he has attained the
     age of twenty-one (21) years in order to purchase, request, obtain or receive any intoxicating
     liquor or non-intoxicating beer.

C.      No person under the age of twenty-one (21) years shall sell or assist in the sale or
     dispensation of intoxicating liquor or non-intoxicating beer, except as allowed in Section
     311.300, RSMo.
D.      No person, nor his employee shall sell, give or supply any intoxicating liquor or non-
     intoxicating beer to any person under the age of twenty-one (21) years; provided, however,
     that this Section shall not apply to a parent or guardian who supplies intoxicating liquor or
     non-intoxicating beer to his child or ward under the age of twenty-one (21) years within the
     confines of a private dwelling, nor to a duly licensed physician who administers intoxicating
     liquor or non-intoxicating beer to a person under the age of twenty-one (21) years, nor to any
     person who supplies intoxicating liquor or non-intoxicating beer to a person under the age of
     twenty-one (21) years solely for medical purposes.

E.      No owner, occupant or other person or legal entity with a lawful right for use and
     enjoyment of any real or personal property shall knowingly allow a minor to drink or
     knowingly fail to stop a minor from drinking on said such property, unless the person is a
     minor's parent or guardian. (CC §75.210; Ord. No. 789 §§1─2, 10-17-05)


SECTION 225.240:          RESISTING OR INTERFERING WITH ARREST AND
                         INTERFERENCE WITH LEGAL PROCESS

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

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

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

B.      A person commits the offense of interference with legal process if, knowing any person is
     authorized by law to serve process, for the purpose of preventing such person from effecting
     the service of any process, he interferes with the service of process by threatening the use of
     physical violence, physical force, or physical interference, or by means of deceit. "Process"
     includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process
     or order of the Court.

C.      The offense of resisting or interfering with arrest, or interfering with legal process shall,
     upon conviction, be punishable by a fine of not more than five hundred dollars ($500.00), by
     imprisonment of not more than three (3) months, or by both such fine and confinement.
     (Ord. No. 216 §2, 11-2-87; Ord. No. 531 §1, 10-7-96)


SECTION 225.250:          STRIKE POLICE OFFICER

     It shall be unlawful for any person to strike, beat or wound any Chief of Police, Police
     Officer, Auxiliary Policeman, or any other Peace Officer of the City while such Officer is
     actively engaged in the performance of duties imposed upon him by law and every person
     who shall aid and assist in so doing shall be guilty of the same offense.
     (CC §75.240)
SECTION 225.260:           IMPERSONATE POLICE

     It shall be unlawful for any person to impersonate an Officer or other official of the City.
     (CC §75.250)


SECTION 225.270:           PASSING BAD CHECKS

A.       A person violates the provisions of this Section prohibiting the passing of a bad check
     when, with the purpose to defraud, he or she 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.

B.      If the issuer has no account with the drawee, or if there was no such drawee at the time
     the check or order was issued, this fact shall be prima facie evidence of his or her purpose to
     defraud and of his or her knowledge that the check or order would not be paid.

C.      If the issuer has 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 or her purpose to defraud and of his or
     her knowledge that the check or order would not be paid.

D.       Notice in writing means notice deposited as first class mail in the United States mail and
     addressed to the issuer at his or her address as it appears on the dishonored check or to his
     last known address.

E.      The range of punishment for violation of this Section shall be up to three (3) months in
     the City Jail or a fine of five hundred dollars ($500.00) or both fine and confinement. (Ord.
     No. 176 §§1-5, 6-2-86)


SECTION 225.275:           IDENTITY THEFT

     A person commits the offense of identity theft if he knowingly and with intent to deceive or
     defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one (1) or
     more means of identification not lawfully issued for his use. (Ord. No. 653 §1, 2-25-00)


SECTION 225.280:           GIVING FALSE INFORMATION

A.       It shall be unlawful for any person to give false information, knowingly, to any official or
     employee or representative of the City on any matter pertaining to or affected by his or her
     official duty.

B.       It is a defense to a prosecution under Subsection (A) of this Section that the actor
     retracted the false statement, but this defense shall not apply if the retraction was made after:

     1.             The falsity of the statement was exposed; or

     2.             Any City official, employee or representative took substantial action in
          reliance on the statement. (Ord. No. 115 §§1-2, 10-17-83)
SECTION 225.290:           CARRYING CONCEALED WEAPONS

A.     No person, who is not licensed to carry a concealed weapon shall carry a concealed
     weapon upon his or her person, as defined by the Missouri Statutes.

B.      No person may exhibit any weapon in a rude, angry or threatening manner, or shall have
     any weapon in his possession when intoxicated or, directly or indirectly, sell or deliver, loan
     or barter to any minor any weapon, without consent of the parent or guardian of such person.

C.      No person, licensed to carry a concealed weapon may enter on any public building of the
     City including, but not limited to, Police station, City Council Chambers, fire station, all
     public works buildings. In addition, no person licensed to carry concealed weapons may
     carry a concealed weapon into any place licensed for the sale of liquor, any school, any
     portion of building used as a child care facility, any gated area of an amusement park,
     including the municipal park after the same is gated, any church or other place of worship, or
     any private property with a posted notice.

     The City and any private property owners wishing to exclude the carrying of concealed
     weapons on their property shall post a sign that is at least eleven (11) inches by fourteen (14)
     inches in size, with letters at least one (1) inch tall, prohibiting the carrying of concealed
     weapons on the property to be excluded.

D.        Nothing contained in Subsections (A) and (C) hereof shall apply to:

     1.    Any legally qualified Sheriffs, Police Officers who have completed the training
           required by Police Officer Standards and Training Commission pursuant to Sections
           590.030 to 590.050, RSMo., and possessing the duty and power of arrest for violation
           of the general criminal laws of the State or for violation of ordinances of Counties or
           municipalities of the State, whether such officers are on or off duty, and whether such
           officers are within or outside of the Law Enforcement Agency's jurisdiction, or any
           other person summoned by such officers to assist in making arrests or preserving the
           peace while actually engaged in assisting such officer:

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

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

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

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

     6.    Any Federal Probation Officer;

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

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

     9.    Any Corner, Deputy Coroner, Medical Examiner or Assistant Medical Examiner.

E.      Any person violating Subsections (A) or (B) of this Section shall, upon conviction, be
     punished by imprisonment of not more than three (3) months and/or by a fine of not more
     than five hundred dollars ($500.00).

F.      Any person in violation of Subsection (C) of this Section shall be guilty of trespass and
     shall be assessed a fine not to exceed one hundred dollars ($100.00). (Ord. No. 175 §§1-2,
     6-2-86; Ord. No. 741 §1, 10-21-03; Ord. No. 750 §1, 3-1-04)


SECTION 225.300: OFFENSES IN CITY PARK

A.        It shall be unlawful for any person in a public park or recreation area to:

     1.               Ride or lead a horse, except on a bridle trail, plainly designated as such by
           order of the Park Director.

     2.                Allow a horse or other animal to graze or go unattended on park or recreation
           property.

     3.             Operate an all-terrain vehicle in any City Park or recreation area, except on a
           designated street.

B.        An "All-Terrain Vehicle" shall be as defined in Section 300.020 of this Code.

C.      Any person violating the provisions of this Section shall, upon conviction in Municipal
     Court, be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in
     the City Jail of up to sixty (60) days, or both fine and confinement.
     (Ord. No. 225 §§1-3, 7-5-88)

SECTION 225.310:             EMERGENCY              TELEPHONE              SERVICE─UNLAWFUL
                            ACTIVITIES

A.      An emergency telephone tax, in an amount of fifteen percent (15%) of the tariffed local
     service rate as defined by Section 190.300, RSMo., is imposed in the City of Scott City,
     Missouri for which emergency 911 telephone service has been contracted pursuant to
     Sections 190.300 through 190.320, RSMo.

B.      This tax shall be imposed for a period of three (3) years from the commencement of the
     collection as specified herein, subject to adjustments in the percentage as provided for by
     Sections 190.300 through 190.320, RSMo.

C.      This tax rate shall be reviewed annually by the City Council no later than September first
     (1st) to establish a tax rate not to exceed the amount authorized that together with any
     surplus revenues carried forward will produce sufficient revenues to fund necessary
     expenditures for the following year as provided for by Sections 190.300 through 190.320,
     RSMo.
D.      The collection of said tax shall commence on January 1, 1992 and continue through
     January 1, 1995 subject to periodic renewals thereafter as provided in Section 190.305.2,
     RSMo.

E.        It shall be unlawful for any person to:

     1.    Fail to pay the telephone tax imposed by this Section.

     2.    Intentionally place calls through the emergency telephone system for purposes other
           than reporting Police, fire, medical or other emergency situations.

     3.    Any person violating any of the provisions of Subsection (E) of this Section shall, upon
           conviction in Municipal Court, be punished by a fine of not more than five hundred
           dollars ($500.00). (Ord. No. 355 §§1─5, 12-2-91; Ord. No. 777 §1, 4-4-05)


SECTION 225.320:            PROSTITUTION

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

     PROMOTING PROSTITUTION: A person promotes prostitution if, acting other than as a
     prostitute or a patron of a prostitute, he/she knowingly:

     1.               Causes or aids a person to commit or engage in prostitution;

     2.    Procures or solicits patrons for prostitution;

     3.    Provides persons or premises for prostitution purposes;

     4.    Operates or assists in the operation of a house of prostitution or a prostitution
           enterprise;

     5.    Accepts or receives or agrees to accept or receive something of value pursuant to an
           agreement or understanding with any person whereby he/she participates or is to
           participate in proceeds of prostitution activity; or

     6.    Engages in any conduct designed to institute, aid or facilitate an act or enterprise of
           prostitution.

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

     PATRONIZING PROSTITUTION: A person patronizes prostitution if:

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

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

     SEXUAL CONDUCT: Occurs when there is:

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

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

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

     SOMETHING OF VALUE: Any money or property, or any token, object or article
     exchangeable for money or property.

B.        Prostitution. It shall be unlawful for any person to perform an act of prostitution.

C.        Patronizing Prostitution. It shall be unlawful for any person to patronize prostitution.

D.      Promoting Prostitution. It shall be unlawful for any person to promote prostitution.
     (Ord. No. 541 §1, 1-6-97)


SECTION 225.330:            DISCLOSURE OF CLOSED MEETINGS OR RECORDS

     Any person who participates in a meeting closed to the public or who has access to records
     closed to the public, as authorized by Section 610.020 of the Missouri Statutes, who
     thereafter discusses any portion of the contents of the meeting or discloses or releases any
     portion of the closed records shall be guilty of a misdemeanor, punishable under the
     provisions of Chapter 110 of the Scott City Ordinances. This Section shall not apply to
     anyone lawfully required to disclose records under the provisions of Chapter 610 of the
     Missouri Statutes or any person ordered to disclose the contents of a closed meeting or
     record by a court of competent jurisdiction. (Ord. No. 670 §1, 10-2-00)



                           CHAPTER 230: NUISANCES


SECTION 230.010:            OBSTRUCT NATURAL DRAINS

     It shall be unlawful for any person to obstruct or to throw anything or material into any ditch
     or natural drain that might tend to obstruct the natural flow of water within such ditch or
     natural drain, or to permit or cause to be permitted any such obstruction to be placed in said
     ditch or natural drain. (CC §74.010)


SECTION 230.020:          MUD ON PUBLIC STREETS

     It shall be unlawful for anyone to disturb the surface of the ground or to do any act which
     would result in mud and dirt washing onto the public streets of the City of Scott City and
     into the public sewer system of the City of Scott City, Missouri.

     1.             It shall be unlawful for any person at any site upon which construction is
          taking place, where it is necessary to disturb the surface of the ground in order to
          complete the construction, to construct any such facility in such manner so that mud
          and dirt will wash onto any public street or into any public sewer facility of the City of
          Scott City.

     2.              Before being issued a permit for such construction, it will be necessary for the
          person seeking said permit to submit a plan and drawing of the manner in which the
          construction work is to be done and which plan and drawing will show that dirt and
          mud will not be permitted to wash out onto a public street or into a public sewer
          facility. (CC §74.020)


SECTION 230.030:          HOUSE NUMBERS

     Each property owner or occupier shall display the house number assigned to such property
     by the City of Scott City, Missouri, on such property. Such number shall be displayed in
     numbers of sufficient size and clarity to be read with ease from a position across the street
     from said property. (CC §74.030)


SECTION 230.040:          POOL HALL HOURS

A.      All pool halls located within the corporate limits of Scott City shall be closed for business
     except when permitted by law to be open. The permitted hours of operation shall be, during
     the days Monday through Saturday, inclusive, from 6:00 A.M. to 12:00 Midnight; on
     Sundays a pool hall may be open from 12:00 Noon until 6:00 P.M.

B.      No minor shall enter or remain in any premises operated as a pool hall, unless such minor
     shall present a written consent signed by the parents or legal guardian of said minor,
     authorizing him to play pool or to be in such pool hall. (CC §74.050)



SECTION 230.045:          PROHIBITING UNSECURED                     APPLIANCES          LOCATED
                         OUTSIDEOF BUILDINGS

     It shall be unlawful for any owner, lessee, occupant or any agent, servant, representative or
     employee of such owner, lessee or occupant having control of any real estate within the City
     to permit any ice boxes, freezers, refrigerators, washers, dryers, dishwashers or any other
     appliance containing doors to be in any unsecured buildings or outside the exterior walls of
     any building located on said real estate, unless the doors to said appliance are first secured
     by a lock or other secure device to prevent entry into the appliance by any third party. (Ord.
     No. 818 §1, 4-2-07)


SECTION 230.050:           POSTING OF ADVERTISEMENT PROHIBITED

A.       No person shall willfully and maliciously tack, wire, tie or affix any card, poster, bill,
     streamer, announcement or other advertising matter upon any tree, shrub, post, pole, or
     building located on public property owned by the City of Scott City, Missouri.

B.       No person shall willfully and maliciously tack, wire, tie or affix any card, poster, bill,
     streamer, announcement or other advertising matter upon any tree, shrub, post, pole, pier or
     abutment used for telegraph, telephone, electric light and power or radio broadcasting
     purposes; nor shall any person injure, molest or destroy any of the lines, insulators, wire,
     posts, poles, piers, or abutments of any such company used in or about the transmissions of
     dispatches; radio programs or other communications or in the transmission of electricity for
     light or power purposes.

C.       No person shall affix any sign, poster, billboard or other advertising matter upon private
     property in such a way that it protrudes over a public street or sidewalk so that to obstruct or
     restrict the public use of said street or sidewalk or other public place.

D.      Nothing contained in this Section shall be construed as prohibiting the display of cards,
     posters, bills, streamers, announcements or other advertising matter upon private property, so
     long as the advertising matter displayed does not obstruct or restrict public use of a street,
     sidewalk or other public place. (Ord. No. 62 §§1-4, 5-18-81)


SECTION 230.060:           DEBRIS

A.       Removal Of Debris. It shall be unlawful for any owner, lessee, occupant, or any agent,
     servant, representative or employee of such owner, lessee or occupant having control of any
     lot or land or having use of any alleys or easements adjacent to said lot or land zoned
     residential, commercial or industrial to permit or maintain on such lot, land, alley or
     easement or on or along the sidewalk and street between said person's lot and the curb the
     presences of any debris of any kind including, but not limited to, weed cuttings, cut and
     fallen trees and shrubs, overgrown vegetation and weeds which are seven (7) inches or more
     in height, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground,
     rocks or bricks, tin, steel, broken furniture or any flammable material which may endanger
     public safety.

B.      The maintenance of any debris, set forth in Subsection (A) hereof, is declared to be a
     public nuisance.

C.       Cultivation Of Agricultural Crops. Nothing contained in the above Subsection shall
     prohibit the cultivation of agricultural crops, where permitted by the zoning ordinances of
     Scott City, except that the cultivation of agricultural crops shall not be permitted within
     fifteen (15) feet of any improved street or alley or drainage ditch.

     D. Vegetation At Street Intersection. No person shall allow vegetation (trees, shrubs, grass,
     etc.) or any other object to be so located as to unreasonably obstruct the view of approaching
     or cross traffic at street intersections.

E.       Duty Of Owner, Lessee Or Occupant. It shall be the duty of any owner, lessee or
     occupant of any lot or land to remove any debris maintained on said lot or land or on any
     alley or easement adjacent to said lot or land or on any portion of City right-of-way between
     the lot and the curb so as to comply with the provisions of Subsections (A) and (D) hereof.

F.       When City To Do Work. If the provisions of this Section are not complied with, the
     nuisance officer shall serve a notice upon the owner of the lot or his/her agent, the occupant,
     if any, and the lessee, if any, by either of the following methods:

     1.   Hand delivering the notice to the owner or his/her agent, the occupant, if any, and the
          lessee, if any.

     2.   Alternatively, by mailing the notice to the owner at the last known address of the
          owner, as reflected by the records of the City Collector, and by simultaneously posting
          the notice on the property in a conspicuous location.

     Said notice shall demand abatement of the nuisance within seven (7) days, which notice shall
     further state that if the nuisance is not abated within seven (7) days, the City will proceed to
     abate the nuisance by removing the debris. If the nuisance is not abated within seven (7)
     days, the nuisance officer or other designated official shall abate the nuisance by having the
     debris removed and shall certify the cost of the same to the City Clerk. The City Clerk shall
     then notify the owner of the premises or his/her agent of the cost of abating the nuisance and
     shall cause to be delivered upon the owner of the premises or his/her agent a notice of intent
     to file a lien claim for the cost of abatement. The City Clerk shall also cause the notice of
     intent to file lien claim to be recorded with the Recorder of Deeds' office of Scott County,
     Missouri. Whenever the bill for such charge remains unpaid for thirty (30) days after it has
     been rendered, the City Clerk shall file with the Recorder of Deeds of Scott County,
     Missouri, a statement of lien claim. This statement shall contain a legal description of the
     property, the expenses and costs incurred and the date the debris was removed from the
     premises and that the City claims a lien for this amount. Notice of such lien shall be mailed
     to the owner of the premises at his/her last address as reflected by the records of the City
     Collector. The charges for the cost incurred in abating the nuisance shall be collected by the
     Collector with other taxes assessed against the property.

G.       City May Proceed In City Court. In addition to the remedy set forth in Subsection (F),
     hereof, the City Attorney may proceed to file a municipal ordinance violation against the
     person in violation of Subsections (A) or (D) hereof, which is punishable under Subsection
     (H) hereof of the Scott City Municipal Code. The failure of the City to follow the procedure
     set forth under Subsection (F) of this Section, shall not be a bar or defense to any action
     instituted by the City Attorney in Municipal Court for violation of Subsections (A) and (D)
     hereof.

H.      Penalty. Each person who shall neglect to remove debris as directed by this Chapter, or
     shall fail, neglect, or refuse to comply with the provisions of any notice herein provided, or
     who shall resist or obstruct the nuisance officer or any other representative of the City in the
     removal of the debris shall, upon conviction thereof, be guilty of a misdemeanor. If any
     person fails to comply with Subsection (E) the City may, at its option, either proceed as
     administratively as provided by Subsection (F) or may, without notice, immediately
     prosecute any person alleged in violation of Subsection (E) in Municipal Court.

     1.   Each person convicted of a violation of this Section shall be penalized as follows:

          a.   Upon a first (1st) violation, a fine not to exceed one hundred fifty dollars
               ($150.00).

          b.   For a second (2nd) violation in the same year, a fine not to exceed three hundred
               dollars ($300.00).

          c.   For a third (3rd) violation in the same year, a fine not to exceed four hundred fifty
               dollars ($450.00).

     2.   Each day any person remains in violation of this Section constitutes a separate offense
          for the purpose of prosecution in Municipal Court. (CC §§65.010—65.050; Ord. No.
          198 §§2—3; Ord. No. 236 §2, 9-5-88; Ord. 307 §1, 5-21-90; Ord. No. 393 §1, 12-7-92;
          Ord. No. 585 §§1─2, 10-20-97; Ord. No. 718 §5, 3-17-03; Ord. No. 760 §§1─2, 7-6-04;
          Ord. No. 803 §1, 6-5-06)


SECTION 230.070:           OBSTRUCTION OF STREETS AND OTHER PUBLIC WAYS

     No person shall obstruct or endanger or place or permit anything to obstruct or endanger the
     free passage or proper use of any public street, sidewalk, alley, crosswalk, bridge, easement
     for ingress and/or egress, or entrance to any church, school or any other public hall or place.
     (Ord. No. 395 §1, 2-17-93; Ord. No. 698 §1, 10-1-01)


SECTION 230.075:          PENALTY FOR FAILURE TO REPAIR SIDEWALK OR
                         STREET

     If any owner of any lot or tract, who is directed by the City Council pursuant to Section
     88.877, RSMo., to build or construct, or rebuild or reconstruct, or repair a sidewalk along or
     adjacent to his/her property or who is directed to grade, fill or part that portion of the street
     between the property line and the street curb and after having received proper notice to do
     said work fails, neglects or refuses to comply with this Section, said person shall be guilty of
     a misdemeanor and may be punished in accordance with Section 110.010 of the City Code.
     (Ord. No. 552 §1, 3-17-97; Ord. No. 858 §1, 7-20-09)


SECTION 230.080:           ENCLOSURE OF SWIMMING POOLS

A.      Except as hereafter provided, every outdoor swimming pool or family pool shall be
     completely surrounded by a fence or wall of not less than four (4) feet in height, which shall
     be so constructed as to not have openings, holes, or gaps larger than four (4) inches in any
     dimension except for doors and gates; and if a picket fence is erected or maintained, the
     horizontal dimension between the pickets shall not exceed four (4) inches. A dwelling house
     or accessory building may be used as part of such enclosure. The above provision shall not
     be applicable to any swimming pool or family pool, which has an attachable deck or fencing
     which is so attached to the pool as to provide a fence completely surrounding the pool of no
     less than two (2) feet in height from the top of the pool to the top of the fence and no less
     than four (4) feet from ground level to the top of the attachable deck or fence.

B.      All gates or doors opening through such enclosure shall be equipped with a latching
     device for keeping the gate or door securely closed at all times when not in actual use,
     except that the door of any dwelling which forms a part of the enclosure need not be so
     equipped.

C.      This requirement shall be applicable to all new swimming pools or family pools hereafter
     constructed, other than indoor pools, and shall apply to all existing pools which have a
     minimum depth of eighteen (18) inches of water. No person in possession of land within the
     City, either as owner, lessee, tenant or a licensee, upon which is situated a swimming pool or
     family pool having a minimum depth of eighteen (18) inches shall fail to provide and
     maintain such fence or wall as herein provided.

D.      The building inspector may recommend to the City Council and the City Council may
     approve modifications in individual cases, upon a showing of good cause with respect to the
     height, nature or location of the fence, wall, gates or latches or the necessity therefor,
     provided the protection as sought hereunder is not reduced thereby. The building inspector
     may recommend and the City Council may approve other protective devices or structures to
     be used so long as the degree of protection afforded by the substitute devices or structures is
     not less than the protection afforded by the wall, fence, gate and latch described herein.

E.      The owners, lessees, tenants, or licensees of any existing pools, which fail to meet the
     requirements set forth above, shall have until June 15, 1998 to comply with provisions of the
     Code relating to enclosure of swimming pools.

F.       Any swimming pool erected or maintained in violation of this Section is hereby declared
     a nuisance. Any owner, lessee, tenant or licensee, who fails to comply with this Section
     after receipt of fifteen (15) days' written notice from the Building Inspector, shall be guilty
     of a misdemeanor and may be punished pursuant to Section 100.010 of the City Code. Each
     day a person remains in violation of this Section constitutes a separate offense for the
     purpose of prosecution in Municipal Court. (Ord. No. 596 §1, 2-17-98; Ord. No. 858 §2, 7-
     20-09)


SECTION 230.090:          BURNING OF VEGETATION ON PROPERTY USED FOR
                         AGRICULTURAL PURPOSES PROHIBITED

A.      It shall be unlawful for any person to burn any weeds, grass, growing crops, stubble or
     other vegetation on any property used for agricultural purposes, except as hereinafter
     provided.

B.      In special circumstances, upon recommendation of the Fire Chief, the Mayor and City
     Council may approve the burning of vegetation, which special circumstances shall be duly
     noted in the minutes of the City Council. (Ord. No. 612 §1, 7-20-98)


                     CHAPTER 235: DISABLED ANDABANDONEDAUTOMOBILES
                           ARTICLE I. JUNK AUTOMOBILES


SECTION 235.010:            DEFINITIONS

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

     DAMAGED OR DISABLED VEHICLE: Any vehicle which is not registered or is
     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.

     JUNK: Shall have the same meaning as defined in Section 615.010 of this Code.

     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.
     (Ord. No. 72 §1, 11-2-81)


SECTION 235.020:            REMOVAL OF VEHICLE

     The Chief of Police shall remove any vehicle or other removable object located on
     highways, streets or alleys within the corporate City limits, which congests, obstruct or
     unduly restricts the free, clear and unimpeded movement of traffic. The vehicle shall be
     removed to such a place remote from such traffic and movement and impounded until such
     time as the registered owner thereof shall claim the same by the full payment of the costs
     accrued for towing and storage while so impounded, and the Court costs and fines assessed.
     (Ord. No. 72 §2, 11-2-81)


SECTION 235.030:            DAMAGED OR DISABLED VEHICLES

A.      Damaged or Disabled Vehicles Are Nuisances. Any damaged or disabled vehicle, part
     thereof, or junk, located on any property, street, or highway which:

     1.               Presents a hazard to children, or

     2.               Harbors tall grass, weeds, or other vegetation, or

     3.               Creates a fire hazard, or

     4.             Affords a breeding place or nesting place for mosquitoes, flies, rodents, rats,
          or other vermin, or

     5.               Is allowed to remain unmoved on any street or highway for seventy-two (72)
          hours, or
     6.              Any such vehicle or part thereof, which that is allowed to remain on private
          premises, other than a duly licensed automobile repair or sales business, or junk yard,
          for a period of more than ten (10) days, is hereby declared a public nuisance.

B.      Vehicles Exempted. The provisions of Subsection A(6) hereof shall not apply to historic
     motor vehicles, which are being restored for licenses pursuant to Section 301.130 RSMo., or
     to motor vehicles which are awaiting repair pending the adjustment of an insurance claim,
     provided the owners of such vehicles have applied for and received a permit from the Chief
     of Police, which permit may be granted upon proof that the owner is taking all necessary
     steps to restore said historic vehicle or settle the insurance claim so as to repair the vehicle.
     Said permits shall be issued for thirty (30) days, but may be renewed upon further
     application to the Chief of Police.

C.      Competitive racing vehicles which met the conditions as set forth in Subsection (B)
     above. (Ord. No. 235 §2, 9-5-88; Ord. No. 717 §2, 3-17-03)


SECTION 235.040:           UNLAWFUL TO MAINTAIN

     It shall be unlawful for any person to create or maintain a nuisance as defined in Section
     235.010, and any person who maintains such a nuisance may, upon conviction in the
     Municipal Court, be assessed the penalty provided in Section 110.010 of the City Code.
     Failure of the City to dispose of damaged or disabled vehicles pursuant to Sections 235.050
     through 235.120 shall not preclude the City Attorney from filing ordinance violation charges
     against any person whose damaged or disabled vehicle constitutes a nuisance. (Ord. No. 235
     §4, 9-5-88; Ord. No. 778 §1, 4-4-05; Ord. No. 858 §3, 7-20-09)

SECTION 235.050:           NOTICE

     Whenever the Chief of Police receives a complaint alleging that a vehicle or junk constitutes
     a nuisance or whenever he reasonably believes that a vehicle or junk constitutes a nuisance,
     as defined in Section 235.030 of this Article, he shall cause written notice to be served upon
     the owner or the custodian of the junk or vehicle if he can be located. Service of the written
     notice may be by personal service or by registered mail. The notice shall be signed by the
     City Clerk and shall set forth the time and place of the public hearing, which will be held to
     determine whether or not the vehicle or junk in question constitutes a nuisance in violation
     of this Article.
     (Ord. No. 72 §5, 11-2-81)

SECTION 235.060:           PROCEDURE WHEN OWNER CANNOT BE LOCATED

     Whenever the Chief of Police reasonably believes that a vehicle or junk constitutes a
     nuisance as defined in Section 235.030 of this Article, but the owner or custodian of the
     property cannot be located by reasonable search, a notice shall be attached to the property.
     The notice shall advise the owner or custodian that if he fails to contact the Chief of Police
     or the City Clerk within fifteen (15) days from the time the notice was first posted, then the
     property will be removed, stored, and if necessary sold and disposed of pursuant to Sections
     235.090 and 235.100 of this Article. If the owner contacts the Chief of Police or the City
     Clerk within fifteen (15) days of the posting of the notice, he may request a public hearing to
     determine whether or not the property in question constitutes a nuisance. (Ord. No 72 §6, 11-
     2-81)
SECTION 235.070:         FIVE DAYS NOTICE GIVEN

   The owner or custodian of the vehicle or junk deemed to be a nuisance shall be given at least
   five (5) days notice of the time and place of the public hearing. The Municipal Judge shall
   act as the Hearing Officer at said public hearing.
   (Ord. No. 72 §7, 11-2-81)


SECTION 235.080:         OWNER TO ABATE THE NUISANCE

   The Hearing Officer, after conducting the public hearing, shall make written findings of fact
   from the testimony offered at the public hearing as to whether or not the vehicle or junk in
   question constitutes a nuisance within the meaning of this Article. If the Hearing Officer
   determines that the property is a nuisance, he shall issue an order commanding the owner or
   custodian of the property to abate the nuisance within seven (7) days after the order is
   entered. (Ord. No. 72 §8, 11-2-81)


SECTION 235.090:         DISPOSITION

   If the property determined to be a nuisance is not removed within the time specified in
   Section 235.080 of this Article, the property shall be transported to a storage area by or at the
   direction of the Chief of Police 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 property 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. After another ninety (90) day period, if the
   excess be unclaimed, it shall be paid over to the General Fund of the City.
   (Ord. No. 72 §9, 11-2-81)


SECTION 235.100:         NOTICE OF SALE

   Prior to the sale of any such property, the Chief of Police shall cause to be posted in the City
   Hall, at the place of storage, and at least one (1) other place in the City a notice of sale
   stating:

   1.             That the City is selling abandoned property,

   2.             The color, make, year, motor number, and serial number, if available, and any
        other information necessary for an accurate identification of the property,

   3.             The terms of the sale,

   4.             The date, time and place of the sale.

   This notice shall be published not less than ten (10), or more than twenty (20) days prior to
   the date of the sale. (Ord. No. 72 §10, 11-2-81)
SECTION 235.110:        ENTRY ONTO PRIVATE PROPERTY

   The Chief of Police or his duly authorized representative may enter upon private property for
   inspection or for the purpose of removing any property in accordance with this Article. If
   any person refuses to allow entry onto his private property, the Chief of Police may obtain a
   warrant from the proper Official and proceed in accordance therewith. (Ord. No. 72 §11, 11-
   2-81)


SECTION 235.120:        EMERGENCY REMOVAL

   In the case where it reasonably appears to the Chief of Police that there is immediate danger
   to the life or safety of any person unless a nuisance as defined in Section 235.030 of this
   Article is immediately abated, the Chief of Police shall remove or abate the nuisance. The
   cost of such emergency removal or abatement shall be collected in the same manner as
   provided by Sections 235.090 and 235.100 of this Article.
   (Ord. No. 72 §12, 11-2-81)


                       ARTICLE II. ABANDONED VEHICLES


SECTION 235.130:        DEFINITION

   For the purpose of this Article, "motor vehicles" shall include but not be limited to the
   following: Automobile, pickup truck, truck, trailer, tractors, van, flat bed, farm machinery,
   construction vehicles, buses, motorcycles or any portions thereof.
   (Ord. No. 105 §1, 5-16-83)


SECTION 235.140:        ABANDONMENT

   The abandonment of a motor vehicle or any part thereof on any highway in this Municipality
   is unlawful and subject to penalties as set forth herein. The abandonment of a motor vehicle
   or other vehicles or any part thereof on private or public property, other than a highway, in
   view of the general public, anywhere in the City is unlawful except on property of the owner
   or bailee of such abandoned vehicle. A motor vehicle or other vehicle or any part thereof so
   abandoned on private property may be authorized for removal by or upon the order of the
   Chief of the Police Department of the City, after a waiting period of seven (7) days or more
   has expired.
   (Ord. No. 105 §2, 5-16-83)

SECTION 235.150:        NOTIFICATION TO POLICE

   When an abandoned, lost or stolen or unclaimed motor vehicle comes into the temporary
   possession or custody of a person in this State, not the owner of the vehicle, such person
   shall immediately notify the Police Department when the vehicle is within the corporate
   limits of the City. Upon receipt of such notification, the Chief of the Police Department
   shall authorize a towing service to remove and take possession of the abandoned, lost, stolen,
   or unclaimed motor vehicle. The towing service will safely keep the towed vehicle and its
   contents, maintain a record of the tow until the vehicle is claimed by the owner or any other
     person legally entitled to possession thereof, or until it is disposed of as provided in this
     Article. (Ord. No. 105 §3, 5-16-83)


SECTION 235.160:          TOWING AWAY

A.      Any person who leaves a motor vehicle unattended on a highway in the City ten (10)
     hours or more shall be deemed prima facie evidence to have abandoned the same and its
     removal by a towing service may be authorized by order of the Chief of the Police
     Department of the City. Any person who leaves a motor vehicle unattended on a street of
     the City, but not on a highway in the City, for more than seventy-two (72) hours shall be
     deemed prima facie to have abandoned the same and its removal by a towing service may be
     authorized by order of the Chief of the Police Department of this City.

B.      When abandoned, unattended, wrecked, burned, or partially dismantled motor vehicle is
     creating a traffic hazard because of its position in relation to the highway, or its physical
     appearance is causing the impeding of traffic, its removal from the highway by a towing
     service may be authorized by order of the Chief of the Police Department of the City. (Ord.
     No. 105 §4, 5-16-83)


SECTION 235.170:          RECORDS

     When a motor vehicle is authorized to be towed away, the Police Department shall keep and
     maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's
     trade name, manufacturer's series name, body style, vehicle identification number, and
     license plate year and number displayed on the vehicle. The record shall also include the
     date and hour of tow, location towed from, location towed to, reason for towing and the
     name of the Officer authorizing the tow.
     (Ord. No. 105 §5, 5-16-83)


SECTION 235.180:          OBTAINING REGISTRATION INFORMATION

A.      When the Municipal Police Department does not know the identity of the registered
     owner or other legally entitled person, they will cause the State Motor Vehicle registration
     records to be searched by a directed communication to the Secretary of State for the purpose
     of obtaining the required ownership information.

B.      The Police Department will cause the stolen motor vehicle files of the State Police to be
     searched by a directed communication to the State Police for stolen or wanted information
     on the vehicle. When the State Police files are searched with negative results, the
     information contained in the National Crime Information Center (NCIC) files will be
     searched by the State Police. The information determined from these record searches will be
     used by the Police Department in sending a notification by certified mail to the owner or
     legally entitled person advising where the vehicle is held, requesting a disposition be made
     and setting forth public sale information.

C.      When the registered owner or other person legally entitled to the possession of a motor
     vehicle or other vehicle cannot be identified from the registration files of the State or from
     the registration files of a foreign state, if applicable, the Police Department shall notify the
   State Police for the purpose of identifying the vehicle's owner or other person legally entitled
   to possession of the vehicle. The information obtained by the State Police will be
   immediately forwarded to the Law Enforcement Agency having control of the vehicle for
   notification of the owner.
   (Ord. No. 105 §6, 5-16-83)


SECTION 235.190:        REDEMPTION

   Any time before a motor vehicle is sold at public sale or disposed of as provided herein, the
   owner or other person legally entitled to its possession may reclaim the vehicle by presenting
   to the Police Department proof of ownership or proof of the right to possession of the
   vehicle. No vehicle shall be released to the owner or other person under this Section until all
   towing and storage charges have been paid.
   (Ord. No. 105 §7, 5-16-83)


SECTION 235.200:        PUBLIC SALE NOTICE

   Whenever an abandoned, lost, stolen, or unclaimed motor vehicle, remains unclaimed by the
   registered owner or other person legally entitled to its possession for a period of thirty (30)
   days after notice has been given as provided herein, the Police Department having
   possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice
   of the time and place of the sale shall be posted in a conspicuous place for at least ten (10)
   days prior to the sale on the premises where the vehicle has been impounded. At least ten
   (10) days prior to the sale, the Police Department shall cause a notice of the time and place
   of the sale to be sent by certified mail to the registered owner or other person known by the
   Police Department or towing service to be legally entitled to the possession of the vehicle.
   Such notice shall contain a complete description of the vehicle to be sold and what steps
   must be taken by any legally entitled person to reclaim the vehicle. In those instances where
   the certified notification specified herein has been returned by the postal authorities to the
   Police Department due to the addressee having moved, or being unknown at the address
   obtained from the registration records of this State, the sending of a second certified notice
   will not be required. (Ord. No. 105 §8, 5-16-83)


SECTION 235.210:        DISPOSAL

   When the identity of the registered owner or other person legally entitled to the possession of
   an abandoned, lost, or unclaimed vehicle cannot be determined by any means provided for in
   this Article, the vehicle may be sold as provided herein or disposed of in the manner
   authorized by this Article without notice to the registered owner or other person legally
   entitled to the possession of the vehicle.
   (Ord. No. 105 §9, 5-16-83)


SECTION 235.220:        PROCEEDS OF PUBLIC SALE

   When a vehicle located within the corporate limits of the City is authorized to be towed
   away by the Chief of Police and disposed of as set forth in this Article, the proceeds of the
   public sale or disposition after the deduction of towing, storage, and processing charges shall
     be deposited in the Municipal Treasury.
     (Ord. No. 105 §10, 5-16-83)


SECTION 235.230:          IMMUNITY FROM DAMAGES

     Any Police Officer, towing service owner, operator, or employee shall not be held to answer
     or be liable for damages in any action brought by the registered owner, former registered
     owner, or his legal representative, or any other person legally entitled to the possession of a
     motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as
     provided in this Article. (Ord. No. 105 §11, 5-16-83)


SECTION 235.235:          TOWING OF DISABLED OR DAMAGED VEHICLES

A.      Any vehicles requiring removal pursuant to Section 235.020 of the Code and any
     damaged or disabled vehicles requiring removal from an accident site where the owner or
     operator is unable or refuses to select a towing company shall be removed by a towing
     company selected by the Police Officer at the site. The Police Officer shall exercise his
     discretion in selecting the appropriate towing company, taking into consideration all factors
     including, but not limited to, the proximity of the tow truck or towing company to the site,
     availability of the tow truck, history of the towing company's reliability in performing prior
     services, history of the towing company's interferences at other sites and order of rotation of
     the towing company on the towing company list.

B.      The City shall maintain a list of approved towing companies. Any towing company
     wishing its name to be placed on the list shall provide the City with the following:

     1.   Proof of ownership;

     2.   Proof of liability insurance in a minimum amount of $300,000.00/$100,000.00;

     3.   Execution of a document on file with City Hall releasing the City from any and all
          liability arising from the towing company's removal or failure to remove upon request
          disabled or damaged vehicles; and

     4.   That the office of the company or owner is located within one-half (½) mile of City
          limits. (Ord. No. 812 §1, 11-6-06)



                         CHAPTER 240: FIREWORKS


SECTION 240.010:          DEFINITIONS

     Definitions as used in this Chapter:

     GROUND AND HAND-HELD SPARKLING DEVICES:

     1.             Wire sparkler, Dipped Stick:        Stick or wire coated with pyrotechnic
     composition that produces a shower of sparks upon ignition. Total pyrotechnic
     composition may not exceed one hundred (100) grams per item. Those devices
     containing any chlorate or perchlorate salts are not to exceed five (5) grams in total
     composition per item. Wire sparklers which contain no magnesium and which contain
     less than one hundred (100) grams of composition per item are not included in this
     category, in accordance with the regulations of the U.S. Department of Transportation.

2.              Cylindrical fountain: Cylindrical tube not exceeding three-quarter (3/4) inch
     in inside diameter containing up to seventy-five (75) grams of pyrotechnic composition.
     Fountains produce a shower of color and sparks upon ignition, and sometimes a
     whistling effect. Cylindrical fountains may contain a spike to be inserted in the ground
     (spike fountain), a wooden or plastic base to be placed on the ground (base fountain), or
     a wooden handle or cardboard handle for items designed to be hand-held (handle
     fountain).

3.             Cone fountain: Cardboard or heavy paper cone containing up to fifty (50)
     grams of pyrotechnic composition. The effect is the same as that of a cylindrical
     fountain.

4.              Illuminating torch: Cylindrical tube containing up to one hundred (100)
     grams of pyrotechnic composition. Upon igniting, colored fire is produced. These may
     be either spike, base, or handle type devices.

5.              Wheel: Pyrotechnic device attached to a post or tree be means of a nail or
     string. Wheel contains up to six (6) "driver" units; tubes not exceeding one-half (½)
     inch in inside diameter that may contain up to sixty (60) grams of composition per drive
     unit. Upon igniting, the wheel revolves, producing a shower of color and sparks and
     sometimes a whistling effect.

6.             Ground spinner: Small device similar to wheels in design and effect placed
     on the ground and ignited. A shower of sparks and color is produced by the rapidly
     spinning device.

7.             Flitter sparkler: Narrow paper tube filled with pyrotechnic composition that
     produces color and sparks upon ignition. These devices do not fuse for ignition. The
     paper at one (1) end of the tube is ignited to make the device function.

AERIAL DEVICES:

1.              Sky rocket: Sky rockets contain a wooden stick for guidance and stability and
     rise into the air upon ignition. A burst of color or noise or both is produced at the
     height of flight. Total propellant change alone may not be less than four (4) grams nor
     more than twenty (20) grams each in weight.

2.              Missile-type rocket: Device similar to sky rocket in size, composition, and
     effect that uses fins rather than a stick for guidance and stability.

3.              Helicopter, aerial spinner: A tube not exceeding one-half (½) inch in inside
     diameter that may contain up to twenty (20) grams of pyrotechnic composition. Some
     type of propeller or blade device is attached, and upon ignition the rapidly spinning
     device lifts into the air. A visible or blade effect is produced at the height of flight.
4.              Roman candle: Heavy paper of cardboard tube not exceeding three-eighths
     (3/8) inch in inside diameter that contains up to twenty (20) grams of pyrotechnic
     composition. Upon ignition up to ten (10) "stars" (pellets of pressed pyrotechnic
     composition that burn with bright color) are individually expelled at several second
     intervals.

5.             Mine-shell: Heavy cardboard or paper tube up to two and one-half (2 ½)
     inches in inside diameter with a wooden or plastic base attached, containing up to forty
     (40) grams of pyrotechnic composition. Upon ignition, "stars" (see "Roman Candle"),
     firecrackers (see "C. Ground and Audible Devices"), whistles, parachutes, or
     combinations of these effects are propelled into the air, with the tube remaining on the
     ground.

GROUND AND AUDIBLE DEVICES:

Firecrackers, Salute: Small paper-wrapped or cardboard tube that may not contain more
than fifty (50) mg. of pyrotechnic composition, noise, accompanied by a flash of light, is
produced upon ignition.

COMBINATION ITEMS: Firework devices containing combinations of two (2) or more of
the effects described in the preceding categories.

EXPLOSIVE COMPOSITION: A chemical or mixture of chemicals that produces an audible
effect by deflagration or detonation when ignited.

FIREWORKS: Any combustible or explosive composition, or any substance or combination
of substances, or article prepared for the purpose of producing a visible or an audible effect
by combustion, explosion, deflagration or detonation.

FIREWORKS STAND: A temporary structure used exclusively for the sale of fireworks and
related items.

NOVELTIES: Include the following devices:

1.             Snake, glow worm: Pressed pellet of pyrotechnic composition that produces a
     large, snake-like ash upon burning. The ash extends in length as the pellet burns.
     These devices may not contain mercuric thicyanate.

2.            Smoke device: Tube or sphere containing pyrotechnic composition that
     produces white or colored smoke upon ignition as the primary effect.

3.            Wire sparkler: Wire coated with pyrotechnic composition that produced a
     shower of sparks upon ignition. These items may not contain magnesium and must not

exceed one hundred (100) grams of composition per item. Devices containing any chlorate
or perchlorate salts may not exceed five (5) grams of composition per item.

PERMISSIBLE FIREWORKS: Those fireworks permissible for sale to and use by the
general public and described in this Chapter as:
   1.             Common fireworks,

   2.             Novelties, and

   3.             Trick noisemakers.

   PYROTECHNIC COMPOSITION: A mixture of chemicals that produces a visible or
   audible effect by combustion rather than deflagration or detonation. Pyrotechnic
   composition will not explode upon ignition unless severely confined.

   REGULATIONS:      The regulations heretofore issued by the Interstate Commerce
   Commission and published in 49 CFR Part 173.

   SPECIAL FIREWORKS: All articles of fireworks that are classified as Special Fireworks
   under Class B Explosives in the Regulations.

   TRICK NOISEMAKERS: Items that produce a small report intended to surprise the user.
   These devices include:

   1.            Party popper: Small plastic or paper items containing not in excess of sixteen
        (16) mg. of explosive composition that is friction sensitive. A string protruding from
        the device is pulled to ignite it. Expelling paper streamers and producing and small
        report.

   2.            Boobytrap: Small tube with string protruding from both ends, similar to party
        popper in design. The ends of the string are pulled to ignite the friction sensitive
        composition producing a small report.

   3.             Snapper: Small, paper-wrapped item containing a minute quantity of
        explosive composition coated on small bits of sand. When dropped, the device
        explodes.

   4.              Trick match: Kitchen or book match that has been coated with a small
        quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small
        report or a shower of sparks is produced.

   5.             Cigarette load: Small wooden peg that has been coated with a small quantity
        of explosive composition. Upon ignition of a cigarette containing one (1) of the pegs, a
        small report is produced.

   6.            Auto burglar alarm: Tube which contains pyrotechnic composition that
        produces a loud whistle or smoke when ignited. A small quantity of explosive, not
        exceeding fifty (50) mg. may also be used to ignite the device. (Ord. No. 241 §1, 11-7-
        88)

SECTION 240.020:        FIREWORKS─RESTRICTIONS ON USE

   Except as hereinafter provided, it shall be unlawful for any individual, firm, partnership,
   corporation, or association to possess for sale within the City of Scott City, sell or offer for
   sale at retail, or use, within the City of Scott City any fireworks other than permissible
   fireworks. (Ord. No. 241 §2, 11-7-88)
SECTION 240.030:           LICENSE REQUIRED

A.       Each dealer in fireworks, at wholesale or retail, before selling any article of fireworks,
     shall obtain from the City Collector a license to sell fireworks for each location at which
     fireworks are to be offered for sale. Each license shall bear the date of expiration on the face
     thereof, shall designate the location for which it is granted, shall not be transferable, and
     shall only be issued after inspection and approval of the premises by the Fire Inspector.
     Each license for a wholesale location shall be for a period of not more than one (1) year.
     Each license for a retail location shall be for a period commencing fifteen (15) days prior to
     the day of the historical anniversary or occasion for which the private display of fireworks is
     authorized.

B.       The City Collector shall not issue any license for the sale of fireworks, either at wholesale
     or retail, unless the applicant presents to the Collector evidence of the following:

     1.            That the applicant has procured all permits required of the applicant by the
          Missouri Division of Fire Safety for the sale of fireworks.

     2.             That the applicant has procured liability insurance in the minimum sum of
          fifty thousand dollars ($50,000.00) to protect applicant against claims for damages to
          property or injury to persons arising out of the operation of the retail or wholesale
          fireworks business for which a City license is requested.
          (Ord. No. 241 §3, 11-7-88; Ord. No. 646 §1, 12-6-99)


SECTION 240.040:           COMMON FIREWORKS NOMENCLATURE

     No article of common fireworks shall be sold or offered for sale at retail unless it shall be
     properly named to conform to the nomenclature in Section 240.010 hereof, and unless its
     classification as common fireworks is certified to by imprinting on the article or retail
     container "I.C.C. Class C Common Fireworks", such imprinting to be of sufficient size and
     so positioned as to be readily recognized.
     (Ord. No. 241 §4, 11-7-88)


SECTION 240.050:           SPECIAL FIREWORKS─PERMIT FOR PUBLIC DISPLAY

     The Fire Chief may issue a permit for a maximum period of twenty-four (24) consecutive
     hours for the possession and use of special fireworks for the purpose of organized public
     fireworks exhibitions, provided that the permit holder takes adequate safety precautions to
     protect the public from injury or property damage, and provided that the exhibition is
     conducted by skilled qualified persons.
     (Ord. No. 241 §5, 11-7-88)


SECTION 240.060:           SAFETY REQUIREMENTS

A.      No permissible fireworks may be sold at retail without a retail license. The license must
     be on display at the location where the retail sale takes place.
B.       No license shall be issued for any locations where paints, oils, or varnishes are
     manufactured or kept for use or sale, nor where resin, turpentine, gasoline, or other similar
     inflammable substances or any substance which may generate inflammable vapors is used,
     stored or offered for sale or where the Fire Inspector shall determine that any condition
     exists which makes the storage or sale of fireworks at such locations unusually hazardous.

C.      No fireworks shall be stored, kept, sold, or discharged within one hundred (100) feet of
     any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which
     gasoline or volatile liquids are sold in quantities in excess of one (1) gallon.

D.     Each license shall keep and maintain at least two (2), five (5) pounds each A.B.C. Dry
     Chemical fire extinguishers within a 2-A rating or over, mounted in plain view, per location.

E.      At all places where fireworks are sold or displayed, the words "No Smoking" must be
     posted in letters at least four (4) inches in height. Two (2) such signs shall be prominently
     displayed at each location.

F.      No fireworks shall be discharged within seventy-five (75) feet of any fireworks retail
     sales location.

G.      No fireworks shall be sold or discharged with three hundred (300) feet of any church,
     hospital or school building.

H.      It shall be unlawful to offer for sale or to sell any fireworks to children under the age of
     twelve (12) years or to any intoxicated or irresponsible person.

I.      No person shall expose fireworks in any location where the sun may shine through glass
     on the fireworks displayed, or permit the presence of lighted cigars, cigarettes or pipes on the
     premises where the fireworks are offered for sale.

J.       No person shall ignite or discharge any fireworks within or throw the same from a motor
     vehicle while within, nor shall any person place or throw any ignited article of fireworks into
     or at such a motor vehicle, or at or near any person or group of people.

K.      No fireworks shall be sold other than at a licensed fireworks stand. No fireworks stand
     shall be located within fifty (50) feet of any building.

L.      No person shall ignite or discharge any fireworks on property owned by the City, unless a
     special permit for a public fireworks display on City property is granted by the Fire Chief.

M.      It shall be unlawful to discharge fireworks from the roof or from inside any building.

N.      No person shall knowingly ignite or discharge any fireworks at or onto the property of
     another without first obtaining consent of the owner, lessee or occupant of such property.

O.      No bottle rockets may be sold, distributed or discharged within the City limits of Scott
     City after July 5, 2006. However, the prohibition of discharging bottle rockets shall not
     apply to City employees acting in the scope of their official duties.

P.      No "aerial devices", as defined in this Chapter, that utilize a straight and rigid stick of
     wood, plastic or other material attached to a propellant tube or driver to stabilize or direct
     flight may be sold, distributed, possessed or discharged within the City limits of Scott City,
     except as otherwise authorized in this Section. However, this prohibition shall not apply to
     public fireworks displays for which a permit has been issued pursuant to Section 240.030
     and Section 240.050 of the City Code. (Ord. No. 241 §6, 11-7-88; Ord. No. 805 §1, 7-5-06)


SECTION 240.070:          DATES AND HOURS OF SALE AND USE

A.      No fireworks shall be sold at retail to the general public except between the hours of 9:00
     A.M. and 9:00 P.M. each day commencing fifteen (15) days prior to the day of the historical
     anniversary or occasion for which the private display of fireworks is authorized. No person
     shall discharge, ignite, or explode any article of fireworks except between the hours of 6:00
     P.M. and 9:00 P.M. during the period commencing ten (10) days prior to the expiration of
     the time provided for the private display of fireworks and between the hours of 8:00 A.M. to
     Midnight of the day of the historical anniversary or occasion being celebrated.

B.      The above restrictions shall not apply to a public fireworks display, approved by the Fire
     Chief, on a national holiday (other than the 4th of July) or other special civic promotion.

C.      In the event there is a historical occasion or anniversary, such as the turn of the century,
     which is suitable for the private display of fireworks, the Mayor, after consultation with the
     Fire Chief and with the advice and consent of the City Council, may authorize the private
     display of fireworks, which said authorization shall be duly noted in the minutes of the City
     Council and shall specify the date and time said displays are authorized. The Clerk shall
     cause a notice to be published in a newspaper of general circulation in the City setting forth
     the date and times of the authorized display of fireworks and the Clerk shall further notify all
     persons who have purchased business licenses for the sale of fireworks with the City during
     the previous year of the occasion, date and time of authorized sale of fireworks. (Ord. No.
     241 §7, 11-7-88; Ord. No. 646 §§2─3, 12-6-99)


SECTION 240.080:          EXCLUSIONS

     Nothing in this chapter shall be construed as applying to toy paper caps containing not more
     than an average of twenty-five hundredths (25/100) of a grain of explosive composition per
     cap, and packed in conformance with the regulations, or as prohibiting the storage of special
     fireworks for public display as provided in Section 240.050. Nothing in this Chapter shall be
     construed as applying to the manufacture, storage, sale, or use of signals necessary for the
     safe operation of railroads or other classes of public or private transportation or of
     illuminating devices for photographic use, nor as applying to the military or naval forces of
     the United States, or of this State, or to Peace Officers, nor as prohibiting the sale or use of
     blank cartridges for ceremonial, theatrical or athletic events. (Ord. No. 241 §8, 11-7-88)


SECTION 240.090:          PENALTIES

     Violation of any of the provisions of this Chapter shall be punishable by a fine of not more
     than five hundred dollars ($500.00), or imprisonment for not more than sixty (60) days or
     both. Violation of any of the provisions of this Chapter in addition to a fine or imprisonment
     shall cause an immediate and automatic revocation of all licenses or permits issued pursuant
   to this Chapter, and the violator shall be prohibited from selling fireworks within the City for
   a period of two (2) years. Furthermore, any violation which involves the sale or use of
   "forbidden fireworks" shall cause an automatic forfeiture of that merchandise to the City.
   (Ord. No. 241 §9, 11-7-88)



                       CHAPTER 245: CURFEW


SECTION 245.010:        DEFINITIONS

   For the purposes of this Chapter, the following terms, phrases, words, and their derivations
   shall have the meaning given herein:

   CONSENT: Actual authorization by a parent or legal guardian or silent acquiescence by a
   parent or legal guardian having knowledge.

