LAND USE

CHAPTER 400:  ZONING CODE

ARTICLE I.  GENERAL PROVISIONS

SECTION 400.010:             CITATION

This Chapter in pursuance of the authority granted by the General Assembly of the State of Missouri in Chapter 89, RSMo., shall be a part of the comprehensive plan for the City of Buckner and shall be known as the Zoning Code and may be cited as such.  (Ord. No. 392 Art. I §1, 11-5-81)

SECTION 400.020:             OBJECTIVES AND INTENT

A.            The objective of the Zoning Code is to establish standards and policies concerning development of land which may be used in helping to achieve the goals of the Buckner Comprehensive Plan.  Goals for development are generally expressed through programs and policies on such matters as:  land use, taxation, capital improvements, urban redevelopment, public services and other issues which require public decisions.

B.            It is intended that the standards and policies established in the Zoning Code reflect a sense of value toward the physical environment including, the value of appearance and congenial arrangement for the conduct of trade, industry, agriculture, residence and other uses of land necessary to the City’s well being, insofar as such values are or can be related to the broadest goals of the Comprehensive Plan.

C.            It is further intended that the zoning districts established by this ordinance shall be implemented in accordance with a comprehensive land use plan and policy whereby the location of each district shall be made with reasonable consideration to the character of the district, its peculiar suitability to it’s location and it’s relationship to surrounding uses.

D.            Notwithstanding any other provision of Chapter 400 known as the “Zoning Code” which might be interpreted to permit same, it is hereby declared that no prison, jail, detention facility or holding facility for prisoners shall be constructed within the City limits of the City of Buckner unless the issue is put before a vote of the citizens of the City of Buckner and receives a favorable vote of those citizens who cast their vote thereon.  The only exception to such prohibition is any facility which is needed to allow the City of Buckner Police Department to detain or hold arrested individuals for a period of time, no longer than twenty-four (24) hours.  (Ord. No. 392 Art. I §2, 11-5-81; Ord. No. 562, 7-10-97)

SECTION 400.030:             PURPOSE AND SCOPE

The purpose of this Chapter is to promote the health, safety, peace and general welfare to the community-at-large by establishing regulations and conditions governing the erection and use of buildings and other structures and the use of land for trade, industry, agriculture, residence and other specified purposes; to avoid undue concentrations of population; to prevent overcrowding of land; to provide adequate light and air; to secure safety from fire panic and other dangers; to prevent the pollution of air, streams and ponds; to encourage the wise use and sound management of the natural resources throughout the City in order to preserve the integrity, beauty and stability of the City and the value of land; and to facilitate the adequate provision of public improvements by:  dividing the City into districts; defining certain terms; designating the kinds and classes of trade, industry, agriculture, residences and other purposes for which buildings and other structures may be permitted to be erected, constructed, reconstructed, altered, repaired or used in such districts; regulating and limiting the height and bulk of buildings and other structures; regulating and limiting lot occupancy and population density; providing minimum size yards and other open spaces; providing performance standards applicable to all uses; establishing off-street parking and loading requirements; providing for a Board of Zoning Adjustment and defining the powers and duties of said Board of the procedures for appeals; and providing a penalty for the violation of this Chapter.  (Ord. No. 392 Art. I §3, 11-5-81)

SECTION 400.040:             REGULATION OF USE, HEIGHT, AREA, YARDS AND OPEN SPACES

Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of the Articles contained herein relating to any or all districts.  (Ord. No. 392 Art. I §4, 11-5-81)

SECTION 400.050:             ZONES AND ZONING MAP

A.            The City of Buckner is hereby divided into zones as shown on the Zoning Map, (dated November 5, 1981) filed with the City Clerk.  The map and all explanatory material thereon is hereby made a part of this Chapter.  It shall be the duty of the Planning Commission to keep on file in the office of the City Clerk an authentic copy of said map showing all changes, amendments or additions thereto and a chronology of same as they are made.

B.            Zones shall be designated as follows:

1.            Residential.

“R-1″     Single-Family Dwelling District

“R-2″     Two-Family Dwelling District

“R-3″     Multiple-Family Dwelling District

2.            Commercial.  The “MX” mixed used zoning district would apply to the following zones:

“C-1″     Local Commercial District

“C-2″     General Commercial District

“C-3″     Highway Commercial District

3.            Industrial.

“I-1″       Light Industrial District

“I-2″       General Industrial District

4.            Agricultural.

“A”         Agricultural District

5.            Special services.  The “MX” mixed use zoning district would apply to the following zone.

“SS”       Special Services District

6.            Flood Plain.

“FW”     Floodway Overlay District

“FF”       Floodway Fringe Overlay District

7.            Mixed Use Zoning.

“MX”     Mixed Use District

C.            Specific district regulations are set forth in Article II.  (Ord. No. 392 Art. I §5, 11-5-81; Ord. No. 728 §1, 3-3-05)

SECTION 400.060:             INTERPRETATION OF ZONING DISTRICT MAPS

A.            When definite distances are not shown on the Zoning District Maps, the district boundaries are intended to be along existing streets, alleys, or platted lot lines or extensions of same; and if the exact location of such lines is not clear, it shall be determined by the Planning Commission, due consideration being given to location as indicated by scale on the Zoning District Map or Maps.

B.            When on account of any vacation proceedings or for any other cause, the streets or alleys on the ground differ from the streets or alleys, as shown on the Zoning District Maps, the Planning Commission may apply the district designation on the Map or Maps to the streets or alleys on the ground in such manner to conform to the intent and purpose of this Chapter.

C.            Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such vacated street or alley.  (Ord. No. 392 Art. I. §5.1, 11-5-81)

SECTION 400.070:             DEFINITIONS AND INTERPRETATION OF WORDS

All words used in the present tense include the future tense.  All words in the plural number include the singular number and all words in the singular number include the plural number unless the natural construction of the wording indicates otherwise.  The word “building” includes the word “structure”.  The word “structure” includes the words “sign structures”.  The word “lot” includes the words “plot” and “tract”.  The words “shall” and “must”:  Are mandatory and not directory.  The word “used” shall be deemed to include “designed, intended, or arranged to be used”.  Unless otherwise specified all distances shall be measured horizontally.

ACCESSORY BUILDING OR USE:   A subordinated building having a use customarily incidental to and located on the lot occupied by the principal building; or a use customarily incidental to the principal use of the property.  A building housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the main building or is under an extension of the principal roof and designed as an integral part of the principal building.  An accessory use shall not materially change the character of activity of the principal use it services.

AFFECTED LAND:  Any area where the natural condition of the land has been disturbed as a result of any mining or quarrying operation or by development.

AGRICULTURAL USE:  Any use involved with or directly related to the cultivation of the soil, production of plants or crops or the raising of livestock.  Poultry production, fish hatcheries, fur farming, floriculture and silvaculture are agricultural use.

ALLEY:  A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

APARTMENT:  A room or suite of rooms used as a dwelling for one (1) family, with kitchen facilities therein, within a multi-family building.

APARTMENT HOTEL:  An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels.  Apartment hotels may furnish transient rooms as an accessory accommodation.

APARTMENT HOUSE OR MULTIPLE-FAMILY DWELLING:  A single detached dwelling designed for and occupied by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort type hotels.

AUTOMOBILE SALVAGE YARD:  The collecting, dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.  A deposit or the storage of two (2) or more wrecked or otherwise unserviceable motor vehicles or the parts of two (2) or more such vehicles, on any lot in any zoning district, shall be deemed an auto salvage yard.  Any motor vehicle not bearing a current State motor vehicle inspection sticker is deemed unserviceable.

BASEMENT:  A story partly or wholly underground.  For purposes of height measurement a basement shall be counted as a story when more than one-half (½) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.  Earth sheltered dwellings are excepted.

BASEMENT HOUSE:  A basement used or intended to be used as a dwelling.  An earth sheltered dwelling is not a basement house.

BLOCK:  A piece or parcel of land entirely surrounded by public highway or streets.  In cases where the platting is incomplete or disconnected, the Planning Commission shall determine the outline of a block.

BOARDING HOUSE OR ROOMING HOUSE:  A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons, but not for transients.

BUILDABLE AREA:  The buildable area of a lot is the percentage of the lot permitted by this Chapter to be covered by a building or it is the space remaining on a lot after the minimum yard or other open space or parking space requirements of this Chapter have been observed.

BUILDING:  Any structure intended for shelter, housing or enclosure of persons, animals or chattel.  When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate structure.

BUILDING HEIGHT:  The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

BUILDING, PRINCIPAL OR MAIN:  A building in which is conducted the principal use of the lot on which it is situated.  In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

BUILDING SITE: A single parcel of land under one (1) ownership, occupied or intended to be occupied by a building or structure.

CAR WASH:  A building, or portion thereof, containing facilities for washing automobiles using production line methods or providing coin operated self-service facilities.

CHILD CARE CENTER:  Any place, home or institution which receives three (3) or more children under the age of sixteen (16) 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 the State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to the churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or are engaged in church activities.

COVERAGE, LOT:  The percentage of the lot area covered by the building.  The building area shall include all overhanging roofs.

DENSITY:  As used in this Chapter, all densities are stated as dwelling units, or persons per net acre, exclusive of land in streets, alleys, or other public places.

DISTRICT, ZONING:  Any section or sections of Buckner for which regulations governing the use of buildings and premises or the height and the area of buildings are uniform.

DRIVE-IN ESTABLISHMENT:  A business establishment so developed that its principal retail or service character is dependent upon providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle; or intended to permit, in the motor vehicle, consumption of food or beverage obtained by a patron from said business establishment.

DWELLING:  Any building, or portion thereof, which is designated or used as living quarters for one (1) or more families, but not including house trailers.

DWELLING, EARTH SHELTERED:  A dwelling constructed so as to blend the dwelling with its surroundings or to improve its energy performance, or both.  One (1) facade of such a dwelling shall be exposed to light and air.  A basement house is not an earth sheltered dwelling.

DWELLING, SINGLE-FAMILY: A dwelling designed to be occupied by one (1) family and containing a minimum of six hundred (600) square feet of living area.  The classification single family dwelling shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home and shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood , marriage or adoption.

DWELLING, TWO-FAMILY:  A dwelling containing two (2) dwelling units designed to be occupied by two (2) families living independently of each other.  Each dwelling unit shall contain a minimum of six hundred (600) square feet of living area.

DWELLING, MULTIPLE:  A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

DWELLING UNIT:  One (1) room or a suite of two (2) or more rooms designed for or occupied by one (1) family for living and sleeping purposes and having only one (1) kitchen or kitchenette.  A dwelling unit shall contain a minimum of six hundred (600) square feet of ground story living area, excluding porch, patio, and garage.   A one-family dwelling contains one (1) dwelling.

FAMILY:  One (1) or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons (excluding servants) not all related by blood or marriages, occupying premises and living as a single non-profit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use.  A family shall be deemed to include domestic servants employed by said family and foster children.

GARAGE APARTMENT: A dwelling unit for one (1) family erected above a private garage.

GARAGE PRIVATE:  An accessory building or a part of a main building used for storage purposes only for not more than three (3) automobiles, or for a number of automobiles which does not exceed one and one-half (1½) times the number of families occupying the dwelling unit to which such garage is accessory, which ever number is the greater.  Such space shall not be used for storage of more than one (1) commercial vehicle which does not exceed one and one-half (1½) tons rated capacity, per family living on the premises, and not to exceed two (2) spaces shall be rented to persons not residing on the premises for storage of noncommercial passenger vehicles only.

GARAGE, PUBLIC:  Any garage other than a private garage, available to the public, used for the care, servicing, repair, or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

GASOLINE OR AUTOMOBILE SERVICE STATION:  Any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.  Inoperative vehicles may be stored upon the premises not more than forty-eight (48) hours unless stored inside a building.

HELP-YOURSELF LAUNDRY OR SELF SERVICE LAUNDRY:  A laundry providing home type washing, drying and ironing machines for hire to be used by the customers on the premises.

HOME OCCUPATION:  Any occupation or profession carried on by the inhabitants with no employees outside the immediate family, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one (1) non-illuminated nameplate not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted.  The conducting of a beauty or barber shop, tea room or restaurant, rest home, clinic, doctor or dentist office, child care center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

HOTEL:  A building which is designed and intended to be occupied or used as a more or less temporary place of residence available to transients who are lodged with or without meals and no provision is made for cooking in any individual guest room.

JUNK YARDS:  A place where waste, discarded or salvaged metals, lumber, or building materials, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, or cleaned, and places or yards for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel materials and equipment.

KENNEL:  An establishment where four (4) or more dogs more than six (6) months of age are housed, bred, or kept for sale.

LOT:  Any plot of land occupied or intended to be occupied by one (1) building, or a group of buildings, and its accessory buildings and uses, including such open spaces as required by this Chapter and other laws or ordinances, and having its principal frontage on a street.

LOT AREA:  The total horizontal area included within lot lines.

LOT CORNER:  A lot of which at least two (2) adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five degrees (135°).

LOT, DEPTH:  The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

LOT, DOUBLE FRONTAGE:  A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, FRONTAGE:  That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

LOT, INTERIOR:  A lot other than a corner lot.

LOT LINES:  The lines bounding a lot as defined herein.

MEDICAL FACILITIES:

1.            Convalescent, rest or nursing home:  A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.  Such a home does not contain facilities for surgical or acute medical care.

2.            Dental clinic or medical clinic:  A facility for the examination and treatment of ill and afflicted human outpatients provided, however, that patients are not kept overnight except under emergency conditions.

3.            Dental office or doctors office:  Same as dental or medical clinic.

4.            Hospital:  An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

5.            Public health center:  A facility primarily utilized by a health unit for the provisions of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.

6.            Sanitarium:  An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

MOBILE HOME:  A movable, detached single-family dwelling unit; constructed or fabricated within a factory; complete system capable of being connected to an outside system; transportable over the road on its own chassis and wheels to the site where it is to be connected semi-permanently to a separate utility system; whether or not permanently attached to any foundation.

MOBILE HOME PARK:  Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long term accommodation of more than thirty (30) days for placement of two (2) or more mobile homes and shall include all buildings used or maintained for the use of the residents of the development.

MODULAR HOME:  A residence purchased in two (2) or more sections which is transported to the building site and placed upon a permanent foundation.

MOTEL OR MOTOR HOTEL:  An area containing one (1) or more structures designed or intended to be used as temporary sleeping facilities of one (1) or more transient families and intended primarily for automobile transients and at least one (1) parking space for each guest room.

NON-CONFORMING USE:  A structure or land lawfully occupied on the date this ordinance was adopted by a use that does not conform to the regulations of the district in which it is situated, as set forth in this Chapter.

NUISANCE, PRIVATE:  An unreasonable interference by one (1) persons’s use of his property with the use and enjoyment of another’s property.  Typical private nuisances are those producing foul odors, loud and recurring noises and/or vibrations, water pollution, and unsightly physical conditions or physical conditions amounting to a health hazard.

NUISANCE, PUBLIC:  When the use of one (1) property occurs in such a manner as to interfere with the rights of a substantial number of people.

OBSTRUCTION:  Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter; in, along, across, or projecting into any channel, watercourse, or flood plain area; which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

PAVEMENT OR PAVED SURFACE:  All off street parking and loading spaces requiring “pavement” shall mean a minimum six (6) inch gravel base and one (1) inch asphaltic concrete surface or its equivalent.

SIGN, ANIMATED:  A sign with moving, flashing or pulsating lighting arrangements or which give a visual illusion of such arrangement or any revolving or rotating sign or signs with other moving mechanical parts, including displays such as banners, pennants or other promotional advertising devices, strung across a building or premises, which rely upon wind currents to create movement or the illusion of movement.

SIGN, ON-PREMISES ADVERTISING:  A sign other than an identification, directional, informational, or temporary sign, as defined by this Chapter which directs attention to the business, commodity, service, activity, or product which is sold, offered for sale or conducted upon the premises where such sign is located.

SIGN, DIRECTIONAL:  A sign which gives direction to a pedestrian or motor vehicle driver when entering or leaving any premises.  Such signs include directional identification of:  a building, driveway entrances or exits, loading areas, direction of traffic flow, parking areas and directions pertaining thereto.  Such signs serve no other commercial purpose.

SIGN, GROSS AREA OF:  The gross area of a sign shall be defined as the largest rectangular area or areas necessary to encompass the entire perimeter enclosing the extreme limits of all elements composing such sign, but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display.

SIGN, IDENTIFICATION:  A sign or symbol used solely for the purpose of identifying the essential nature of the occupancy of any premises and having no other message or purpose.  Such sign may include the name only of a product or service offered and an identifying symbol and the name and address of the owner, occupancy or management of the premises.

SIGN, INFORMATIONAL:  A sign used solely for the purpose of providing information related to the services, activities, programs, or entertainment being currently offered on any premises.  Such sign shall include historical markers, public signs, bulletin boards or panels for churches or places of public assembly or theaters.  Signs giving hours of operation, time, temperature or similar general information shall be regarded as an information sign.  An informational sign shall not contain any promotional advertising but may contain the name and address of the sponsor.

SIGN, OFF-PREMISES ADVERTISING:  A sign, other than an identification, directional, informational, or temporary sign as defined by this Chapter, which directs attention to a business, commodity, service, activity or product which is not sold, offered for sale or conducted upon the premises where such sign is located.

SIGN, PROJECTING:  A sign which projects away from the surface of any building, wall or other structure to which it is attached.  A sign which is attached parallel to and does not project away from the face of a marquee is not considered a projecting sign.

SIGN, ROOF:  A sign which is placed or located above the roof level of flat roofs or above the eaves of any other roof, whether such sign is located upon a separate sign structure or upon any other structure located upon the roof or upon a vertical wall portion of a building which may arise above any roof level or the building.

SIGN, STRUCTURE:  A structure which ordinarily serves no other purpose than to support a sign.  Structures or symbols, such as statuary or similar devices, which are used for advertising purposes shall be constructed as an advertising sign.

SIGN, TEMPORARY:  A sign directing attention to a temporary condition.  Such a sign may include:   “for sale”, “for rent”, “for lease”, or a similar temporary real estate sign; signs identifying construction projects including names of persons or firms engaged in the project; signs for temporary uses of land such as carnivals, circuses or fairs (whenever such temporary uses are permitted); banners, pennants and unofficial flags commemorating or drawing attention to a temporary activity; and signs of a political nature pertaining to public elections and including voting places.

SIGN, WALL:  Any advertising sign attached to and erected parallel to and within one (1) foot of the face or wall of a building, including signs painted on the walls of buildings.

STORY:  That portion of a building, other than a basement, 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 above it.

STORY, GROUND:  The lowest story of a building, the floor of which is not more than twelve (12) inches below the level of the adjoining ground at any point.  Earth sheltered dwellings are excepted from this definition.

STORY, HALF:  A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use.  A half (½) story containing independent apartment or living quarters shall be counted as a full story.

STREET:  Any public or private thoroughfare which affords the principal means of access to abutting property.

STREET, INTERSECTING:  Any street which joins another street at an angle, whether or not it crosses the other.

STRUCTURE:  Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.

STRUCTURAL ALTERATIONS:  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

TOURIST CABINS OR TRAILER CAMPS:  A tract, lot, or parcel of land open to the public for a fee upon which two (2) or more tourist cabins are located or where temporary accommodations are provided for two (2) or more automobile trailers, recreational vehicles, tents, or house cars.

TOURIST HOME:  A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.

TRAILER OR TRAVEL TRAILER:  A portable vehicular unit designed and intended to be used for temporary short term occupancy and for frequent and extensive travel use.  Examples of travel trailers would include campers, motor homes, converted busses and other similar units, whether they are self-propelled, pulled, or can be hauled without a special permit.

TRAVEL TRAILER CAMP:  Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodations up to and including thirty (30) days or less or placement of two (2) or more travel trailer units and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

TREE OR SHRUB:  Any object of natural growth.

USE:  The “use” of property is the purpose for which the land or the building thereon is designed, arranged, or intended or for which it is occupied or maintained.

VARIANCE:  A modification or variation of the provisions of this Chapter as applied to a specific piece of property.

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 where otherwise specifically provided in this Chapter that an accessory building may be located in a portion of a yard required for a main building.  In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

YARD, FRONT:  A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.

YARD, REAR:  A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches.  On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension.  On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE:  A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.  (Ord. No. 392 Art. 1 §6, 11-5-81)

ARTICLE II.  SPECIFIC DISTRICT REGULATIONS

SECTION 400.080:             “R-1″ SINGLE-FAMILY DWELLING DISTRICT

A.            General Description.  This is the most restrictive residential district.  The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area.  These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment.  Internal stability, attractiveness, order and efficiency is encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

B.            Uses Permitted.  Property and buildings in an “R-1″, Single-Family Dwelling District, shall be used only for the following purposes:

1.            Detached one-family dwelling.

2.            Church.

3.            Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

4.            Public park and playground.

5.            Library.

6.            General purpose farm or garden, but not the raising of livestock.

7.            Home occupation.

8.            Accessory buildings which are not a part of the main buildings, including a private garage or accessory buildings which are a part of the main building, including a private garage.

9.            Contractor sheds and real estate offices, temporary.  Permitted only during period of construction and sales.  To be removed upon completion of construction and/or sales.

10.          Bulletin board or sign, not exceeding twenty (20) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.

C.            Uses Permitted on Review.  The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1.            Municipal use, public building and public utility.

2.            Plant nursery in which no building or structure is maintained in connection therewith.

3.            Golf club.

4.            Private club not conducted for profit.

D.            Area Regulations.

1.            Front yard.  All buildings shall be set back from street right of way lines to comply with the following front yard requirements:

a.            The minimum depth of the front yard shall be twenty-five (25) feet.

b.            If twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet.

c.             When a yard has double frontage the front yard requirements shall be provided on both streets.

2.            Side yard.

a.            For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten (10) feet or ten percent (10%) of the lot width, whichever is lesser, except as hereinafter provided in Article III, Section 400.190.  For unattached building of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side or rear lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.

b.            For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.  The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.             Churches and all other approved uses and main and accessory buildings, other than dwellings, and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.

3.            Rear yard.  There shall be a rear yard for a main building of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, which ever amount is smaller.

4.            Lot width.  For dwellings there shall be a minimum lot width of sixty-five (65) feet at the front building line, and such line shall abut on a street for a distance of not less than thirty-five (35) feet.  For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty (40) foot restriction.

5.            Intensity of use.

a.            For each dwelling, and buildings accessory thereto there shall be a lot area of not less than eight thousand (8,000) square feet.

b.            Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership of the effective date of this Chapter that lot may be used for any of the uses, except churches, permitted by this Section.

c.             For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking areas required in Article IV.

6.            Coverage.  Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

E.            Height Regulations.  No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as provided in Section 400.200.  (Ord. No. 392 Art. II §1, 11-5-81; Ord. No. 615 §1, 4-6-00)

SECTION 400.085:             “R-1A” SINGLE-FAMILY DWELLING DISTRICT ON ACREAGE LOTS

A.            General Description.  “R-1A” single-family dwelling lots shall consist of a minimum of three (3) acres.  The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area.  These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment on acreage lots.  Internal stability, attractiveness, order and efficiency is encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

B.            Uses Permitted.  Property and buildings in an “R-1A” Single-Family Dwelling District Acreage Lots”, shall be used only for the following purposes:

1.            Detached one (1) family dwelling.

2.            Church.

3.            Public school or school offering general educational courses and the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

4.            Public park, playground or library.

5.            General purpose farm or garden, but not the raising of livestock.  Permissible pets or livestock are two (2) dogs and/or two (2) cats, not to exceed a total of four (4) in any combination; horses or ponies not to exceed two (2).  Pets and livestock are not permitted for commercial use.

6.            Home occupation.

7.            Accessory buildings which are not a part of the main buildings, including a private garage.

8.            Contractor sheds and real estate offices, temporary.  Permitted only during period of construction and sales.  To be removed upon completion of construction and/or sales.

C.            Uses Permitted On Review.  The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1.            Municipal use, public building and public utility.

2.            Golf course including related buildings.

3.            Private club not conducted for profit.

D.            Area Regulations.

1.            Front yard.  All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:

a.            The minimum depth of the front yard shall not be less than fifty (50) feet.

b.            When a yard has a double frontage, the front yard requirements shall be provided on both streets.

2.            Side yard.  All buildings shall be set back from lot lines to provide a side yard of not less than twenty-five (25) feet.

3.            Rear yard.  There shall be a rear yard setback for buildings of not less than fifty (50) feet.

4.            Lot width.  For dwellings there shall be a minimum lot width of one hundred fifty (150) feet at the front building line.

5.            Intensity of use.

a.            For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than three (3) acres.

b.            For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking areas required in Article IV.

6.            Coverage.  Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

E.            Height Regulations.  There is no height requirement in this district.

(Ord. No. 520 §400.085, 11-10-94)

SECTION 400.090:             “R-2″ TWO-FAMILY DWELLING DISTRICT

A.            General Description.  This is a residential district to provide for a slightly higher population density but with basic restrictions similar to the “R-1″ district.  The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area.  These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment.  Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

B.            Uses Permitted.  Property and buildings in an “R-2″, Two-Family Dwelling District shall be used only for the following purposes:

1.            Any uses permitted in “R-1″, Single-Family Dwelling District.

2.            Two-family dwelling or a single-family dwelling and a garage apartment.

3.            Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

C.            Uses Permitted on Review.  The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

Any use permitted on review in “R-1″, Single-Family Dwelling District.

D.            Area Regulations.

1.            Front yard.  All buildings shall be set back from the street right of way lines to comply with the following front yard requirements:

a.            The minimum depth of the front yard shall be twenty-five (25) feet.

b.            If twenty-five percent (25%) or more of the lots on one (1) side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than forty (40) feet.

c.             When a yard has double frontage the front yard requirements shall be provided on both streets.

2.            Side yard.

a.            For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten (10) feet or ten percent (10%) of the lot width, whichever is lesser.

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.

b.            For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet.

c.             Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall be set back from all exterior and interior lot lines a distance of not less than thirty-five (35) feet.

3.            Rear yard.  For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.  Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten (10) feet to the rear lot line.  Unattached buildings of accessory use may be located in the rear yard of a main building.

4.            Lot width.  For single-family dwellings, two-family dwellings and a single-family dwellings and garage apartments, there shall be a minimum lot width of sixty-five (65) feet at the front building line, and the lot shall abut a street for a distance of not less than thirty-five (35) feet.  For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty (40) foot restriction.

5.            Intensity of use.

a.            For each single-family dwelling and accessory buildings there shall be a lot area of not less than eight thousand (8,000) square feet.

b.            For each two-family dwelling or single-family dwelling and garage apartment there shall be a lot area of not less than five thousand (5,000) square feet per dwelling unit.  In all other cases a garage apartment shall be provided with the same lot area required by single-family dwelling.

c.             Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of this Chapter that lot may be used for any use, except churches, permitted in the “R-1″ Single-Family District.

d.            For churches and main accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking area required in Article IV.

6.            Coverage.  Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area.  Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

E.            Height Regulations.  No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Section 400.200.  (Ord. No. 392 Art. II §2, 11-5-81; Ord. No. 615 §2, 4-6-00)

SECTION 400.100:             “R-3″ MULTIPLE-FAMILY DWELLING DISTRICT

A.            General Description.  This is a residential district to provide for medium and high population density.  The principal use of land can range from single-family to multiple-family and garden apartment uses.   Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area.  Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

B.            Uses Permitted.

1.            Any use permitted in an “R-2″ Residential District.

2.            Multiple-family dwelling, apartment house.

3.            Rooming or boarding house.

4.            Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

C.            Uses Permitted on Review.  The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1.            Any use permitted on review in an “R-1″ or “R-2″ Residential District.

2.            Child care center.

3.            Medical facility.

4.            Mobile Home Park.

D.            Area Regulations.

1.            Front yard.  All buildings shall be set back from street right of way lines to comply with the following front yard requirements.

a.            The minimum depth of the front yard shall be twenty-five (25) feet.

b.            If twenty-five percent (25%) or more of the lots on one (1) side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than forty (40) feet.

c.             When a yard has a double frontage the front yard requirements shall be provided on both streets.

2.            Side yard.

a.            For dwellings located on an interior lot a side yard of not less than ten (10) feet shall be provided on both sides of the main building.

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one (1) story buildings of accessory use shall not be required to be set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.

b.            For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

c.             Mobile home parks shall be planned in such a manner that no mobile home, or related building, shall be located closer than fifteen (15) feet to any side lot line.

d.            Churches and main and accessory buildings, other than dwellings and mobile homes, shall be set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.

3.            Rear yard.  For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.  Garage apartments may be located in the rear yard of dwelling, but shall not be located closer than ten (10) feet to the rear lot line.  Unattached buildings of accessory use may be located in the rear yard of a main building.

4.            Lot width.  There shall be a minimum lot width of sixty-five (65) feet at the front building line for single-family and two-family dwellings, and ten (10) feet additional width at the front building line for each family, more than two (2) occupying a dwelling.  However, a lot width at the front building line shall not be required to exceed one hundred fifty (150) feet.  For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty (40) foot restriction.

5.            Intensity of use.

a.            There shall be a lot area of not less than eight thousand (8,000) square feet for a single-family dwelling and ten thousand (10,000) square feet for a two-family dwelling, and not less than ten thousand (10,000) square feet plus an additional area of not less than two thousand (2,000) square feet for each dwelling unit in excess of two (2).

b.            There shall be a lot area of not less than ten thousand (10,000) square feet per dwelling unit where a garage apartment is located on the same lot with a single-family dwelling.  When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than two thousand (2,000) square feet more than is required for the two-family or multiple-family dwelling.

c.             Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of this Chapter that lot may be used for any use, except churches, permitted in the “R-1″ Single-Family Dwelling District.

d.            For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking area required in Article IV.

6.            Coverage.  Main and accessory buildings shall not cover more than thirty-five percent (35%) of the lot area.  Accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

E.            Height Regulations.  No building shall exceed three (3) stories or forty (40) feet in height, except as provided in Section 400.200.  (Ord. No. 392 Art. II §3, 11-5-81; Ord. No. 615 §3, 4-6-00)

SECTION 400.110:             “C-1″ LOCAL COMMERCIAL DISTRICT

A.            General Description.  This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas.  Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

B.            Uses Permitted.  Property and buildings in a “C-1″, Local Commercial District, shall be used only for the following purposes:

1.            Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, as follows:

Antique Shop.

Apartment hotel.

Appliance store.

Arts school, gallery or museum.

Artist materials, supply, studio.

Assembly halls for non-profit corporations.

Automobile service station.

Automobile parking lot.

Baby shop.

Bakery goods store.

Bank.

Barber shop.

Beauty shop.