   EMANCIPATED MINOR: One whose parent or legal guardian has renounced his right to
   the care, custody, and earnings of said person.

   KNOWLEDGE: Need not be actual knowledge of the exact location of the minor in
   question, rather it may be imputed from the knowledge that the minor is not at home, that the
   minor has an ultimate destination, and that the minor may make a diversionary trip on his
   way to or from the ultimate destination.

   MINOR: Anyone under the age of seventeen (17) years. It does not include anyone under
   the age of seventeen (17) years who is legally married. An "emancipated minor" is not
   included in the term "minor".

   PUBLIC PLACE: Any bar, bowling alley, cafe, drive-in restaurant, drive-in theater, drug
   store, grocery store, hamburger stand, hotel, ice cream parlor, lobby, parking lot, pool room,
   restaurant, saloon, shopping center, supermarket, theater, or any place dedicated to
   amusement and entertainment, to which the public is invited, whether enclosed or out of
   doors, and which includes any accompanying parking lot or pedestrian walkway, or any
   appurtenance thereto which is used by the public.
   (CC §77.010)


SECTION 245.020:        CONSENT OF PARENT REQUIRED

   No minor shall be present in or on any public street, park, square, or any public place within
   the City between the hours of 11:00 P.M. and 5:00 A.M., except on Friday and Saturday
   nights between the hours of 12:00 P.M. and 5:00 A.M. without the knowledge and consent
   of a parent or legal guardian having the care and custody of said minor. (CC §77.020)


SECTION 245.030:        POLICE AUTHORIZED TO STOP MINORS

   It shall be the duty of the Police Department of this City to require identification from any
   person who loiters, idly remains, congregates, tarries or stays on public street, park, square
   or any public place within the City during the prescribed hours and whose actions,
   appearance, demeanor, or other fact within the knowledge of the Police Officer give rise to
   reasonable belief that the person stopped is a minor. Such identification shall include the
   person's name, age, home address, phone number, and if the person's home address is outside
   of this City, the address within the City at which he is staying (if any).

   1.             Should the person stopped and questioned not be a minor, he shall be allowed
        to proceed freely with no record made of the inquiry.

   2.             Should the person stopped and questioned be a minor, the Police Officer shall
        inquire of him whether the parent or legal guardian having care and custody of such
        minor has knowledge of, and has given consent to the presence of said minor in or on
        the public street, park, square or public place involved. (CC §77.030)


SECTION 245.040:        PROCEDURE IF NO PARENTAL CONSENT

   A response by the minor that a parent or legal guardian neither has knowledge nor has given
   consent to his presence in or on the public street, park, square, or public place in question,
   shall constitute grounds for the Officer to escort the minor in question to the address given,
   to inform the parent or legal guardian of the actions of the minor in question, and to inform
   the parent or legal guardian that he may be held responsible for the delinquency of the minor
   under Section 245.070 of this Chapter, should the minor later be brought before any Court of
   this City or State for delinquency or youthful offender proceedings. Should no parent or
   legal guardian be found at the address given, the procedure described in Section 245.060
   shall be followed. (CC §77.040)


SECTION 245.050:        CLAIM OF KNOWLEDGE AND CONSENT

   A response by the minor that a parent or legal guardian has knowledge of and/or has given
   consent to his presence in or on the public street, park, square, or public place in question
   shall constitute grounds to call the parent or legal guardian of the minor, at the phone
   number given, or at the phone number registered and listed with the phone company, for a
   corroborating statement by the parent or legal guardian.

   1.             Should the parent not corroborate the statement of the minor, or should no
        parent or legal guardian answer the phone, the Police Officer shall escort the minor
        home and shall follow the procedure outlined in Section 245.040.

   2.             Should the parent or legal guardian answering the phone corroborate the
        statement of the minor in question, the Police Officer shall inform the parent or legal
        guardian that continuous presence of a minor in or on the public streets, parks, squares,
        or other public places during the prescribed hours may constitute lack of proper
        supervision and care by the parent or legal guardian of said minor and may be
        considered evidence in proceedings for aiding in the delinquency of a minor, as
        prescribed in Section 245.070. The Police Officer shall then allow the child to continue
        on his way or shall escort the child home, as desired by the parent or legal guardian.
        (CC §77.050)
SECTION 245.060:          IF MINOR IS NON-RESIDENT

     Should the minor identify himself as a non-resident of the City, the Police Officer shall
     check to see if the minor has been found present in or on a public street, park, square, or
     other public place within the previous three (3) months.

     1.              If there is no record of the minor being found present in or on a public street,
          park, square, or other public place within the previous three (3) months, the Police
          Officer shall inform the minor in question of this Chapter and shall escort him to the
          place within the Municipal jurisdiction of the City at which he is staying. If the minor
          is a transient who intends to leave the City before the next morning, the minor shall be
          detained and the parent or legal guardian of that minor shall be informed that the minor
          will be detained if desired until the parent or legal guardian, or the designee of the
          parent or legal guardian, arrives to claim said minor. If the parent or legal guardian of
          the transient minor so requests, the Police Officer shall release the minor and escort him
          out of the corporate limits of this City.

     2.             If the non-resident minor has been found present in or on a public street, park,
          square, or other public place within the previous three (3) months, the Officer shall
          follow the procedure for transient minors, as found in Subsection (1) of this Section,
          except that the minor shall not be released until claimed by a parent or legal guardian or
          the designee of the parent or legal guardian. (CC §77.060)


SECTION 245.070:          RESPONSIBILITY OF PARENT

A.       No parent or legal guardian having the care and custody of a minor shall fail to properly
     supervise and care for such child and such failure of supervision or care shall cause the child
     to be brought before the Juvenile Court of the State or any other Court of the City or State,
     for delinquency or youthful offender proceedings.

B.      Continuous presence by a minor during the prescribed hours in or on the public streets,
     parks, squares, or other public place shall constitute prima face evidence of failure by the
     parent or legal guardian to properly supervise said minor and shall be considered a cause of
     the delinquency or offense committed. (CC §77.070)




                         CHAPTER 250: SOLID WASTE


SECTION 250.010:          DEFINITIONS

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

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

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

CITY: The City of Scott City, Missouri, or, in the event the City contracts for the collection
and disposal of solid waste, the contractor.

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

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

DIRECTOR: Director of Public Works or, with the Director's permission, the authorized
agent for the contractor removing solid waste.

DISPOSABLE SOLID WASTE CONTAINER: Carts or other receptacle as may be provided
by the contractor.

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

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

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

MULTIPLE HOUSING FACILITY:              A housing facility containing more than one (1)
dwelling unit under one (1) roof.

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

PERSON: Any individual, partnership, 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.

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

RECYCLING MATERIAL: Tin cans, aluminum cans, aluminum foil, other aluminum,
newspapers, other paper products and cardboard materials.

REFUSE: Solid waste.

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.

     1.             Commercial solid waste: Solid waste resulting from the operation of any
          commercial (excluding mobile home parks), industrial, institutional or agricultural
          establishment, and multiple housing facilities with more than two (2) dwelling units.

     2.             Residential solid waste: Solid waste resulting from the maintenance and
          operations of dwelling units, excluding multiple housing facilities with more than two
          (2) dwelling units.

     SOLID WASTE CONTAINER: Carts or receptacles supplied by the contractor used by
     persons to store solid waste during intervals between solid waste collections.

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

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

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

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

     YARD WASTES: Grass clippings, leaves, tree trimmings. (Ord. No. 210 §1, 8-3-87; Ord.
     No. 687 §1, 7-2-01; Ord. No. 713 §1, 12-16-02)


SECTION 250.020:          SOLID WASTE STORAGE

A.       The owner of every dwelling unit and of every institutional, commercial or business,
     industrial or agricultural establishment producing solid waste within the corporate limits of
     the City shall receive and use carts or receptacles provided by the contractor for the storage
     of all solid waste, except bulky rubbish and demolition and construction waste, to serve each
     such dwelling unit and/or establishment and to maintain said solid waste carts or receptacles
     at all time and in good repair.

B.       The occupant of every dwelling unit and of every institutional, 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 clean, neat and sanitary condition at all
     times.

C.      Residential solid waste shall be stored in carts or receptacles provided by the contractor
     and shall contain such leakproof, waterproof and fly-tight lids as may be provided by the
     contractor.
D.      Commercial solid waste shall be stored in solid waste containers as approved by the
     Director. The containers shall be waterproof, leakproof and shall be covered at all times
     except when depositing waste therein or removing the contents thereof; and shall meet all
     requirements as set forth by Section 250.070.

E.       The contractor may refuse to pick up any solid waste placed outside a residence which is
     not contained in a cart or container provided by the contractor as set forth in Subsection (C)
     of this Section. In the event the solid waste for a single pickup exceeds the amount which
     may be placed in the cart or container, the excess solid waste may be disposed of as follows:

     1.    The person with the excess solid waste may rent a dumpster on a temporary basis from
           the contractor for the pickup of the excess solid waste.

     2.    The excess solid waste may be hauled to a sanitary landfill or transported to a transfer
           station by the person who accumulated the excess solid waste or by a third party with
           whom he contracts.

     3.    Said solid waste may otherwise by disposed of by the owner in a manner not prohibited
           by Federal, State or municipal law.

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. (Ord. No. 210 §2, 8-3-87; Ord. No. 312 §1, 8-6-90; Ord. No. 366
     §1, 3-2-92; Ord. No. 713 §2, 12-16-02)


SECTION 250.030:            COLLECTION OF SOLID WASTE

A.        The City shall provide for the collection of solid waste as follows.

     1.               Collection of residential solid waste. The City shall provide for the collection
           of all residential solid waste in the City.

     2.    Other collections. It shall be the duty of each establishment to provide for collection of
           all commercial solid waste produced upon any such premises in a manner approved by
           the City.

     3.    Collection of residential recycling materials. The City shall provide for the collection
           of materials able to be recycled in the City.

B.      All solid waste and bulky rubbish from premises to which collection of services are
     provided by the City shall be collected and all solid waste collected shall, upon being loaded
     into transportation equipment, become the property of the contractor, or if there is no
     contractor, the property of the City.

C.      Tree limbs and yard waste as described in Sections 250.020 (E) and (F) respectively,
     shall be placed at the curb for collection. Solid waste containers as required by this Chapter
     for the storage of other residential solid waste shall be placed at the curb for collection.
     Recycling materials shall be segregated into separate bins, bags or boxes into tins,
     aluminum, papers or cardboard, after being so segregated shall be placed in bins, plastic bags
     or cardboard boxes at the curb for collection. Any solid waste containers, tree limbs, yard
     waste, recycling or other solid waste permitted by this Chapter to be placed at the curb for
     collection shall not be so placed until the regularly scheduled collection day or the evening
     immediately before. It shall be the duty of the Director to give adequate notice to all persons
     placing solid waste and/or recycling materials at the curb for collection of the time of day the
     solid waste and/or recycling materials are to be collected.

D.        Bulky rubbish shall be collected as provided in Section 250.035.

E.       The City is hereby authorized to enter upon private property for the purpose of collecting
     solid waste therefrom as required by this Chapter. City 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 agreement by the owner and the City.

F.      The following collection frequencies shall apply to the collections of solid waste and
     recycling materials within the City:

     All residential solid waste, other than bulky rubbish, shall be collected on a regular basis
     once per week. All residential recycling materials shall be collected on a regular basis once
     per week. All commercial solid waste shall be collected at such intervals as agreed upon by
     the owner and the City provided that such collections shall be at such intervals 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. (Ord. No. 210 §3, 8-3-87; Ord. No.
     312 §2, 8-6-90; Ord. No. 380 §1, 11-2-92; Ord. No. 687 §§2—4, 7-2-01; Ord. No. 713 §3,
     12-16-02)


SECTION 250.035:           BULKY RUBBISH COLLECTION

A.      Definitions. For the purposes of this Section, the following terms shall be deemed to
     have the meaning indicated below:

     BULKY RUBBISH: Non-putrescible (decaying) solid wastes consisting of combustible
     and/or non-combustible waste materials from dwelling units, which are either too large or
     too heavy to be safely and conveniently loaded in solid waste transportation vehicles by
     solid waste collectors. Bulky rubbish shall include the following:

     1.    White goods: Unwanted or discarded appliances including stove, ice box, washing
           machines, dryers, hot water heaters, dishwasher and other appliances used in a dwelling
           unit.

     2.    Dwelling unit furniture including: Couch, table, recliner, set of four (4) non-reclining
           chairs, bed, mattress, box springs, end table, dresser, chest of drawers, television or
           other residential furniture.

     3.    Tree limbs or bundles of branches.

     4.    Reserved.

     DWELLING UNIT: Any structure enclosing any room or group of rooms forming a single
     one (1) family dwelling, with facilities used that are intended for living, sleeping, cooking
     and eating.

B.        Collection Of Bulky Rubbish.

     1.    Collection of bulky rubbish─other than storm damage. The City's Public Works
           Director shall provide for the collection of bulky rubbish for dwelling units within the
           City. Bulky rubbish shall be delivered by City residents to a City designated site upon
           application and paid service charge. The City Council may also proclaim certain
           months to be set as "bulky rubbish months" each year. The Council may also set a
           service charge for bulky items during these months at their discretion, if they so choose
           a service charge to be different than set out hereafter.

           Ward 1: The first (1st) full week of April and October.

           Ward 2: The first (1st) full week of April and October.

           Ward 3: The first (1st) full week of April and October.

           Ward 4: The first (1st) full week of April and October.

     2.    Collection of bulky rubbish caused by storm damage. Following a storm which causes
           tree damage along alley or street easements, the City shall provide assistance in the
           removal of damaged trees and limbs. However, any resident requesting the City's
           assistance shall notify the City's Public Works Director of the damage within two (2)
           weeks after the storm. All tree limbs and branches shall be cut by the resident to
           manageable lengths to six (6) feet or less.

C.        Application And Service Charge.

     1.    Any resident requesting bulky rubbish removal shall make written application on a form
           prescribed by the City with the City Billing Clerk, at least one (1) working day prior to
           collection at said residence or delivery by the residents to the public works building.
           Said written application shall set forth each item requested to be removed and whether
           the resident is requesting curb side pickup or will deliver the rubbish to the public
           works building. Upon payment to the City Billing Clerk of the service charges for curb
           side removal as hereinafter provided, the Billing Clerk shall advise the resident and the
           Public Works Director of the date scheduled for removal of the resident's bulky rubbish.
           Upon payment by resident who will deliver bulky rubbish to the public works building,
           the City Billing Clerk shall provide said resident with a receipt to be delivered to the
           Pubic Works Director or his employee upon delivery of the bulky rubbish to the public
           works building.
     2.    Each resident desiring removal of bulky rubbish from curb side by the Public Works
Director shall pay, at the time of application, a fee of fifteen dollars ($15.00) per item on white
goods and dwelling unit furniture.

     3.   Each resident desiring to transport bulky rubbish to the Public Works Department shall
          pay, at the time of application, a fee of ten dollars ($10.00) per item on white goods.
          Demolition, remodeling or new construction debris will not be accepted as bulky
          rubbish. Public Works Department employees shall refuse to accept delivery of bulky
          rubbish unless the person delivers the receipt given to them by the Billing Clerk at City
          Hall. There shall be no charge for the removal of tree limbs and brush; however, a
          receipt from the Billing Clerk is still required.

D.       Regulations Concerning Removal. On the date notified by the City Billing Clerk, the
     resident requesting the removal of bulky rubbish shall send all items to be removed by the
     City at the dwelling unit's curb or the resident will deliver the bulky rubbish to the public
     works building upon obtaining appropriate permits from the City Billing Clerk.

     1.   All tree limbs and brush requested for removal must be less than four (4) inches in
          diameter. All brush requested for removal shall be securely tied in bundles no larger
          than forty-eight (48) inches long by eighteen (18) inches in diameter and the weight for
          any individual bundle shall not exceed seventy-five (75) pounds. A permit is required,
          but no fee shall be charged.

     2.   No dwelling unit shall place curb side more than four (4) items of bulky rubbish.

     3.   Except as hereafter provided, each white good and item of furniture shall be considered
          as one (1) item for the purpose of this Section. However, a set of four (4) folding or
          non-reclinable chairs shall be included as one (1) item of bulky rubbish.

     4.   No white goods or other appliances containing coolant or gas systems shall be placed
          curb side for pickup by the Public Works Department, unless the resident removes from
          said appliance all compressors and coils and drains the freon therefrom.

     5.   No bulky rubbish shall be placed curb side, unless said rubbish came from the dwelling
          unit immediately adjoining the curb. Any person who places his/her bulky rubbish
          along the curb of premises, other than his own, shall be guilty of littering under Chapter
          255 of the City Code.

     6.   The Public Works Department shall not pickup any bulky rubbish item placed curb
          side, unless the resident has complied with all requirements of this Section.

     7.   The Public Works Department shall not accept any tree trunks, branches or limbs
          delivered by commercial tree service or an agent or straw party for a commercial tree
          service. (Ord. No. 380 §2, 11-2-92; Ord. No. 687 §§5—6, 7-2-01; Ord. No. 761 §1, 7-
          6-04; Ord. No. 798 §§1─4, 2-6-06; Ord. No. 811 §§2─3, 10-2-06)


SECTION 250.040:          TRANSPORTATION OF SOLID WASTE

A.      All transportation vehicles shall be maintained in a safe, clean and sanitary condition, and
     shall be so constructed, maintained and operated as to prevent spillage of solid waste
     therefrom. All vehicles to be used for transportation of solid waste shall be constructed
     with watertight bodies and with covers which shall be an integral part of the vehicle or shall be
     a separate cover of suitable material with fasteners designed to secure all sides of the cover to
     the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an
     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
      materials 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 250.050 and 250.060. (Ord. No. 210 §3, 8-3-87)


SECTION 250.050:            DISPOSAL OF SOLID WASTE

A.        Solid wastes shall be deposited at a processing facility or disposal area complying with
      all requirements of the Missouri Division of Health.

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. (Ord. No. 210 §4, 8-3-87)


SECTION 250.060:            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, otherwise than pursuant to a
      written contract duly approved by the City and containing such terms, conditions and
      provisions to comply with and implement this Chapter.

B.       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 with the City. No inspection shall be made in any residential unit unless
      authorized by the occupant or by due process of law. (Ord. No. 210 §6, 8-3-87)


SECTION 250.070:            RULES AND REGULATIONS

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

      1.             Preparation, drainage, and wrapping of garbage deposited in solid waste
           containers.

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

      3.   Identification of solid waste containers and of the covers thereof, and of equipment
           thereto appertaining, if any.
     4.             Weight limitations on the combined weight of solid waste containers and the
          contents thereof, and weight and size limitations on bundles of solid waste too large for
          solid waste containers.

     5.             Storage of solid waste in solid waste containers.

     6.             Sanitation, maintenance and replacement of solid waste containers.

     7.             Collection points of solid waste containers.

     8.             Collection, transportation, processing and disposal of solid waste.

     9.             Handling of special wastes such as toxic wastes, sludges, 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/or disposal service charges, as 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. (Ord. No. 210 §7, 8-3-87)


SECTION 250.080:           PROHIBITED PRACTICES

     It shall be unlawful for any person to:

     1.             Deposit solid 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;

     2.           Interfere in any manner with solid waste collection and transportation
          equipment, or with solid waste collectors in the lawful performance of their duties as
          such;

     3.             Burn solid waste, except as provided in Section 250.085;

     4.            Dispose of solid waste at any facility or location which is not approved by the
          Missouri Division of Health;

     5.             Engage in the business of collecting, transporting, processing or disposing of
          solid waste within the corporate limits of the City without a written contract from the
          City.

     6.   It shall be unlawful for any person to place recycling materials in any containers other
          than a bin, bag or box containing one (1) category of recycling materials, being either
          tins, aluminum products, papers or cardboard, except nothing contained in this Section
          shall prohibit a person from placing recycling material in a solid waste container with
          other solid waste. (Ord. No. 210 §8, 8-3-87; Ord. No. 624 §1, 3-1-99; Ord. No. 687 §7,
          7-2-01)


SECTION 250.085:          RESERVED

               Editor's Note─Ord. no. 726 adopted May 19, 2003 superseded this section 250.085
                    "Burning of refuse prohibited─exceptions", which derived from ord. no. 624
                    §2, 3-1-99. New provisions on the same subject have been set out in Section
                    205.170 of this code.


SECTION 250.090:          SERVICE CHARGES

A.      There is hereby imposed, for the collection and disposal of solid waste and/or recycling
     materials for the improvement of the general public health and environment, a service charge
     for each dwelling unit to which such service shall be provided under the provisions of this
     Chapter. The service charge for collection of solid waste shall be as follows:

     1.             Residential solid waste and/or recycling materials within the corporate limits
          of the City shall be nine dollars ($9.00) per calendar month.

     2.              For households outside the corporate limits, which contract with the City for
          the disposal of their solid waste and/or recycling materials, ten dollars ($10.00) per
          calendar month, plus an additional one dollar ($1.00) per mile traveled outside the City
          limits by the City solid waste and/or recycling materials collectors to and from the
          household unit. However, the City may refuse to provide collection services to
          households outside the City limits if the travel distance to said households, in the
          opinion of the Director, would interfere with the City's ability to service its own
          residents.

     3.   The monthly service charge for each commercial establishment, which contracts with
          the City for collection and disposal of solid waste and/or recycling materials, shall be as
          follows:

          a.   For commercial units with six (6) yard dumpsters, one hundred dollars ($100.00)
               per month for one (1) pickup per week plus an additional twenty-five dollars
               ($25.00) for each extra weekly pickup.

          b.   For commercial units with four (4) yard dumpsters, seventy dollars ($70.00) per
               month for one (1) pickup per week plus an additional seventeen dollars fifty cents
               ($17.50) for each extra weekly pickup.

          c.   For commercial units with two (2) yard dumpsters, forty dollars ($40.00) per
               month for one (1) pickup per week plus an additional ten dollars ($10.00) for each
               extra weekly pickup.

B.      The service and service charge shall be terminated upon presentation of satisfactory proof
     to the Director that any such dwelling unit or establishment is unoccupied, and shall be
     commenced upon renewed occupancy thereof.
C.      The system of services established by the provisions of this Chapter hereof is designed as
     an integral part of the City's program of health and sanitation, to be operated as an
     adjunct to the City's system for providing potable water and the City's system for providing
     sewerage disposal. The City may enforce collection of such charges by bringing proper
     legal action against the occupant of any premises which has received such services, to
     recover any sums due for such services plus a reasonable attorney's fee to be fixed by the
     Court, plus the cost of such action.

D.      The service charge herein provided for is hereby imposed upon the occupant of each
     occupied dwelling unit and the billing therefor shall be made to the person contracting for
     City water and/or sewerage service or for other water service or otherwise providing water
     service to each such dwelling unit. In the event a dwelling unit is not serviced by City water
     and/or sewerage service, billing therefor shall be made to the owner. Service charges shall
     be payable to the department empowered to collect service charges imposed by the City.

E.      The adjustments to the service charges set forth in Section 250.020 of this Chapter shall
     not effect any party who presently has a valid contract with the City for the collection and
     disposal of solid waste, until the expiration of the term of said contract.

F.      In the event fuel charges incurred by the City in the operation of its solid waste program
     increase by ten percent (10%) or more, the City shall add an additional surcharge to its solid
     waste customers. The surcharge shall be twelve percent (12%) of the percentage increase of
     the City's fuel charges. The surcharge shall be removed upon the City's actual fuel prices
     dropping by ten percent (10%) from the time the surcharge was imposed. (Ord. No. 230
     §§2─3, 7-25-88; Ord. No. 267 §2, 7-3-89; Ord. No. 664 §2, 9-5-00; Ord. No. 687 §8, 7-2-01;
     Ord. No. 832 §§1─2, 12-17-07)

SECTION 250.100:          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 one hundred dollars ($100.00); provided, that each day's
     violation thereof shall be a separate offense for the purpose hereof. (Ord. No. 210 §10, 8-3-
     87)


SECTION 250.110:          TRASH SERVICE TO NON-RESIDENTS

     All non-residents who reside within one-half (½) mile of the City of Scott City, Missouri,
     who wish to receive City trash service for residential refuse only, shall be offered City trash
     service upon signing a written contract with the City for said services. Such contract forms
     shall be on file in the City Clerk's office. (Ord. No. 372 §1, 7-6-92)
                         CHAPTER 255: LITTER


SECTION 255.010:          LITTER IN PUBLIC PLACES

     No person shall throw or deposit litter in or upon any street, sidewalk or other public place
     within the City except in public receptacles or authorized private receptacles. (CC §64.010)


SECTION 255.020:          MANNER OF DEPOSITING LITTER

     Persons placing litter in public receptacles or in authorized private receptacles shall do so in
     such a 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. (CC §64.020)


SECTION 255.030:          SWEEPING LITTER INTO PUBLIC PLACES

A.      No person shall sweep into or deposit in any gutter, street or other public place within the
     City the accumulation of litter from any building or lot or from any public or private
     sidewalk or driveway.

B.      Within the meaning of this Section, the word "litter" shall include, without excluding
     other substances, fallen leaves, cut weeds, grass clippings, branches and twigs that may
     accumulate on any building, lot or premises. (CC §64.030)


SECTION 255.040:          SIDEWALKS TO BE KEPT FREE OF LITTER

     Persons owning or occupying property shall keep the sidewalk in front of their premises free
     of litter. Persons owning or occupying places of business within the City shall keep the front
     of their business premises free of litter. (CC §64.050)


SECTION 255.050:          LITTERING BY PERSONS IN VEHICLES

A.       No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any
     street or other public place within the City, or upon private property.

B.       No driver of any vehicle shall allow any passenger in that vehicle to throw or deposit
     litter upon any street or other public place within the City, or upon private property. (CC
     §64.060)

SECTION 255.060:          TRANSPORTATION OF LITTER

     No person shall drive or move any truck or other vehicle hauling or transporting 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. (CC §64.070)
SECTION 255.070:        LITTERING ON ANY PRIVATE PREMISES

   No person shall throw or deposit litter on any private property within the City, whether
   owned by such person or not, except that the owner or person in control of private property
   may maintain authorized private receptacles for collection in such a manner that 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. (CC §64.080)


                      CHAPTER 260:                       SALE OR DISTRIBUTION OF
        TOBACCO PRODUCTS


SECTION 260.010:        DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS-
                       -PROHIBITED

   No person shall sell or distribute any tobacco product or rolling papers to any minor, except
   that this Section shall not apply to the distribution by family members on property that is not
   open to the public. (Ord. No. 386 §1, 10-5-92)


SECTION 260.020:        SIGN TO BE DISPLAYED

   The owner of an establishment at which tobacco products or rolling papers are sold at retail
   or through vending machines shall cause to be prominently displayed in a conspicuous place
   at every display from which tobacco products are sold and on every vending machine where
   tobacco products are purchased, a sign, that shall:

   1.   Contain in red lettering at least one-half (½) inch high on a white background the
        following: "It is a violation of State law for cigarettes or other tobacco products to be
        sold to any person under the age of eighteen (18); and

   2.   Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red
        diagonal diameter of a surrounding red circle, and the words "Under 18".
        (Ord. No. 386 §2, 10-5-92)


SECTION 260.030:        EVIDENCE OF AGE TO BE REQUIRED

   A person selling tobacco products or rolling papers or distributing tobacco product samples
   shall require proof of age from a prospective purchaser or recipient if any ordinary person
   would conclude on the basis of appearance that such prospective purchaser or recipient may
   be under the age of eighteen (18). Reasonable reliance on proof of age or on the appearance
   of the purchaser or recipient shall be a defense to any action for a violation of this Chapter.
   (Ord. No. 386 §3, 10-5-92)


SECTION 260.040:        EMPLOYEE LIABILITY

   If a sale is made by an employee of the owner shall be guilty of an offense established in
     Section 260.010 of this Chapter. If a vending machine is in violation of the sign required by
     Section 260.020 of this Chapter, the owner of the establishment shall be guilty of an offense
     under this Chapter. If a sample is distributed by an employee of a company conducting the
     sampling, such employee shall be guilty of an offense under this Chapter.
     (Ord. No. 386 §4, 10-5-92)


SECTION 260.050:          PENALTY

     Any person who violates this Chapter shall be fined:

     1.             For the first offense         $25.00

     2.   For the second offense        $100.00

     3.            For a third offense and subsequent offense               250.00
          (Ord. No. 386 §5, 10-5-92)


SECTION 260.060:          ONE VIOLATION EACH DAY

No person shall be liable for more than one (1) violation of this Chapter on any single day. (Ord.
No. 386 §6, 10-5-92) line is defined and used in this document

                                                   TITLE III. TRAFFIC CODE


                                                   CHAPTER 300: GENERAL PROVISIONS


                          ARTICLE I. GENERALLY

               Cross Reference─Assessment of points, also see §150.135 of this Code.


SECTION 300.010:          MODEL TRAFFIC CODE─ADOPTION AND EXCEPTIONS

A.      Chapter 300, consisting of Sections 300.010 through 300.600, RSMo., as amended,
     commonly known as the "Model Traffic Code", is hereby adopted as and for the traffic
     ordinance of this City with like effect as if recited at length herein.

B.      Chapter 304 of the Missouri Statutes, consisting of Sections 304.010 through 304.570,
     which sets forth State traffic regulations, is hereby adopted as and for an ordinance of this
     City with like effect as if recited at length herein.

C.      Sections 307.010 through 307.198, RSMo., as amended which deals with vehicle and
     light regulations are hereby adopted as and for an ordinance of this City with like effect as if
     recited at length herein. (Ord. No. 218 §2, 1-4-88)
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 (50) inches or less in width, with an unladen dry weight of six
   hundred (600) pounds or less, traveling on three (3), four (4) or more low pressure tires,
   with a seat designed to be straddled by the operator, and handlebars for steering control;

   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, banks, 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:

   1.             That part of a roadway at an intersection included within the connections of
        the lateral lines of the sidewalks on opposite sides of the highway measured from the
        curbs, or in the absence of curbs from the edges of the traversable roadway;

   2.            Any portion of a roadway at an intersection or elsewhere distinctly indicated
        for pedestrian crossing by 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;

   FREIGHT CURB LOADING ZONE: A space adjacent to a curb for the exclusive use of
   vehicles during the loading or unloading of freight (or passengers);
HIGHWAY: The entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel;

INTERSECTION:

1.              The area embraced within the prolongation or connection of the lateral curb
     lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways
     which join one another at, or approximately at, right angles, or the area within which
     vehicles traveling upon different highways joining at any other angle may come in
     conflict;

2.             Where a highway includes two (2) roadways thirty (30) feet or more apart,
     then every crossing of each roadway of such divided highway by an intersecting
     highway shall be regarded as a separate intersection. In the event such intersecting
     highway also includes two (2) roadways thirty (30) feet or more apart, then every
     crossing of two (2) roadways of such highways shall be regarded as a separate
     intersection;

LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes
for vehicular traffic;

MOTOR VEHICLE: Any self-propelled vehicle not operated exclusively upon tracks, except
farm tractors and motorized bicycles;

MOTORCYCLE: Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the ground, but
excluding a tractor;

MOTORIZED BICYCLE: Any two-wheeled or three-wheeled device having an automatic
transmission and a motor with a cylinder capacity of not more than fifty (50) cubic
centimeters, which produces less than three (3) gross brake horsepower, and is capable of
propelling the device at a maximum speed of not more than thirty (30) miles per hour on
level ground;

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, copartnership, 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.

RAILROAD: A carrier of persons or property upon cars, other than streetcars, operated
upon stationary rails;

RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars coupled
thereto, operated upon rails, except streetcars;

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 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: Any mechanical device on wheels, designed primarily for use, or used, on
   highways, except motorized bicycles, vehicles propelled or drawn by horses or human
   power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized
   wheelchairs operated by handicapped persons.
   (Ord. No. 218 §2, 1-4-88; RSMo. §300.010)

SECTION 300.030:        DRIVER'S LICENSE REQUIRED

   No person shall operate any motor driven vehicle on the streets of Scott City, Missouri,
   unless such person has first procured an operator's permit or a chauffeur's permit from the
   State of Missouri. (CC §76.210)


SECTION 300.035:        LICENSE PLATES REQUIRED

   No motor vehicle or trailer shall be operated on any highway of this City unless it shall have
   displayed thereon the license plate or set of license plates issued by the Director of Revenue
   and authorized by Section 301.140, RSMo. Each such plate shall be securely fastened to the
   motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably
   clean so that the reflective qualities thereof are not impaired. License plates shall be
   fastened to all motor vehicles except, trucks, tractors, truck-tractors, or truck-tractors
   licensed in excess of twelve thousand (12,000) pounds on the front and rear of such vehicles
   not less than eight (8) nor more than forty-eight (48) inches above the ground, with the
   letters and numbers thereon right side up. The license plates on trailers, motorcycles,
   motortricycles and motorscooters shall be displayed on the rear of such vehicles, with the
   letters and numbers thereon right side up. The license plate on buses, other than school
   buses, and on trucks, tractors, truck-tractors, or truck-tractors licensed in excess of twelve
   thousand (12,000) pounds shall be displayed on the front of such vehicles not less than eight
   (8) nor more than forty-eight (48) inches above the ground, with the letters and numbers
   thereon right side up, or if two (2) plates are issued for the vehicle pursuant to Subsection
   (5), Section 301.130, RSMo., displayed in the same manner on the front and rear of such
   vehicles. The license plate or plates authorized by Section 301.140, RSMo., when properly
   attached, shall be prima facie evidence that the required fees have been paid. (Ord. No. 546
   §1, 2-18-97)
SECTION 300.040:           DRIVING WITH REVOKED OR SUSPENDED LICENSE

A.       It is unlawful for any person whose operator's or chauffeur's license or driving privilege
     as a resident or non-resident has been canceled, suspended, or revoked under the provisions
     of the Missouri State Statutes, to drive any motor vehicle upon a public thoroughfare of this
     City while such license and privilege is canceled, suspended, or revoked, and before an
     official reinstatement notice or termination notice is issued by the Director of Revenue of the
     State of Missouri.

B.      Any person who violates Subsection (A) of this Section shall, upon conviction, be
     punished by a fine of not less than five dollars ($5.00), nor more than five hundred dollars
     ($500.00), or by imprisonment in the City Jail not less than one (1) day nor more than thirty
     (30) days, or by both such fine and imprisonment.
     (Ord. No. 214 §§1-2, 10-5-87)


SECTION 300.050:           FINANCIAL RESPONSIBILITY REQUIRED

A.      No person shall operate a motor vehicle registered in this State, whether owned by such
     operator or by another, upon the streets, alleys or highways of this City, unless such
     operator, or the owner of the vehicle, maintains financial responsibility which covers the
     operation of that vehicle by such operator.

B.       For the purpose of this Section, the term "financial responsibility" shall mean the ability
     to respond in damages for liability occurring after the effective date of proof of such
     financial responsibility, arising out of the ownership, maintenance or use of a motor vehicle,
     in the amount twenty-five thousand dollars ($25,000.00) because of bodily injury to or death
     of one (1) person in any one (1) accident and, subject to said limit for one (1) person, in the
     amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2)
     or more persons in any one (1) accident and in the amount of ten thousand dollars
     ($10,000.00) because of injury to or destruction of property of others in any one (1)
     accident.

C.        Proof of financial responsibility may be shown by any of the following:

     1.               An insurance identification card issued by a motor vehicle insurer or by the
           Director of Revenue of the State of Missouri for self-insurance, as provided by Section
           303.024, RSMo. A motor vehicle insurance policy, a motor vehicle liability insurance
           binder, or receipt which contains the name and address of the insurer, the name and
           address of the named insured, the policy number, the effective dates of the policy and a
           description by year and make of the vehicle, or at least five (5) digits of the vehicle
           identification number or the word "fleet" if the insurance policy covers five (5) or more
           motor vehicles, shall be satisfactory evidence of insurance in lieu of an insurance
           identification card.

     2.              A certificate of the State Treasurer of Missouri of a cash deposit as provided
           by Section 303.240, RSMo.

     3.             A surety bond filed with the Director of Revenue of the State of Missouri as
           provided by Section 303.230, RSMo.
D.       Proof of financial responsibility shall be carried at all times in the insured motor vehicle
     or by the operator of the motor vehicle if the proof of financial responsibility is effective as
     to the operator rather than to the vehicle. The operator of the motor vehicle shall exhibit the
     proof of financial responsibility on the demand of any Police Officer who lawfully stops such
     operator while that officer is engaged in the performance of the duties of his office.

E.       Failure of any person who operates a motor vehicle on the streets, alleys or highways of
     this City to exhibit proof of financial responsibility on the demand of any Police Officer, who
     lawfully stops such person shall be prima facie evidence that such person, or that the owner
     of the vehicle, does not maintain financial responsibility as required by this Section. It shall
     be an absolute affirmative defense to a violation charged under Subsection (A) of this
     Section that the operator of a motor vehicle, or the owner of the vehicle, did maintain
     financial responsibility which covered operation of the vehicle by such operator on the date
     of the violation. It shall be a mitigating circumstance to a violation charged under
     Subsection (A) of this Section that the operator, subsequent to the date of the offense, and
     prior to a trial or guilty plea, obtained and maintained financial responsibility which covers
     operation of motor vehicles by such operator.

F.      No person shall display evidence of insurance to a Law Enforcement Officer knowing
     there is no valid liability insurance in effect on the motor vehicle as required pursuant to
     State law, or knowing the evidence of insurance is illegally altered, counterfeit or otherwise
     invalid as evidence of insurance.

G.      No person knowingly shall make, sell or otherwise make available an invalid or
     counterfeit insurance card.

H.      Any owner or operator who violates any provisions of the Section shall be guilty of a
     misdemeanor. (Ord. No. 396 §2, 3-1-93; Ord. No. 654 §§1─3, 2-25-00)


SECTION 300.055:          CHILD RESTRAINT SYSTEM

     Every person transporting a child under the age of four (4) years shall be responsible, when
     transporting such child in a motor vehicle operated by that person on the streets of Scott
     City, to provide for the protection of such child. Such child shall be protected by a child
     passenger restraint system approved by the Department of Public Safety of the State of
     Missouri. However, the provisions of this Section shall not apply to any public carrier for
     hire. (Ord. No. 495 §1, 9-5-95)


                         ARTICLE II. RESERVED


               Editor's Note─Ord. no. 764 §1, adopted September 7, 2004, repealed article II and
                    sections 300.060─300.070, dealing with "city stickers", in their entirety.
                    Former article II and sections 300.060─300.070 derived from CC §76.220;
                    ord. no. 39 §§1─9, 10-20-80; ord. no. 381 §§1─2, 9-21-92. At the editor's
                    discretion, this article has been left reserved for the city's future use.
                         CHAPTER 305: TRAFFIC ADMINISTRATION


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.
     218 §2, 1-4-88; 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 Traffic Engineer and other Officers of
     the City 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. 218 §2, 1-4-88; RSMo. §300.020)


SECTION 305.030:           RECORDS OF TRAFFIC VIOLATIONS

A.       The Police Department or the Traffic Division thereof 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. 218 §2, 1-4-88; RSMo. §300.025)


SECTION 305.040:           TRAFFIC DIVISION TO INVESTIGATE ACCIDENTS

     It shall be the duty of the Traffic Division, assisted by other Police Officers of the
     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.
     218 §2, 1-4-88; RSMo. §300.030)
SECTION 305.050:          TRAFFIC ACCIDENT STUDIES

     Whenever the accidents at any particular location become numerous, the Traffic Division
     shall cooperate with the City Traffic Engineer in conducting studies of such accidents and
     determining remedial measures. (Ord. No. 218 §2, 1-4-88; RSMo. §300.035)

SECTION 305.060:          TRAFFIC ACCIDENT REPORTS

     The Traffic Division shall maintain a suitable system of filing traffic accident reports.
     Accident reports or cards referring to them shall be filed alphabetically by location. Such
     reports shall be available for the use and information of the City Traffic Engineer. (Ord.
     No. 218 §2, 1-4-88; RSMo. §300.040)


SECTION 305.070:          DRIVER FILES TO BE MAINTAINED

     The Police Department or the Traffic Division thereof 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. 218
     §2, 1-4-88; RSMo. §300.045)


SECTION 305.080:          TRAFFIC DIVISION TO SUBMIT ANNUAL TRAFFIC SAFETY
                         REPORT

     The Traffic Division shall annually prepare a traffic report which shall be filed with the
     Mayor. Such report shall contain information on traffic matters in the City as follows:

     1.             The number of traffic accidents, the number of persons killed, the number of
          persons injured, and other pertinent traffic accident data.

     2.              The number of traffic accidents investigated and other pertinent data on the
          safety activities of the Police.

     3.              The plans and recommendations of the division for future traffic safety
          activities. (Ord. No. 218 §2, 1-4-88; RSMo. §300.050)


SECTION 305.090:         TRAFFIC DIVISION TO DESIGNATE METHOD OF
                        IDENTIFYING FUNERAL PROCESSIONS
     The Traffic Division shall designate a type of pennant or other identifying insignia to be
     displayed upon, or other method to be employed to identify, the vehicles in funeral
     processions. (Ord. No. 218 §2, 1-4-88; RSMo. §300.055)


SECTION 305.100:          CITY TRAFFIC ENGINEER

A.      The office of City Traffic Engineer is established. The City Engineer or other designated
     City official shall serve as City Traffic Engineer in addition to his other functions, and shall
     exercise the powers and duties with respect to traffic as provided in this Title. The Chief of
     Police of the City of Scott City, Missouri, is hereby designated the City Traffic Engineer and
     as such may exercise the power and authority given to the City Traffic Engineer under this
     Section.

B.      The City Traffic Engineer shall determine the installation and proper timing and
     maintenance of traffic control devices, conduct engineering analyses of traffic accidents
     and devise remedial measures, conduct engineering investigation of traffic conditions, plan
     the operation of traffic on the streets and highways of the City, and cooperate with other
     City officials in the development of ways and means to improve traffic conditions, and carry
     out the additional powers and duties imposed by ordinances of the City. (Ord. No. 218 §2,
     1-4-88; RSMo. §300.060; Ord. No. 84 §1, 6-21-82)


SECTION 305.110:           EMERGENCY AND EXPERIMENTAL REGULATIONS

A.      The Chief of Police by and with the approval of the City Traffic Engineer is hereby
     empowered to make regulations necessary to make effective the provisions of the traffic
     ordinances of the City and to make and enforce temporary or experimental regulations to
     cover emergencies or special conditions. No such temporary or experimental regulation
     shall remain in effect for more than ninety (90) days.

B.       The City Traffic Engineer may test traffic control devices under actual conditions of
     traffic. (Ord. No. 218 §2, 1-4-88; RSMo. §300.065)


SECTION 305.120:           TRAFFIC        COMMISSION           ESTABLISHED─POWERS                AND
                          DUTIES

A.      There is established a Traffic Commission to serve without compensation, consisting of
     the City Traffic Engineer, the Chief of Police or in his discretion as his representative the
     Chief of the Traffic Division, the Chairman of the City Council Traffic Committee, and one
     (1) representative each from the City Engineer's office and the City Attorney's office and
     such number of other City officers and representatives of unofficial bodies as may be
     determined and appointed by the Mayor. The Chairman of the Commission shall be
     appointed by the Mayor and may be removed by him.

B.      It shall be the duty of the Traffic Commission, and to this end it shall have the authority
     within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the
     preparation and publication of traffic reports, to receive complaints having to do with traffic
     matters, and to recommend to the legislative body of the City and to the City Traffic
     Engineer, the Chief of the Traffic Division, and other City officials, ways and means for
     improving traffic conditions and the administration and enforcement of traffic regulations.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.070)



                          CHAPTER 310: ENFORCEMENT AND OBEDIENCE TO
                           TRAFFIC REGULATIONS


SECTION 310.010:           AUTHORITY          OF     POLICE       AND      FIRE      DEPARTMENT
                          OFFICIALS
A.      It shall be the duty of the Officers of the Police Department or such Officers as are
     assigned by the 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. 218 §2, 1-4-88; RSMo. §300.075)


SECTION 310.020:          RESERVED

               Editor's Note─Ord. No. 536 §3, enacted October 21, 1996, repealed section
                    310.020 in its entirety. Said former section derived from ord. no. 218 §2, 1-4-
                    88 and section 300.080, RSMo. We have left this section reserved for the
                    city's future use. See §225.130 for replacement provisions.


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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; RSMo. §300.095)
SECTION 310.060:             AUTHORIZED EMERGENCY VEHICLES

A.      The driver of an authorized emergency vehicle, when responding to an emergency call or
     when in the pursuit of an actual or suspected violator of the law or when responding to but
     not upon returning from a fire alarm, may exercise the privileges set forth in this Section,
     but subject to the conditions herein stated.

B.        The driver of an authorized emergency vehicle may:

     1.                Park or stand, irrespective of the provisions of this Title.

     2.             Proceed past a red or stop signal or stop sign, but only after slowing down as
           may be necessary for safe operation;

     3.                Exceed the maximum speed limits so long as he does not endanger life or
           property;

     4.              Disregard regulations governing direction of movement or turning in
           specified directions.

C.       The exemptions herein granted to an authorized emergency vehicle shall apply only when
     the driver of any said 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 visible under normal atmospheric conditions from a
     distance of five hundred (500) feet to the front of such vehicle.

D.      The foregoing provisions shall not relieve the driver of an authorized emergency vehicle
     from the duty to drive with due regard for the safety of all persons, nor shall such provisions
     protect the driver from the consequences of his reckless disregard for the safety of others.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.100)


SECTION 310.070:          OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED
                         EMERGENCY VEHICLES
A.      Upon the immediate approach of an authorized emergency vehicle making use of audible
     and visual signals meeting the requirements of the laws of this State, or of a Police vehicle
     properly and lawfully making use of an audible signal only:

     1.              The driver of every other vehicle shall yield the right-of-way and shall
           immediately drive to a position parallel to, and as close as possible to, the right-hand
           edge or curb of the roadway clear of an intersection and shall stop and remain in such
           position until the authorized emergency vehicle has passed, except when otherwise
           directed by a Police Officer;

     2.             Upon the approach of an authorized emergency vehicle, as above stated, the
           motorman of every streetcar shall immediately stop such car clear of any intersection
           and keep it in such position until the authorized emergency vehicle has passed, except
           when otherwise directed by a Police Officer.

B.        This Section shall not operate to relieve the driver of an authorized emergency vehicle
     from the duty to drive with due regard for the safety of all persons using the highway. (Ord.
     No. 218 §2, 1-4-88; RSMo. §300.105)


SECTION 310.080:          IMMEDIATE NOTICE OF ACCIDENT

     The driver of a vehicle involved in an accident resulting in injury to or death of any person
     or total property damage to an apparent extent of five hundred dollars ($500.00) or more to
     one (1) person shall immediately by the quickest means of communication give notice of
     such accident to the Police Department if such accident occurs within the City. (Ord. No.
     218 §2, 1-4-88; RSMo. §300.110)


SECTION 310.090:          WRITTEN REPORT OF ACCIDENT

     The driver of a vehicle which is in any manner involved in an accident resulting in bodily
     injury to or death of any person or total property damage to an apparent extent of five
     hundred dollars ($500.00) or more to one (1) person shall, within five (5) days after such
     accident, forward a written report of such accident to the Police Department. The
     provisions of this Section shall not be applicable when the accident has been investigated at
     the scene by a Police Officer while such driver was present thereat.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.115)


SECTION 310.100:          WHEN DRIVER UNABLE TO REPORT

A.      Whenever the driver of a vehicle is physically incapable of giving immediate notice of an
     accident as required Section 310.080 and there was another occupant in the vehicle at the
     time of the accident capable of doing so, such occupant shall give, or cause to be given, the
     notice not given by the driver.

B.      Whenever the driver is physically incapable of making a written report of an accident as
     required Section 310.090 and such driver is not the owner of the vehicle, then the owner of
     the vehicle involved in such accident shall within five (5) days after the accident make such
     report not made by the driver. (Ord. No. 218 §2, 1-4-88; RSMo. §300.120)


SECTION 310.110:          PUBLIC INSPECTION              OF     REPORTS       RELATING        TO
                         ACCIDENTS

A.      All written reports made by persons involved in accidents or by garages shall be without
     prejudice to the individual so reporting and shall be for the confidential use of the Police
     Department or other governmental agencies having use for the records for accident pre-
     vention purposes, except that the Police Department or other governmental agency may
     disclose the identity of a person involved in an accident when such identity is not otherwise
     known or when such person denies his presence at such accident.

B.      No written reports forwarded under the provisions of this Section shall be used as
     evidence in any trial, civil or criminal arising out of an accident except that the Police
     Department shall furnish upon demand of any party to such trial, or upon demand of any
     Court, a certificate showing that a specified accident report has or has not been made to the
     department in compliance with law, and if such report has been made, the date, time and
     location of the accident, the names and addresses of the drivers, the owners of the vehicles
     involved, and the investigating Officers.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.125)


SECTION 310.120:          LEAVING THE SCENE OF AN 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 a public street or alley or on any publicly or privately
     owned parking lot or parking facility, within the City limits, 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 purpose 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.



                         CHAPTER 315: TRAFFIC CONTROL DEVICES


SECTION 315.010:          AUTHORITY TO INSTALL TRAFFIC CONTROL DEVICES

     The City Traffic Engineer shall place and maintain traffic control signs, signals, and devices
     when and as required under the traffic ordinances of the City to make effective the
     provisions of said ordinances, and may place and maintain such additional traffic control
     devices as he 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. 218 §2, 1-4-88; 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 Highways and Transportation 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; RSMo. §300.150)


SECTION 315.060:          TRAFFIC CONTROL SIGNAL LEGEND─RIGHT TURN ON RED
                         LIGHT, WHEN

     Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or
     colored lighted arrows, successively one (1) at a time or in combination, only the colors
     green, red and yellow shall be used except for special pedestrian signals carrying a word
     legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as
     follows:

     1.             Green indication.

          a.            Vehicular traffic facing a circular green signal may proceed straight
               through or turn right or left unless a sign at such place prohibits either such turn.
               But vehicular traffic, including vehicles turning right or left, shall yield the right-
               of-way to other vehicles and to pedestrians lawfully within the intersection or an
               adjacent crosswalk at the time such signal is exhibited.
     b.             Vehicular traffic facing a green arrow signal, shown alone or in
          combination with another indication, may cautiously enter the intersection only to
          make the movement indicated by such arrow, or such other movement as is
          permitted by other indications shown at the same time. Such vehicular traffic shall
          yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to
          other traffic lawfully using the intersection;

     c.             Unless otherwise directed by a pedestrian control signal as provided in
          Section 315.070, pedestrians facing any green signal, except when the sole green
          signal is a turn arrow, may proceed across the roadway within any marked or
          unmarked crosswalk.

2.             Steady yellow indication.

     a.             Vehicular traffic facing a steady yellow signal is thereby warned that the
          related green movement is being terminated or that a red indication will be
          exhibited immediately thereafter when vehicular traffic shall not enter the
          intersection.

     b.              Pedestrians facing a steady yellow signal, unless otherwise directed by a
          pedestrian control signal as provided in Section 315.070 are thereby advised that
          there is insufficient time to cross the roadway before a red indication is shown and
          no pedestrian shall then start to cross the roadway.

3.             Steady red indication.

     a.             Vehicular traffic facing a steady red signal alone shall stop before
          entering the crosswalk on the near side of the intersection or, if none, then before
          entering the intersection and shall remain standing until a green indication is
          shown except as provided in Paragraph (b) of this Subsection;

     b.             The driver of a vehicle which is stopped as close as practicable at the
          entrance to the crosswalk on the near side of the intersection or, if none, than at
          the entrance to the intersection in obedience to a red signal, may cautiously enter
          the intersection to make a right turn but shall yield the right-of-way to pedestrians
          and other traffic proceeding as directed by the signal at the intersection, except
          that the State Highways and Transportation Commission with reference to an
          intersection involving a State highway, and local authorities with reference to an
          intersection involving other highways under their jurisdiction, may prohibit any
          such right turn against a red signal at any intersection where safety conditions so
          require, said prohibition shall be effective when a sign is erected at such
          intersection giving notice thereof;

     c.            Unless otherwise directed by a pedestrian control signal as provided in
          Section 315.070, pedestrians facing a steady red signal alone shall not enter the
          roadway.

4.             In the event an official traffic control signal is erected and maintained at a
     place other than an intersection, the provisions of this Section shall be applicable
     except as to those provisions which by their nature can have no application. Any stop
     required shall be made at a sign or marking on the pavement indicating where the stop
          shall be made, but in the absence of any such sign or marking the stop shall be made at
          the signal. (Ord. No. 218 §2, 1-4-88; RSMo. §300.155)


SECTION 315.070:          PEDESTRIAN CONTROL SIGNALS

     Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk"
     are in place such signals shall indicate as follows:

     1.             "WALK": pedestrians facing such signal may proceed across the roadway in
          the direction of the signal and shall be given the right-of-way by the drivers of all
          vehicles;

     2.              "WAIT" or "DON'T WALK": no pedestrian shall start to cross the roadway
          in the direction of such signal, but any pedestrian who has partially completed his
          crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait
          signal is showing. (Ord. No. 218 §2, 1-4-88; RSMo. §300.160)


SECTION 315.080:          FLASHING SIGNALS

A.      Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it
     shall require obedience by vehicular traffic as follows:

     1.              Flashing red (stop signal), when a red lens is illuminated with rapid
          intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk
          at an intersection or at a limit line when marked, or if none, then before entering the
          intersection, and the right to proceed shall be subject to the rules applicable after
          making a stop at a stop sign;

     2.             Flashing yellow (caution signal), when a yellow lens is illuminated with rapid
          intermittent flashes, drivers of vehicles may proceed through the intersection or past
          such signal only with caution.

B.      This Section shall not apply at railroad grade crossings. Conduct of drivers of vehicles
     approaching railroad grade crossings shall be governed by the rules as set forth in Section
     335.090 of this Title. (Ord. No. 218 §2, 1-4-88; RSMo. §300.165)


SECTION 315.090:          LANE DIRECTION CONTROL SIGNALS

     When lane direction control signals are placed over the individual lanes of a street or
     highway, vehicular traffic may travel in any lane over which a green signal is shown, but
     shall not enter or travel in any lane over which a red signal is shown.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.170)


SECTION 315.100:         DISPLAY OF            UNAUTHORIZED            SIGNS,     SIGNALS       OR
                         MARKINGS

     No person shall place, maintain or display upon or in view of any highway an unauthorized
     sign, signal, marking or device which purports to be or is an imitation of or resembles an
     official traffic control device or 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. 218 §2, 1-4-88; RSMo. §300.175)


SECTION 315.110:           INTERFERENCE WITH OFFICIAL TRAFFIC                         CONTROL
                          DEVICES OR RAILROAD SIGNS OR SIGNALS

     No person shall without lawful authority, attempt to or in fact alter, deface, injure, knock
     down or remove any official traffic control device or any railroad sign or signal or any
     inscription, shield or insignia thereon, or any other part thereof.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.180)


SECTION 315.120:           AUTHORITY TO ESTABLISH PLAY STREETS

     The City Traffic Engineer shall have authority to declare any street or part thereof a play
     street and to place appropriate signs or devices in the roadway indicating and helping to
     protect the same. (Ord. No. 218 §2, 1-4-88; RSMo. §300.185)


SECTION 315.130:           PLAY STREETS

     Whenever authorized signs are erected indicating any street or part thereof as a play street,
     no person shall drive a vehicle upon any such street or portion thereof except drivers of
     vehicles having business or whose residences are within such closed area, and then any said
     driver shall exercise the greatest care in driving upon any such street or portion thereof.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.190)

SECTION 315.140:           CITY TRAFFIC ENGINEER TO DESIGNATE CROSSWALKS
                          AND ESTABLISH SAFETY ZONES

     The City Traffic Engineer is hereby authorized:
     1.             To designate and maintain, by appropriate devices, marks, or lines upon the
         surface of the roadway, crosswalks at intersections where in his opinion there is
         particular danger to pedestrians crossing the roadway, and at such other places as he
         may deem necessary;

     2.              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. 218 §2, 1-4-88; RSMo. §300.195)


SECTION 315.150:           TRAFFIC LANES

A.      The City Traffic Engineer is hereby authorized to mark traffic lanes upon the roadway of
     any street or highway where a regular alignment of traffic is necessary.

B.        Where such traffic lanes have been marked, it shall be unlawful for the operator of any
     vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except
     when lawfully passing another vehicle or preparatory to making a lawful turning movement.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.200)


                         CHAPTER 320: SPEED REGULATIONS


SECTION 320.010:          STATE SPEED LAWS APPLICABLE

     The State traffic laws regulating the speed of vehicles shall be applicable upon all streets
     within the City, except that the City may by ordinance declare and determine upon the basis
     of engineering and traffic investigation that certain speed regulations shall be applicable
     upon specified streets or in certain areas, in which event it shall be unlawful for any person
     to drive a vehicle at a speed in excess of any speed so declared when signs are in place
     giving notice thereof, but no City ordinance shall regulate the speed of vehicles upon
     controlled access highways of the State.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.205)


SECTION 320.020: REGULATION OF SPEED BY TRAFFIC SIGNALS

     The City Traffic Engineer is authorized to regulate the timing of traffic signals so as to
     permit the movement of traffic in an orderly and safe manner at speeds slightly at variance
     from the speeds otherwise applicable within the district or at intersections and shall erect
     appropriate signs giving notice thereof.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.210)


SECTION 320.030:          DRIVING WITH CARE

A.      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, the 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.

B.       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. (CC §76.070)


SECTION 320.040:          SPEED LIMIT SIGNS

A.       Whenever a zone in which the maximum speed at which a vehicle may be driven shall
     have been prescribed by ordinance, the City Traffic Engineer shall cause appropriate signs
     to be placed in conspicuous positions on the street or part thereof embraced by such zone.
B.      Every such sign shall show such maximum speed in letters and numerals against a
     contrasting background, and each of the numerals shall be at least five (5) inches high.
     Such signs shall be placed at such intervals from the beginning to the end of the zone as to
     be reasonably sufficient to inform drivers of vehicles of the speed limit. An appropriate sign
     calling a driver's attention to the fact that he is approaching a limited speed zone may be
     placed in an appropriate place or places. (CC §76.080)


                         CHAPTER 325: TURNING MOVEMENTS


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:

     1.            Right turns. Both the approach for a right turn and a right turn shall be
          made as close as practicable to the right hand curb or edge of the roadway.

     2.               Left turns on two-way roadways. At any intersection where traffic is
          permitted to move in both directions on each roadway entering the intersection, an
          approach for a left turn shall be made in that portion of the right half of the roadway
          nearest the 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.

     3.              Left turns on other than two-way roadways. At any intersection where traffic
          is restricted to one direction on one (1) or more of the roadways, the driver of a vehicle
          intending to turn left at any such intersection shall approach the intersection in the
          extreme left-hand lane lawfully available to traffic moving 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. 218 §2, 1-4-88; RSMo. §300.215)


SECTION 325.020:         AUTHORITY TO PLACE AND OBEDIENCE TO TURNING
                         MARKERS

A.       The City Traffic Engineer is authorized to place markers, buttons, or signs within or
     adjacent to intersections indicating the course to be traveled by vehicles turning at such
     intersections, and such course to be traveled as so indicated may conform to or be other
     than as prescribed by law or ordinance.

B.      When authorized markers, buttons, or other indications are placed within an intersection
     indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall
     disobey the directions of such indications. (Ord. No. 218 §2, 1-4-88; RSMo. §300.220)
SECTION 325.030:          AUTHORITY TO PLACE RESTRICTED TURN SIGNS

     The City Traffic Engineer is hereby authorized to determine those intersections at which
     drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such
     intersections. The making of such turns may be prohibited between certain hours of any day
     and permitted at other hours, in which event the same shall be plainly indicated on the signs
     or they may be removed when such turns are permitted.
     (Ord. No. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; RSMo. §300.235)


                         CHAPTER 330: ONE-WAY STREETS AND ALLEYS


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 City Traffic
     Engineer shall place and maintain signs giving notice thereof, and no such regulation shall
     be effective unless such signs are in place. Signs indicating the direction of lawful traffic
     movement shall be placed at every intersection where movement of traffic in the opposite
     direction is prohibited. (Ord. No. 218 §2, 1-4-88; RSMo. §300.240)


SECTION 330.020:          ONE-WAY STREETS AND ALLEYS

     Upon those streets and parts of streets and in those alleys described and designated by
     ordinance, vehicular traffic shall move only in the indicated direction when signs indicating
     the direction of traffic are erected and maintained at every intersection where movement in
     the opposite direction is prohibited.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.245)


SECTION 330.030:          AUTHORITY TO RESTRICT DIRECTION OF MOVEMENT ON
                         STREETS DURING CERTAIN PERIODS

A.      The City Traffic Engineer is hereby authorized to determine and designate streets, parts
     of streets or specific lanes thereon upon which vehicular traffic shall proceed in one (1)
     direction during one (1) period and the opposite direction during another period of the day
     and shall place and maintain appropriate markings, signs, barriers or other devices to give
     notice thereof. The City Traffic Engineer may erect signs temporarily designating lanes to
     be used by traffic moving in a particular direction, regardless of the center line of the
     roadway.

B.      It shall be unlawful for any person to operate any vehicle in violation of such markings,
     signs, barriers or other devices so placed in accordance with this Section.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.250)



                         CHAPTER 335: STOP AND YIELD INTERSECTIONS, RAILROAD
                         CROSSINGS, ETC.

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. 218 §2, 1-4-88; 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 City Traffic Engineer to place and maintain a stop sign, or on the basis of an
     engineering and traffic investigation at any intersection a yield signs, on each and every
     street intersecting such through street unless traffic at any such intersection is controlled at
     all times by traffic control signals; provided, however, that at the intersection of two (2) such
     through streets or at the intersection of a through street and a heavy traffic street not so
     designated, stop signs shall be erected at the approaches of either of said streets as may be
     determined by the City Traffic Engineer upon the basis of an engineering and traffic study.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.260)


SECTION 335.030:           OTHER INTERSECTIONS WHERE STOP OR YIELD REQUIRED

     The City Traffic Engineer is hereby authorized to determine and designate intersections
     where particular hazard exists upon other than through streets and to determine whether
     vehicles shall stop at one (1) or more entrances to any such intersection in which event he
     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 street 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. (Ord. No. 218 §2, 1-4-88;
     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 cross-
     walk, 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. 218 §2, 1-4-88; 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 has entered the intersection from another highway or which is
     approaching so closely on said highway as to constitute an immediate hazard during the
     time when such driver is moving across or within the intersection.
     (Ord. No. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §


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. 218 §2, 1-4-88; RSMo. §300.290)
SECTION 335.090:          OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN

A.       Whenever any person driving a vehicle approaches a railroad grade crossing under any
     of the circumstances stated in this Section, the driver of such vehicle shall stop within fifty
     (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall
     not proceed until he can do so safely. The foregoing requirements shall apply when:

     1.            A clearly visible electric or mechanical signal device gives warning of the
          immediate approach of a railroad train;

     2.             A crossing gate is lowered or when a human flagman gives or continues to
          give a signal of the approach or passage of a railroad train;

     3.             An approaching railroad train is plainly visible and is in hazardous proximity
          to such crossing.

B.      No person shall drive any vehicle through, around or under any crossing gate or barrier
     at a railroad crossing while such gate or barrier is closed or is being opened or closed.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.295)



                         CHAPTER 340: MISCELLANEOUS DRIVING RULES


                         ARTICLE I. MISCELLANEOUS DRIVING REGULATIONS


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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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 Traffic Division.
   (Ord. No. 218 §2, 1-4-88; RSMo. §300.320)


SECTION 340.060:         WHEN PERMITS                REQUIRED             FOR   PARADES    AND
                        PROCESSIONS

   No funeral, procession or parade containing two hundred (200) or more persons or fifty (50)
   or more vehicles except the forces of the United States Army or Navy, the military forces of
   this State and the forces of the Police and Fire Departments, shall occupy,march or proceed
   along any street except in accordance with a permit issued by the Chief of Police and such
   other regulations as are set forth herein which may apply.
       (Ord. No. 218 §2, 1-4-88; RSMo. §300.325)


SECTION 340.070:         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. 218 §2, 1-4-88; RSMo. §300.330)


SECTION 340.080:         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. 218 §2, 1-4-88; RSMo. §300.335)


SECTION 340.090:         OPENING AND CLOSING VEHICLE DOORS

   No person shall open the door of a motor vehicle on the side available to moving traffic
   unless and until it is reasonably safe to do so, nor shall any person leave a door open on the
   side of a motor vehicle available to moving traffic for a period of time longer than necessary
   to load or unload passengers. (Ord. No. 218 §2, 1-4-88; RSMo. §300.340)
SECTION 340.100:            RIDING ON MOTORCYCLES, ADDITIONAL PASSENGER,
                           REQUIREMENTS

A.      A person operating a motorcycle shall ride only upon the permanent and regular seat
     attached thereto, and such operator shall not carry any other person nor shall any other
     person ride on a motorcycle unless such motorcycle is designed to carry more than one (1)
     person, in which event a passenger may ride upon the permanent and regular seat if
     designed for two (2) persons, or upon another seat firmly attached to the rear or side of the
     operator.

B.      The operator of a motorized bicycle shall ride only astride the permanent and regular
     seat attached thereto, and shall not permit more than one (1) person to ride thereon at the
     same time, unless the motorized bicycle is designed to carry more than one (1) person. Any
     motorized bicycle designed to carry more than one (1) person must be equipped with a
     passenger seat and footrests for the use of a passenger.

C.      Every person operating or riding as a passenger on any motorcycle or motorized bicycle
     upon any street of this City shall wear protective headgear at all times the vehicle is in
     motion. The protective headgear shall meet reasonable standards and specifications
     established by the Director of Revenue of the State of Missouri. (Ord. No. 218 §2, 1-4-88;
     RSMo. §300.345; Ord. No. 539 §1, 11-18-96)


SECTION 340.110:            RIDING       BICYCLE       ON         SIDEWALKS,
                           LIMITATIONS─MOTORIZED BICYCLES PROHIBITED

A.        No person shall ride a bicycle upon a sidewalk within a business district.

   B. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the
      right-of-way to any pedestrian and shall give audible signal before overtaking and
      passing such pedestrian.
   C.
C.    No person shall ride a motorized bicycle upon a sidewalk. (Ord. No. 218 §2, 1-4-88;
    RSMo. §300.347)


SECTION 340.120:            ALL-TERRAIN VEHICLES

A.       No person shall operate an all-terrain vehicle, as defined in Section 300.020, upon the
     streets and highways of this City, except as follows:

     1.              All-terrain vehicles owned and operated by a governmental entity for official
           use;

     2.             All-terrain vehicles operated for agricultural purposes or industrial on-
           premise purposes between the official sunrise and sunset on the day of operation;

     3.              The City Clerk may issue the operator of an all terrain vehicle a special
           permit to operate said vehicle upon the streets and highways of the City, pursuant to
           Section 304.013, RSMo., for the following limited purposes:
           a.   Participation in parades sanctioned by the City, including transportation of the all
                terrain vehicle to the starting point of the parade and from the finishing point of
                the parade.

           b.   Transportation of the all terrain vehicle from one (1) parking place or storage
                facility to another upon transfer of ownership or change of residence of the owner.

           c.   Transportation of the all terrain vehicle to and from a repair shop.

           In no event shall any special permit allow the operation of an all terrain vehicle on any
           United States Interstate Highway located within City limits. The City Clerk shall not
           issue any special permit to any person unless said person first provides the City with
           proof of liability insurance covering the operation of said all terrain vehicle.

           All permits issued by the City Clerk shall specifically state the purpose for which the all
           terrain vehicle may be operated.

B.      No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo.,
     within any stream or river in this City, except that off-road vehicles may be operated within
     waterways which flow within the boundaries of land which an off-road vehicle operator
     owns or has permission to be upon.

C.       A person operating an all-terrain vehicle on a street or highway pursuant to an exception
     covered in this Section shall have a valid 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) miles per hour. When operated on a
     street or highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not
     less than seven (7) feet above the ground, attached to the rear of the vehicle. The bicycle
     safety flag shall be triangular in shape with an area of not less than thirty (30) square inches
     and shall be dayglow in color.

D.        No person shall operate an all-terrain vehicle:

     1.              In any careless way so as to endanger the person or property of another;

     2.              While under the influence of alcohol or any controlled substance; or

     3.              Without a securely fastened safety helmet on the head of an individual who
           operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-
           terrain vehicle, unless the individual is at least eighteen (18) years of age.

E.      No operator of an all-terrain vehicle shall carry a passenger, except for agricultural
     purposes.

F.     A violation of this Section shall be a Class C misdemeanor. (Ord. No. 218 §2, 1-4-88;
     RSMo. §300.348; Ord. No. 347 §1, 9-16-91)


SECTION 340.130:           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. 218 §2, 1-4-88; RSMo. §300.350)


SECTION 340.140:           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. 218 §2, 1-4-88; RSMo. §300.355)


SECTION 340.150:           RAILROAD TRAINS NOT TO BLOCK STREETS

     It shall be unlawful for the directing officer or the operator of any railroad train to direct the
     operation of or to operate the same in such a manner as to prevent the use of any street for
     purposes of travel for a period of time no longer than fifteen (15) minutes; provided that this
     Section shall not apply to a moving train or to one stopped because of an emergency or for
     repairs necessary before it can proceed safely. (Ord. No. 218 §2, 1-4-88; RSMo. §300.360;
     Ord. No. 717 §3, 3-17-03)


SECTION 340.160:           DRIVING THROUGH SAFETY ZONE PROHIBITED

     No vehicle shall at any time be driven through or within a safety zone.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.365)


SECTION 340.170:           WEIGHT LIMITS ON CERTAIN STREETS

A.      It shall be unlawful for any motor vehicles specifically including trucks, trailers and
     semi-trailers having a gross weight of vehicle and load in excess of eight (8) tons to operate
     on any asphalt or black top street in Scott City, Missouri, excepting Main Street and
     excepting State Routes through Scott City, Missouri, except as hereinafter provided.

B.       Upon application to the City Council, the Council may issue a special permit to anybody
     operating a motor vehicle, including trucks, trailers and semi-trailers, having a gross weight
     of vehicle and load in excess of eight (8) tons upon the following conditions:

     1.   That the person transporting said vehicle and load first submit to the City Council in
          writing a request specifically stating the width, length and weight of the motor vehicle
          and load, the date and time of the expected transport and the route of transport.

     2.   The person executes a hold harmless agreement providing said person will hold the
          City harmless for any damage to property or injury to person occasioned by the
          transport of said vehicle and load.

     3.   The person deliver to the City a surety bond in such sum as determined by the Council
          which would indemnify the City for any and all damage to City streets, easements or
          other property and for claims by third (3rd) persons occasioned by the transport of the
          excessive load. (Ord. No. 674 §1, 11-1-00)
SECTION 340.180:         MUST OBEY ELECTRIC RAILROAD SIGNALS

   It shall be unlawful for any person or any operator of any vehicle to go around the signal
   gates of the electrical control signals of any railroad company at any railroad crossing at
   any time when the gates are in a down position, that is to say any time when the gates are
   parallel to the ground. (CC §76.230; Ord. No. 578 §§1─2, 10-6-97; Ord. No. 609 §1, 7-20-
   98)


                       ARTICLE II. DRIVING UNDER INFLUENCE OF ALCOHOL OR
DRUGS


SECTION 340.190:         DRIVING WHILE INTOXICATED, DRUGGED

   A person commits the offense of driving while intoxicated if he operates a motor vehicle
   while in an intoxicated or drugged condition. (Ord. No. 90 §2, 10-4-82)


SECTION 340.200:         EXCESSIVE BLOOD ALCOHOL CONTENT

   A person commits the offense of driving with excessive blood alcohol content if he operates a
   motor vehicle with eight-hundredths of one percent (.08%) or more by weight of alcohol in
   his blood. (Ord. No. 90 §2, 10-4-82; Ord. No. 685 §1, 7-2-01)


SECTION 340.205:        DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER
                       SUBSTANCES

   It shall be unlawful for a person to:

   1.   Drive a commercial motor vehicle, as defined by Chapter 302 of the Missouri Statutes,
        while having an alcohol concentration of four hundredths percent (.04%) or more as
        prescribed by the Secretary of Transportation of the United States or such other alcohol
        concentration as may be later prescribed by the Secretary of Transportation of the
        United States.

   2.   Drive a commercial vehicle while under the influence of any substance so classified
        under Section 102(6) of the Controlled Substance Act (21 USC) 802(6), including any
        substance listed in Schedules I-VI of 21 CRF Part 130A, as they may be revised from
        time to time. (Ord. No. 331 §1, 5-20-91)



SECTION 340.210:         DEFINITION

   As used in Sections 340.190 and 340.200, the terms "drive" or "operate" means physically
   driving or operating or being in actual physical control of a motor vehicle.
   (Ord. No. 90 §2, 10-4-82)
SECTION 340.220:        PERCENT BY WEIGHT OF ALCOHOL, DEFINED

   As used herein, the term "percent by weight of alcohol" shall have the same meaning as
   provided by State law, in RSMo. §§577.012. (Ord. No. 90 §2, 10-4-82)


SECTION 340.230:        IMPLIED CONSENT

   Any person who operates a motor vehicle shall be deemed to have given consent to a
   chemical test or tests of his breath, blood, saliva, or urine for the purpose of determining the
   alcohol or drug content of his blood. Such tests shall be performed according to the
   provisions of State Law, in RSMo. §§577.020 through 577.041. (Ord. No. 90 §2, 10-4-82)


SECTION 340.240:        PROCEDURE ON ARREST

   Any arrest for driving while intoxicated shall be handled as any other arrest for an offense
   of the same severity, except as follows:

   1.             As soon as practicable following such arrest, the Police Department shall
        obtain the driving record of the person arrested.

   2.             No person who has a prior conviction for driving while intoxicated or driving
        with excessive blood alcohol content within ten (10) years of the date of the present
        alleged offense shall be prosecuted through the Municipal Court until after the State
        Prosecuting Attorney shall have had the opportunity to review the case and to consider
        filing appropriate State charges.

   3.              In all other cases, the City Prosecuting Attorney shall have the discretion to
        file the appropriate charge with the Municipal Court or he may refer the case to the
        State Prosecuting Official.

   4.             The procedures described herein shall be directory and not mandatory. The
        failure to follow the procedures provided for in this Section shall not invalidate any
        prosecution or be cause to overturn any conviction for violations of Sections 340.190 or
        340.200 above, but may be reason for discipline of the City official(s) violating this
        Article. (Ord. No. 90 §2, 10-4-82)


SECTION 340.250:        REPORTS TO HIGHWAY PATROL

   Effective July 1, 1983, a record of the final disposition in any Court proceeding involving a
   violation of Section 340.190 or Section 340.200 shall be forwarded to the Missouri State
   Highway Patrol within fifteen (15) days by the Clerk of the Court. (Ord. No. 90 §2, 10-4-82)

SECTION 340.255:        SPEEDING OR PASSING IN WORK/CONSTRUCTION ZONE

   Any person who is convicted or pleads guilty to a speeding violation or passing/overtaking a
   vehicle in a work/construction zone when there was a person present performing duties in
     the work/construction zone and appropriate signs were posted stating "Warning: $250.00
     fine for speeding or passing in this work zone" shall be assessed a fine of two hundred fifty
     dollars ($250.00) in addition to any other fines assessed; except that any person assessed the
     two hundred fifty dollars ($250.00) shall not be assessed the thirty-five dollar ($35.00) fine
     for any of the following offenses in a construction/work zone: any moving violation or
     violation of speeding, or leaving the scene, careless and imprudent driving, operating
     without a valid license, operating with suspended or revoked license, obtaining a license by
     misrepresentation, driving while intoxicated, under the influence or BAC, any felony
     involving the use of a vehicle, or failure to maintain financial responsibility. (Ord. No. 692
     §1, 9-4-01)


SECTION 340.260:          PENALTY

A.       Any person convicted of driving while intoxicated shall be fined not less than one
     hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement in the
     County Jail for not more than three (3) months, or both such fine and confinement.
B.       Any person convicted of driving with blood alcohol content shall be fined not less than
     fifty dollars ($50.00) nor more than five hundred dollars ($500.00), confined in the County
     Jail for not more than three (3) months, or both such fine and confinement.

C.      Upon a plea of guilty or a finding of guilty for a first offense of driving while intoxicated
     or driving with blood alcohol content, the Court may (as a condition for suspending any
     permissible portion of any sentence or in addition to imposition of any penalties provided by
     law) order the convicted person to participate in and successfully complete an alcohol or
     drug related traffic offender education or rehabilitation program as described in RSMo.
     §577.049. Such a program may be used as a condition for suspending any permissible
     portion of any sentence only one (1) time. (Ord. No. 90 §2, 10-4-82)


SECTION 340.265:          RECOUPMENT OF COSTS

A.      Upon a plea of guilty or finding of guilty for convictions of Section 340.190 of the City
     Code, relating to driving while intoxicated or drugged, Section 340.200, relating to
     excessive blood alcohol content or Section 340.250, relating to driving while intoxicated or
     drugged while operating a commercial vehicle, the Municipal Court may, in addition to the
     imposition of any penalties provided by ordinance, order the convicted person to reimburse
     the Scott City Police Department the costs associated with the arrest. Such costs shall
     include the reasonable cost of making the arrest, including the costs of any chemical test
     made under this Article to determine the alcohol or drug content of the person's blood, the
     costs of processing, charging, booking and holding such person in custody.

B.      The Chief of the Scott City Police Department shall establish a schedule of costs relating
     to chemical tests and the cost of processing, charging, booking and holding a person in
     custody, which the Court shall order each said convicted person to pay, unless the Court
     determines the costs are excessive.

C.      All monies collected pursuant to this Section shall be paid into the Law Enforcement
Training Fund for the benefit of the Scott City Police Department.
    (Ord. No. 376 §1, 8-17-92)
                        ARTICLE III. BICYCLE AND SKATEBOARD REGULATIONS


SECTION 340.270:         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. (CC §76.520)


SECTION 340.280:         USE ON SIDEWALKS RESTRICTED

   It shall be unlawful for any person to operate a bicycle or any other recreational vehicle on
   the sidewalks within the business district. (CC §76.530; Ord. No. 717 §3, 3-17-03)


SECTION 340.290:         PEDESTRIANS HAVE RIGHT-OF-WAY

   Pedestrians on sidewalks shall have the right-of-way at all times over any person riding or
   using a bicycle and a person riding or using a bicycle upon any public sidewalk must turn
   off of the sidewalk at all times when meeting or passing pedestrians, or in lieu thereof,
   dismount from said bicycle until said pedestrian or pedestrians have passed.
   (CC §76.540)


SECTION 340.300:         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. (CC §76.550)


SECTION 340.310:         RIDERS LIMITED

   Only one (1) person shall ride or be on any bicycle at any time while riding on any public
   street, alley or sidewalk. (CC §76.560)


SECTION 340.320:         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. (CC §76.570)
SECTION 340.330:          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. (CC §76.580)


SECTION 340.340:          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. (CC §76.590)


SECTION 340.350:          MINI-BIKES

     No miniature motorcycle or motor scooter, popularly known as a "mini-bike" shall be
     operated upon any sidewalk, street, or public way unless the same be licensed for operation
     by the State upon State highways and the operator thereof have a valid operator's license.
     (CC §76.600)

SECTION 340.360:          SKATEBOARDING               AND        MOTORIZED             SCOOTER
                         REGULATIONS

A.     It is hereby declared unlawful for anyone to ride a skateboard or a motorized scooter on
     Main Street, 2nd Street East, or on the sidewalks along said streets.

B.       It is hereby declared unlawful for anyone to ride a skateboard or a motorized scooter on
     any private business parking lot in any "C-1" or "C-2" zoned areas within the City without
     first obtaining the expressed consent of the owner of the parking lot.

C.      Anyone violating this Section shall be guilty of a misdemeanor punishable under Chapter
     110 of the Code. (Ord. No. 206 §§1-3, 7-20-87; Ord. No. 733 §1, 9-2-03; Ord. No. 768 §1,
     9-20-03)


                         ARTICLE IV. LICENSE REGULATIONS


SECTION 340.370:          DRIVERS LICENSE REQUIRED

     No person may drive a motor vehicle, as defined by Chapter 302 of the State Statutes, unless
     the person has been issued a commercial driver's license valid for the type of vehicle being
     operated, except when operating such vehicle under an instruction permit as allowed by
     Missouri Law. For the purposes of this Section, a commercial motor vehicle is as defined in
     Chapter 302 of the Missouri Statutes. (Ord. No. 331 §1, 5-20-91)

SECTION 340.380:          DRIVER TO WEAR CORRECTIVE LENSES WHEN REQUIRED

     No person shall operate a motor vehicle upon any street within the City Limits of Scott City
     without wearing the corrective lenses required by his or her conditional license issued by the
     Missouri Director of Revenue. (Ord. No. 331 §1, 5-20-91)
SECTION 340.390:          DRIVING WITH FICTITIOUS OR SUSPENDED, ETC. LICENSE
                         UNLAWFUL

     It shall be unlawful for any person to display or permit to be displayed, or to have in his
     possession, any drivers or chauffeurs license knowing the same to be fictitious or to have the
     same canceled, suspended, revoked, disqualified or altered; to lend to or knowingly permit
     the use of by another of any license issued to the person so lending or permitting the use
     thereof; to display or represent as one's own any license not issued to the person so
     displaying the same. (Ord. No. 331 §1, 5-20-91)


SECTION 340.400:          PERSONS MAY NOT ALLOW CHILDREN UNDER SIXTEEN TO
                         DRIVE

     No person shall authorize or knowingly permit his child or ward under the age of sixteen
     (16) years to drive a motor vehicle upon any highway when such minor is not authorized to
     drive a motor vehicle by Missouri Law. (Ord. No. 331 §1, 5-20-91)

SECTION 340.410:            DRIVING IN VIOLATION OF RESTRICTIONS IMPOSED IN
                           LICENSE UNLAWFUL
                                 No person shall operate a motor vehicle in any manner in
     violation of the restrictions imposed in his/her restricted driver's license issued to him/her by
     the Missouri Department of Revenue. (Ord. No. 331 §1, 5-20-91)



                          CHAPTER 345: PEDESTRIANS' RIGHTS AND DUTIES


SECTION 345.010:           PEDESTRIANS SUBJECT TO TRAFFIC CONTROL DEVICES

     Pedestrians shall be subject to traffic control signals as heretofore declared in Sections
     315.060 and 315.070 of this Title, but at all other places pedestrians shall be granted those
     rights and be subject to the restrictions stated in this Chapter.
     (Ord. No. 218 §2, 1-4-88; 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 road-
     way upon which the vehicle is traveling, or when the pedestrian is approaching so closely
     from the opposite half of the roadway as to be in danger.

B.      No pedestrian shall suddenly leave a curb or other place of safety and walk or run into
     the path of a vehicle which is so close that it is impossible for the driver to yield.

C.      Subsection (A) shall not apply under the conditions stated in Subsection (B) of Section
     345.050.

D.      Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at
     an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle
     approaching from the rear shall not overtake and pass such stopped vehicle.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.375)


SECTION 345.030:          PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS

     Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.380)


SECTION 345.040:          CROSSING AT RIGHT ANGLES

     No pedestrian shall cross a roadway at any place other than by a route at right angles to the
     curb or by the shortest route to the opposite curb except in a crosswalk.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.385)


SECTION 345.050:          WHEN PEDESTRIAN SHALL YIELD

A.      Every pedestrian crossing a roadway at any point other than within a marked crosswalk
     or within an unmarked crosswalk at an intersection shall yield the right-of-way to all
     vehicles upon the roadway.

B.      Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead
     pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the
     roadway.

C.      The foregoing rules in this Section have no application under the conditions stated in
     Section 345.060 when pedestrians are prohibited from crossing at certain designated places.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.390)


SECTION 345.060:          PROHIBITED CROSSING

A.      Between adjacent intersections at which traffic control signals are in operation,
     pedestrians shall not cross at any place except in a crosswalk.

B.      No pedestrian shall cross a roadway other than in a crosswalk in any business district.

C.      No pedestrian shall cross a roadway other than in a crosswalk upon any street
     designated by ordinance.

D.       No pedestrian shall cross a roadway intersection diagonally unless authorized by official
     traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross
     only in accordance with the official traffic control devices pertaining to such crossing
     movements. (Ord. No. 218 §2, 1-4-88; RSMo. §300.395)
SECTION 345.070:          OBEDIENCE OF PEDESTRIANS TO BRIDGE AND RAILROAD
                         SIGNALS

A.      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.

B.      No pedestrian shall pass through, around, over, or under any crossing gate or barrier at
     a railroad grade crossing or bridge when such gate or barrier is closed or is being opened
     or closed. (Ord. No. 218 §2, 1-4-88; RSMo. §300.400)


SECTION 345.080:          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. 218 §2, 1-4-88; RSMo. §300.405)




                         CHAPTER 350: METHOD OF PARKING


SECTION 350.010:          STANDING OR PARKING CLOSE TO CURB

     Except as otherwise provided in this Chapter, every vehicle stopped or parked upon a
     roadway where there are adjacent curbs shall be so stopped or parked with the right-hand
     wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.415)


SECTION 350.020:          SIGNS, OR MARKINGS INDICATING ANGLE PARKING

A.      The City Traffic Engineer shall determine upon what streets angle parking shall be
     permitted and shall mark or sign such streets but such angle parking shall not be indicated
     upon any federal-aid or State highway within the City unless the State Highways and
     Transportation Commission has determined by resolution or order entered in its minutes
     that the roadway is of sufficient width to permit angle parking without interfering with the
     free movement of traffic.

B.       Angle parking shall not be indicated or permitted at any place where passing traffic
     would thereby be caused or required to drive upon the left side of the street or upon any
     streetcar tracks. (Ord. No. 218 §2, 1-4-88; RSMo. §300.420)
SECTION 350.030:          OBEDIENCE TO ANGLE PARKING SIGNS OR MARKERS

     On those streets which have been signed or marked by the City Traffic Engineer for angle
     parking, no person shall park or stand a vehicle other than at the angle to the curb or edge
     of the roadway indicated by such signs or markings.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.425)


SECTION 350.040:          PERMITS FOR LOADING OR UNLOADING AT AN ANGLE TO
                         THE CURB

A.       The City Traffic Engineer is authorized to issue special permits to permit the backing of a
     vehicle to the curb for the purpose of loading or unloading merchandise or materials subject
     to the terms and conditions of such permit. Such permits may be issued either to the owner
     or lessee of real property or to the owner of the vehicle and shall grant to such person the
     privilege as therein stated and authorized herein.

B.      It shall be unlawful for any permittee or other person to violate any of the special terms
     or conditions of any such permit. (Ord. No. 218 §2, 1-4-88; RSMo. §300.430)


SECTION 350.050:          LAMPS ON PARKED VEHICLES

A.       Whenever a vehicle is lawfully parked upon a street or highway during the hours between
     a half (½) hour after sunset and half (½) hour before sunrise and in the event there is
     sufficient light to reveal any person or object within a distance of five hundred (500) feet
     upon such street or highway no lights need be displayed upon such parked vehicle.

B.      Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto,
     whether attended or unattended, during the hours between a half (½) hour after sunset and a
     half (½) hour before sunrise and there is not sufficient light to reveal any person or object
     within a distance of five hundred (500) feet upon such highway, such vehicle so parked or
     stopped shall be equipped with one (1) or more lamps meeting the following requirements:
     At least one (1) lamp shall display a white or amber light visible from a distance of five
     hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other
     lamp shall display a red light visible from a distance of five hundred (500) feet to the rear of
     the vehicle, and the location of said lamp or lamps shall always be such that at least one (1)
     lamp or combination of lamps meeting the requirements of this Section is installed as near
     as practicable to the side of the vehicle which is closest to passing traffic. The foregoing
     provisions shall not apply to a motor driven cycle.

C.      Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.435)


SECTION 350.060:          PARKING IN SAME DIRECTION AS TRAFFIC

     All motor vehicles parked along any City street shall be parked in the same direction as the
     flow of traffic in the right hand lane of said street. (Ord. No. 422 §1, 2-22-94)
                 CHAPTER 355:                        STOPPING,     STANDING        OR    PARKING
PROHIBITED IN SPECIFIED PLACES

SECTION 355.010:           STOPPING, STANDING OR PARKING PROHIBITED

A.      Except when necessary to avoid conflict with other traffic, or in compliance with law or
     the directions of a Police Officer or official traffic control device, no person shall:

     1.             Stop, stand or park a vehicle:

          a.   On the roadway side of any vehicle stopped or parked at the edge or curb of a
               street;

          b.   On a sidewalk;

          c.   Within an intersection;

          d.   On a crosswalk;

          e.   Between a safety zone and 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;

     2.   Stand or park a vehicle, whether occupied or not, except momentarily to pick up or
          discharge a passenger or passengers:

          a.   In front of a public or private driveway;

          b.   Within 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 sign posted);
          f.   At any place where official signs prohibit standing.

     3.   Park a vehicle, whether occupied or not, except temporarily for the purpose of and
          while actually engaged in loading or unloading merchandise or passengers:

          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.

C.       No person shall park a motor vehicle in a space reserved for physically disabled persons,
     if said person is not displaying distinguishing license plates or a card issued pursuant to
     Section 301.071 or 301.142 of the Missouri Statutes. Any person violating this Section is
     guilty of an infraction and upon conviction shall be punished by a fine of not less than fifty
     dollars ($50.00) nor more than two hundred dollars ($200.00). (Ord. No. 218 §2, 1-4-88;
     RSMo. §300.440; Ord. No. 540 §1, 12-2-96)


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. 218 §2, 1-4-88; 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. 218 §2, 1-4-88; 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:

     1.             Displaying such vehicle for sale; or

     2.             Repair such vehicle except repairs necessitated by an emergency.
          (Ord. No. 218 §2, 1-4-88; RSMo. §300.455)

SECTION 355.050:           PARKING ADJACENT TO SCHOOLS

A.       The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon
     either or both sides of any street adjacent to any school property when such parking would,
     in his 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. 218 §2, 1-4-88; RSMo. §300.460)

SECTION 355.060:          PARKING PROHIBITED ON NARROW STREETS

A.       The City Traffic Engineer is authorized to erect signs indicating no parking upon any
     street when the width of the roadway does not exceed twenty (20) feet or upon one (1) side of
     a street as indicated by such signs when the width of the roadway does not exceed thirty (30)
     feet.

B.      When official signs prohibiting parking are erected upon narrow streets as authorized
     herein, no person shall park a vehicle upon any such street in violation of any such sign.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.465)


SECTION 355.070:          STANDING OR PARKING ON ONE-WAY STREETS

     The City Traffic Engineer is authorized to erect signs upon the left-hand side of any one-way
     street to prohibit the standing or parking of vehicles, and when such signs are in place, no
     person shall stand or park a vehicle upon such left-hand side in violation of any such sign.
     (Ord. No. 218 §2, 1-4-88; 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 City Traffic Engineer is authorized to determine when standing or parking
     may be permitted upon the left-hand side of any such one-way roadway and to erect signs
     giving notice thereof.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.475)


SECTION 355.090:          NO STOPPING, STANDING OR PARKING NEAR HAZARDOUS
                         OR CONGESTED PLACES

A.      The City Traffic Engineer is hereby authorized to determine and designate by proper sign
     placed 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. 218
     §2, 1-4-88; RSMo. §300.480)
SECTION 355.100:          SCOTT CITY PARKING LOTS

A.      No person shall sell, display for sale, or advertise for sale any motor vehicle, food items,
     clothing, or any other personal property on any parking lot owned by or leased to the City of
     Scott City, Missouri.

B.       In any parking lot owned by or leased to the City of Scott City, Missouri, when said
     parking lot has been marked by the City with parking lines, no person shall park any motor
     vehicle in said City parking lot, except in an appropriate space indicated by said parking
     lines.

C.       When the City shall cause to be marked traffic lanes for travel into and out of a parking
     lot owned by or leased to the City of Scott City, no person shall operate any motor vehicle
     upon said parking lot, except within the boundaries of the marked traffic lanes.

D.      No person shall park a vehicle on that portion of the Scott City parking lot located south
     of the 1400 and 1500 Blocks of Main Street in Scott City, Missouri, except as provided
     below:

     1.   This prohibition shall not apply to persons visiting the caboose maintained by the
          Historical Society on the lot, provided the vehicles are parked within parking spaces
          clearly marked adjacent to the caboose for visitors.

     2.   The above prohibition shall not apply to any guest, invitee or an employee of any
          church, business or other person or organization occupying premises located on the
          north side of the 1400 and 1500 Blocks of Main Street.

     3.   The above prohibition shall not apply to any owners of or drivers of tractor-trailers
          parked on the gravel portion of said parking lot for a period not in excess of twenty-
          four (24) hours. (Ord. No. 218 §2, 1-4-88; RSMo. §300.480; Ord. No. 456 §1, 2-21-95;
          Ord. No. 645 §1, 12-4-00)



                              CHAPTER 360: STOPPING FOR LOADING OR UNLOADING
          ONLY


SECTION 360.010:          CITY TRAFFIC ENGINEER TO DESIGNATE CURB LOADING
                         ZONES

     The City Traffic Engineer is hereby authorized to determine the location of passenger and
     freight curb loading zones and shall place and maintain appropriate signs indicating the
     same and stating the hours during which the provisions of this Section are applicable. (Ord.
     No. 218 §2, 1-4-88; RSMo. §300.485)


SECTION 360.020:          PERMITS FOR CURB LOADING ZONES

     The City Traffic Engineer shall not designate or sign any curb loading zone upon special
     request of any person unless such person makes application for a permit for such zone and
     for two (2) signs to indicate the ends of each such zone. The City Traffic Engineer upon
     granting a permit and issuing such signs shall collect from the applicant and deposit in the
     City Treasury a service fee of ten dollars ($10.00) per year or fraction thereof and may by
     general regulations impose conditions upon the use of such signs and for reimbursement of
     the City for the value thereof in the event of their loss or damage and their return in the
     event of misuse or upon expiration of permit. Every such permit shall expire at the end of
     one (1) year. (Ord. No. 218 §2, 1-4-88; RSMo. §300.490)


SECTION 360.030:         STANDING IN PASSENGER CURB LOADING ZONE

     No person shall stop, stand, or park a vehicle for any purpose or period of time other than
     for the expeditious loading or unloading of passengers in any place marked as a passenger
     curb loading zone during hours when the regulations applicable to such curb loading zone
     are effective, and then only for a period not to exceed three (3) minutes. (Ord. No. 218 §2,
     1-4-88; RSMo. §300.495)


SECTION 360.040:         STANDING IN FREIGHT CURB LOADING ZONES

     No person shall stop, stand, or park a vehicle for any purpose or length of time other than
     for the expeditious unloading and delivery or pick-up and loading of materials in any place
     marked as a freight curb loading zone during hours when the provision applicable to such
     zones are in effect. (Ord. No. 218 §2, 1-4-88; RSMo. §300.500)


SECTION 360.050:         CITY TRAFFIC ENGINEER TO DESIGNATE PUBLIC CARRIER
                        STOPS AND STANDS

     The City Traffic Engineer is hereby authorized and required to establish bus stops, bus
     stands, taxicab stands and stands for other passenger common carrier motor vehicles on
     such public streets in such places and in such number as he shall determine to be of the
     greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab
     stand, or other stand shall be designated by appropriate signs.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.505)


SECTION 360.060:         STOPPING, STANDING AND PARKING OF BUSES AND
                        TAXICABS REGULATED

A.      The operator of a bus shall not stand or park such vehicle upon any street at any place
     other than a bus stand so designated as provided herein.

B.      The operator of a bus shall not stop such vehicle upon any street at any place for the
     purpose of loading or unloading passengers or their baggage other than at a bus stop, bus
     stand or passenger loading zone so designated as provided herein, except in case of an
     emergency.

C.      The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a
     public street in such a manner that the bus when stopped to load or unload passengers or
     baggage shall be in a position with the right front wheel of such vehicle, not further than
     eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not
     to unduly impede the movement of other vehicular traffic.

D.       The operator of a taxicab shall not stand or park such vehicle upon any street at any
     place other than in a taxicab stand so designated as provided herein. This provision shall
     not prevent the operator of a taxicab from temporarily stopping in accordance with other
     stopping or parking regulations at any place for the purpose of and while actually engaged
     in the expeditious loading or unloading of passengers.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.510)


SECTION 360.070:          RESTRICTED USE OF BUS AND TAXICAB STANDS

     No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a
     taxicab in a taxicab stand when any such stop or stand has been officially designated and
     appropriately signed, except that the driver of a passenger vehicle may temporarily stop
     therein for the purpose of and while actually engaged in loading or unloading passengers
     when such stopping does not interfere with any bus or taxicab waiting to enter or about to
     enter such zone. (Ord. No. 218 §2, 1-4-88; RSMo. §300.515)



                 CHAPTER 365:    STOPPING, STANDING                                OR    PARKING
RESTRICTED OR PROHIBITED ON CERTAIN STREETS

SECTION 365.010:          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. 218 §2, 1-4-88; RSMo. §300.520)


SECTION 365.020:          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. 218 §2, 1-4-88; RSMo. §300.525)


SECTION 365.030:          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. 218 §2, 1-4-88; RSMo. §300.530)
SECTION 365.040:          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. 218 §2, 1-4-88; RSMo. §300.535)


SECTION 365.050:          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. 218 §2, 1-4-88; RSMo. §300.540)


SECTION 365.060:          PARKING SIGNS REQUIRED

     Whenever by this Title or any ordinance of the City any parking time limit is imposed or
     parking is prohibited on designated streets it shall be the duty of the City Traffic Engineer to
     erect appropriate signs giving notice thereof and no such regulations shall be effective
     unless said signs are erected and in place at the time of any alleged offense. (Ord. No. 218
     §2, 1-4-88; RSMo. §300.545)

SECTION 365.070:          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. 218 §2, 1-4-88; RSMo. §300.550)


                         CHAPTER 370: TRAFFIC VIOLATIONS BUREAU

SECTION 370.010:          WHEN PERSON CHARGED MAY ELECT TO APPEAR AT
                         BUREAU OR BEFORE MAGISTRATE

A.       Any person charged with an offense for which payment of a fine 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 acknowledgement of conviction
     of the alleged offense, and the bureau, upon accepting the prescribed fine, shall issue a
     receipt to the violator acknowledging payment thereof.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.555)
SECTION 370.020:          DUTIES OF TRAFFIC VIOLATIONS BUREAU

     The following duties are hereby imposed upon the Traffic Violations Bureau in reference to
     traffic offenses:

     1.             It shall accept designated fines, issue receipts, and represent in Court such
          violators as are permitted and desire to plead guilty, waive Court appearance, and give
          power of attorney;

     2.              It shall receive and issue receipts for cash bail from the persons, who must or
          wish to be heard in Court, enter the time of their appearance on the Court docket, and
          notify the arresting Officer and witnesses, if any, to be present.
          (Ord. No. 218 §2, 1-4-88; RSMo. §300.560)


SECTION 370.030:          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. 218 §2, 1-4-88; RSMo. §300.565)


SECTION 370.040:          ADDITIONAL DUTIES OF TRAFFIC VIOLATIONS BUREAU

A.       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.

     B. The functions of the Traffic Violations Bureau established by Sections 370.010 through
        370.030 of this Chapter shall be performed by the City Clerk.

C.      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 ordinance, and shall further specify what number of such offenses shall
     require appearance before the Court.
     (CC §76.030; Ord. No. 218 §2, 1-4-88; RSMo. §300.570)


                         CHAPTER 375: PROCEDURE ON ARREST


SECTION 375.010:          FORMS AND RECORDS OF TRAFFIC CITATIONS AND
                         ARRESTS
A.      The City shall provide books containing uniform traffic tickets as prescribed by the
     suggested forms set forth after Rule 37, of the Missouri Supreme Court Rules. Said books
     shall include serially numbered sets of citations in quadruplicate.

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 required for every
     book. The Judge or Judges hearing City ordinance violation cases may require that a copy
     of such record and receipts be filed with the Court.

C.       The 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. 218 §2, 1-4-88; RSMo. §300.575)


SECTION 375.020:           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. 218 §2, 1-4-88; RSMo. §300.580)


SECTION 375.030:          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 finding such
     vehicle shall take its registration number and may take any other information displayed on
     the vehicle which may identify its user, and shall conspicuously affix to such vehicle a
     uniform traffic ticket for the driver to answer to the charge against him within five (5) days
     during the hours and at a place specified in the traffic ticket.
     (Ord. No. 218 §2, 1-4-88; RSMo. §300.585)

SECTION 375.040:           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 viola-
     tion 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. 218 §2, 1-4-88; RSMo. §300.590)

SECTION 375.045:           WARNING OF ARREST SENT FOR CONTEMPT OF COURT

     Any person found guilty of the crime of contempt of court who fails to appear before the
     court in response to a court summons will be issued a warrant for arrest. (Ord. No. 718 §4,
     3-17-03)
SECTION 375.050:          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 circum-
     stances hereinafter enumerated:

     1.             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;

     2.              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;

     3.              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 therefor 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. 218 §2, 1-4-88; RSMo. §300.595)



                         SCHEDULE I. ONE-WAY STREETS AND ALLEYS


     In accordance with Section 330.020 of this Title, and when properly sign-posted, traffic shall
     move only in the direction indicated upon the following streets:

     Name of Street                      Direction

     Alley in Block Four of Schuette's                    Northerly
     Addition between Main Street and
     Broadway        (CC §76.040)
                    SCHEDULE II. THROUGH STREETS


In accordance with the provisions of Section 335.010 of this Title, and when signs are
erected giving notice thereof, drivers of vehicles shall stop at every intersection before
entering any of the following streets or parts of streets:

Street

Arnold Avenue shall have the right-of-way over Chapman Circle.

Bell Avenue shall have the right-of-way over First Street West, Second Street West, Third
Street West, Fourth Street West, and Sixth Street West.

Bridge Street shall have the right-of-way over Elmwood Avenue, Helene Avenue, Delmar
Avenue, Olive Avenue, Charles Avenue and Murray Avenue.

Broadway shall have the right-of-way over Chester Avenue.

Cape Street shall have the right-of-way over Hopper Avenue, Mildred Street, Mississippi
Street, Missouri Boulevard, Third Street West, and Sixth Street West.

Charles Avenue shall have the right-of-way over Broadway.

Colony Park Drive shall have the right-of-way over Oakwood Street.

Commercial Drive shall have the right-of-way over Industrial Fuels Drive.

Country Club Drive shall have the right-of-way over Princeton, Vicki Lynn Circle, Yale,
Brown Street, and Azalea Court.

Daughtery Street shall have the right-of-way over Ellis Street and Greer Street.

Dearborn Street shall have the right-of-way over Mildred Street, Mississippi Street, and
Sixth Street West.

Duretta Avenue shall have the right-of-way over Broadway (northbound only).

East Beech Street shall have the right-of-way over First Street East, Third Street East
(eastbound only), Fourth Street East, Fifth Street East, and Seventh Street East.

East Cherry Street shall have the right-of-way over Fifth Street East and Sixth Street East.

East Chestnut Street shall have the right-of-way over Fifth Street East (westbound only),
Sixth Street East, and Wall Street.

East Hickory Street shall have the right-of-way over Third Street East.

East Maple Street shall have the right-of-way over Fourth Street East, Sixth Street East,
Eighth Street East, and Twelfth Street East.
                    Schedule II. Through Streets (cont)
Street

East Olive Street shall have the right-of-way over Tenth Street East, Ninth Street East,
Eighth Street East, Seventh Street East (eastbound only), and Fifth Street East.

East Outer Road shall have the right-of-way over James Street, North Street, Williams
Street, and Rock Levee Road.

East Outer Road shall have the right-of-way over Havco Drive, Oakshire Drive, and Willow
Drive.

East Pine Street shall have the right-of-way over Tenth Street East, Ninth Street East, Eight
Street East, and Seventh Street East.

Eleventh Street East shall have the right-of-way over East Olive Street.

Ellis Street shall have the right-of-way over Blattel Street and Elm Street.

Emma Street shall have the right-of-way over First Street West, Second Street West traveling
North on Emma Street (but not traveling South on Emma Street) and Fourth Street West. (It
is the intention of the Council to permit the placement of a stop sign on the North side of
Emma Street's intersection with Second Street West.)

Estes Drive shall have the right-of-way over North Berkeley Drive and South Berkeley
Drive.

Fifth Street West shall have the right-of-way over Emma Avenue, Bell Avenue, Scott Street,
Cape Street, Clark Street and Keeley Avenue.

First Street East shall have the right-of-way over East Maple Street, East Hickory Street,
East Hickory Drive, East Mar-Elm Boulevard, and East Chestnut Street.

First Street West shall have the right-of-way over Valley Street and Lula Avenue.

Fornfelt Avenue shall have the right-of-way over Park Avenue, Elmwood Avenue, Helene
Avenue, Charles Avenue and Murray Avenue.

Forrest Drive shall have the right-of-way over Park Lane and Lakeshore Drive.

Fourth Street East shall have the right-of-way over East Ash Street, East Chestnut Street,
East Cherry Street, and East Mar-Elm Boulevard.

Good Hope Street shall have the right-of-way over August Street and Santa Barbara Street.

Grand Avenue shall have the right-of-way over Second Street West, Fourth Street West, and
Sixth Street West.

Greer Street shall have the right-of-way over Blattel Street.
         Schedule II. Through Streets (cont)

Street

Harvard Drive shall have the right-of-way over Brown Street, Arnold Avenue, Princeton,
and Oxford Drive.

Havco Drive shall have the right-of-way over Riverside Drive.

Highway 61 shall have the right-of-way over Greer Street.

Hopper Avenue shall have the right-of-way over Clark Street.

James Street shall have the right-of-way over Crites Street, Blattel Street and Jetta Mae
Street.

Jefferson Avenue shall have the right-of-way over Broadway (northbound only).

Keeley Avenue shall have the right-of-way over First Street West, Second Street West, and
Third Street West.

Lincoln Avenue shall have the right-of-way over Broadway Street, Kenny Drive, Rachel
Drive, and Hillemann Drive (northbound only).

Linden Avenue shall have the right-of-way over Dale Street and Central Avenue.

Lula Street shall have the right-of-way over Second Street West, Third Street West, Fourth
Street West, Fifth Street West, and Seventh Street West.

Madison Street shall have the right-of-way over Mildred Street, Mississippi Street, and
Hopper Street.

Main Street shall have the right-of-way over Mississippi Street, Second Street East, Missouri
Boulevard, State Street, Dearborn Street, Sycamore Street, Clark Street, Cape Street, Grand
Avenue, Bell Avenue, Nellie Avenue, Emma Street, Keeley Avenue, Ruth Avenue, Warner
Avenue, Oak Street, Lincoln Avenue, Jefferson Avenue, Washington Avenue, Duretta
Avenue, Charles Avenue, Chester Avenue, Rose Con Road, Western Avenue, Daughtery
Street, Mulberry Street, Burger Street, Blattel Street, Elm Street, Crites Street, East Outer
Road, West Outer Road, Wheeler Street, Steck Street, Melrose Street, Susan Street, and
Kimberly Street.

Mary Avenue shall have the right-of-way over Park Avenue, Helene Avenue, Olive Avenue,
Murray Avenue, and Delmar Avenue.

May Street shall have the right-of-way over West Chestnut Street, West Beech Street
(southbound only), and Good Hope Street.

Mississippi Street shall have the right-of-way over Grove (eastbound only).

Missouri Boulevard shall have the right-of-way over Madison Street, Dearborn Street,
Sycamore Street, and Clark Street.
Mulberry Street shall have the right-of-way over Jetta Mae Drive, Gail Street, and James
Street.

Nash Road shall have the right-of-way over Old Highway 61, East Outer Road, Riverside
Drive, and Commercial Drive.

Nellie Avenue shall have the right-of-way over First Street West, Sixth Street West,
Horseshoe Lane, and Angela Drive.

North Street shall have the right-of-way over Elm Street and Blattel Street.

Oak Street shall have the right-of-way over Bridge Street, Mar-Elm Boulevard, Mary Street,
and Fornfelt Avenue.

Park Lane shall have the right-of way over Lakeshore Drive.

Pennington Street shall have the right-of-way over West Chestnut Street and West Beech
Street.

Perkins Street shall have the right-of-way over Santa Barbara Street and May Street.

Plum Street shall have the right-of-way over Ellis Street.

Riverside Drive shall have the right-of-way over Industrial Fuels Drive.

Rose Con Road shall have the right-of-way over Bridge Street, Mary Street, and Fornfelt
Avenue.

Route K shall have the right-of-way over Hopper Avenue.

Ruth Avenue shall have the right-of-way over Second Street West, Fourth Street West, and
Seventh Street West.

S. Crites Street shall have the right-of-way over Ellis Street.

Scott Avenue shall have the right-of-way over Fourth Street West, Sixth Street West, and
Seventh Street West.