Book or stationery shop.

Camera shop.

Candy store.

Catering establishment.

Child Care Center.

Cleaning, pressing, laundry agency, providing

cleaning and pressing is not done on the premises.

Curio or gift shop.

Drug store or fountain.

Drygoods store.

Department Store.

Dairy products or ice cream store.

Delicatessen.

Dress shop.

Florist shop, greenhouse, nursery.

Furniture.

Golf club.

Grocery store or supermarket.

Hardware store.

Hotel.

Help-yourself laundry.

Jewelry or notion store.

Libraries.

Lodge hall.

Meat market.

Medical facility.

Messenger or telegraph service.

Municipal use, public building and public utility.

Museums.

Music conversatories.

Musical instrument sales.

Newspaper or magazine sales.

Office business.

Office supply.

Optometrists sales and service.

Paint and decorating shop.

Parking lot.

Photographer studio.

Pharmacy.

Radio and television sales and service.

Restaurant.

Sewing machine sales, instruction.

Sporting goods sales.

Shoe repair shop.

Tailor shop.

Toy store.

Variety store.

2.            Name plate and sign relating only to the use of the store and premises or to product sold on the premises.  Lighted signs of flashing or intermittent type shall be prohibited.

3.            Accessory buildings and uses customarily incidental to the above use.

4.            Any building used for any of the above enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use.  No material or goods offered for sale or stored in connection with the uses enumerated in Subsections (1) through (3) above shall be displayed or stored outside of a building.

5.            Any business operating under this Section may display outside of its building(s) but on its property selected items representing goods offered for sale by the business. However, sidewalks and traffic ways shall not be blocked by such displays.

C.            Area Regulations.  The following requirements shall apply to all uses permitted in this district.

1.            Front yard.   All buildings shall be set back from the street right of way line to provide a front yard having not less than twenty-five (25) feet in depth.

2.            Side yard.  On the side lot adjoining a dwelling district there shall be a side yard of not less than twenty-five (25) feet.  Whenever the rear lot line of a corner lot abuts a dwelling district the side yard adjacent to the street shall not be less than fifteen (15) in width.  In all other cases no side yard shall be required.

3.            Rear yard.  Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet.

D.            Height Regulations.  No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as hereinafter provided in Section 400.200.  (Ord. No. 392 Art. II §4, 11-5-81; Ord. No. 698 §1, 4-3-03)

SECTION 400.120:             “C-2″ GENERAL COMMERCIAL DISTRICT

A.            General Description.  This commercial district is intended for the conduct of personal and business services and the general retail business of the community.  Persons living in the community and in the surrounding trade territory require direct and frequent access.  Traffic generated by the uses will be primarily passenger vehicles required for stocking and delivery of retail goods.

B.            Uses Permitted.  Property and buildings in a “C-2″ General Commercial District shall be used only for the following purposes:

1.            Any use permitted in a “C-1″ Local Commercial District.

2.            Amusement enterprises.

3.            New automobile sales and services, new machinery sales and services, and public garages, provided no gasoline is stored above ground; used automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery salvage or wrecking establishments or junk yards.

4.            Advertising signs or structures.

Ambulance service office or garage.

Assembly hall.

Bakery.

Boat sales.

Bowling alleys.

Bus terminal.

Carpenter and cabinet shop.

Cleaning and dyeing works.

Clothing or apparel store.

Commercial school or hall.

Dance hall.

Department store.

Drive-in theater or restaurant.

Electric transmission station.

Equipment rental (for home repair lawn and garden maintenance).

Feed and fuel store.

Frozen food locker.

Furniture repair and upholstery.

Funeral parlor or mortuary.

Gasoline and Service Station

Golf course, miniature or practice range.

Heating, ventilating or plumbing supplies,

sales and services.

Interior decorating store.

Ice storage locker plant or storage house for food.

Key shop.

Kennel.

Laboratories, testing and experimental.

Laundry.

Leather goods shop.

Music, radio or television shop.

Night club.

Nursery or garden supply store.

Outdoor advertising signs.

Pawn shop.

Pet shop.

Printing shop.

Recreation center.

Research laboratories.

Roller skating rink.

Sign painting shop.

Hospital for small animals.

Sporting goods store.

Stock and bond broker.

Storage warehouse.

Theater.

Tavern.

Toy store.

Used automobile sales.

Wholesale distributing center.

5.            Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments.

6.            Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

Other than selected items representing goods offered for sale, all articles or materials stored or offered for sale in connection with uses permitted under Subsections (1) through (6) above shall be stored or displayed inside the confines of a building or screened by permanent ornamental walls, fences or planting so that said articles or materials cannot be seen from adjoining streets or lots when viewed by a person standing on ground level, provided however, that no screening in excess of seven (7) feet in height shall be required.  Those representative items selected for sale displays shall not block sidewalks and traffic ways.

C.            Area Regulations.

1.            There are no specific front or side yard requirements for uses.

2.            Rear yard.  Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width.  In all other cases no rear yard is required.

3.            Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

D.            Height Regulations.  No building shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as provided in Section 400.200. (Ord. No. 392 Art. II §5, 11-5-81; Ord. No. 698 §2, 4-3-03)

SECTION 400.130:             “C-3″ HIGHWAY COMMERCIAL DISTRICT

A.            General Description.  This commercial district is intended to provide a location for the conduct of the services and retail business for motorists passing through the community and for the limited amount of merchandise, equipment and material being offered for retail sale that because of the type of material or transportation requirements are suitable for display and storage outside the confines of an enclosed building.  Persons of the community, the surrounding trade territory, the concentration of shoppers will be much smaller and visits less frequent than in the General Commercial District.

B.            Uses Permitted.  Property and buildings in a “C-3″ Highway Commercial District shall be used only for the following purposes:

1.            Any use permitted in a “C-2″ General Commercial District.

2.            Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

Mobile home sales and repair.

Monument sales.

Nightclub.

Manufactured/modular homes sales.

Self-storage warehouse.

Shops for custom work or the manufacture of articles to be sold at retail on the

premises provided that such manufacturing use is not noxious or offensive by

reason of vibration, noise or the emission of odor, dust, smoke or gas.

Trailers for hauling, rental and sales.

Travel trailer camp.

3.            Any other retail sales business with characteristics similar to the foregoing and which are not in conflict with the purposes and intent of this Chapter and not otherwise provided for in this Chapter.  Accessory uses customarily incidental to the foregoing uses.

4.            The above enumerated uses shall comply with the following provisions:

a.            Other than selected items representing goods offered for sale, all open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in an “R” Residential or a “C-1″ or “C-2″ Commercial District when located to the side or rear of the lot on which said open storage or display occurs; provided however, that screening shall not be required in excess of seven (7) feet in height.  All planting shall be kept neatly trimmed and maintained in good condition at all times.  Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting [to] by permanent buildings that it cannot be seen from a public street.  Those representative items selected for sale displays shall not block sidewalks and traffic ways.

b.            All yards not occupied with buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in good condition the year round.

c.             All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

d.            All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building or within an area screened by ornamental fencing or evergreen planting so that it cannot be seen from a public or an “R” Residential or a “C-1″ or “C-2″ Commercial District.

e.            Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

f.             Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets and shall not be of a flashing or intermittent type.

C.            Uses Permitted On Review.  The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1.            Any use permitted on review in “C-2″ General Commercial District.

D.            Area Regulations.  The following requirements shall apply to all uses permitted in this district:

1.            Front yard.  All buildings shall be set back from the street right-of-way line to provide a front yard of not less than twenty-five (25) feet in depth.

2.            Rear yard.  Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (30) feet in width.  In all other cases, no rear yard is required.

3.            Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

E.            Height Regulations.  No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as hereinafter provided in Section 400.200.  (Ord. No. 392 Art. II §6, 11-5-81; Ord. No. 637 §1, 4-5-01; Ord. No. 698 §3, 4-3-03)

SECTION 400.135:             “MX” MIXED USE ZONING

A.            Intent.

1.            The intent of this Section is to allow for employment-oriented and residential-oriented properties to coexist in the same area.

2.            Mixed use (“MX” designation) would be considered an overlay that would allow residential use of property in an area already designated commercial “C-1″, “C-2″ or “C-3″.

3.            Mixed use properties would receive primary consideration as a commercial entity first and all residential aspects would be considered subordinate to the commercial use.

B.            Permitted Uses Upon Review.  The “MX” overlay is conditional upon maintaining an ongoing commercial use.

C.            Requirements.

1.            No residential use would be allowed on the first (1st) floor of mixed use properties.

2.            Buildings adjacent to public streets shall include at least one (1) public entrance clearly visible and directly accessible from the public street.

3.            Blank building facades or walls shall not exceed twenty (20) feet in length.  A building facade or wall is considered blank if it is uninterrupted by windows, ornamentation, decoration, articulation or other architectural detailing.

4.            Landowner to provide two (2) off-street parking spaces for each residential unit.

5.            All rental agreements between building owner and residential tenants will include information on the implications of living in a mixed use building.  Information should inform the tenant that should the business cease operation, the residential rental/lease agreement is immediately null and void and premises must be vacated within thirty (30) days.

D.            Implementation.

1.            Commercial portion of structure must have entrance at street level facing the street.

2.            Retail section must have posted hours of operation.

3.            Entrance to the retail section must have posted signage indicating open and closed.

4.            No residential use on street level.

5.            Building modifications must meet all existing codes.

6.            A business license will only be issued after annual review for compliance.

7.            Living quarters shall have a fire suppression sprinkler system installed in compliance with the City’s adopted fire protection codes.  On an annual basis evidence shall be provided to the City to their satisfaction that the fire suppression system is maintained in a proper working order.  (Ord. No. 728 §2, 3-3-05)

SECTION 400.140:             “I-1″ LIGHT INDUSTRIAL DISTRICT

A.            General Description.  Intended primarily for lighter manufacturing industries and related industrial activities in which production performances characteristically produce a finished product from semi-finished materials but requires little or no outside material storage.  The district does not rely upon specific relation to fixed transportation routes and may rely primarily upon motor truck or air cargo deliveries of lighter bulk items.  Commercial uses in this district are generally those which serve the convenience of industrial establishments or their employees.  Residential uses are not compatible with this environment and are not permitted in order that the district may be preserved for its intended light industrial purpose.

B.            Uses Permitted.

1.            No building, structure, land or premises shall be used and no building or structure shall hereafter be erected, moved, constructed or altered except for one or more of the following uses:

Agriculture, except animal raising, training or feeding farms.

Amusement parks.

Animal hospital and shelters, public and private.

Argon gases, or other inert storage, sales and service.

Auction houses.

Automobile sales, retail & wholesale.

Automobile warehouses.

Automobile parks, commercial.

Bakeries, wholesale.

Banks.

Barge line terminals.

Beverage manufacturing.

Biological products manufacturing.

Blacksmith, welding and brazing services.

Bookbinding and related miscellaneous work.

Bottling and canning of beverages.

Breweries.

Bus garaging and maintenance.

Cabinet makers.

Cafes, cafeterias and restaurants.

Canning or preserving factories.

Carpet cleaning and carpet manufacturing.

Casket manufacturing.

Ceramic wall and floor tile manufacturing.

Cereal manufacturing.

Chemical cleaning services.

Chemical laboratories.

Chewing gum manufacturing.

Cleaning, pressing and dyeing plants.

Cold storage plants.

Contractor’s equipment, rental and sales.

Crematories and mortuaries.

Custom farming and/or contract farming and storage of

accessory equipment.

Dairies, cheese factories, milk bottling or condensaries and

similar enterprises.

Dental equipment and supplies manufacturing.

Dog pounds.

Electroplating works, precious metals.

Engine and turbine repairing service.

Farm implement and truck sales.

Gasoline service stations.

Golf driving ranges and golf courses.

Greeting card and similar paper product manufacturing.

Horseshoers – farriers.

Ice plants.

Iron, ornamental and wrought manufacturing.

Jewelry and precious metals manufacturing, silverware and

plated ware.

Laundries.

Liquor distilleries.

Lumber yards.

Machine shops.

Mail order houses, central store and warehouse.

Manufacturing products such as:  artificial flowers, feathers and plumes, bags,

boats, brooms and brushes, buttons, novelties, souvenirs, textile products, cigars

and other tobacco products, cleaning or polishing preparations, coffee roasting,

communications equipment, cottonseed products, drugs and pharmaceutical products,

electrical equipment, electrical signs, extracts, food products, gas fixtures, heating apparatus,

hospital equipment, janitor supplies and equipment, laboratory equipment, leather products

(no tanning), musical instruments, sausage, syrup, sheet metal products and wooden ware.

Mobile homes and modular housing manufacture.

Monument manufacturing.

Mortician’s supply manufacturing.

Motor freight terminal.

Moving and storage plants.

Newspaper publishing plants.

Nurseries and greenhouses.

Office machine manufacturing.

Packing and crating services.

Photo engraving plant.

Photo equipment and supplies manufacturing.

Printing plants.

Sign painting plants.

Stone cutting plants.

Taverns and bars for the sale of alcoholic beverages.

Veterinary equipment and supplies manufacturing.

Warehousing of products similar in character to those

listed herein.

Wholesale sales of products similar in character to

those listed herein.

Manufacture and wholesale of products similar in character

to those listed herein and not listed in Section 400.150,

“I-2″ General Industrial District.

Accessory uses customarily incidental to the foregoing uses.

Caretaker’s or night watchman’s sheds are considered

customary accessory uses.

2.            All of the uses permitted under this Section shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor or fumes outside of the building housing the operation or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street.  Other than selected items representing goods offered for sale, any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.  Those representative items selected for sale displays shall not block sidewalks and traffic ways.

C.            Area Regulations.

1.            Front yard.  All buildings shall be set back from the street right of way line to provide a front yard having not less than twenty-five (25) feet in depth.

2.            Side yard.  No building shall be located closer than twenty-five (25) feet to a side lot line.

3.            Rear yard.  No rear yard is required except when a rear lot line abuts other than an industrial district, then a rear yard of twenty-five (25) feet shall be provided.

4.            Coverage.  Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.

5.            All yard areas required under this Section and other yard and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

D.            Height Regulations.  No building or structure shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as hereinafter provided in Section 400.200 of these regulations.  (Ord. No. 392 Art. II §7, 11-5-81; Ord. No. 698 §4, 4-3-03)

SECTION 400.150:             “I-2″ GENERAL INDUSTRIAL DISTRICT

A.            General Description.  Intended primarily for major manufacturing and basic industrial activities.  Many of these industries characteristically store bulk quantities of raw or scrap material for processing or manufacturing to semi-finished products.  The district is generally related to rail transportation or carriers of heavy building products.  Commercial uses in this district are generally those which serve the convenience of the industrial establishment or their employees.  Residential uses are not compatible with this environment and are not included in order that the district may be preserved for its intended heavy industrial purpose.

B.            Uses Permitted.

1.            Property and buildings in an “I-2″ General Industrial District shall be used only for the following purposes:

a.            Any use permitted in the “I-1″ Light Industrial District.

b.            Any of the following uses:

1)            Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.

2)            Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors.

3)            Freighting or trucking yard or terminal.

4)            Grain elevator, flour mills and grain processing equipment storage yard.

5)            Public utility service yard or electrical receiving or transforming station.

6)            Sale barn.

c.             Where the property line of a business in an “I-2″ district abuts an “R” Residential or a “C” Commercial district, no article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it be so screened by fences, walls or planting that it cannot be seen from adjoining “R” or “C” district public streets or adjacent lots when viewed by a person standing on ground level in those districts.

d.            The following uses when conducted within a completely enclosed building:

1)            The manufacture, compounding processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, performed toilet soap, toiletries, and food products.

2)            The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials:  bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process.

3)            The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

4)            The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

5)            Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

6)            Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing, and overhauling, tire retreading or recapping, and battery manufacturing.

7)            Blacksmith shop and machine shop.

8)            Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

9)            Assembly of electrical appliances electronics instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders, and the like.

e.            Buildings, structures and uses accessory and customarily incidental to any of the above uses.

2.            The uses permitted under this Section shall be conducted in such a manner that no noxious odor, fumes, dust or public nuisance will be emitted beyond the property line of the lot on which the use is located.

C.            Uses Permitted on Review.  The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1.            Acid Manufacture.

2.            Automobile salvage or junk yard.

3.            Building materials salvage yard.

4.            Cement, lime, gypsum or plaster of paris manufacture.

5.            Explosives, manufacture or wholesale storage.

6.            Gas manufacture.

7.            Junk or salvage yard of any kind.

8.            Petroleum or its products, refining of.

9.            Scrap metal storage yard.

10.          Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

11.          Any use not otherwise permitted in this Chapter.

D.            Area Regulations.

1.            There are no specific front or side yard requirements for uses in this district.

2.            Rear yard.  Where a building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (30) feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater.  In all other cases no rear yard is required.

3.            Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

4.            Coverage.  Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.

5.            All yard areas required under this Section and other yard and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

E.            Height Regulations.  No building shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as hereinafter provided in Section 400.200. (Ord. No. 392 Art. II §8, 11-5-81; Ord. No. 698 §5, 4-3-03)

SECTION 400.160:             “A”–AGRICULTURAL DISTRICT

A.            General Description.  This agricultural district is intended primarily for use in areas of the City on the outer edge of urbanized development.  Subdivision of land to higher residential densities is usually premature in this district due to lack of adequate utility services, roadways or other transportation systems.

B.            Uses Permitted.  Property and buildings in an “A” Agricultural District shall be used only for the following purposes:

1.            The growing of agricultural crops, nursery stock, and gardening.

2.            The keeping of agricultural livestock in accordance with the ordinances of the City of Buckner relating thereto but not commercial feed lots or poultry processing.

3.            Public schools, parks or playground.

4.            Detached one-family dwelling.

5.            Home occupations.

6.            Accessory buildings which are not a part of the main building.

C.            Area Regulations.

1.            Front yard.  All buildings shall be set back from street right of way lines to provide a front yard the minimum depth of which shall not be less than fifty (50) feet.

2.            Side yard.  All buildings shall be set back from lot lines to provide a side yard of not less than twenty-five (25) feet.

3.            Rear yard.  There shall be a rear yard for a main building of not less than twenty-five (25) feet.  Unattached buildings of accessory use may be located in the rear yard of a main building.

4.            Lot width.  For dwellings there shall be a minimum lot width of three hundred thirty (330) feet at the front building line.

5.            Intensity of use.  For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than three (3) acres.

D.            Height Regulations.  There is no height requirement in this district.  (Ord. No. 392 Art. II §9, 11-5-81)

SECTION 400.170:             “SS” — SPECIAL SERVICES DISTRICT

A.            General Description.  Intended primarily for personal services.  Many services are private in nature.  However this district is intended for all types and/or methods of personal services whether direct or indirect.  The personal services allowed in this “SS” District shall not be allowed in any other district.

B.            Uses Permitted.  Property and buildings in an “SS” District shall be used only for the following purposes:

1.            Any use permitted in the adjoining district:  specifically “C-3″ Highway Commercial.

2.            Dating services, escort services, massage parlors, health clubs.

3.            Any service or club or similar operation offering any service of private or personal nature.

C.            Area Regulations.  The following requirements shall apply to all uses permitted in this district:

1.            Front yard.  All buildings shall be set back from the street right of way line to provide a front yard of not less than twenty-five (25) feet in depth.

2.            Rear yard.  Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width.  In all other cases no rear yard is required.

3.            Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

D.            Height Regulations.  No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as hereinafter provided in Section 400.200.  (Ord. No. 392 Art. II §13, 11-5-81)

ARTICLE III.  ADDITIONAL DISTRICT PROVISIONS

SECTION 400.180:             CONDITIONS OF A MORE RESTRICTED DISTRICT

Whenever the specific district regulations pertaining to one (1) district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified.  (Ord. No. 392 Art. III §1, 11-5-81)

SECTION 400.190:             OPEN SPACE

No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for any other building or structure.

1.            Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed one (1) foot.  Open porches may project into a front or rear yard a distance not to exceed five (5) feet.

2.            Where the dedicated street right of way is less than sixty (60) feet, the depth of the front yard shall be measured starting at a point thirty (30) feet from the centerline of the street easement.

3.            No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet and have a width of at least fifty (50) feet at the building line.  A street shall form the direct and primary means of ingress and egress for all dwelling units.  Alleys, where they exist, shall form only a secondary means of ingress and egress.  A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

4.            No minimum lot sizes and open spaces are prescribed for commercial and industrial uses.  It is the intent of this Chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

5.            On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth having a height in excess of three (3) feet above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of thirty (30) feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection.  (Ord. No. 392 Art. III §2, 11-5-81)

SECTION 400.200:             HEIGHT

The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in Article II.

1.            In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment shall be counted as a half (½) story.

2.            Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

3.            Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one (1) foot for each two (2) feet by which the height of such public or semi-public structure exceeds the prescribed height limit.  (Ord. No. 392 Art. III §3, 11-5-81)

SECTION 400.210:             GROUP HOUSING PROJECTS

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this Chapter to the individual buildings in such housing project then the application of such requirements to such housing project shall be done by the Board of Aldermen in a manner that will be in harmony with the character of the neighborhood, will insure a density of land use no higher and a standard of open space at least as high as required by this Chapter in the district in which the proposed project is to be located.  In no case shall a use or building height or density of population be permitted which does not conform to the requirements of the district in which the housing project is located.  (Ord. No. 392 Art. III §5, 11-5-81)

SECTION 400.220:             ANIMALS

Animals in any district shall be kept only in accordance with the ordinances of the City of Buckner.  (Ord. No. 392 Art. III §4, 11-5-81)

SECTION 400.230:             STORAGE OF LIQUIFIED PETROLEUM GASES

The use of land or buildings for the commercial wholesale or retail storage of liquified petroleum gases shall be in accordance with the ordinances of the City of Buckner.  (Ord. No. 392 Art. III §6, 11-5-81)

SECTION 400.240:             MOBILE HOME PARK REGULATIONS

Mobile Home Parks shall be constructed in accordance with the requirements for the planning and improvements as set forth in Chapter 3, FHA G 4200.7, Mobile Home Court Development Guide, January, 1970, or subsequent amendments thereto, United States Department of Housing and Urban Development and with the ordinances of the City of Buckner.  (Ord. No. 392 Art. III §7, 11-5-81)

SECTION 400.250:             MOBILE HOMES, TRAILER HOMES AND TRAVEL TRAILERS — PROHIBITED — WHEN

No individual, person, or corporation or other entity shall permanently install or place in any zoning district in the City of Buckner a mobile home, trailer home, or travel trailer to be used as a residence.  An R.V. may be placed on a temporary basis not to exceed thirty (30) days.  (Ord. No. 392 Art. III §8, 11-5-81)

SECTION 400.260:             SWIMMING POOL REGULATIONS

All private permanent (an object that is placed in an area intending not to be moved for twelve months or more without disassembling said object) and temporary (an object that is placed in an area for less than twelve (12) months and then disassembled and removed) swimming pools constructed in any district shall conform to the following provisions:

1.    All gates shall be equipped with a secure locking device and locked when not in

use.

2.    There shall be a fence around all swimming pools having a height of not less than

forty-eight (48) inches and of chain link or vertical board construction.

3.    No portion of a swimming pool outside a building shall be located at a

distance less than eight (8) feet from any side or rear property or building

line Pumps, filters, and pool water disinfecting equipment shall be located at a

distance not less than eight (8) feet from and side property line.

4.    There shall be a permit required (the fee as set forth in the IBC codes as

adopted by the City of Buckner, Missouri in Chapter 400 as it may be

amended from time to time) for construction, installation, enlargement or alteration

of a permanent swimming pool.

5.    Definition:  The term “swimming pool” is hereby defined as a receptacle for water, or

an artificial pool of water having a depth at any point of more than two (2) feet,

intended for the purpose of immersion or partial immersion therein of human beings,

and including all appurtenant equipment.  (Public swimming pools are excepted).

(Ord. No. 392 Art III § 9, 11-5-81)

ARTICLE IV.  OFF-STREET AUTOMOBILE AND VEHICLE PARKING AND LOADING

SECTION 400.270:             GENERAL INTENT AND APPLICATION

It is the intent of these requirements that adequate parking and loading facilities be provided off the street for each use of land within the City.  Requirements are intended to be based on the demand created by each use.  These requirements shall apply to all uses in all districts.  (Ord. No. 392 Art. IV §1, 11-5-81)

SECTION 400.280:             REQUIRED OPEN SPACE

A.            Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.

B.            The area required for off-street parking shall be in addition to the yard areas herein required except that the front yard required in a “C-1″ Local Commercial District may be used for uncovered parking spaces and the front yard of a residential district may be used for the uncovered parking spaces for six (6) or less vehicles associated with a residential use when the area is surfaced with a pavement adequate to prevent the occurrence of mud and dust with continued use, or may be used for uncovered parking area for more than six (6) vehicles in accordance with the provisions of Section 400.330.  (Ord. No. 392 Art. IV §2, 11-5-81)

SECTION 400.290:             LOCATION

The off-street parking lot shall be located within two hundred (200) feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.  (Ord. No. 392 Art. IV §3, 11-5-81)

SECTION 400.300:             OWNERSHIP

The ownership of land upon which the off-street parking is provided shall be the same as the ownership of land on which the principal use is located.  (Ord. No. 392 Art. IV §4, 11-5-81)

SECTION 400.310:             SIZE OF OFF-STREET PARKING SPACE

The size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than nine (9) feet by twenty (20) feet plus adequate area for ingress and egress.  (Ord. No. 392 Art. IV §5, 11-5-81)

SECTION 400.320:             AMOUNT OF OFF-STREET PARKING AND LOADING REQUIRED

A.            Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:

1.            Dwellings.  Two (2) parking spaces for each separate dwelling unit within the structure.

2.            Boarding or rooming house or hotel.  One (1) parking space for each two (2) persons provided overnight accommodations.

3.            Hospitals.  One (1) space for each four (4) patient beds, exclusive of bassinets, plus one (1) space for each staff or visiting doctor, plus one (1) space for each three (3) employees including nurses, plus adequate area for the parking of emergency vehicles.

4.            Medical or dental clinics or offices.  Four (4) spaces per doctor plus one (1) for each two (2) employees.

5.            Sanatoriums, convalescent or nursing homes.  One (1) space for each six (6) patient beds plus one (1) space for each staff or visiting doctor plus one (1) space for each four (4) employees including nurses.

6.            Community center, theater, auditorium, church sanctuary.   One (1) parking space for each five (5) seats, based on maximum seating capacity.

7.            Convention hall, lodge, club, library, museum, place of amusement or recreation.  One (1) parking space for each fifty (50) square feet of floor area used for assembly or recreation in the building.

8.            Office building.  One (1) parking space for each three hundred (300) square feet of gross floor area in the building, exclusive of the area used for storage, utilities, and building service area.

9.            Commercial establishments not otherwise classified.  One (1) parking space for each two hundred (200) square feet of floor space in the building used for retail trade or used by the public, whichever is the greater.

10.          Industrial establishments.  Adequate area to park all employees and customers vehicles at all times and adequate space for loading and unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment.

B.            For all uses not covered in Subsection A(1-10) above, the Buckner Planning Commission shall make a determination of the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirements for the permitted use.  (Ord. No. 392 Art. IV §6, 11-5-81; Ord. No. 742 §1, 5-4-06)

SECTION 400.330:             OFF-STREET PARKING LOTS IN OR ADJACENT TO RESIDENTIAL DISTRICTS

Whenever off-street parking lots for more than six (6) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:

1.            All sides of the lot abutting the residential district shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having the heights of not less than five (5) nor more than six (6) feet.  Such fence, wall or hedge shall be maintained in good condition.

2.            No parking shall be permitted within a front yard setback line established ten (10) feet back of the property line of interior and corner lots wherever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit.  In all other cases no setback shall be required; however, that on any corner lot formed by two (2) intersecting streets no parking shall be permitted, and no wall, fence, sign, structure or plant growth having a height in excess of three (3) feet above the elevation of the crown of the adjacent roadway surface shall be maintained in a triangle formed by measuring a distance of thirty (30) feet along said front and side lot lines, from their point of intersection, and connecting the points to established to form a triangle on the area of the lot adjacent to the street intersection.

3.            All yards shall be landscaped with grass, shrubs and evergreen ground cover and maintained in good condition the year round.

4.            Driveways used for ingress and egress shall be confined to and shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

5.            All of the lot used for parking and driveway purposes shall be paved and maintained in such a manner that no dust will be produced by continued use.

6.            The intensity of light and arrangement of reflectors shall be such as not to interfere with residential district use.

7.            No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot.  Only non-intermittent incandescent lighting of signs shall be permitted.  (Ord. No. 392 Art. IV §7, 11-5-81)

ARTICLE V.  NON-CONFORMING BUILDINGS, STRUCTURES AND USES OF LAND

SECTION 400.340:             NON-CONFORMING BUILDINGS AND STRUCTURES

A.            A non-conforming building or structure existing on or before November 5, 1981, may be continued and maintained except as otherwise provided in this Section.

B.            Alteration or Enlargement of Buildings and Structures.  A non-conforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but non-conforming as to yards or height or off-street parking space, said building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which said building or structure is located.  No non-conforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.

C.            Restoration of Damaged Building.  A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to the extent of not more than seventy-five percent (75%) of its value, exclusive of foundations, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.  In the event such damage or destruction exceeds seventy-five percent (75%) of the value, exclusive of foundation or such non-conforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located; provided however, that any building or structure that is non-conforming due to off-street parking requirements, and is conforming in every other respect, may be restored regardless of the extent of damage; and provided however, that any single-family residence that is non-conforming due to its location in a commercially zoned area, and is conforming in every other respect, may be restored regardless of the extent of damage.

D.            Outdoor Advertising Signs and Structures.  Any advertising sign, billboard, commercial advertising structure, or statuary, which is lawfully existing and maintained at the time this ordinance became effective, which does not conform with the provisions hereof shall not be structurally altered and all such non-conforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members shall be completely removed from the premises not later than three (3) years after November 5, 1981.

E.            Building Vacancy.  A non-conforming building, structure, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one (1) year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

F.            Change in Use.

1.            A non-conforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.  If such a non-conforming use of a portion thereof is discontinued or changed to a conforming use, any further use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.  A vacant or partially vacant non-conforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one (1) year after November 5, 1981.

2.            The use of a non-conforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a non-conforming building or structure is changed to a use of a more restricted district classification it thereafter shall not be changed to a use of a less restricted district classification.  (Ord. No. 392 Art. V §1, 11-5-81; Ord. No. 601 §1, 8-5-99)

SECTION 400.350:             NON-CONFORMING USES OF LAND

A.            A non-conforming use of land, where the aggregate value of all permanent buildings or structures is less than one thousand dollars ($1,000.00), existing on or before November 5, 1981, may be continued for a period of not more than three (3) years therefrom, provided:

1.            Said non-conforming use may not be extended or expanded.

2.            If said non-conforming use or any portion thereof is discontinued for a period of one (1) month, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.