Second Street East (MO Rte. N) shall have the right-of-way over East Hickory Street, East
Mar-Elm Boulevard, East Cherry Street, East Chestnut Street, East Beech Street, and East
Ash Street.

Second Street West shall have the right-of-way over Nellie Avenue.

Seventh Street West shall have the right-of-way over Bell Ave, Maile Street, Grand Avenue
and Keeley Avenue.


Seventh Street East shall have the right-of-way over East Chestnut Street.
Street
Shady Grove shall have the right-of-way over Colony Park Drive.

State Street shall have the right-of-way over Hopper Avenue, Mississippi Street, and Mildred
Street.

Sycamore Street shall have the right-of-way over Fifth Street West.

Third Street East shall have the right-of-way over East Mar-Elm Boulevard, East Cherry
Street, and East Chestnut Street.

Twelfth Street East shall have the right-of-way over East Olive Street and East Pine Street.

Vicki Lynn Circle shall have the right-of-way over Forrest Drive.

Warner Avenue shall have the right-of-way over Harvard Avenue, Chester Avenue, Charles
Avenue, Duretta Avenue, Park Lane, Washington Avenue, Jefferson Avenue, Valley Avenue,
and Lula Avenue.

Washington Avenue shall have the right-of-way over Broadway (northbound only).

West Beech Street shall have the right-of-way over Richard Street.

West Chestnut Street shall have the right-of-way over Richard Street.

West Outer Road shall have the right-of-way over Estes Drive.

Western Street shall have the right-of-way over Broadway.

Wheeler Street shall have the right-of-way over York Street, Steck Street, Melrose Street,
Susan Street, and Kimberly Street.

(CC §76.050; Ord. No. 421 §1, 9-6-94; Ord. No. 449 §1, 11-21-94; Ord. No. 450 §1, 11-21-
94; Ord. No. 470 §1, 4-3-95; Ord. No. 481 §1, 6-19-95; Ord. No. 631 §1, 6-21-99; Ord. No.
681 §1, 4-16-01; Ord. No. 702 §1, 3-19-02; Ord. No. 717 §4, 3-17-03; Ord. No. 725 §1, 5-
19-03; Ord. No. 739 §1, 10-6-03; Ord. No. 742 §1, 12-1-03; Ord. No. 747 §1, 2-2-04; Ord.
No. 759 §1, 7-6-04; Ord. No. 770 §1, 12-6-04; Ord. No. 821 §1, 6-4-07; Ord. No. 847 §1, 7-
7-08)




                    SCHEDULE III. PARKING PROHIBITED AT ALL TIMES


In accordance with Section 365.030 of this Title, and when signs are erected giving notice
thereof, no person shall park a vehicle between the hours specified herein upon any of the
streets or parts of streets as follows:
Ord. No.                 Location

CC §76.060             South side of Main Street from Jefferson Avenue to Oak Street.

                                    Starting thirty-five (35) feet west of State Street along
                                    the south side of Main Street running eighty (80) feet
                                    west from point of thirty-five (35) feet west of State
                                    Street.

                                    No person shall park any motor vehicle or place any
                                    object in a parking space along any street in the City
                                    within twenty-five (25) feet of the nearest intersecting
                                    side street line.

57 §1, 5-5-81               On the north side of Chestnut Street between Second Street and
                                  Third Street, Scott City.

                                    On the north side of Elm Street from the center line of
                                    Third Street to a point two hundred thirty-four (234) feet
                                    west of said center line.

95 §1, 11-15-82               On either the north or south side of the entire length of Main
                                  Street, also known as State Route M from the west City
                                  limits to the I-55 overpass, as State Route K from the I-
                                  55 overpass to the Illmo-Scott City overpass and as
                                  Route N from the Illmo-Scott City overpass to the east
                                  City limits.

444 §1, 9-6-94         The 400 block of Lincoln Street.

454 §1, 1-3-95         On the west side of Grove Street from its intersection with Linden
                                 Street, south for a distance of one hundred fifty (150)
                                 feet.

518 §1, 7-15-96          Route AB, Scott County, Missouri, commonly referred to
                                 as Nash Road (east of Interstate 55).

762 §1, 7-6-04         South side of Maple Street from Fourth Street East to Sixth Street
                                  East.

772 §1, 1-17-05          West side of Third Street East between East Hickory Street and
                                  East Beech Street.




833 §1, 1-22-08          North side of Olive Street between Fourth Street East and Fifth
                                  Street East.

(Ord. No. 542 §1, 1-20-97; Ord. No. 613 §1, 8-17-98; Ord. 762 §1, 7-6-04; Ord. No. 772 §1,
1-17-05; Ord. No. 833 §1, 1-22-08)
                   SCHEDULE IV. PARKING DURING CERTAIN HOURS ON
                   CERTAIN STREETS PROHIBITED


In accordance with Section 365.040 of this Title, and when signs are erected giving notice
thereof, no person shall park a vehicle between the hours specified herein upon any of the
following streets or parts of streets:

Ord. No.           Restriction              Location

CC §76.060          No parking in excess            Within thirty (30) feet of any door
                   of thirty (30) minutes           of the United States Post Office
                   at one time.

                   No parking in excess             On the north side of Main Street from
                   of thirty (30) minutes           Lincoln Street to Jefferson Street
                   at one time.

(Ord. No. 717 §5, 3-17-03)




                   SCHEDULE V. TRAFFIC CONTROL SIGNALS


In accordance with Section 315.010 of this Title, the City determines it to be in the best
interest of the City to place a traffic control signal at the following intersections:

Ord. No.                 Location

201 §A, 6-15-87              Main Street at its intersection with the south bound off ramp of
                                   I-55.

201 §B, 6-15-87               Main Street at its intersection with the north on ramp of I-55.

201 §C, 6-15-87                  Main Street at its intersection with Missouri State
                                  Highway 61.

(Ord. No. 717 §6, 3-17-03)




                   SCHEDULE VI. 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-five (25) miles per hour, except as
greater or lesser speed is hereinafter provided for certain State and Federal highways:
(Ord. No. 451 §1, 11-21-94)

Ord. No.        Speed Limit       Location

348 §1          Interstate Route 55─thoroughways and ramps─speed shall be State
                                    controlled under authority granted by Section
                                    304.120, RSMo., 1975, and Section 300.205, RSMo.,
                                    Cumulative Supplement, 1965.

             30 MPH                 Interstate Route 55 outer roadways─outer roadway
                                       along the west side of Route I-55 from Route M
                                       northerly to the north City limits.

                                       Outer roadway along the east side of Route I-55
                                       from Route K northerly to the terminating point near
                                       the north City limits.

583 §1          35 MPH         U.S. Route 61─from south City limits northerly to Route M.

348 §1          25 MPH         U.S. Route 61─from Junction with Route M easterly over
                                      Routes K and M, thence northerly over Route I-55 to
                                      the north City limits, speed limits equal to that
                                      stipulated for the same sections of Routes M, K and
                                      I-55.

             40 MPH           Route M─from the west City limits easterly to Wheeler Drive.

             35 MPH           Route M─from Wheeler Driver easterly to Route K.

             35 MPH                 Route K─from its intersection with Route M easterly to
                                      its intersection with Route N.

             35 MPH                 Route N─from its intersection with Route K eastwardly
                                      to the east City limits.

             35 MPH                 Route N─from its junction with Route K, south to
                                      Hickory Street.

             25 MPH           Route N─from its intersection with Hickory Street to its
                                      intersection with Beech Street.

             30 MPH           Route N─from its intersection with Beech Street to south City
                                      limits.
               Scott City Code

               Schedule VI. Speed Limits (cont)

    Ord. No.         Speed Limit       Location

    348 §1        30 MPH           East Outer Road.

                  25 MPH           Hillman Drive and Lincoln Street.

                  30 MPH           All side roads intersecting with Nash Road.

                  30 MPH           Old Highway 61.

    521 §1        10 MPH           1300 Block of West Mar Elm Street.

    672 §1        35 MPH           That portion of Route AB located between Log Point 0.97 and
                                             Log Point 1.16.

                  45 MPH           That portion of Route AB located between Log Point 0.66 and
                                             Log Point 0.97 and that portion of Route AB located
                                             between Log Point 1.16 and Log Point 1.90.

    846 §1        30 MPH           Rock Levy Road.

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. (Ord. No.
348 §1, 10-21-91; Ord. No. 583 §1, 10-6-97; Ord. No. 672 §1, 11-6-00; Ord. No. 846 §1, 6-16-
08) outline is defined and used in this document
                                                 TITLE IV. ZONING CODE


                                            CHAPTER 400: ZONING REGULATIONS


                                                 ARTICLE I. GENERAL PROVISIONS


SECTION 400.010:             TITLE

   An ordinance of the City of Scott City, Scott County, Missouri, regulating and restricting the
   height, number of stories, and size of buildings and other structures, the percentage of lot
   that may be occupied, the size of yards, courts and other open spaces, the density of
   population, the preservation of features of historical significance and the location and use of
   buildings, structures and land for trade, industry, residence or other purposes; creating
   districts for said purposes and establishing the boundaries thereof; adopting maps of said
   City showing boundaries and the classification of said districts; defining certain terms used
   herein; providing for the method of administration and amendment; providing for the
   imposition of penalties for the violation of the provisions of this Chapter; and providing for
   the effective date hereof. (Ord. No. 28 Art. I, 8-18-80)


SECTION 400.020:             SHORT TITLE

   This Chapter shall be know and may be cited and referred to as the Scott City Zoning
   Ordinance. (Ord. No. 28 Art. II, 8-18-80)


SECTION 400.030:             DEFINITIONS

   Unless the context otherwise requires, the following definitions shall be used in the
   interpretation and construction of this Chapter. Words used in the present tense shall include
   the future; the singular number shall include the plural; and the plural the singular; the word
   "building" shall include the word "structure"; the word "used" shall include "arranged,
   designed, constructed, altered, converted, rented, leased or intended to be used"; and the
   word "shall" is mandatory and not directory.

   ACCESSORY BUILDING OR USE: A subordinate building or a portion of the main
   building, the use of which is incidental to that of the dominant use of the main building or
   land. An accessory use is one which is incidental to the main use of the premises.

   AGRICULTURE: See "FARM".

   ALLEY OR LANE: A public or private way not more than thirty (30) feet wide affording
   only secondary means of access to abutting property.

   APARTMENT/APARTMENT HOUSE: A room or suite of rooms used as the dwelling of a
   family, including bath and culinary accommodations, located in a building in which there are
   three (3) or more such rooms or suites. (See also "DWELLING, MULTIPLE")
APARTMENT HOUSE: See "DWELLING, MULTIPLE".

BASEMENT: A story whose floor line is below grade at any entrance or exit and whose
ceiling is not more than five (5) feet above grade at any such entrance or exit.

BASEMENT HOME: A building in which all four (4) exterior walls are at least one-half (½)
of their height below grade.

BED AND BREAKFASTS: A bed and breakfast establishment is a dwelling unit having not
more than four (4) guest rooms where travelers for compensation are lodged for sleeping
purposes with a morning meal provided.

BILLBOARD OR SIGN: An outdoor panel, structure, illustration or device designed to carry
or display a sign or advertisement for the purpose of making anything known. Billboards
and signs shall include walls, fences or other structures on which advertising signs may be
painted or attached. Billboards shall be deemed to be any sign or structure used or designed
for the outdoor display of commercial or non-commercial messages, the sign face (display
area, border and trim) of which exceeds one hundred (100) square feet in area. The term
"sign face" shall exclude the sign base, supports or other structural members.

BOARDING OR LODGING HOUSE: A dwelling or part thereof occupied by a single
housekeeping unit where meals and lodging are provided for three (3) or more persons for
compensation by previous arrangement, but not transients.

BUILDING: Any structure designed or built for the support, enclosure, shelter or protection
of persons, animals, chattels or property of any kind.

BUILDING, HEIGHT OF: The vertical distance from the average contact ground level at
the front wall of the building to the highest point of the coping of a flat roof or to the deck
line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or
gambrel roofs.

BUILDING LINE: The line beyond which no building or part thereof shall project, except as
otherwise provided by this Chapter.

CELLAR: A story having more than one-half (½) of its height below grade. A cellar is not
included in computing the number of stories for the purpose of height measurement.

CHILD OR DAYCARE CENTER: Any place, home or institution which receives five (5) or
more children under the age of seventeen (17) years and not of common parentage for care
apart from their natural parents, legal guardians or custodians when received for regular
periods of time for compensation; provided however, this definition shall not include public
and private schools organized, operated or approved under the laws of this State; custody of
children fixed by a court of competent jurisdiction; children related by blood or marriage
within the third degree of the custodial person; or to churches or other religious or public
institutions while their parents or legal guardians are attending services, meetings or classes
or are engaged in church activities.

CLINIC, MEDICAL OR DENTAL: An establishment where patients who are not lodged
overnight are admitted for examination and treatment by a group of physicians or dentists
practicing medicine or dentistry together.
CLUB: A building or portion thereof of premises owned or operated by a corporation,
association, person or persons for a social, educational or recreational purpose but not
primarily for profit or to render a service which is customarily carried on as a business.

COMMISSION:        That Planning Commission of the City of Scott City, Scott County,
Missouri.

COUNCIL: The Council of the City of Scott City, Scott County, Missouri.

DISTRICT: A section or sections of the City of Scott City for which the zoning regulations
governing the use of buildings and premises, the height of buildings, the size of yards, and
the intensity of use are uniform.

DWELLING: Any building or portion thereof designed or used exclusively as the residence
or sleeping place of one (1) or more persons, but not including a tent, cabin, trailer or trailer
coach, boarding or rooming house, hotel or motel.

DWELLING, MULTI-FAMILY: A building or portion thereof designed for or used by three
(3) or more families or housekeeping units.

DWELLING, SINGLE-FAMILY: A building designed for or used exclusively for residential
purposes by one (1) family or household unit, or by group homes or foster homes, as they are
defined by Section 89.020, RSMo.

DWELLING, TWO-FAMILY: A building designed for or used exclusively by two (2)
families or housekeeping units.

DWELLING UNIT: One (1) room, or suite of two (2) or more rooms, designed for or used
by one (1) family for living and sleeping purposes and having only one (1) kitchen or
kitchenette.

EARTH CONTACT HOMES: A dwelling in which one (1) or more sides are at least one-
half (½) of their height below grade and one (1) or more sides above grade.

FAMILY: A group of one (1) or more persons occupying a premises and living as a single
housekeeping unit, whether or not related to each other by birth or marriage,as distinguished
from a group occupying a boarding house, lodging house or hotel as herein defined.

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 "farming" includes the operating of such an area for one (1) or more of the above
uses, including dairy farms with the necessary accessory uses for treating or storing the
produce; provided however, that the operation of such accessory uses shall be secondary to
that of the normal farming activities, 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, oils or accessories, or for servicing or lubricating motor vehicles or installing or
repairing or replacement of motors, bodies, or fenders of motor vehicles, or painting motor
vehicles, and excluding public garages.
FLOOR AREA: The total number of square feet of floor space within the exterior walls 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 an automotive body repair shop nor the
rebuilding, dismantling, or 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 ground 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: An 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 name plate, 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 permissible for purely domestic household purposes.

HOTEL: A building in which lodging is provided and offered to the public for
compensation, and which is open to transient guests, in contradistinction to a boarding house
or lodging house as defined herein.

HOUSE TRAILER: See "MANUFACTURED HOME/MOBILE HOME".

INDUSTRIAL PARK: A tract of land, the control and administration of which are vested in a
single body, suitable for industrial use because of location, topography, proper zoning,
availability of utilities and accessibility to transportation. The use permitted may be
regulated by protective minimum restrictions (covenants) including the size of the site,
parking and loading regulations, and building setback lines from front, side and rear yards
that may be more restrictive than this Chapter.

INSTITUTION: A building occupied by a non-profit corporation or a non-profit
establishment for public use.

LAUNDROMAT: A business that provides home-type washing, drying, or ironing machines
for hire to be used by customers on the premises.
LODGING HOUSE: A building or place where lodging and boarding is provided (or which
is equipped regularly to provide lodging and boarding by prearrangement for definite
periods), for compensation, for three (3) or more, but not exceeding twelve (12) individuals,
not open to transient guests, in contradistinction to hotels open to transients.

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 rear lot lines.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as
distinguished from a corner lot.

LOT OF RECORD: A lot or parcel of land, the deed of which has been recorded in the
office of the County Recorder of Scott County, Missouri, prior to August 18, 1980.

MANUFACTURED BUSINESS UNIT/MOBILE BUSINESS UNIT:

1.   A factory-built structure or structures which, in traveling mode, are 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 the necessary
     service connections and made so as to be readily movable as a unit or units on its or
     their own running gear and designed to be used for commercial, educational or
     industrial purposes 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.

2.   Manufactured business units/mobile business units are those factory-built structures
     manufactured under the authority of the Federal Manufactured Home Construction and
     Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the
     U.S. Department of Housing and Urban Development (HUD) as required by the
     Missouri Public Service Commission.

3.   The term "manufactured business unit" shall also include units defined as above if such
     units are in two (2) or more separately towable components designed to be joined into
     one (1) integral unit capable of being again separated into the components capable of
     repeated towing and includes two (2) or more manufactured home units joined into a
     single residential unit which are kept on separate chassis for repeated towing.

MANUFACTURED HOME/MOBILE HOME:

1.   A factory-built structure or structures which, in traveling mode, is fourteen (14) body
     feet or more in width or sixty (60) body feet or more in length, or when erected on site,
     contains eight hundred forty (840) or more square feet, equipped with the necessary
     service connections and made so as to be readily movable as a unit or units on its or
     their gear and designed to be used as a dwelling unit or units 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.

2.   Manufactured homes/mobile homes are those factory-built structures manufactured
     under the authority of the Federal Manufactured Home Construction and Safety
     Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S.
     Department of Housing and Urban Development (HUD) as required by the Missouri
     Public Service Commission.

3.   The term "manufactured home" shall also include units defined as above if such units
     are in two (2) or more separately towable components designed to be joined into one (1)
     integral unit capable of being again separated into the components capable of repeated
     towing and includes two (2) or more manufactured home units joined into a single
     residential unit which are kept on separate chassis for repeated towing.

MANUFACTURED/MOBILE HOME LOT: The designated area of a parcel of land for the
placement of a single mobile home and the exclusive use of its occupants.

MANUFACTURED/MOBILE HOME PARK: A parcel of land one (1) acre or more which
has been developed for the placement of more than one (1) mobile home.

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 the blending of materials.

MODULAR HOME UNIT:

1.   A transportable building to be used by itself or to be incorporated with similar units at a
     point-of-use into a modular structure to be used for residential, commercial, educational
     or industrial purposes. This definition shall not apply to structures under eight hundred
     forty (840) square feet used temporarily and exclusively for construction site office
     purposes.

2.   These units shall be exempt from local building codes only if the unit bears a seal from
     the Missouri Public Service Commission certifying that it meets construction standards
     set out by the Building Officials and Code Administrators International, Inc. (BOCA),
     the International Conference of Building Officials (ICBO) or other national building
     code recognized by the Missouri Public Service Commission. If this seal is not present,
     the unit must comply with the local building codes.

MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT: Any building or
group of buildings containing guest rooms or dwelling units, all of which have a separate
entrance with garage or one and one-half (1½) parking spaces (per room) conveniently
located on the lot and designed, used or intended wholly or in part for the accommodation of
transients in vehicle.

NON-CONFORMING USE: Any building or land lawfully occupied by a use at the time of
passage of Ordinance 28 or amendment thereto which does not conform after the passage of
Ordinance 28 or amendment thereto with the use regulation of the district in which it is
situated.
NURSERY SCHOOL: A school operated by a person or organization which is conducted
primarily for the education of preschool-age children. May be referred to as a day care,
child care or infant care facility.

NURSING, REST OR CONVALESCENT 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, whether for compensation or not; but not including hospitals, clinics
or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or
injured. The definition of "nursing home" shall include any adult boarding facility,
intermediate care facility, residential care facility or skilled nursing facility as defined in
Chapter 198, RSMo.

OFFICE: A place where business or service for others is transacted and not a place where
tangible property or goods, wares or merchandise are commonly created, exchanged or sold.

PARKING AREA: An open, unoccupied space used or required for use exclusively for the
parking of vehicles and in which no gasoline or vehicular accessories may be sold, nor other
business conducted, nor fees charged.

PARKING LOT: An open, paved area used exclusively for the temporary storage of motor
vehicles and within which motor fuels and oils may be sold and fees charged; but no
vehicles may be equipped, repaired, rented or sold.

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.

PREMISES: A lot, together with all building and structures thereon.

RECREATION/TRAVEL VEHICLE: A vehicular, portable structure built on a chassis, self-
propelled or designed to be pulled by another vehicle, or designed to be carried by any type
of vehicle (whether located on or off such vehicle) traditionally used as a temporary
dwelling for travel, recreation or vacation purposes.

ROOMING HOUSE: A dwelling occupied by a resident family or resident occupant and
space made available for three (3) or more rent-paying persons.

RV PARK: An area designed to provide spaces where one (1) or more recreational vehicles
can be temporarily parked for travel, recreation or vacation purposes.

SELF-SERVICE STORAGE FACILITY: A building or structure used for renting or leasing
individual storage spaces in which the occupants themselves customarily store and remove
their own personal property on a self-service basis.

SHOPPING CENTER OR MALL: A group of architecturally unified commercial
establishments in one (1) or more buildings, built on a site which is planned, developed,
owned and managed as an operating unit related in its location, size and type of shops to the
trade area that the unit serves. The unit provides on-site parking in definite relationship to
the types and total size of the stores; and a mall includes a roofed-over common pedestrian
way.
STORY: That portion of a building, 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 partial story under a gable, hip or gambrel roof, the wall plates of which
on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of
such story; provided however, that any partial story used for residence purposes shall be
deemed a full story.

STORY, FIRST: The lowest story or the ground story of any building the floor of which is
not more than twelve (12) inches below the average contact ground level at the exterior walls
of the building; except that any basement or cellar used for residence purposes shall be
deemed the first story.

STREET: A public right-of-way fifty (50) feet or more in width which provides a public
means of access to abutting property, or any such right-of-way more than thirty (30) feet and
less than fifty (50) feet in width provided it existed prior to August 18, 1980. The term street
shall include avenue, drive, circle, court, road, parkway, boulevard, highway, way,
trafficway, thoroughfare, or any similar term.

STRUCTURE: Anything constructed, the use of which requires permanent location on the
ground, or attachment to something having a permanent location on the ground.

STRUCTURAL ALTERATION: Any change in the structural members of a building, such as
walls, columns, beams or girders.

TRAILER (Including Automobile Trailer and Trailer Coach): Any vehicle or structure
constructed in such a manner as to permit occupancy thereof as short term sleeping quarters
or the conduct of any business, trade or occupation or use as selling, or advertising device, or
use for storage or conveyance for tools, equipment, or machinery, and so designed that it is
or may be mounted on wheels and used as a conveyance on highways and streets, propelled
or drawn by its own or other motor power.

USE: The purpose for which land or a building or structure is arranged, designed or
intended, or for which either land or a building or structure is, or may be, occupied or
maintained.

YARD: An open space at grade between a building and the adjoining lot lines, unoccupied
and unobstructed by any portion of a structure from the ground upward, except as otherwise
provided herein. In measuring a yard for the purpose of determining the width of a side
yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.

YARD, FRONT: A yard extending across the front of a lot and being the minimum
horizontal distance between the street or place line and the main building or any projections
thereof other than the projections of the usual uncovered steps, uncovered balconies, or
uncovered porch. On corner lots, the front yard shall be considered as a parallel to the street
upon which the lot has its least dimension.

YARD, REAR: A yard extending across the rear of a lot and being the required minimum
horizontal distance between the rear lot line and the rear of the main building or any
   projections thereof other than the projections of uncovered steps, unenclosed balconies or
   unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.

   YARD, SIDE: A yard between the main building and the side line of the lot, and extending
   from the required front yard to the required rear yard, and being the minimum horizontal
   distance between a side lot line and the side of the main building or any projections thereof.

   ZONING INSPECTOR: The Building Inspector of the City of Scott City, or his authorized
   representative.

   ZONING MAP: The Zoning Map of the City of Scott City, together with all amendments
   subsequently adopted.

   ZONING CERTIFICATE: A document issued by the Zoning or Building Inspector
   authorizing buildings, structures or uses consistent with the terms of this Chapter and for the
   purpose of carrying out and enforcing its provisions. This is the zoning clearance permit.
   (Ord. No. 28 Art. IV §§1-2, 8-18-80; Ord. No. 382 §1, 9-21-92; Ord. No. 401 §1, 5-3-93;
   Ord. No. 480 §1, 7-3-95; Ord. No. 718 §6, 3-17-03)


SECTION 400.040:                DIVISION OF THE CITY INTO DISTRICTS

   For the purpose of this Chapter, the City of Scott City is divided into eight (8) districts as
   follows:

   Agriculture.

   "A-1" Agriculture District

   Residential.

   "R-1" Single-Family Residential
   "R-2" Multiple-Family Residential

   Commercial.

   "C-1" General Business District
   "C-2" Highway Commercial District

   Industrial.

   "I-1" Light Industrial District

   Flood Plain.

   "F-1" Flood Plain District

   Manufactured/Mobile Home.

   "M-1" Manufactured/Mobile Home District. (Ord. No. 28 Art. V §51, 8-18-80; Ord. No.
   718 §11, 3-17-03)
SECTION 400.050:             INCORPORATION OF THE ZONING MAP

   Said districts are bounded and defined as shown on a map entitled, "Zoning Map of the City
   of Scott City Missouri" and said map and all its notations, references, and other information
   shown thereon shall be as much a part of this Chapter as if the notations, references, and
   other matters set forth by said map were all fully described herein. Where uncertainty exists
   as to the boundaries of the districts as shown on the Zoning Map, the following rules shall
   apply.

   1.                 Boundaries indicated as approximately following the center line of
        streets, highways, alleys or other public rights-of-way shall be construed to be said
        boundary.

   2.                  Boundaries indicated as approximately following platted lot lines shall
        be construed to be said boundary.

   3.                 Boundaries that divide a lot or parcel of property, location of any such
        boundary shall be determined by the use of the scale appearing on such map.
        (Ord. No. 28 Art. V §52, 8-18-80; Ord. No. 212 §1, 8-17-87)


                                       ARTICLE          II.          GENERAL          ZONING
REGULATIONS


SECTION 400.060:             CONFORMANCE

   Except as hereafter provided, no building or land shall hereafter be used or occupied, and no
   building nor part thereof shall be erected, converted, enlarged, reconstructed,
   or structurally altered which does not comply with all the district regulations established by
   this Chapter for the district in which the building or land is located. (Ord. No. 28 Art. VI
   §61, 8-18-80)


SECTION 400.070: NON-CONFORMING USES

   The continuance of non-conforming uses or structures shall be subject to the following
   limitations:

   1.                  Continuation. The use of any land or structure existing on August 18,
        1980, may be continued even though such use may not conform with the regulation of
        this Chapter for the district in which it is located. With special permission of the
        Planning Commission and Zoning Board, any non-conforming use in existence on
        August 18, 1980, may continue as the use of right, exercising all privileges of this
        Chapter pertaining to the use district in which it would normally be included, as limited
        by the provisions of Subsection (2) hereof.

   2.                  Restoration. Ordinary repairs, alterations or modernization may be made
        to any structure or portion thereof devoted to a non-conforming use, provided that:
        a.              No structural alterations may be made to such structure except those
             required by the law or other regulations.

        b.              No non-conforming use is extended or enlarged.

        c.               A structure that is devoted to a non-conforming use which is destroyed
             or damaged in any manner or from any cause whatsoever, to the extent that the
             cost of restoration to the condition it was before the occurrence shall exceed fifty
             percent (50%) of the cost of reconstructing the entire structure, shall not be
             restored unless such structure when restored shall comply with all provisions of
             this Chapter.

   3.               Abandonment. Whenever a non-conforming use has been discontinued for a
        period of one (1) year, such use shall not thereafter be reestablished and any subsequent
        use shall be in conformity with the provisions of this Chapter.

   4.                Substitution. If no structural alterations are made, a non-conforming use of
        a building may be changed to another non-conforming use of the same or of a more
        restricted classification. Whenever a non-conforming use has been changed to a more
        restricted use or to a conforming use, such use shall not thereafter be changed to a less
        restrictive use. (Ord. No. 28 Art. VI §62, 8-18-80)


SECTION 400.080:             STREET FRONTAGE

   No lot shall contain any buildings used in whole or in part for any purpose unless such lot
   abuts for at least twenty (20) feet on at least one (1) street, or unless it has an exclusive,
   unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a
   street; and there shall not be more than one (1) single-family dwelling or one (1) non-
   residential land use for such frontage or easement.
   (Ord. No. 28 Art. VI §63, 8-18-80)


SECTION 400.090:           ACCESSORY             BUILDING        USE      AND      STRUCTURE
                       REGULATIONS

   The regulations hereafter set forth in this Section qualify or supplement, as the case may be,
   the district regulations appearing elsewhere in this Chapter:

   1.   No accessory buildings shall be constructed upon a lot until the constructions 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.

   2.   Accessory buildings or structures may be constructed or installed 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 proposes of
        determining side and rear yards.
   3.   Portable or movable storage buildings or sheds. Portable or movable storage buildings
        or sheds are considered accessory buildings and may be installed in a rear yard only and
        not nearer than five (5) feet to any side or rear lot line. If the storage building is located
        closer than ten (10) feet to the main building, the storage building shall be regarded as
        part of the main building for the purposes of determining side and rear yards.

   4.   Portable advertising signs. Portable advertising signs, whether illuminated or not, may
        be located in any commercial or industrial district, provided that such sign shall be
        located at least ten (10) feet from the pavement edge or curb line of the adjacent street
        or streets. All electrical installations for portable signs shall meet applicable
        requirements of the City Building Code. For purpose of this Chapter, a portable
        advertising sign shall be considered as a detached, freestanding ground sign. (Only one
        (1) portable advertising sign may be located on a lot and only when an existing
        detached, freestanding sign is not located on said lot.)

   5.   Private swimming pools. Private swimming pools appurtenant to single-, two- or
        multiple-family residential dwellings or manufactured/mobile homes on the same lot,
        provided said swimming pool is constructed or installed in a required rear or side yard.
        Said swimming pools shall not occupy more than thirty percent (30%) of a rear or side
        yard and shall not be nearer than five (5) feet to any side or rear lot line, and the
        swimming pool or the property on which it is located must be fenced in accordance
        with current building codes of the City and with this Section to prevent access by small
        children. Swimming pools must also meet all applicable health and sanitary
        requirements. (Ord. No. 28 Art. VI §64, 8-18-80; Ord. No. 718 §7, 3-17-03)


SECTION 400.100:              CORNER LOTS

   For corner lots platted or of record after August 18, 1980, the front yard regulations shall
   apply to each street side of the corner lot. The rear yard requirements for a corner lot shall
   apply to the open space adjacent to the two (2) lot lines that do not front upon a street. On
   corner lots platted or of record prior to August 18, 1980, the side yard regulation shall apply
   to the longer street side of the lot except in the case of reverse frontage where the corner lot
   faces an intersecting street. In this case, there shall be a side yard on the longer street side of
   the corner lot of not less than fifty percent (50%) of the front yard required on the lots to the
   rear of such corner lots, and no accessory building on said corner lot shall project beyond the
   setback line of the lots in the rear; provided further, that this regulation shall not be so
   interpreted as to reduce the buildable width of a corner lot facing an intersecting street and of
   record or as shown by existing contract of purchase prior to August 18, 1980, to less than
   twenty-eight (28) feet nor to prohibit the erection of an accessory building. (Ord. No. 28
   Art. VI §65, 8-18-80)


SECTION 400.110:              REQUIRED YARD REDUCTION

   No yard shall be reduced in area so as to make any yard or any other open space less than the
   minimum required by this Chapter. No part of a yard or other open space provided about
   any building or structure for the purpose of complying with the provisions of this Chapter
   shall be included as part of a yard or other open space required under this Chapter for
   another building or structure. (Ord. No. 28 Art. VI §66, 8-18-80)
SECTION 400.120:              YARD REQUIREMENTS ALONG ZONING BOUNDARY
                         LINE IN THE LESS RESTRICTED DISTRICT

     Along any zoning boundary line in the less restricted district, any abutting side yard, rear
     yard or court, unless subject to greater restrictions or requirements stipulated by other
     provisions of this Chapter, shall have minimum width and depth equal to the average of the
     required minimum width or depth for such side yards, rear yards or courts in the two (2)
     districts on either side of such zoning boundary line. In cases where the height of a proposed
     structure on such lot in the less restricted district is greater than the maximum height
     permitted in the adjoining more restricted district, the minimum depth or width of the side
     yard, rear yard or court for such structure shall be determined by increasing the minimum
     width or depth for the highest structure permitted in such more restricted district by one (1)
     foot for each two (2) feet by which the proposed structure exceeds the maximum height
     permitted in said more restricted district. (Ord. No. 28 Art. VI §67, 8-18-80; Ord. No. 718
     §8, 3-17-03)


SECTION 400.130:                BUILDING LINES ON APPROVED PLATS

A.      Whenever the plat of a land subdivision approved by the Planning Commission and on
     record in the Office of the County Recorder shows a setback building line along the frontage
     for the purpose of creating a front yard or side street yard line, the building line thus shown
     shall apply along such frontage in place of any other yard line required in this Chapter unless
     specific yard requirements in this Chapter require a greater setback.

B.      Zoning Districts Dividing Property. Where one (1) parcel of property is divided into two
     (2) or more portions by reason of different zoning district classifications, each of these
     portions shall be used independently of the others in respective zoning classification and the
     purpose of applying the regulations of this Chapter, each portion shall be considered as if in
     separate and different ownership. (Ord. No. 28 Art. VI §68, 8-18-80)


SECTION 400.140:                ANNEXATION OF LAND

A.       In the event that new territory becomes a part of the area of jurisdiction of this Chapter by
     reason of annexation, consolidation or detachment from any municipal corporation or
     otherwise, such territory shall automatically be classified as an "A-1" District, until and
     unless otherwise rezoned in accordance with the amendment proceedings hereof, provided
     however, that any zoning classification in effect prior to such annexation or other extension
     of jurisdiction shall remain in full force and effect until changed or amended in accordance
     with the procedures and requirements prescribed for such change or amendment by this
     Chapter.

B.      Territory Not Included. In case any territory subject to the jurisdiction of this Chapter
     has not been specifically included in any of the aforesaid districts, such territory shall
     automatically be classified as an "A-1" District, until or unless otherwise rezoned in
     accordance with the amendment proceedings hereof; provided however, that any zoning
     classification in effect prior to August 18, 1980, shall remain in full force and effect until
     changed or amended in accordance with the procedures and requirements prescribed for such
     changes or amendments by this Chapter. (Ord. No. 28 Art. VI §69, 8-18-80)
                                      ARTICLE III. DISTRICT REGULATIONS


SECTION 400.150:                 "A-1" AGRICULTURAL ZONING DISTRICT

A.       The "A-1" Agricultural District is designed to prevent haphazard development in areas
     set aside under the Comprehensive Plan as reserved for future orderly urban development.

B.        Permitted Uses.

     1.               Agriculture, horticulture, nurseries, greenhouses, orchards, general farming
           and dairy operations.

     2.                Wildlife areas, open space, country clubs, regional or county recreational
           areas, and other such pastoral uses.

     3.               Riding Stables and riding paths provided the stables shall be located not less
           than one hundred (100) feet from any property line.

     4.                Fur farming, for the raising of fur bearing animals providing buildings and
           pens shall be located not less than one hundred (100) feet from any property line.

     5.              Kennels, provided that buildings and pens shall be located not less than two
           hundred (200) feet from any property lines; and fish hatcheries, apiaries and aviaries.

     6.                Agricultural accessory uses, including repair shops, sheds, garages, barns,
           silos, bunkhouses, incidental dwellings, buildings and structures commonly required for
           any of the above uses.

     7.                Rural non-farm single-family dwellings are permitted on lots or other
           parcels of property ownerships of two and one-half (2½) acres or more.

C.        Permitted Accessory Uses.

     1.               Any building or structure customarily incidental to any of the aforesaid
           permitted uses.

     2.               Temporary produce stands on any premises used for agricultural purposes.

     3.               Parking facilities, garages, carports, or other parking spaces for the
           exclusive use of residences on the premises.

     4.               Swimming pools exclusively for the use of the residents.

     5.                Professional offices such as artists, lawyers, doctors, engineers, etc., but not
           including beauty parlors, barber shops, schools of any kind with organized classes or
           similar activity.

     6.               Customary home occupation such as handicrafts, dressmaking, millinery,
           preserving and home cooking provided that such occupations shall be conducted
           exclusively by resident occupants.
     7.                Summer houses and living quarters, used by persons employed on the
            premises, without kitchen facilities and not rented or otherwise used as separate
            dwellings.

D.       Area Regulations. In District "A-1", all regulations concerning the height of building; lot
     area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-
     street loading permitted on any lot shall be as shown in Section 400.230 unless otherwise
     stated more restrictively in other Sections of this Chapter. (Ord. No. 28 Art. VII §71, 8-18-
     80)


SECTION 400.160:                 "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT

A.      The "R-1" District is intended and designed to provide for low density residential
     development. This district is designed to protect residential areas now developed with
     single-family detached dwellings and adjoining vacant areas likely to be developed for such
     purposes. The regulations are designed to stabilize such areas and to promote a suitable
     environment for family life. For these reasons, the following regulations shall apply:

B.         Permitted Uses.

     1.                One-family detached dwellings.

     2.                Public elementary schools and nursery schools.

     3.                Public secondary schools located on major thoroughfares.

     4.                Private and parochial schools on property which abuts on major
            thoroughfares.

     5.                Public, private or country club golf courses of not less than forty (40) acres.

     6.                Customary accessory buildings.

     7.                 Public park, playgrounds, swimming pools, community center, athletic
            fields and recreation building therein.

     8.                 Temporary buildings to house offices, equipment storage, or other functions
            incidental to construction and development activities provided that such buildings shall
            be removed within eleven (11) months from the date of permit for their erection.

     9.                 Churches or other places of worship, including religious education
            buildings, or other associated structures fronting or siding on major thoroughfares or
            collector streets as designated on the major thoroughfare plan.

     10.               Fire stations only on major thoroughfares.

     11.               Electric substations, natural gas regulator stations, and public utility
            pumping stations and devices for the metering of electrical, gas or water services to
            dwellings.
     12.               Recreation vehicles for a period not to exceed seventy-two (72) hours.

     13.               Funeral homes on property with all points of access and egress on major
            streets.

     14.                Agricultural uses, including nurseries, truck gardening and greenhouses,
            provided that no offensive odors or dust are created, and provided further, that no retail
            sales shall be permitted on the premises nor the raising of livestock.

C.         Permitted Accessory Uses.

     1.                Private garage or carport.

     2.                Temporary buildings for use during the construction of a specific permitted
            use which upon completion or abandonment of the construction work shall be removed.

     3.                  One (1) sign not exceeding thirty-six (36) square feet of an area referring to
            the construction, lease, hire or sale of a building, premise, or subdivision lot which sign
            shall refer to property on which the sign is located and shall be removed as soon as the
            premises are sold or leased or construction is completed.

     4.                 Customary home occupations such as handicraft, dress making, millinery,
            laundry, preserving and home cooking; provided that such occupations shall be
            conducted exclusively by resident occupant, that not more than one-quarter (¼) of the
            area of one (1) floor of said residence shall be used for such purposes, that no structural
            alterations or constructions involving features not customarily found in dwellings are
            required, and that the entrance to the space devoted to such use shall be from within the
            dwelling.

     5.     Display an advertisement for sale of not more than two (2) motor vehicles owned by the
            resident or tenant of the premises, provided the motor vehicle is not a damaged or
            disabled vehicle, as designated by Section 235.030, and further provided the location of
            the motor vehicle is set back at least ten (10) feet from the property line, and further
            provided that no said motor vehicle shall be displayed for a period in excess of sixty
            (60) days, unless a majority of the landowners within two hundred (200) feet of the
            location consent in writing to a longer period.

D.       Area Regulations. In District "R-1", all regulations concerning the height of building; lot
     area; lot width, front yard, side yard and rear yard dimensions; off-street parking; and off-
     street loading permitted on any lot shall be as shown in Section 400.230 unless otherwise
     stated more restrictively in other Sections of this Chapter. (Ord. No. 28 Art. VII §72, 8-18-
     80; Ord. No. 640 §1, 11-1-99; Ord. No. 718 §9, 3-17-03)


SECTION 400.170:                 "R-2" MULTIPLE-FAMILY RESIDENCE DISTRICT

A.       The "R-2" Multiple-Family Residence District is designed to allow a high density
     residential development designed specifically for duplexes or single-family dwellings in
     clusters or groups, commonly referred to as "row houses" or "townhouses."
B.        Permitted Uses.

     1.               All uses in the "R-1" Residence District.

     2.               Duplex dwelling units.

     3.                 Single-family dwelling groups or clusters that do not collectively exceed the
           total area regulations of this Section.

     4.                Multiple-family dwellings for any number of families or housekeeping units
           including row houses, provided that the minimum width of each individual dwelling
           unit in any row house measured from interior wall to interior wall along the exterior
           front wall shall not be less than eighteen (18) feet.

     5.                Offices, professional offices and offices of financial, insurance, real estate,
           civic, educational, religious and philanthropic organization for single and multiple
           occupance, but excluding any display of merchandise or retail activity, barber shops,
           beauty parlors, and schools of any kind with organized classes and similar activity. All
           buildings shall be bona fide home office buildings with the exception that any person
           may maintain an office or may carry on a customary home occupation in the dwelling
           used by him as his private residence provided such does not provide an extension or
           modification of said dwelling which will alter its outward appearance as a dwelling and
           provided such use does not involve any outward evidence of such use other than an
           unlighted sign not over one (1) square foot in area attached flat against the building.

     6.                Funeral homes and mortuaries only on premises which front on a street
           officially designated as a major thoroughfare on the official Thoroughfare Plan.

     7.               Clubs, sororities, fraternities, lodges and meeting places for other
           organizations not including any use that is customarily conducted as a gainful business.

     8.               Reserved.

C.        Permitted Accessory Uses.

     1.                Any accessory use or structure permitted and as regulated in the "R-1"
           District, and any accessory use or structure customarily incident or accessory to a
           principal or conditional use in the "R-2" District.

     2.               Roomers not to exceed four (4) roomers or boarders by resident family.
           (Ord. No. 28 Art. VII §73, 8-18-80; Ord. No. 825 §1, 8-6-07)


SECTION 400.175:                MINIMUM WIDTH REQUIREMENTS FOR RESIDENCES

     No building intended for use as a residence shall be allowed to be constructed or placed in
     any "R-1" or "R-2" zoned district unless said building has a minimum width of twenty-two
     (22) feet. (Ord. No. 412 §1, 6-8-94)
SECTION 400.180:                 "C-1" GENERAL BUSINESS DISTRICT

A.      The "C-1" General Business District is designed primarily to accommodate those
     business districts and retail centers which are not designed according to an overall plan or
     are not under a single entity. The Central Business District is an example of the type of
     commercial activity normally associated with the "C-1" District. The "C-1" District should
     provide for a variety of retail activities and could act as a banking and financial center, as an
     entertainment and hotel center, or as a center for professional and business offices.

B.         Permitted Uses.

     1.                Appliance stores.

     2.                Bakeries whose products are sold at retail on the premises.

     3.                Banks and saving and loan companies.

     4.                Barber shops.

     5.                Beauty shops.

     6.                Bottling works of soft drinks or milk, provided buildings used for
            processing and distribution shall be at least two hundred (200) feet from any R-District.

     7.                Bowling alleys.

     8.                Building and related trades, shops, not including contractor's yards,
            providing such establishments are at least one hundred (100) feet from any R-District.

     9.                Bus terminal facilities.

     10.               Clothing or wearing apparel shops.

     11.                Commercial recreation establishments provided such establishments shall be
            at least one hundred (100) feet from any R-District.

     12.                Contractor's yards and related establishments, such as building material
            yards, excluding concrete mixing; including contractor's equipment, storage yard or
            plant, storage yard for rental of equipment commonly used by contractors; trucking or
            motor freight stations or terminals; retail lumber yards, including incidental millwork;
            storage and sales of grain, livestock feed or fuel; cartings, express or hauling
            establishments, including storage of vehicles, provided such uses are conducted either:

            a.               Wholly within a completely enclosed building or buildings, except for
                 storage of vehicles, which building shall be at least one hundred (100) feet distance
                 from any R-District, unless such building has no openings other than stationary
                 windows and required five (5) exits within such distance, but not within fifty (50)
                 feet of any R-District in any case; or

            b.               When conducted within an area completely enclosed on all sides with a
                 solid wall or uniformly painted solid board fence not less than six (6) feet high; but
          not within two hundred (200) feet of any R-District; provided further, that all
          storage yards related to the uses in this paragraph shall be enclosed.

      All the uses included within this paragraph are not applicable to "C-1" Business
      Districts in the Central Business District unless specifically approved by the Planning
      Commission.

13.              Drug stores.

14.              Gasoline service stations and repair and service of automobiles.

15.              Grocery store, supermarkets.

16.              Hotels.

17.              Laundry and dry cleaning pick-up stations.

18.             Miscellaneous trades and businesses such as sheet metal shops, sign paint
      shops, monument service shops, provided that such establishments are at least one
      hundred (100) feet from any R-District.

19.              Offices.

20.             Other retail service establishments to include mail order houses, used
      merchandise stores, roadside stands, funeral homes and mortuaries, and similar uses.

21.              Parking lots.

22.              Post offices.

23.               Printing, publishing, and related trades when not within one hundred (100)
      feet of any R-District.

24.              Public and private parking lots.

25.              Restaurants.

26.              Self-service laundries.

27.              Shoe repair shops.

28.              Store or shop for the conducting of a convenience type retail business.

29.              Any other retail use.

30.              Theatres.

31.               Trade or business schools provided that the machinery used for instruction is
      not objectionable due to noises, fumes, smoke, order or vibration. Commercial art
      studios, animal hospitals, veterinary clinics.
     32.               Wholesale and warehousing establishments.

     33. Any other use which is determined by the Planning Commission to be of the same
         general character as the above permitted uses, but not including any use which is first
         permitted in the "I" District or which is prohibited in the "R-1" District.

     34. Nursing, rest or convalescent homes.

C.         Permitted Accessory Uses.

     1.                 Accessory uses in structures customarily accessory to and incidental to any
            of the foregoing permitted "C-1" District uses.

     2.               Outdoor advertising for service stations or parking lots or other
            predominantly open commercial land uses, as follows:

            a.              To the extent that it will include one (1) freestanding identification sign
                 not to exceed one hundred (100) feet in height in all commercial lands within six
                 hundred eighty (680) feet of the right-of-way line of U.S. Interstate 55.

            b.              To the extent it will include one (1) freestanding identification sign not
                 to exceed twenty (20) feet in height in all commercial lands beyond six hundred
                 eighty (680) feet of U.S. Interstate 55.

            c.               All such signs shall set back not less than twelve (12) feet from any
                 City right-of-way line and shall not project over any such City right-of-way lines.

            d.               All such signs erected along a Federal or State right-of-way shall
                 comply with
                 all applicable set back requirements, promulgated by the appropriate Federal or
                 State agency.

            e.             The provisions above are subject to any height limitations promulgated
                 by the FFA.

            f.               Notwithstanding any other provision regulating outdoor advertising, no
                 billboards or other advertising signs or devices or vending or sale of merchandise
                 will be permitted within the right-of-way lines of Route AB (commonly referred to
                 as that portion of Nash Road located east of Interstate 55).

     3.                 Residential uses in multi-story buildings that are in existence and have
            operated as residential establishments prior to August 18, 1980, and only then when
            specifically authorized by the Zoning Administration Officer, in compliance with the
            provisions of Article VII.

D.         Excluded Uses.

     1.                Residential uses, other than nursing, rest or convalescent homes use.

     2.                Industrial uses of all types.
E.       Area Regulations. In District "C-1", all regulations concerning the height of buildings;
     lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-
     street loading permitted on any lot shall be as shown in Section 400.230 unless otherwise
     stated more restrictively in other Sections of this Chapter. (Ord. No. 28 Art. VII §74, 8-18-
     80; Ord. No. 190 §2, 4-6-87; Ord. No. 519 §1, 7-15-96; Ord. No. 718 §10, 3-17-03; Ord. No.
     825 §§2─3, 8-6-07)


SECTION 400.190:                "C-2" HIGHWAY COMMERCIAL DISTRICT

A.      It is the purpose of the "C-2" District to encourage the functional grouping of those
     commercial enterprises catering primarily to either "local" or "through" highway travelers
     and to prevent therein location of other uses incompatible with these.

B.        Permitted Uses.

     1.               Motels and motor-hotels in conformance with Section 400.210.

     2.                Restaurants and drive-in eating and drinking establishments provided that
           the premises shall be enclosed by a solid wall or fence at least six (6) feet high where it
           abuts in the rear or beside any R-District, public park, church or school.

     3.               Automotive services and automatic car wash establishments.

     4.               General retail uses, such as groceries, delicatessens, gift shops.

     5.               Drive-in theatres with a minimum lot area of ten (10) acres and with special
           permission from the Planning Commission.

     6.             Circus and amusement park only with special permission from the Planning
           Commission.

     7.                Gun clubs and rifle ranges not less than two hundred (200) feet from any R-
           District only with special permission from the Planning Commission.

     8.               Race courses, of any kind, including horse racing and automobile racing
           only with special permission of the Planning Commission and not less than two
           thousand (2,000) feet from any R-District.

     9.               Stadiums, arenas, and other places of assembly.

C.      Permitted Accessory Uses. Any accessory use or structure customarily accessory and
     incidental to any of the foregoing permitted "C-2" District uses.

D.       Area Regulations. In District "C-2", all regulations concerning the height of buildings;
     lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-
     street loading permitted on any lot shall be as shown in Section 400.230 unless otherwise
     stated more restrictively in other Sections of this Chapter. (Ord. No. 28 Art. VII §75, 8-18-
     80)
SECTION 400.200:                 "I-1" INDUSTRIAL DISTRICT

A.       The "I-1" Industrial District is intended to provide sites for heavy commercial and light
     industrial activities requiring some heavy machinery, which, under control would minimize
     the effect on nearby residential districts. New dwellings are not permitted. Heavy truck
     traffic, loading and unloading operations are expected to be a part of this district.

B.         Permitted Uses.

     1.                Truck terminals.

     2.                Cold storage structures.

     3.                Wholesale establishments.

     4.                Warehouses and grain storage.

     5.                Laundries and dry cleaning establishments.

     6.                Trade shops, such as plumbing and electrical shops.

     7.                 Assembly of electrical appliances, electronic instruments and devices, radios
            and phonographs, including electroplating and manufacture of small parts only, such as
            coils, condensers, transformers, crystal holders.

     8.               Assembly of agricultural or farm implements, aircraft and aircraft parts,
            automobiles, trucks, trailers, and motorcycles.

     9.                Boat manufacture.

     10.               Printing and publishing plants.

     11.               Bottling plants.

     12.              Only those retail commercial establishments which are a necessary
            convenience to the industries and their employees, such as restaurants.

     13.               Living quarters for bona fide caretakers and/or watchmen and their families.
            All other dwelling or living quarters are expressly prohibited.

     14.               Blacksmith shop, welding shop, and machine shop.

     15.               Ice manufacturing plant.

     16.               Lumber yards.

     17.                Manufacture and maintenance of electric and neon signs, billboards,
            commercial advertising structures, light sheet metal products, including heating and
            ventilating ducts and equipment, cornices, eaves and similar products.

     18.               Manufacture, compounding, processing, packaging or treatment of such
           products as bakery goods, candy, cosmetics, dairy products, gelatin, perfumes,
           pharmaceuticals, toiletries, and food products, except the following: Fish and meat
           products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils.

     19.              Manufacture of musical instruments, toys, novelties, and rubber or metal
           stamps.

     20.              Manufacture of pottery and figurines or other similar ceramic products using
           only previously pulverized clay, and kilns fired only by electricity or gas.

     21.              Stonework.

     22.              Tinsmith and roofing service.

     23.              Public utility buildings and major structures, including radio and television
           broadcasting stations.

     24.              Industrial research laboratories.

     25.               Accessory uses clearly incidental to a permitted use and which will not
           create a nuisance or hazard.

     26.              Automobile and truck service stations.

     27.             Any other use which is determined by the Planning Commission to be of the
           same general character as the above permitted uses.

     28.               Any use permitted and regulated in the "C-1" or "C-2" Commercial
           Districts, except as herein prohibited or modified.

C.      Permitted Conditional Uses. The following manufacturing uses shall be permitted only if
     specifically authorized by the Planning Commission.

     1.               Acetylene manufacturing in excess of fifteen (15) pounds pressure per
           square inch.

     2.               Acid manufacture.

     3.               Asbestos manufacturing.

     4.               Automobile manufacturing.

     5.               Bleaching, cleaning and dyeing plant.

     6.             Boiler shops, including repair, metal working shops employee reciprocating
           hammers or presses.

     7.               Brewing or distilling of liquors.

     8.               Brick, potter, tile and terra cotta manufacturing.
9.    Bulk station.

10.   Candle or sperm oil manufacturing.

11.   Cooperage works.

12.   Dextrine, starch or glucose manufacturing.

13.   Disinfectant, insecticide or poison manufacturing.

14.   Enameling, lacquering or japanning; varnishing.

15.   Emery cloth or sandpaper manufacturing.

16.   Felt manufacturing.

17.   Fish products.

18.   Flour or grain mill.

19.   Forge or foundry works.

20.   Grain drying or poultry feed manufacturing, from refuse, mash or grain.

21.   Hair or hair products manufacturing.

22.   Incinerators.

23.   Jet engine manufacturing or testing.

24.   Lime or lime products manufacturing.

25.   Linoleum, oil cloth or oiled goods manufacturing.

26.   Match manufacturing.

27.   Meat packing.

28.   Paper and pulp manufacturing.

29.   Perfume manufacturing.

30.   Pickle, sauerkraut, vinegar or yeast manufacturing.

31.   Plaster manufacturing.

32.   Poultry slaughter house, including packing and storage for wholesale.

33.   Printing ink manufacturing.

34.   Radium extraction.
     35.              Sandblasting or cutting.

     36.              Sawmill, the manufacture of excelsior, wood fiber or sawdust products.

     37.              Shoddy manufacturing.

     38.              Shoe blacking or polish or stove polish manufacturing.

     39.              Steam power plant, except where accessory to a permitted principal use.

     40.              Stone and monument works.

     41.              Slag piles.

     42.                Other uses which in the opinion of the Planning Commission and Council is
           of similar character with respect to the emission of dangerous and offensive elements to
           the uses listed above.

D.       Prohibited Uses. Dwelling and residences of any kind except where they are incidental
     to a permitted principal use; provided however, that any of the aforesaid uses legally existing
     in the "I-1" District at the time of the adoption of Ordinance 28 or any amendment thereto,
     shall not be classified as a non-conforming use as defined in Section 400.030, and be subject
     to the provisions of Section 400.070.

E.       Area Regulations. In District "I-1", all regulations concerning the height of buildings; lot
     area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-
     street loading permitted on any lot shall be as shown in Section 400.230 unless otherwise
     stated more restrictively in other Sections of this Chapter. (Ord. No. 28 Art. VII, §76, 8-18-
     80)


SECTION 400.210:                "M-1" MANUFACTURED/MOBILE HOME COURTS

A.      General Requirements. The Board of Adjustment may authorize establishment of a
     manufactured/mobile home park in accordance with the provisions of these Articles. The
     sanitary regulations prescribed by the authority having jurisdiction, and as may be otherwise
     required by law, shall be complied with, in addition to the following regulations:

     1.                Area and yard requirements. Manufactured/mobile home parks, motels and
           camps shall comply with all the area and yard requirements prescribed in Subsection
           (D) hereof.

     2.                Parking. All areas used for automobile access and parking shall comply
           with the applicable provisions of this Chapter, provided that there shall be at least one
           (1) off-street parking space for each manufactured/mobile home park lot and one (1)
           additional space for each four (4) such lots to accommodate guests.

     3.               Entrance to manufactured/mobile home parks. No vehicular entrance to or
           exit from any manufactured/mobile home park, wherever such may be located, shall be
           within two hundred (200) feet along streets from any school, public playground, church,
          hospital, library or institution for dependents or for children, except where such
          property is in another block or another street which the premises in question do not
          abut.

     4.               Landscaping and unused areas. All areas not used for access, parking,
          circulation, buildings and service shall be completely and permanently landscaped and
          the entire site maintained in good condition. A landscaped strip of land not less than
          ten (10) feet in width, shall be established and maintained within the
          manufactured/mobile home park along its exterior boundaries.

     5.              Enclosure. Manufactured/mobile home parks shall be enclosed on the sides
          and in the rear by appropriate privacy fences, not less than six (6) feet high, or by a
          combination of landscaped screens and other suitable fences acceptable to the Board.

B.     Enlargement─Permit.      Any enlargement or extension to any existing
     manufactured/mobile home park shall require application for a zoning certificate, as if it
     were a new establishment.

     1.               Enlargement─existing facilities to comply. No enlargements or extensions
          to any manufactured/mobile home park shall be permitted unless the existing facility is
          made to conform substantially with all the requirements for new construction for such
          an establishment.

     2.              Manufactured/mobile homes prohibited─except. Except as provided in
          Subsection (B) (3) hereof, no person shall park or occupy any manufactured/mobile
          home or any premises in any district outside an approved manufactured/mobile home
          park. The parking of an unoccupied manufactured/mobile home in an accessory private
          garage building, or in a rear yard shall be permitted in any district, provided no living
          quarters shall be maintained or any business conducted in such manufactured/mobile
          home while so parked or stored.

     3.               Emergency parking─8 hours. Emergency or temporary stopping or parking
          of a manufactured/mobile home shall be permitted on any street, alley or highway for
          not longer than eight (8) hours, subject to any other and further prohibitions,
          regulations, or limitations imposed by the traffic and parking regulations or ordinances
          for such street, alley or highway.

C.      Manufactured/Mobile Home Parks─Submission of Plans. An application for the
     establishment of a manufactured/mobile home park shall be filed with the Zoning Inspector
     and must be accompanied by a plat, drawn to scale and certified by a bona fide surveyor,
     civil engineer, landscape architect or architect. The Zoning Inspector shall check the plat,
     and if he finds the same to be in compliance with the requirements of this Section, forward
     the same to the Board of Adjustment. The Zoning Inspector shall also advise the Planning
     Commission of the pending application and the Planning Commission shall review the same
     and submit its recommendation thereon to the Board of Adjustment. The Board shall hold a
     public hearing on the application, giving ten (10) days notice thereof in a newspaper of
     general circulation. Upon completion of said hearing the Board shall approve, conditionally
     approve, or deny the application. The plat shall contain the following information:

     1.              Accurate dimensions of the proposed manufactured/mobile home park;
     2.                 All roads and approaches and the method of ingress and egress from public
          highways;

     3.                 The complete electric service installation, wire service outlets and lighting
          facilities;

     4.             The complete location of any natural gas, facilities to serve the
          manufactured/mobile home park;

     5.               A complete layout of unit parking spaces and the number of square feet
          therein, together with the dimensions thereof; and

     6.                The location of electric power or gas distribution systems, water mains,
          location of sanitary facilities, garbage disposal units, sanitary systems, sewer drain
          lines, fire protection and other buildings or structures contemplated to be used by such
          applicant in connection with said business.

     7.   Certified engineering plans of said utilities, streets and all other easements necessary for
          acceptance of municipal maintenance.

D.       Manufactured/Mobile Home Parks─Minimum Standards And Requirements.
     Manufactured/mobile home parks shall be designed and maintained in accordance with the
     following requirements:

     1.                 Park area. The minimum manufactured/mobile home park area shall be ten
          (10) acres.

     2.              Lot area. The minimum lot area per manufactured/mobile home unit site
          within the park shall be thirty-two hundred (3,200) square feet. (See Subsection (A)(1)
          hereof)

     3.               Lot width. The minimum lot width per manufactured/mobile home unit site
          shall be forty (40) feet. Each lot shall be clearly defined by a permanent marker in the
          ground.

     4.               Access. Each manufactured/mobile home park shall abut upon a public
          street and each manufactured/mobile home lot shall have direct access to a private hard
          surface road.

     5.             Distance between manufactured/mobile home. The minimum distance
          between neighboring manufactured/mobile homes shall not be less than twenty (20)
          feet.

     6.              Concrete slab. Each manufactured/mobile home unit lot shall be equipped
          with a concrete slab of sufficient size to support the wheels and the front parking jack.
          Said slab shall have a minimum horizontal dimension of eight by ten (8x10) feet and a
          minimum thickness of four (4) inches.

     7.               Utilities. Each manufactured/mobile home unit shall be equipped with
          electric service, municipal sanitary sewer and municipal water system services. Fire
            hydrants shall be located in accordance with the specifications of the National Board of
            Fire Underwriters.

     8.                 The minimum roadway width of two-way streets with parking permitted on
            one (1) side shall be thirty (30) feet. The minimum width of two-way streets without
            parking permitted shall be twenty (20) feet. Such streets shall be paved according to
            City specifications for residential streets and maintained in good condition and lighted
            at night.

     9.                Recreation areas.          There shall be provided within each
            manufactured/mobile home park an adequate site or sites for recreation for the
            exclusive use of the park occupants. Such recreation site or sites shall have a minimum
            area in the aggregate of one hundred (100) square feet for each manufactured/mobile
            home space in said park. The recreation sites shall be of appropriate design and
            provided with appropriate equipment.

     10.         Length of occupancy. No manufactured/mobile homes shall remain in a
           manufactured/mobile home park for a period exceeding fifteen (15) days without
           connection to the permanent sanitary sewer system of the park.

E.      Additional Requirements. In addition to the foregoing, the Board may impose such other
     conditions, requirements, or limitations concerning the design, development and operation of
     such manufactured/mobile home parks as it may deem necessary for the protection of
     adjacent properties and the public interest.

F.      Fees. Each application for a manufactured/mobile home park shall be accompanied by a
     check payable to the Treasurer of the City of Scott City, or cash payment in the amount of
     ten dollars ($10.00) per manufactured/mobile home space per year. (Ord. No. 28 Art. VII
     §78, 8-18-80; Ord. No. 718 §11, 3-17-03)


SECTION 400.220:                 MANUFACTURED/MOBILE HOMES

A.      The manufactured/mobile home shall be anchored with approved straps to concrete
     anchors as required by law or as approved by the Building Inspector and shall be
     underpinned only with materials approved by the Building Inspector which shall be of the
     same or higher quality of industry standards within thirty (30) days of the occupancy permit,
     weather permitting. All mobile homes placed in the City shall meet the following criteria:

     1.     The minimum manufactured/mobile home size that is allowed shall be fourteen (14)
            feet by sixty (60) feet.

     2.     No replacement mobile home shall be placed within the City if it has a date of
            manufacture earlier than the mobile home it replaces.

     3.     Until March 5, 2009, no mobile home shall replace an existing mobile home within City
            limits unless said mobile home has been determined, to the satisfaction of the Building
            Inspector, to be HUD certified and a 1984 or newer model.

     4.     Commencing March 5, 2009, no mobile home shall be replaced within the City limits
            with a manufacturer date of more than ten (10) years prior to placement.
     Occupancy permits shall not be granted and City services shall not be extended to any
     manufactured/mobile home not meeting the above specifications.

B.      Individual manufactured/mobile homes situated on individual lots may be replaced in the
     same location by the owner of the existing manufactured/mobile home provided that the new
     or replacement manufactured/mobile home meets all of the specifications of these Sections
     and is so situated that it would not violate any of the requirements for new
     manufactured/mobile home placement.

C.       In the case of replacement of an existing manufactured/mobile home at any given
     location in the City, where the manufactured/mobile home is presently lawfully situated,
     replacement may be made upon application by the owner or occupant to the City Building
     Inspector as in the case of placement of a new manufactured/mobile home. The application
     shall be accompanied by a fee of twenty-five dollars ($25.00), but it shall not be necessary to
     procure the consent of adjoining property owners as required in the case of new application.
     The application shall be accompanied by a plot plan showing the location of the existing
     manufactured/mobile home and the location of the proposed replacement
     manufactured/mobile home. Such replacement must be effected within the twenty-one (21)
     day period of the time after the existing manufactured/mobile home is removed from the lot.
     An extension of time may be granted for good cause shown, but in no case shall the
     extension of the time for accomplishment of the replacement be extended for an additional
     thirty (30) days.

D.      In the event a manufactured/mobile home is removed from an individual lot and not
     replaced as provided in Subsections (B) and (C) above, the lot shall automatically revert to
     the zoning use of the adjoining lots. If the lot from which the manufactured/mobile home is
     removed is surrounded by more than one (1) zoning use, said lot shall automatically revert to
     the use of the adjoining property with highest use.

E.       No person shall remove an existing mobile home from a mobile home park or private lot
     or place a mobile home in any mobile home park or on a private lot without first obtaining a
     moving permit from the Building Inspector who shall ensure the proposed removal or
     installation complies with all ordinances of the City. The person requesting the removal or
     installation of a mobile home shall, prior to inspection by the Building Inspector, pay to the
     City Clerk a fee of twenty-five dollars ($25.00) to cover the cost for the issuance of the
     permit and inspection by the Building Inspector. (Ord. No. 28 Art. VII §78A, 8-18-80; Ord.
     No. 217 §2, 11-2-87; Ord. No. 426 §1, 9-19-94; Ord. No. 716 §1, 2-3-03; Ord. No. 718 §11,
     3-17-03; Ord. No. 785 §1, 7-18-05; Ord. No. 796 §1, 2-6-06; Ord. No. 817 §1, 3-5-07)

SECTION 400.223:               RECREATION/TRAVEL VEHICLES

A.      No recreation/travel vehicle, while located within the City of Scott City, Missouri, may
     be used for any residential purpose either temporarily or permanently, except as provided in
     Subsection (E) hereof.

B.      No recreation/travel vehicle may be hooked onto City utilities, including water and
     sewer, except as provided in Subsection (E) hereof.

C.     All recreation/travel vehicles parked on private premises shall comply with the setback
    requirements for accessory buildings or garages, as set forth in Chapter 400 of the Scott City
Code.
D.      All recreation/travel vehicles parked on public thoroughfares shall be considered motor
     vehicles and comply with all parking requirements set forth in Chapters 350 and 355 of the
     Scott City Code.

E.      In the event a residence becomes uninhabitable due to fire or other casualty, the building
     inspector may allow the residents of the uninhabitable structure to reside in a recreation/
     travel vehicle and to hook onto City water and sewer, as temporary accommodations for a
     period not to exceed sixty (60) days. (Ord. No. 382 §2, 9-21-92; Ord. No. 718 §6, 3-17-03)


SECTION 400.225:                RESERVED

               Editor's Note─Ord. no. 718 §12, adopted March 17, 2003, repealed section
                    400.225: "planned unit development" in its entirety. Former section 400.225
                    derived from ord. no. 289 §§1─9, 11-6-89.

                                ARTICLE IV. SPECIAL REGULATIONS


SECTION 400.230:                AREA REGULATIONS

A.      All regulations concerning the height of buildings; lot area; lot width; front yard; side
     yard and rear yard dimensions; off-street parking and off-street loading in all zoning districts
     shall be as stated in the following chart unless otherwise stated more restrictively in other
     Sections of this Chapter. However, notwithstanding the above, the minimum lot size
     requirements shall not apply to any building lot in any subdivision whose developer
     complied with all City requirements for subdivision development and whose subdivision plat
     was approved by the City and properly recorded. In addition, any owner may construct a
     replacement building on an existing foundation, which building shall be of equal or greater
     value than the pre-existing building and which building shall be completed within twelve
     (12) months from the date of the loss, demolition or removal of the pre-existing building.
     Footnotes following the chart relate to provisions therein.

B.       Front Yard Transition. When this district abuts a residential district along a street line,
     there shall be provided for any development or structure a distance of fifty (50) feet from the
     district boundary line into said district plus a front yard equal in depth to one-half (½) of the
     required front yard for such residence district.

C.       Side and Rear Yard Transition. On every lot in the required district that abuts directly a
     residence district, there shall be provided side and rear yards equal to that in the abutting
     residence district or of suitable dimensions to provide for adequate circulation of light, air
     and traffic as the district may require.

D.       Transition Yard Requirements. When this district abuts in the rear or on the sides of any
     R-District, the rear yard or side yard requirements, whichever the case may be, of any
     building or structure on the premises of this district shall be set back from its side or rear lot
     line, whichever the case may be, a distance of two (2) linear feet for each one (1) foot of
     building or structure height, this will then determine the minimum yard requirements, except
     as otherwise provided herein. (Ord. No. 28 Art. VIII §81, 8-18-80; Ord. No. 718 §11, 3-17-
     03; Ord. No. 722 §1, 4-21-03; Ord. No. 782 §1, 6-6-05)
                                                                                           ZONING DISTRICT AREA REGULATIO
                Maximum             Minimum Lot Size                 Minimum Yard Requirements In Feet
                Building
   District     Height In
                  Feet
                                 Area In Sq.     Lot Width   Front Yard   One Side   Both Sides   Rear Yard             Off-Street
                                    Feet          In Feet                                                                Parking
                                                                                                                         Spaces
    "A-1"           35            2½ acres          150         30           15         30           30       N/A
    "R-1"           35             10,000            85         30           8          20           35       N/A
    "M-1"           35              2,500            30         10           10         20           10          1¼ per Manufactured/
                                                                                                                    Mobile Home
    "R-2"           40          One-family           60
                                  6,000
                                Multi-family         75         35           8          20           45       1¼ per Dwelling
                                  8,000
    "C-1"           40                                           *           *           *           *        1 per 3 employees plus 1 p
                                                                                                              400 sq. ft. of floor space
    "C-2"           50                                           *           *           *           *        1 per employee plus 1 per
                                                                                                              400 sq. ft. of floor space o
                                                                                                              per definable unit (e.g.
                                                                                                              motel)
    "I-1"           50                                           *           *           *           *        1 per 3 employees per shif
                                                                                                              or 1 per 1,200 sq. ft. of flo
                                                                                                              space whichever is greater
    "F-1"          N/A              N/A                         N/A         N/A         N/A         N/A       N/A
* See Section 400.230 for the appropriate requirements.
SECTION 400.235:               BED AND BREAKFASTS

     Bed and breakfast establishments are permitted in "R-1" and "R-2" Zoned Districts subject
     to the provisions of this Section. A bed and breakfast establishment shall be carried on
     entirely within the dwelling unit by a member of the family residing in the dwelling unit,
     shall be clearly incidental and secondary to the use of the dwelling unit for residential
     purposes, and shall conform to the following standards and provisions:

     1.   No bed and breakfast establishment shall be established until such time as the owner
          has procured a business license from the City Clerk and obtained a special use permit
          from the City Council, upon recommendation by the Planning and Zoning Commission,
          pursuant to the provisions of the Scott City Code.

     2.   No other type of occupation or profession shall be permitted within the building where
          the bed and breakfast establishment is located.

     3.   No more than four (4) bedrooms, and no more than fifty percent (50%) of the livable
          floor area of the building may be used for the bed and breakfast establishment. In
          addition to all other requirements set forth in the special use permit ordinance, an
          applicant for a bed and breakfast establishment shall provide a floor plan showing the
          specific location of the areas to be used for the bed and breakfast establishment.

     4.   There shall be no exterior display or sign, except that one (1) sign shall be permitted
          which shall be an unanimated, nonilluminated, flat or window sign having an area of
          not more than four hundred (400) square inches. The sign shall be attached flat to the
          building.

     5.   One (1) unobstructed off-street parking space shall be provided for each available
          bedroom in the bed and breakfast establishment, unless it is determined in processing
          the special use application that adequate parking already exists at the location of the
          proposed establishment.

     6.   No lodger shall be rented a room for longer than four (4) consecutive days.

     7.   No meals shall be served, except for breakfast.

     8.   Meals may be served only to overnight guests.

     9.   Each guest room in the bed and breakfast shall contain an operable smoke alarm.

     10. Each operator shall keep a register of the boarders, in which shall be recorded the name,
         drivers license and permanent home address of the guest, which register shall be open
         for inspection by the City at all reasonable times. (Ord. No. 480 §2, 7-3-95)



SECTION 400.240:               EXCEPTIONS AND MODIFICATIONS

A.        Lots of Record.
     1.               Dwelling on any lot of record. In any district where dwellings are
          permitted, the Board of Adjustment in its discretion may allow a one-family detached
          dwelling to be erected on any lot of official record, not withstanding the fact that its
          area does not comply with the minimum lot size or its width does not comply with the
          minimum yard requirements set forth in Table 1 of this Chapter.

     2.              In exercising its discretion the Board of Adjustment shall consider the
          following factors:

          a.            The extent to which the square footage and the yard widths of the
               dwelling proposed to be built upon the lot of record conforms to the square footage
               and yard width of existing dwellings in the surrounding neighborhood.

          b.            The feasibility of constructing a marketable one-family detached
               dwelling upon the lot of record, which would conform to the square footage and
               minimum yard requirements of Table 1 of this Chapter.

          c.            The extent to which the proposed dwelling to be built upon the lot of
               record conforms with the square footage and minimum requirements of Table 1 of
               this Chapter.

          d.             Where two (2) or more adjacent lots of record are owned by the same
               person or corporation, the Board of Adjustment may consider the feasibility of
               redividing the land into fewer lots which would permit construction of dwellings
               which would comply with the square footage and minimum yard requirements of
               Table 1 of this Chapter.

     3.        Minimum Yards. In no case shall the width of any side yard be less than ten
          percent (10%) of the width of the lot, and provided; that on a corner lot, the width of the
          side yard adjoining the side street lot line shall not be less than eight (8) feet or thirty
          percent (30%) of the frontage, whichever is the greater. In no case shall the depth of
          the rear yard be less than ten (10) feet. Front, side or rear yard encroachments as
          specified in Subsection (B) below shall be prohibited in the case of substandard lots of
          record and the yard width of such lots shall be measured from the edge of any
          projection or overhang to the lot line.

B.        Height Modification. The height limitations stipulated elsewhere in this Chapter shall
     not apply to the following:

     1.        Farm buildings, architectural features, etc. Barns, silos, or other farm buildings or
          structures on farms; to church spires, belfries, cupolas, and domes, monuments, water
          towers, fire and hose towers, observation towers, transmission towers, windmills,
          chimneys, smoke-stacks, flag poles, radio towers, mast and aerials; to parapet walls
          extending not more than four (4) feet above the limiting height of the building.

     2.         Places of public assembly. Places of public assembly in churches, schools and
          other permitted public and semi-public buildings, provided that these are located on the
          first (1st) floor of such buildings and provided that for each three (3) feet by which the
          height of such building exceeds the maximum height otherwise permitted in the district,
          its side and rear yards shall be increased in width or depth by an additional foot over the
          side and rear yards required for the highest building otherwise permitted in the district.
     3.        Elevator penthouses, water tanks, etc. Elevator penthouses, water tanks, monitors
          and scenery lofts provided no linear dimension of any such structure exceeds fifty
          percent (50%) of the corresponding street lot line frontage; or to towers and
          monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or
          other structures, where the manufacturing process requires a greater height.

     4.        Minimum requirements. All such structures above the heights otherwise permitted
          in the district shall not occupy more than twenty-five percent (25%) of the area of the
          lot and shall be distant not less than fifty (50) feet in all parts from every lot line not a
          street lot line.

C.        Yard and Frontage Modifications in Residential Districts.

     1.         Average depth of front yards. In any R-District, where the average depth of at
          least two (2) existing front yards on lots within one hundred (100) feet of the lot in
          question and within the same block front is less or greater than the least front yard depth
          prescribed elsewhere in this Chapter, the required depth of the front yard on such lot
          shall be modified. In such cases, this shall not be less than the average depth of said
          existing front yards on the two (2) lots immediately adjoining, or, in the case of a corner
          lot, the depth of the front yard on the lot immediately adjoining; provided however, that
          the depth of a front yard on any lot shall be at least ten (10) feet and need not exceed
          fifty (50) feet; and provided further that in no event shall the depth of a front yard of a
          corner lot be less than twenty-five (25) feet.

     2.        Double frontage lots. Buildings on lots having frontage on two (2) non-
          intersecting streets need not have a rear yard if an equivalent open space is provided on
          the lot in lieu of such required rear yard; applicable front yards must be provided
          however, on both streets.

     3.        Rear and side yards─How computed. In computing the depth of a rear yard or the
          width of a side yard, where the rear or side yard abuts an alley, one-half (½) of the
          width of the alley may be included as a portion of the required rear or side yard, as the
          case may be. However, in no event shall any building or structure be erected closer
          than five (5) feet from any lot line.

     4.        Side yard increased. Each side yard, where required, shall be increased in width
          by two (2) inches for each foot by which the length of the side wall of the building,
          adjacent to the side yard, exceeds forty (40) feet.

     5.         Side yard─Corner lot. A side yard along the side street lot line of a corner lot,
          which lot abuts in the rear, either directly or across an alley, the side lot line of another
          lot in an R-District shall have a width of not less than one-half (½) the required depth of
          the front yard on such other lot fronting the side street.

     6.       Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the
          Board may authorize reductions of the otherwise specified lot frontage in R-Districts,
          provided that:

          a.             The lot width measured at the building line shall equal the frontage
               required in the district where located;
          b.               The front lot line shall be not less than forty (40) feet in any event; and

          c.               Such reduction of frontage shall not result in a reduction of the required
               lot area.

D.        Yard Projections in R-Districts.

     1.        Certain architectural features may project into required yards or courts as follows:

          a.             Cornices, canopies, eaves or other architectural features, may project a
               distance not exceeding two (2) feet, six (6) inches.

          b.               Fire escape may project a distance not exceeding four (4) feet, six (6)
               inches.

          c.             An uncovered stair, and necessary landings may project a distance not to
               exceed six (6) feet, provided such stair and landing shall not extend above the
               entrance floor of the building except for a railing not exceeding three (3) feet in
               height.

          d.             Bay windows, balconies, uncovered porches, and chimneys may project
               a distance not exceeding three (3) feet provided that such features do not occupy,
               in the aggregate, more than one-third (1/3) of the length of the building wall on
               which they are located.

     2.         Interior side yards. Subject to the limitations in Subsection D (1) above, the
          above-named features may project into any required side yard adjoining an interior side
          lot line, a distance not to exceed one-fifth (1/5) of the required least width of such side
          yard, but not exceeding three (3) feet in any case.

     3.       Rear yards. Subject to the limitations in Subsection D (1) above, the features
          named therein may project into any required rear yards the same distances they are
          permitted to project into a front yard.

     4.        Fences, walls and hedges.

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

               FENCE: A hedge, plant or tree growth, structure or partition erected for the
               purpose of enclosing or dividing a piece of land or for the purpose of preventing
               intrusion from without or straying from within.

               FRONT SIDE OF BUILDING: The side or sides of the main building located on
               the lot which side or sides face a street.

               REPAIR OR REPLACEMENT: Repair or reconstruction or substitution of the
               materials representing fifty percent (50%) or more of the total materials
               constituting the side of the existing fence to be affected.
b.   Regulations.

     (1) Fences in which the opening between the materials of which the fence is
         constructed represent less than seventy percent (70%) of the total surface may
         be erected as follows:

         i.    To a height not exceeding four feet along the boundaries of a lot; or

         ii.     If of wooden or wood simulated construction to a height of no more
               than six (6) feet along the property lines of the lot, provided the fence
               does not extend toward the street beyond the front side or sides of the
               primary building located on the lot.

     (2) Fences in which the opening between the materials of which the fence is
         constructed represent more than seventy percent (70%) of the total surface
         may be erected as follows:

         i.    To a height not exceeding four (4) feet along the boundaries of a lot
               which extend toward the street beyond the front side or sides of the
               primary building located on the lot; or

         ii.     To a height not exceeding six (6) feet along the property lines of the
               lot, provided the fence does not extend toward the street beyond the front
               side or sides of the primary building located on the lot.

     (3) No fence shall be erected or replaced:

         i.    Within twenty-five (25) feet of the intersection of two (2) street lines
               (improved streets only); or

         ii.    Within five (5) feet of the property line adjacent to an (improved) alley.

     (4) All fences shall be constructed of materials which are generally accepted and
         used as and for fencing, excluding those materials which are prohibited by
         other provisions of the City ordinances of Scott City to be used as fencing
         materials. All fence material to be approved by the Building Inspector at time
         of permit approval.

     (5) The percent of opening between the materials of which a fence is constructed
         shall be considered the openings visible from all exterior points of the fence
         when viewing the fence along a projected line being extended from each such
         exterior point perpendicularly to the fence.

c.   Prohibited fences.

     (1) Barbed wire fence. All fences having wire or metal prongs or spikes or
         cutting points or edges of any kind whatsoever shall be prohibited on property
         located within the City's residential or commercial districts, except for the
         following purposes:

         i.    To protect public utilities or City facilities.
                   ii.     For the purpose of enclosing pastures of livestock allowed to be
                          maintained on residential property as set forth in Section 215.160 of the
                          Scott City Code.

               (2) No electric fence shall be located in any residential or commercial district
                   within the City, except under the following circumstances:

                   i.     In any residential or commercial property where livestock is allowed to
                          be kept pursuant to the provisions of Section 215.160 of the Code.

                   ii.     To protect gardens or flower beds from destruction by wild or domestic
                          animals.

                   iii.    No electric fence shall be located in any industrial area, except for the
                          express purpose of providing security to unattended buildings.

                   iv.      Notwithstanding the above provisions, no electric fence shall be erected
                          on any property located within City limits, unless the voltage carried by
                          such fence is less than five (5) volts and the fence is properly flagged to
                          identify its location.

          d.   Permit required. In all instances where a fence is to be erected, a permit shall be
               obtained prior to such placement or replacement of said fence. An application for
               such permit shall be delivered to the Building Inspector of the City of Scott City,
               which said application shall contain a diagram showing the location of the
               buildings upon the lot and the location of the fence to be erected or replaced on
               said lot. The application shall then be approved or disapproved by the Building
               Inspector as required for building permits in Scott City. Enforcement of this
               ordinance effective as of January 1, 2009.

E.         Lot Area Requirements─Private Sanitary Facilities. Any other regulations of this
     Chapter notwithstanding, in any district, except "A-1", where public water and sanitary
     facilities are not accessible, the lot area per family and lot frontage requirements otherwise
     specified for residential uses shall be increased as follows:

     1.       Sewerage and/or water not available. Where public sewerage and/or public water
          supplies are not accessible:

          Wells and sewerage disposal systems shall be installed in strict accordance with State of
          Missouri Division of Public Health, Soil Conservation Service, and Water Pollution
          Board specifications. On-site percolation test results, site gradient, and subsurface
          geology shall directly affect the type, design and method of installation of those
          systems.

     2.        "A-1" Standards prevail. Where public water supply and sewerage are accessible
          in the "A-1" District, the lot area and frontage requirements specified for "A-1" District
          shall still apply as set forth in Section 400.150 of this Chapter. (Ord. No. 28 Art. VIII
          §82, 8-18-80; Ord. No. 123 §1, 3-19-84; Ord. No. 313 §9, 10-1-90; Ord. No. 566 §1, 7-
          7-97; Ord. No. 567 §1, 7-7-97; Ord. No. 850 §1, 12-15-08)
                                   ARTICLE V. ZONING ADMINISTRATION


SECTION 400.250:             ENFORCEMENT BY ZONING INSPECTOR

   There is hereby established the office of Zoning Inspector and for the purposes of this
   Chapter, the office of building Inspector of the City of Scott City is hereby designated as
   said Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Chapter in
   accordance with the Administrative provisions of this Chapter. All departments, officials
   and public employees of the City of Scott City vested with the duty or authority to issue
   permits or licenses, shall conform to the provisions of this Chapter and shall issue no permit
   or license for any use, building or purpose in conflict with the provisions of this Chapter.
   Any permit or license, issued in conflict with the provisions of this Chapter, shall be null and
   void. (Ord. No. 28 Art. IX §91.1, 8-18-80)


SECTION 400.260:             FILING PLANS

   Every application for a Zoning Clearance Permit shall be accompanied by plans in duplicate,
   drawn to scale on the form, showing the actual shape and dimensions of the lot to be built
   upon or to be changed in its use, in whole or in part; the exact location, size and height of
   any building or structure to be erected or altered; in the case of a proposed new building or
   structure or proposed alteration of an existing building or structure as would substantially
   alter its appearance, drawings or sketches showing the front, side rear elevations of the
   proposed building or structure, or of the structure as it will appear after the work for which a
   permit is sought shall have been completed; the existing and intended use of each building or
   structure or part thereof; the number of families or house-keeping units the building is
   designed to accommodate; and, when no buildings are involved, the location of the present
   use and proposed use to be made of the lot; and such other information with regard to the lot
   and neighboring lots as may be necessary to determine and provide for the enforcement of
   this Chapter.

   One (1) copy of such application and plans shall be returned to the applicant when such
   plans shall have been approved by the Zoning Inspector, together with such Zoning
   Clearance Permit as may be granted. All dimensions shown on these plans related to the
   location and size of the lot to be built upon, shall be based on actual survey. The lot and
   location of the building hereon shall be staked out on the ground before construction is
   started. (Ord. No. 28 Art. IX §91.2, 8-18-80)


SECTION 400.270:             CERTIFICATE OF UTILITY APPROVAL

   In every case where the lot is not provided and is not proposed to be provided with public
   water supply and/or the disposal of sanitary wastes by means of public sewers, the
   application shall be accompanied by Certificate of Approval by the Zoning Inspector of the
   proposed method of water supply and/or disposal of sanitary wastes and proof of
   conformance to State and Federal Public Health and Water Pollution Codes.
   (Ord. No. 28 Art. IX §91.3, 8-18-80)
SECTION 400.280:                ZONING CLEARANCE PERMIT

     It shall be unlawful for any owner, lessee or tenant to use or to permit the use of any
     structure, building or land, or part thereof, hereafter created, erected, changed, converted or
     enlarged, wholly or partly, until a Zoning Clearance Permit shall have been issued by the
     Zoning Inspector. Such Zoning Permit shall show that such building or premises or a part
     thereof, and the proposed use thereof, are in conformity with the provisions of this Chapter.
     It shall be the duty of the Zoning Inspector to issue a Zoning Clearance Permit, provided he
     is satisfied that the structure, building or premises, and the proposed use thereof, and the
     proposed methods of water supply and disposal of sanitary wastes, conform with all the
     requirements of this Chapter. (Ord. No. 28 Art. IX §91.4, 8-18-80)


SECTION 400.290:                BUILDING PLAT REQUIRED─FEE

     All applications for Zoning Clearance Permits shall be accompanied by a plat drawn to scale
     showing the actual dimensions of the lots to be built upon, the size and location of the
     building to be erected and such other information as may be necessary to provide for the
     enforcement of these regulations. No Zoning Clearance Permit shall be issued until a fee of
     five dollars ($5.00) shall have been paid. (Ord. No. 28 Art. IX §91.5, 8-18-80)


SECTION 400.300:                CERTIFICATE OF OCCUPANCY

     It shall be unlawful for any owner, lessee or tenant to occupy any structure, building or land,
     or part thereof, hereafter erected, created, changed, converted or enlarged until an
     endorsement of the Certificate of Occupancy shall have been accomplished by the Zoning
     Inspector after inspection. Such Certificate of Occupancy shall show and certify that such
     building structure or premises has been constructed, altered or improved in compliance with
     the provisions of this Chapter, and all other applicable codes or ordinances and all conditions
     and requirements, if any, stipulated by the Board of Adjustment or other proper authority.
     (Ord. No. 28 Art. IX §91.6, 8-18-80)


SECTION 400.310:                INSPECTOR TO ACT WITHIN THIRTY DAYS

     The Zoning Inspector shall act upon all such applications on which he is authorized to act by
     the provisions of this Chapter within thirty (30) days after they are filed in full compliance
     with all the applicable requirements. He shall either issue a Zoning Clearance Permit within
     said thirty (30) days or shall notify the applicant in writing of his refusal of such Certificate
     and the reasons therefor. Failure to notify the applicant in case of such refusal within said
     thirty (30) days shall entitle the applicant to a Zoning Clearance Permit unless the applicant
     consents to an extension of time.
     (Ord. No. 28 Art. IX §91.7, 8-18-80)


SECTION 400.320:                ZONING BOARD OF ADJUSTMENT

A.         Appointment. A Board of Adjustment is hereby created. The Board shall consist of
     five (5) members appointed by the Mayor and approved by the City Council, 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 for a term of three (3) years, one for a term of two (2) years, and one for a term of
     one (1) year. Members shall be removable for cause by the Mayor and City Council upon
     written charges and after public hearing. Vacancies shall be filled for the unexpired term of
     any member whose term becomes vacant.

B.        Procedure. 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.         Appeals. 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 Inspector. Such appeal
     shall be taken within such time as prescribed by the Board by general rule, by filing with the
     Zoning Inspector, a notice of appeal specifying the grounds thereof. A fee of the cost of
     publishing a legal notice shall accompany all notices of appeal. The Zoning Inspector shall
     forthwith transmit to the Board all papers constituting the record upon which the action
     appealed was taken.

D.         Powers. The Board of Adjustment shall have the following powers subject to appeals
     to the Circuit Court of Scott County within thirty (30) days after filing of the decision in the
     office of the Board:

     1.        Decide appeals. To hear and decide appeals where it is alleged there is an error in
          any order, requirement, decision or determination made by the Zoning Inspector in the
          enforcement of this Chapter, and may affirm or reverse, in whole or part, said decision
          of the enforcement officer.

     2.        Hear variances. To hear request for variances from the literal provisions of this
          Chapter which 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 this Chapter. The Board of Adjustment shall not permit, as a variance,
          any use in a district that is not permitted under this Chapter. The Board of Adjustment
          may impose conditions in the granting of variance to insure compliance to protect
          adjacent property.

     3.        Hold public hearings. To hold public hearings on, and decide the exceptions to or
          variations of this Chapter.

     4.        Permit extensions. 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.

     5.        Interpretation. 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.

     6.        Permit reconstruction.     Permit reconstruction of a non-conforming building
        otherwise prohibited by Section 400.070 (2)(c) where such action would not constitute
        continuation of a monopoly.

   7.        Yard variances. 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.

   8.       Parking variances. 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.
        (Ord. No. 28 Art. IX §92, 8-18-80)


                                  ARTICLE VI. VIOLATIONS AND PENALTIES


SECTION 400.330:             VIOLATIONS AND PENALTIES

   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 such 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 any building or premises in or upon which such violation
   shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars
   ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such
   violation continues, but if the offense be willful, on conviction thereof, the punishment shall
   be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty
   dollars ($250.00) for each and every day that such violation shall continue or by
   imprisonment 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 provisions 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).


                                  ARTICLE VII. AMENDMENTS


SECTION 400.340:             COUNCIL MAY AMEND CHAPTER

   Whenever the public necessity, convenience, general welfare or good zoning practice
   require, the City Council may by ordinance, after recommendation thereon by the City
   Planning Commission and subject to the procedure provided in this Article, amend,
   supplement or change the regulations, district boundaries or classifications or property, now
   or hereafter established by this Chapter or amendments thereof. It shall be the duty of the
   Planning Commission to submit its recommendations regarding all applications or proposals
   for amendments or supplements. An amendment, supplement, reclassification or change
     may be initiated by the Commission on its own motion or by a verified application of one (1)
     or more of the owners or lessees of property within the area proposed to be changed or
     affected by this Chapter. (Ord. No. 28 Art. X §111, 8-18-80)


SECTION 400.350:               PROCEDURE FOR CHANGE

A.         Applications for Change. Applications for any change of district boundaries or
     classifications or property as shown on the Zoning Map, and for regulation amendments,
     shall be submitted to the Planning Commission, at its public office, upon such forms, and all
     shall be accompanied by such data and information, as may be prescribed for that purpose by
     the Commission, so as to assure the fullest practicable presentation of facts for the
     permanent record. Such data shall include in any event a plat or map drawn to a scale of not
     less than two hundred (200) feet to the inch showing the land in question, its locations, the
     length and location of each boundary thereof, the location of properties within three hundred
     (300) feet of such land. Each such application shall be verified by at least one (1) of the
     owners or lessees of property within the area proposed to be reclassified, attesting to the
     truth and correctness of all facts and information presented with the application.
     Applications for amendments or district changes initiated by the Commission itself shall be
     accompanied by its own motion pertaining to such proposed amendment.

B.         List of Property Owners. Any person or persons desiring a change in the zoning
     classification of property shall file with the application for such change a statement giving
     the names and addresses of the owners of all properties lying within three hundred (300) feet
     of any part of the exterior boundaries of the premises the zoning classification of which is
     proposed to be changed.

C.        Payment Of Administrative Expenses. Upon receipt of the application and list of
     property owners, the City Clerk shall certify the accuracy of the list of property owners to
     the Planning Commission, City Council and to the applicant, prior to any notices of the
     public hearing. The application and supporting documents shall be accompanied by a
     payment to the City in the sum of two hundred dollars ($200.00) to cover the cost of
     publication of notice, the cost of mailing the notices to the list of property owners, and to
     cover the City's costs to verify the list of property owners, plus an additional five dollars
     ($5.00) for each and every property owner on the list in excess of twenty-five (25) property
     owners. (Ord. No. 28 Art. X §112, 8-18-80; Ord. No. 493 §1, 9-5-95)


SECTION 400.360:               COMMISSION HEARING NOTICE

A.         Notice of Public Hearing. Before submitting its recommendations to the City Council,
     the Planning Commission shall hold at least one (1) public hearing thereon, notice of which
     shall be given by one (1) publication in a newspaper of general circulation in the City at least
     fifteen (15) days before the date of such hearing.

B.        Commission─Recommendations.         The Commission may recommend that the
     application be granted as requested, or it may recommend a modification of the zoning
     amendment requested in the application, or it may recommend that the application be denied.
     These recommendations shall then be certified to the Council.
     (Ord. No. 28 Art. X §113, 8-18-80)
SECTION 400.370:               CITY COUNCIL HEARING

A.         Public Hearing. After receiving from the Commission the certification of said
     recommendations on the proposed amendment or supplement, and before adoption of such
     amendment, the City Council shall hold a public hearing thereon, at least fifteen (15) days
     notice of the time and place of which shall be given by publication in a newspaper of general
     circulation in the City.

B.        Council─Final Action.      Following such hearing and after reviewing the
     recommendations of the Commission thereon, the City Council shall consider such
     recommendations and vote on the passage of the proposed amendment to the text of this
     Chapter or the Zoning Map. The City Council may over-rule the recommendations of the
     Commission by three-fourths (¾) vote of the full membership of the Council. (Ord. No. 28
     Art. X §114, 8-18-80)


SECTION 400.380:            MAP CHANGE               PENDING─ZONING             CERTIFICATE,
                        BUILDING PERMIT

     Whenever the City Council has taken under advisement a change or amendment of the
     Zoning Map from a less restricted district to a more restricted district classification, as
     evidenced by resolution or record, no zoning certificate or building permit shall be issued
     within sixty (60) days from the date of such resolution which would authorize the
     construction of a building or the establishment of a use which would become non-
     conforming under the contemplated redistricting plan.
     (Ord. No. 28 Art. X §115, 8-18-80)


SECTION 400.390:               SPECIAL USE PERMIT

A.        Subject to the provisions of this Section, the City Council of the City of Scott City
     may, after a public hearing before the City Council, and after study and report by the City
     Planning and Zoning Commission, authorize the special uses enumerated in this Section,
     which uses are otherwise prohibited in the district in which said use is to be located.

B.         Application For Permits. Application for Special Use Permits, along with the
     necessary legal description, site plan, descriptive materials relating to the intensity and
     extent of use, and the list of property owners within three hundred (300) feet, shall be made
     to the City Administrator. All applications shall be accompanied by an application fee in the
     sum of two hundred dollars ($200.00) to cover the City's administrative costs, review of the
     special permit application, verifying the list of property owners, publication costs, mailing
     expense to property owners on the list, plus an additional five dollars ($5.00) for each and
     every property owner to be notified in excess of twenty-five (25) property owners.

C.         Planning And Zoning Commission Review. The application and all related materials
     shall be submitted to the Planning and Zoning Commission for evaluation. All special use
     permit applications shall contain such information and shall be processed in the same
     manner as provided for in Section 400.350, Section 400.360 and Section 400.370 of the City
     Code, relating to zoning changes.
D.          Zoning Code Districts. Each of the zoning code districts enumerated in Section
       400.040 of the Scott City Code is hereby assigned a use level, as follows:

            Zoning Code District                Use Level

            "A-1" Agriculture District               Level I
            "R-1" Single Family Residence      Level II
            "R-2" Multiple-Family Residence          Level III
            "C-1" General Business District    Level IV
            "C-2" Highway Commercial District        Level V
            "I-1" Light Industrial District Level VI
            "F-1" Flood Plain District     Level VII
            "M-1" Manufactured/Mobile Home District                                           Level
VIII

E.     Standards Relating To Special Use Permits. All applications for Special Use Permits within
       a Zoning District shall be evaluated based on the following:

       1.   The application must be for a special use, which would only be permissible in a zoning
            code district of a higher use level. For example, a request to construct a single family
            house (R-1) in a multi-family area (R-2) is permissible since a structure allowed in
            Level II would be built in a Level III use area.

       2.   The site plan meets the standards required of the Zoning Code and other applicable
            regulations with respect to the proposed development or use.

       3.   Existing buildings proposed to be converted to uses requiring a "Special Use Permit"
            must meet all current fire, health, building, plumbing, and electrical requirements of the
            City.

       4.   The proposed site plan does not interfere with easements, roadways, rail lines, utilities,
            and public or private rights-of-way.

       5.   The proposed site plan does not destroy, damage, detrimentally modify or interfere with
            the enjoyment and function of significant natural topographical or physical features of
            the site.

       6.  The proposed use is not injurious or detrimental to the use and enjoyment of
           surrounding property.
       7. The proposed use does not create hazards to safety on or off the site, and does not cause
          undue interference or inconvenience to vehicular and pedestrian travel on or off the site.

       8.   The proposed site plan provides adequate shielding, by means of open spaces, buffer
            strips, screen walls, fences, hedges or landscaping, for the protection of nearby uses
            which may be incompatible with the proposed use.

       9.   The proposed use is compatible with other land uses in the general neighborhood area.

       10. The proposed site plan does not create drainage or erosion problems on or off the site.

       11. The proposed site plan does not substantially increase fire hazards.
     12. The proposed site plan does not overtax public utilities.

F.   In granting a "Special Use Permit" the City Council may impose, and the Planning and
     Zoning Commission may recommend, appropriate conditions and safeguards as may be
     deemed necessary to insure compliance with the requirements of this Zoning Code and to
     protect adjacent property and conserve property values.

G. Split Uses. Planning and Zoning Commission may recommend and the City Council may
   approve a Special Use Permit for a portion of the applicant's premises or separate use
   permits for different uses on the same premises, provided all standards required in
   Subsection (E) of this Section are complied with.

H. Special Use Permits Are Personal. All Special Use Permits shall be personal to applicant
   and applicant's spouse and are not subject to transfer or assignment by the applicant or
   applicant's spouse and shall not pass to the heirs of the applicant or applicant's spouse upon
   their death.

I.   Yearly Review. The Building Inspector shall review all Special Use Permits previously
     granted on a yearly basis and report his findings to the Planning and Zoning Commission.
     Upon receipt of said report, if the Planning and Zoning Commission determines any
     condition or standard required to be complied with in the grant of the Special Use Permit has
     been violated, the Planning and Zoning Commission may recommend to the City Council
     revocation or suspension of the Special Use Permit.

J.   Revocation Or Suspension. The City Council may, after reasonable notice to the owner and
     a hearing, revoke or suspend any Special Use Permit herein granted, with or without the
     recommendation of the Planning and Zoning Commission, upon the finding that the owner
     of the premises for which the Special Use Permit has been granted has violated any of the
     covenants or standards required in granting the Special Use Permit, has allowed any
     nuisance on the premises as defined by City ordinances, or has permitted criminal activity to
     be conducted upon the premises. (Ord. No. 469 §1, 4-3-95; Ord. No. 478 §§1─2, 7-3-95;
     Ord. No. 494 §1, 9-5-95; Ord. No. 718 §11, 3-17-03)



                              CHAPTER 405: SUBDIVISION REGULATIONS


SECTION 405.010:               SHORT TITLE

     This Chapter shall be known and may be cited as the Subdivision Regulations of the City of
     Scott City, Missouri. (CC §43.010)


SECTION 405.020:               DEFINITIONS

     For the purpose of interpreting this Chapter, certain terms are defined, as follows:

     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.
   LOT: A parcel of land occupied or intended for occupancy by a building together with its
   accessory buildings, including open space for light and air as required by this Chapter.

   MAJOR SUBDIVISION: A division of a parcel of land into four (4) or more lots or a
   division of a parcel of land dedicating streets, alleys or utilities to the public.

   MINOR SUBDIVISION: A division of a parcel of land of less than four (4) lots with no
   street or utilities to be dedicated to the public.

   OPEN SPACE─PUBLIC: Land which may be dedicated or reserved for acquisition for
   general use by the public, including parks, recreation areas, school sites, community or
   public building sites, and other lands.

   PLANNING COMMISSION: The Scott City Planning Commission.

   STREETS: A way for vehicular traffic, whether designated as an avenue, boulevard, road,
   highway, expressway, land, alley, or other way, and for the purpose of this Chapter, "streets"
   are divided into the following categories:

   1.    Major streets and highways are those which are used primarily for fast or heavy
        through traffic.

   2.   Collector streets are those which provide for traffic movement between major streets
        and highways and local streets including principal entrance streets of residential
        developments and street for circulation within such developments.

   3.    Local streets are those used primarily to provide direct access to individual lots and for
        local traffic movements.

   4.   Alleys are passage ways affording generally secondary means of vehicular access to
        abutting properties and not intended for general traffic circulation.

   5.   Cul-de-sacs are neighborhood streets with only one (1) outlet, sometimes called "dead-
        end" streets, having a vehicular turn-around at the terminated end. (CC §43.020; Ord.
        No. 794 §§1─2, 12-19-05)



SECTION 405.030:             PLATTING AUTHORITY

   The Planning Commission is the official platting authority, and no plat of land subdivision
   lying within the municipality shall be filed or recorded by the appropriate County Recorder
   unless the plat has been endorsed by the Planning Commission. The filing or recording of a
   plat of a subdivision without the approval of the Planning Commission as required by this
   Chapter is declared to be a misdemeanor, punishable by law. (CC §43.030)


SECTION 405.032:             PROVISIONS RELATING TO MAJOR SUBDIVISIONS

   The provisions set forth in Section 405.040 through Section 405.250 shall apply to all major
   subdivisions. (Ord. No. 794 §3, 12-19-05)
SECTION 405.035:               PROVISIONS RELATING TO MINOR SUBDIVISIONS

A. When a minor subdivision is proposed by any subdivider, the subdivider shall submit a plat
   to the Planning and Zoning Commission. Said plat shall contain all information required in
   Section 405.070(D) relating to information contained in a preliminary plat for major
   subdivisions. The subdivider shall provide five (5) copies of the plat to the Planning and
   Zoning Commission to be provided to all persons set forth in Section 405.080(4).

B.   The Planning and Zoning Commission shall review the plat as set forth in Section 405.090.
     Thereafter, if approved, the Planning and Zoning Commission shall cause the plat to be
     recorded as provided in Section 405.100, after it has been certified by all necessary persons
     as set forth in Section 405.120 through Section 405.150 and payment of the actual cost
     involved in the approval of the subdivision as set forth in Section 405.255. (Ord. No. 794
     §4, 12-19-05)


SECTION 405.040:               PRE-APPLICATION PROCEDURE

     Whenever a subdivision of a tract of land within the City of Scott City is proposed, the
     subdivider is urged to consult early and informally with the secretary or a designated
     member of the Planning Commission. The subdivider may submit comprehensive plans and
     data showing existing conditions within the site and in its vicinity and the proposed layout
     and development of the subdivision. No fee shall be charged for the pre-application review
     and no formal application shall be required.

     1.    The purpose of the pre-application review is to afford the subdivider an opportunity to
          avail himself of the advice and assistance of the Planning Commission in order to
          facilitate the subsequent preparation and approval of plans.

          At this stage, the subdivider should also consult with any lending institution that will be
          participating in the financing of his proposed development and with the Federal
          Housing Administration of the Housing and Home Finance Agency that may be
          insuring mortgages on houses that may be built in this land subdivision.

     2.    The various plat reviews required by this Chapter may properly be made by the
          secretary or a designated member of the Planning Commission. It would be wasteful of
          time for the entire membership to review a proposed land subdivision, except in cases
          of conflict or unusual and difficult problems. Approval or disapproval in every case
          must be by action of the Commission. (CC §43.070)


SECTION 405.050:               APPLICATION FOR PRELIMINARY PLAT APPROVAL

     Following the pre-application review of a proposed subdivision, the subdivider shall submit
     to the Chairman of the Planning Commission, at least fifteen (15) days prior to the next
     regular meeting of the Planning Commission, the following:

     1.   A letter requesting review and approval of a preliminary plat and giving the name and
          address of a person to whom the notice of the hearing by the Planning Commission on
          the preliminary plat shall be sent;

     2.   Five (5) copies of the preliminary plat and other documents, as specified in Section
          405.070, et seq.

     3.   A preliminary plat filing fee as set by ordinance.

     4.    Five (5) copies of the preliminary plat and other documents are suggested to provide a
          review and record copy for:

          a.          Planning Commission;

          b.          Subdivider;

          c.          City Building Inspector;

          d.          City Maintenance Department (for record);

          e.          County Health Office. (CC §43.080)


SECTION 405.060:                REVIEW OF PRELIMINARY PLAT

A. The Planning Commission shall check the plat for conformance to the rules and regulations
   of this Chapter and shall afford a hearing on the preliminary plat, notice of the time and
   place of which shall be sent by the secretary of the Planning Commission by registered or
   certified mail to the person designated in the letter requesting preliminary plat review and
   approval, not less than five (5) days prior to the date of the hearing.

B.   Thereafter, the Planning Commission shall give tentative approval or disapproval to the
     preliminary plat. A notation of the action shall be made on two (2) copies of the preliminary
     plat, including a statement of the reasons for disapproval if the preliminary plat is
     disapproved. One (1) copy shall be returned to the subdivider or his agent and one (1) copy
     added to the records of the Planning Commission.

C.   Tentative approval of a preliminary plat does not constitute approval of a final plat. It
     indicates only approval of the layout as a guide to the preparation of the final plat. Tentative
     approval shall expire and be null and void after a period of one (1) year unless an extension
     of time is applied for by the subdivider or his representative and approved by the Planning
     Commission.

D. If action on a preliminary plat is not taken by the Planning Commission within sixty (60)
   days of the date of submittal, the preliminary plat shall be considered approved and a
   certificate of approval shall be issued on demand. However, the applicant for approval may
   waive this requirement and consent to an extension of time.
   (CC §43.090)

SECTION 405.070:                PRELIMINARY PLAT SPECIFICATIONS

A. Scale. The preliminary plat shall be clearly and legibly drawn at a scale not smaller than one
   hundred (100) feet to one (1) inch.
B.   Sheet Size. Sheet size shall be twenty by twenty (20 x 20) inches, or shall be the sheet size
     required by the appropriate County Recorder for recording purposes. If the
     complete plat cannot be shown on one (1) sheet of this size, it may be shown on more than
     one (1) sheet with an index map on a separate sheet of the same size.

C.   Ground Elevations. The preliminary plat shall show ground elevations, based on the datum
     plane of the U.S. Coast and Geodetic Survey or a datum plane approved by the City
     Engineer as follows:

     1.   For land with slopes less than approximately two percent (2%) show spot elevations at
          all breaks in grade, along all drainage channels or swales, and at selected points not
          more than one hundred (100) feet apart in all directions;

     2.   For all slopes more than approximately two percent (2%);

          a.          If the ground slope is irregular, show contours with an interval of not more
               than two (2) feet; and

          b.          If the ground slope is regular, show contours with an interval of not more
               than five (5) feet; and

     3.   A tie to one (1) or more bench marks shall be shown.

D. Information to be Provided on Preliminary Plat. The preliminary plat shall contain the
   following information:

     1.   Title.

     2.   Name and address of owner of record and of subdivider.

     3.   Proposed name of subdivision and its acreage.

     4.   North point and graphic scale and date.

     5.   Vicinity map showing location and acreage of subdivision.

     6.   Exact boundary lines of the tract by bearing and distances.

     7.   Names of owners of record of adjoining land.

     8.   Existing streets, utilities, and easements on and adjacent to the tract.

     9.   Proposed design including streets and alleys with proposed street names, lot lines with
          approximate dimensions, easements, land to be reserved or dedicated for public use,
          and any land to be used for purposes other than single-family dwellings.