B.            A non-conforming use of land, where the use consists of a mobile home, existing on or before November 5, 1981, not located in a mobile home park, may be continued for a period of not more than five (5) years therefrom, provided:

1.            Said non-conforming use may not be extended or expanded.

2.            If said non-conforming use or any portion thereof is discontinued or removed for a period of one (1) month, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.  (Ord. No. 392 Art. V §2, 11-5-81)

SECTION 400.355:             SPECIAL USE PERMITS

Editor’s Note–Ord. No. 660 §1, adopted May 2, 2002, repealed Section 400.355 “Special Use Permits” leaving the Section reserved.  Former Section 400.355 derived from Ord. No. 617 §1, 5-11-00.

ARTICLE VI.  BOARD OF ADJUSTMENT

SECTION 400.360:             BOARD OF ADJUSTMENT CREATED

There is hereby created within and for the City of Buckner a Board of Adjustment, which shall hereafter be known as the Board of Adjustment or as the Board of Zoning Adjustment, with the following powers and duties as hereinafter set forth. (Ord. No. 392 Art. VI §1, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.370:             MEMBERSHIP

A.            The Board of Adjustment shall be composed of five (5) members, residents, citizens of the City of Buckner each appointed by the Mayor with the approval of the Board of Aldermen for a term of five (5) years; provided however, that for the first (1st) appointment under the provisions of this Article, one (1) member shall be appointed for a term of one (1) year; one (1) member shall be appointed for a term of two (2) years; one (1) member shall be appointed for a term of three (3) years; one (1) member shall be appointed for a term of four (4) years; and one (1) member shall be appointed for a term of five (5) years. Appointments thereafter shall be for a term of five (5) years.

B.            Members of the Board of Aldermen, City Planning Commission, the Public Works Superintendent, City Attorney or municipal employees shall not be appointed to the Board of Adjustment.

C.            Board of Adjustment members, once appointed, can thereafter be removed only for cause, upon written charges and after a public hearing.  Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.

D.            The Board shall elect a Chairman and an Acting Chairman from its membership who shall serve for a term office of one (1) year.  (Ord. No. 392 Art. VI §2, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.380:             PROCEDURE

The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of this Chapter and the State Statutes governing their operation.  Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine.  Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.  All meetings of the Board of Adjustment shall be open to the public.  The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record.  All testimony, objections thereto and rulings thereon shall be recorded and a transcript of the proceedings shall be prepared.  (Ord. No. 392 Art. VI §3, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.390:             POWERS

The Board of Adjustment shall have the following powers:

1.            Powers relative to interpretations.  To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by any administrative official in the interpretation and enforcement of this Chapter.

2.            Powers relative to special exceptions.  To hear and decide, upon appeal, applications for a special exception to the terms of this Chapter under the following circumstances and conditions.

a.            To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

b.            To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices and made a part of this Chapter by reference.

3.            Powers relative to non-use variances.  A variance that does not have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Adjustment where,

a.            By reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of this Chapter, November 5, 1981, or

b.            By reason of exceptional topographical conditions or other extraordinary or exceptional situations or conditions of a specific piece of property which condition is not generally prevalent in the area, the strict application of this Chapter would result in peculiar exceptional practical difficulties to or exceptional undue hardship upon the owner of such property,

c.             The Board of Adjustment is hereby empowered to authorize upon an appeal in specific cases a variance from the terms of the zoning ordinances of the City in accordance with the criteria, conditions and other provisions of this Chapter, as will not be contrary to the public interest, so that the spirit of the ordinance will be observed and substantial justice will be done.

d.            The Board of Adjustment may establish such requirements relative to such property as would carry out the purpose and intent of this Chapter.

4.            Powers relative to use variances.  A variance that would have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Adjustment upon an affirmative finding that all of the following conditions have been met.

a.            Purpose.  Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in the particular zoning district, however, when such use is found to be in the interest of the public health, safety, morals and general welfare of the community, may be permitted, except as otherwise specified, in any zoning district from which they are prohibited.

b.            The Board of Adjustment may, within the specifications herein provided, permit such buildings, structures or uses where requested, provided that the public safety, morals and general welfare will not be adversely affected, and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values.  In this regard, the Board of Adjustment may impose reasonable conditions on the approval of a use variance.

c.             Any use not specifically otherwise addressed in this Code shall be subject to the requirements of this Section so that a use variance is required before such use begins.

d.            Unless otherwise specified in the particular variance, a use variance shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met; however, if that particular use ceases to exist for a period of six (6) months, it will forfeit its use variance and will not be allowed to exist again unless a new application is made and a new use variance approved.

5.            In exercising the above-mentioned powers, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter, and the following:

a.            Criteria.

(1)          The danger to life and property due to the approval of the development;

(2)          The importance of the services provided by the proposed facility to the community;

(3)          The necessity to the facility on the particular location, where applicable;

(4)          The availability of alternative locations for the proposed use;

(5)          The compatibility of the proposed use with existing and anticipated development;

(6)          The relationship of the proposed use to the Comprehensive Plan;

(7)          The safety of access to the property for ordinary and emergency vehicles;

(8)          Hardship to the applicant if the application is denied; and

(9)          The costs of providing governmental services, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

b.            Conditions.

(1)          Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures.  As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

(2)          Variances may be issued for the reconstruction, 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.

(3)          Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief.

(4)          Variances shall only be issued upon:

(a)          A showing of good and sufficient cause,

(b)          A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

(c)           A determination that the granting of a variance will not result in increased or 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.

(5)          Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the buildings unique circumstances. Variances granted shall meet the above conditions as well as those criteria set forth in Section 400.390(5)(a) of this Section.

c.             The Board of Adjustment may, in conformance with the provisions of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.  In considering all appeals from rulings made under this Chapter, the Board of Adjustment shall in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of the City of Buckner. It is further provided that in exercising its powers to grant special exceptions and variances, the Board of Adjustment may impose any reasonable condition which shall be necessary to protect surrounding property values and to promote the health, safety, morals and general welfare.

d.            The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative office or to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass or to effect any variation in this Chapter.

e.            Any ruling made upon any appeal to the Board of Adjustment shall be accompanied by a written finding of fact based on the testimony received at the hearing afforded by the Board of Adjustment and shall specify the reason for granting or denying the appeal.  (Ord. No. 392 Art. VI §4, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.400:             APPEALS — PROCEDURE

A.            Appeals to the Board of Adjustment may be taken by any person aggrieved or any officer, department, board or bureau of the City of Buckner affected by any decision of an administrative official in the interpretation and enforcement of this Chapter.  Depending on the type of variance requested, it may be appropriate for a tenant or other land user to make the request; however, the land owner must provide evidence of support for the variance request.

B.            Appeals to the Board of Adjustment shall be taken within thirty (30) days from the date of the decision by filing with the City Clerk an application of appeal specifying the grounds thereof and by paying a non-refundable filing fee of fifty dollars ($50.00) at the office of the City Clerk at the time the notice is filed.  No application shall be processed until the application is complete and the required fee has been paid.

C.            The administrative official shall forthwith transmit to the Board of Adjustment certified copies of all the papers constituting the record of said matter together with a copy of the ruling or order from which the appeal is taken.

D.            An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property.  In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

E.            The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.  Upon the hearing any party may appear in person or by agent or by attorney.  At least fifteen (15) days’ notice of the time and place of scheduled public hearings before the Board of Adjustment shall be published in a legal newspaper of general circulation within the City.

F.            The Board of Zoning Adjustment shall use the script in Schedule 1 to this Chapter in all public hearings concerning appeals for non-use and use variances.

G.           The Board of Adjustment shall not rehear an appeal once decided unless it is shown by the appellant that all pertinent facts of the case were not brought before the Board of Adjustment at the public hearing, and that for some reason he was prevented from presenting such facts, or that the facts of the case have materially changed since the public hearing.  (Ord. No. 392 Art. VI §5, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.410:             APPEAL TO CIRCUIT COURT

Any person or persons, jointly or separately aggrieved by any decision of the Board of Adjustment or any officer, department, board or bureau of the City of Buckner may present to the Circuit Court of Jackson County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality.  Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment.  Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor’s attorney, but shall not be less than ten (10) days and may be extended by the court.  The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.  The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ.  The return shall concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.  If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his finding of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made.  The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.  Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.  (Ord. No. 392 Art. VI §6, 11-5-81; Ord. No. 658 §1, 4-4-02)

ARTICLE VII.  ADMINISTRATION

SECTION 400.420:             BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY REQUIRED

This Chapter shall be enforced by a Building Inspector appointed by the City of Buckner.  It shall be a violation of this Chapter for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained under the following conditions:

1.            Building permits.  Whenever any structure or building is to be improved in an amount exceeding five hundred dollars ($500.00), or erected, moved, or structurally altered a Building Permit shall be obtained from the City Clerk upon approval of the Building Inspector.  The City Clerk shall require every applicant for a Building Permit to furnish the following information:

a.            A plot plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.

b.            A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing and proposed building is designed to accommodate.

c.             Additional information relating to the proposed improvement needed to determine compliance with these regulations.

d.            A survey prepared by a land surveyor or engineer registered in the State of Missouri of the boundaries and elevation of the lot on which the improvement is proposed to be located.

2.            Certificate of occupancy.  No change shall be made in the use of any land or building or structure after November 5, 1981, until a Certificate of Occupancy is obtained from the Building Inspector certifying that all of the provisions of this Chapter are complied with.  Whenever a Building Permit is issued for the erection of a new building or structure an Occupancy Permit shall not be required, except where the use of the building or structure is changed from that for which the Permit is issued or where the intended use is not clearly stated on the Building Permit.   (Ord. No. 392 Art. VII §1, 11-5-81)

SECTION 400.430:             PROCEDURE FOR AUTHORIZING USES PERMITTED ON REVIEW

The uses listed under the various Districts herein as “Uses Permitted on Review” are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein.  The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district.  These uses shall be reviewed and authorized or rejected under the following procedure:

1.            An application shall be filed with the City Planning Commission for review.  Said application shall show the location and intended use of the site, the names of all the property owners and existing land uses within one hundred eighty-five (185) feet, and any other material pertinent to the request which the City Planning Commission may require.

2.            The City Planning Commission shall hold one (1) or more public hearings thereon.

3.            The City Planning Commission shall within forty-five (45) days of the date of the application, transmit to the Board of Aldermen its report as to the effect of such proposed building or use upon character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and the recommendation of the City Planning Commission concerning use thereon.  Thereupon the Board of Aldermen may authorize or deny the issuance of a Building Permit for the use of land or building as requested.  (Ord. No. 392 Art. VII §2, 11-5-81)

SECTION 400.440:             VIOLATIONS AND PENALTIES

A violation of this Chapter shall be deemed a misdemeanor and shall be punishable by fine.  Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this Chapter shall be fined not less than ten dollars ($10.00) nor 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.  (Ord. No. 392 Art. VII §3, 11-5-81)

SECTION 400.450:             AMENDMENTS

A.            The Board of Aldermen may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the City Planning Commission, amend the regulations and districts herein established.  No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.  At least fifteen (15) days notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the City of Buckner.

B.            Passage by the Board of Aldermen.  Every such proposed amendment shall be referred by the City Planning Commission for report.  If a protest against such amendment be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the territory included in such proposed change, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.

C.            For each petition for amendment to the Zoning Ordinance a fee of ten dollars ($10.00) plus the cost of legal publication shall be paid to the City Clerk.  (Ord. No. 392 Art. VII §4, 11-5-81)

SECTION 400.460:             CLASSIFICATION OF NEW ADDITIONS

A.            All new additions and annexations of land to the City of Buckner shall be in an “A” Agricultural Zone unless otherwise classified by the Board of Aldermen, for a period of time not to exceed one (1) year after annexing said addition.

B.            Within this one (1) year period of time the Board of Aldermen shall instruct the City Planning Commission to study and make recommendations concerning the use of land within said annexation to promote the general welfare and in accordance with the comprehensive City plan, and upon receipt of such recommendations the Board of Aldermen shall, after public hearings as required by law, establish the district classification of said annexation; provided, however, that this shall not be construed as preventing the Board of Aldermen from holding public hearings prior to annexation and establishing the district classification at the time of said annexation.  (Ord. No. 392 Art. VII §5, 11-5-81)

SECTION 400.470:             RESPONSES

This Section sets out the process for review and approval of a response regarding the provisions of this Zoning Code.

1.            Inquiries.  When a citizen inquires as to what the Zoning Code is, City staff shall provide copies, if requested, for a fee as per Section 110.240.  If the citizen would like a response as to the meaning of the Zoning Code in relation to their property or activity, whether proposed or actual, and prior to entering the application process for activity regulated by the City, an administrative official of the City may provide such a response.

2.            Review and action.  Upon inquiry from a citizen, all administrative officials of the City, which includes the Mayor and all appointed officials, may interpret this Zoning Code in relation to their specific duties or as to the general intent of the Zoning Code.  Upon such request an administrative official of City shall take the following actions:

a.            Review and evaluate the request in light of the text of this Zoning Code, the Official Zoning Maps, the Comprehensive Plan and any other relevant documents;

b.            Consult with other staff; and

c.             Render a non-binding, verbal or written response regarding prior experience of the City on the issue.

3.            Form.  The response shall be provided to the applicant verbally unless a written response is to be understood or upon request for a response in writing, in which case the written responses shall be filed in the official record of responses.

4.            Official record of responses.  The City Clerk shall maintain an official record of written responses. The record of responses shall be available for public inspection in the office of the City Clerk during normal business hours.  (Ord. No. 662 §1, 6-6-02)

SCHEDULE 1.  SCRIPT FOR BOARD OF ADJUSTMENT

1.            To protect the rights of all parties involved and in order to create an opportunity for everyone to speak their opinions in an orderly fashion, the Buckner Board of Zoning Adjustment follows a specific fact finding procedure, which is posted for your convenience.  Your attention to this procedure is appreciated.

2.            We would like to formally open the hearing regarding case number (insert case number or property description and relevant information from the agenda).  Have any Board of Zoning Adjustment members had any outside contacts regarding this case?  If so, please indicate who you have spoken with and explain the nature of the conversation.

3.            Do any Board of Zoning Adjustment members have a conflict of interest in this case?

4.            Is the applicant or his/her agent in attendance?  Please step forward and state your name.  You have ten (10) minutes to present your case.  Board of Zoning Adjustment members may request clarification at the end of your presentation.

5.            Is there anyone in the audience who would like to comment on this case?  You may have five (5) minutes to comment.  Please clearly state your name and address before commenting.

6.            If there are no further comments, we will now hear the staff report.

7.            Does the applicant wish to rebut any statements made in the staff report or in the public comments?

8.            Does any member of the public wish to rebut any statements made in the staff report or by the applicant?

9.            Does the Board of Zoning Adjustment have any further questions of the applicant or staff?

10.          The public comment section of this case is now closed.  Acceptance of a non-use or a use variance must be based on the following factors: Section 400.390, paragraphs (3), (4), and (5) of the Buckner Municipal Code.

11.          The Chair will entertain a motion on this case.

12.          A motion to (repeat motion) with the following conditions (repeat conditions) based on (repeat factors) has been made and seconded.  Is there any discussion?

13.          Staff, please call the roll.  Motion (carries or fails).

SAMPLE MOTION

I move that we (accept/deny) the special use permit to allow this use subject to the following conditions:  Thirty-five (35) parking spaces must be provided, and twelve (12) trees must be planted along the east boundary.  This motion is made based on the following findings: conformance with the comprehensive plan, character of the neighborhood, zoning and uses of surrounding land, suitability or utilities for this use, and staff recommendation.  (Ord. No. 658 §1, 4-4-02)

CHAPTER 402: CITY PLANNING COMMISSION

SECTION 402.010:             DEFINITIONS

For the purpose of this Chapter the following terms mean or include:

BOARD OF ALDERMEN:  The Chief Legislative Body of the City of Buckner.

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 resubdivision and, when appropriate to the context, relates the process of subdividing or to the land or territory subdivided.  (Ord. No. 230 §1, 2-19-69)

SECTION 402.020:             BOARD TO APPOINT COMMISSION

The Board of Aldermen of the City of Buckner shall adopt, amend and carry out a City Plan, and appoint a Planning Commission with the powers and duties herein set forth.  (Ord. No. 230 §2, 2-19-69)

SECTION 402.030:             MEMBERSHIP

The Planning Commission of the City of Buckner shall consist of ten (10) members, including the Mayor, a member of the Board of Aldermen selected by the Board of Aldermen annually at its first (1st) organizational meeting, the City Engineer or similar City Official, and seven (7) citizens appointed by the Mayor and approved by the Board of Aldermen.  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 will be staggered.  Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid.  Any member of the Planning and Zoning Commission may be removed by the Mayor with the consent of the Board of Aldermen for misconduct or neglect of duty.  No person shall be appointed to the Planning and Zoning Commission who is in arrears for any unpaid City taxes or in arrears any monthly City Utility bill.  If an appointee misses four (4) meetings in a one (1) year period starting with the first time absent it may be considered negligence of duty and the appointee may be removed by the Board of Aldermen.  The Board of Aldermen may remove any citizen member for cause stated in writing, and after public hearing.  (Ord. No. 230 §3, 2-19-69)

SECTION 402.040:             CHAIRMAN AND SECRETARY

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 the services that it requires.  The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose of the Board of Aldermen.  (Ord. No. 230 §4, 2-29-69; Ord. No. 652 §1, 11-1-01)

SECTION 402.045:             APPOINTMENT OF AGENTS

The Commission makes the following appointments:

1.            The Public Works Superintendent shall verify that site development plans and building permit applications meet the zoning requirements of the City.  (Ord. No. 652 §2, 11-1-01)

SECTION 402.050:             CITY PLAN–ADOPTION–PREPARATION–HEARINGS

A.            The Commission shall make and adopt a City Plan for the physical development of the City of Buckner.  The City Plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Commission’s recommendations for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas.  The Commission shall also prepare a 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.

B.            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.

C.            The Commission may adopt the Plan as a whole by a single resolution, or, as the work of making the whole City Plan progress, 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 of Buckner.  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 number, and a copy of the Plan or part thereof shall be certified to the Board of Aldermen and the  Municipal Clerk, and a copy shall be recorded in the office of the Jackson County Recorder of Deeds.  (Ord. No. 230 §§5-7, 2-19-69)

SECTION 402.060:             INFORMATION TO BE FURNISHED COMMISSION

All public officials shall, upon request, furnish to the Commission within a reasonable time, all available information it requires for its work.  The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys.  In general, the Commission shall have the power necessary to enable it to perform its functions and promote municipal planning.  (Ord. No. 230 §8, 2-19-69)

SECTION 402.070:  COMMISSION APPROVAL AND/OR DISAPPROVAL — RESULTS

Whenever the Commission adopts the Plan of the City of Buckner 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 Board of Aldermen, and the Board of Aldermen, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and, upon the overruling, the Board of Aldermen or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the Planning Commission shall be the board having jurisdiction, and the Planning Commission’s disapproval may be overruled by that board by a vote of not less than two-thirds (2/3) of its entire membership.  The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled.  The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.  (Ord. No. 230 §9, 2-19-69)

SECTION 402.080:             PERFORM FUNCTIONS PROVIDED IN STATUTES

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.  (Ord. No. 230 §10, 2-19-69)

SECTION 402.090:             PROCEDURE OF COMMISSION TO APPROVE PLAT

A.            After the Planning Commission of the City of Buckner 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 Jackson 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 as report and recommendation thereon made by the Commission to the Board of Aldermen, and the Board of Aldermen has approved the plat as provided by law.

B.            Before the adoption of any subdivision regulations, or any amendment thereof by the Board of Aldermen, a duly advertised public hearing thereof may be held by the Board of Aldermen.

C.            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 the approval, may extend the sixty-day period.  The ground of disapproval of any plat by the Commission shall be made a matter of record.

D.            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.

E.            Unless a plat which has been approved by the Board of Aldermen as outlined in Subsection (A) above has been recorded in the Recorder of Deeds Office for Jackson County, Missouri, within ninety (90) days of the approval rendered by the Board of Aldermen, such plat approval of the Board shall be deemed to be automatically terminated and of no effect.  Upon termination of such unrecorded plat, anyone presenting such plat will then be required to begin the process of plat approval over again with the Planning Commission of the City of Buckner.  (Ord. No. 230 §§11-14, 2-19-69; Ord. No. 569, 1-8-98)

SECTION 402.100:             TRANSFER OR SALE OF PROPERTY WITHOUT APPROVAL — UNLAWFUL, WHEN

No owner or agent of the owner of any land located within the planning jurisdiction of the City of Buckner, 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 or any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning Commission, and recorded in the office of the Jackson 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; and the description by metes and bounds in the instrument or 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 Board of Aldermen.  The City of Buckner may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.  (Ord. No. 230 §15, 2-19-69)

SECTION 402.110:             MAJOR STREET PLAN

A.            Upon adoption of a major street plan and subdivision regulations, the City of Buckner, Missouri, 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 Board of Aldermen or the Planning Commission, or on a street plan made by and adopted by the Commission.  The Board of Aldermen may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval, and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board of Aldermen.

B.            After the adoption of a Major Street Plan, no building 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.

C.            Whenever a plan for major streets has been adopted, the Board of Aldermen upon recommendation of the Planning Commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines.  When a plan for proposed major streets or other public improvements has been adopted, the Board of Aldermen may prohibit any new building being located within the proposed site or right of way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the Planning Commission and adopted by the Board of Aldermen. (Ord. No. 230 §§16-18, 2-19-69)

SECTION 402.120:             VIOLATION AND PENALTY

Any person violating the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by confinement in the County Jail for not more than one (1) year, or by both such fine and confinement.  (Ord. No. 230 §19, 2-19-69)

CHAPTER 405: PUBLIC AND PRIVATE INFRASTRUCTURE REGULATIONS

Editor’s Note–Ord. No. 734 §3, adopted July 7, 2005, repealed ch. 405 “subdivision regulations” and enacted new provisions set out herein.  Former ch. 405 derived from CC 1979 §§49.010–49.050; ord. no. 396 §49.060, 4-1-82; ord. no. 584 §§1–2, 10-1-98; ord. no. 619 §1, 6-8-00; ord. no. 625 §1, 8-3-00; ord. no. 629 §1, 9-7-00; ord. no. 639 §1, sch. 1, 2, 6-7-01; ord. no. 641 §1, 7-5-01.

ARTICLE I.  IN GENERAL

SECTION 405.010:             BASE ESTABLISHED FOR ALL GRADES OF CITY

City projects shall be referenced to the Missouri State Plane Coordinate System of 1983, West Zone and the North American Vertical Datum of 1988.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.020:             OBSTRUCTION OF VIEW ON CORNER LOTS PROHIBITED — PENALTY

It shall be unlawful to construct or maintain or permit to remain any fence or other structure or any bushes or other plants, on a corner lot within twenty-five (25) feet of the street line, which obstructs the view at a height of more than three (3) feet above the level of the adjacent street pavement.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.030:             ERECTION OF TELEPHONE, TELEGRAPH, OTHER POLES UPON STREETS, ALLEYS — RESTRICTIONS

A.            Authority Of Board Of Aldermen To Prohibit.  The Board of Aldermen shall have power to prohibit the placing of any telephone, telegraph, electric or other poles upon any of the streets or alleys of the City within the City’s right-of-way.

B.            Authority To Permit.  They may grant such privileges upon the streets and alleys as may seem in the best interests of the City.  In making such determination they shall be given a report as to the impact of such privileges by the Building Official.

C.            Location.  Any poles that may be erected along streets or alleys shall be two (2) feet from the edge of the street or backside of the curb and shall not interfere with any sidewalks to be constructed.

D.            Laying Of Pipes, Wires, Etc., Requirements.  No digging along streets or alleys for the purpose of laying pipes, wires or for other purposes shall be done except by the consent of the City Engineer and the Building Official.

E.            Costs.  The Board may receive or demand suitable compensation for the use of the City’s right-of-way in streets or alleys for any of the above purposes through franchise agreements or otherwise.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.040:             TREES — TO BE TRIMMED — HEIGHT RESTRICTIONS

All shade, ornamental or fruit trees, ornamental shrubs and landscape plants shall be kept clear of the sidewalks of the City and shall be kept trimmed to a distance above the walks of not less than nine (9) feet and so that they do not extend onto the sidewalk at any height so as to impede foot traffic, the same to be done by the owners or users of adjacent property.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.050:             STREET CUTS/EXCAVATIONS — REQUIREMENTS GENERALLY

When any cut or excavation is made in any public street for connection to City infrastructure, to any utility or service with a City franchise agreement or for any other purpose, such cut or excavation shall be filled in, according to Subsections (1) and (2) of this Section and the surface restored in accordance with the Standard Specifications and Design Criteria of the American Public Works Association (APWA) immediately after the work is completed for which the street was cut.  This information is located in Schedule 3 at the end of this Chapter.

1.            Excavation fill requirements.  The compaction of fill material must meet the APWA standard regardless of the type and condition of the surrounding soil.

a.            On streets that have been accepted by the Board of Aldermen.  The backfill method shall be flowable-fill, except storm sewers, only, may use concrete.  The flowable-fill or concrete must set up for three (3) days before asphalt is installed.  In addition, flowable-fill shall be installed by a procedure where a sheet of material is laid over the gravel base that is around a pipe so that there is an impervious barrier between the gravel base and the flowable-fill material.

b.            On new streets being installed.  The backfill method for storm sewer lines shall be flowable-fill or concrete and the backfill for sanitary sewer lines and water lines and all other cuts in the road bed shall be wet AB3 that is compacted to ninety-five percent (95%) in twelve (12) inch lifts.

2.            Any person making any cut or excavation in any public street shall resurface the public street at the site of such cut or excavation so that the street surface shall be equal to or better as the street surface which surrounds the area of such public street and in accordance with APWA standards and the ordinances of the City of Buckner.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.060:             STREET CUTS/EXCAVATIONS — PERMIT REQUIRED, DEPOSIT AND FEE

A.            Responsible City Official.  The Building Official of the City of Buckner is the City employee that is responsible for ensuring compliance with the street cut regulations of the City.

B.            Permit Required.  A permit shall be obtained from the Building Official before making any cut or excavation in any public street.  It shall be unlawful to make any such cut or excavation in any public street without obtaining such permit.

C.            Contractor Signature Of Agreement.  The Building Official shall provide the applicant with a form, this may be on the back of the permit, on which shall be the information in this Section and Schedule 3.  In addition, the form will have a signature line for the applicant to sign acknowledging their agreement to follow these procedures.

D.            Records To Be Kept.  The Building Official shall keep accurate records of all street cuts.  A case file shall be established for each street cut and this file shall be retained for five (5) years in the City records.  In addition, a yearly log of all street cuts that relates back to the case files shall be established.  A logical numbering system that relates to the year shall be established for each street cut case file.  The case file shall contain a list of the following information:  street cut location, contractor name and contact information, date permit was issued, amount of permit fee collected and retained after inspections, date work started, date work was completed, date of all inspections, including the biannual inspections, and the street cut condition at each inspection.

E.            Deposit And Fee.  Before any such permit shall be issued a sum of two hundred dollars ($200.00) in cash, money order, personal or business check and a performance/ maintenance bond to the sum of one thousand eight hundred dollars ($1,800.00) shall be paid to the City Clerk, all checks made payable to “City of Buckner”.  Fifty dollars ($50.00) of the permit fee shall be retained by the City for the issuance of the permit required and one hundred fifty dollars ($150.00) of the permit fee shall be retained by the City as an inspection fee when the work has been completed.  The maintenance bond portion shall guarantee against defects in the reconstruction of streets (includes curbs and sidewalks) for a period of two (2) years, as well as and further protecting the City of Buckner, Missouri, and insuring said City from any loss or damage.  The period for the maintenance bond shall not be construed as starting until the street cut is repaired.

F.            Inspections.  The Building Official or his/her designated representative shall conduct inspections at different stages of the backfilling of street cuts to ensure that the compaction standards set in Section 405.050 are met.

1.            If all the requirements of compaction and resurfacing as per Section 405.050 are fulfilled, after inspection, the sum of one thousand eight hundred dollars ($1,800.00) shall be returned to the applicant.

2.            If compaction and resurfacing is not completed in accordance with Section 405.050 within ten (10) working days, the total amount of the deposit shall be retained by the City and the applicant making a street cut or excavation shall be liable to the City for labor and material required to recompact and resurface such street in accordance with the requirements of Section 405.050.  If weather conditions are unfavorable, the City may, in its discretion, grant an extension of working days.

G.           Utility Companies With A Franchise Agreement.  All utility companies with a franchise agreement with the City of Buckner shall be regulated according to their respective agreements.  In general, this means that they will not be required to pay a permit fee or post a bond.  However, they are subject to the initial and follow-up inspections.  To accomplish this, the utility company representatives shall be required to provide the Building Official with a list of all street cuts.  In addition, the construction process allowed is for the utility company to make their street cut and when they are finished with the work, flush fill the cut with gravel installed in twelve (12) inch lifts and compacted to ninety-five percent (95%).  If the Building Official or his/her representative is not on hand to observe the flush backfilling, then when the contractor returns for the final repair action, they will have to remove all backfill material and perform the compaction in view of the Building Official.  The utility company will complete the final repair action within ten (10) days.  If this timeframe cannot be met due to the quantity of the street cuts, then the utility company and the Building Official shall mutually agree as to when the final repair action will be completed.  The utility company or their contracted paving company will then return and pull out enough of the gravel to install eight (8) inches of concrete with a two (2) inch asphaltic lift.  The street cut shall be over-cut an additional twelve (12) inches on both sides to allow the eight (8) inches of concrete and two (2) inches of asphalt to be resting on undisturbed ground.  The finished product shall be as good or better than the original.

H.            Biannual Inspections.  On-site inspections and a review of the street cuts and the deposits held by the City shall be conducted biannually by the Building Official or his/her designated representative.  Entries shall be made in the case files as to any action taken by the City, street cut condition and the fact that a biannual inspection has been made.  (Ord. No. 734 §3, 7-7-05)

ARTICLE II.  SIDEWALK ASSESSMENT AND CONSTRUCTION

SECTION 405.070:             CITY RESPONSIBILITY TO ASSESS SIDEWALKS

While the City of Buckner does not own the sidewalks within the City limits, it still bears responsibility under State law for ensuring that sidewalks are maintained in a reasonably safe condition.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.080:             ASSESSMENT OF SIDEWALKS

A.            The Building Official shall conduct an assessment of all sidewalks in the City every three (3) years.  After the initial assessment, this shall be done by inspecting one-third (1/3) of the sidewalks in the City each year in accordance with an assessment schedule to be implemented by the Building Official.  The assessment and all reported problems shall be documented and a repair schedule developed.  This information should be continually analyzed so that repair schedules can be altered as priorities change.  In addition, other public access areas for foot traffic should be assessed and a schedule for repair established.