     10. Block numbers and lot numbers.

     11. Provisions for water supply, sewerage, and drainage.

     12. Minimum building front yard set-back lines.
    13. Such street cross-section and center-line profiles as may be required by the City
        Engineer.

    14. Presenting zoning classification. (CC §43.100)



SECTION 405.080:               APPLICATION FOR FINAL PLAT APPROVAL

    After the preliminary plat of a proposed subdivision has been given tentative approval by the
    Planning Commission, the subdivider may, within one (1) year from tentative approval,
    submit to the Planning Commission:

    1.   A letter requesting review and approval of a final plat, giving the name and address of
         the person to whom the notice of the hearing by the Planning Commission on the final
         plat shall be sent.

    2.   Five (5) copies of the final plat and other documents, as specified in Section 405.050 et
         seq., plus the original which shall be drawn in permanent ink on permanent
         reproducible material, equal to the standards required by the appropriate County
         Recorder.

    3.   A State plan coordinate systems disk containing the plat of the subdivision, to be
         retained by the City.

    4.   A final plat filing fee as set by ordinance.

    5.   The five (5) copies required here would provide:

         a.   One (1) original plat to be recorded in the files of the appropriate County Recorder;

         b.   One (1) copy of the records of the Planning Commission;

         c.   One (1) copy for Governing Body;

         d.   One (1) copy for the City Engineer; and

         e.   One (1) copy for return to the subdivider with inscriptions of the Planning
              Commission thereon (a permanent reproducible copy showing the filing reference
              and approval statement and signature of the Chairman of the Planning
              Commission). (CC §43.110; Ord. No. 814 §1, 2-5-07)


SECTION 405.090:               REVIEW OF FINAL PLAT

A. The Planning Commission shall check the final plat for conformance with the tentatively
   approved preliminary plat, and with the rules and regulations of Chapter 400, and shall
   afford a hearing on the final plat, notice of the time and place of which shall be sent by the
   secretary of the Planning Commission by registered or certified mail to the person
   designated in the letter requesting final review and approval, not less than five (5) days prior
   to the date of the hearing.
B.   Thereafter, the Planning Commission shall approve or disapprove the final plat. A notation
     of the action of the Planning Commission shall be made on the original drawing and all
     copies of the final plat, including a statement of the reasons for disapproval if the final plat is
     disapproved. If action on a final plat is not taken by the Planning Commission within sixty
     (60) days of the date of submittal, the final plat shall be considered approved and a
     certificate of approval shall be issued on demand. However, the applicant for approval may
     waive this requirement and consent to an extension of time. (CC §43.120)


SECTION 405.100:                RECORDING OF FINAL PLAT

     Upon approval of a final plat, the Chairman of the Planning Commission shall have the final
     plat recorded by the County Recorder at the County Court. The subdivider shall be
     responsible for the payment of the recording fee at the time of submitting the final plat as
     provided in Section 405.080. (CC §43.140)


SECTION 405.110:                FINAL PLAT SPECIFICATIONS

     The final plat shall conform to and meet the specifications of the preliminary plat (Section
     405.070) with the following additions:

     1.   Bearings and distances to the nearest existing street lines or bench marks or other
          permanent monuments (not less than three (3)) shall be accurately described on the plat.

     2.   Municipal, County and land-lot lines accurately tied to the lines of the subdivision by
          distance and angles when such lines traverse or are reasonably close the subdivision.

     3.    Exact boundary lines of the tract, determined by an engineering field survey, giving
          distances to the nearest one-tenth (1/10) foot and angles to the nearest minute, which
          shall be balanced and closed with an error closure not to exceed one (1) to five thousand
          (5,000).

     4.   Name of subdivision, exact location, widths, and names of all streets and alleys within
          and immediately adjoining the tract.

     5.    Street center lines showing angles of deflection, angles of intersection, radii, and
          lengths of tangents.

     6.   Lot lines with dimensions to the nearest one-tenth (1/10) foot and bearings.

     7.   Lots numbered in numerical order and blocks lettered alphabetically.

     8.   Location, dimensions and purposes of any easements and any areas to be reserved or
          dedicated for public use.

     9.   Accurate location, material and description of existing and proposed monuments and
          markers.

     10. A statement, either directly on the plat or in an identified attached document, of any
         private covenants. (CC §43.150)
SECTION 405.120:                ENGINEER'S OR SURVEYOR'S CERTIFICATION

     An engineer's or surveyor's certification shall be placed directly on the final plat as follows:
     "It is hereby certified that this plat is true and correct and was prepared from an actual
     survey of the property by me or under my supervision; and that all monuments shown hereon
     actually exist or are marked as "Future", and their location, size, type, and material are
     correctly shown; and that all engineering requirements of the subdivision regulations of the
     City of Scott City, Missouri, have been fully complied with." (CC §43.160)


SECTION 405.130:                OWNER'S CERTIFICATION

     An owner's certification shall be placed on the final plat, as follows:

     "The owner of the land shown on this plat and whose name is subscribed hereto, in person or
     through a duly authorized agent, certifies this plat was made from an actual survey, that all
     State, City and County taxes or other assessments now due on this land have been paid."
     (CC §43.170)


SECTION 405.140:             CERTIFICATION OF THE CITY ENGINEER, COUNTY
                         HEALTH OFFICER, OR CITY ATTORNEY

A. The City Engineer, or other responsible official shall certify that the streets, drainage,
   utilities and other improvements indicated on the plat have been completed to proper
   specifications and per design standards. Where the required improvements have not been
   completed, the City shall require the owner to post a bond or other security to insure the
   completion of the required improvements, and the City Attorney shall certify that approved
   bond, or security has been posted to insure their completion.

B.   Where septic tanks are to be used in lieu of public sewerage, the County Health Officer or
     local health authority shall certify that adequate septic tanks have been installed to
     specifications and that lot areas shown on the plat are adequate to accommodate individual
     septic tanks. (CC §43.180)


SECTION 405.150:                CERTIFICATE OF DEDICATION

     A certification by the owner setting forth the description of the areas and improvements he
     dedicates to the public and the extent of the title which he is dedicating shall be attached to
     the final plat. This certificate shall be approved as to form by the City Attorney. (CC
     §43.190)


SECTION 405.160:                COPY OF OFFICIAL ACTION BY GOVERNING BODY

     A copy of the ordinance or resolution adopted by the governing body accepting streets,
     improvements, easements, and any other property dedicated by the owner for public use, as
     indicated on the final plat, shall be attached to the final plat before recording. (CC §43.200)
SECTION 405.170:             A CERTIFICATE OF APPROVAL OF THE FINAL PLAT
                         BY THE PLANNING COMMISSION

     The Chairman of the Planning Commission shall include a certificate of approval of the final
     plat directly on the plat, as follows:

     "All the requirements of approval having been fulfilled pursuant to the subdivision
     regulations of the City of Scott City, Missouri, this final plat was given final approval by the
     Scott City Planning Commission effective                  19 .


     Date                Chairman, Scott City Planning Commission."
     (CC § 43.210)


SECTION 405.180:                SUITABILITY OF LAND

     Land subject to flooding, improper drainage, erosion or that is, for topographical or other
     reasons, unsuitable for residential use shall not be platted for residential use nor for any other
     use that will increase the danger of health, safety, or property destruction, unless the hazards
     can be and are corrected. (CC § 43.220)


SECTION 405.190:                NAME OF SUBDIVISION

     The name of the subdivision must have the approval of the Planning Commission. The
     name shall not duplicate or closely approximate the name of an existing subdivision. (CC §
     43.230)


SECTION 405.200:                ACCESS

     Access to every subdivision shall be provided over a public street.
     (CC § 43.240)


SECTION 405.210:             CONFORMANCE     TO     ADOPTED                                  MAJOR
                         THOROUGHFARE AND OTHER PLANS

A. All streets and other features of the major thoroughfare plan of the City of Scott City,
   Missouri, shall be platted by the subdivider in the location and to the dimensions indicated
   on the major thoroughfare plan adopted by the Planning Commission.

B.   When features of other plans adopted by the Planning Commission (such as schools or other
     public building sites, parks, or other land for public uses) are located in whole or in part in a
     land subdivision, such features shall be either dedicated or reserved by the subdivider for
     acquisition within a reasonable time by the appropriate public agency.

C.   Whenever a plat proposes the dedication of land to public uses that the Planning
     Commission finds not required or suitable for such public use, the Planning Commission
     shall refuse to approve the plat, and shall notify the governing body of the reasons for such
     action.

     1.    One of the primary purposes and advantages of planning for the dedication and
          reservation of property for public use is to indicate areas which may be presently
          acquired at acreage prices rather than at greatly increased prices in the future and where
          future improvements would increase the expense to the taxpayer and create
          inconvenience for the individual property owner and for the neighborhood.

     2.    Where the public use to be made of the property and where the residents of the
          subdivision will receive primary benefit, the dedication of the property should be
          encouraged. Where the public use is for the public as a whole, the community should
          pay proportionately for the acquisition of reserved areas within a reasonable time. A
          reasonable time is to be determined according to the circumstances because the
          subdivider should not be required to hold his land idle for an indefinite period far into
          the future. (CC § 43.250)


SECTION 405.220:             GENERAL REQUIREMENTS FOR STREETS AND OTHER
                         RIGHTS-OF-WAY

A. Continuation of Existing Streets. Existing streets shall be continued at the same or greater
   width, but in no case less than the required width.

B.   Street Names. Street names shall require the approval of the Planning Commission. Streets
     that are obviously in alignment with streets already existing and named shall be given the
     name of the existing street. Names of new streets shall not duplicate or closely approximate
     those of existing streets.

C.   Street Jogs. Street jogs with center-line offsets of less than one hundred twenty-five (125)
     feet shall not be permitted.

D. Cul-De-Sacs: Except where topographic or other conditions make a greater length
   unavoidable, cul-de-sacs, or dead-end streets, shall not be greater in length than five hundred
   (500) feet. They shall be provided at the closed end with a turn-around having a property
   line radius of at least fifty (50) feet with an outside pavement radius of at least forty (40)
   feet.

E.   Alleys. Alleys may be required at the rear of all lots used for multi-family, commercial or
     industrial developments but shall not be provided in one (1) and two (2) family residential
     developments unless the subdivider provides evidence satisfactory to the Planning
     Commission of the need for alleys.

F.   Easements. Easements having a minimum width of ten (10) feet shall be provided along
     each side of rear lot lines and shall be provided, as required, for utility lines and underground
     mains and cables.

     Where a subdivision is traversed by a water course, drainage way, channel, or stream, there
     shall be provided a storm-water or drainage right-of-way of adequate width. Parallel streets
     may be required by the Planning Commission in connection therewith. (CC § 43.270)
SECTION 405.230:                STREET DESIGN REQUIREMENTS

A. Street Right-of-Way Widths. The right-of-way width shall be the distance across a street
   from property line to property line. Minimum street right-of-way widths shall be as follows:

     1.   Major streets, one hundred forty (140) feet.

     2.   Secondary streets, sixty (60) feet.

     3.   Neighborhood streets, twenty-four (24) feet.

     4.   Alleys, twenty (20) feet.

B.   Street Pavement Widths. Street pavement widths shall be as follows:

     1.   Secondary streets, thirty-six (36) feet.

     2.   Neighborhood streets, twenty-four (24) feet.

     3.   Alleys, sixteen (16) feet.

     The pavement widths are measured from curb to curb. These widths are considered the
     minimum necessary to accommodate modern traffic. Street parking must, of course, be
     considered in the pavement widths. Where no street parking is permitted or none is
     anticipated, allowances may be made. A parallel parking lane normally requires eight (8)
     feet. Only on secondary streets a moving traffic lane should have a minimum of ten (10)
     feet. On neighborhood streets where the abutting property has adequate off-street parking
     and traffic moves slower, provision for one (1) lane of parking and two (2) nine (9) foot
     traffic lanes may be adequate. (Pavement widths for major streets are normally a
     responsibility of the governing body).

C.   Street Grades. Maximum and minimum street grades shall be twelve percent (12%) and
     one-half percent (0.5%) respectively.

     These street grades maximums are considered to be the median requirements and provide
     adequate safety. Different topographical situations may necessitate adjustment. The
     minimum grade requirement is necessary for drainage purposes. In this regard, it should be
     considered that in addition to accommodating traffic, streets are the heart of the surface
     drainage system.

D. Horizontal Curvature. The minimum radii of center line curvature shall be one hundred fifty
   (150) feet.

E.   Tangents. Between reverse curves, there shall be a tangent having a length not less than one
     hundred (100) feet.

F.   Street Intersections. Street intersections shall be at right angles when possible. No street
     intersections shall be at an angle of less than sixty degrees (60°), unless required by unusual
     circumstances.
G. Curb Line Radius. The curb line radius at street intersection shall be at least fifteen (15)
   feet. Where the angle of street intersection is less than ninety degrees (90°), a longer radius
   may be required. (CC §43.280; Ord. No. 723 §§1─2, 4-21-03)


SECTION 405.240:                DESIGN STANDARDS FOR BLOCKS AND LOTS

A. Block Lengths and Widths. Block lengths and widths shall be as follows:

     1.   Blocks shall be no greater than one thousand five hundred (1500) feet nor less than six
          hundred (600) feet in length, except in unusual circumstances.

     2.    Blocks shall be wide enough to provide two (2) tiers of lots of minimum depth, except
          where abutting upon major streets or where other situations make this requirement
          impracticable.

B.   Lot Sizes.

     1.    Residential lots shall meet the lot width and lot area requirements of Chapter 400 of
          this Title.

     2.   Residential lots shall have a depth of not less than one hundred (100) feet and not
          greater than three (3) times the width of the lot at the building line, unless unusual
          circumstances make these limitations not practicable.

     3.   Where individual septic tanks are used, the Health Office shall prescribe minimum lot
          sizes to conform to health standards, which may be greater than the standards contained
          herein.

     4.   Commercial and industrial lots shall be adequate to provide service areas and off-street
          parking suitable for use intended.

     5.    Residential corner lots shall have adequate width to meet building set back
          requirements from both abutting streets.

C.   Lot Lines. All lot lines shall be perpendicular or radial to street lines, unless not practicable
     because of topographic or other features.

D. Building Lines. A building line meeting the front yard set back requirements of Chapter 400
   shall be established on all lots.

E.   Lots Abutting Public Streets. Each lot shall abut upon a dedicated public street.

F.   Double and Reverse Frontage Lots. Double frontage and reverse frontage lots should be
     avoided, except where essential to provide separation of residential development from traffic
     arteries or to overcome specific disadvantages of topography and orientation. A planted
     screen easement of at least ten (10) feet, across which there shall be no right of access, shall
     be provided along the line of lots abutting such a traffic artery or other incompatible use.
     (CC §43.290)
SECTION 405.250:               REQUIRED IMPROVEMENTS

A. Public Utilities and Streets. Prior to the approval of the final plat, an agreement shall be
   reached between the subdivider or his agent and the City Government with regard to the
   installation of any street improvements or utility construction called for on the subdivision
   plat. In certain cases, where the City Government deems necessary, the subdivider shall be
   required to have installed by appropriate City agency at his expense, or, with approval of the
   agency concerned, to install the following street improvements and utilities.

     1.   Streets, including street grading, street paving, and curbs and gutters.

     2.   Sanitary sewer lines and manholes, storm-drainage facilities, sidewalks (when
          determined by the Planning Commission to be essential for the safety of pedestrians)
          and monuments and markers.

     3.   Water mains within the subdivision with connections to each lot.

     4.   All required street improvements, utilities and monuments shall be built to standards
          specified by the agency responsible for each. All utilities to be installed in the streets
          shall be placed and compacted prior to paving.

     5.    If the required sanitary sewer line cannot be connected to a trunkline sewer at the time
          of the development of the subdivision, septic tanks shall be installed by and at the
          expense of the subdivider or lot purchaser for interim use, in conformity with the
          requirements of the Scott County Health Department or local Health Authority.

B.   Performance Bond. In lieu of the completion of such work and installations previous to the
     final approval of a plat, the City Council shall accept a surety bond providing for and
     securing the municipality the actual construction and installation of such improvements and
     utilities within a period specified by the Planning Commission and expressed in the bond.
     (CC §43.300)


SECTION 405.255:               SUBDIVIDER TO PAY ACTUAL COSTS

     Any subdivider of both minor and major subdivisions shall pay the actual cost incurred by
     the City associated with the process of approving the subdivision as certified by the City
     Clerk, prior to the recording of the plat. (Ord. No. 794 §5, 12-19-05)

SECTION 405.260:               AMENDMENTS

A. This Chapter may be amended from time to time by the City Government. However, no
   amendment shall become effective unless it shall have been proposed by or shall have first
   been submitted to the Planning Commission for review and recommendation. The Planning
   Commission shall have thirty (30) days within which to submit its report. If the Planning
   Commission fails to submit a report within the thirty (30) day period, it shall be deemed to
   have approved the proposed amendments.

B.   Before enacting an amendment to this Chapter, the City Government shall hold a public
     hearing thereon, at least fifteen (15) days notice of the time and place of which shall be
     published in a newspaper of general circulation in the City. (CC §43.310)
                            CHAPTER 410: PLANNING COMMISSION


SECTION 410.010:             DEFINITIONS

   For the purpose of this Chapter the following terms mean or include:

   COUNCIL: The chief legislative body of the City of Scott City.

   STREETS: Any public ways.

   SUBDIVISION: The division of a parcel of land into two (2) or more lots, or other divisions
   of land; it includes resubdivisions and, when appropriate to the context, relates to the process
   of subdividing or to the land or territory subdivided.
   (CC §40.010)


SECTION 410.020:             CITY COUNCIL TO ADOPT PLAN

   The City Council of the City of Scott City shall adopt, amend and carry out a City Plan, and
   appoint a Planning Commission with the powers and duties herein set forth. (CC §40.020)


SECTION 410.030:             COMMISSION ESTABLISHED

   The Planning Commission of the City shall consist of eight (8) members, including the
   mayor, a member of the City Council selected by the Council annually at its first (1st)
   organizational meeting, the City Engineer or similar City official, and five (5) citizens
   appointed by the Mayor and approved by the Council. 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 the succeeding terms shall be staggered. Any vacancy in a
   membership shall be filled for the unexpired term by appointment as aforesaid. The Council
   may remove any citizen member for cause stated in writing and after public hearing. (CC
   §40.030)


SECTION 410.040:             OFFICERS, MEETINGS

   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 they provide 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 the 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 Council.
   (CC §40.040)
SECTION 410.050:             PLAN CONTENTS

   The Commission shall make and adopt a City Plan for the physical development of the City.
   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 use
   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, vacation, abandonment or change of use of any of
   foregoing; the general character, extent and layout of the replanning of blighted districts and
   slum areas. The Commission shall also prepare zoning plan for the regulation of the height,
   area, bulk, location and use of private, non-profit and public structures and premises, and of
   population density. (CC §40.050)


SECTION 410.060:             PURPOSE

   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 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. (CC §40.060)


SECTION 410.070:             PROCEDURE TO ADOPT PLAN

   The Commission may adopt the 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 (1) 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. The hearing may be adjourned from
   time to time. The adoption of the plan requires a 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, and filed in the office of the Commission, identified
   properly by file numbers, and a copy of the plan or part thereof shall be certified to the
   Council and the municipal clerk and a copy shall be recorded in the office of the Scott
   County Recorder of Deeds. (CC §40.070)


SECTION 410.080:             CITY OFFICIALS TO ASSIST

   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. (CC §40.080)
SECTION 410.090:              CONSTRUCTION LIMITED

   Whenever the Commission adopts the plan of the City or any department 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 Council, and the Council, by vote of not less than two-thirds
   (2/3) of its entire membership, may overrule the disapproval and, upon the overruling, the
   Council or the appropriate board or officer may proceed, except that if the public facility or
   utility is one the authorization or financing of which does not fall within the province of the
   Council, then the submission to the Planning Commission shall be by the board having
   jurisdiction, and the Planning Commission 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, location, 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. (CC §40.090)


SECTION 410.100:              ACT AS ZONING COMMISSION

   The Commission shall have and perform all of the functions of the Zoning Commission
   provided for in Chapter 89, RSMo., and shall have and perform all of the functions of a
   Planning Commission as outlined in said Chapter. (CC §40.100)


SECTION 410.110:              RECORDING PLATS LIMITED

   After the Planning Commission of the City 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 Scott 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 City Council, and the Council has approved the plat
   as provided by law. (CC §40.110)

SECTION 410.120:              SUBDIVISION REGULATIONS

   Before adoption of any subdivision regulations, or any amendment thereof by the City
   Council, a duly advertised public hearing thereof shall be held by the Council.
   (CC §40.120)

SECTION 410.130:              APPROVAL OF PLAT BY COMMISSION

   Within sixty (60) days after submission of a subdivision 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 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. (CC §40.130)


SECTION 410.140:           APPROVAL             OF      PLAT─NOT          ACCEPTANCE            OF
                       DEDICATION

   The approval of a plat by the Commission does not constitute or effect an acceptance by the
   municipality or public of the dedication to public use of any street or other ground shown
   upon the plat. (CC §40.140)


SECTION 410.150:           SALE OF LAND BY REFERENCE TO UNAPPROVED
                       PLAT

   No owner or agent of the owner of any land located within the platting jurisdiction of the
   City, 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 Council or Planning Commission, and recorded in
   the office of Scott County Recorder. Any person violating the provisions of this Section
   shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars
   ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; 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. Said penalty shall
   be set by the City Council. The City may enjoin or vacate the transfer or sale or agreement
   by legal action and may recover the penalty in such Section. (CC §40.150)


SECTION 410.160:              STREET LOCATION

   Upon adoption of a major street plan and subdivision regulations, the City 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 municipality unless the
   street has received the 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 a street shown on a subdivision
   plat approved by the council or the Planning Commission, or on a street plan made by and
   adopted by the Commission. The Council 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 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 City Council. (CC §40.160)


SECTION 410.170:              BUILDING PERMITS CONFORM TO STREET PLAN

   After the adoption of a major street plan, no building permit shall be issued for and no
   building 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 the requirements above-described. (CC §40.170)
SECTION 410.180:              SETBACK LINES

    Whenever a plan for major streets has been adopted, the City Council 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 Council may 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
    Council. (CC §40.180)



                             CHAPTER 415: HISTORIC PRESERVATION


SECTION 415.010:              GENERAL PROVISION

    The purpose of this Chapter is to promote the educational, cultural, economic and general
    welfare of the community by:

    1.   Providing a mechanism to identify and preserve the distinctive historic characteristics
         of Scott City which represents elements of the City's cultural, social, economic and
         political history;

    2.    Fostering civic pride in the beauty and noble accomplishments of the past, as
         represented in Scott City landmarks.

    3.   Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors
         and shoppers; and thereby supporting and promoting business, commerce, industry and
         providing economic benefit to the City;

    4.   Fostering and encouraging preservation, restoration and rehabilitation of structures,
         areas and neighborhoods, and thereby preventing future urban blight.

    5.    Promoting the use of landmarks for the education, pleasure and welfare of the people of
         the City. (Ord. No. 277 §1, 2-2-90)


SECTION 415.020:              HISTORIC PRESERVATION COMMISSION

A. Composition of Historic Preservation Commission. The Scott City Historic Preservation
   Commission shall consist of five (5) members, but no more than thirteen (13). All of the
   members shall be appointed by the Mayor and approved by the City Council. The Mayor
   shall make every reasonable effort to appoint persons with a demonstrated interest in the
   historical preservation of the City of Scott City. To the extent available in the community,
   the SCHPC shall include professional members representing such disciplines as architecture,
   law, real estate brokerage, history or any other fields related to historic preservation.
   Advisors may be selected to assist the Commission.
B.   Terms. The term of office of the members of the SCHPC shall be for four (4) years,
     excepting that the membership of the first SCHPC appointed shall serve respectively for
     terms of three (3) for one (1) year; three (3) for two (2) years; three (3) for three (3) years
     and four (4) for four (4) years. Vacancies shall be filled for the unexpired term only.

C.   Compensation. The members shall serve without compensation.

D. Officers. Officers shall consist of a Chairman, Vice-chairman and Secretary elected by the
   SCHPC, who shall each serve a term of one (1) year and shall be eligible for re-election.
   The Chairman shall preside over meetings. In the absence of the Chairman, the Vice-
   chairman shall perform the duties of the Chairman. If both are absent, a temporary
   Chairman shall be elected by those present. The officers shall assure that the following
   duties of the SCHPC are performed:

     1.   Preparation of minutes of each SCHPC meeting.

     2.   Publication and distribution of copies of the minutes, reports and decisions of the
          SCHPC to the members of the SCHPC and to the Mayor.

     3.   Notification to the Mayor of vacancies on the SCHPC and expiring terms of members,
          and

     4.   Preparation and submission to the City Council of a complete record of the proceedings
          before the SCHPC on any matter requiring City Council consideration.

E.   Meetings. A quorum of the SCHPC shall consist of at least five (5) members. All decisions
     or actions of the SCHPC shall be made by a majority vote of those members present and
     voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled
     times to be established by resolution of the SCHPC at the beginning of each calendar year or
     at any time upon the call of the Chairman. Any member who misses three (3) or more
     consecutive meetings, may be subject to dismissal from the Commission upon a majority
     vote of the Commission. No member of the SCHPC shall vote on any matter which may
     materially or apparently affect the property, income of business interest of that member. No
     action shall be taken by the commission which could in any manner deprive or restrict the
     owner of a property in its use. All meetings of the SCHPC shall be open to the public. The
     SCHPC shall keep minutes of its proceedings, showing the vote, indicating such fact, and
     shall be immediately filed in the office of the SCHPC and shall be a public record.

F.   Funding. The City Council may annually appropriate funds, within budget limitations, for
     the operation of the SCHPC. The SCHPC may apply for, receive, or expend any Federal,
     State or private grant, grant-in-aid, gift or bequest, in furtherance of the general purposes of
     this Section.

G. Powers and Duties. The SCHPC shall have the following powers and duties:

     1.   To adopt its own procedural regulations, provided that such regulations are consistent
          with this Chapter and the Revised Statutes of the State of Missouri.

     2.   To conduct an ongoing survey to identify historically significant properties, structures
          and areas that exemplify the cultural, social, economic, political or architectural history
          of the Nation, State, or City.
3.    To investigate and recommend to the City Council the adoption or ordinances
      designating properties or structures having special historic, community or architectural
      value as "landmarks".

4.     To keep a register of all properties and structures which have been designated as
      landmarks, including all information required for each designation.

5.     To confer recognition upon the owners of landmarks and property or structures by
      means of certificates, plaques or markers; and to make recommendations for the design
      and implementation of specific markings of the streets and routes leading from one
      landmark or structure to another.

6.    To inform and educate the citizens of Scott City concerning the historic heritage of the
      City by publishing appropriate maps, newsletters, brochures and pamphlets and by
      holding programs and seminars.

7.     To administer on behalf of the City of Scott City any property, or full or partial interest
      in real property, including easements, which the City of Scott City may accept as a gift
      or otherwise acquire, upon authorization and approval by the City Council.

8.     To make recommendations to the City Council concerning the application for an
      utilization of any Federal, State or private grant, grant-in-aid, gift or bequest furthering
      the general purposes of this Chapter.

9.    To call upon available City staff members as well as other experts for technical advice.

10. To testify before the Mayor and City Council on any matter affecting historically
    significant property, structures and areas.

11.              To periodically review the Scott City Historic Preservation Ordinance and to
                 recommend to the Mayor and City Council any amendments appropriate for
                 the protection and continued use of landmarks or property. (Ord. No. 277 §2,
                 2-2-90)
                          TITLE V.
                   BUILDING AND CONSTRUCTION


                   CHAPTER 500: BUILDING CODE


                   ARTICLE I. BUILDING CODE ADOPTION


SECTION 500.010:                       ADOPTION OF BUILDINGCODE

A. A certain document dated 2002, titled International Building Code 2003,
   published by International Code Council, Inc., three (3) copies of which
   are on file in the office of the City Clerk of Scott City, Missouri, is
   hereby adopted as the Building Code of the City of Scott City, Missouri,
   for the control of building and structures as herein provided and all other
   regulations, provisions, penalties, conditions and terms of the
   International Building Code 2003 is hereby referred to, adopted and
   made a part hereof, as if fully set out in this Code, with additions,
   insertions, deletions and changes, if any, prescribed in the Section of this
   Code.

B. Any person violating the terms of the Building Code shall be guilty of a
   misdemeanor and upon conviction shall be punished with a fine not to
   exceed five hundred dollars ($500.00) or by imprisonment in the City
   Jail for a period not to exceed ninety (90) days, or both fine and
   imprisonment. Each day a violation under the Building Code continues
   shall constitute a separate offense. (CC §44.010; Ord. No. 689 §1, 7-16-
   01; Ord. No. 758 §1, 7-6-04; Ord. No. 758 §1, 7-6-04; Ord. No. 773
   §§1─2, 1-17-05)


                                       ARTICLE II. SEISMIC DESIGN


SECTION 500.015:           STANDARDS FOR                            SEISMIC
              DESIGN AND CONSTRUCTION

A. Any new construction or major structural renovation begun after January
   1, 1991, all buildings for which leases are executed by political
   subdivision of the State after January 2, 1991, 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 the effective date of this
   Section, 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 any
   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. 321 §1, 12-
   17-90)


                                      ARTICLE III.         PERMITS AND
FEES


SECTION 500.020:                      PERMITS REQUIRED AND FEES
              IMPOSED

   No person shall commence any new construction or major structural
   renovation or occupy any new construction or major structural
   renovation without first obtaining a permit from the City. The City shall
   collect the following charges for a building permit to construct, enlarge
   or alter any structure; or change the occupancy of a building or structure,
   or requiring greater strength, exit ways or sanitary provisions, or to
   install or alter any equipment for which provision is made or the
   installation of which is regulated by the code. Only ordinary repairs
   shall be exempt from these provisions:

   NOTE: The finishing of unfinished areas in an occupied building shall
   be considered new construction for the purposes of this Section.
   1. New construction and additions.

       0 — 2,500 square feet                  =     $    0.10/square    foot
       (minimum of $40.00).

        2,501 — and above = $ 0.10/square foot for all areas over 2,500
square feet.

   2. Remodeling.

       NOTE: The following types of improvements will be exempt from
       needing a permit, as long as there is no structural change made to the
       building: reshingling, siding, painting (interior and exterior),
       flooring, direct fit window replacement and any other as approved
       with the Building Inspector's discretion.

       $0 — $3,000 = $40.00

       $3,001 — $10,000 = $40.00 + $3.00 each additional $1,000.00 over
       $3,000.00.

       $10,001 — $50,000 = $61.00 + $2.00 each additional $1,000.00 over
$10,000.00.

       $50,001 — $100,000 = $144.00 + $1.00 each additional $1,000.00
over $50,000.00.

       Over $100,000 = $191.00 + $0.51 each additional $1,000.00 over
$100,000.00.

   3. Swimming pools and decks. A permit must be issued prior to any
      person being allowed to install any permanently affixed in-ground or
      above ground pool with or without an attached deck. A permit must
      be issued prior to installing all attached or unattached decks used as
      an accessory to the building.

       The fee for said permit shall be twenty dollars ($20.00).

   4. Occupancy permits. A permit must be issued prior to any person
      being allowed to occupy a new structure or major renovation.

  5. Sign and billboards.

      Sign = $20.00

      Billboard = $50.00

  6. Reinspection. All permit fees include up to two (2) inspections for
     each item required to be inspected by the Building Inspector, a list of
     which will be given to the permit holder at the time the permit is
     issued. If further reinspection is required by the Building Inspector,
     additional inspection fees as listed below will be required to be paid
     before the inspector will return to the site.

  Fifteen dollars ($15.00) per inspection after the first two (2) inspections.

  7. Fence permits. Twenty-five dollars ($25.00) in accordance with
     Section 400.240(D)(4).

  8. Permit time limits/penalty. All permits are for a period of twelve
     (12) months with construction to begin within the first six (6)
     months. A renewal penalty of five hundred dollars ($500.00) will be
     charged for permits not completed by the end of the twelve (12)
     month period. Large projects will require the approval of the City
     Building Inspector to extend beyond the initial twelve (12) months
     building period. No penalty will be charged if extension is approved
     by the Building Inspector. Under no exceptions will a building
     permit be allowed to continue beyond twenty-four (24) months from
     the first (1st) date of approval. (CC §49.010; Ord. No. 500 §§1─2,
     11-20-95; Ord. No. 689 §2, 7-16-01; Ord. No. 829 §1, 10-15-07)


                                      ARTICLE IV. STREETS


SECTION 500.030:           PROCEDURE FOR PAVING OF
              PUBLIC STREETS
A. No later than the first (1st) Monday in January of each year, the Street
   Committee, which shall be appointed by the Mayor with the consent of
   the City Council, shall submit to the City Council a list of streets it
   proposes the City pave, which list shall be prioritized according to need.

B. No later than the first (1st) Monday of February of each year, the City
   Council shall approve or amend the list of streets submitted to it by the
   Street Committee. In the event the City Council amends the list, the
   Council minutes shall reflect the reasons for any amendment. The list of
   streets to be paved, as approved by the City Council, shall be limited to
   those priority streets for which the Council determines there are
   available funds in the City's street account funded by the one-half (½)
   cent sales tax.

C. Upon approval of the City Council, the list of streets to be paved, in
   priority order, shall be posted for the public at the bulletin board at City
   Hall and published for one (1) insertion in a newspaper of general
   circulation within the City.

D. No later than the first (1st) Monday in March, the City Council shall
   solicit bids for paving of public streets, which bids shall be based on cost
   per ton.

E. In the event the amount of the lowest responsible bid received and
   accepted by the City Council is not sufficient to pave all listed priority
   streets, the Mayor shall delete from the list of streets to be paved, in
   reverse order of priority, to the extent necessary to allow the City to pay
   the contractor for paving the higher priority streets.

F. In the event the amount of the lowest responsible bid is lower than the
   amount of funds available in the City Street Fund, the excess funds may
   be used for paving non-listed, non-priority streets as provided in
   Subsection (G).

G. Any person wishing to have a street paved which is a non-listed, non-
   priority street shall have all owners of property adjoining the street to
   sign a contract obligating the landowners on one (1) side of the street to
   pay one-third (1/3) of the paving cost, the landowners on the other side of
   the street to pay one-third (1/3) of the paving cost, and the City to pay
   one-third (1/3) of the paving cost. The landowners' share of the cost of
  paving shall be estimated by the Public Works Director and shall be paid
  to the City Clerk by the landowners in proportion to their street frontage
  prior to the contractor paving the street. Any of the landowners' money
  not expended for paving shall be refunded. The contract called for in
  this Section shall be on file in the City offices. The Mayor is authorized
  to sign said contract on behalf of the City to the extend funds are
  available from the landowners and the City Street Funds, after payment
  of priority streets, to pay the paving cost for non-listed, non-priority
  street requested to be paved. Contracts shall be entered into by the
  Mayor in the order the contract and the deposits are received by the City.
  (Ord. No. 544 §§1─7, 2-3-97; Ord. No. 856 §1, 5-18-09)


                    ARTICLE V. BUILDING AND CODE
ENFORCEMENT DEPARTMENT

SECTION 500.040:         BUILDING    AND     CODE
              ENFORCEMENT DEPARTMENT ESTABLISHED

  A Building and Code Enforcement Department has been established by
  the City. The composition of the Building and Code Enforcement
  Department shall be as follows:

  1. City Engineer. The City Engineer shall have an engineering degree
     and be licensed in the State of Missouri. He shall be the head of the
     department and shall perform all engineering surveys, studies,
     designs or other services required of a professional engineer.

  2. Head Building Inspector. The Head Building Inspector shall be the
     head of the department, in the absence of a City Engineer. The Head
     Building Inspector shall be charged with enforcement of the
     Building Code, inspection of all construction or major structural
     renovations, reviewing all applications for new construction and
     major structural renovations, issuing permits, acting as Zoning
     Inspector under Chapter 400 of the Code, acting as enforcement
     officer of the flood control ordinances, acting as enforcement officer
     of the substandard building ordinances, assisting the Fire Chief in
     fire inspections, performing such other duties as may be directed by
     the Mayor, City Engineer and City Administrator, and may perform
     any task which the Health Officer may also perform.
     3. Building Inspector. The Building Inspector shall be the head of the
        department, in the absence of a Head Building Inspector and City
        Engineer. The Building Inspector shall perform those duties which
        the Head Building Inspector may perform as directed to be
        performed by the Head Building Inspector, Mayor, or City
        Administrator. In addition, the Building Inspector may perform any
        task which the Health Officer may also perform.

     4. Health Officer. The Health Officer shall be charged with the
        enforcement of the City's property use restriction ordinances,
        advertising sign restriction ordinances, home occupation ordinances,
        solid waste complaints, erosion complaints, weed complaints, animal
        control ordinances, junk and junk automobiles ordinances, and may
        perform such other related duties as may be directed by the City
        Engineer, Head Building Inspector, Building Inspector, City
        Administrator or Mayor.

     5. All employees of the Building and Code Enforcement Department
        shall have the authority to issue tickets and summons for appearance
        in Municipal Court to any individual who fails to comply with any
        provisions of any ordinances for which the Building and Code
        Enforcement Department has supervision and enforcement power.
        Any persons thereafter convicted shall be subject to the penalties set
        forth in Section 110.010 of the Scott City Code. (Ord. No. 657 §5,
        4-17-00)

                     CHAPTER 505: ELECTRICAL CODE


SECTION 505.010:             ADOPTION OF ELECTRICAL CODE

A.      A certain document dated 2002, titled National Electrical Code 2002,
     published by National Fire Protection Association, Inc., three (3) copies
     of which are on file in the office of the City Clerk of the City of Scott
     City, Missouri, being marked and designated as the 2002 National
     Electrical Code is hereby adopted as the Electrical Code of the City of
     Scott City, Missouri, for the control of building and structures as herein
     provided and each and all other regulations, provisions, penalties,
     conditions and terms of the International Electrical Code are hereby
     referred to, adopted and made a part hereof, as if fully set out in this
     Code, with additions, insertions, deletions and changes, if any,
     prescribed in the Section of this Code.

B.      Any person violating the provisions of the Electrical Code shall be
     guilty of a misdemeanor and upon conviction shall be punished with a
     fine not to exceed five hundred dollars ($500.00) or by imprisonment in
     the City Jail for a period not to exceed ninety (90) days, or by both fine
     and imprisonment. Each day a violation under the Electrical Code
     continues shall constitute a separate offense. (CC §47.010; Ord. No. 689
     §3, 7-16-01; Ord. No. 758 §2, 7-6-04; Ord. No. 758 §2, 7-6-04; Ord. No.
     773 §§1,3, 1-17-05)


SECTION 505.020:              PERMITS AND FEES IMPOSED

     No person shall install new wiring, renovate fifty-one percent (51%) or
     more of existing wiring, or replace any service panels, without first
     obtaining a permit from the Building Inspector. The charge for an
     electrical permit shall be twenty-five dollars ($25.00).
     (Ord. No. 689 §4, 7-16-01)




                      CHAPTER 510: PLUMBING CODE


                      ARTICLE I. GENERAL PROVISIONS


SECTION 510.010:              ADOPTION OF PLUMBING CODE

A.     A certain document dated 2003, titled International Plumbing Code
     2003, published by International Code Council, Inc., three (3) copies of
     which are on file in the office of the City Clerk of the City of Scott City,
     Missouri, being marked and designated as the International Plumbing
     Code 2003 is hereby adopted as the Plumbing Code of the City of Scott
     City, Missouri, for the control of building and structures as herein
     provided and each and all other regulations, provisions, penalties,
     conditions and terms of the International Plumbing Code 2003 are
     hereby adopted and made a part hereof, as if fully set out in this Code,
     with additions, insertions, deletions and changes, if any, prescribed in
     this Section of this Code.

B.      Any person violating the terms of the Plumbing Code shall be guilty
     of a misdemeanor and upon conviction shall be punished with a fine not
     to exceed five hundred dollars ($500.00) or by imprisonment in the City
     Jail for a period not to exceed ninety (90) days, or by both fine and
     imprisonment. Each day a violation of the Plumbing Code continues
     shall constitute a separate offense. (Ord. No. 124 §2, 4-9-84; Ord. No.
     689 §5, 7-16-01; Ord. No. 755 §1, 6-21-04; Ord. No. 758 §3, 7-6-04;
     Ord. No. 755 §1, 6-21-04; Ord. No. 758 §3, 7-6-04; Ord. No. 773 §§1,4,
     1-17-05)


SECTION 510.020:    LICENSE,   PERMIT                          AND        FEES
               REQUIRED FOR PLUMBING
               IMPROVEMENTS

A.      It shall be unlawful for any person to erect, install, altercate, add to,
     repair, relocate, replace, and maintain any plumbing system within the
     City of Scott City, Missouri, unless such person is licensed as provided
     in this Chapter and has obtained an applicable permit necessary from the
     Building Inspector.

B.     A permit will be required for any replacement of over forty percent
     (40%) of existing water and/or sewer lines or installation of any new
     water and/or sewer lines. The charge for a plumbing permit shall be
     twenty-five dollars ($25.00). (Ord. No. 124 §2, 4-9-84; Ord. No. 689
     §6, 7-16-01)

SECTION 510.030:              EXAMINATION REQUIRED

     No person shall receive a license as a plumber without first taking an
     examination prepared and given by the Building Inspector. All persons
     required to take an examination must obtain a passing mark, as set by the
     Building Inspector, to be eligible for a license. Any applicant who does
     not pass the test, may not be retested until thirty (30) days have elapsed
     since the date the person failed the test. No person may take the test on
     more than three (3) occasions per year. (Ord. No. 124 §2, 4-9-84)
SECTION 510.040:             ANNUAL LICENSE FEE

     An annual license fee of five dollars ($5.00) is assessed for the issuance
     of a plumbing license, in order to cover the costs of the test and
     licensing. (Ord. No. 124 §2, 4-9-84)


SECTION 510.050:             LICENSE EXPIRATION DATE

     Each license shall expire one (1) year after the date of issuance. The
     license may be renewed upon request to the City Clerk and upon
     payment of the annual renewal fee to the City Clerk. Any licensee who
     allows his license to lapse for a period up to and including thirty (30)
     days shall be required to pay one-half (½) of the original license fee as
     penalty fee. Over a thirty (30) day delinquency requires a mandatory re-
     examination and payment of the penalty fee. (Ord. No. 124 §2, 4-9-84)


SECTION 510.060:             EXEMPTION

     Any owner may do work in a single-family dwelling in which he resides
     without being licensed, but shall not be allowed to turn on and off the
     water at the City meter unless they have paid a twenty-five dollar
     ($25.00) deposit with the City Clerk.
     (Ord. No. 124 §2, 4-9-84)


                     ARTICLE II. USE OF LEAD BASE MATERIALS
BANNED


SECTION 510.070:             LEAD BAN─GENERAL POLICY

A.     Purpose. The purpose of this Article is:

     1. To ban the use of lead materials in the public drinking water system
        and private plumbing connected to the public drinking water system;
        and
     2. To protect City residents from lead contamination in the City's
        public drinking water system and their own private plumbing
        systems.

     B. Application. This Article shall apply to all premises served by the
     public drinking water system of the City of Scott City, Missouri.

C.      Policy. It is the City's intent to ban the use of lead base materials in
     the construction or modification of the City's drinking water system or
     private plumbing connected to the City system. The cooperation of all
     consumers is required to implement the lead ban.
     (Ord. No. 369 §1, 6-1-92)


SECTION 510.080:              DEFINITIONS

     The following definitions shall apply in the interpretation and
     enforcement of this Article:

     CONSUMER: The owner or person in control of any premises supplied
     by or in any manner connected to a public water system.

     LEAD BASE MATERIALS: Any material containing lead in excess of
     the quantities specified in this Section in the definition of "Lead Free".

     LEAD FREE: When used with respect to solder and flux, refers to
     solders and flux containing not more than two-tenths percent (0.2%)
     lead.

     PUBLIC DRINKING WATER SYSTEM: Any publicly or privately
     owned water system supplying water to the general public which is
     satisfactory for drinking, culinary and domestic purposes and meets the
     requirements of the Missouri Department of Natural Resources.

     WATER PURVEYOR: The Public Works Director or his authorized
     agent. (Ord. No. 369 §2, 6-1-92)
SECTION 510.090:          LEAD BANNED FROM WATER PLUMBING

A.      The Building Inspector shall not issue a permit for plumbing
     construction, pursuant to Section 500.020 (3) of the City Code, unless
     the contractor or owner has provided the Inspector with plans and
     specifications or other satisfactory documentation reflecting that lead
     free materials are to be used in the plumbing construction.

B.      After installation or improvement of any plumbing system and prior to
     water connection, the consumer shall allow the water purveyor to inspect
     the premises to ensure that lead free materials were not used in the
     construction or improvement of the plumbing system.

C.     No water service connection shall be installed or maintained to any
     premises where lead base materials were used in new construction or
     modifications of drinking water plumbing after June 1, 1992. (Ord. No.
     369 §3, 6-1-92)

                      CHAPTER 515: HOUSING CODE

SECTION 515.010:             ADOPTION OF HOUSING CODE

A.      A certain document dated 2003, titled International Residential Code
     2003, published by the International Code Council, Inc., three (3) copies
     of which are on file in the office of the City Clerk of the City of Scott
     City, Missouri, being marked and designated as the International
     Residential Code 2003 is hereby adopted as the Housing Code of the
     City of Scott City, Missouri, for the control of building and structures as
     herein provided and each and all other regulations of the International
     Residential Code 2003 are hereby referred to, adopted and made a part
     hereof, as if fully set out in this Code, with additions, insertions,
     deletions and changes, if any, prescribed in this Section of this Code.

B.      Any person violating the terms of the Housing Code shall be guilty of
     a misdemeanor and upon conviction shall be punished with a fine not to
     exceed five hundred dollars ($500.00) or by imprisonment in the City
     Jail for a period not to exceed ninety (90) days, or by fine and
     imprisonment. Each day a violation of the Housing Code continues shall
     constitute a separate offense. (CC §45.010; Ord. No. 773 §§1, 5, 1-17-
     05)
                      CHAPTER 520: FIRE PREVENTION CODE


SECTION 520.010:            ADOPTION OF FIRE PREVENTION CODE

A.      A certain document copy written 2002, titled International Fire Code
     2003, published by the International Code Council, Inc., three (3) copies
     of which are on file in the office of the City Clerk of the City of Scott
     City, Missouri, being marked and designated as the International Fire
     Code 2003 is hereby adopted as the Fire Prevention Code of the City of
     Scott City, Missouri, for the control of buildings and structures as herein
     provided and each and all other regulations, provisions, penalties,
     conditions and terms of the International Fire Code 2003 are hereby
     adopted and made a part hereof, as if fully set out in this Code, with
     additions, insertions, deletions and changes, if any, prescribed in this
     Section of this Code.

B.      Any person violating the terms of the Fire Prevention Code shall be
     guilty of a misdemeanor and upon conviction shall be punished with a
     fine not to exceed five hundred dollars ($500.00) or by imprisonment in
     the City Jail for a period not to exceed ninety (90) days, or by both fine
     and imprisonment. Each day a violation of the Fire Prevention Code
     continues shall constitute a separate offense. (CC §48.010; Ord. No.
     689 §7, 7-16-01; Ord. No. 773 §§1, 6, 1-17-05)


SECTION 520.020:              SECURED KEY ACCESS

A.      All new commercial and/or manufacturing buildings which have a fire
     alarm system or other fire protection system shall provide a secure key
     box installed in a location accessible to the Fire Department in case of an
     emergency. This key box shall contain keys to fire alarm control panels
     and other keys necessary to operate or service fire protection systems.
     Such box shall be provided with master keys necessary to access
     portions of the premises in case of an emergency.

B.      The key box shall be in a type approved by the Chief of the Scott City
     Fire Department and shall be located and installed as approved by the
     Chief. (Ord. No. 728 §1, 5-19-03)
                      CHAPTER 522: MECHANICAL CODE


SECTION 522.010:              ADOPTION OF MECHANICAL CODE

A.      A certain document with a copyright of 2003, titled International
     Mechanical Code 2003, published by the International Code Council,
     Inc., three (3) copies of which are on file in the office of the City Clerk
     of the City of Scott City, Missouri, being marked and designated as the
     International Mechanical Code 2003 is hereby adopted as the
     Mechanical Code of the City of Scott City, Missouri, for the control of
     buildings and structures as herein provided and each and all other
     regulations, provisions, penalties, conditions and terms of the
     International Mechanical Code 2003 are hereby adopted and made a part
     hereof, as if fully set out in this Code, with additions, insertions,
     deletions and changes, if any, prescribed in this Section of this Code.

B.      Any person violating the terms of the Fire Prevention Code shall be
     guilty of a misdemeanor and upon conviction shall be punished with a
     fine not to exceed five hundred dollars ($500.00) or by imprisonment in
     the City Jail for a period not to exceed ninety (90) days, or by both fine
     and imprisonment. Each day a violation of the Fire Prevention Code
     continues shall constitute a separate offense. (Ord. No. 689 §10, 7-16-
     01; Ord. No. 773 §§1, 7, 1-17-05)


SECTION 522.020:    PERMIT AND FEES REQUIRED FOR
               MECHANICAL
               IMPROVEMENTS

A.      No person shall do any contract of a mechanical nature with regard to
     any new building or major structural renovation, without first obtaining
     from the Building Inspector a permit.

B.     The following shall be considered major renovation for the purposes
     of receiving a permit: Replacement of air-conditioning units, heating
     units, boilers, duct systems, process piping, and so forth. The charge for
     each mechanical permit shall be twenty-five dollars ($25.00). (Ord. No.
     689 §10, 7-16-01)
                   CHAPTER 525: SUBSTANDARD BUILDINGS


SECTION 525.010:           DANGEROUS BUILDINGS DEFINED

  All buildings or structures which have any or all of the following defects
  shall be deemed "dangerous buildings":

  1. Those whose interior walls or other vertical structural members list,
     lean or buckle to such an extent that a plumb line passing through the
     center of gravity falls outside of the middle third of its base.

  2. Those which, exclusive of the foundation, show thirty-three percent
     (33%) or more of damage or deterioration of the supporting member
     or members or fifty percent (50%) of damage or deterioration of the
     non-supporting enclosing or outside walls or covering.

  3. Those which have improperly distributed loads upon the floors or
     roofs or in which the same are overloaded, or which have insufficient
     strength to be reasonably safe for the purpose used or intended to be
     used.

  4. Those which have been damaged by fire, wind or other causes so as
     to have become dangerous to life, safety, or the general health and
     welfare of the occupants or the people of this City.

  5. Those which have become or are so dilapidated, decayed, unsafe,
     unsanitary or which so utterly fail to provide the amenities essential
     to decent living that they are unfit for human habitation, or are likely
     to cause sickness or disease, so as to work injury to the health, safety
     or general welfare of those living therein.

  6. Those having light, air and sanitation facilities which are inadequate
     to protect the health, safety or general welfare of human beings who
     live or may live therein.

  7. Those having inadequate facilities for egress in case of fire or panic
     or those having insufficient stairways, elevators, fire escapes, or
     other means of communication.
  8. Those which have parts thereof which are so attached that they may
     fall and injure property or members of the public or upon the
     property of others or the occupants thereof.

  9. Those which are uninhabited and are open at the door, window, wall
     or roof.

  10.      Those under construction upon which no substantial work shall
        have been performed for ninety (90) days following the notice issued
        under Section 525.060 of this Chapter for the completion or
        demolition thereof.

  11.      Those in the process of demolition upon which no substantial
        work shall have been performed for a period of fourteen (14) days
        immediately following the time a notice shall issue to complete the
        demolition thereof under Section 525.060 of this Chapter.

  12.       Those containing therein substantial accumulations of trash,
        garbage or other materials susceptible to fire or constituting or
        proving a harboring place for vermin or other obnoxious animals or
        insects or in any way threatening the health of the occupants thereof
        or the health of persons in the vicinity thereof.

  13.       Those which because of their condition are unsafe, unsanitary or
        dangerous to the health, safety or general welfare of the people of
        this City. (CC §41.010; Ord. No. 774 §1, 3-21-05)


SECTION 525.020:    STANDARDS FOR REPAIR, VACATION
               OR DEMOLITION

  The following standards shall be followed in ordering repair, vacation or
  demolition:

  1.             If the "dangerous building" can reasonably be repaired so
        that it will no longer exist in violation of the terms of this Chapter, it
        shall be ordered repaired.

  2.           If the "dangerous building" is in such condition as to make it
        dangerous to the health, safety or general welfare of its occupants, it
  shall be ordered to be vacated and repaired.

  3.           In any case where a "dangerous building" is fifty percent
       (50%) damaged or decayed, or deteriorated from its original value or
       structure, it shall be demolished, and in all cases where a building
       cannot be repaired so that it will no longer exist in violation of the
       terms of this Chapter it shall be demolished. In all cases where a
       "dangerous building" is a fire hazard existing or erected in violation
       of any provision of this Code or other ordinance of the City or
       Statute of the State, it shall be repaired or demolished. (CC §41.020;
       Ord. No. 774 §1, 3-21-05)


SECTION 525.030:    DANGEROUS                     BUILDINGS            ARE
               NUISANCES

  All dangerous buildings within the terms of Section 525.010 of this
  Code are hereby declared to be public nuisances, and shall be repaired,
  vacated or demolished as hereinbefore and hereinafter provided. (CC
  §41.030; Ord. No. 774 §1, 3-21-05)


SECTION 525.040:           BUILDING INSPECTORS

  Any person so designated by the Mayor with approval of the City
  Council shall be "Building Inspectors" within the meaning of this
  Chapter at a set compensation agreed upon by all parties. (CC §41.040;
  Ord. No. 689 §8, 7-16-01; Ord. No. 774 §1, 3-21-05)


SECTION 525.050:           DUTIES OF BUILDING INSPECTORS

  The Building Inspectors shall:

  1.           Inspect or cause to be inspected semi-annually all public
       buildings, schools, halls, churches, theaters, hotels, tenements,
       commercial, manufacturing, or loft buildings, and all dwellings for
       the purpose of determining whether any conditions exist which
       render such places to be a "dangerous building" within the terms of
       Section 525.010 of this Chapter.
  2.           Inspect any building, wall or structure about which
       complaints are filed by any person to the effect that a building, wall
       or structure is or may be existing in violation of this Chapter.

  3.           Inspect any building, wall or structure reported as probably
       existing in violation of the terms of this Chapter.

  4.           Report to the City Council any non-compliance with the
       provisions of this Chapter. (CC §41.050; Ord. No. 774 §1, 3-21-05)

SECTION 525.060:            CITY COUNCIL TO GIVE NOTICE

  Upon receipt of the notice provided for in Section 525.050(4) and upon
  determining that there is cause to believe that the structure involved is a
  "dangerous building" within the terms of Section 525.010, the City
  Council shall:

  1.            Notify in writing, either by personal service or by certified
       mail, return receipt requested; of if service cannot be had by either of
       these modes of service, then by publication in a newspaper qualified
       to publish legal notices, for two (2) successive weeks, the owner,
       occupant, lessee, mortgagee, agent and all other persons having an
       interest in said building as shown by the land records of the Recorder
       of Deeds of the County of any building found by him to be a
       "dangerous building" within the standards set forth in Section
       525.010 of this Code that:

       a.           The owner must vacate, vacate and repair, or vacate and
            demolish said building in accordance with the terms of the notice
            and this Chapter;

       b.          The occupant or lessee must vacate said building or may
            have it repaired in accordance with the notice and remain in
            possession;

       c.          Mortgagee, agent or other person having an interest in
            said building as shown by the land records of the Recorder of
            Deeds of the County may at his own risk repair, vacate or
            demolish said building or have such work or act done;
           Provided, that any person notified under Section 525.060(1) to
           repair, vacate or demolish any building shall be given such
           reasonable time, not exceeding thirty (30) days, as may be
           necessary to do, or have done, the work or act required by the
           notice provided for herein.

  2.           Set forth in the notice provided for in Section 525.060(1)
       hereof a description of the building or structure deemed unsafe, a
       statement of the particulars which make the building or structure a
       "dangerous building" and an order requiring the same to be put in
       such condition as to comply with the terms of this Chapter within
       such length of time, not exceeding thirty (30) days, as is reasonable.

  3.          Place a notice on all "dangerous buildings" reading as
       follows:

       "This building has been found to be a dangerous building by the
       Building Inspector. This notice is to remain on this building until it
       is repaired, vacated or demolished in accordance with the notice
       which has been given the owner, occupant, lessee, mortgagee or
       agent of this building, and all other persons having an interest in said
       building as shown by the land records of the Recorder of Deeds of
       the County. It is unlawful to remove this notice until such notice is
       complied with." (CC §41.055; Ord. No. 774 §1, 3-21-05)


SECTION 525.070:            BUILDING COMMISSIONER

  The City Council shall act as the Building Commissioner under this
  Chapter. (CC §41.060; Ord. No. 774 §1, 3-21-05)


SECTION 525.080:            DUTIES OF COUNCIL

  The City Council shall, if the owner, occupant or lessee does not comply
  with the notice given under the provisions of Section 525.060, do the
  following:

  1.         Upon receipt of a report of non-compliance, give a second
       (2nd) written notice, at least twenty-one (21) days prior to the
     hearing date specified in the notice, to the owner, occupant,
     mortgagee, lessee, agent and all other persons having an interest in
     said building as shown by the land records of the Recorder of Deeds
     of the County to appear before it on the date specified in the notice to
     show cause why the building or structure reported to be a "dangerous
     building" should not be repaired, vacated or demolished in
     accordance with the statement of particulars set forth in the notice
     provided for in Section 525.060(1).

2.          Hold a hearing and hear such testimony as the Building
     Inspector or the owner, occupant, mortgagee, lessee, or any other
     person having an interest in said building as shown by the land
     records of the County shall offer relative to the "dangerous
     building".

3.          Make written findings of fact from the testimony offered
     pursuant to Subsection (2) hereof as to whether or not the building in
     question is a "dangerous building" within the terms of Section
     525.010.

4.           Issue an order based upon findings of fact made pursuant to
     Subsection (3) commanding the owner, occupant, mortgagee, lessee,
     agent and all other persons having an interest in said building as
     shown by the land records of the County to repair, vacate or
     demolish any building found to be a "dangerous building" within the
     terms of this Chapter and provided that any person so notified shall
     have the privilege of either vacating or repairing said dangerous
     building; or any person not the owner of said dangerous building but
     having an interest in said building as shown by the land records of
     the County may demolish said dangerous building at his own risk to
     prevent the acquiring of a lien against the land upon which said
     "dangerous building" stands by the City as provided in Subsection
     (5) hereof.

5.           If the owner, occupant, mortgagee or lessee fails to comply
     with the order provided for in Subsection (4) hereof within thirty
     (30) days, the City Council then shall cause such building or
     structure to be repaired, vacated or demolished as the facts may
     warrant, under the standards hereinbefore provided for in Section
     525.020, and shall with the assistance of the City Attorney cause the
          costs of such repair, vacation or demolition to be charged against the
          land on which the building existed as a municipal lien or cause such
          costs to be added to the tax duplicate as an assessment, or to be
          levied as a special tax against the land upon which the building
          stands or did stand, or to be recovered in suit at law against the
          owner; provided, that in cases where such procedure is desirable and
          any delay thereby caused will not be dangerous to the health, safety
          or general welfare of the people of this City, the Council shall notify
          the City Attorney to take legal action to force the owner to make all
          necessary repairs or demolish the building.

     6.         Report to the City Attorney the names of all persons not
          complying with the order provided for in Section 525.080(4) hereof.

     7.           If no insurance proceeds are available, at the written request
          of the taxpayer, the special tax bill provided for by Subsection (5)
          may be paid in installments over a period of not more than ten (10)
          years; said assessment shall bear interest at the maximum rate per
          annum allowed by law on the unpaid balance of the special
          assessment computed from the date of issuance. If any annual
          payment of principal or interest shall not be paid within thirty (30)
          days of its due date, the entire remaining balance of the tax bill shall
          immediately become due and payable. If request for ten (10) annual
          payments is not made prior to the time the City Attorney shall certify
          the cost of the work to the City Clerk, the tax bill shall be payable in
          sixty (60) days from its date of issuance with interest thereon at the
          maximum rate per annum allowable by law. (CC §41.070; Ord. No.
          774 §1, 3-21-05)

SECTION 525.085:            INSURANCE PROCEEDS PROM DAMAGE
                            OR LOSS

A.      Tax bills issued under Section 525.080(5) shall be prima facie
     evidence of the validity of the bill, the doing of the work and liability of
     the property and property owner for the damages stated in the bill and
     shall be collected if default should occur by suit brought in a court a
     competent jurisdiction by the City Attorney on behalf of the City.
     Judgment in any such suit shall be special and against the property only
     and shall be satisfied by sale of property or so much thereof as is
     necessary to satisfy the judgment and the costs of the sale.
B.      If there are proceeds of any insurance policy based upon a covered
     claim payment made for damage or loss to a building or other structure
     caused by or arising out of any fire, explosion or other casualty loss, and
     if the covered claim payment is in excess of fifty percent (50%) of the
     face value of the policy covering a building or other structure, then the
     following procedure shall apply:

     1. The insurer shall withhold from the covered claim payment ten
        percent (10%) of the covered claim payment and shall pay that
        amount to the City to deposit into an interest-bearing account. Any
        named mortgagee on the insurance policy shall maintain priority
        over any obligation under this Section. If a special tax bill or
        assessment is issued by the City for the expenses of demolition of
        such building as a dangerous building, the monies held by the City
        shall be applied toward payment of the special tax bill or assessment.
        If there is any excess, it shall be paid by the City to the insured or as
        the terms of the policy, including any endorsements thereto, provide.

     2. The City shall release the proceeds and any interest which has
        accrued on such proceeds received under Subparagraph (1) of this
        Subsection to the insured or as the terms of the policy and
        endorsements thereof provide within thirty (30) days after receipt of
        such insurance monies, unless the City has instituted legal
        proceedings under the provisions of Section 525.080. If the City has
        proceeded under the provisions of Section 525.080, all monies in
        excess of that necessary to comply with the provisions of Section
        525.080 for removal of the building or structure, less salvage value,
        shall be paid to the insured.

     3. The City may certify that, in lieu of payment of all or part of the
        covered claim payment under this Section, it has obtained
        satisfactory proof that the insured has or will remove debris and
        repair, rebuild or otherwise make the premises safe and secure. In
        this event, the City shall issue a certificate within thirty (30) days
        after receipt of proof to permit covered claim payment to the insured
        without deduction. It shall be the obligation of the insured or other
        person making the claim to provide the insurance company with the
        written certificate provided for in this Subsection.
  4. No provision of this Section shall be construed to make the City a
     party to any insurance contract. (Ord. No. 774 §1, 3-21-05)


SECTION 525.090:          APPEAL TO CIRCUIT COURT

  Any owner, occupant, lessee, mortgagee, agent or any other person
  having an interest in a "dangerous building" as shown by the land
  records of the Recorder of Deeds of the County may, within thirty (30)
  days from the receipt of the order of the City Council provided for by
  Section 525.080 (4) of this Code, appeal such decision to the Circuit
  Court of the County wherein the land is located, pursuant to the
  procedure established in Chapter 536, RSMo. (CC §41.080; Ord. No.
  774 §1, 3-21-05)


SECTION 525.100:          EMERGENCY CASES

  In cases where it reasonably appears that there is immediate danger to
  the life or safety of a person unless a dangerous building as defined in
  Section 525.010 is immediately repaired, vacated or demolished, the
  Building Inspector shall report such facts to the City Council of the City
  and the City Council shall cause the immediate repair, vacation or
  demolition of such dangerous building. The costs of such emergency
  repair, vacation or demolition of such building shall be collected in the
  same manner as provided in Section 525.080(5). (CC §41.090; Ord. No.
  774 §1, 3-21-05)


SECTION 525.110:          LIABILITY FOR WRONGFUL ACTION

  In the event any building or structure is wrongfully demolished by this
  City, or is demolished without adhering to the procedures provided in
  this Chapter, the City shall be liable for damages as determined by a
  court of law in a suit brought by the party so damaged. (CC §41.110;
  Ord. No. 774 §1, 3-21-05)


SECTION 525.115:   PERMIT AND FEES REQUIRED FOR
               DEMOLITION OF BUILDINGS
  No person shall demolish any building or structure without first
  submitting an application to the Building Inspector specifying the
  building or structure to be demolished, the method of demolition, the
  contractor or person(s) who will perform said demolition and the time
  frame for said demolition. No person shall demolish any structure or
  building without first obtaining a permit from the Building Inspector.
  The charge for each demolition permit shall be twenty-five dollars
  ($25.00). (Ord. No. 689 §9, 7-16-01; Ord. No. 774 §1, 3-21-05)


                  CHAPTER 530: EXCAVATIONS


                  ARTICLE I. GENERAL PROVISIONS


SECTION 530.010:          PERMIT REQUIRED

  No person shall dig into, construct, repair, use, alter or in any way
  disturb any public alleyway, street, highway or sidewalk without first
  obtaining a permit to do so from the Building Inspector. In addition, no
  person shall do any fill/grading work on any ditches, culverts, drain
  ways or trenches, which would change the natural flow of water, without
  first obtaining a permit to do so from the Building Inspector.

  EXCEPTION: When City offices are closed, and an emergency arises
  requiring excavation or fill/grading work, it will be excusable to make
  the excavation without a permit, but the City must be notified
  immediately after the office opens. (Ord. No. 135 §1, 8-20-84; Ord. No.
  689 §11, 7-16-01)


SECTION 530.020:          APPLICATION FOR PERMIT

  Any person desiring a permit required by this Chapter shall make
  application therefor to the City Clerk on forms provided by the City for
  such purposes.
  (Ord. No. 135 §2, 8-20-84)
SECTION 530.030:               FEES

     The City Clerk on behalf of the City shall receive the following fees for
     issuing the permit required by this Chapter:

     1.         For excavation in sidewalks or to any streets, alley or
          highway in which the excavation is made:

          a.         Sidewalks, the sum of ten dollars ($10.00).
          b.         Gravel surface, the sum of ten dollars ($10.00).
          c.         Asphalt surface, the sum of ten dollars ($10.00).
          d.         Concrete surface, the sum of ten dollars ($10.00).

     2.          For fill/grading, the sum of twenty-five dollars ($25.00).
          (Ord. No. 135 §3, 8-20-84; Ord. No. 689 §12, 7-16-01)


SECTION 530.040:               BOND REQUIRED

A.      The City Clerk shall not issue the permit required by this Chapter
     unless the applicant therefor has first executed into the City, and
     deposited with the City Clerk, a bond with a corporate surety in the sum
     of three thousand dollars ($3,000.00) for utility contractors and five
     hundred dollars ($500.00) for residential contractors conditioned that
     said applicant will perform faithfully all work with due care and skill
     and in accordance with the provisions of this Code, ordinances and
     regulations of the City.

B.      In lieu of the required surety bond, an applicant may deposit with the
     City Clerk a certified check drawn on some good and solvent bank in the
     amount of three thousand dollars ($3,000.00) for utility contractors and
     five hundred dollars ($500.00) for residential contractors, and payable to
     the City. Said check shall be kept by the City Clerk to insure that
     applicant will perform faithfully all work with due care and skill and in
     accordance with the provisions of this Code, ordinances and regulations
     of the City. In the event that applicant fails to perform all work with due
     care and skill, or in the event that applicant violates the provisions of this
     Code, regulations and ordinances of the City, said check shall be
     forfeited to the City and cashed by the City Clerk, and the proceeds of
  said check shall be used to pay for any damage occasioned by said
  failure.
  (Ord. No. 135 §4, 8-20-84)


SECTION 530.050:            LIABILITY INSURANCE REQUIRED

  The City Clerk shall not issue the permit required by this Chapter unless
  the applicant shall deposit a policy of general liability insurance, which
  shall be in full force and effect. Said policy shall provide for the
  payment of all claims of every kind and nature which applicant shall
  become legally obligated to pay by reason of the unskillfulness or
  negligence on the part of the applicant or his employees in performing
  the work for which the said permit was obtained. Said policy of general
  liability shall be a minimum of three hundred thousand dollars
  ($300,000.00). (Ord. No. 135 §5, 8-20-84; Ord. No. 689 §13, 7-16-01)


SECTION 530.060:   CONSENT OF DIRECTOR OF PUBLIC
               WORKS

  The City Clerk shall not issue the permit required by this Chapter
  without first obtaining the written consent of the Director of Public
  Works or his designated representative. (Ord. No. 135 §6, 8-20-84)


SECTION 530.070:    EXCAVATION                  IN    CONCRETE          AND
               ASPHALT STREETS

  When using any mechanical device having steel pads or tracks for
  excavations on asphalt or concrete streets, said pads or tracks shall be
  covered with suitable material so as to not mar the asphalt or concrete
  surface of the street.

  1.          Excavations in concrete streets or sidewalks.

       All cuts in concrete shall be a minimum of four (4) feet wide and
       shall be made with approved cutting tools so as to have a straight
       edge on the adjoining pavement. All excavations in concrete shall
       have not less than six (6) inches of undisturbed soil on either side of
          the trench between trench and edge of adjoining concrete. Holes in
          concrete require doweling before new pavement is poured. Dowels
          shall be one-half (½) inch deformed bars, eighteen (18) inches long
          with nine (9) inch protrusion, eighteen (18) inches center to center,
          with a maximum of nine (9) inches to any corner of the hole. Place
          deformed bars one-half (½) depth of pavement.

     2.          Excavations in asphalt streets.

          All cuts in asphalt streets shall be made by proper cutting tools so as
          to not crack or disturb asphalt beyond width of trench. (Ord. No.
          135 §7, 8-20-84)


SECTION 530.080:               RESTORATION OF EXCAVATION

A.      Excavation in public parkways shall be re-filled and tamped in layers
     not to exceed six (6) inches in depth until restored to a density equal to
     surrounding material. The holder of the permit shall restore the parkway
     to the same condition as existed before the excavation.

B.      Excavations in concrete streets or sidewalks shall be filled with sand
     from bottom to within six (6) inches of the top of the existing concrete.
     The remaining six (6) inches shall be filled with portland cement mix as
     may be prescribed by the Director of Public Works. The holder of the
     permit shall replace said concrete to the same level as the adjoining
     concrete and where the new joins the old concrete that a firm bond is
     obtained. The top finish of the new concrete shall be the same as the old
     concrete it joins.

C.      Excavations in asphalt streets or alleys shall be filled with sand from
     the bottom to within six (6) inches of the top. The remaining six (6)
     inches of the excavation shall be filled with 6 bag mix concrete. The
     new concrete shall be well compacted and where the new concrete joins
     the old asphalt, a firm bond shall be obtained and the level of the new
     concrete surface shall be the same as the old asphalt surface it joins.

D.      Excavations in gravel streets or alleys shall be filled with sand from
     the bottom to within twelve (12) inches of the top. The remaining
     twelve (12) inches shall be filled and tamped with crushed stone and said
stone shall be tamped in layers not to exceed six (6) inches in depth.

E.     Unpaved areas, where disturbed, shall be levelled and seeded or
     conformed to surrounding area. (Ord. No. 135 §8, 8-20-84; Ord. No.
     313 §9, 10-1-90)


SECTION 530.090:              PROTECTION OF PUBLIC

     Whoever shall in this City dig, make or cause to be dug, any excavation
     in any street, avenue, alley or other public place, or in any place
     immediately adjoining the same, and shall fail or neglect to place or
     cause to be placed around and along such excavation such barriers as
     shall be sufficient to prevent persons, animals or vehicles from falling
     into such excavation, or shall fail or neglect to keep or cause to be kept a
     red light burning during the night or other warning device approved for
     use after dark, at each end of such excavation shall be deemed guilty of a
     misdemeanor. (Ord. No. 135 §9, 8-20-84)


SECTION 530.100:              PERMIT RESTRICTIONS

A.     Where the excavation extends across the entire street, the street may
     not be closed to traffic without permission of the City Traffic Engineer.
     The permit holder shall notify the Fire Department of the time the street
     will be closed and opened.

B.      All excavations in gravel and asphalt streets, including parkways,
     shall be completed within five (5) days after date of issuance. A penalty
     of ten dollars ($10.00) per day shall be charged beginning on the sixth
     (6th) day and continuing until completion unless an extension of time is
     granted by the Director of Public Works upon request of permit holder
     prior to expiration date.

C.     All excavations in concrete streets and sidewalks shall be completed
     within fifteen (15) days after issuance of permit. A penalty of ten dollars
     ($10.00) per day shall be charged beginning on the sixteenth (16th) day
     and continuing until completion unless an extension of time is granted
     by the Director of Public Works upon request of permit holder prior to
     expiration date.
     The permit holder shall keep barricades around the concrete excavation
     area for five (5) days after replacement to give sufficient time for curing
     of new concrete. Where excavation extends across an entire street, then
     permit holder shall replace the concrete on one-half (½) of the street at a
     time.

D.      The permit holder shall be responsible for maintenance of excavation
     they make in streets, sidewalks and parkways for period of six (6)
     months from date of issuance of permit. Upon notice by the Director of
     Public Works, the permit holder shall make any necessary repairs within
     eight (8) hours after notification. Failure to do so by the permit holder,
     the City shall make the necessary repairs and charge all costs to the
     permit holder. (Ord. No. 135 §10, 8-20-84)


SECTION 530.110:              EXEMPT PARTIES

     Utility companies who do their own work and pay franchise tax, shall be
     exempt from section 530.030 Of this chapter. Contractors working for
     utility companies are not exempt from section 530.030 Of this chapter.
     (Ord. No. 135 §11, 8-20-84)


                      ARTICLE II.         DRAINAGE PIPES ON CITY
RIGHT OF WAYS


SECTION 530.120:    INSTALLATION OF DRAINAGE PIPES
               ON CITY RIGHT OF WAYS

A.      Any resident wishing to install a drainage pipe under his or her
     driveway which is located on a City right-of-way shall make application
     to the City's Public Works Director for said installation.

B.      Upon receipt of said application, the Public Works Director shall view
     the location of the proposed installation and shall approve the
     application, unless he determines the installation of the drainage pipe
     would impede the flow of surface water or cast surface water onto
     adjoining property to the detriment of adjoining property owners.
C.      Upon approval of said application, the Public Works Director shall
     notify the applicant of what materials are required and the exact
     specifications for complete installation of the pipe specifying the length,
     dimension and construction of the pipe and, thereafter, the resident shall
     purchase the materials required and commence installation. A final
     inspection of the installation by the Public Works Director will be
     conducted upon completion of installation. Failure to properly install
     said pipe may result in penalties and fines as stated in this Code.

D.    No drainage pipe shall be installed which is less than twelve (12)
inches in diameter. The maximum and minimum diameters for drainage
pipes shall be determined by the Public Works Director. (Ord. No. 385 §1,
11-2-92; Ord. No. 701 §1, 3-4-02)


                      CHAPTER 535: FLOODPLAIN MANAGEMENT

            Editor's Note─Ord. no. 712, adopted December 2, 2002,
                repealed sections 535.010─535.210 and enacted the new
                provisions set out herein. Former sections 535.010─535.210
                derived from ord. no. 187 Art. I─VII, 2-17-87; ord. no. 387
                §§1─3, 10-19-97; ord. no. 689 §14, 7-16-01.


              ARTICLE I. STATUTORY AUTHORIZATION,
FINDINGS OF FACT AND PURPOSES


SECTION 535.010:              STATUTORY AUTHORIZATION

     The legislature of the State of Missouri has in Section 77.530, RSMo.,
     delegated the responsibility to local governmental units to adopt
     floodplain management regulations designed to protect the health, safety
     and general welfare. Therefore, the City Council of Scott City,
     Missouri, ordains as follows. (Ord. No. 712, 12-2-02)


SECTION 535.020:              FINDINGS OF FACT
A.      Flood Losses Resulting From Periodic Inundation. The special flood
     hazard areas of the City of Scott City, Missouri, are subject to 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.     General Causes Of The Flood Losses. These flood losses are caused
     by:

     1. The cumulative effect of development in any delineated floodplain
        causing increases in flood heights and velocities; and

     2. The occupancy of flood hazard areas by uses vulnerable to floods,
        hazardous to others, inadequately elevated, or otherwise unprotected
        from flood damages.

C.      Methods Used To Analyze Flood Hazards. The Flood Insurance
     Study (FIS) that is the basis of this Chapter uses a standard engineering
     method of analyzing flood hazards which consist of a series of
     interrelated steps.

     1. Selection of a base flood that is based upon engineering calculations
        which permit a consideration of such flood factors as its expected
        frequency of occurrence, the area inundated, and the depth of
        inundation. The base flood selected for this Chapter is representative
        of large floods which are characteristic of what can be expected to
        occur on the particular streams subject to this Chapter. It is the
        general order of a flood which could be expected to have a one
        percent (1%) chance of occurrence in any one (1) year as delineated
        on the Federal Insurance Administrator's most recent FIS and
        illustrative materials dated May 4, 1988, as amended, and any future
        revisions thereto.

     2. Calculations of water surface profiles are based on a standard
        hydraulic engineering analysis of the capacity of the stream channel
        and overbank areas to convey the regulatory flood. (Ord. No. 712,
        12-2-02; Ord. No. 763 §1, 7-19-04)
SECTION 535.030:           STATEMENT OF PURPOSE

  It is the purpose of this Chapter to promote the public health, safety and
  general welfare; to minimize those losses described in Section
  535.020(A); to establish or maintain the community's eligibility for
  participation in the National Flood Insurance Program (NFIP) as defined
  in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the
  requirements of 44 CFR 60.3(c) by applying the provisions of this
  Chapter to:

  1. Restrict or prohibit uses that are dangerous to health, safety or
     property in times of flooding or cause undue increases in flood
     heights or velocities;

  2. Require uses vulnerable to floods, including public facilities that
     serve such uses, be provided with flood protection at the time of
     initial construction; and

  3. Protect individuals from buying lands that are unsuited for the
     intended development purposes due to the flood hazard. (Ord. No.
     712, 12-2-02)


                   ARTICLE II. GENERAL PROVISIONS


SECTION 535.040:           LANDS TO WHICH CHAPTER APPLIES

  This Article shall apply to all lands within the jurisdiction of the City of
  Scott City Flood Insurance Rate Map (FIRM) dated May 4, 1988, and
  Scott County's Flood Insurance Rate Maps (FIRM), Panels 28 and 50
  dated September 6, 1989, amended, and any future revisions thereto. In
  all areas covered by this Article, no development shall be permitted
  except through the issuance of a floodplain development permit granted
  by the City of Scott City or its duly designated representative under such
  safeguards and restrictions as the City of Scott City or the designated
  representative may reasonably impose for the promotion and
  maintenance of the general welfare, health of the inhabitants of the
  community, and as specifically noted in Article IV. (Ord. No. 712, 12-2-
  02; Ord. No. 763 §2, 7-19-04)
SECTION 535.050:          FLOODPLAIN ADMINISTRATOR

  The City Building Inspector is hereby designated as the Floodplain
  Administrator under this Chapter. (Ord. No. 712, 12-2-02)


SECTION 535.060:          COMPLIANCE

  No development located within the special flood hazard areas of this
  community shall be located, extended, converted or structurally altered
  without full compliance with the terms of this Chapter and other
  applicable regulations. (Ord. No. 712, 12-2-02)


SECTION 535.070:    ABROGATION                     AND         GREATER
               RESTRICTIONS

  It is not intended by this Chapter to repeal, abrogate or impair any
  existing easements, covenants or deed restrictions. However, where this
  Chapter imposes greater restrictions, the provisions of this Chapter shall
  prevail. All other ordinances inconsistent with this Chapter are hereby
  repealed to the extent of the inconsistency only. (Ord. No. 712, 12-2-02)

SECTION 535.080:          INTERPRETATION

  In their interpretation and application, the provisions of this Chapter
  shall be held to be minimum requirements, shall be liberally construed in
  favor of the Governing Body, and shall not be deemed a limitation or
  repeal of any other powers granted by State Statutes. (Ord. No. 712, 12-
  2-02)

SECTION 535.090:          WARNING          AND      DISCLAIMER          OF
LIABILITY

  The degree of flood protection required by this Chapter is considered
  reasonable for regulatory purposes and is based on engineering and
  scientific methods of study. Larger floods may occur on rare occasions
  or the flood heights may be increased by manmade or natural causes,
  such as ice jams and bridge openings restricted by debris. This Chapter
  does not imply that areas outside the floodplain or land uses permitted
  within such areas will be free from flooding or flood damage. This
  Chapter shall not create a liability on the part of the City of Scott City,
  any officer or employee thereof for any flood damages that may result
  from reliance on this Chapter or any administrative decision lawfully
  made thereunder. (Ord. No. 712, 12-2-02)


SECTION 535.100:          SEVERABILITY

  If any Section, clause, provision or portion of this Chapter is adjudged
  unconstitutional or invalid by a court of appropriate jurisdiction, the
  remainder of this Chapter shall not be affected thereby. (Ord. No. 712,
  12-2-02)


                   ARTICLE III. ADMINISTRATION


SECTION 535.110:    FLOODPLAIN DEVELOPMENT PERMIT
               (REQUIRED)

  A floodplain development permit shall be required for all proposed
  construction or other development, including the placement of
  manufactured homes, in the areas described in Article II, Section
  535.040. No person, firm, corporation or unit of government shall
  initiate any development or substantial improvement or cause the same
  to be done without first obtaining a separate floodplain development
  permit for each structure or other development. (Ord. No. 712, 12-2-02)


SECTION 535.120:    DESIGNATION                   OF       FLOODPLAIN
               ADMINISTRATOR

  The Building Inspector is hereby appointed to administer and implement
  the provisions of this Chapter. (Ord. No. 712, 12-2-02)


SECTION 535.130:   DUTIES AND RESPONSIBILITIES OF
               FLOODPLAIN ADMINISTRATOR
Duties of the Building Inspector shall include, but not be limited to:

1. Review of all applications for floodplain development permits to
   assure that sites are reasonably safe from flooding and that the
   floodplain development permit requirements of this Chapter have
   been satisfied;

2. Review of all applications for floodplain development permits for
   proposed development to assure that all necessary permits have been
   obtained from Federal, State or local governmental agencies from
   which prior approval is required by Federal, State or local law;

3. Review all subdivision proposals and other proposed new
   development, including manufactured home parks or subdivisions, to
   determine whether such proposals will be reasonably safe from
   flooding;

4. Issue floodplain development permits for all approved applications;

5. Notify adjacent communities and the State of Missouri Emergency
   Management Agency prior to any alteration or relocation of a
   watercourse and submit evidence of such notification to the Federal
   Emergency Management Agency (FEMA);

6. Assure that maintenance is provided within the altered or relocated
   portion of any watercourse so that the flood-carrying capacity is not
   diminished;

7. Verify and maintain a record of the actual elevation (in relation to
   mean sea level) of the lowest floor, including basement, of all new or
   substantially improved structures;

8. Verify and maintain a record of the actual elevation (in relation to
   mean sea level) that the new or substantially improved non-
   residential structures have been floodproofed;

9. When floodproofing techniques are utilized for a particular non-
   residential structure, the Building Inspector shall require certification
   from a registered professional engineer or architect. (Ord. No. 712,
   12-2-02)
SECTION 535.140:    APPLICATION  FOR                       FLOODPLAIN
               DEVELOPMENT PERMIT

  To obtain a floodplain development permit, the applicant shall first file
  an application in writing on a form furnished for that purpose. Every
  floodplain development permit application shall:

  1. Describe the land on which the proposed work is to be done by lot,
     block and tract, house and street address or similar description that
     will readily identify and specifically locate the proposed structure or
     work;

  2. Identify and describe the work to be covered by the floodplain
     development permit;

  3. Indicate the use or occupancy for which the proposed work is
     intended;

  4. Indicate the assessed value of the structure and the fair market value
     of the improvement;

  5. Identify the existing base flood elevation and the elevation of the
     proposed development;

  6. Give such other information as reasonably may be required by the
     Building Inspector;

  7. Be accompanied by plans and specifications for proposed
     construction; and

  8. Be signed by the permittee or his authorized agent who may be
     required to submit evidence to indicate such authority. (Ord. No.
     712, 12-2-02)


            ARTICLE IV.                  PROVISIONS FOR FLOOD
HAZARD REDUCTION
SECTION 535.150:             GENERAL STANDARDS

A.      No permit for floodplain development shall be granted for new
     construction, substantial improvements and other improvements,
     including the placement of manufactured homes, within any unnumbered
     or numbered A Zones, AE, AO and AH Zones, unless the conditions of
     this Section are satisfied.

B.      All areas identified as unnumbered A Zones on the FIRM are subject
     to inundation of the 100-year flood; however, the base flood elevation is
     not provided. Development within unnumbered A Zones is subject to all
     provisions of this Chapter. If Flood Insurance Study data is not
     available, the community shall obtain, review and reasonably utilize any
     base flood elevation or floodway data currently available from Federal,
     State or other sources.

C.      Until a floodway is designated, no new construction, substantial
     improvements or other development, including fill, shall be permitted
     within any numbered A Zone or AE Zone on the FIRM unless it is
     demonstrated that the cumulative effect of the proposed development,
     when combined with all other existing and anticipated development, will
     not increase the water surface elevation of the base flood more than one
     (1) foot at any point within the community.

D.     All new construction, subdivision proposals, substantial
     improvements, prefabricated structures, placement of manufactured
     homes and other developments shall require:

     1. Design or adequate anchorage to prevent flotation, collapse or lateral
        movement of the structure resulting from hydrodynamic and
        hydrostatic loads, including the effects of buoyancy;

     2. Construction with materials resistant to flood damage;

     3. Utilization of methods and practices that minimize flood damages;

     4. All electrical, heating, ventilation, plumbing, air-conditioning
        equipment and other service facilities be designed and/or located so
        as to prevent water from entering or accumulating within the
        components during conditions of flooding;
     5. New or replacement water supply systems and/or sanitary sewage
        systems be designed to minimize or eliminate infiltration of
        floodwaters into the systems and discharges from the systems into
        floodwaters, and on-site waste disposal systems be located so as to
        avoid impairment or contamination; and

     6. Subdivision proposals and other proposed new development,
        including manufactured home parks or subdivisions, located within
        special flood hazard areas are required to assure that:

        a. All such proposals are consistent with the need to minimize flood
           damage;

        b. All public utilities and facilities, such as sewer, gas, electrical
           and water systems are located and constructed to minimize or
           eliminate flood damage;

        c. Adequate drainage is provided so as to reduce exposure to flood
           hazards; and

        d. All proposals for development, including proposals for
           manufactured home parks and subdivisions, greater than five (5)
           acres or fifty (50) lots, whichever is lesser, include within such
           proposals base flood elevation data.

E.      Accessory Structures. Structures used solely for parking and limited
     storage purposes, not attached to any other structure on the site, of
     limited investment value, and not larger than four hundred (400) square
     feet may be constructed at-grade and wet-floodproofed provided there is
     no human habitation or occupancy of the structure; the structure is of
     single-wall design; a variance has been granted from the standard
     floodplain management requirements of this Chapter; and a floodplain
     development permit has been issued.

F.     Storage, Material And Equipment.

     1. The storage or processing of materials within the special flood hazard
        area that are in time of flooding buoyant, flammable, explosive or
        could be injurious to human, animal or plant life is prohibited.
  2. Storage of other material or equipment may be allowed if not subject
     to major damage by floods, if firmly anchored to prevent flotation, or
     if readily removable from the area within the time available after a
     flood warning. (Ord. No. 712, 12-2-02)

SECTION 535.160:          SPECIFIC STANDARDS

  In all areas identified as unnumbered and numbered A Zones, AE and
  AH Zones, where base flood elevation data have been provided as set
  forth in Article IV, Section 535.150(B), the following provisions are
  required:

  1. Residential construction.       New construction or substantial
     improvement of any residential structures, including manufactured
     homes, shall have the lowest floor, including basement, elevated to
     one (1) foot above base flood level.

  2. Non-residential construction. New construction or substantial
     improvement of any commercial, industrial or other non-residential
     structures, including manufactured homes, shall have the lowest
     floor, including basement, elevated to one (1) foot above the base
     flood level or, together with attendant utility and sanitary facilities,
     be floodproofed so that below the base flood elevation the structure
     is watertight with walls substantially impermeable to the passage of
     water and with structural components having the capability of
     resisting hydrostatic and hydrodynamic loads and effects of
     buoyancy. A registered professional engineer or architect shall
     certify that the standards of this Subsection are satisfied. Such
     certification shall be provided to the Floodplain Administrator as set
     forth in Article III, Section 535.130(9).

  3. Require, for all new construction and substantial improvements, that
     fully enclosed areas below lowest floor used solely for parking of
     vehicles, building access, or storage in an area other than a basement
     and that are subject to flooding shall be designed to automatically
     equalize hydrostatic flood forces on exterior walls by allowing for
     the entry and exit of floodwaters. Designs for meeting this
     requirement must either be certified by a registered professional
     engineer or architect or meet or exceed the following minimum
     criteria:
        a. A minimum of two (2) openings having a total net area of not
           less than one (1) square inch for every square foot of enclosed
           area subject to flooding shall be provided; and

        b. The bottom of all openings shall be no higher than one (1) foot
           above grade. Openings may be equipped with screens, louvers,
           valves or other coverings or devices provided that they permit
           the automatic entry and exit of floodwaters. (Ord. No. 712, 12-
           2-02)


SECTION 535.170:            MANUFACTURED HOMES

A.      All manufactured homes to be placed within all unnumbered and
     numbered A Zones, AE and AH Zones on the community's FIRM shall
     be required to be installed using methods and practices that minimize
     flood damage. For the purposes of this requirement, manufactured
     homes must be elevated and anchored to resist flotation, collapse or
     lateral movement. Methods of anchoring may include, but are not
     limited to, use of over-the-top or frame ties to ground anchors.

B.     Require manufactured homes that are placed or substantially
     improved within unnumbered or numbered A Zones, AE and AH Zones
     on the community's FIRM on sites:

     1. Outside of a manufactured home park or subdivision;

     2. In a new manufactured home park or subdivision;

     3. In an expansion to an existing manufactured home park or
        subdivision; or

     4. In an existing manufactured home park or subdivision on which a
        manufactured home has incurred substantial damage as the result of
        a flood

     be elevated on a permanent foundation such that the lowest floor of the
     manufactured home is elevated to one (1) foot above the base flood
     elevation and be securely attached to an adequately anchored foundation
     system to resist flotation, collapse and lateral movement.
C.    Require that manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or subdivision
within all unnumbered and numbered A Zones, AE and AH Zones on the
community's FIRM, that are not subject to the provisions of Article IV,
Section 535.170(B) of this Chapter, be elevated so that either:

   1. The lowest floor of the manufactured home is at one (1) foot above
      the base flood elevation; or

   2. The manufactured home chassis is supported by reinforced piers or
      other foundation elements of at least equivalent strength that are no
      less than thirty-six (36) inches in height above grade and be securely
      attached to an adequately anchored foundation system to resist
      flotation, collapse and lateral movement. (Ord. No. 712, 12-2-02)


SECTION 535.180:    AREAS OF SHALLOW FLOODING (AO
               AND AH ZONES)

   Located within the areas of special flood hazard as described in Article
   II, Section 535.040 are areas designated as AO Zones. 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. The following
   provisions apply:

   1. AO Zones.

       a. All new construction and substantial improvements of residential
          structures, including manufactured homes, shall have the lowest
          floor, including basement, elevated above the highest adjacent
          grade at least as high as the depth number specified in feet on the
          community's FIRM (at least two (2) feet if no depth number is
          specified).

       b. All new construction and substantial improvements of any
          commercial, industrial or other non-residential structures,
          including manufactured homes, shall have the lowest floor,
          including basement, elevated above the highest adjacent grade at
          least as high as the depth number specified in feet on the
         community FIRM (at least two (2) feet if no depth number is
         specified) or, together with attendant utilities and sanitary
         facilities, be completely floodproofed to that so that 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.

     c. Adequate drainage paths shall be required around structures on
        slopes in order to guide floodwaters around and away from
        proposed structures.

  2. AH Zones.

     a. The specific standards for all areas of special flood hazard where
        base flood elevation has been provided shall be required as set
        forth in Article IV, Section 535.160 and Section 535.170.

     b. Adequate drainage paths shall be required around structures on
        slopes in order to guide floodwaters around and away from
        proposed structures. (Ord. No. 712, 12-2-02)


SECTION 535.190:    FLOODWAY (AS DETERMINED FROM
               DATA AVAILABLE FROM OTHER SOURCES)

  If a community determines there are areas of special flood hazard that
  may be defined as floodway through the use of base flood elevation and
  floodway data available from a Federal, State or other source, including
  data developed pursuant to Article IV, Section 535.150(D)(6)(d), and
  determines this data is suitable as criteria for requiring that new
  construction, substantial improvements or other development in Zone A,
  the community must meet the standards below:

  1. Adopt a regulatory floodway based on the principle that the area
     chosen for the regulatory floodway must be designed to carry the
     waters of the base flood without increasing the water surface
     elevation of that flood more than one (1) foot at any point.

  2. Prohibit encroachments, including fill, new construction, substantial
        improvements and other development, within the adopted regulatory
        floodway unless it has been demonstrated through hydrologic and
        hydraulic analyses performed in accordance with standard
        engineering practice that the proposed encroachment would not
        result in any increase in flood levels within the community during
        the occurrence of the base flood discharge. (Ord. No. 712, 12-2-02)


SECTION 535.200:              TRAVEL TRAILER VEHICLES

     Require that travel trailer vehicles, as defined in Section 400.030, placed
     on sites within all unnumbered and numbered A Zones, AO, AE and AH
     Zones on the community's FIRM either:

     1. Be on the site for fewer than one hundred eighty (180) consecutive
        days;

     2. Be fully licensed and ready for highway use; or

     3. Meet the permitting, elevation and anchoring requirements for
        manufactured homes of this Chapter. (Ord. No. 712, 12-2-02)


             ARTICLE V.                  FLOODPLAIN MANAGEMENT
VARIANCE PROCEDURES


SECTION 535.210:              ESTABLISHMENT OF APPEAL BOARD

     The Scott City Board of Adjustments as established by the City of Scott
     City shall hear and decide appeals and requests for variances from the
     floodplain management requirements of this Chapter. (Ord. No. 712,
     12-2-02)


SECTION 535.220:              RESPONSIBILITY OF APPEAL BOARD

A.      Where an application for a floodplain development permit or request
     for a variance from the floodplain management regulations is denied by
     the Building Inspector, the applicant may apply for such floodplain
     development permit or variance directly to the Appeal Board as defined
     in Article V, Section 535.210.

B.      The Board of Adjustments 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. (Ord. No. 712, 12-2-02)


SECTION 535.230:              FURTHER APPEALS

     Any person aggrieved by the decision of the Board of Adjustments or
     any taxpayer may appeal such decision to the Scott County Circuit Court
     as provided in Sections 536.100─536.140, RSMo. (Ord. No. 712, 12-2-
     02; Ord. No. 763 §3, 7-19-04)

SECTION 535.240:    FLOODPLAIN                               MANAGEMENT
               VARIANCE CRITERIA

     In passing upon such applications for variances, the Appeal Board shall
     consider all technical data and evaluations, all relevant factors, standards
     specified in other Sections of this Chapter and the following criteria:

     1. The danger to life and property due to flood damage;

     2. The danger that materials may be swept onto other lands to the injury
        of others;

     3. The susceptibility of the proposed facility and its contents to flood
        damage and the effect of such damage on the individual owner;

     4. The importance of the services provided by the proposed facility to
        the community;

     5. The necessity to the facility of a waterfront location, where
        applicable;

     6. The availability of alternative locations, not subject to flood damage,
        for the proposed use;
     7. The compatibility of the proposed use with existing and anticipated
        development;

     8. The relationship of the proposed use to the Comprehensive Plan and
        floodplain management program for that area;

     9. The safety of access to the property in times of flood for ordinary
        and emergency vehicles;

     10.        The expected heights, velocity, duration, rate of rise and
           sediment transport of the floodwaters, if applicable, expected at the
           site; and

     11.       The cost 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, streets
           and bridges. (Ord. No. 712, 12-2-02)


SECTION 535.250:   CONDITIONS    FOR    APPROVING
               FLOODPLAIN MANAGEMENT VARIANCES

A.      Generally, variances may be issued for new construction and
     substantial improvements to be erected on a lot of one-half (½) acre or
     less in size contiguous to and surrounded by lots with existing structures
     constructed below the base flood elevation, providing Subsections (B)
     through (F) below have been fully considered. As the lot size increases
     beyond the one-half (½) acre, the technical justification required for
     issuing the variance increases.

B.      Variances may be issued for the reconstruction, rehabilitation or
     restoration of structures listed on the National Register of Historic
     Places, the State inventory of historic places or local inventory of
     historic places upon determination provided the proposed activity will
     not preclude the structure's continued historic designation.

C.      Variances shall not be issued within any designated floodway if any
     increase in flood levels during the base flood discharge would result.
D.      Variances shall only be issued upon a determination that the variance
     is the minimum necessary, considering the flood hazard, to afford relief.

E.     Variances shall only be issued upon:

     1. A showing of good and sufficient cause,

     2. A determination that failure to grant the variance would result in
        exceptional hardship to the applicant, and

     3. A determination that the granting of a variance will not result in
        increased flood heights, additional threats to public safety,
        extraordinary public expense, create nuisances, cause fraud on or
        victimization of the public, or conflict with existing local laws or
        ordinances.

F.      A community shall notify the applicant in writing over the signature
     of a community official that:

     1. The issuance of a variance to construct a structure below base flood
        elevation will result in increased premium rates for flood insurance
        up to amounts as high as twenty-five dollars ($25.00) for one
        hundred dollars ($100.00) of insurance coverage, and

     2. Such construction below the base flood elevation increases risks to
        life and property. Such notification shall be maintained with the
        record of all variance actions as required by this Chapter. (Ord. No.
        712, 12-2-02)


SECTION 535.260:    CONDITIONS    FOR     APPROVING
               VARIANCES FOR ACCESSORY STRUCTURES

A.      Any variance granted for an accessory structure shall be decided
     individually based on a case-by-case analysis of the building's unique
     circumstances. Variances granted shall meet the following conditions as
     well as those criteria and conditions set forth in Article V, Sections
     535.240 and 535.250 of this Chapter.

B.     In order to minimize flood damages during the 100-year flood and the
threat to public health and safety, the following conditions shall be
included for any variance issued for accessory structures that are
constructed at-grade and wet-floodproofed.

1. Use of the accessory structures must be solely for parking and
   limited storage purposes in Zone A only as identified on the
   community's Flood Insurance Rate Map (FIRM).

2. For any new or substantially damaged accessory structures, the
   exterior and interior building components and elements (i.e.,
   foundation, wall framing, exterior and interior finishes, flooring,
   etc.) below the base flood elevation must be built with flood-resistant
   materials in accordance with Article IV, Section 535.150(D)(2) of
   this Chapter.

3. The accessory structures must be adequately anchored to prevent
   flotation, collapse or lateral movement of the structure in accordance
   with Article IV, Section 535.150(D)(1) of this Chapter. All of the
   building's structural components must be capable of resisting
   specific flood-related forces including hydrostatic, buoyancy and
   hydrodynamic and debris impact forces.

4. Any mechanical, electrical or other utility equipment must be located
   above the base flood elevation or floodproofed so that they are
   contained within a watertight, floodproofed enclosure that is capable
   of resisting damage during flood conditions in accordance with
   Article IV, Section 535.150(D)(4) of this Chapter.

5. The accessory structures must meet all National Flood Insurance
   Program (NFIP) opening requirements. The NFIP requires that
   enclosure or foundation walls, subject to the 100-year flood, contain
   openings that will permit the automatic entry and exit of floodwaters
   in accordance with Article IV, Section 535.160(A)(3) of this
   Chapter.

6. The accessory structures must comply with the floodplain
   management floodway encroachment provisions of Article IV,
   Section 535.190 of this Chapter. No variances may be issued for
   accessory structures within any designated floodway if any increase
   in flood levels would result during the 100-year flood.
  7. Equipment, machinery or other contents must be protected from any
     flood damage.

  8. No disaster relief assistance under any program administered by any
     Federal agency shall be paid for any repair or restoration costs of the
     accessory structures.

  9. A community shall notify the applicant in writing over the signature
     of a community official that:

        a. The issuance of a variance to construct a structure below base
           flood elevation will result in increased premium rates for flood
           insurance up to amounts as high as twenty-five dollars ($25.00)
           for one hundred dollars ($100.00) of insurance coverage, and

        b. Such construction below the base flood elevation increases risks
           to life and property. Such notification shall be maintained with
           the record of all variance actions as required by this Chapter.

  10.      Wet-floodproofing construction techniques must be reviewed
        and approved by the community and registered professional engineer
        or architect prior to the issuance of any floodplain development
        permit for construction. (Ord. No. 712, 12-2-02)


                    ARTICLE VI. PENALTIES FOR VIOLATION


SECTION 535.270:           PENALTIES FOR VIOLATION

  Violation of the provisions of this Chapter or failure to comply with any
  of its requirements (including violations of conditions and safeguards
  established in connection with granting of variances) 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) and, in addition, shall pay all
  costs and expenses involved in the case. Each day such violation
  continues shall be considered a separate offense. Nothing herein
  contained shall prevent the City of Scott City or other appropriate
  authority from taking such other lawful action as is necessary to prevent
  or remedy any violation. (Ord. No. 712, 12-2-02)


                  ARTICLE VII. AMENDMENTS


SECTION 535.280:          AMENDMENTS

  The regulations, restrictions and 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 of 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 Scott City. 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 Region VII office of
  the Federal Emergency Management Agency (FEMA). The regulations
  of this Chapter are in compliance with the [Article 5, Section F(10)]
  National Flood Insurance Program (NFIP) regulations. (Ord. No. 712,
  12-2-02)


                  ARTICLE VIII. DEFINITIONS


SECTION 535.290:          DEFINITIONS

  Unless specifically defined below, words or phrases used in this Chapter
  shall be interpreted so as to give them the same meaning they have in
  common usage and to give this Chapter its most reasonable application.

  100-YEAR FLOOD: See "BASE FLOOD".

  ACCESSORY STRUCTURE:                The    same   as   "APPURTENANT
  STRUCTURE".

  ACTUARIAL RATES: See "RISK PREMIUM RATES".
ADMINISTRATOR: The Federal Insurance Administrator.

AGENCY: The Federal Emergency Management Agency (FEMA).

APPEAL: A request for review of the Floodplain Administrator's
interpretation of any provision of this Chapter or a request for a variance.

APPURTENANT STRUCTURE: A structure that is on the same parcel
of property as the principal structure to be insured and the use of which
is incidental to the use of the principal structure.

AREA OF SHALLOW FLOODING: A designated AO or AH Zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent (1%)
or greater annual chance of flooding to an average depth of one (1) to
three (3) feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain
within a community subject to a one percent (1%) or greater chance of
flooding in any given year.

BASE FLOOD: The flood having a one percent (1%) chance of being
equaled or exceeded in any given year.

BASEMENT: Any area of the structure having its floor subgrade (below
ground level) on all sides.

BUILDING: See "STRUCTURE".

CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL:
The official of the community who is charged with the authority to
implement and administer laws, ordinances and regulations for that
community.

COMMUNITY: Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.

DEVELOPMENT: Any manmade change to improved or unimproved
real estate including, but not limited to, buildings or other structures,
levees, levee systems, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.

ELEVATED BUILDING: For insurance purposes, a non-basement
building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings or columns.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY: A
community for which the Administrator has authorized the sale of flood
insurance under the National Flood Insurance Program (NFIP).

EXISTING CONSTRUCTION: For the purposes of determining rates,
structures for which the "start of construction" commenced before the
effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date. "Existing construction" may also be referred
to as "existing structures".

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A
manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION: The preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).

FLOOD OR FLOODING: A general and temporary condition of partial
or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters, and/or

2. The unusual and rapid accumulation or runoff of surface waters from
   any source.
FLOOD ELEVATION DETERMINATION: A determination by the
Administrator of the water surface elevations of the base flood, that is,
the flood level that has a one percent (1%) or greater chance of
occurrence in any given year.

FLOOD ELEVATION STUDY:               An examination, evaluation and
determination of flood hazards.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a
community on which the Administrator has delineated both the special
flood hazard areas and the risk premium zones applicable to the
community.

FLOOD INSURANCE STUDY (FIS): An examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water
surface elevations.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible
to being inundated by water from any source (see "FLOODING").

FLOODPLAIN MANAGEMENT: The operation of an overall program
of corrective and preventive measures for reducing flood damage
including, but not limited to, emergency preparedness plans, flood
control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as floodplain and grading ordinances) and
other applications of Police power. The term describes such State or
local regulations, in any combination thereof, that provide standards for
the purpose of flood damage prevention and reduction.

FLOODPROOFING: Any combination of structural and non-structural
additions, changes or adjustments to structures that reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, or structures and their contents.

FLOODWAY OR REGULATORY FLOODWAY: The channel of a river
or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foot.

FREEBOARD: A factor of safety usually expressed in feet above a
flood level for purposes of floodplain management. "Freeboard" tends
to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood
and floodway, as determined from data available from other sources,
conditions, such as bridge openings and the hydrological effect of
urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE: A use that cannot perform its
intended purpose unless it is located or carried out in close proximity to
water. This term includes only docking facilities and facilities that are
necessary for the loading and unloading of cargo or passengers, but does
not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.

HISTORIC STRUCTURE: Any structure that is:

1. Listed individually in the National Register of Historic Places (a
   listing maintained by the Department of Interior) or preliminarily
   determined by the Secretary of the Interior as meeting the
   requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior
   as contributing to the historical significance of a registered historic
   district or a district preliminarily determined by the Secretary to
   qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in States
   with historic preservation programs which have been approved by
   the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in
   communities with historic preservation programs that have been
   certified either:
   a. By an approved State program as determined by the Secretary of
      the Interior, or

   b. Directly by the Secretary of the Interior in States without
      approved programs.

LOWEST FLOOR: The lowest floor of the lowest enclosed area,
including basement. An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access, or storage, in an area
other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in
violation of the applicable floodproofing design requirements of this
Chapter.

MOBILE HOME: A structure, transportable in one (1) or more sections,
that is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational
vehicle".

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.

MAP: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a
community issued by the Federal Emergency Management Agency
(FEMA).

MARKET VALUE OR FAIR MARKET VALUE: An estimate of what is
fair, economic, just and equitable value under normal local market
conditions.

MEAN SEA LEVEL: For purposes of the National Flood Insurance
Program (NFIP), the National Geodetic Vertical Datum (NGVD) of
1929 or other datum to which base flood elevations shown on a
community's Flood Insurance Rate Map (FIRM) are referenced.

NEW CONSTRUCTION: For the purposes of determining insurance
rates, structures for which the "start of construction" commenced on or
after the effective date of an initial FIRM or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction"
means structures for which the "start of construction"commenced on or
after the effective date of the floodplain management regulations
adopted by a community and includes any subsequent improvements to
such structures.

NEW MOBILE HOME PARK OR SUBDIVISION: A mobile home park
or subdivision for which the construction of facilities for servicing the
lot on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on
or after the effective date of floodplain management regulations adopted
by the community.

(NFIP): The National Flood Insurance Program (NFIP).

PARTICIPATING COMMUNITY ALSO KNOWN AS AN ELIGIBLE
COMMUNITY:          A community in which the Administrator has
authorized the sale of flood insurance.

PERSON: Includes any individual or group of individuals, corporation,
partnership, association or any other entity, including Federal, State and
local governments and agencies.

PRINCIPALLY ABOVE GROUND: At least fifty-one percent (51%) of
the actual cash value of the structure, less land value, is above ground.

REMEDY A VIOLATION: To bring the structure or other development
into compliance with Federal, State or local floodplain management
regulations or, if this is not possible, to reduce the impacts of its non-
compliance.

RISK PREMIUM RATES: Those rates established by the Administrator
pursuant to individual community studies and investigations which are
undertaken to provide flood insurance in accordance with Section 1307
of the National Flood Disaster Protection Act of 1973 and the accepted
actuarial principles. "Risk premium rates" include provisions for
operating costs and allowances.
SPECIAL FLOOD HAZARD AREA: See "AREA OF SPECIAL FLOOD
HAZARD".

SPECIAL HAZARD AREA: An area having special flood hazards and
shown on an FHBM, FIRM or FBFM as Zones (unnumbered or
numbered) A, AO, AE or AH.

START OF CONSTRUCTION: Includes substantial improvements and
means the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition placement
or other improvements were within one hundred eighty (180) days of the
permit date. The "actual start" means either the first (1st) placement of
permanent construction of a structure on a site, such as the pouring of
slabs or footings, the installation of piles, the construction of columns,
any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling, the
installation of streets and/or walkways, excavation for a basement,
footings, piers, foundations, the erection of temporary forms, nor
installation on the property of accessory structures, 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.