B.            Public Works Department employees are to report any unsafe condition outside of the normal assessment.  In order to do this these employees shall be educated, at the expense of the City, on common hazards and instructed to report problems.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.090:             INFORMATION TO COLLECT

The information collected during an assessment is in relation to hazards of foot traffic on public sidewalks and in other public access areas.  The information shall include, but not be limited to, the following:

Location                                                                                               Missing sections

Level of pedestrian traffic                                                            Crushed areas

Description of any cracks                                                              Excess slope (see Section 405.230)

Description of any heaving                                          Backfilling

Deficient draining                                                                            Unsafe manholes and valves

Low overhanging branches                                          Low signs

Guy wires in walking area                                             Priority of needed repairs

(Ord. No. 734 §3, 7-7-05)

SECTION 405.100:             CRITERIA USED TO DESIGNATE WHO IS TO REPAIR THE SIDEWALK

Upon the advice of the Building Official, the Board of Aldermen may by ordinance or resolution condemn defective sidewalks, in accordance with State law, and may direct the Public Works Superintendent to remove the same and may provide funds for the construction of new sidewalks in their place.  The following criteria shall be used by the Public Works Superintendent to designate who is to repair the sidewalk:

1.            If the defects in a sidewalk were caused by faulty City infrastructure:

a.            The Building Official shall seek budget funding for the next quarter or fiscal year from the Board of Aldermen.

b.            The Building Official shall schedule time for City public work crews to repair the defective sidewalks.

2.            If a sidewalk has deteriorated due to the property owner failing to maintain it or due to general deterioration of the concrete, then the procedures in this paragraph shall be performed in conjunction with Sections 405.110, 405.120 and 405.130.

a.            The Building Official shall notify the property owner, by certified letter, of the defective sidewalk and the need for the property owner to repair the sidewalk per City ordinance.

b.            If the property owner does not repair the sidewalk within the timeframe designated, the Building Official shall obtain the services of an outside contractor to have the sidewalk repaired.

c.             The office of the City Clerk shall have the bill levied against the property owner’s tax bill at the County.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.110:             CONSTRUCTION, REPAIRING SIDEWALKS AND CURBING — ASSESSMENT OF COSTS

For making and repairing sidewalks and sidewalk curbing, the cost thereof shall be levied as a special assessment on the lots and pieces of ground abutting on such improvements in proportion to the front footage thereof; provided, that corner lots shall be liable for the extension of curbs and sidewalks to the curb lines each way.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.120:             FAILURE OF OWNER TO MAKE REPAIRS OR CONSTRUCT — ASSESSMENT OF COSTS

Whenever any person fails or neglects to repair or build any sidewalk when ordered to be done by the Building Official within sixty (60) days of receiving such notice as provided by the City, except in winter months when the ground is frozen or has frost in it or the temperature is forty degrees Fahrenheit (40°F) or below or in case of necessity for the general safety there is need of immediate repair of any sidewalk, upon the failure of any person to repair the same within fourteen (14) days after being notified to do so, the Building Official may without further notice cause such work to be done, keeping an account of the costs thereof and report the same to the Board of Aldermen for assessment and each lot or piece of ground abutting on such sidewalk, street, avenue or alley or part thereof shall be liable for its part of the cost of such work made along or in front of such lot or pieces of ground as reported to the Board of Aldermen.  All tax bills issued in payment of such repair shall constitute a lien upon the property liable therefor until paid.  Such tax bill shall be issued in favor of the City for such repairs and shall bear interest at the rate of eight percent (8%) per annum from date of issue.  All such special tax bills shall be negotiable and shall be paid within thirty (30) days from date of issue; and as a penalty for failure to pay them within said time in all cases where legal proceedings are commenced for the collection of any such tax bills after expiration of thirty (30) days from the issue of such bill or bills, the holder thereof shall recover, in addition to the full amount of such tax bill or bills, all necessary costs and reasonable attorney’s fees paid out or contracted by plaintiff to secure the final payment of such tax bill or bills.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.130:             REQUIREMENTS GENERALLY

Sidewalks shall be constructed in accordance with Section 2300 APWA Street Specifications, latest edition and Schedule 4 at the end of this Chapter.

1.            Permit.  No person shall construct a sidewalk, nor shall any person maintain a sidewalk not heretofore constructed and used for such without first obtaining a fifty dollar ($50.00) permit therefore from the Building Official.

2.            Material–concrete condition.

a.            Concrete shall have a twenty-eight (28) day minimum compressive strength of four thousand (4,000) psi (ASTM C31).  The test capacity must be written on the load invoice.

b.            Concrete must be started unloading within one (1) hour and completely unloaded within a maximum of one and one-half (1½) hours from the load time as shown on the invoice.

3.            Material–thickness.  All sidewalks constructed inside the City limits of the City shall be a minimum of four (4) inches thick, except where they cross a driveway in which case they will be a minimum of six (6) inches thick.

4.            Minimum width.  No sidewalk shall be built less than four (4) feet wide.  Where there is a handicapped accessibility ramp, the width shall be adjusted to the APWA standard within the guidelines of the ADA Act.

5.            Reinforcement.

a.            Sidewalk in driveway.  That portion of the sidewalk in the driveway approach will have the first eleven (11) feet from the curb reinforced with #4 re-bar, one-half (½) inch, on two (2) foot centers wired together on chairs.

b.            Sidewalk not in driveway.  Reinforcement shall be 6×6 W2.9 x W2.9 welded steel wire fabric.

6.            Expansion and contraction joints.  Expansion joints shall be placed at one hundred (100) foot centers.  Contraction joints shall be placed at four (4) foot centers.

7.            Handicapped access.  Where sidewalks abut a street, ramps shall be installed according to the APWA standards and Buckner ordinances for wheelchair accessibility with stamped pavers.  See Schedule 5 to this Chapter for details.

8.            Finish.  Sidewalk surfaces shall be broomed with a four (4) inch edge on all sides to include expansion and contraction joints.

9.            City to inspect.  The City shall inspect the building of all sidewalks on any and all streets in the City and see that they are built in accordance with this Section.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.140:             STREET CROSSING — REQUIREMENTS GENERALLY

All street crossings built in the City shall conform to the specifications and material requirements that the City shall prescribe and shall be built with an inspection by the City Engineer or Building Official.  (Ord. No. 734 §3, 7-7-05)

ARTICLE III.  COMMERCIAL DRIVEWAYS AND PRIVATE DRIVEWAYS

SECTION 405.150:             DEFINITIONS

A “commercial driveway” is defined as a driveway providing ingress and egress to any property other than residential or apartment property.  A “private driveway” is a driveway providing ingress and egress to residential or apartment property.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.160:             PERMIT FOR CONSTRUCTION AND MAINTENANCE REQUIRED

No person shall construct either a commercial driveway or a private driveway, nor shall any person maintain a commercial driveway or a private driveway not heretofore constructed and used for such without first obtaining a permit therefor from the Building Official.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.170:             APPLICATION FOR PERMIT

A.            Application for a commercial driveway permit or a private permit shall be made to the Building Official on forms provided for that purpose.  The fee for each permit will be fifty dollars ($50.00).  If, however, a permit to construct a private driveway for a new building is obtained at the same time the building permit for said building is obtained, no fee for the private driveway will be charged.

B.            If the property is located on a State highway, the City permit will not be issued until a ruling is rendered from MoDOT and provided to the City in writing.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.180:             FILING PLAT, DRAWING PREREQUISITE TO ISSUANCE OF PERMIT

No permit required by Section 405.160 shall be granted until the applicant shall file with the Building Official for his/her approval two (2) prints of a plat or drawing showing the location and size of all driveways (type of surface, thickness, width, length, etc.) serving the property affected.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.190:             PREREQUISITES TO APPROVAL OF APPLICATION FOR PERMIT FOR COMMERCIAL DRIVEWAYS

A.            Before approving the plat or drawing of a commercial driveway, Building Official shall see that the driveways do not exceed thirty (30) feet in width where they cross the sidewalks; that adjacent driveways are separated by an island at least six (6) feet in width; and that the driveways are at least six (6) feet from the property line at intersecting streets.

B.            However, the width of said driveways may be increased to forty (40) feet where the property is located on a corner lot abutting a major thoroughfare and there are no paved sidewalks within the same block and on the same side of the street on which the driveway is located and, provided also, the increased width of the driveway will not cause a hazard to pedestrian traffic.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.200:             PREREQUISITES TO APPROVAL OF APPLICATION FOR PERMIT FOR PRIVATE DRIVEWAYS

Before approving the plat or drawing of a private driveway, the Building Official shall see that the driveways do not exceed thirty (30) feet in width where they cross the sidewalk and that the driveways are at least six (6) feet from the property line at intersecting streets.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.210:             SURFACES

Commercial driveways and private driveways shall be surfaced with a permanent all-weather surfacing.

1.            Concrete.  Concrete shall have a twenty-eight (28) day minimum compressive strength of four thousand (4,000) psi (ASTM C31).  The test capacity must be written on the load invoice.  The thickness of the driveway must be six (6) inches for the first eleven (11) feet for both the driveway and sidewalk areas.

2.            Reinforcement.

a.            Sidewalk In driveway.  That portion of the sidewalk in the driveway approach will have the first eleven (11) feet from the curb reinforced with #4 re-bar, one-half (½) inch, on two (2) foot centers wired together on chairs.

b.            Sidewalk not in driveway.  Reinforcement shall be 6×6 W2.9 x W2.9 welded steel wire fabric.

3.            Asphaltic concrete.  All asphaltic concrete shall be installed in accordance with the APWA standard specifications.

4.            Additional requirements.  Driveways must have a five (5) foot by five (5) foot wing, that forms a triangle, on either side of the approach next to the street.  Any modifications to this must be approved by the City Engineer.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.220:             PERMITS TO RELOCATE, EXPAND, ENLARGE

Neither existing commercial driveways nor private driveways shall be relocated, enlarged or expanded without a permit approving the relocating, enlarging or expanding of such driveways and such driveways shall be subject to the limitations provided in Section 405.310 for both commercial and private driveways.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.230:             GRADE AND REQUIREMENTS GENERALLY

A.            Grade.  The grade of incline or decline of any private or commercial driveway within the City’s right-of-way or eleven (11) feet from the edge of the curb or, if no curb, the edge of the street, whichever is greater, shall be one-half (½) inch per foot, except the sidewalk area which shall be one-quarter (¼) inch per foot.

B.            Requirements Generally.  Driveways shall be constructed in accordance with APWA Street Specifications, latest edition and Schedule 4 at the end of this Chapter and any other applicable City ordinances.  (Ord. No. 734 §3, 7-7-05)

ARTICLE IV.  CONSTRUCTION OR REPAIR BY PROPERTY OWNER

SECTION 405.240:             NECESSITY OF PERMIT

The Building Official or his/her designated representative is hereby authorized to issue special permits, upon request, to owners of private property, their representatives or contractors to grade, construct, repair or reconstruct pavements, curbs, gutters, driveways from curb to property line, sidewalks and appurtenances, at their own expense, in the public streets or alleys adjacent to or running through their property, when the same are, in his/her judgment, reasonably necessary.  No person shall begin any such improvement until such permit shall have been issued.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.250:             PLANS, SPECIFICATIONS

A.            Plans therefor shall be prepared by such owners and submitted to the Building Official or his/her designated representative for approval.  Such plans shall indicate thereon the location, extent and character of the work proposed to be done with an estimate of the amount of the various materials, installations and services to be incorporated in the work.  The plans shall have such cross sections, profiles and such other information as are ordinarily included in plans prepared by the City Engineer for like work.  The plans shall conform and the work shall be done according to standard specifications of the City for public work of like character.

B.            All such work shall be inspected to the satisfaction of the Building Official or his/her designated representative.  Acceptance of the completed facility by Public Works Superintendent shall be made only after proper evidence that all bills for labor, materials and equipment have been paid.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.260:             FEES

The fee for said permit will be fifty dollars ($50.00).  (Ord. No. 734 §3, 7-7-05)

ARTICLE V.  PRIVATE CONSTRUCTION OF PUBLIC WORKS PROJECTS

SECTION 405.270:             CONSTRUCTION OF STREETS, ETC., REGULATIONS AND APPLICATION FOR SUBDIVISIONS

Any person, firm, partnership, corporation, association, co-partnership or trust, prior to commencing any private work on public works projects in the City of Buckner, Missouri, shall comply with Sections 400.450 and 402.090, where relevant, and the following regulations and provisions:

1.            Plans and specifications for the private construction of public works projects, including, but not limited to, streets, sidewalks, drainage systems, water distribution system, sewers or thoroughfares to be dedicated to and maintained by the City of Buckner, shall be submitted to the Board of Aldermen for approval.  These plans will be submitted at the different City approval stages, which include:  a pre-application review; an application to request an amendment to the City plan as specified in Schedule 1 of this Chapter 405; a preliminary (conceptual) plat; approval of design per phase/final engineering (construction) drawings; final plat; general construction permit per phase; final inspection and acceptance of infrastructure per phase; building permits for individual lots.  Schedule 1 of this Chapter has additional information on the requirements at each stage.

2.            When construction design is complete, the City shall be provided with plans marked as reviewed by the City’s Engineer.  The developer and his contractors shall only build from plans that have been annotated as having been approved, signed and dated by the City Engineer to include change orders.  No construction shall start until the City Engineer has approved all associated plans.  The developer shall submit as-built plans when construction is complete.

3.            The developer shall obtain a general construction permit from the office of the City Clerk authorizing the construction mentioned and set forth in the approved plans and specifications submitted.  A permit will be issued for each phase of the development and includes all inspections, to include the final, associated with the work of the general contractor and subcontractors involved in building the infrastructure of the subdivision (see Schedule 2 of this Chapter).  Work, for which the permit is issued, shall be started within one (1) year of issuance; if work has not started by this time, a new permit shall be required (this means that the process shall be started again as per Subsections (1) and (2) of this Section).  An additional condition of issuing the permit shall be that the developer agrees to give companies the City has franchise agreements with “access to open trenches for deployment of their respective facilities and written notice of the date of availability of trenches.  The developer shall be responsible for the digging and backfilling of all trenches.  The franchising company shall be responsible for engineering and deployment of labor applicable to its facilities”.  These requirements are per the City’s franchise agreements.  To issue the permit, the City requires:

a.            Copies of all State permits, which include the following:

(1)          Land disturbance permit, MoDNR;

(2)          Water line permit, MoDNR;

(3)          Sewer line permit, MoDNR; and

(4)          Street connection to State Highway and MODOT permits when necessary.

(5)          Any other necessary permits.

b.            The developer shall provide proof of insurance against all liability and name the City as an “additional insured”.

c.             The developer shall provide the City with a performance and maintenance bond subject to the requirements of Subsections (7) and (8).

4.            No general construction permit shall be issued by the City of Buckner unless the applicant shall pay the City Clerk a fee based upon the structure set in Schedule 2 of this Chapter.

5.            Following the issuance of the permit provided for herein, construction shall not be started until:

a.            The Building Official has been notified as to the time, location and scope of the construction by the developer.

b.            A meeting between the developer, general contractor, subcontractors, the Mayor, City Administrator, Building Official, City Engineer and others required by the City Administrator has been held.

6.            Prior to the start of soil disturbing activities, soil testing may be done, at the City’s expense, to determine a baseline for moisture and compaction.  Dirt removed from trenches and roadbed surfaces that is not capable of being compacted, in accordance with the specifications set out in the Standard Specifications and Design Criteria of the American Public Works Association (APWA), shall not be used as backfill.

7.            No construction shall be accomplished and the permit provided for herein shall not be issued until one (1) of the following two (2) options is selected by the developer and approved by the Board of Aldermen:

a.            The developer shall provide to the City Clerk a dual obligee performance bond in an amount equal to the cost of construction and satisfactory to the City Attorney guaranteeing the complete performance of the contemplated construction for which the permit herein provided for is issued and further guaranteeing and insuring that such construction shall be accomplished in a workmanlike manner, as well as and further protecting the City of Buckner, Missouri, and insuring said City from any loss or damage.  If the performance bond is obtained, the City will record the final plat within thirty (30) days of approval by the Board of Aldermen.

b.            If a performance bond is not posted, then the final plat drawings shall be held at City Hall until seventy percent (70%) of the phase is completed and accepted, as per the City’s subdivision acceptance procedures in Section 405.280, and shall then be recorded at Jackson County.

8.            Upon completion of construction and acceptance by the Board of Aldermen for which the permit herein provided is issued, the developer shall provide a dual obligee maintenance bond in an amount equal to the total cost of construction guaranteeing against defects in construction of storm sewers, sanitary sewers and water lines for a period of two (2) years and guaranteeing against defects in the construction of streets (includes curbs and sidewalks) for a period of two (2) years, as well as and further protecting the City of Buckner, Missouri, and insuring said City from any loss or damage.  The period for the maintenance bond shall not be construed as starting until the Board of Aldermen vote to accept the subdivision or phase as being one hundred percent (100%) completed.

9.            All construction work may be stopped at any time by the City Administrator, City Engineer or their agent when, in the opinion of the City Engineer or Building Official, the workmanship, materials used or procedures of work do not meet the requirements or comply with the City codes, ordinances, specifications and procedures for such work.

10.          If changes have to be made that impact easements, written consent shall be obtained from the City Administrator or City Engineer.  Upon their approval, the developer shall have a “mini-plat” recorded at Jackson County.  A mini-plat consists of at least one (1) to three (3) representative lots, instead of all lots, with reference to all other impacted lots, showing the relevant easements.

11.          All work, accomplished by means of a permit issued under this Chapter, shall be subject to final inspection for City maintenance by the City Engineer and Building Official in accordance with Section 405.280 and their recommendations shall be made to and action taken thereon by the Board of Aldermen and Mayor.

12.          Any lot within the City of Buckner or any addition thereof in accordance with Sections 400.450 and 402.090 of the Buckner Municipal Code and Section 445.070, RSMo., may not be sold prior to:

a.            The plat thereof being made out, which includes a title search and a professional survey conducted;

b.            Acknowledgment of said plat by the Board of Aldermen; and

c.             The recording of said plat at the Jackson County Recorder of Deeds.

13.          Building permits for individual lots may be issued only after the following conditions are satisfied:

a.            The recording of the final plat at Jackson County.

b.            Acceptance by the City of the infrastructure as per subdivision acceptance procedures in Section 405.280.

14.          Final approval of building permits or occupancy permits may only be issued by the Building Inspector after verifying with the Building Official that all water taps, sewer taps, driveways and sidewalks have been installed according to the City ordinances.

15.          The as-built drawings for the phase shall be submitted to the City prior to the City accepting one hundred percent (100%) of the infrastructure.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.280:             CITY ACCEPTANCE OF PRIVATE CONSTRUCTION OF PUBLIC WORKS PROJECTS

A.            When the developer determines he is nearing seventy percent (70%) completion of construction, he shall request a verification of progress from the Building Official.

B.            The Building Official shall request a construction status report from the City’s Construction Inspector.  The City Engineer will specify the percentage of construction completion for the phase.

C.            The Building Official shall make a written recommendation to the Board of Aldermen on whether the phase is ready to enter the acceptance process based upon the reports from the City Inspector and City Engineer.

D.            The Board of Aldermen shall review the reports and recommendations mentioned above and determine if all requirements of the City’s ordinances have been met.

E.            If the Board of Aldermen determines that there are elements of the City ordinances that have not been met or that some aspects of construction do not meet APWA code or other agreed upon specifications, they will direct the Building Official to provide a detailed report of the Board’s “Refusal to Authorize Starting the Acceptance Procedures” to the developer.  The report shall specifically state what shall be corrected before the City will authorize the recording of the final plat.

F.            When the Board of Aldermen determine that the final plat is ready to be recorded at Jackson County, they shall direct the City Clerk to obtain the necessary signatures on the final plat and to then record said plat at the Jackson County Recorder of Deeds.

G.           If seventy percent (70%) or beyond of the infrastructure of the phase has been completed and accepted by the Board of Aldermen and the developer is agreeable to posting a dual obligee bond equal to the remaining percentage of uncompleted work, then building permits for lots may be issued provided the final plat has been duly recorded.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.290:             MINIMUM STANDARDS FOR STREET CONSTRUCTION

Minimum standards for street construction and storm drainage for the City of Buckner are as follows:

1.            Curb and gutter.  All curb and gutter shall be twenty-four (24) inches wide, Portland cement concrete and constructed as specified in Section 2209 APWA Street Specifications and Standards latest edition.  Integral curb and gutter shall be used in Portland cement concrete.  (Section 2208 APWA Street Specifications and Standards latest edition.)

2.            Base course and surface.

a.            Class I Street (Arterial) shall be a minimum of forty (40) feet wide, back to back of upright curb and shall be constructed of asphaltic concrete a minimum of ten (10) inches total with an eight (8) inch compacted asphaltic concrete base and a two (2) inch compacted asphaltic concrete surface.  (Section 2205 APWA Street Specifications latest edition).  Alternate eight (8) inches of Portland cement concrete with integral curbs.  (Section 2208 APWA Street Specifications latest edition.)  Minimum seventy (70) feet R/W.

b.            Class II Street (Collector) shall be a minimum of thirty-six (36) feet wide, back to back of upright curb and constructed of asphaltic concrete a minimum of nine (9) inches total with a seven (7) inch compacted asphaltic concrete base and a two (2) inch compacted asphaltic concrete surface.  Alternate six (6) inches Portland cement concrete with integral curb and gutter.  (Section 2203 APWA Street Specifications and Standards latest edition.)  Minimum sixty (60) foot R/W.

c.             Class III Street (Residential) shall be a minimum of twenty-eight (28) feet wide, back to back of rollback curb and constructed of asphaltic concrete a minimum of eight (8) inches total with six (6) inch compacted asphaltic concrete base and a two (2) inch compacted asphaltic concrete surface.  (Section 2205 APWA Street Specifications latest edition.)  Alternate six (6) inches of Portland cement concrete with integral curb and gutter.  (Section 2208 APWA Street Specifications latest edition.)  Minimum right-of-way of fifty (50) feet.

3.            Grading and subgrade preparation.

a.            Grading shall be done in accordance with Section 2102 APWA Street Specifications latest edition.

b.            Subgrade preparation shall be done in accordance with Section 2200 APWA Street Specifications latest edition.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.300:             MINIMUM STANDARDS FOR WATER LINE CONSTRUCTION

The standard specifications for the City of Buckner, Missouri, on all water lines in subdivisions shall be such specifications as set out by the Missouri Department of Natural Resources and those set in the Standard Specifications and Design Criteria of the American Public Works Association (APWA).

1.            Type of material.  All water mains shall be C900AWWA plastic pipe.

2.            Fire hydrants.  All fire hydrants shall be a WB67 Pacer brand and shall be on a six (6) inch water line three hundred fifty (350) feet apart.  (Reference:  MDNR Design Guides for Community Water Systems 8/29/03) All new subdivisions must provide a minimum of one (1) shut-off wrench for every three (3) hydrants (or any number under three (3)).

3.            Location wire.  Location wire shall be installed along all water line pipes for detection purposes.  The location wire shall be No. 9 wire with a blue coating and laid ten (10) inches above the pipe on top of the aggregate embedment.  In addition, the location wire shall be connected to valve boxes and existing iron piping in the same manner.  Any splices to the wire shall be done with a APWA approved kit.

4.            Embedment of pipe.  All water lines shall be embedded in three-eighths (3/8) inch buckshot aggregate to ten (10) inches above the pipe, see APWA Section 2901 and Schedule 7 at the end of this Chapter.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.310:             MINIMUM STANDARDS FOR SANITARY SEWER CONSTRUCTION

A.            The standard specifications for the City of Buckner, Missouri, on all sanitary sewers in subdivisions shall be such specifications as set out by the Missouri Department of Natural Resources and those set in the Standard Specifications and Design Criteria of the American Public Works Association (APWA).

B.            Location.  No manhole shall be located in an area where a sidewalk will be constructed or in the paved area of a street.

C.            Manhole Elevations.  The grade shall be one-half (½) inch per foot for the first eleven (11) feet, except the sidewalk area which shall be one-fourth (¼) inch per foot to the top edge of the back of the curb.

D.            Backflow Prevention Device.  A backflow prevention shall be required on all new sanitary sewer connections and recommended on all old sewer connections.

E.            Embedment Of Pipe.  All sanitary sewer lines shall be embedded in No. 4 or No. 8 aggregate to ten (10) inches above the pipe, see APWA Section 2503.3 and Schedule 8 at the end of this Chapter.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.320:             MINIMUM STANDARDS FOR STORM SEWER CONSTRUCTION

All design and construction of storm sewers and appurtenances shall conform to APWA Storm Sewer Specifications latest edition.

1.            Reinforced concrete pipe.  Reinforced concrete pipe (RCP) is required under all roadbeds.

2.            High density polyethylene pipe (HDPE).  HDPE pipe is allowed otherwise but only if one hundred percent (100%) construction observation is provided.

3.            Catch basins.  All catch basins, lids must have a galvanized or better trash guard.

4.            Embedment of pipe.  All storm sewer lines shall be embedded in crushed rock or pea gravel with not less than ninety-five percent (95%) passing three-quarter (¾) inch (ninety-five percent (95%) passing one (1) inch for thirty (30) inch pipe and larger) and not less than ninety-five percent (95%) retained on three-eighths (3/8) inch to be placed in not more than six (6) inch layers or lifts and compacted by slicing with a shovel or vibrating.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.330:             STORM WATER DETENTION

Detention basins in the City shall be built according to the following guidelines:

1.            The drainage swale in the middle of the basin shall have a ten (10) foot wide ribbon of concrete in a v-shape its entire length.

2.            There shall be a six (6) inch deep base of one (1) inch aggregate under the concrete ribbon.

3.            Toe walls shall be installed for all inflow and outflow pipes and for all restriction walls.

4.            All rip-rap shall have a filter blanket under it as per Section 2605.3 D of the APWA standards.

5.            Any area requiring rip-rap must be grouted in concrete as per Section 2605.2-3 of the APWA standards.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.340:             STREETS, WATER, SANITARY SEWER AND STORM SEWER LINES TO BE EXTENDED TO ADJOINING PROPERTY LINES

All paved streets, water lines, sanitary sewer and storm sewer lines shall be extended up to the adjoining property at a location directed by the City Engineer so that when said adjoining property is subdivided, the adjoining property being subdivided can join the previously laid street, water lines, sanitary sewer and storm sewer lines with its streets, water lines, sanitary sewer and storm sewer lines.  (Ord. No. 734 §3, 7-7-05)

ARTICLE VI.  EROSION AND SEDIMENT CONTROL AND GRADING

SECTION 405.350:             EROSION AND SEDIMENT CONTROL AND GRADING INTRODUCTION AND PURPOSE

A.            Soil is most vulnerable to erosion by wind and water during the construction process.  Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species.  Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes.  Clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat and a healthy living environment for the citizens of Buckner.

B.            The purpose of this local regulation is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by effectively minimizing soil erosion and sedimentation during land development, building, landscaping or any other type of land disturbance in the City of Buckner.  Further, it provides builders, developers and property owners with soil erosion and sedimentation control standards and regulations.

C.            Facilitation of the regulations and standards contained herein shall accomplish the following:

1.            Establish standards for soil erosion and sediment control.

2.            Minimize soil erosion and sedimentation during land development, building, landscaping or other land-disturbing activities.

3.            Minimize pollution of streams, ponds and lakes.

4.            Encourage management of natural resources.

5.            Preserve the beauty of the community and the value of land.

6.            Reduce maintenance costs of public and private improvements and services.

7.            Promote and protect the public’s health, safety, comfort and welfare.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.360:             DEFINITIONS

As used in this Chapter, the following terms shall have these prescribed meanings:

APPLICANT:  Any person requesting approval of any application pursuant to this Chapter and the Erosion and Sediment Control Manual.

APWA:  American Public Works Association.

APWA EROSION AND SEDIMENT CONTROL SPECIFICATIONS AND DESIGN CRITERIA:  Sections 2100, 2150, 3100 and 5100 of the Kansas City Metropolitan Chapter of the APWA Standards, Specifications and Design Criteria manual, latest edition.

CLEARING:  Any activity which removes the vegetative surface cover.

DRAINAGE WAY:  Any channel that conveys surface runoff throughout the site.

EROSION:  The wearing away of the land surface by the action of wind, water or gravity.

EROSION AND SEDIMENT CONTROL PERMIT:  A permit issued by the City of Buckner for the construction or alteration of ground, including improvements and structures for the control of erosion, runoff and grading.

EROSION AND SEDIMENT CONTROL PLAN:  A set of plans prepared by or under the direction of a licensed professional engineer or a certified professional in erosion and sediment control indicating the specific measures and sequencing to be used controlling sediment and erosion on a development site before, during and after construction.

EROSION CONTROL:  Measures that prevent erosion.

GRADING:  Excavation or fill of material, including the resulting conditions thereof.

PERMANENT VEGETATION:  Grass, sod or ground cover sufficient to prevent erosion.

PHASING:  Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

SEDIMENT:  Solid material moved by erosion and deposited away from its point of origin.

SEDIMENT CONTROL:  Measures that prevent eroded sediment from leaving the site.

SITE:  A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

SITE DEVELOPMENT:  Altering terrain, vegetation and/or constructing improvements.

SITE DEVELOPMENT PERMIT:  A permit issued by the municipality for the construction or alteration of ground, including improvements and structures for the control of erosion, runoff and grading.

STABILIZATION:  The use of practices that prevent exposed soil from eroding.

START OF CONSTRUCTION:  The first (1st) land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

STREAMBANK:  The top of the natural incline bordering a stream.

STRIPPING:  Any activity by which the vegetative cover is removed or significantly disturbed, including tree removal, clearing, grubbing and storage or removal of topsoil.

VEGETATIVE COVER:  Any grasses, shrubs, trees and other vegetation that protects and stabilizes soils.

WATERCOURSE:  Any body of water including, but not limited to, lakes, ponds, rivers, streams and bodies of water which are delineated by the City of Buckner.

WATERWAY:  A channel that directs surface runoff to a watercourse or to the public storm drain.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.370:             NATURAL FEATURES

The City shall require preservation of natural features which add value to the proposed subdivision and to the community at large, such as large trees or groves of trees, watercourses, historic features, wildlife habitats and environmental areas and similar irreplaceable community assets.  The location, nature and extent of such features shall be identified in the initial procedures and preliminary plat stages and shall be made a part of the subsequent plats to the greatest possible extent.  The preservation or inclusion of such features shall be made a condition of approval of the final plat.  Adequate access to such areas shall be provided in all adjacent platting. (Ord. No. 734 §3, 7-7-05)

SECTION 405.380:             PERMITS

A.            No person, firm or corporation may develop, landscape or disturb land without the issuance of a site development permit by the Building Official and the approval of an erosion and sediment control plan by the City Engineer.

B.            No site development permit is required for the following activities:

1.            Any land-disturbance activity that:

a.            Involves less than one hundred (100) cubic yards of earth movement; or

b.            Disturbs less than five thousand (5,000) square feet of surface area.

2.            Existing nursery and agricultural operations conducted as a permitted main or accessory use;

3.            Landscaping or home gardening;

4.            Re-establishment of lawn areas; or

5.            Any emergency activity that is immediately necessary for the protection of life, property or natural resources.

C.            Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm and shall be accompanied by a filing fee.  The amount of the fee shall be established by the Governing Body by resolution or ordinance.

D.            The issuance of a permit shall constitute authorization to do only that work described or shown on the approved plan.  Each application shall include a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the erosion and sediment control plan.

E.            The permit shall be valid from the time that it is issued until a final certificate of occupancy or completion certificate has been issued.  A final certificate of occupancy or a completion certificate will not be issued until the site is stabilized and erosion and sediment control measures are no longer necessary.  The site will be considered stabilized when perennial vegetation, pavement, buildings or structures using permanent materials cover all areas that have been disturbed.

F.            Occupancy permits will not be issued until final grading has been completed and lots have been seeded and mulched or sodded.  When conditions prevent ground cover from being established, an occupancy permit may be issued by submitting an escrow deposit sufficient to guarantee completion.

G.           If the permittee sells the property before the expiration of the permit, the permit may be assigned to the new owner of the site if the assignment is approved in writing by the Building Official, provided that the permittee shall remain responsible for compliance with the permit until a final certificate of occupancy is issued or a completion certificate is issued.

H.            If the permittee sells any portion of the property before the expiration of the permit, the permittee will remain responsible for that portion of the property until the new owners of the property, with respect to property covered by a permit, make all submissions required to obtain a new site development permit

I.             The applicant will be required to file with the City of Buckner a faithful performance bond or bonds, letter of credit in an amount deemed sufficient by the City Administrator to cover all costs of improvements, landscaping and maintenance of improvements for such period as specified by the City of Buckner and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

J.             Review And Approval.

1.            The City Engineer will review each application for a site development permit to determine its conformance with the provisions of this local regulation.  Within thirty (30) days after receiving an application, the City Engineer shall, in writing:

a.            Approve the permit application;

b.            Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and issue the permit subject to these conditions; or

c.             Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

2.            Failure of the City Engineer to act on original or revised applications within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City Engineer.  Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the City Engineer.

K.            Permit Fee.  The Building Official shall charge a filing fee of one hundred dollars ($100.00) to be paid to the office of the City Clerk. (Ord. No. 734 §3, 7-7-05)

SECTION 405.390:             EROSION AND SEDIMENT CONTROL PLAN

A.            The erosion and sedimentation control plan must be prepared and certified by a professional engineer or a certified professional in erosion and sediment control on behalf of the developer and must outline the measures he/she will take to ensure soil and sediment is contained on the development site.

B.            The erosion and sediment control plan shall include:

1.            The property owner’s name, address and telephone number.

2.            A natural resources map, at a scale no smaller than one (1) inch equals one hundred (100) feet, identifying the location; soils; forest cover; the surrounding area’s watercourses, water bodies and other significant geographic and natural features; and resources protected under other Chapters of this Code.

3.            A one (1) inch equals fifty (50) feet scale map of the site showing proposed excavation, grading or filling.

4.            Existing and proposed contours at two (2) foot intervals on U.S.G.S. datum, clearing limits and delineation of 100-year flood plain and floodway.

5.            A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; final grading and landscaping; and removal of temporary erosion control devices.  Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary erosion and sediment measures, installation of storm drainage, paving of streets and parking areas and establishment of permanent vegetation.

6.            All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and permanently after completion of development of the site.  Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.

7.            Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.

8.            Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

9.            Location of proposed and existing utility lines.

10.          Details of temporary drainage system to direct stormwater runoff from graded portions of the site and details of the permanent drainage plan.

11.          Temporary access routes.

12.          Any additional items indicated in the APWA Erosion and Sediment Control Specifications and Design Criteria.

13.          The signature and seal of a professional engineer or a certified professional in erosion and sediment control.

C.            Additional information or data may be required as deemed appropriate by the City Engineer.  Requirements for maps, plans, reports or drawing may be waived if the City Engineer finds that the otherwise submitted information is sufficient to show that the proposed work will conform to the erosion and sediment control requirements.

D.            Additional erosion and sedimentation control measures may be imposed by the City Engineer.

E.            Modifications To The Plan.

1.            Major amendments of the erosion and sediment control plan shall be submitted to the City Engineer and shall be processed and approved or disapproved in the same manner as the original plans.

2.            Field modifications of a minor nature may be authorized by the City Engineer by written authorization to the permittee. (Ord. No. 734 §3, 7-7-05)

SECTION 405.400:             DESIGN REQUIREMENTS

A.            Grading, erosion control practices, sediment control practices, waterway crossings and construction site access shall meet the design criteria set forth in the most recent version of the AP WA Erosion and Sediment Control Specifications and Design Criteria and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer.

B.            Clearing And Grading.

1.            Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other Chapters of this Code.

2.            Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established in the erosion and sediment control plan.

3.            Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

C.            Erosion Control.

1.            Graded areas must be revegetated immediately.

2.            Where natural vegetation is removed during grading, revegetation of the site shall be initiated immediately following the initiation of grading work.  Vegetation in sufficient density to provide effective erosion control must be re-established within thirty (30) days following completion of grading work.

3.            If vegetative erosion control methods, such as seeding, have not become established within two (2) weeks, the City Engineer may require that the site be reseeded or that a non-vegetative option be employed.

D.            Sediment Controls.  Erosion and sediment control measures shall be initiated prior to any land disturbance and shall be maintained until vegetative cover is established at a sufficient density to provide erosion control on the site.

E.            Waterways And Watercourses.

1.            Buildings, decks, patios, parking lots and other improvements shall be set back a minimum of fifty (50) feet from the top of existing stream banks.

2.            When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided and an approval obtained from the City Engineer. (Ord. No. 734 §3, 7-7-05)

SECTION 405.410:             MUD, MATERIAL OR DEBRIS ON CITY STREETS

A.            No activities are permitted that cause mud, soil, earth, sand, gravel, rock, stone, concrete, building materials or other materials to be deposited on public streets.  Trucks and other construction equipment should be cleaned on site to prevent mud from being deposited on public streets.  Other measures may be required at the discretion of the Building Official in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

B.            If mud, material or debris is deposited on a public or private street, the responsible party shall abate the violation immediately.

C.            If the violation is not abated within four (4) hours, a stop work order shall be posted and the City will cause the violation to be abated at property owner’s expense.  The City may also initiate legal action in Municipal Court. (Ord. No. 734 §3, 7-7-05)

SECTION 405.420:             INSPECTION

A.            By submitting a development plan or applying for a building permit, the applicant consents to inspections of the proposed development site and all work in progress.  The Building Official or his/her designated representative shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed.

B.            A copy of the permit must be available on the site for inspection by authorized representatives of the City of Buckner.

C.            The Building Official or his/her designated representative shall make inspection at its discretion and shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved.  Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the Building Official or his/her designated representative shall be maintained at the site during the progress of the work.  In order to obtain inspections, the permittee shall notify the Building Official or his/her designated representative at least two (2) working days before the following:

1.            Start of construction.

2.            Erosion and sediment control measures are in place and stabilized.

3.            Site clearing has been completed.

4.            Rough grading has been completed.

5.            Final grading has been completed.

6.            Close of the construction season.

7.            Removal or substantial modification of any erosion and sediment control measure or practice.

8.            Final landscaping.

D.            The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s).  The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures.  All inspections shall be documented in written form and submitted to the Building Official or his/her designated representative at the time interval specified in the approved permit.

E.            In the event work does not conform to the permit or conditions of approval or to the approved plan or to any instructions of the City of Buckner, notice to comply shall be given to the permittee.  After a notice to comply is given, the permittee or the permittee’s contractor(s) shall be required to make the corrections within the time period determined by the City of Buckner.  If an imminent hazard exists, the City of Buckner shall require that the corrective work begin immediately. (Ord. No. 734 §3, 7-7-05)

SECTION 405.430:             ENFORCEMENT AND PENALTIES

Stop Work Order–Revocation of Permit.

1.            In the event that any person holding a site development permit pursuant to this Chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Building Official or his/her designated representative may suspend or revoke the site development permit and issue a stop work order.

2.            For the purposes of this Section, a stop work order is validly posted by posting a copy of the stop work order on the site of the land-disturbance activity in reasonable proximity to a location where the land-disturbance activity is taking place.  A copy of the order, in the case of work for which there is a permit, shall be mailed by first class mail, postage prepaid, to the address listed by the permittee on the permit.  In the case of work for which there is no permit, a copy of the order shall be mailed to the person listed as the owner of the property on records filed with the Jackson County Assessor’s office.

3.            No person is permitted to continue or permit the continuance of work in an area covered by a stop work order, except work required to correct deficiencies with respect to an erosion or sediment control measure.

4.            Ten (10) working days after posting a stop work order, the Building Official or his/her designated representative, if the conditions specified in the stop work order to resume work have not been satisfied, may issue a notice to the permittee, owner or land user of the City of Buckner’s intent to perform work necessary to comply with this regulation.  The City of Buckner may go on the land and commence work after fourteen (14) working days from issuing the notice of intent.  The costs incurred by the City of Buckner to perform this work shall be paid by the owner or permittee.  (Ord. No. 734 §3, 7-7-05)

SECTION 405.440:             SOIL EROSION, YARDS TO BE SODDED OR SEEDED

During the construction of infrastructure the developer shall insure that soil does not erode into City drains or onto any other property; this restriction shall include development areas that are not in the current phase of construction but where the vegetation and soil have been disturbed; in general, developers shall take all steps necessary to prevent soil erosion from any part of their property where the original site vegetation has been removed or soil-disturbing activities have taken place.  All new houses built in subdivisions of Buckner, Missouri, shall have the topsoil of their respective yards redistributed and sodded or seeded and the builder and/or homeowner shall take steps necessary to prevent soil erosion from lots on which they are building or living in a finished structure.  (Ord. No. 734 §3, 7-7-05)

ARTICLE VII.  PENALTY

SECTION 405.450:             PENALTY

A.            Any person, whether owner, representative, contractor, subcontractor or foreman, who shall grade, construct, repair, reconstruct or alter any public street, pavement, curb, gutter, driveway, sidewalk, water line or sewer within any public way or any public sewer adjacent to or running through any private property within a public right-of-way, without first securing a special permit therefor issued by the Public Works Superintendent, upon conviction thereof, shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

B.            For every day after the conviction of any person for the violation, failures, neglect or refusal to comply with any provision, regulation or requirement of this Section, that such violation is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense for which he/she may be again arrested and tried and, upon conviction, punished as in the first (1st) offense.  (Ord. No. 734 §3, 7-7-05)

SCHEDULE 1.  SCHEDULE OF CONSTRUCTION REQUIREMENTS

FOR SUBDIVISIONS IN BUCKNER, MISSOURI

A.            City Approval Stages.

1.            Pre-application review.  Planning and Zoning Commission and Board of Aldermen  (Section 405.270(1)).

a.            Introduction of project; may be pencil drawing.

2.            Application to request an amendment to the City plan.  City Engineer, Planning and Zoning Commission, and Board of Aldermen (Section 405.270(1) and Section 400.450 and Schedule 1 to Chapter 400).

a.            To be submitted prior to the preliminary (conceptual) plat.

3.            Preliminary (conceptual) plat approval.  City Engineer, Planning and Zoning Commission and Board of Aldermen (Section 405.270(1)).

4.            Approval of design per phase.  City Engineer, Planning and Zoning Commission and Board of Aldermen (Section 405.270(1)).

a.            Approval of the final phase design is required for each phase.

(1)          Final engineering (construction) drawing approval.  City Engineer.

b.            Final plat approval.  City Engineer, Planning and Zoning Commission and Board of Aldermen (Section 405.270(1, 7)).

(1)          To be done at approximately the same time as approval of final engineering (construction) drawings.

c.             General construction permit per phase.  Public Works Superintendent.

(1)          City to have copies of all State permits (as required by Section 405.270(3)(a)).

(2)          Permit issued for each phase of the development.

5.            Final inspection and acceptance of infrastructure per phase.  City Engineer (Section 405.280).

a.            An inspection is required for each phase.

6.            Building permits issued for individual lots.  City Building Inspector (Section 405.270(13) and Chapter 500).

a.            No construction shall be started until the provisions of Section 405.270(1, 2, 3, 4, 5, 6 and 7) are met.

b.            Building permits for houses on lots will be obtained by the builder or his/her representative from the City of Buckner’s Building Inspector:  The Fort Osage Fire Protection District.

B.            Developer To Obtain.

1.            Permits from the State.

Type                                                                      Issuing Agency

Land disturbance permit                               MoDNR

Water line permit                                            MoDNR

Sewer line permit                                            MoDNR

Street connection to State Hwy.               MoDOT

2.            General construction permit.

a.            The developer shall obtain a general construction permit from the office of the City Clerk to cover “construction of public works projects including, but not limited to, streets, sidewalks, drainage systems, sewers or thoroughfares to be dedicated to and maintained by the City of Buckner” as specified in Section 405.270 (1, 2, 3 and 4).

b.            An additional condition of issuing the permit shall be that the developer agrees to give companies the City has franchise agreements with “access to open trenches” as specified in Section 405.270(3).

c.             The general construction permit includes all inspections, to include the final, associated with the work of the general contractor and subcontractors involved in building the infrastructure of the subdivision.  The fee for such permit is to cover the costs associated with the City’s review, observation and inspection and shall be based upon the structure set in Schedule 2 of this Chapter.

3.            Bonding requirements.  The developer shall obtain bonding in accordance with the provisions of Section 405.270(7).  The City shall only deal with the developer on bonding issues.

4.            Occupational license.  The developer shall require all general contractors to obtain an occupational license from the City of Buckner.

C.            General Contractor To Obtain.

1.            The general contractor shall obtain an occupational license for the City of Buckner and shall require all subcontractors to obtain the same.

2.            General infrastructure permits and inspections are covered under the general construction permit obtained by the developer.  (Ord. No. 734 §3, 7-7-05)

SCHEDULE 2.  SCHEDULE OF CONSTRUCTION PERMIT AND SIGN COSTS

FOR SUBDIVISIONS IN BUCKNER, MISSOURI

Construction Type                                           Cost Per LF                          Percentage

Roadway (min. City specifications)           $70.00                                   5%

Sanitary sewer

8 inch                                                                  20.00                     4%

10 inch                                                                 22.00                     4%

12 inch                                                                 24.00                     4%

Storm sewer (includes HDPE pipe)

12 inch                                                                 15.00                     4%

15 inch                                                                 20.00                     4%

18 inch                                                                 22.00                     4%

24 inch                                                                 26.00                     4%

30 inch                                                                 30.00                     4%

36 inch                                                                 36.00                     4%

42 inch                                                                 42.00                     4%

Water lines

6 inch                                                                  12.00                     4%

8 inch                                                                  15.00                     4%

12 inch                                                                 22.00                     4%

Sign installation (regulatory signs)

Price                     Size

Stop sign                              50.14                    30″ x 30″

Yield sign                             27.04                    30″ x 30″ x 30″

Speed limit sign                40.53                    24″ x 30″

Street name signs

Number of letters (exc. prefix and suffix)

Price                     Size

5                                            34.20                     6″ x 22″

6                                             36.94                    6″ x 24″

7                                            41.60                     6″ x 28″

8                                            44.34                     6″ x 30″

10                                           51.74                    6″ x 36″

12                                           59.14                    6″ x 42″

*             Posts installed include mounting hardware, concrete and labor.  Price: $31.96/post.

*             Street name signs.  Price includes:  Aluminum blank, green high intensity sheeting and either a post cap or cross mounting bracket.

*             Example #1.  North Osage and Jefferson

1 STOP @ $50.14 + 1 Osage (5) @ $34.20 + 1 Jefferson (9) @ $51.74 + 1 post @ $31.96 = Total $168.04.

*             Example #2.  1 speed limit @ $40.53 + 1 post @ $31.96 = Total $72.49

(Ord. No. 734 §3, 7-7-05)

SCHEDULE 3.  STREET PATCH DETAILS

SCHEDULE 4.  SIDEWALK DETAILS

SCHEDULE 5.  HANDICAP SIDEWALK RAMP DETAILS

SCHEDULE 6.  DETECTABLE WARNING PAVER DETAILS

SCHEDULE 7.  WATER PIPE DETAILS

SCHEDULE 8.  SANITARY PIPE DETAILS

CHAPTER 410: TRAILER PARKS, TRAILER COURTS, MANUFACTURED AND MODULAR HOMES

SECTION 410.010:             LIMITED

No additional trailer parks or trailer courts shall be allowed to operate, locate or expand within the City limits of Buckner, Missouri, until such time as the population reaches five thousand (5,000).  A trailer court or trailer park shall be construed to be a place where any person owning a living accommodation is allowed to park or locate the living accommodation that originally was designed to be movable on wheels whether the same actually has wheels when the same is placed on any lot, trailer park or trailer court.  (CC 1979 §48.010; Ord. No. 715 §1, 7-1-04)

SECTION 410.020:             REGULATIONS FOR MANUFACTURED AND MODULAR HOMES

The purpose of this Section is to set forth standards for the placement, construction and architectural appearance of manufactured and modular homes within the City.  The intent of this Section is to ensure that manufactured and modular homes are compatible with other dwellings in residential neighborhoods and meet a minimum construction, placement and architectural standard while providing an alternative means of affordable home ownership for the residents of the community.  (Ord. No. 715 §1, 7-1-04)

SECTION 410.030:             DEFINITIONS

As used in this Chapter, the following terms shall have these prescribed meanings:

MANUFACTURED HOMES:  Single-family dwelling built entirely in the factory under a Federal building code administered by the U.S. Department of Housing and Urban Development (HUD).  Manufactured dwellings may be single or multi-section and are transported to the site and installed.  The Federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality.  The HUD Code also sets performance standards for the heating, plumbing, air conditioning, thermal and electrical systems.  It is the only Federally regulated national building code.

MODULAR HOMES:  A single-family dwelling purchased in two (2) or more sections which is transported to the building site and placed upon a permanent foundation.  A modular home must conform to the Missouri standards set forth in 4 CSF 24-123.080 of the Missouri Code of State Regulations.  (Ord. No. 715 §1, 7-1-04)

SECTION 410.040:             OCCUPANCY RESTRICTIONS

A.            Manufactured and modular homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.

B.            Manufactured and modular homes shall be subject to the same zoning standards as site- built homes and all Buckner residential codes and must meet UBC or have HUD engineer seal.

C.            Manufactured and modular homes shall be subject to the deed restrictions of subdivisions and may thereby be prohibited.  (Ord. No. 715 §1, 7-1-04)

SECTION 410.050:             SITING REQUIREMENTS

Each manufactured or modular home placed on an individual lot shall meet the following requirements:

1.            Be occupied as a single-family dwelling and be permitted in the same districts as single-family dwellings, unless the manufactured or modular home is intended for a different purpose, in such a case the structure shall be evaluated for its intended purpose.

2.            Have a minimum width of not less than twenty-two (22) feet as measured at all points perpendicular to the length of the manufactured home.  This standard is intended to restrict units to this type which are brought to the site in parts, typically two (2) halves.

3.            The deed restrictions shall take precedence over this Section.

4.            Accessory structures shall be placed in conformance with the setback and dimensional requirements established for the district in which located.

5.            Is placed in conformance with all zoning and setback requirements established for the district in which located.

6.            Roof must be gable or hip roof at least three (3) in twelve (12) or greater in pitch and covered with material that is residential in appearance including, but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass or metal roofs.  All roof structures shall provide an eave projection of no less than six (6) inches.

7.            Have the main entry door facing the street on which the manufactured home is located.  The unit must be oriented on the lot so that its front entry is parallel with the street.

8.            Have exterior surface and window treatments that to the maximum extent possible are architecturally compatible with those of neighboring properties, excluding smooth and ribbed or corrugated metal.

9.            Be placed on a parcel according to a presubmitted and approved plot plan as described on the permit.  In addition, an illustration of the finished appearance of the unit shall be provided.

10.          Units shall be attached to a permanent footing and foundation which manner of placement shall be as stated in the Building Code of the City of Buckner and meet all manufacturer’s specifications for support.

a.            Pier pads are not permitted around the perimeter of the foundation.

b.            All footings shall have reinforced steel, as dictated by appropriate Building Code.

c.             Anchors shall be imbedded in the footing or foundation to HUD, PSC or the City Code as per the following:  foundation plates or sills shall be bolted to the foundation or foundation wall with not less than one-half (½) inch nominal diameter steel bolts embedded at least seven (7) inches into the concrete or masonry and spaced not more than six (6) feet apart.  There shall be a minimum of two (2) bolts per sill plate with one (1) bolt located within twelve (12) inches of each end of each piece.  A properly sized nut and washer shall be tightened on each bolt to the plate.

11.          Have the tongue and running gear including axles removed.

12.          Maintain a minimum of eighteen (18) inches of crawl space under the entire manufactured or modular home.  All facades and foundations shall have permanently installed venting in accordance with the current City of Buckner Building Code. Deletions or omissions of vents are not allowed and homes will not be approved for occupancy without venting.

13.          Have permanent steps at all exits.  All means of egress shall be built to existing code.

14.          Be served by a water supply and sewage disposal system meeting the established City Code.

15.          Underground public utilities shall be required where available.  All utility attachment shall be completed per Building Code.

16.          Property owner shall declare the manufactured home as real property and must so record with the Jackson County Assessor.  (Ord. No. 715 §1, 7-1-04)

CHAPTER 415: FLOOD DAMAGE PREVENTION

Editor’s Note–Ord. no. 659 §1, adopted April 4, 2002, superseded chapter 415, enacting new provisions herein; former chapter 415 derived from ord. no. 461 §49.101, articles I–VII, 3-3-88; ord. no. 634, 2-1-01.

ARTICLE I.  STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES

SECTION 415.010:             STATUTORY AUTHORIZATION

The legislature of the State of Missouri has, in Section 89.020, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety and general welfare.  Therefore, the Board of Aldermen of the City of Buckner, Missouri, ordains as follows.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.020:             FINDINGS OF FACT

A.            Flood Losses Resulting from Periodic Inundation.  The special flood hazard areas of Buckner, 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 regulatory 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 regulatory flood which are reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter.  It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator’s Flood Insurance Study and illustrative materials for Jackson County, Missouri, dated September 29, 2006, as amended, and any future revisions thereto.

2.            Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

3.            Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

4.            Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

5.            Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.  (Ord. No. 659 §1, 4-4-02; Ord. No. 749 §1, 8-3-06)

SECTION 415.030:             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 Article I, Section 415.020(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(d) by applying the provisions of this Chapter to:

1.            Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

2.            Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

3.            Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.  (Ord. No. 659 §1, 4-4-02)

ARTICLE II.  GENERAL PROVISIONS

SECTION 415.040:             LANDS TO WHICH CHAPTER APPLIES

This Chapter shall apply to all lands within the jurisdiction of the City of Buckner identified as numbered and unnumbered A Zones and AE, AO and AH Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) Jackson County Panels 290950089F, 29095C0093F and 29095C00202F dated September 29, 2006, as amended, and any future revisions thereto.  In all areas covered by this Chapter, no development shall be permitted except through the issuance of a flood plain development permit granted by the Board of Aldermen or the duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and as specifically noted in Article IV.  (Ord. No. 659 §1, 4-4-02; Ord. No. 749 §1, 8-3-06)

SECTION 415.050:             FLOODPLAIN ADMINISTRATOR/MANAGER

The Planning and Zoning Commission Chairman is hereby designated as the Floodplain Administrator/Manager and will implement the provisions of this Chapter.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.060:             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. 659 §1, 4-4-02)

SECTION 415.070:             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. 659 §1, 4-4-02)

SECTION 415.080:             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. 659 §1, 4-4-02)

SECTION 415.090:             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 floodway and flood fringe 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 Buckner, 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. 659 §1, 4-4-02)

SECTION 415.100:             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. 659 §1, 4-4-02)

ARTICLE III.  ADMINISTRATION

SECTION 415.110:             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 415.040.  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. 659 §1, 4-4-02)

SECTION 415.120:             RESERVED

SECTION 415.130:             DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

Duties of the Planning and Zoning Commission Chairman 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 Emergency Management Agency (SEMA) 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; and

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 Planning and Zoning Commission Chairman shall require certification from a registered professional engineer or architect in accordance with the City Building Code.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.140:             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.            Specify whether development is located in designated flood fringe or floodway;

6.            Identify the existing base flood elevation and the elevation of the proposed development;

7.            Give such other information as reasonably may be required by the Floodplain Administrator;

8.            Be accompanied by plans and specifications for proposed construction; and

9.            Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.  (Ord. No. 659 §1, 4-4-02)

ARTICLE IV.  PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION 415.150:             GENERAL STANDARDS

A.            No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.

B.            All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided.  Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

C.            Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zones or AE Zones 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, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

E.            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.

F.            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.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.160:             SPECIFIC STANDARDS

In all areas identified as numbered and unnumbered A Zones and AE Zones where base flood elevation data have been provided, as set forth in Article IV, Section 415.150(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 elevation.

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 elevation 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 415.130(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 opening 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. 659 §1, 4-4-02)

SECTION 415.170:             MANUFACTURED HOMES

A.            All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the community’s FIRM shall be required to be installed using methods and practices that minimize flood damage.  For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement.  Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

B.            Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the community’s FIRM on sites:

1.            Outside of manufactured home park or subdivision;

2.            In a new manufactured home park or subdivision;

3.            In an expansion to an existing manufactured home park or subdivision; or

4.            In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 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 and AE Zones on the community’s FIRM, that are not subject to the provisions of Article IV, Section 415.170(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 level; or

2.            The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.180:             RESERVED

SECTION 415.190:             FLOODWAY

Located within areas of special flood hazard established in Article II, Section 415.040 are areas designated as floodways.  Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

1.            The community shall select and 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.            The community shall prohibit any 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.

3.            If Article IV, Section 415.150 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article IV.

4.            In unnumbered A Zones, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Article IV, Section 415.150(B).  (Ord. No. 659 §1, 4-4-02)

SECTION 415.200:             RECREATIONAL VEHICLES

Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community’s FIRM either:

1.            Be on the site for fewer than one hundred eighty (180) consecutive days, or

2.            Be fully licensed and ready for highway use*; or

3.            Meet the permitting, elevation and the anchoring requirements for manufactured homes of this Chapter.

*             A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.  (Ord. No. 659 §1, 4-4-02)

ARTICLE V.  FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

SECTION 415.210:             ESTABLISHMENT OF APPEAL BOARD

The Board of Zoning Adjustment as established by the Board of Aldermen shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.220:             RESPONSIBILITY OF APPEAL BOARD

Where an application for a floodplain development permit is denied by the Planning and Zoning Commission, the applicant may apply for such floodplain development permit directly to the Appeal Board, as defined in Article V, Section 415.210 and Section 400.400(B) of the Buckner Municipal Code.  The Board of Zoning Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Planning and Zoning Commission in the enforcement or administration of this Chapter.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.230:             FURTHER APPEALS

Any person aggrieved by the decision of the Board of Zoning Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided by in Section 89.110, RSMo.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.240:             FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

In passing upon such applications for variances, the Board of Zoning Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter and the following criteria:

1.            The danger 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 costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems; streets; and bridges.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.250:             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 level, 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 level 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 level 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. 659 §1, 4-4-02)

SECTION 415.260:             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 415.240 and 415.250 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 415.150(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 415.150(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 415.150(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 415.160(3) of this Chapter.

6.            The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 415.150 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 level 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 level 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. 659 §1, 4-4-02)

SECTION 415.270:             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 Board of Aldermen of the City of Buckner or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.280:             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 Buckner, Missouri.  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 National Flood Insurance Program (NFIP) regulations.  (Ord. No. 659 §1, 4-4-02)

SECTION 415.290:             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 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; and/or

2.            The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM):  An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION:  A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY:  An examination, evaluation and determination of flood hazards.

FLOOD FRINGE:  The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM):  An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM):  An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (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.

FLOODWAY ENCROACHMENT LINES:  The lines marking the limits of floodways on Federal, State and local floodplain maps.

FREEBOARD:  A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE:  A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water.  This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE:  The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE:  Any structure that is:

1.            Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.            Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.            Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

4.            Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.            By an approved State program as determined by the Secretary of the Interior; or

b.            Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR:  The lowest floor of the lowest enclosed area, including basement.  An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.

MANUFACTURED HOME:  A structure, transportable in one (1) or more sections, 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 MANUFACTURED HOME PARK OR SUBDIVISION:  A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

(NFIP):  The National Flood Insurance Program (NFIP).

PARTICIPATING COMMUNITY:  Also known as an “eligible community”, means a community in which the Administrator has authorized the sale of flood insurance.

PERSON:  Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.

PRINCIPALLY ABOVE GROUND:  That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.

RECREATIONAL VEHICLE:  A vehicle which is:

1.            Built on a single chassis;

2.            Four hundred (400) square feet or less when measured at the largest horizontal projections;

3.            Designed to be self-propelled or permanently towable by a light-duty truck; and

4.            Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REMEDY A VIOLATION:  To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.

RISK PREMIUM RATES:  Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. “Risk premium rates” include provisions for operating costs and allowances.

SPECIAL FLOOD HAZARD AREA:  See “AREA OF SPECIAL FLOOD HAZARD”.

SPECIAL HAZARD AREA:  An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.

START OF CONSTRUCTION:  Includes substantial 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”.

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. 659 §1, 4-4-02)

CHAPTER 420: SIGN REGULATIONS

SECTION 420.010:             PURPOSE AND SCOPE

The purpose of this Chapter is to regulate the construction, alteration and maintenance of all signs so as to protect the property values as well as the character of the various Zoning Districts in the City, to protect health, safety, and morals and to promote the public welfare.  It is the intention of this Chapter to regulate the construction and maintenance of all signs, both for appearance and safety and to provide for the removal of unsafe, unsightly and unlawful signs.  The provisions of this Chapter shall apply within the City limits of Buckner, Missouri.  (Ord. No. 487 §10.1, 11-14-91)

SECTION 420.020:             DEFINITIONS

For the purpose of this Chapter, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

APPROVED COMBUSTIBLE MATERIAL:  Wood, or materials not more combustible than wood and those plastics which, when tested in accordance with American Society for Testing Materials standard methods for test flammability of plastics over 0.050 inch in thickness (D635-44), burn no faster than two and one-half (2½) inches per minute in sheets of  0.060 inch thickness.

AWNING:  Any structure entirely supported by the wall or canopy to which it is attached and which is covered by canvas, cloth or other similar temporary material and/or which can be retracted or rolled to the structure by which it is supported.

BILLBOARDS:  Any off-premises sign that contains more than one hundred (100) square feet in surface area or any one (1) sign face.

CANOPY:  Any structure other than an awning attached to a building at the inner end and projected outward either supported or cantilevered.  A portico shall be considered a canopy for the purpose of this Chapter.

CONTIGUOUS:  For the purposes of Chapter 420 this means land that touches other land with no intervening street, alley, or other public way.

DEVICE, ATTENTION-ATTRACTING:  Banners, pennants, streamers, wind-operating mechanisms, flashing lights and any other type of fluttering or flashing object designed or intended to attract the attention of the public, but shall not include three (3) dimensional signs or those otherwise defined under this Chapter.

ERECT:  To build, construct, attach, hang, place,  suspend or affix a sign to a wall, pole or structure.

FACING OR SURFACE:  Any area of a sign upon, against or through which the advertising message is displayed or illustrated on the sign, including structural trim, which displays or upon which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of a building and which can be seen from a single location on an adjacent street, provided that the ends or thickness of a sign shall not be counted as a separate sign face unless an advertising message is displayed thereon.

FLAG:  A piece of cloth or other flexible material varying in size, shape, color and design, usually attached at one (1) edge to a staff or cord and used as the symbol of a nation, State or City.  May also be imprinted with an advertising message or design.

FRONTAGE:  The length of the lot along the abutting street.  The front of a lot abutting more than one (1) street is considered separate for each street.

INDEXING:  Turning and stopping action of the sections of a multi-prism sign designed to show several messages in the same area.

JUNIOR POSTER PANEL:  A free standing, off-premises sign with less than one hundred (100) square feet of surface area on each sign face.

PERSON:  Any individual, firm, agency, partnership, association, corporation, company or organization of any kind.

PREMISES:  That portion of a lot of record or building occupied by a single occupant, exclusive of common area, if any, shared with adjacent occupants.  Permitted sign area shall be separately calculated for multi-tenant, commercial buildings only when said tenants have a separate entrance for their exclusive use.

SHOPPING CENTER:  Any area containing four (4) or more shops, stores and other places of businesses and providing off-street parking facilities in common for all of the businesses and their customers.

SIGN:  A device, flag, illustration, structure or part of a structure, including structural trim, which displays or upon which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising or promoting the interest of any service, establishment, product or person.  A cross or other religious symbol on a religious building or site shall not be considered a sign.  Sign supports are not a part of the sign for the purpose of computing dimension.

SIGN, ANIMATED:  Any sign which includes action or motion.  For purposes of this Chapter, this term does not refer to flashing, changing or indexing, all of which are separately defined.

SIGN AREA:  The area of the sign face.  The “sign area” of a multi-faced sign is the sum of the sign areas of each face, including structural trim which can be seen from a single location on an adjacent street and which displays or upon which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of the building.  If a sign or letters are attached to building or suspended in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing imaginary straight lines around generally rectangular margins and measuring the area so encompassed by these lines.

SIGN AWNING AND CANOPY:  A sign attached to or illustrated on a canopy or awning, respectively.

SIGN, CHANGEABLE (AUTOMATIC):  An electronically or electrically controlled time, temperature and date sign, message center or readerboard, where different copy changes are shown on the same location.

SIGN, CHANGEABLE COPY (MANUAL):  A sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.

SIGN, CONSTRUCTION:  A temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institution of the project.

SIGN, CREDIT CARD OR CHARGE PLATE:  Any sign advertising the acceptance of, or being a replica of any credit card plate whether national, local or otherwise.

SIGN, DIRECTIONAL:  A sign which indicates a direction for vehicular or pedestrian traffic or other movement.

SIGN, FLASHING:  Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source.  Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classed as “Changeable Signs” not “Flashing Signs”.

SIGN, FLUTTERING:  A sign which flutters and includes pennants, banners, non-official governmental flags or other flexible material which moves with the wind or by some artificial means.

SIGN, FREE STANDING:  Any sign erected, constructed or maintained for the purpose of indicating the name of the business, services, articles and products offered when such sign is supported by one (1) or more uprights, posts, poles or braces placed upon or affixed in the ground and not attached to any building.  (i.e. garage sale, real estate, and auction signs).

SIGN, GROUND:  Any detached sign on the same lot or parcel for the purpose of indicating the name of the business, service, article or product offered, and which has its bottom portion erected upon or supported by the ground, a ground planter box or other support, and which is permanently attached.

SIGN, INSTITUTIONAL OR GOVERNMENTAL:  A sign identifying an institution or government facility.

SIGN, MEMORIAL OR TABLETS:  A sign that denotes the name of a building or site, date of erection, historical significance, dedication or other similar information.

SIGN, NON-CONFORMING:  A legal “non-conforming sign” is a sign, including the framework and support which was lawful when constructed, but has become non-conforming as a result of this Chapter an amendment to this Chapter.  No legal non-conforming sign shall be extended, enlarged or structurally altered; however, non-structural alterations, maintenance or modifications designed to improve the appearance of the sign are permitted and encouraged.

SIGN, OCCUPATIONAL AND/OR IDENTIFICATION:  A sign identifying the name of an organization and/or person(s) occupying a building.

SIGN, OFF-PREMISES:  All signs which advertise a product or business not located on the same lot of record, planned unit development, or premises as the sign.

SIGN, ON-SITE INFORMATIONAL:  A sign located on a commercial, industrial, institutional, governmental, or other site which gives parking, fire protection, traffic flow (other than Directional Signs), height clearance, pedestrian or other similar information and which does not advertise the business or use located on said site, except for drive-in restaurant menu signs which are permitted.

SIGN, POLITICAL:  A temporary sign advocating or opposing any political proposition or candidate for public office.

SIGN PORTABLE:  A sign that is temporarily affixed to one (1) location and which has the capability of being moved from (1) location to another that is not a part of a self-propelled vehicle, said vehicle being designed to perform other ordinary functions other than being a sign.  (A trailer is not a self-propelled vehicle if it must be attached to another self-propelled vehicle.)

SIGN, PROJECTING:  A sign, other than a wall sign, which is attached to and projects from a structure or building face.  The area of double-faced projecting sings are calculated on one (1) face of the sign only.

SIGN, REAL ESTATE:  A sign pertaining only to the prospective rental, lease, or sale of the property on which it is located.

SIGN, ROOF:  Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

SIGN STRUCTURE:  The sign and all parts associated with its construction.

SIGN, SUBDIVISION:  Any entry sign identifying a subdivision entry, subdivision name and/or street names within the subdivision.

SIGN, SUBDIVISION REAL ESTATE:  A temporary real estate sign advertising an entire residential subdivision.

SIGN WALL:  A sign attached to or erected against a wall of a building, with the face parallel to the building wall and extending not more than one (1) foot therefrom including signs attached to a mansard or similar decorative roof.

TEMPORARY:  A specified period not exceeding sixty (60) days.

ZONING ADMINISTRATOR:  Public Works Supervisor or his designee. (Ord. No. 487 §10.2, 11-14-91)

SECTION 420.030:             PERMIT — EXEMPTIONS

It shall be unlawful for any person to erect, structurally alter, or relocate any sign or other advertising structure in the City without first obtaining a permit and making payment of the fee required in Section 420.200 except for Section 420.200 Subsection (2) following, which are exempt from this permit Section:

1.            Real Estate Signs.

2.            Bulletin Boards.

3.            Construction Signs.

4.            Memorial Signs or Tablets.

5.            Traffic or other municipal signs, legal notices, railroad crossing signs, danger and temporary emergency signs, private road, or no trespassing signs.

6.            Political Signs.

7.            Occupational/Identification Signs

8.            Subdivision Entrance Signs.

9.            Copy Change on Legal Existing Signs

10.          Flags of the United States, State of Missouri and City of Buckner.

11.          Garage Sale and Auction Signs

12.          Price signs less than one (1) square foot in area.

13.          Special display.

14.          Church bulletin boards or signs.  (Ord. No. 487 §10.3, 11-14-91)

SECTION 420.040:             CONSTRUCTION MATERIAL

All signs permitted under this Chapter shall be constructed only of approved combustible materials.  (Ord. No. 487 §10.4, 11-14-91)

SECTION 420.050:             SIGNS AND DEVICES PROHIBITED

The following types of signs and devices shall be prohibited, except as noted in the Special Display Section 420.070 (7):

1.            Attention-attracting devices.

2.            Fluttering, except flags permitted under Section 420.020.

3.            Paper, cardboard or other similar non-permanent material signs located outside of a building, except for signs not requiring a permit.

4.            Signs on parking lot light standards other than on-site informational and directional signs as provided for in Section 420.020.  (Ord. No. 487 §10.5, 11-14-91)

SECTION 420.060:             NON-CONFORMING SIGNS

Any sign existing on November 14, 1991, shall be governed by the following provisions of this Section:

1.            Existing church bulletin boards and signs, institutional or governmental signs, memorial signs, or tablet signs shall not be affected by this Chapter, except that should said signs be removed, replaced or substantially altered, they shall be brought into conformity with this Chapter.

2.            It shall be unlawful to enlarge, structurally alter or relocate off premises any existing sign, except in accordance with the provisions of this Chapter.

3.            Any legal non-conforming permanent sign shall within a period of twenty-five (25) years be made to comply with all of the provisions hereof together with all other ordinances of the City applicable thereto, or be removed.  (Ord. No. 487 §10.6, 11-14-91)

SECTION 420.070:             SIGNS IN RESIDENTIAL DISTRICTS

Subject to limitations hereinafter set forth, the following signs shall be permitted in Residential Districts:

1.            Church Bulletin Boards.

2.            Construction Signs.

3.            Directional Signs.

4.            Institutional or Governmental Signs.

5.            Memorial Signs or Tablet Signs.

6.            Political Signs.

7.            Real Estate Signs.

8.            Special Displays.

9.            Subdivision Real Estate Signs.

10.          Subdivision Entrance Signs.

11.          On-site Informational Signs.

12.          Flags of the United States, State of Missouri, and City of Buckner.

13.          Signs which prohibit trespassing or indicate private premises, driveways or roads.

14.          Garage Sale and Auction Signs.

15.          Occupational Signs.  (Ord. No. 487 §10.7, 11-14-91)

SECTION 420.080:             SIGNS ON PROPERTY IN COMMERCIAL “C-1″, “C-2″, AND “C-3″ ZONING DISTRICTS

Subject to limitations hereinafter set forth, only the following signs shall be permitted in Zoning Districts “C-1″, “C-2″ and “C-3″.

1.            All signs and flags permitted in Residential Districts.

2.            Sign, Ground.

3.            Sign, Canopy and/or Awning.

4.            Sign, Occupational and/or Identification.

5.            Sign, Wall.

6.            Free-standing.

7.            Sign, Projecting.

8.            Sign, Roof.

9.            Junior roster panels.  (Ord. No. 487 §10.8, 11-14-91)

SECTION 420.090:             PORTABLE SIGNS

Portable signs are unlawful in all Zoning Districts unless they comply with Section 420.020 regarding grand openings or fall within the requirements of Section 420.020 regarding temporary signs.  (Ord. No. 487 §10.9, 11-14-91)

SECTION 420.100:             STANDARDS FOR SIGNS

The following standards and conditions shall be applicable to the signs listed herein:

1.            Construction signs shall be subject to the following restrictions:

a.            One such sign, not exceeding thirty-two (32) square feet in surface area and a height not exceeding eight (8) feet above street level shall be permitted on the work site of each street frontage.  the signs shall be removed upon completion of the work.

b.            Signs identifying mechanics, painters, architects, general contractor, engineers and similar artisans and workmen, which are attached to or on trailers on the site of construction shall be permitted; provided that upon completion of the project the trailer and signs must be promptly removed.

c.             Construction signs and construction trailers with signs on said trailer shall not be placed on construction sites until an application for a building permit on the subject site has been approved by the City.

2.            Directional signs shall be subject to the following restrictions:

a.            All sign supports and frames shall be of a permanent material.

b.            Signs may be double-faced not to exceed six (6) square feet per face.  Said dimensions shall be exclusive of sign trim or supports.

c.             Signs shall be located so as not to obstruct the view of motorists.

d.            At least fifty percent (50%) of any directional sign face shall contain one of the following words, phrases or similar traffic directions:

1)            “Entrance” or “Entrance only” .

2)            “One-way”.

3)            “Exit” or “Exit Only”.

4)            “Do Not Enter”.

5)            “No Exit” or “No Entrance”.

6)            “Drive-in/thru Window”.

7)            “Right Turn Only” or “No Left Turn”.

8)            “Loading Area”, “Parcel Pickup Area” or “Loading Zone”.

9)            “Service Vehicles Only” or “No Trucks”.

10)          Directional arrows.

e.            In the remaining fifty percent (50%) of the sign face, there may be provided the name of the business center, development or name of the business center, development or name of the use or building, trademark, logo or similar matter.

f.             There shall be no more than two (2) such signs per entry/exit unless said entry/exit is divided by a raised median in which case each side shall be treated as separate entry/exit.

3.            Church/Institutional/Governmental signs shall be subject to the following restrictions:

a.            Shall not be over thirty-six (36) square feet in sign area, nor exceed a total height of seven (7) feet above grade at its base.

b.            No more than (1) sign shall be placed on each road frontage.

c.             Shall be located only on the property of a governmental agency or on not-for-profit institutional property.

d.            No direct light shall be cast upon any residential property from sign illumination.

4.            Memorial signs or tablet signs shall be subject to the following restrictions:

a.            All pre-existing memorial or tablet signs are exempt from this Chapter.

b.            Any new memorial or tablet sign shall not exceed six (6) square feet unless such signs or tablets are placed by ordinance of, or commission of the United States Government, State of Missouri, Jackson County, or the City of Buckner, or agencies thereof.

5.            Political signs shall be subject to the following restrictions:

a.            No greater than thirty two (32) square feet in sign area per sign face.

b.            Shall not be in place for a period longer than thirty (30) days and shall be removed within seven (7) days after the election.

6.            Real Estate, Garage Sale and Auction signs shall be subject to the following restrictions:

a.            Non-illuminated.

b.            Not greater than eight (8) square feet per sign face in residential districts, or thirty-two (32) square feet per sign face in all other districts which shall not be included in the calculation of other permitted sign sizes on a building or site.

c.             Real Estate, Garage Sale and Auction signs giving directions, located on the premises which they do not pertain shall not be in use more than forty-eight (48) hours per week.

d.            Garage Sale, Real Estate, Auction, or any sign giving direction to premises which they do not pertain shall not be attached to any pole, tree, building, or support that does not belong to the individual or individuals placing the signs.

7.            Special Displays shall be subject to the following restrictions:

a.            Temporary signs pertaining to special events may be displayed by any church, not-for-profit institution or governmental agency, provided that such signs are not displayed for a period longer than fifteen (15) days, nor shall any such sign be permitted more often than once each sixty (60) days, nor shall such sign be larger than two hundred (200) square feet.

b.            Temporary advertising devices, such as banners, pennants affixed to poles, wires or ropes and streamers, wind-operated mechanisms and any other type of fluttering device when used for special occasions, may be used no used no more than sixty (60) days per year.

c.             Portable signs not exceeding forty (40) square feet for grand openings, not to exceed thirty (30) days.

d.            The name or logo of the business shall appear on the special display.

8.            Subdivision real estate signs shall not exceed sixty-four (64) square feet per sign face and shall be maintained in good repair and shall be removed when ninety-five percent (95%) of the lots in said subdivision have been sold, subject to the following conditions:

a.            One (1) sign per subdivision entrance; and

b.            Each subdivision may have one (1) off-premises sign located within one thousand (1,000) feet of the exterior boundary of the subdivision.

9.            Subdivision entrance signs shall conform to standards for ground signs and shall be subject to the following restrictions:

a.            May be illuminated, provided such illumination does not shine directly onto adjacent residences.

10.          Flags shall be subject to the following restrictions:

a.            Logo of the business upon which they are flown.

b.            No more than three (3) flags may be flown from a single flagpole at any one time.  The area of flags shall be included in the total allowed area of signage.  (Ord. No. 487 §10.10, 11-14-91)

SECTION 420.110:             WALL, AWNING AND CANOPY SIGNS, PROJECTING AND ROOF SIGNS

Wall, Awning and Canopy Signs, Projecting and Roof Signs relating only to service, name of business, articles and products offered within the building or store to which the sign is attached shall be permitted providing:

1.            Shall not exceed ten percent (10%) of the area of the largest exposed wall of the building on which the sign(s) is/are to be installed and shall not extend above the roof line more than four (4) feet.  The area limitation shall include any special display such as banners.

2.            A wall sign shall not project beyond the plane of the wall for a distance of more than twelve (12) inches except for wall signs mounted on a mansard roof.

3.            Shall not exceed ten percent (10%) of the area of the building wall on which signs are installed, including the area of a roof sign.  (Ord. No. 487 §10.11, 11-14-91)

SECTION 420.120:             OCCUPATIONAL AND/OR IDENTIFICATION SIGNS

Occupational and/or Identification signs shall be subject to the Zoning Regulations of the City of Buckner, Missouri.  (See Chapter 400 of this Code).  (Ord. No. 487 §10.12, 11-14-91)

SECTION 420.130:             GROUND SIGNS

Ground signs shall be subject to the following restrictions:

1.            Located so as to not obstruct vision at an intersection or a vehicular entry or exit from the property.

2.            May be supported by posts or poles that are not less than six (6) inches and do not exceed a height of two (2) feet plus a planter box, if used.  The sign shall not exceed a height of six (6) feet above the prevailing grade, nor a length of eight (8) feet.

3.            The maximum size of ground signs shall be forty-eight (48) square feet. (Ord. No. 487 §10.13, 11-14-91)

SECTION 420.140:             FREE-STANDING SIGNS

Free-standing signs shall be subject to the following restrictions:

1.            One (1) free-standing sign shall be allowed for each building fronting a public street.  The foregoing, however, is subject to the specific provisions of this Chapter regarding the total number of signs allowed for each business, as provided for in Section 420.170 of this Chapter.

2.            The bottom of the signs shall be at least eight (8) feet above the main ground level on which the sign is placed, and shall not exceed a height of thirty-five (35) feet above the nearest adjacent street level.

3.            Every free-standing sign shall be constructed and anchored securely and meet the following specifications:

a.            Over (30) feet to top of sign – thirty-three (33) pounds per square foot WMD load; and

b.            Under thirty (30) feet to top of sign – twenty-eight (28) pounds per square foot WMD load; based on soil compaction of three thousand (3,000) pounds per square foot.

4.            A free-standing sign may have an area of sixty (60) square feet, or three-fourths (3/4) square feet of sign face for every foot of frontage of the business advertised, whichever is greater; however, the maximum allowable size for any free-standing sign shall be one hundred (100) square feet.

5.            The sign must be so located that no part of it projects beyond a one (1) foot setback line from the property line of the street on which it abuts, or closer than one (1) foot to an interior property line.  (Ord. No. 487 §10.14, 11-14-91)

SECTION 420.150:             ON-SITE INFORMATIONAL SIGNS

On-site informational signs shall be subject to the following restrictions:

1.            Shall not be more than six (6) square feet per sign face, nor exceed a height of ten (10) feet from ground level; and

2.            Shall be constructed of permanent, weather-proof materials.  (Ord. No. 487 §10.15, 11-14-91)

SECTION 420.160:             BILLBOARDS

Billboards shall not be permitted in the City of Buckner.  (Ord. No. 487 §10.16, 11-14-91)

SECTION 420.170:             LIMITATIONS OF SIGNAGE PER BUSINESS

All wall, projecting, roof, free-standing and ground signs shall be governed by the following restrictions:

1.            There shall be no more than two (2) different types of signs on the same side/top of a building or site frontage, except:

On multi-tenant building and shopping centers a free-standing sign shall be permitted for every three hundred (300) feet of frontage or fraction thereof.

2.            The total signage of all signs except free-standing and ground signs shall not exceed ten (10%) of the area of the largest exposed wall.  (Ord. No. 487 §10.17, 11-14-91)

SECTION 420.180:             GENERAL RESTRICTIONS ON SIGN REGULATIONS AND MAINTENANCE AND VIOLATIONS OF THIS CHAPTER

Except as hereinafter provided, all signs shall be subject to the following general construction standards and maintenance standards:

1.            The Zoning Administrator, or his designee, shall initiate the necessary procedures to remove any sign of immediate danger or hazard to persons or property, as provided in the City’s Building Code relating to the abatement of dangerous buildings.

2.            No signs or other advertising structure regulated by this Chapter shall be erected in such a manner as to obstruct free and clear vision;  or at any location where, by reason of its position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words “stop”, “look”, “drive-in”, “danger”, or any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

3.            All outdoor signs and supports shall be weather-resistant and shall be maintained in good repair so as to prevent rust, peeling, flaking or fading.  Broken panels, missing letters, flaking or peeling paint and other visual damage to a sign shall be repaired within forty-five (45) days of notice to repair.

4.            Illuminated signs shall be subject to the following restrictions:  All illumination shall be oriented so as to prevent casting light onto residential properties.

5.            Signs to be removed from premises:  Any on-premises sign which advertises a business no longer conducted or a product no longer sold on the premises or lot shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is erected within thirty (30) days after the business or product is no longer in operation or being produced or sold on premises, or within ten (10) days of notification from the Zoning Administrator, or his designee, whichever occurs first.

6.            All signs on a single parcel or lot occupied by multi-tenants and all signs in a commercial or industrial planned unit development shall be subject to the following restrictions:

a.            Shall be of uniform height, proportions, background colors(s), materials and location in relationship to the business and generally uniform thickness, appearance and illumination.

b.            For any new building or for any existing building which is more than fifty percent (50%) vacant, and which does not have approved uniform standards, the building owner shall submit with, or prior to, the first (1st) or (or next)  sign permit application, a list of requested uniform standards for said building for approval.  No sign permit shall be issued except in conformity with the uniform standards.

c.             Non-conforming signs owned by tenants under a current lease in a multi-tenant building shall not be affected.

d.            Non-governmental signs shall not be allowed to be placed upon street right-of-way and any so located must be removed within sixty (60) days after passage or notification by the Zoning Administrator.  (Ord. No. 487 §10.18, 11-14-91)

SECTION 420.190:             SIGN PERMITS AND FEES REQUIRED

All signs except those signs identified in Section 420.020 shall require the issuance of a sign permit prior to erection, relocation or alterations, provided that such signs fully comply with the definitions and specifications of this Chapter.(Ord. No. 487 §10.19, 11-14-91)

SECTION 420.200:             APPLICATION FOR SIGN PERMIT

Application for any permit shall be subject to the following conditions:

1.            Application for any permit required for any sign not included in Section 420.060 hereof, shall be made upon forms provided by the Zoning Administrator.

2.            Fees for processing the application and sign inspection shall be twenty-five dollars ($25.00), which sum is non-refundable after the application is submitted.

3.            The Zoning Administrator shall, within fifteen (15) days, review said permit application and either approve or reject and return same to applicant or make it otherwise available to the applicant.

4.            If the work authorized under any sign permit has not been completed within six (6) months after the date of approval, it shall become null and void.  (Ord. No. 487 §10.20, 11-14-91)

SECTION 420.210:             ENFORCEMENT

A.            Violation of any of the provisions of this Chapter is hereby declared to be unlawful; and, except as provided elsewhere herein, the Zoning Administrator, or his designee, shall be responsible for the enforcement of this Chapter, and may at any time he deems necessary, inspect any sign structure regulated by this Chapter.

B.            Written Notice to be Given of Violations:

1.            If it is found that a sign is in violation of this Chapter, the Zoning Administrator, or his designee, shall give written notice to the owner of the sign; or if the owner cannot be located within thirty (30) days by the Zoning Administrator, to the owner of the premises on which the sign is located; or if the sign erection is not complete, to the sign erector stating:

That failure to comply, or to make good faith efforts to comply with the terms of this notice shall constitute grounds for the Zoning Administrator to initiate prosection or enforcement in the appropriate judicial forum as determined by the City Attorney.  (Ord. No. 487 §10.21, 11-14-91)

SECTION 420.220:             APPEALS AND VARIANCES

Within the purview of its jurisdiction, the Board of Zoning Adjustment is empowered to review or modify the Zoning Administrator’s, or his designee’s order or determination with respect to signs covered by this Chapter and may consider variances as provided by State Statutes.  (Ord. No. 487 §10.22, 11-14-91)

SECTION 420.230:             VIOLATION OF CHAPTER PROVISIONS

A.            It shall be unlawful for any person to violate any provisions of this Chapter.

B.            Upon conviction, a person found violating any provision of this Chapter shall be fined an amount not to exceed five hundred ($500.00) dollars.  (Ord. No. 487 §10.23, 11-14-91)

CHAPTER 425: COMMUNICATION TOWER REGULATIONS

ARTICLE I.  DEFINITIONS AND INTRODUCTION

SECTION 425.010:             INTRODUCTION

New technologies and the Federal Telecommunications Act of 1996 are resulting in a broad array of communications services being established.  The Telecommunications Act promotes competition among providers of all forms of telecommunications services and limits in some respects the ability of local governments to regulate the availability of these services.  (Ord. No. 557, 4-10-97)

SECTION 425.020:             DEFINITIONS

For the purpose of this Chapter, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

ALTERNATE TOWER STRUCTURE:  Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ACT:  The Communications Act of 1934, as it has been amended from time to time, including by Telecommunications Act of 1996, and shall include future amendments to the Communications of 1934.

AFFILIATE:  When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator’s principal; partners, shareholders, or owners of some other ownership interest; and when used in relation to the City/County, any agency, board, authority or political subdivision affiliated with the City/County or other person in which the City/County has a legal financial interest.

ANTENNA:  Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as whips but not including satellite earth stations.

BAND:  A clearly defined range of radio frequencies dedicated to particular purpose.

BROADCAST:  To transmit information over the airwaves to two (2) or more receiving devices simultaneously.  Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.

CELL SITE:  A tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary use to cellular communication transmission.

CELLULAR SERVICE:  A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmitter sites called cell sites, either to the public switched network or to other mobile cellular phones.

CHANNEL:  A segment of a frequency band.  Also referred to simply as “frequency”.

CO-LOCATION:  Locating wireless communications equipment from more than one (1) provider on a single site.

COMMUNICATION TOWER:  A guyed, monopole, or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one (1) or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

CROSS BAR:  A structure at or near the top of the low power mobile radio service telecommunications facility which provides support and horizontal separation for the antenna(s).

DIRECTIONAL ANTENNA:  An antenna or array of antennas designed to concentrate a radio signal in a particular area.

DISH ANTENNA:  A dish-like antenna used to link communications sites together by wireless transmission of voice or data.  Also called microwave antenna or microwave dish antenna.

EFFECTIVE RADIATED POWER (ERP):  The product of the antenna power input and the numerically equal antenna power gain.

ENHANCED SPECIALIZED MOBILE RADIO (ESMP):  A specialized mobile radio network which utilizes integrated digital enhanced network.

FAA:  The Federal Aviation Administration.

FCC:  The Federal Communications Commission.

FREESTANDING LOW POWER MOBILE RADIO SERVICE FACILITY:  A low power mobile radio service telecommunications facility that consists of a stand-alone support structure, antennas and associated equipment.  The support structure may be a wooden pole, steel monopole, lattice tower, light standard, or other vertical support.

FREQUENCY:  The number of cycles completed each second by a sound wave; measured in hertz (HZ).

GOVERNING AUTHORITY:  The governing authority of the City/County.

GUYED TOWER:  A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

INTERFERENCE:  Disturbances in reception caused by intruding signals or electrical current.

LAND MOBILE SYSTEMS:  Two-way radio service for mobile and stationary units in which each user is assigned a particular frequency.

LATTICE TOWER:  A guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications equipment.

LICENSE:  The rights and obligations extended by the City/County to an operator to own, construct, maintain, and operate its system within the boundaries of the City/County for the sole purpose of providing services to persons or areas outside the City/County.

LOW POWER COMMERCIAL MOBILE RADIO NETWORK:  A system of low power commercial telecommunications facilities which allow wireless conversation to occur from site to site.

LOW POWER TELECOMMUNICATIONS FACILITY:  An unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power (ERP), including but not limited to the following:

1.            Point-to-point microwave signals.

2.            Signals through FM radio translators.

3.            Signals through FM radio boosters under ten (10) watts effective radiated power (ERP).

4.            Cellular, enhanced specialized mobile radio (ESMS) and personal communications networks (PCN).

5.            Private low power mobile radio service.

MHZ:  Megahertz or one million (1,000,000) Hz.

MIRO-CELL:  A low power mobile radio service telecommunications facility used to provide increased capacity in high cell-demand areas or to improve coverage in areas of weak coverage.

MICROWAVE:  Electromagnetic radiation with frequencies higher than one thousand (1,000) Mhz; highly directional signal used to transmit frequencies from point to point at a relatively low power level.

MICROWAVE ANTENNA:  A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.

MONOPOLE TOWER:  A communication tower consisting of a single pole, constructed without guy wires and ground anchors.

MW/cm2 (MICROWATTS PER SQUARE CENTIMETER):  A measurement of the radio frequencies hitting a given area.

OMNIDIRECTIONAL ANTENNA:  An antenna that is equally effective in all directions and whole size varies with the frequency and gain for which it is designated.

PANEL ANTENNA:  An antenna that transmits signals in specific directions and typically square or rectangular in shape.

PERSONAL COMMUNICATIONS SERVICES (PCS):  Digital wireless telephone technology such as portable phones, pagers, faxes and computers.  Such mobile technology promises to allow each consumer to use the same telephone number wherever he/she goes.  Also known as personnel communications network (PCN).

PRIVATE LOW POWER MOBILE RADIO SERVICE:  All other forms of wireless telecommunications which have similar physical facilities to a low power commercial radio service but do not meet the definition of commercial mobile radio service.

PUBLIC PROPERTY:  Any real property, easement, right-of-way, air space, or other interest in real estate, including a street, owned or controlled by the City/County or any other governmental unit.

REPEATER:  A low power mobile radio service telecommunications facility that extends coverage of cell to areas not covered by the originating cell.

SELF-SUPPORT TOWER:  A communication tower that is constructed without guy wires and ground anchors.

SPECIALIZED MOBILE RADIO (SMR):  A mobile radio which is utilized in conjunction with an enhanced special mobile radio network, which includes dispatch and interconnect services.

TOWER:  Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers.  The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

VHF:  Very high frequency with bands from 30–300 Mhz; includes FM radio, VHF-TV and some land mobile and common carriers.

WAVELENGTH:  The distance between points of corresponding phases of a periodic wave of two (2) constant cycles.  Wavelength = wave velocity/frequency.  (Ord. No. 557, 4-10-97)

ARTICLE II.  GENERAL PROVISIONS

SECTION 425.030:             RADIO FREQUENCY RADIATION

The tower and facilities shall meet all Federal Communications Commission requirements for radio frequency emissions.  (Ord. No. 557, 4-10-97)

SECTION 425.040:             FEDERAL REQUIREMENTS

A.            It is the responsibility of the carrier to promptly resolve any electromagnetic interference problems created per FCC regulations.

B.            All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate towers and antennas.  If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.  Any such removal by the governing authority shall be in a manner provided.  (Ord. No. 557, 4-10-97)

SECTION 425.050:             BUILDING CODES — SAFETY STANDARDS

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.  If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards.  If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may (order the removal or cause the removal of) such tower at the owner’s expense.  (Ord. No. 557, 4-10-97)

SECTION 425.060:             REMOVAL OF ABANDONED TOWERS

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment.  If such antenna or tower is not removed within said ninety (90) days, the governing authority may remove such antenna or tower at the owner’s expense.  If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.  (Ord. No. 557, 4-10-97)

SECTION 425.070:             INSPECTION

At least every twelve (12) months, the tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communication towers.  At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the Electronics Industries Association (EIA) Standard 222, “Structural Standards for Steel Antenna Towers And Antenna Support Structures”.  A copy of such inspection record shall be provided to the City.  (Ord. No. 557, 4-10-97)

SECTION 425.080:             AUTHORITY TO TRIM TREES

An operator shall have authority to trim trees and shrubbery upon and overhanging streets and other public property so as to prevent the branches and foliage of such trees and shrubbery from coming in contact and interfering with the wires, cables and other facilities of an operator.  All trimming shall be done under the supervision and direction of the City.  (Ord. No. 557, 4-10-97)

SECTION 425.090:             PENALTIES

This Chapter shall be in full force and effect upon its enactment and approval, and any person found to be in violation of any of the provisions of this Chapter shall be subject to a fine of up to five hundred dollars ($500.00) for each day of violation.  (Ord. No. 557, 4-10-97)

SECTION 425.100:             UNDERGROUND PLACEMENT OF CABLES, WIRES AND FACILITIES

In all areas of the City where the cables, wires and other like facilities of public utilities exist underground, or are required by the City to be placed underground, an operator shall also place its cables, wires, or other facilities underground.  (Ord. No. 557, 4-10-97)

SECTION 425.110:             DISTURBANCES

In the case of any disturbance to a street or other public property, caused by an operator during the course of constructing or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or other public property disturbed in as good or better condition as before the disturbance in accordance with applicable Federal, State and local laws, rules, regulations or administrative decisions.  The duty to restore the street or other public property shall include the repair of any area identified by the Director of Public Works as being weakened or damaged as a result of a cut or to other invasion of the pavement of a street or other public property.  (Ord. No. 557, 4-10-97)

ARTICLE III.  TOWER AND ANTENNA LOCATION AND DEVELOPMENT STANDARDS

SECTION 425.120:             PERMITTED BY RIGHT

Towers are permitted in commercial districts.  (Ord. No. 557, 4-10-97)

SECTION 425.130:             ADMINISTRATIVE APPROVAL

Planning and Zoning Commission and the Board of Aldermen may approve the locating of a tower in any zoning district other than commercial provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed, and that the Commission and Board concludes the tower conforms with the goals of this Chapter.  (Ord. No. 557, 4-10-97)

SECTION 425.140:             SPECIAL USE PERMITS

Special use permits are required in all zoning districts for communications towers.  (Ord. No. 557, 4-10-97)

SECTION 425.150:             NOT PERMITTED

No form of tower or antenna is permitted in any single-family residential district, or in any planned or commercial office district.  (Ord. No. 557, 4-10-97)

SECTION 425.160:             HEIGHT AND SETBACK LIMITATIONS

A.            Towers are permitted to a maximum height of one hundred (100) feet in industrial park and planned industrial park districts.  Fifty (50) additional feet may be added to accommodate co-location if the applicant submits information certifying the capacity of the tower for two (2) additional providers and a letter of intent from the applicant indicating their intent to share space.  A lighting rod, not to exceed ten (10) feet shall not be included within the height limitations.

B.            Fall zones shall be equal to half (½) the height of the tower, at least fifty (50) feet from the property line and five hundred (500) feet from any residential structure.  (Ord. No. 557, 4-10-97)

SECTION 425.170:             SEPARATION

In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety (90) feet in height shall not be located within one-quarter (¼) of a mile from any existing tower that is over ninety (90) feet in height.  (Ord. No. 557, 4-10-97)

SECTION 425.180:             AESTHETICS

A.            All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.  Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA).  Towers should be a galvanized finish or painted gray or light blue unless other standards are required by the FAA.  In all cases, monopole towers shall be preferable to guyed towers or freestanding structures.  Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

B.            If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.  (Ord. No. 557, 4-10-97)

SECTION 425.190:             SCREENING AND FENCING

Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the governing authority may waive such requirements, as it deems appropriate.  (Ord. No. 557, 4-10-97)

SECTION 425.200:             LIGHTING

Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA).  (Ord. No. 557, 4-10-97)

SECTION 425.210:             LANDSCAPING

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property.  The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.  (Ord. No. 557, 4-10-97)

ARTICLE IV.  LOCAL ZONING AUTHORITY OVER WIRELESS TELECOMMUNICATIONS FACILITIES

SECTION 425.220:             CONDITIONS TO LOCAL ZONING REQUIREMENTS

The Telecommunications Act of 1996 requires local government zoning decisions about wireless telecommunications facilities to satisfy the following five (5) conditions:

1.            Local zoning requirements may not unreasonably discriminate among wireless telecommunications providers that compete against one another.

2.            Local zoning requirements may not prohibit or have the effect of prohibiting the provision of wireless telecommunications service.

3.            A local government must act on a request for permission to place or construct wireless telecommunications facilities within a reasonable period of time.

4.            Any City or Zoning Board decision denying permission to install or construct wireless telecommunications facilities must be in writing and must be based on evidence in a written record before the Council or Board.

5.            As long as wireless telecommunications facilities meet standards to be set by the FCC, a local government may not base any decision denying a request to construct such facilities on the ground that radio frequency emissions from the facilities will be harmful to the environment or health of residents.  (Ord. No. 557, 4-10-97)

On September 11, 2009 Mayor Neidel, Several Aldermen,City Employees, Police Department, Fort Osage Fire Department and Local Citizens joined at the VFW Memorial site to honor and remember those lost on this tragic day. Pastor Bob Kaps did the invocation and a medley of patriotic songs. John Yokum from the Fort Osage Fire Department gave a very moving speech about what his experience on September 11. Many thanks goes to City Clerk Jerry Shrout for organizing the event.

TRAFFIC CODE

CHAPTER 300:

GENERAL PROVISIONS

SECTION 300.010:             MODEL TRAFFIC CODE — ADOPTION AND EXCEPTIONS

Chapter 300, RSMo., consisting of Sections 300.010 through 300.600, commonly known as the “Model Traffic Ordinance” is hereby adopted as and for the traffic ordinance of this City with like effect as if recited at length herein, with the exception of the following Section of said Model Traffic Ordinance, which is not so adopted and which is expressly deleted:  Section 300.145.  (CC 1979 §76.010)

SECTION 300.020:             DEFINITIONS

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

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

ALL-TERRAIN VEHICLE:  Any motorized vehicle manufactured and used exclusively for off-highway use which is fifty (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:  All territory contiguous to and including South Hudson Street from Adams Street to the railroad tracks; all areas on Washington Street from South Hudson to Central Street.

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 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 (2) wheeled or three (3) 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, co-partnership, association or corporation.

POLICE OFFICER:  Every Officer of the Municipal Police Department or any Officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

PRIVATE ROAD OR DRIVEWAY:  Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

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 (2) or more separate roadways the term ROADWAY as used herein shall refer to any such roadway separately but not to all such roadways collectively.

SAFETY ZONE:  The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

SIDEWALK:  That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

STAND OR STANDING:  The halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

STOP:  When required, complete cessation from movement.

STOP OR STOPPING:  When prohibited, any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic control sign or signal.

STREET OR HIGHWAY:  The entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel.  “State Highway”, a highway maintained by the State of Missouri as a part of the State Highway system.

THROUGH HIGHWAY:  Every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this Title.

TRAFFIC:  Pedestrians, ridden or herded animals, vehicles, 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.   (CC 1979 §76.010; RSMo. §300.010; Ord. No. 646 §2, 8-2-01)

SECTION 300.030:             GENERAL PENALTY

If any person shall be found guilty of violating any of the provisions of this Title they shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by imprisonment for a period of not less than one (1) day nor more than thirty (30) days, or by both such fine and imprisonment.  (CC 1979 §76.140)

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.  (CC 1979 §76.020; 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.   (CC 1979 §76.010; 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) 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.  (CC 1979 §76.010; 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.  (CC 1979 § 76.010; 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. (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.055)

SECTION 305.100:             CITY TRAFFIC ENGINEER

A.            The office of City Traffic Engineer is established.  The City Street Superintendent 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 City Street Superintendent shall not receive additional compensation by reason of his holding the office of City Traffic Engineer.

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.  (CC 1979 §76.030; RSMo. §300.060)

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.  (CC 1979 §76.010; 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, the Chairman of the Board of Aldermen 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.075)

SECTION 310.020:             OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS

No person shall willfully fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department Official.   (CC 1979 §76.010; RSMo. §300.080)

SECTION 310.030:             PERSONS PROPELLING PUSH CARTS OR RIDING ANIMALS TO OBEY TRAFFIC REGULATIONS

Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this Title applicable to the driver of any vehicle, except those provisions of this Title which by their very nature can have no application.   (CC 1979 §76.010; RSMo. §300.085)

SECTION 310.040:             USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.  This Section shall not apply upon any street while set aside as a play street as authorized by ordinance of the City.   (CC 1979 §76.010; RSMo. §300.090)

SECTION 310.050:             PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS

The provisions of this Title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County, or City and it shall be unlawful for any said driver to violate any of the provisions of this Title, except as otherwise permitted in this Title.   (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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 in 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 in 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.  (CC 1979 §76.010; RSMo. §300.120)

SECTION 310.110:             LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT

A.            A person commits the offense of leaving the scene of a motor vehicle accident when, being the operator or driver of a vehicle on the highway or on any  publicly or privately owned parking lot or parking facility generally open for use by the public and, knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of injury, damage or accident without stopping and giving his name, residence, including City and street number, motor vehicle number and driver’s license number, if any, to the injured party or to a Police Officer, or if no officer is in the vicinity, then to the nearest Police Station or Judicial Officer.

B.            Leaving the scene of a motor vehicle accident is a misdemeanor.

C.            For the purposes of this Section, all Peace Officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned parking lot or parking facility for the purposes of investigating an  accident and performing all necessary duties regarding such accident.

SECTION 310.120:             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 prevention 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.   (CC 1979 §76.010; RSMo. §300.125)

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.  (CC 1979 §76.010; RSMo. §300.130)

SECTION 315.020:             MANUAL AND SPECIFICATIONS FOR TRAFFIC CONTROL DEVICES

All traffic control signs, signals and devices shall conform to the manual and specifications approved by the State 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.  (CC 1979 §76.010; RSMo. §300.135)

SECTION 315.030:             OBEDIENCE TO TRAFFIC CONTROL DEVICES

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Title, unless otherwise directed by a traffic or Police Officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Title. (CC 1979 §76.010; RSMo. §300.140)

SECTION 315.040:             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.  (CC 1979 §76.010; RSMo. §300.150)

SECTION 315.050:             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 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 315.060, 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 315.060 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 315.060, 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.  (CC 1979 §76.010; RSMo. §300.155)

SECTION 315.060:             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.  (CC 1979 §76.010; RSMo. §300.160)

SECTION 315.070:             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.

                3.            A flashing yellow (caution signal).  When a yellow lens is illuminated with rapid intermittent flashes in a school crossing zone means the drivers need to be prepared to stop at the crosswalk and shall not exceed the speed limit.  If the driver exceeds the school zone speed limit while the yellow lights are flashing, the fine shall be doubled.

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.  (CC 1979 §76.010; RSMo. §300.165; Ord. No. 740 §§1–2, 4-6-06)

SECTION 315.080:             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.  (CC 1979 §76.010; RSMo. §300.170)

SECTION 315.090:             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.  (CC 1979 §76.010; RSMo. §300.175)

SECTION 315.100:             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.  (CC 1979 §76.010; RSMo. §300.180)

SECTION 315.110:             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.  (CC 1979 §76.010; RSMo. §300.195)

SECTION 315.120:             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.   (CC 1979 §76.010; RSMo. §300.200)

CHAPTER 320:

SPEED REGULATIONS

Cross Reference — As to specific speed limits, see Schedule II of this Title.

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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.210)

SECTION 320.030:             RACING ON STREETS AND HIGHWAYS

No person shall drive any vehicle on a street or highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.  (CC 1979 §76.120)

SECTION 320.040:             SLOW SPEED — REGULATION OF

No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.  Peace officers may enforce the provisions of this Section by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver is a misdemeanor.  (RSMo. §304.011)

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 (½) of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered.  Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

                3.            Left turns on other than two-way roadways.  At any intersection where traffic is restricted to one (1) direction on one (1) or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.   (CC 1979 §76.010; RSMo. §300.225)

SECTION 325.040:             OBEDIENCE TO NO-TURN SIGNS

Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.  (CC 1979 §76.010; RSMo. §300.230)

SECTION 325.050:             LIMITATIONS ON TURNING AROUND

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.  (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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 centerline of the roadway.

B.            It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this Section.   (CC 1979 §76.010; RSMo. §300.250)

CHAPTER 335:

STOP AND YIELD INTERSECTIONS, RAILROAD CROSSINGS

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.  (CC 1979 §76.010; RSMo. §300.255)

                                Cross Reference — As to specific streets, see Schedule I of this Title.

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.  (CC 1979 §76.010; 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 a 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.  (CC 1979 §76.010; RSMo. §300.265)

SECTION 335.040:             STOP AND YIELD SIGNS

A.            The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

B.            Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  (CC 1979 §76.010; RSMo. §300.270)

SECTION 335.050:             VEHICLE ENTERING STOP INTERSECTION

Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Subsection (B) of Section 335.040, and after having stopped shall yield the right of way to any vehicle which 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.   (CC 1979 §76.010; RSMo. §300.275)

SECTION 335.060:             VEHICLE ENTERING YIELD INTERSECTION

The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way.  (CC 1979 §76.010; RSMo. §300.280)

SECTION 335.070:             EMERGING FROM ALLEY, DRIVEWAY OR BUILDING

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.  (CC 1979 §76.010; RSMo. §300.285)

SECTION 335.080:             STOP WHEN TRAFFIC OBSTRUCTED

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.295)

CHAPTER 340:

MISCELLANEOUS DRIVING RULES

                                Cross Reference — Provisions concerning driving regulations in city park, see ch. 250.

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.  (CC 1979 §76.010; RSMo. §300.300)

SECTION 340.020:             CROSSING FIRE HOSE

No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.  (CC 1979 §76.010; RSMo. §300.305)

SECTION 340.030:             DRIVING THROUGH FUNERAL OR OTHER PROCESSION

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Title.  This provision shall not apply at intersections where traffic is controlled by traffic control signals or Police Officers.  (CC 1979 §76.010; RSMo. §300.310)

SECTION 340.040:             DRIVING IN PROCESSION

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.  (CC 1979 §76.010; RSMo. §300.315)

SECTION 340.050:             FUNERAL PROCESSION TO BE IDENTIFIED

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the Traffic Division.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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 on a permanent or temporary driveway.  (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.710(A); RSMo. 300.345)

SECTION 340.110:             MOTORCYCLES — SAFETY HELMETS REQUIRED — STANDARDS FOR HELMETS

No person shall operate or occupy as a passenger any motor scooter, motor bike or motorcycle upon any public street, alley, thoroughfare or any public park within the City unless such person is wearing a type of safety helmet or headgear, the minimum protective standards and specifications for which shall be determined by the Director of Revenue of the State of Missouri.  (CC 1979 §76.680)

SECTION 340.120:             APPLICABILITY OF TRAFFIC LAWS TO PERSONS RIDING MOTOR SCOOTERS

Every person riding a motor scooter upon a street shall be granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle except as to special regulations in this Title.  (CC 1979 §76.690)

SECTION 340.130:             ALL-TERRAIN VEHICLES, PROHIBITED — EXCEPTIONS, OPERATION OF UNDER AN EXCEPTION — PROHIBITED USES — PENALTY

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.            All-terrain vehicles whose operators carry a special permit issued by this City pursuant to Section 304.013, RSMo.

B.            No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo., within any stream or river in this City, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossing as are customary or part of the highway system.  All Law Enforcement Officials or Peace Officers of this State and its political subdivisions shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.

C.            A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid 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, and 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 misdemeanor.  (CC 1979 §76.010; RSMo. §300.348)

SECTION 340.140:             UNLICENSED ALL-TERRAIN VEHICLES PROHIBITED

A.            In order to promote the safe movement of traffic and pedestrians upon the streets and sidewalks of the City of Buckner, the operation of unlicensed “All-Terrain Vehicles”  upon the public streets, alleyways, and sidewalks of the City of Buckner is prohibited.

B.            For the purpose of this Section, the term “all-terrain vehicle”  shall include all three (3) and four (4) wheeled vehicles designed primarily for use over terrain other than paved streets.

C.            For the purpose of this Section, “license” refers to a State license that a vehicle receives in order to be operated on a public street or highway within a State.

D.            Any person violating this Section shall be subject to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).  (Ord. No. 452 §§1-4, 6-4-87)

SECTION 340.150:             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.   (CC 1979 §76.010; RSMo. §300.350)

SECTION 340.160:             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.   (CC 1979 §76.010; RSMo. §300.355)

SECTION 340.170:             DRIVING THROUGH SAFETY ZONE PROHIBITED

No vehicle shall at any time be driven through or within a safety zone.  (CC 1979 §76.010; RSMo. §300.365)

SECTION 340.180:             CARELESS DRIVING

Any person who drives any vehicle within the City carelessly and heedlessly, in disregard of the rights for safety of others;  or without due caution and circumspection;  or at a speed and in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of careless driving.  (CC 1979 §76.130)

SECTION 340.190:             MECHANICALLY DEFECTIVE MOTOR VEHICLES

No person shall operate a motor vehicle, trailer, pole trailer, or semitrailer in this City  which is in such defective mechanical condition as to be reasonably likely, because of such defective mechanical condition, to cause damage to persons or property while being so operated.  (Ord. No. 439 §76.135, 6-5-86)

SECTION 340.200:             SEAT BELTS AND CHILD RESTRAINT DEVICES

A.            Except as otherwise provided in this Section, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway Transportation Act requirements, except that a child less than four (4) years of age shall be protected as required in Subsection (E) of this Section.

B.            Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.

C.            With respect to Subsections (A) and (B) of this Section:

                1.            No person shall be stopped, inspected or detained solely to determine compliance with Subsection (A) of this Section.

                2.            The provisions of Subsections (A) and (B) of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his/her body or to any person employed by the United States Postal Service while performing duties for that Federal agency which requires the operator to service postal boxes from their vehicles, or which require frequent entry into and exit from their vehicles.

                3.            As used in Subsections (A) and (B) of this Section, the term “passenger car” means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that, the term “passenger car” shall not include, motorcycles, motorized bicycles, motortricycles and trucks with a gross weight of twelve thousand (12,000) pounds or more.

D.            Each person who violates the provisions of Subsections (A) or (B) of this Section shall, upon conviction, be subject to a fine not to exceed ten dollars ($10.00) in amount.  All other provisions of law and court rules to the contrary notwithstanding, no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.

E.            Every person transporting a child under the age of four (4) years on the streets or highways of this City shall be responsible for transporting such child in a child passenger restraint system approved by the Missouri Department of Public Safety.  Any person who violates this Subsection shall, upon conviction, be punished by a fine of not more than twenty-five dollars ($25.00) and court costs.  (Ord. No. 456 §76.160, 11-5-87; Ord. No. 568 §1, 12-4-97)

SECTION 340.205:             RIDING IN UNENCLOSED TRUCK BEDS

A.            No person shall operate any truck with a licensed gross weight of less than twelve thousand (12,000) pounds on any street or highway in this City when any person under the age of eighteen (18) years of age is riding in the unenclosed bed of such truck, when such truck is in operation.

B.            The provisions of Subsection (A) shall not apply to:

                1.            An employee engaged in the necessary discharge of the employee’s duty when it is necessary to ride in the unenclosed bed of such truck;

                2.            Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of a truck;

                3.            Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;

                4.            Any person riding in the unenclosed bed of a truck if such truck has installed a method of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

                5.            Any person riding in the unenclosed bed of a truck, if such truck is being operated solely for the purpose of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating.  “Special event” for the purpose of this Section, is a specific, social activity of a defined duration which is participated in by the person riding in the unenclosed bed;

                6.            Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purpose of providing assistance to or ensuring the safety of other persons engaged in a recreational activity; or

                7.            Any person by the family of the person riding in the unenclosed bed, and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck.  For the purpose of this Subsection, the term “family” riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed, and insured vehicle owned shall mean any person related within the first degree of consanguinity.

C.            Penalty.  Any person who violates any provision of this Section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of no more than twenty-five dollars ($25.00) for each and every violation.  (Ord. No. 568 §§2–3, 12-4-97)

SECTION 340.210:             SCHOOL BUS — STOPS — PASSING WHILE STOPPED

A.            The driver of a vehicle upon a highway upon meeting or overtaking from either direction, any school bus which has stopped on the highway for the purpose of receiving or discharging any school children, and whose driver has in the manner prescribed by law given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signaled by its driver to proceed.

B.            Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words “School Bus” in letters not less than eight (8) inches in height.  Each bus shall have lettered on the rear in plain and distinct type the following:  “State Law:  Stop While Bus is Loading and Unloading.”  Each school bus subject to the provisions of Section 304.050 to 304.070, RSMo., shall be equipped with a mechanical and electrical signaling device approved by the State Board of Education, which will display a signal plainly visible from the front and rear and indicating intention to stop.

C.            The driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the State Board of Education, to communicate to drivers of other vehicles that students are loading or unloading.  No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four (4) or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two (2) lanes of traffic; nor shall he take on or discharge passengers while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least three hundred (300) feet in each direction to drivers of other vehicles upon the highway and then only for such time as is actually necessary to take on and discharge passengers.

D.            The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, which is proceeding in the opposite direction on a highway containing four (4) or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

E.            The driver of any school bus driving upon the highways of this City after loading or unloading school children, should remain stopped if the bus is followed by three (3) or more vehicles, until such vehicles have been permitted to pass the school bus, if the conditions prevailing make it safe to do so.

F.            If any vehicle is witnessed by a Peace Officer or the driver of a school bus to have violated the provisions of this Section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation.  Notwithstanding the provisions in Section 301.130, RSMo., every school bus shall be required to have two (2) license plates.  In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners.  If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the Peace Officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.  No prosecuting authority may bring any legal proceedings against a rental or leasing company under this Section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen (15) days of receipt of such notice. (RSMo. §304.050)

SECTION 340.220:             RESERVED

                                Editor’s Note–Ord. no. 734 §2, adopted July 7, 2005, repealed section 340.220 “obstructing view at corners” in its entirety.  Former section 340.220 derived from ord. no. 398 §76.080, 5-18-82.

SECTION 340.230:             DRIVE ON RIGHT OF HIGHWAY — TRAFFIC LANES — SIGNS

A.            All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets of municipalities where vehicles are obliged to move in one (1) direction only or parking of motor vehicles is regulated by ordinance.

B.            Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

                1.            When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

                2.            When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of RSMo., Sections 304.014 to 304.026 or traffic regulations thereunder or of municipalities.

                3.            When the right half of a roadway is closed to traffic while under construction or repair;

                4.            Upon a roadway designated by local ordinance as a one-way street and marked or signed for one-way traffic.

C.            It is unlawful to drive any vehicle upon any highway or road which has been divided into two (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left turn or semi-circular or U-turn on any such divided highway, except in a crossover or intersection.

D.            The authorities in charge of any highway or the State Highway Patrol may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway, and all members of the Missouri Highway Patrol and other Peace Officers may direct traffic in conformance with such signs.  When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs.

E.            Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:

                1.            A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;

                2.            Upon a roadway which is divided into three (3) lanes a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation;

                3.            Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided in Sections 304.014 to 304.026, RSMo.;

                4.            Official signs may be erected by the Highways and Transportation Commission or the Highway Patrol may place temporary signs directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign;

                5.            Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half (½) of the main traveled portion of the roadway whenever possible.

F.            All vehicles in motion upon a highway having two (2) or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals.  (RSMo. §304.015)

SECTION 340.240:             PASSING REGULATIONS

A.            The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated:

                1.            The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;

                2.            Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 

B.            The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:

                1.            When the vehicle overtaken is making or about to make a left turn;

                2.            Upon a City street with unobstructed pavement of sufficient width for two (2) or more lines of vehicles in each direction;

                3.            Upon a one-way street. 

C.            No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

                1.            When approaching the crest of a grade or upon a curve of the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

                2.            When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad grade crossing.  (RSMo. §304.016 $1(2-3) §2(1-3) §4(1-2)

SECTION 340.250:             PROOF OF FINANCIAL RESPONSIBILITY (INSURANCE CARD)

A.            Proof of financial responsibility may be shown by an insurance identification card which shall be carried in the insured motor vehicle at all times.  The operator of a motor vehicle shall exhibit the insurance identification card on the demand of any Police Officer who lawfully stops such operator or investigates an accident while that officer is engaged in the performance of the officer’s duties.  A motor vehicle liability insurance policy, a motor vehicle liability insurance binder, or receipt which contains the policy information required in the next paragraph shall be satisfactory evidence of insurance in lieu of an insurance identification card.

B.            For purposes 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 of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and, subject to said limit for one (1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one (1) accident.

C.            An insurance identification card shall include the following information:

                1.            The name and address of the insurer;

                2.            The name of the named insured;

                3.            The policy number;

                4.            The effective date of the policy including, month, day and year;

                5.            A description of the insured motor vehicle including year and make, 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;

                6.            The statement “THIS CARD MUST BE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION ON DEMAND” or, if the motor vehicle is self-insured:

                                a.            The name of the self-insured;

                                b.            The word “Self-insured”;

                                c.             The statement “THIS CARD MUST BE CARRIED IN THE SELF-INSURED MOTOR VEHICLE FOR PRODUCTION ON DEMAND”.

D.            No person shall fail to display an insurance identification card or other satisfactory evidence or evidence of insurance in lieu of such card upon demand of a Police Officer.  However, no person shall be found guilty of violating this Section if the operator demonstrates to the court that he/she met the State financial responsibility requirements at the time the Police Officer wrote the citation.

E.            Penalty.  Any person who is convicted and found guilty of a violation of this Section of this Traffic Code shall be guilty of an infraction and shall upon conviction thereof be punished by a fine of not less than ten dollars ($10.00) and no more than five hundred dollars ($500.00) for each and every violation.  (Ord. No. 567, 11-6-97)

CHAPTER 342:

DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR OTHER DRUGS

SECTION 342.010:             DRIVING WHILE INTOXICATED OR 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. 406 §75.070, 12-2-82)

SECTION 342.020:             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. 406 §75.071, 12-2-82; Ord. No. 650 §1, 10-4-01)

SECTION 342.030:             DEFINITION

As used in Sections 342.010 and 342.020 the terms “drive” or “operate” means physically driving or operating or being in actual physical control of a motor vehicle.  (Ord. No. 406 §75.072, 12-2-82)

SECTION 342.040:             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. Section 577.012.  (Ord. No. 406 §75.073, 12-2-82)

SECTION 342.050:             CHEMICAL TESTS FOR ALCOHOL CONTENT OF BLOOD — IMPLIED CONSENT — ADMINISTERED, WHEN, HOW

A.            Any person who operates a motor vehicle upon the public highways of this City shall be deemed to have given consent to, subject to the provisions of Sections 577.020 to 577.041, RSMo., 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 if arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition.  The test shall be administered at the direction of the arresting law enforcement officer whenever the person has been arrested for the offense.

B.            The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.

C.            Chemical analysis of the person’s breath, blood, saliva or urine to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., shall be performed according to methods approved by the State Division of Health by licensed medical personnel or by a person possessing a valid permit issued by the State Division of Health for this purpose.

D.            The State Division of Health shall approve satisfactory techniques, devices, equipment or methods to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Division of Health.

E.            The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing and at his expense administer a test in addition to any administered at the direction of a law enforcement officer.  The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

F.            Upon the request of the person who is tested, full information concerning the test shall be made available to him.  (RSMo. §577.020)

SECTION 342.060:             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.            No person, regardless of his prior conviction record, shall be prosecuted through the Municipal Court where it appears possible that a charge of vehicular manslaughter or vehicle injury might be sustained, until after the State Prosecuting Attorney shall have had the opportunity to review the case and to consider filing appropriate charges.

                4.            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.

                5.            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 cause to overturn any conviction for violations of Sections 342.010 or 342.020 above, but may be reason for discipline of the City Official(s) violating this Section.  (Ord. No. 406 §75.075, 12-2-82)

SECTION 342.070:             PROCEDURE IN MUNICIPAL COURT

No person charged with driving while intoxicated (Section 342.010 above) or driving with blood alcohol content (Section 342.020 above) shall have his case heard in Municipal Court except in accordance with the following procedure:

                1.            The defendant may waive his right to an attorney after an evidentiary hearing before the Municipal Judge.  If the defendant is determined to an indigent after a hearing and is unable to employ an attorney, the Municipal Judge may appoint an attorney or refer the case to the State Prosecution Official.

                2.            Neither the Municipal Judge nor any other Municipal Official shall have the power to revoke any operator’s or chauffeur’s license.  (Ord. No. 411 §75.080, 4-7-83)

SECTION 342.080:             DRIVING SCHOOL

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 1, 2, 3, or 4 points by the State Director of Revenue under the provisions of RSMo. Section 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. Section 302.302.4.  (Ord. No. 406 §75.085, 12-2-82)

SECTION 342.090:             REPORTS TO HIGHWAY PATROL

Effective July 1, 1983, a record of the final disposition in any court proceeding involving a violation of Section 342.010 or Section 342.020 shall be forwarded to the Missouri State Highway Patrol within fifteen (15) days by the clerk of the court.  (Ord. No 406 §75.090, 12-2-82)

SECTION 342.100:             PENALTY

A.            Any person convicted of driving while intoxicated shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), confinement in the County Jail for not more than ninety (90) days, or both such fine and confinement.  No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence, except first (1st) time offenders and such person shall be placed on probation for a minimum of two (2) years.

B.            Any person convicted of driving with blood alcohol content shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), confined in the County Jail for not more than ninety (90) days, or both such fine and confinement.

C.            Upon a plea of guilty or a finding of guilty for an 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 for the first (1st) offense 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. Section 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. 411 §75.095, 4-7-83)

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 315.050 and 315.060 of this Title, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this Chapter.   (CC 1979 §76.010; RSMo. 300.370)

SECTION 345.020:             PEDESTRIANS’ RIGHT OF WAY IN CROSSWALKS

A.            When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

B.            No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

C.            Subsection (A) shall not apply under the conditions stated in Subsection (B) of Section 345.050.

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.  (CC 1979 §76.010; RSMo. §300.375)

SECTION 345.030:             PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS

Pedestrians shall move, whenever practicable, upon the right half (½) of crosswalks.  (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.405)

SECTION 345.090:             DRIVERS TO EXERCISE HIGHEST DEGREE OF CARE

Notwithstanding the foregoing provisions of this Title, every driver of a vehicle shall exercise the highest degree of care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.   (CC 1979 §76.010; RSMo. §300.410)

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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.420)

SECTION 350.030:             OBEDIENCE TO ANGLE PARKING SIGNS OR MARKERS

On those streets which have been signed or marked by the 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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 closer to passing traffic.  The foregoing provisions shall not apply to a motor-driven cycle.

C.            Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.  (CC 1979 §76.010; RSMo. §300.435)

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 signposted);

                                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, unless in an off-street parking lot;

                                b.            At any place where official signs prohibit parking;

                                c.             In any location designated for handicapped parking without handicap parking authorization. Regardless of any provision to the contrary, the court may assess as a penalty for violation of this provision up to the maximum extent provided by law.

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.            Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a Police Officer or official traffic control device, no person shall stop, stand or park a vehicle:

                1.            On  private property or upon an area developed as an off-street parking facility without the consent of the owner, lessee, or person in charge of any such private property or facility where said facility has adequate posted notice informing the public of restrictions.

                2.            Upon a private parking facility adjunct to a business concern, for an unreasonable length of time or for the purpose of permitting its owner, operator or occupants to loiter, create a nuisance by loud, boisterous or obstreperous conduct to the annoyance of other patrons, employees or the owner of said establishment.  (CC 1979 §76.038; RSMo. §300.440; Ord. No. 654 §1, 3-7-02)

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.   (CC 1979 §76.010; RSMo. §300.445)

SECTION 355.030:             PARKING IN ALLEYS

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.  (CC 1979 §76.010; RSMo. §300.450)

SECTION 355.040:             PARKING FOR CERTAIN PURPOSES PROHIBITED

No person shall park a vehicle upon a roadway for the principal purpose of:

                1.            Displaying such vehicle for sale; or

                2.            Repair such vehicle except repairs necessitated by an emergency.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.470)

SECTION 355.080:             STANDING OR PARKING ON ONE-WAY ROADWAYS

In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.  The 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.   (CC 1979 §76.010; 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 signs places not exceeding one hundred (100) feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

B.            When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand, or park a vehicle in any such designated place.  (CC 1979 §76.010; RSMo. §300.480)

SECTION 355.100:             STOPPING, STANDING OR PARKING IN THE CITY PARK

No person shall park any vehicle, truck, trailer or RV in excess of three-fourths (3/4) ton on any portion of the area known as the Buckner City Park.  (Ord. No. 402 §76.760, 8-5-82)

                                Cross Reference — As to further provisions concerning city parks, see Ch. 250.

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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.515)

CHAPTER 365:

STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS

                                Cross Reference — As to specific locations, see Schedules III and IV of this Title.

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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; 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.  (CC 1979 §76.010; RSMo. §300.550)

SECTION 365.080:             COMMERCIAL VEHICLE REGULATIONS — EXCEPTIONS — POSTING

A.            Definitions.  For purposes of this Section, “commercial vehicle” means any motor vehicle or trailer which is designed, maintained or used primarily for the transportation of property or which is used primarily for the transportation of passengers for hire including, but not limited to, any vehicle, trailer or combination thereof having a gross vehicular weight in excess of eighteen thousand (18,000) pounds.

B.            Regulations.  Except as provided in Subsection (C) hereof, no person shall operate, and it shall be unlawful to operate, a commercial vehicle on, over or upon any of the streets or parts thereof set forth in Schedule VI attached to this Title enacted herewith or as amended.

C.            Exceptions.  This Section shall not apply to any emergency vehicles, ambulances, public utility service vehicles or commercial vehicles while in the process of making a legitimate pickup, delivery or call to a business or residence located on a street designated in Schedule VI of this Title provided the operator is traveling to or from the pickup, delivery or call over the restricted streets by the most direct available route to and from a non-restricted thoroughfare.

D.            Miscellaneous.

                1.            The Street Commissioner shall cause signs to be erected at the entrance to any street or streets set forth in Schedule VI of this Title from any non-regulated thoroughfare advising that commercial vehicular traffic is restricted.  The failure of any street to be so posted shall not relieve any operator of liability for a violation of this Section.

                2.            Failure of an operator of a commercial vehicle on one of the streets set forth in Schedule VI of this Title to disclose to a Police Officer an address on such restricted street to which a pickup, delivery or call has or will be made by that operator shall be prima-facie proof that the exceptions set forth in Subsection (C) hereof shall not apply to that operator.  (Ord. No. 724 §1, 11-4-04)

SECTION 365.090:             CERTAIN VEHICLES LICENSED IN EXCESS OF 18,000 POUNDS PROHIBITED FROM USING CERTAIN STREETS WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF

No person shall operate a vehicle licensed in excess of eighteen thousand (18,000) pounds, except as provided under Section 365.080, upon any of the streets or parts of streets set forth in Schedule VI of this Title.

SECTION 365.100:             COMMERCIAL VEHICLES PROHIBITED FROM PARKING ON CERTAIN STREETS

When signs are erected in each block giving notice thereof, no person shall park any commercial vehicle or truck or part thereof with a gross vehicular weight in excess of eighteen thousand (18,000) pounds upon any of the streets or parts of streets set forth in the Schedules attached to this Title.  Nothing in this Section shall be construed to apply to emergency vehicles, ambulances, home moving vans or utility service trucks while performing services.  (Ord. No. 724 §2, 11-4-04)

SECTION 365.110:             PARKING TRUCK, TRAILER, ETC., IN RESIDENTIAL DISTRICTS

A.            It shall be unlawful for the driver, owner or operator of any bus, truck, tractor, trailer, recreational vehicle, house-trailer, tractor-trailer or truck-trailer combination to park or cause to be parked on any street in a residential district as defined in Sections 400.080, 400.085, 400.090 and 400.100 of Title IV of the Municipal Code of the City of Buckner, except that an operator may park said vehicle while actually and continuously engaged in loading or unloading; provided however, that said vehicles may be parked in front of a place of business in such districts during business hours of said business, but subject to all other ordinances regulating parking at said location.  Trucks with a licensed weight of twelve thousand (12,000) pounds or less will be permitted to operate and park in residential districts subject to other provisions of the Municipal Code of the City of Buckner.

B.            Notwithstanding other provisions in the Municipal Code of the City of Buckner, recreational vehicles may be parked temporarily on a street in a residential district for a period not to exceed forty-eight (48) hours for purposes of loading or unloading said recreational vehicles.

C.            Additional parking restrictions are described in Title II, Article I, Chapter 215; Title III, Chapters 350, 355, 360, Schedules III and VI; and Title IV, Chapter 400, Article IV.  (Ord. No. 724 §4, 11-4-04)

CHAPTER 370:

TRAFFIC VIOLATIONS BUREAU

SECTION 370.010:             ESTABLISHMENT

The Municipal Court shall establish a Traffic Violations Bureau to assist the court with the clerical work of the traffic cases.  The Bureau shall be in charge of such person or persons and shall be open at such hours as the Municipal Judge may designate.  The Judge of the Municipal Court who hears traffic cases shall designate the specified offenses under this law or under the traffic ordinances of the City and the State traffic laws in accordance with the Supreme Court Rule, No. 37.49, in respect to which payments of fines may be accepted by the Traffic Violations Bureau in satisfaction thereof, and shall specify in suitable schedules, the amount of such fines for first (1st), second (2nd) and subsequent offenses, provided such fines are within the limits declared by law or ordinance, and further specify what number of such offenses shall require appearances before the court.  (CC 1979 §76.040)

SECTION 370.020:             WHEN PERSON CHARGED MAY ELECT TO APPEAR AT BUREAU

A.            Any person charged with an offense for which payment of a fine may be made to the 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.  (CC 1979 §76.010; RSMo. §300.555)

SECTION 370.030:             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.  (CC 1979 §76.010; RSMo. §300.560)

SECTION 370.040:             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.  (CC 1979 §76.010; RSMo. §300.565)

SECTION 370.050:             ADDITIONAL DUTIES OF TRAFFIC VIOLATIONS BUREAU

The Traffic Violations Bureau shall follow such procedure as may be prescribed by the traffic ordinances of the City or as may be required by any laws of this State.  (CC 1979 §76.010; 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 complaint and summons.  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.   (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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.   (CC 1979 §76.010; 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 violation and warning him that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.  (CC 1979 §76.010; RSMo. §300.590)

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 circumstances 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.

                4.            The actual cost of removing and the cost of storing any vehicle as specified herein shall be taxed as costs to any owner who claims said vehicle, and said costs shall be paid by such owner before the vehicle shall be returned to the owner.

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.  (CC 1979 §76.037; RSMo. §300.595)

CHAPTER 380:

BICYCLE REGULATIONS

SECTION 380.010:             BICYCLE EQUIPMENT

Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise shall be equipped with the following:

                1.            A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet.

                2.            A rear-facing red reflector, at least two (2) square inches in reflective surface area, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet.

                3.            Essentially colorless or amber reflectors on both the front and rear surfaces of all pedals.  Each pedal reflector shall be recessed below the plane of the pedal or reflector housing.  Each reflector shall be at least ninety-one hundredths (.91) square inches in projected effective reflex area, and must be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet.

                4.            A side-facing essentially colorless or amber reflector visible on each side of the wheel mounted on the wheel spokes of the front wheel within three (3) inches of the inside of the wheel rim and a side-facing essentially colorless or red reflector mounted on the wheel spokes of the rear wheel within three (3) inches of the inside of the wheel rim, or continuous retroreflective material on each side of both tires which shall be at least three-sixteenths (3/16) of an inch wide.  All such reflectors or retroreflective tire sidewalls shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet.  The provisions of this Subsection shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.  (RSMo. §307.185)

SECTION 380.020:             BRAKES REQUIRED

Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.  (RSMo. §307.183)

SECTION 380.030:             RIGHTS AND DUTIES OF BICYCLE AND MOTORIZED BICYCLE RIDERS

Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by Chapter 304, RSMo., except as to special regulations in RSMo., Sections 307.180 to 307.193 and except as to those provisions of Chapter 304, RSMo., which by their nature can have no application.  (RSMo. §307.188)

SECTION 380.040:             USE ON SIDEWALKS RESTRICTED

It shall be unlawful for any person to ride or operate a bicycle, motorized bicycle, scooter, skateboard or roller blades within the business district.  (CC 1979 §76.530; Ord. No. 646 §1, 8-2-01)

SECTION 380.050:             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 1979 §76.540)

SECTION 380.060:             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 1979 §76.550)

SECTION 380.070:             RIDER 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 1979 §76.560)

SECTION 380.080:             RIDING ABREAST

It shall be unlawful for more than two (2) persons to ride abreast.  (CC 1979 §76.570)

SECTION 380.090:             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 1979 §76.580)

SECTION 380.100:             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 1979 §76.590)

CHAPTER 385:

LICENSING REGULATIONS

ARTICLE I. CITY VEHICLE LICENSES

SECTION 385.010:             LICENSE — APPLICATION — FEE

Any person, firm, or corporation who is a resident of Buckner, Missouri, who owns a motor vehicle or motorcycle on January first (1st) shall be required to obtain an annual license from the City and shall pay a license fee on such motor vehicle or motorcycle in the amount of three dollars fifty cents ($3.50) which shall be payable to Jackson County under its consolidated billing and collection services for property taxes (real and personal).  Said license fee shall be due upon receipt of the billing statement from Jackson County on November first (1st) of each year and shall become delinquent after December thirty-first (31st) of each year.  Any license fee not paid prior to December thirty-first (31st) of each year shall be subject to a late charge and interest as then in effect by Jackson County.  (Ord. No. 481 §81.010, 11-1-90)

SECTION 385.020:             DISPLAY OF CITY VEHICLE LICENSES

Beginning January 1, 1991, City vehicle licenses will no longer be required to be displayed on vehicles, but for citizens who wish to display such City vehicle licenses same will be provided upon presentation by such citizen of the paid personal property tax receipt from Jackson County to the City of Buckner.  (Ord. No. 481 §81.020, 11-1-90)

SECTION 385.030:             SENIOR CITIZEN CREDIT

Residents of the City of Buckner who are sixty-five (65) years of age or older prior to January first (1st) of the subject tax year, may enclose photocopy proof by way of birth certificate or driver’s license of his or her age and deduct the City vehicle license tax from the Jackson County bill (if same has been added to the bill) and such City vehicle license tax shall be waived.  This waiver for an individual sixty-five (65) years of age or older shall apply to only one (1) vehicle per citizen.  (Ord. No. 481 §81.030, 11-1-90)

ARTICLE II.  DRIVER’S LICENSES AND LICENSE PLATES

SECTION 385.040:             DRIVING WITHOUT LICENSE PROHIBITED

It is hereby declared to be unlawful for any person to operate a motor vehicle in the City without having in his possession, at the time, a valid and unexpired and unrevoked driver’s license which has been issued to such person in accordance with the laws of the State of residence of such person.  (CC 1979 §76.650)

SECTION 385.050:             STATE DRIVER’S LICENSE REQUIRED

No person shall operate a motor scooter, motor bike, motor-tricycle, or motorcycle in the City unless they have in their possession a valid State driver’s license for the operation of a motor vehicle upon the public streets which shows that he has successfully passed an examination for the operation of a motorcycle or motor-tricycle as prescribed by the Director of Revenue of the State of Missouri.  (CC 1979 §76.670)

SECTION 385.060:             RESPONSIBILITY OF OWNER TO SEE THAT DRIVER IS LICENSED

No person shall authorize or knowingly permit a motor vehicle, motorcycle, or motor-tricycle owned by him or under his control to be driven upon the streets and highways of the City by any person whose State driver’s license does not show that such person has passed the examination for the operation of a motor vehicle, motorcycle, or motor-tricycle and has procured a license to do so, or has been issued an instruction permit therefor as prescribed by the Director of Revenue of the State.  (CC 1979 §76.700)

SECTION 385.070:             PROHIBITED ACTS

No person shall display or permit to be displayed or to have in his/her possession

1. Any State driver’s license, knowing the same to be fictitious or have been canceled, suspended, revoked, or altered;
2. To lend or permit the use of by another, any driver’s license issued to the person so lending or permitting the use thereof;
3. To display or represent, as one’s own any stated driver’s license not issued to the persons displaying the same; or
4. Fails or refuse to surrender to the Clerk of Court any State driver’s license which has been suspended, canceled or revoked, as provided by law.  (CC 1979 §76.720)

SECTION 385.080:             DRIVING WITH ALTERED LICENSE PROHIBITED

It shall be unlawful for any person to operate a motor vehicle in the City having in his possession a driver’s license which has been altered.  (CC 1979 §76.730)

SECTION 385.090:             TO BE CARRIED AND DISPLAYED

A driver’s license shall be carried at all times by the holder thereof while driving a motor vehicle, and shall be displayed upon demand of any Police Officer or Peace Officer, or any other duly authorized person for inspection, when demand is made therefor.  Failure to exhibit his license to any of the aforesaid officers, or other duly authorized officer, shall be presumptive evidence that said person is not a duly licensed driver.  (CC 1979 §76.740)

SECTION 385.100:             DISPLAY OF LICENSE PLATE

It shall be unlawful for any person to operate or park upon the streets of this City any motor vehicle or trailer unless the motor vehicle or trailer shall have displayed permanent license plate or temporary permit issued by the Director of Revenue of the State and currently in force, entirely unobscured, unobstructed, all parts thereof plainly visible and kept reasonably clean, and so fastened as not to swing.  On all motor vehicles the license plate shall be displayed on the front and rear of such motor vehicle, not less than eight (8) nor more than forty-eight (48) inches above the ground.  (CC 1979 §76.660)

CHAPTER 390:

VEHICLE EQUIPMENT

ARTICLE I. LIGHT REGULATIONS

SECTION 390.010:             DEFINITIONS

As used in this Article, unless the context requires another or different construction, the following words shall have these ascribed meanings:

APPROVED:  Approved by the Director of Revenue and when applied to lamps and other illuminating devices means that such lamps and devices must be in good working order.

HEADLAMP:  A major lighting device capable of providing general illumination ahead of a vehicle.

VEHICLE:  Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

WHEN LIGHTED LAMPS ARE REQUIRED:  At any time from a half (½) hour after sunset to a half (½) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead.  (RSMo. §307.020 (1,3,8,9))

SECTION 390.020:             WHEN LIGHTS REQUIRED

No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this Article required.  No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.  (RSMo. §307.040)

SECTION 390.030:             HEADLAMP ON MOTOR VEHICLES

Except as in this Article provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle.  Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps.  Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.  (RSMo. §307.045)

SECTION 390.040:             DIMMING OF LIGHTS — WHEN

Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the times when lighted lamps are required, shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:  Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, or is within three hundred (300) feet to the rear of another vehicle traveling  in the same direction, the driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.  (RSMo. §307.070)

SECTION 390.050:             TAILLAMPS — REFLECTORS

A.            Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear.  Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear.  When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.

B.            Every motorcycle registered in this State, when operated on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) approved red reflector, which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.

C.            Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers registered in this State after January 1, 1966 when operated on a highway, shall also carry at the rear at least two (2) approved red reflectors, at least one (1) at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.  Every such reflector shall meet the requirements of this Article and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.

D.            Any person who knowingly operates a motor vehicle without the lamps required in this Section in operable condition is guilty of a misdemeanor.  (RSMo. §307.075)

SECTION 390.060:             SPOTLAMPS

Any motor vehicle may be equipped with not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.  (RSMo. §307.090)

SECTION 390.070:             COLORS OF VARIOUS LAMPS — RESTRICTION OF RED LIGHTS

Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowllamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color.  No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle upon any street or highway with any lamp or device thereon displaying a red light visible from directly in front thereof.  (RSMo. §307.095)

SECTION 390.080:             LIMITATION ON TOTAL OF LAMPS LIGHTED AT ONE TIME

At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle except when such vehicle is parked subject to the provisions governing lights on parked vehicles.  Whenever a motor vehicle equipped with headlamps as in this Article required is also equipped with any auxiliary lamps or a spotlamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one (1) time when upon a highway.  (RSMo. §307.105)

ARTICLE II. MISCELLANEOUS VEHICLE REGULATIONS

SECTION 390.090:             ALTERING PASSENGER MOTOR VEHICLE BY RAISING FRONT OR REAR OF VEHICLE PROHIBITED, WHEN

A.            No person shall operate any passenger motor vehicle upon the public streets or highways of this City, the body of which has been altered in such a manner that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the operator of the street or highway in front or to the rear of the vehicle.

B.            Every motor vehicle which is licensed in this State and operated upon the public streets or highways of this City shall be equipped with front and rear bumpers if such vehicle was equipped with bumpers as standard equipment.  This Subsection shall not apply to motor vehicles designed or modified primarily for off-highway purposes while such vehicles are in tow or to motorcycles or motor driven cycles, or to motor vehicles registered as historic motor vehicles when the original design of such vehicles did not include bumpers nor shall the provisions of this Subsection prohibit the use of drop bumpers.  The Superintendent of the Missouri State Highway Patrol shall adopt rules and regulations relating to bumper standards.  Maximum bumper heights of both the front and rear bumpers of motor vehicles shall be determined by weight category of gross vehicle weight rating (GVWR) measured from a level surface to the highest point of the bottom of the bumper when the vehicle is unloaded and the tires are inflated to the manufacturer’s recommended pressure.  Maximum bumper heights are as follow:

                                                                                       Maximum front               Maximum rear

                                                                                       bumper height                 bumper height

Motor vehicles except commercial

                motor vehicles                                                  22 inches                             22 inches

Commercial motor vehicles (GVWR)

                4,500 lbs. and under                                       24 inches                             26 inches

                4,501 lbs. through 7,500 lbs.                        27 inches                             29 inches

                7,501 lbs. through 9,000 lbs.                        28 inches                             30 inches

                (RSMo. §307.172 (1,2))

SECTION 390.100:             MUFFLER CUTOUTS

Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo.  The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noises as completely as is done in modern gas engine passenger motor vehicles.  Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motor.  (RSMo. §307.170(2))

SCHEDULE I.  ARTERIAL STREETS (STOP SIGNS)

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 these intersecting stop locations when approaching said arterial streets:

Arterial Streets                                                                                                 Stop Location

Adams

                                Zoe                                                                                        South Side

Allen Street

                                Baker                                                                                    North and South Side

                                Cliff                                                                                        South Side

                                Cooper                                                                                 South Side

                                Lee                                                                                         North and South Side

Barley Lane

                                Manor Lane                                                                        West Side

                                Village Court                                                                      East and West Side

Bart Street

                                Prairie                                                                                   North Side

Ben Street

                                Echo Ridge                                                                          South Side

                                Lela Street                                                                          North Side

Central Street

                                Adams                                                                                  East and West Side

                                Broyles                                                                 East Side

                                Elm                                                                                         West Side

                                Grant                                                                                    West Side

                                Jefferson                                                                             East and West Side

                                Lake City Road                                                   East and West Side (3-way)

                                Madison                                                                              East and West Side

                                McLaughlin                                                                         West Side

                                Washington                                                                        East and West Side (4-way)

Cerimonial Street

                                Council Street                                                                    North and South Side

                                Homeland Street                                                             North and South Side

                                Sibley Street                                                                      East Side

                                Tall Chief Street                                                                North and South Side

Cliff Drive

                                Lee                                                                                         East Side

Dale Street

                                Prairie                                                                                   South Side

Echo Ridge Street

                                Ben Street                                                                          South Side

                                Lela Street                                                                          North Side

                                Sibley Street                                                                      East Side

                                Tarssney Lane                                                                   North Side

Elliott Street

                                Elm                                                                                         East Side

Hazel Street

                                Adams                                                                                  West Side

                                Hedrick                                                                 West Side

                                Henthorn                                                                            West Side

                                Washington                                                                        East and West Side (4-way)

Hostetter Street

                                Ames                                                                                    East Side

Hudson Street

                                Adams                                                                                  East and West Side

                                Bart                                                                                        East Side

                                Broyles                                                                 East and West Side

                                Hedrick                                                                 East Side

                                Jefferson                                                                             East and West Side

                                Lake City Road                                                   East and West Side

                                Madison                                                                              East and West Side

                                Stapleton                                                                            West Side

                                Washington                                                                        East and West Side

Johnson Street

                                Lyons                                                                                    West Side

                                James                                                                                   West Side

Lake City Road

                                Alfalfa Lane                                                                        South Side

                                Barley Court                                                                       South Side

                                Central Street                                                                    South Side (3-way)

                                Elliott                                                                                     South Side

                                Oat Circle                                                                             South Side

                                Tarsney Lane                                                                     South Side

Lee Street

                                Little Village Apt South Entrance                               East Side

                                Little Village Apt. North Entrance                              East Side

                                Park Avenue                                                                      West Side (3-way)

Lela Street

                                Ben Street                                                                          North Side

Manor Lane

                                Barley Lane                                                                         North Side

                                Oat Lane                                                                              North Side

                                Tarsney Lane                                                                     South Side

Millview

                                Alfalfa Lane                                                                        East and West and South Side

                                Tarsney Lane                                                                     East and West and South Side

Monroe Street (Hwy 24)

                                Baker                                                                                    North Side

                                Central                                                                                 South and North Side

                                Cliff                                                                                        North Side

                                Cook’s Trailer Park Entrance                                        South Side

                                Cooper                                                                                 North Side

                                Hostetter                                                                            North Side

                                Hudson                                                                                South and North Side

                                Johnson                                                                               North Side

                                Osage                                                                                   South Side

                                Sibley (Hwy BB)                                                                Stop Light (4-way)

Neil Chiles

                                Meadow Ridge                                                 Northwest Corner

Oat Lane

                                Manor Lane                                                                        East Side

Osage Street

                                Adams                                                                                  East and West Side

                                Grant                                                                                    East Side

                                Jefferson                                                                             East and West Side

                                Madison                                                                              East Side

                                Short                                                                                     West Side

                                Washington                                                                        East and West Side

Park Avenue

                                Lee Street                                                                           North and South Side (3-way)

                                Veterans Drive                                                  North Side

Sibley Street

                                Adams                                                                                  West Side

                                Bart                                                                                        West Side

                                Broyles                                                                 West Side

                                Dale                                                                                       West Side

                                Hedrick                                                                 West Side

                                James                                                                                   East Side

                                Jefferson                                                                             East and West Side

                                Johnson                                                                               East Side

                                Lake City Road                                                   East and West Side

                                Madison                                                                              West Side

                                Monroe (Hwy 24)                                                            Stop Light (4-way)

                                Reser                                                                                    West Side

                                Veterans Drive                                                  East Side

                                Village Lane                                                                        East Side

                                Washington                                                                        West Side

Vernon Road

                                Hedrick                                                                 West Side

                                Henthorn                                                                            West Side

                                Washington                                                                        West Side

Village Lane

                                Oat Lane                                                                              North Side

                                Tarsney Lane                                                                     North and South Side

Washington Street

                                Alley West of Hudson                                                    South Side

                                Central                                                                                 North and South Side (4-way)

                                Hazel                                                                                     North and South Side (4-way)

                                Osage                                                                                   North and South Side (4-way)

                                Zoe                                                                                        North and South Side

Zoe Street

                                Short                                                                                     East Side

(Ord. No. 537, 3-29-96; Ord. No. 544, 7-11-96; Ord. No. 591 §1, 1-7-99; Ord. No. 596, 7-1-99; Ord. No. 718 §1, 8-5-04)

SCHEDULE II.  SPEED LIMITS

No person shall operate a vehicle upon any street or highway, at a speed in excess of twenty-five (25) miles per hour, unless signs are posted designating another speed limit.  (CC 1979 §76.100)

Location                                                                                                                                                                               Speed

U.S. Highway 24 From western City limits to 300 feet west of Osage St.                                                  45 mph

U.S. Highway 24 From 300 feet west of Osage St. to the eastern City limits.                                          35 mph

Sibley Street (Buckner Tarsney Road Route BB) From the southern City limits at Neil Chiles Road intersection to 200 feet south of Village Lane.                                                                                                     45 mph

Sibley Street (Buckner Tarsney Road Route BB) From 200 feet south of Village Lane to 200 feet south of the railroad right-of-way.                                                                                                                                                35 mph

Sibley Street (Buckner Tarsney Road Route BB)–From 200 feet south of the railroad right-of-way to the northern City limits                                                                                                                                                                25 mph

South Sibley Street From a point on the northbound lane 200 feet south of the intersection of Echo Ridge Street and South Sibley Street to a point 200 feet south of the railroad right-of-way            35 mph

Hudson Street–From Adams Street south to Washington Street                                                                               15 mph

Buckner City Park                                                                                                                                                             5 mph

 (CC 1979 §76.110; Ord. No. 426, 7-19-84; Ord. No. 566, 9-4-97; Ord. No. 729 §1, 3-3-05)

SCHEDULE III.  RESTRICTED PARKING

The following locations as authorized by Chapter 355 of this Title, shall have parking restrictions as listed, when properly signposted:

Ord.

No.         Street                                   Location                                                               Restriction

370         Hudson Street (Between Washington and Adams Street)                             Parking is limited to 3 hrs.

                                                                                                                                                from 9 A.M. to 5 P.M. Mon.

                                                                                                                                                                through Fri.

434         Hudson Street (Between Adams and Washing ton Streets all)     Between November 1 and

lying south of Highway 24                                                                             March 31 – No parking of

                                                                                                                                                vehicle occupied or not

                                                                                                                                                3 A.M. to 6 A.M. daily

                                                                                                                                                Exception:  Temporarily

                                                                                                                                                loading or unloading of

                                                                                                                                                merchandise or passengers

The following locations are restricted for stopping, standing or parking a vehicle (occupied or not) except for temporarily loading or unloading of merchandise or passengers:

Ord.

No.         Street                                   Location                                                               Restriction

462         East side of Lee Street (Between the south and north                    At all times

                driveways of the Little Village Apartments)

Additionally, it shall be unlawful to park between any points in the City where signs have been erected and state “No Parking Between Signs.”

(Ord. No. 614 §§1, 3, 4-6-00; Ord. No. 644 §1, 8-2-01)

SCHEDULE IV.  NO PARKING

Parking is prohibited at all times in the following locations when properly signposted:

Ord.

No.                         Street                                                   Location                                                               Restriction

443                         Sibley Street                      From Madison Street to Highway 24                        At all times          (Buckner Tarsney Road-Route BB)

620                         Council Drive                                      Entire street                                                       At all times

432         All streets and alleys in Buckner                                                                Buses or trucks in excess of 3/4 ton

Exception: Hudson Street                             Between Washington and Adams Streets 

(Ord. No. 614 §§2, 4, 4-6-00; Ord. No. 620 §1, 7-6-00)     

SCHEDULE V.  CROSS WALKS AND SCHOOL CROSSING ZONES

The City of Buckner has authorized crosswalks and/or school crossing zones at the following locations:

Ord. No.                               Location

 492                        School Crossing Zone shall be located 180 feet from the Center of Hudson to the

                                edge of the cross walk on one side and located 200 feet from the center of Sibley

                                