STATE COORDINATING AGENCY:               That agency of the State
Government or other office designated by the Governor of the State or
by State Statute at the request of the Administrator to assist in the
implementation of the National Flood Insurance Program (NFIP) in that
State.

STRUCTURE: For floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. "Structure", for
insurance purposes, means a walled and roofed building, other than a gas
or liquid storage tank, that is principally above ground and affixed to a
permanent site, as well as a manufactured home on a permanent
foundation. For the latter purpose, the term includes a building while in
the course of construction, alteration or repair but does not include
building materials or supplies intended for use in such construction,
alteration or repair unless such materials or supplies are within an
enclosed building on the premises.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a
structure whereby the cost of restoring the structure to pre-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
start of construction of the improvement. This term includes structures
which have incurred substantial damage regardless of the actual repair
work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing
   violations of State or local health, sanitary or safety code
   specifications that have been identified by the local Code
   Enforcement Official and which are the minimum necessary to
   assure safe living conditions, or

2. Any alteration of a "historic structure" provided that the alteration
   will not preclude the structure's continued designation as a "historic
   structure".

TRAVEL TRAILER: A vehicular portable structure built on a chassis,
self-propelled or designed to be pulled by another vehicle, which is
designed to be or actually used as a temporary dwelling for travel,
recreation or vacation.

VARIANCE: A grant of relief by the community from the terms of a
floodplain management regulation. Flood insurance requirements
remain in place for any varied use or structure and cannot be varied by
the community.

VIOLATION: The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required by this Chapter
is presumed to be in violation until such time as that documentation is
provided.

WATER SURFACE ELEVATION: The height in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum where
specified) of floods of various magnitudes and frequencies in the
floodplain. (Ord. No. 712, 12-2-02)
                                  TITLE VI. BUSINESS AND OCCUPATION


                                  CHAPTER 600: BUSINESS LICENSES


                                  ARTICLE I. GENERAL PROVISIONS


SECTION 600.010:             LICENSES REQUIRED

   No person, firm or corporation shall engage in any occupation or business described in this
   Chapter without obtaining a license therefore. No person shall knowingly make any false
   statement or representations in applying for a license, or fail to comply with any provisions
   of this Chapter. (CC §54.010)


SECTION 600.020:             TERM OF LICENSES

   All licenses shall be for one (1) year, beginning July 1 and ending June 30 of the following
   year, unless otherwise provided in this Chapter. New businesses or reinstated businesses
   making timely application for a license after the beginning of a current license year shall pay
   only so much of the license fee provided for an entire year as is proportionate to the number
   of months left (including the month of application) in said license year. In case of a transfer
   of business ownership, the existing license shall inure to the benefit of the new owner. (CC
   §54.020)


SECTION 600.030:             DISPLAY OF LICENSES

   Any person, firm or corporation required to secure a license from the City prior to engaging
   in business shall display the license provided in this Chapter in a prominent place at the
   location of said business. (CC §54.030)


SECTION 600.040:           SEPARATE LICENSE REQUIRED FOR EACH PLACE OF
                       BUSINESS

   A separate license shall be obtained for each place of business operated by a licensee under
   this Chapter. (CC §54.040)


SECTION 600.050:           PERSONS ENGAGING IN MORE THAN                                    ONE
                       OCCUPATION AT THE SAME PLACE OF BUSINESS

   Every business engaged in more than one (1) type of business or occupation where all such
   occupations are operated as one (1) business under the same management and at the same
   location may pay one (1) license fee, being the higher of the two (2) business license fees.
   (CC §54.050; Ord. No. 677 §1, 1-15-01)
SECTION 600.060:           OTHER TAXES AND SPECIAL CHARGES TO BE PAID
                       PRIOR TO ISSUANCE OF LICENSE

   No license or renewal of an existing license shall be issued until all personal property taxes,
   all real estate taxes, all license taxes and all other special charges due the City from applicant
   (including water connection charges) and all taxes due the Department of Revenue under
   Sections 144.010 to 144.510, RSMo., or Sections 143.191 to 143.261, RSMo., have been
   paid. (CC §54.060; Ord. No. 851 §1, 12-15-08)

SECTION 600.070:              CITY CLERK TO KEEP RECORDS OF LICENSES

   The City Clerk shall keep a complete record of all licenses issued, showing the name and
   address of the licensee, the nature of the license and the date of issue and the expiration of
   such license. (CC §54.070)


SECTION 600.080:              LICENSE TAX FOR LICENSES TO BE ISSUED

   The appropriate following business license taxes are hereby levied and shall be collected
   prior to the issuance of any business license provided for herein:

   Occupation                 Fee

   Advertising agent               $ 25.00
   Agricultural/farming (within City limits)                                        50.00
   Ambulance service (for profit)                  25.00
   Antique shop               25.00
   Appliance repair service                  25.00
   Appraisal company                    25.00
   Arcade/pool hall                50.00
   Architect (if he maintains a business office in City)                                                25.00
   Auctioneer (if he maintains a business office in City)                                               10.00 per day
   Auction house              50.00
   Auto repair shop/garage                   50.00
   Automobile dealers                   50.00
   Automobile parts and accessories sales              25.00
   Bait shops                 25.00
   Bakery                     25.00
   Banking/savings and loan/mortgage loan companies                                                     50.00
   Barber shops               25.00
   Beauty parlors             25.00
   Bed and breakfasts                   25.00
   Blacksmith shops                25.00
   Boarding house                  25.00
   Bowling alleys             25.00
   Building contractor                  25.00
   Cabinet shop               25.00
   Canvassers, itinerant                     10.00 per day
   Car wash                   50.00
   Carnivals or street fairs                       50.00 per week
   Catering services               25.00
    Cigar and tobacco dealers                       25.00
    Cleaning service                 25.00
    Computer sales and service                      25.00
    Convenience store with fuel pumps                    50.00
    Cosmetic sales               25.00
    Day care                     25.00
    Dry cleaners                 50.00
    Electrical contractor                  25.00
    Electrical merchandise                     25.00
    Equipment rental and sales                      50.00
    Excavating/hauling                     25.00
    Farm implement dealer                      $ 50.00
    Fitness center               25.00
    Floral service               25.00
    Fresh meats and meat processing                 50.00
    Frozen food lockers                    25.00
    Full service gas and auto repair                50.00
    Funeral home                 50.00
    Grain elevators or selling or offering for sale grain,
         seeds, fertilizer or farm supplies         50.00
    Grocery store                50.00
    Hazardous waste storage                    500.00
    Heavy equipment repair and sales                100.00
    HVAC contractor                  25.00
    Hotels/motels                100.00
    Ice cream stand vendors                    25.00
    Insurance agent (if he maintains business office in City)
25.00
    Junk dealer/salvage yard                   500.00
    Laundry agent                25.00
    Liquor store                 25.00
    Lumber yard                  50.00
    Machine shops                25.00
    Mobile/modular home sales                       50.00
    Moving vans and vehicles                        25.00
    Music sales                  25.00
    Nurseries, landscaping, and lawncare service                 25.00
    Painting contractor                    25.00
    Palm readers, astrologers, etc.                 25.00
    Pawn shop                    100.00
    Peddlers                     10.00 per day
    Pest control                 50.00
    Pharmacy                     25.00
    Photographers                25.00
    Plumbing shop/contractor                        25.00
    Real estate agent or broker (if he maintains business
         office in City)             25.00
    Refrigeration and repair                   25.00
    Rental services              25.00
    Rental storage units                   25.00
    Restaurants                  25.00
     Retail merchandising
          For equal to or less than three (3) employees                          25.00
          For more than three (3) employees           50.00
     Roofing contractor               25.00
     Sheet metal shop                 25.00
     Shoe repair shops                25.00
     Skating rinks               25.00
     Tailor/seamstress                25.00
     Tavern/bar                  50.00
     Taxicabs                    $ 25.00 for first cab 4.00 each additional cab
     Tire sales (retail)              50.00
     Tree service (including trimming, cutting and removal)                        25.00
     Trucking companies and delivery services (having a business office within the City)              50.00
     Truck and trailer sales                     50.00
     VCR/TV/radio repair shops                        25.00
     Vending machines                 25.00
     Veterinarian and pet grooming and boarding (if he maintains business office in City)             25.00
     Boarding                    25.00
     Video rentals               25.00
     Warehouses, manufacturing establishments                                   250.00
     Welding                     25.00
     Wholesale merchandising business                 250.00
     Wood dealer or draying                      25.00
     (CC §54.080; Ord. No. 37 §1-2, 10-6-80; Ord. No. 676 §1, 1-15-01; Ord. No. 690 §1, 9-4-
     01; Ord. No. 732 §1, 6-16-03; Ord. No. 861 §1, 8-17-09)


SECTION 600.090:            EVIDENCE     OF    WORKERS'     COMPENSATION
                        INSURANCE PRIOR TO LICENSE ISSUANCE

     No license required under the provisions of this Chapter shall be issued to any person, firm,
     partnership or corporation until such person, firm, partnership or corporation produces a
     copy of a certificate of insurance for workers' compensation coverage if the applicant for the
     license is required to cover his/her liability under Chapter 287, RSMo. All applicants for
     licenses under this Chapter shall, upon request by the City, provide the City their payroll
     records and any other records reflecting whether or not said applicant is required to be
     covered under Chapter 287, RSMo. It is further made a violation of this Section to provide
     fraudulent information to the City. (Ord. No. 410 §1, 9-20-93)


                                         ARTICLE II. TELECOMMUNICATIONS TAX


SECTION 600.100:               DEFINITIONS

A.      As used in this Article, the term "gross receipts" means the aggregate amount of all sales
     and charges, exclusive of sales and charges for the commodities or services relative to the
     business of supplying telephone or telephone services for compensation in the City during
     the period, less credits, refunds, sales taxes and uncollectible accounts actually charged off
     during the period.
B.      Effective July 1, 2006, to the extent required by Section 92.083, RSMo., as used in this
     Article:

     1.   The term "gross receipts" shall be construed to mean all receipts from the retail sale of
          telecommunications service taxable under Section 144.020, RSMo., and from any retail
          customer now or hereafter exempt from State sales tax; and

     2.   The terms "telephone service", "telecommunications service", "telecommunications",
          "local exchange service", "local exchange telephone transmission service", "exchange
          telephone service" and similar terms shall be construed to mean telecommunications
          service as defined in Section 92.077, RSMo., which as of the date of adoption hereof
          provides that "telecommunications service" has the same meaning as such term is
          defined in Section 144.010, RSMo., which in turn as of the date of adoption hereof
          provides that "telecommunications service" means the transmission of information by
          wire, radio, optical cable, coaxial cable, electronic impulses or other similar means,
          further provides that as used in this definition "information" means knowledge or
          intelligence represented by any form of writing, signs, signals, pictures, sounds or any
          other symbols, and further provides that "telecommunications service" does not include
          the following if such services are separately stated on the customer's bill or on records
          of the seller maintained in the ordinary course of business:

          a.   Access to the Internet, access to interactive computer services or electronic
               publishing services, except the amount paid for the telecommunications service
               used to provide such access;

          b.   Answering services and one-way paging services;

          c.   Private mobile radio services which are not two-way commercial mobile radio
               services such as wireless telephone, personal communications services or enhanced
               specialized mobile radio services as defined pursuant to Federal law; or

          d.   Cable or satellite television or music services.

C.       The phrase "to the extent required by law" shall mean that the action is required or
     permitted by State law in order for the City to continue to receive municipal
     telecommunications tax revenues under the Article. (Ord. No. 802 §1(A), 5-15-06)


SECTION 600.110:                TAX LEVIED

A.      Effective July 1, 2006, the City imposes a tax of two and five-tenths percent (2.5%) of
     gross receipts of all businesses engaged in the business of selling telephone or telegraph
     services for compensation for any purpose in the City.

B.       To the extent required by law, for bills rendered on or after July 1, 2007, the tax rate shall
     be adjusted as promulgated and published by the Director of the Department of Revenue for
     the State of Missouri pursuant to Section 92.086, RSMo. The City shall notify the Director
     of the Department of Revenue in writing within thirty (30) days of any change in the tax rate
     to the extent required by Section 92.086, RSMo. (Ord. No. 802 §1(B), 5-15-06; Ord. No.
     834 §§1─2, 2-4-08)
SECTION 600.120:             STATEMENT     OF     GROSS    RECEIPTS
                         REQUIRED─PAYMENT OF TAX─CREDIT FOR SERVICE
                         RENDERED CITY

     To the extent required by law, the Director of the Department of Revenue for the State of
     Missouri shall collect, administer and distribute telecommunications business license tax
     revenues in accordance with the provisions of Sections 92.074 to 92.098, RSMo. (Ord. No.
     802 §1(C), 5-15-06)

SECTION 600.130:               TAX TO BE IN LIEU OF OTHER OCCUPATION TAXES

     The tax required to be paid under Section 600.110 shall be in lieu of any other occupation
     tax required of any person engaged in any of the business described in Section 600.100.
     Except as otherwise required by Sections 92.074 to 92.098, RSMo., nothing contained in this
     Article shall be construed to exempt any person to which this Article is applicable from
     payment to the City of any taxes, other than occupation license taxes, levied by the City
     upon such person or the real or personal property of such person. (Ord. No. 802 §1(D), 5-
     15-06)


SECTION 600.140:               VIOLATIONS─PENALTIES

A.      Any person engaged in any of the businesses described in Section 600.100 of this Article
     who violates any of the provisions of this Article shall be deemed guilty of a misdemeanor
     and, upon conviction, shall be subject to punishment as provided in Section 110.010 of the
     Scott City Code.

B.      To the extent required by law, unless specifically stated otherwise in Sections 92.074 to
     92.098, RSMo., taxpayer remedies, enforcement mechanisms, tax refunds, tax protests,
     assessments and all other procedures regarding the tax imposed by this Article shall be the
     same as those provided in Chapter 144, RSMo. (Ord. No. 802 §1(E), 5-15-06)


SECTION 600.150:               CONSTRUCTION

     To the extent required by law, in all respects this Article shall be interpreted, construed and
     applied consistent with the requirements of Sections 92.074 to 92.098, RSMo. (Ord. No.
     802 §1(F), 5-15-06)


                                    CHAPTER 605: DECEPTIVE TRADE PRACTICES


SECTION 605.010:               DEFINITIONS

     As used in this Chapter, the following words and terms shall mean:

     ADVERTISEMENT: Includes the attempt by publication, dissemination, solicitation or
     circulation to induce directly or indirectly any person to enter into any obligation or acquire
     any title or interest in any merchandise.
     MERCHANDISE: Includes any objects, wares, goods, commodities, intangibles, real estate
     or services.

     SALE: Includes any sale, offer for sale, or attempt to sell merchandise for cash or on credit.
     (CC §55.010)


SECTION 605.020:               UNLAWFUL PRACTICES, EXCEPTION

A.      The act, use or employment by any person of any deception, fraud, false pretense, false
     promise, misrepresentation, or the concealment, suppression, or omission of any material
     fact with intent that others rely upon such concealment, suppression or omission, in
     connection with the sale or advertisement of any merchandise, is declared to be an unlawful
     practice; provided however, that:

B.      Nothing herein contained shall apply to the owner or publisher of newspapers,
     magazines, publications or printed matter wherein an advertisement appears, or to the owner
     or operator of a radio or television station which disseminates an advertisement when the
     owner, publisher or operator has no knowledge of the intent, design or purpose of the
     advertiser; and provided further, that nothing herein contained shall apply to any
     advertisement which is subject to and complies with the rules and regulations of and the
     Statutes administered by the Federal Trade Commission. That such an advertisement
     complies with the regulations of and the Statutes administered by the Federal Trade
     Commission shall be a defense which must be proven by one charged with violating this
     Section. (CC §55.020)


SECTION 605.030:               DECEPTIVE BUSINESS PRACTICES

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

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

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

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

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

     5.              Makes a false or misleading written statement for the purpose of obtaining
          property or credit. (CC §55.030)


SECTION 605.040:               DECEPTIVE BUSINESS PRACTICES─DEFINITIONS

     In the construction of the preceding Section the following terms mean:
   ADULTERATED: Varying from the standard of composition or quality prescribed by statute
   or lawfully promulgated administrative regulations of the United States of America or of this
   State lawfully filed, or if none, as set by commercial usage.

   MISLABELED: Varying from the standard of truth or disclosure in labeling prescribed by
   statute or lawfully promulgated administrative regulations of the United States of America or
   this State lawfully filed, of if none, as set by commercial usage; or represented as being
   another person's product, though otherwise accurately labeled as to quality and quantity.
   (CC §55.040)


SECTION 605.050:             ALTERING MILEAGE REGISTERING DEVICES

   A person commits the offense of altering a mileage registering device if, with the purpose of
   misrepresenting to a prospective or eventual purchaser the number of miles traveled by a
   motor vehicle, he disconnects, changes or causes to be disconnected or changed, any mileage
   registering device on a motor vehicle so as to thereby indicate a different mileage than such
   motor vehicle has actually traveled. For the purpose of this Section "motor vehicle" means
   any self-propelled vehicle not operated exclusively upon tracks. (CC §55.050)


SECTION 605.060:             FALSE ADVERTISING

   A person commits the offense of false advertising if, in connection with the promotion of the
   sale of, or to increase the consumption of, property or services, he recklessly makes or
   causes to be made a false or misleading statement in any advertisement addressed to the
   public or to a substantial number of persons. (CC §55.060)


SECTION 605.070:             BAIT ADVERTISING

   A person commits the offense of bait advertising if he advertises in any manner the sale of
   property or services with the purpose not to sell or provide the property or services:

   1.              At the price which he offered them; or

   2.               In a quantity sufficient to meet the reasonably expected public demand,
        unless the quantity is specifically stated in the advertisement; or

   3.              At all. (CC §55.070)


SECTION 605.080:             INCLUDED OFFENSES

   The offense described in Sections 605.030 through 605.070 shall be included offenses in the
   unlawful practices prohibited by Section 605.020. No person shall be convicted of a
   violation of both Section 605.020 and of one (1) or more of Sections 605.030 through
   605.070, as a result of the same act by him. (CC §55.080)
                                  CHAPTER 610: ALCOHOLIC BEVERAGES


                                  ARTICLE I. GENERAL PROVISIONS


SECTION 610.010─610.040: RESERVED

            Editor's Note─Ord. no. 807 §1, adopted August 7, 2006, repealed sections 610.010
                 "maximum number of permits for liquor by drink", 610.020 "maximum
                 number of permits for sale of 5% beer or light wine", 610.030 "maximum
                 number of permits for sale of non-intoxicating beer" and 610.040 "purpose"
                 in their entirety. Former sections 610.010─610.040 derived from ord. no. 65
                 §§1, 4─5, 7-6-81; ord. no. 86 §1, 7-5-82.


SECTION 610.050:             PETITION NECESSARY FOR ISSUANCE OF LICENSE

   The City of Scott City shall not grant any license for the sale of either intoxicating liquor,
   whether by the drink or in the original package, five percent (5%) beer or light wine not in
   excess of fourteen percent (14%) of alcohol or both, or non-intoxicating liquor, until a
   petition is presented with the application bearing the signatures of seventy-five percent
   (75%) of the residents over the age of twenty-one (21) years and the business operators, all
   within a radius of six hundred (600) feet of the proposed location, consenting to the
   establishment of such place of business and consenting to the granting of the license sought
   by the applicant. For the purpose of interpreting this Section, it is hereby declared to be the
   intent of this Section that the six hundred (600) feet shall be measured from the nearest outer
   boundary of the lot or premise on which the application for license is sought. (Ord. No. 86
   §1, 7-5-82)


                             ARTICLE II. LICENSING


SECTION 610.060: DEFINITIONS

   Scott City, Missouri, hereby adopts the definitions of "intoxicating liquor" and "person" as
   the same are defined in Sections 311.020 and 311.030, RSMo. 1949, and such definitions
   shall apply to all Sections of this Article and any other ordinance of Scott City, Missouri.
   (Ord. No. 68 §1, 8-17-81)


SECTION 610.070:             APPLICATION REQUIRED FOR THE SALE OF LIQUOR

   No person shall be permitted to sell intoxicating liquor in Scott City, Missouri, without first
   having procured a license from the City Council of Scott City, Missouri. Any person
   desiring to secure such a license shall make written application to the City Council for such
   license and such application shall particularly describe the premises where the applicant will
   make such sales. No license shall be granted under this Article unless such person is of good
     moral character, and no license shall be granted to any person whose license for intoxicating
     or non-intoxicating liquor or beer has ever been revoked or who has been convicted, since
     the ratification of the twenty-first amendment to the Constitution of the United States, of a
     violation of the provisions of any law applicable to the manufacture or sale of intoxicating or
     non-intoxicating liquor or beer, or who employs in his business as such dealer, any person
     whose permit or license has been revoked or who has been convicted of a violation of such
     law since the date aforesaid.
     (Ord. No. 68 §§2-3, 8-17-81)


SECTION 610.075:               PROOF OF OWNERSHIP OR LEASEHOLD REQUIRED

     All applicants requesting a license to sell intoxicating liquor shall provide proof that the
     applicant is the owner of the premises on which alcohol is to be sold or has lawful
     possession of the premises pursuant to a written lease with the owner of the premises on
     which alcohol is to be sold. (Ord. No. 362 §1, 1-6-91)


SECTION 610.080:               LICENSE FEE FOR SALE IN ORIGINAL PACKAGE

A.      No license for sale of intoxicating liquor in the original package, not to be consumed
     upon the premises where sold in Scott City, Missouri, shall be issued until the applicant has
     paid the sum of seventy-five dollars ($75.00) in cash to Scott City, Missouri.

B.      No license for the sale of 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 in the original
     package, not to be consumed upon the premises where sold, in Scott City, Missouri, shall be
     issued until the applicant has paid the sum of twenty-five dollars ($25.00) in cash to Scott
     City, Missouri.

C.      Any person who possesses the qualifications required by this Chapter and who may now
     or hereafter meet the requirements of and complies with the provisions of this Chapter, may
     apply for, and the City Council may issue a special license to sell intoxicating liquor in the
     original package at retail, as defined in Section 311.200, RSMo., between the hours of 1:00
     P.M. and Midnight on Sundays. However, no special license for the sale of intoxicating
     liquor in the original package on Sundays shall be issued until the applicant has paid the sum
     of one hundred dollars ($100.00) in cash to the City of Scott City. Notwithstanding, the
     provisions of Section 610.130 to the contrary, any person who has a license for the sale of
     intoxicating liquor in the original package, may receive the special license for sale of liquor
     in the original package on Sunday upon payment of the required fee, without the formal
     hearing requirements set forth in Section 610.130 of this Code. (Ord. No. 68 §§2-3, 8-17-
     81; Ord. No. 362 §1, 1-6-91; Ord. No. 406 §1, 7-6-93; Ord. No. 407 §1, 7-6-93)


SECTION 610.090:               LICENSE FEE FOR LIQUOR BY THE DRINK

     No license for the sale of intoxicating liquor by the drink shall be sold until the applicant
     shall have paid the following sums:

     1.            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, manufactured from
     pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and
         wholesome yeast and pure water, or light wines containing not in excess of fourteen
         percent (14%) of alcohol by weight exclusively from grapes, berries, and other fruits
         and vegetables, or both - fifty dollars ($50.00).

     2.             For every license issued for the sale of all kinds of intoxicating liquor, at retail
          by the drink for consumption on the premises of the licensee, including the sale of
          intoxicating liquor in the original package - four hundred fifty dollars ($450.00).


SECTION 610.095:                SALE OF NON-INTOXICATING BEER

     No license for the sale of non-intoxicating beer shall be issued to any establishment which
     does not have a license for the sale of intoxicating liquor. (Ord. No. 737 §2, 9-2-03)


SECTION 610.100:                LICENSE FEE─RESTAURANT BAR

     No license to sell intoxicating liquor between the hours of 9:00 A.M. and Midnight on
     Sunday shall be issued, unless said liquor is sold at a "restaurant bar" and the applicant shall
     have paid the sum of one hundred dollars ($100.00) in cash to Scott City, Missouri. As used
     in this Section, the term "restaurant bar" means any establishment having a restaurant or
     similar facility on the premises, at least fifty percent (50%) of the gross income of which is
     derived from the sale of prepared meals or food consumed on such premises or which has an
     annual gross income of at least two hundred seventy-five thousand dollars ($275,000.00)
     from the sale of prepared meals or food consumed on such premises. (Ord. No. 737 §1, 9-2-
     03)


SECTION 610.105:             EATING ESTABLISHMENTS, DRINKING ALLOWED
                         UPON─PROCUREMENT OF LICENSE

A.      It shall be unlawful for any person operating any premises where food, beverages are sold
     or provided for compensation, who does not possess a license for the sale of intoxicating
     liquor, to permit drinking or consumption of intoxicating liquor in, on, or about the premises
     between 10:00 P.M. and 6:00 A.M. the following day, without having a license as in this
     Section provided.

B.      Applications for such license shall be made to the City Clerk on forms prescribed by the
     Clerk, describing the premises to be licensed and giving all reasonable information required.
     The license shall be issued, upon review of application and approval by the City Council and
     upon payment of the fee. The license fee shall be ninety dollars ($90.00) per year.

C.      The drinking or consumption of intoxicating liquor shall not be permitted in, upon, or
     about licensed premises by any person under twenty-one (21) years of age, or by any person
     between the hours of 1:30 A.M. and 6:00 A.M. on any weekday, and between the hours of
     12:00 Midnight Saturday and 12:00 Midnight Sunday. No person shall be granted a license
     hereunder unless such a person is of good moral character and a qualified legal voter and
     taxpayer of the City of Scott City, nor shall any corporation be granted a license hereunder
     unless the managing officer of said corporation is of good moral character and a qualified
     legal voter and taxpaying citizen of the City of Scott City.
D.      Any premises operated in violation of the provisions of this Section, is hereby declared a
     public and common nuisance and it shall be the duty of the City Attorney to enjoin such
     nuisance. (Ord. No. 560 §1, 5-19-97)


SECTION 610.110:               BOND

     Before any application under this Article shall be granted the applicant shall deliver to the
     City a bond in the sum of one thousand dollars ($1,000.00), with sufficient surety, to be
     approved by the City Council, conditioned that the person obtaining such license shall at all
     times keep an orderly house, and that he will not sell, give away or otherwise dispose of, or
     suffer the same to be done about his premises any intoxicating liquor in any quantity to any
     minor, and conditioned that he will not violate any of the provisions of the laws of Missouri
     pertaining to the sale of intoxicating liquor, and that he will pay all taxes, inspection and
     license fees provided by this Article or as the same shall be amended, together with all fines,
     penalties and forfeitures which may be adjudged against him under the provisions of this
     Article. Violation of the conditions of the aforesaid bond shall be a breach of said bond and
     will entitle the City of Scott City to recover the amount pledged therein. (Ord. No. 68 § 6, 8-
     17-81; Ord. No. 808 §1, 8-7-06)


SECTION 610.120:               NO RENEWAL─WHEN

     No licenses for the sale of intoxicating liquor by the drink, five percent (5%) beer, or light
     wine not in excess of fourteen percent (14%) alcohol or both, or non-intoxicating beer on the
     premises shall be renewed if the applicant for renewal has violated any of the conditions of
     his bond as set forth in Section 610.110 of this Article.
     (Ord. No. 85 §1, 7-5-82)


SECTION 610.125:             SALE            OF                                      MUTILATED
                         PACKAGES─REPACKAGING─UNLAWFUL

     No person shall sell liquor or non-intoxicating beer with the alcohol content below five
     percent (5%) by weight to a customer in an original carton if the carton has been mutilated,
     torn apart or cut apart. Additionally, no retailer may repackage the substance in a misleading
     manner or repackage the substance in a manner which would omit or obscure required
     labeling. (Ord. No. 737 §3, 9-2-03)


SECTION 610.130:              APPLICATIONS          FOR                                       NEW
                         LICENSE─RENEWALS─SUSPENSIONS,
                         ETC.

A.      Upon receipt of an application for an initial license and payment of the requisite fee, the
     application shall be voted upon by the City Council at a public hearing. Upon receipt of said
     application and fee, the applicant for such initial liquor license shall be notified by the City
     Clerk of the time and place of the public hearing at least five (5) days prior to the public
     hearing. In the event an initial license is rejected by the City Council, the applicant shall be
     given a written notice of the reason therefor.
B.      The City Council may, after a public hearing, suspend or revoke a liquor license if the
     holder of the liquor license has violated any of the conditions necessary for the initial grant
     of the license, as set forth in Section 610.120 of this Article. The holder of the license
     subject to revocation or suspension shall be given at least ten (10) days notice of the public
     hearing by the City Clerk and the holder of said license shall not be denied his/her right to
     representation by an attorney and the right to cross-examine opposing witnesses. Testimony
     presented at such hearing shall be taken under oath and recorded. In the event of revocation
     or suspension the person whose license has been so revoked or suspended shall be given
     written notice by the City of the reasons therefor.

C.       No application for initial liquor license shall be granted unless the applicant for the liquor
     license appears before the City Council at the public hearing required under Subsection (A)
     of this Section.

D.      All initial liquor licenses shall be issued for a period beginning the date the license is
     approved by the City Council until the following July first (1st).

E.      All renewed liquor licenses shall be effective for a period of one (1) year, commencing at
     the start of the business day on July first (1st) and terminating at the end of the business day
     on June thirtieth (30th) of the following year.

F.      Applicants for an initial liquor license shall pay such portion of the liquor license fee as
     the number of days in the initial term bears to the number of days in a calendar year.

G.      All applicants for renewal of existing liquor licenses must be submitted along with the
     requisite fee to the City Clerk on or before the first (1st) City Council meeting in June and
     the City Council shall vote on the renewal application, without the necessity of a public
     hearing, on the second (2nd) City Council meeting in June, or at such other time as
     designated by the City Council. The City Clerk shall promptly notify the renewal applicant
     of the Council's decision. In the event the City Council determines not to renew an
     applicant's license, the rejected applicant may request in writing, a public hearing before the
     City Council to the same extent as provided to license holders subject to suspension or
     revocation as set forth in Subparagraph (B) of this Section. (Ord. No. 68 §8, 8-17-81; Ord.
     No. 362 §1, 1-6-91; Ord. No. 479 §1, 7-3-95; Ord. No. 486 §1, 10-16-95; Ord. No. 559 §1,
     5-19-97)


SECTION 610.135:                EROTIC DANCING PROHIBITED

     No license for the sale of intoxicating liquor at retail establishments shall be issued to any
     business establishment which employs or allows to perform erotic dancers, as that term is
     defined in Chapter 635 of this City Code. (Ord. No. 460 §1, 2-6-95)


SECTION 610.140:                TERM OF LICENSE AND CONDITIONAL LICENSE

     All licenses issued under this Article shall be for a period of one (1) year, except as
     hereinafter provided. Prior to issuing a one (1) year license, the Board may issue a "ninety
     (90) day conditional license," to any applicant to determine if the applicant will abide by the
     conditions of his bond set forth in Section 610.110. The City Council shall note in the
   minutes its reasons for issuing a ninety (90) day conditional license in lieu of a yearly
   license. If at the end of the ninety (90) days the applicant has complied with all the
   conditions of its bond as set forth in Section 610.110, the Board shall issue the applicant a
   license for the term of one (1) year. (Ord. No. 68 §9, 8-17-81; Ord. No. 362 §1, 1-6-91)


SECTION 610.145:             LICENSEE REQUIRED TO KEEP ORDERLY HOUSE

   All retail licensees shall maintain an orderly house, and in doing so, shall comply with the
   following:

   1.             At no time, under any circumstances, shall any licensee or his employees fail
        to immediately prevent or suppress any violent quarrel, disorder, brawl, fight or other
        improper or unlawful conduct of any person upon his premises. In addition, no licensee
        or his employees shall allow obscene songs, entertainment, literature, advertising
        material, films or video programs upon the licensed premises. For the purposes of this
        Section, any material or performance is obscene if:

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

        b.   Taken as a whole with the average person, applying contemporary community
             standards, it depicts or describes sexual conduct in a patently offensive way; and

        c.            Taken as a whole, it lacks serious literary, artistic, political or scientific
             value.

   2.   In the event that a licensee or his employee knows, or should have known, that an
        illegal or violent act has been committed on or about the licensed premises, they shall
        immediately report the occurrence to the Police and shall cooperate with the Police and
        agents of the Division of Liquor Control during the course of any investigation into
        such an occurrence.

   3.   No retail licensee or his employees shall allow in or upon his licensed premises:

        a.   The performance of acts, or simulated acts, of sexual intercourse, masturbation,
             sodomy, beastiality, oral copulation, flagellation or any sexual acts which are
             prohibited by law; and

        b.   The displaying of any portion of the areola of the female breast; and

        c.   The actual or simulated touching, caressing, or fondling of the breasts, buttocks,
             anus or genitals; and

        d.   The actual or simulated displaying of pubic hair, anus, vulva or genitals; and
        e.   The permitting by a licensee of any person to remain upon the licensed premises
             who exposes to public view any portion of his or her genitals or anus.
             (Ord. No. 362 §1, 1-6-91)
SECTION 610.150:                PENALTIES

     If any person shall violate any of the provisions of this Article, he shall be adjudged guilty of
     a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than five
     hundred dollars ($500.00). (Ord. No. 68 §10, 8-17-81; Ord. No. 807 §2, 8-7-06)

                                          CHAPTER 615: JUNK YARDS


SECTION 615.010:                DEFINITIONS

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

     BUSINESS PREMISES or PREMISES: The area of a junk yard as described in a junk
     dealer's license or application for license, as provided for in this Chapter.

     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.

     JUNK: Any 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.

     JUNK DEALER: A person who operates a junk yard, as defined below, within the City.

     JUNK YARD: A yard, lot, or place, covered or uncovered, outdoors or in an enclosed
     building, containing junk as defined above, upon which occurs one (1) or more acts 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 acts are to be used for charity. (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 therefor from the City Clerk in accordance
     with the provisions of this Chapter. (CC §51.020)


SECTION 615.030:                APPLICATION

A.      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 prescribed in Subsection
     (B) hereof.

B.      Said application shall include the junk dealer or itinerant junk dealers 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. (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 City Council and on file in the office of the City Clerk.
     (CC §51.040)


SECTION 615.050:             INVESTIGATION;             APPROVAL         AND     ISSUANCE        OF
                         LICENSE

A.      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.

B.      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. (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. (CC §51.060)


SECTION 615.070:               DURATION; PRO-RATION AND REFUND OF FEES

     All licenses issued under the provisions of this Chapter shall expire on the thirtieth (30th)
     day of June following the issuance thereof. For a partial year license, the fee shall be pro-
     rated quarterly. No license fee shall be returned to the holder upon sale, transfer or
     dissolution of the business for which the license was issued. (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:

     1.             The license issued pursuant to this Chapter shall be plainly displayed on the
          business premises.

     2.            The junk yard, together with things kept therein, shall at all times be
          maintained in a sanitary condition.
3.              No space not covered by the license shall be used in the licensed business.

4.             No water shall be allowed to stand in any place on the premises in such
      manner as to afford a breeding place for mosquitoes.

5.              Weeds and vegetation on the premises, other than trees, shall be kept at a
      height of not more than four (4) inches.

6.              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.

7.                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.

8.             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 fire fighting purposes.

9.              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.

10.            Gasoline and oil shall be removed from any scrapped engines or vehicles on
      the premises.

11.            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.

12.            No noisy processing of junk or other noisy activity shall be carried on in
      connection with the licensed business on Sunday, Christmas, Thanksgiving, or at any
      time between the hours of 6:00 P.M. and 7:00 A.M.

13.             The area on the premises where junk is kept (other than indoors) shall be
      enclosed, except for entrances and exits, by any one of the following fences:

      a.             A chain link fence with privacy strips woven into the fence, or

      b.             A solid brick or concrete block wall, or

      c.             A uniformly painted board fence, or

      d.             A natural weather board fence.

      Any such fence or wall shall be built to the height of six (6) feet measured from ground
      level. Entrances and exits shall not be wider or more numerous than reasonably
      necessary by the conduct of the licensed business.
      (CC §51.080; Ord. No. 92 §2, 10-4-82)
SECTION 615.090:             EXCEPTIONS

   Section 615.080 shall not apply to the operation of junk yards outside of the City limits, even
   though the owner thereof be licensed in accordance with this Chapter. (CC §51.090)


SECTION 615.100:             NON-CONFORMING JUNK YARDS

   All junk yards in violation of this Chapter are hereby declared to be public nuisances.
   However, to allow flexibility and prevent undue hardship, the City Council may consent to a
   schedule by which non-conforming junk yards existing as of January 1, 1975, are brought in
   compliance within two (2) years, with one quarter (¼) for compliance done each six (6)
   months. (CC §51.100)



                             CHAPTER 620: PEDDLERS AND SOLICITORS


SECTION 620.010:             PERMIT REQUIRED

   It shall be unlawful for any person to engage in the business of peddler as defined in Section
   620.020 of this Chapter within the corporate limits of this City without first obtaining a
   permit therefor as provided herein. (CC §52.010)


SECTION 620.020:             "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."

   "Peddler" does not include a farmer selling his own produce grown on his farm.
   (CC §52.020)


SECTION 620.030:             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:
   1.             Name and description of the applicant.

   2.             Address (local and permanent).

   3.             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.

   4.             If employed, the name and address of the employer, together with credentials
        establishing the exact relationship.

   5.             The length of time for which the right to do business is desired.

   6.             If a vehicle is to be used, a description of the same, together with credentials
        establishing the license number or other means of identification.

   7.             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 therefor. (CC §52.030)


SECTION 620.040:              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.

   1.             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.

   2.             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.
        (CC §52.040)


SECTION 620.050:              FEES GENERALLY

   The fees for licenses required under this Chapter are set out in Section 600.080 of this Code.
   (CC §52.050)


SECTION 620.060:              PERMIT NON-TRANSFERABLE

   No permit issued under this Chapter shall be transferable or assignable. (CC §52.060)
SECTION 620.070:               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
   Section, 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.
   (CC §52.080)


SECTION 620.080:               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, parks 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 therefrom
   to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public
   places, for the purpose of attracting attention to any goods, wares or merchandise which such
   licensee proposes to sell. (CC §52.090)


SECTION 620.090:               EXHIBITION OF PERMIT

   Peddlers are required to exhibit their licenses at the request of any citizen.
   (CC §52.100)


SECTION 620.095:               RESTRICTIONS ON TIME OF SOLICITATION

   Peddlers may not sell or offer any goods for sale or solicit orders for goods within the
   corporate limits of the City of Scott City, Missouri, from 8:00 P.M. until 8:00 A.M.
   (Ord. No. 417 §1, 12-6-93)

SECTION 620.100:               REVOCATION OF LICENSE

   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:

   1.               Fraud, misrepresentation, or false statement contained in the application for
         license.

   2.              Fraud, misrepresentation, or false statement made in the course of carrying on
         his business as peddler.

   3.               Any violation of this Chapter.

   4.               Conviction of any crime or misdemeanor involving moral turpitude.

   5.               Conducting the business of peddling in an unlawful manner or in such a
          manner as to constitute a breach of the peace or to constitute a menace to the health,
        safety, or general welfare of the public. (CC §52.110)
SECTION 620.110:             NOTICE

   Notice of the hearing for revocation of a license shall be given in writing, setting forth
   specifically the ground of complaint and the time and place of hearing. Such notice shall be
   mailed, postpaid to the permittee at his permanent address (as shown on his application) at
   least five (5) days prior to the date set for hearing. (CC §52.120)


SECTION 620.120:             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 620.040, or in the decision with reference
   to the revocation of a license as provided in Section 620.100, shall have the right of appeal to
   the City Council. 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
   Council 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 620.110. (CC
   §52.130)

                             CHAPTER 625: PUBLIC AMUSEMENTS


SECTION 625.010:             DEFINITIONS

   As used in this Chapter, and unless otherwise defined or distinctly expressed, the following
   words and phrases shall have the meanings set out herein:

   ADMISSION CHARGE: Any charge or consideration for the right or privilege to any
   amusement or entertainment, or admission to or entry to any area or facility, where such
   amusement or entertainment is conducted.

   AMUSEMENT OR ENTERTAINMENT: Carnivals, circuses and side shows, street fairs and
   rodeos for which an admission charge is made.

   CIVIC ORGANIZATION: Any not-for-profit organization, organized for civic, charitable,
   benevolent or religious purposes, the majority of members of which are residents of this
   City, and the purposes of which are primarily for the benefit of the City and its citizens.
   Political organizations are expressly excluded from being within the definition of such term.
   (CC §53.010)


SECTION 625.020:             PERMIT REQUIRED

   A permit must be obtained in order to conduct any amusement or entertainment within the
   limits of this City, under the provisions of this Chapter. Only a civic organization shall be
   issued a permit; other amusements or entertainments may be conducted, but only if the same
   has been licensed under the provisions of Chapter 600 of this Title. (CC §53.020)
SECTION 625.030:             BUSINESS LICENSE NOT TO BE ISSUED

   No amusement or entertainment for which a permit has been issued under this Chapter will
   be required to obtain a license under Chapter 600 of this Title.
   (CC §53.030)


SECTION 625.040:             APPLICATION FOR PERMIT

   Every civic organization proposing to sponsor or conduct any amusement or entertainment
   within the City shall apply, through a duly elected officer of the said civic organization, in
   writing to the City Clerk for a permit to operate such amusement or entertainment.

   1.             All applicants shall state on their application that they will indemnify the City
        for any claim resulting from the operation of the amusement or entertainment, and each
        application shall be accompanied by a Certificate of Insurance, showing the City as the
        named insured, covering any damage or liability to the City which may be caused by
        the operation of the amusement or entertainment, the amount of said insurance to be as
        required by such rules and regulations the promulgation of which is hereinafter
        provided, but in no event to be less than bodily injury limits of twenty thousand dollars
        ($20,000.00) for each occurrence and ten thousand dollars ($10,000.00) for each
        person, and property damage limits of ten thousand dollars ($10,000.00) for each
        occurrence and twenty thousand dollars ($20,000.00) aggregate.

   2.              All applicants shall accompany their application with a bond in the amount of
        five hundred dollars ($500.00), which bond shall secure the applicant's removing all
        litter from the site of the amusement or entertainment at its termination. Should it be
        necessary for the City to remove litter from the amusement site, the cost of such
        removal shall be deducted from the bond, and the remainder returned to the applicant.

   3.             The City Clerk may refuse to issue a permit to any amusement or
        entertainment, the operation of which does not comply with this Chapter, or which has
        in any previous operation in any other City, or in this City, violated the ordinance or
        requirements of such other City or of this City.

   4.             Upon determination that the proposed amusement or entertainment shall
        comply with this Chapter, the City Clerk shall issue a permit and shall so notify the
        applicant. (CC §53.040)


SECTION 625.050:          RULES AND REGULATIONS FOR OPERATION OF
                       AMUSEMENT

   Any amusement or entertainment conducted pursuant to this Chapter shall comply with the
   following rules:

   1.             The amusement shall be closed from Midnight until 8:00 A.M.

   2.             Adequate restroom facilities for both sexes shall be provided on the premises
        of such amusement or entertainment. Such facilities may be of a temporary nature,
        other than privies.
   3.             All electrical wiring and lighting must be approved by the Building Inspector
        or his designate.

   4.            Adequate facilities for the disposal of trash and debris shall be provided on
        the premises.

   5.            The premises shall be inspected prior to operation by the Chief of Police or
        his designate to determine that the requirements of this Chapter and any other
        ordinances of the City applicable to public rooms and buildings have been complied
        with.

   6.               The area or premises where such amusement or entertainment is conducted
        shall be cleaned and policed after cessation of such amusement or entertainment and all
        trash, litter and debris shall be removed. (CC §53.050)


SECTION 625.060:             ADDITIONAL RULES AND REGULATIONS

   The Mayor is hereby given authority to establish and promulgate rules and regulations
   consistent with the terms of this Chapter, for the purpose of carrying out and enforcing
   compliance therewith, and a copy of such rules and regulations shall be on file and available
   for public examination in the Office of the City Clerk. Failure or refusal to comply with any
   such rules and regulations established and promulgated under this Section shall be deemed a
   violation of this Chapter. (CC §53.060)


SECTION 625.070:             REVOCATION OF PERMIT

   Any permit issued pursuant to this Chapter may be revoked by the Mayor upon his
   determination that the amusement or entertainment is being operated or conducted in
   violation of this Chapter, or in violation of rules and regulations established and promulgated
   pursuant thereto, or is so conducted or operated as to endanger substantially the public
   peace, health, safety and welfare of the citizens of this City. (CC §53.070)


SECTION 625.080:             FEES FOR PERMIT

   There shall be no fee for the permit required by this Chapter. (CC §53.080)


SECTION 625.090:          AMUSEMENTS                NOT       SPONSORED           BY      CIVIC
                       ORGANIZATION

   Any amusement or entertainment which is not operated, conducted, or sponsored by a civic
   organization may be operated within this City, if a license for the same has been obtained
   under Chapter 600 of this Title. The requirements of Sections 625.040, 625.050, and
   625.060 shall apply to such amusement or entertainment. (CC §53.090)
                       CHAPTER 630: GARAGE SALES


SECTION 630.010:             DEFINITIONS

   GARAGE SALE: All general sales open to the public, for the purpose of disposing of
   personal tangible property by one (1) or more individuals, for which no business license has
   been granted. The definition includes, but is not limited to, all sales entitled "garage,"
   "lawn," "yard," "attic," "porch," "room," "back yard," "flea market," or "rummage" sale.
   This definition shall not include a situation where no more than five (5) specific items are
   held out for sale and all advertisement of such sales specifically name those items to be sold.
   (Ord. No. 141 §1, 11-19-84)


SECTION 630.020:             MAY SELL ONLY PERSONAL TANGIBLE PROPERTY

   It is unlawful for any individual to sell or offer for sale, under authority granted by this
   Chapter, property other than personal tangible property. (Ord. No. 141 §2, 11-19-84)


SECTION 630.030:             LIMITED LENGTH OF TIME

   No garage sale shall be conducted for more than three (3) consecutive calendar days. (Ord.
   No. 141 §3, 11-19-84)


SECTION 630.040:             NO TACKING SIGNS MALICIOUSLY

   No person conducting any such garage sale shall willfully or maliciously tack, wire, tie or
   affix any card, poster, bill, streamer, announcement or other advertising matter concerning
   said garage sale upon any tree, shrub, post, pole, pier, or abutment of any telegraph,
   telephone, electric light and power, or radio broadcasting company; nor shall any person
   injure, molest or destroy any of the lines, insulators, wires, posts, poles, piers, or abutments
   of any such company used in or about the transmission of dispatchers, radio programs or
   other communications, or in the transmission of electricity for light or power purposes.
   (Ord. No. 141 §4, 11-19-84)


SECTION 630.050:             ACCEPTABLE ADVERTISING

   Persons conducting garage sales may tack, wire, tie or affix cards, posters, bills, streamers,
   announcements, or other advertising matter concerning said garage sale upon their own
   private property or upon private property of another, with that person's consent. In addition,
   persons conducting such garage sales may advertise on any billboards provided by the City
   for that specific purpose. However, all boards, posters, bills, streamers, announcements or
   other advertising matter displayed in conformity with this Chapter may not be displayed
   more than twenty-four (24) hours prior to the commencement of the garage sale and must be
   removed within twenty-four (24) hours after the completion of the garage sale. (Ord. No.
   141 §5, 11-19-84)
SECTION 630.060:             VIOLATION

   Any person conducting any sale in violation of the provisions of this Chapter shall be guilty
   of a misdemeanor. (Ord. No. 141 §6, 11-19-84)

                             CHAPTER 635: ADULT BUSINESSES

             Editor's Note─Ord. no. 855 §1, adopted July 6, 2009, repealed ch. 635 "erotic
                  dancing" and enacted new provisions set out herein. Former ch. 635 derived
                  from ord. no. 459 §1, 2-6-95.


SECTION 635.010:             DEFINITIONS

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

   ADULT BUSINESS:

   1.   Any business enterprise that has as a primary business purpose: the sale, display or
        rental of goods that are designed for use in connection with specified sexual activities or
        that emphasizes matter depicting, describing or relating to specified sexual activities or
        specified anatomical areas; or that has one (1) of the following as a primary business
        purpose:

   2.   The providing of entertainment where the emphasis is on performances, live or
        otherwise, that depict, portray, exhibit or display specified anatomical areas or specified
        sexual activities; or

   3.   The providing of non-medical services related to specified sexual activities or specified
        anatomical areas.

   The definition of adult business also includes, but is not limited to, any and all of the
   following as defined herein:

   4.   Any of the following businesses offering goods for sale or rent:

        a.   Adult retail establishments: An establishment which, as a primary business
             purpose, offers for sale or rent any one (1) or more of the following: instruments,
             devices, gifts or paraphernalia which are designed for use in connection with
             specified sexual activities or clothing that graphically depicts specified anatomical
             areas or any of the materials sold or rented in an adult bookstore defined herein.

        b.   Adult bookstore: An establishment which, as a primary business purpose, offers
             for sale or rent, books, magazines, periodicals or other printed matter, photographs,
             slides, films, videotapes or any form of visual representation which are
             distinguished or characterized by their emphasis on matter depicting, describing or
             relating to specified sexual activities or specified anatomical areas.

        c.   Adult media outlet: An establishment that has as a primary business purpose the
             rental, sale, offering for viewing on the premises or other use of any adult media.
     d.   Adult newsrack: Any coin- or card-operated device that offers for sale by
          dispensing printed material which is distinguished or characterized by its emphasis
          on matter depicting, describing or relating to specified sexual activities or specified
          anatomical areas.

     e.   Adult newsstand: A freestanding structure, vehicle or booth which, as a primary
          business purpose, offers for sale: books, magazines, periodicals or other printed
          matter which are distinguished or characterized by their emphasis on matter
          depicting, describing or relating to specified sexual activities or specified
          anatomical areas.

5.   Any of the following businesses providing entertainment:

     a.   Adult entertainment business: Any enterprise providing adult entertainment to
          which the public, patrons or members are invited or admitted.

     b.   Adult motion picture theater: An establishment containing a room with seats
          facing a screen or projection area, where the business is the exhibition to customers
          of films, videotapes, slides or motion pictures which are intended to provide sexual
          stimulation or sexual gratification to the customers and which are distinguished by
          or characterized by an emphasis on matter depicting, describing or relating to
          specified sexual activities or specified anatomical areas.

     c.   Adult theater: An establishment located in an enclosed building where the
          business is providing the live performance of activities relating to specified sexual
          activities or exhibition of specified anatomical areas of live performers for
          observation by customers and patrons.

     d.   Adult entertainment cabaret: An establishment in which the business is providing
          adult entertainment which features strippers, male or female impersonators, go-go
          dancers or live performances; or material which is primarily characterized by an
          emphasis on specified sexual activities or specified anatomical areas.

     e.   Adult entertainment studio: (Includes the terms rap studio, exotic dance studio,
          sensitivity studio or encounter studio) an establishment whose premises is
          physically arranged as to provide booths, cubicles, compartments or stalls separate
          from the common area of the premises and in which the business is providing
          entertainment which features materials or live performances characterized by an
          emphasis on or relating to specified sexual activities or the exhibition of specified
          anatomical areas.

     f.   Adult encounter parlor: An establishment in which the business is the provision of
          premises where customers congregate, associate or consort with employees and/or
          performers or private contractors who display specified anatomical areas in the
          presence of such customers, with the intent of providing sexual gratification or
          stimulation to such customers.

     g.   Body painting studio: An establishment in which the business is maintaining,
          operating or offering for compensation the applying of paint or other substance to
          or on the human body by any means of application, technique or process when the
          subject's body is displayed for the customer's view of specified anatomical areas.
     h.   Adult arcade: An establishment, or that part of an establishment, which regularly
          features or otherwise offers to customers, in a viewing area which is designed for
          occupancy by no more than one (1) person, any live, filmed or videotaped
          exhibition, performance or dance of any type by a person or persons whose
          exhibition, performance or dance is characterized by the exposure of any specified
          anatomical area or by specified sexual activities or who otherwise appear in such
          attire, costume or clothing so as to expose to view specified anatomical areas.

     i.   Nude modeling agency: An establishment in the business of offering for
          compensation the viewing of the human body when the subject's body is displayed
          for the customer's view of specified anatomical areas.

     j.   Erotic dance establishment: A fixed place of business which, as a portion or all of
          its business, emphasis activities or seeks, through one (1) or more dancers, to
          arouse or excite the patron's sexual desires or sexual fantasies whether or not
          alcoholic beverages, beer, intoxicating liquor or other non-intoxicating beverages
          are sold or consumed on the premises.

6.   Any of the following businesses that provide services:

     a.   Bathhouse: An enterprise in which the business is offering baths with other
          persons present who are nude or displaying specified anatomical areas.

     b.   Adult motel:      An enterprise in which the business is offering public
          accommodations for consideration for the purpose of viewing closed circuit
          television transmissions, films, motion pictures, video cassettes, slides or other
          photographic reproductions which are distinguished or characterized by an
          emphasis on the depiction or description of specified sexual activities or specified
          anatomical areas or rents or subrents room accommodations for less than six (6)
          hours at a time.

ADULT ENTERTAINMENT: Any live exhibition, performance or dance characterized by
the exposure of any specified anatomical area even if covered by translucent clothing or by
specified sexual activities or by appearance of persons in attire, costume or clothing so as to
emphasize or expose, even through opaque clothing, the view to specified anatomical areas.

CUSTOMER/PATRON: Any person who:

1.   Is allowed to enter an adult business in return for the payment of an admission fee or
     any other form of consideration or gratuity; or

2.   Enters an adult business and purchases, rents or otherwise partakes of any merchandise,
     goods, entertainment or other services offered therein; or

3.   Is a member of or is on the premises of an adult business operating as a private club.

EROTIC DANCE: Any dance performed by an erotic dancer in an erotic dance
establishment which emphasis or seeks to arouse or excite a patron's sexual desires.

EROTIC DANCER: Any male or female who performs in an erotic dance establishment,
who is not fully clothed or is wearing clothing designed to accentuate the body in a manner
which would tend to sexually arouse another person.

EMPLOYEE: Any and all persons, including managers, entertainers and independent
contractors, who work in or at or render any services whatsoever directly related to the
operation of an adult business.

ENTERTAINER: Any person who provides adult entertainment within an adult business, as
defined in this Section, whether or not a fee is charged or accepted for entertainment.

MANAGER: Any person who manages, directs, administers or is in charge of the affairs
and/or conduct of any portion of any activity involving adult entertainment occurring at any
adult business.

OPERATOR: Any person owning, operating, conducting or maintaining an adult business.

PRIMARY BUSINESS PURPOSE: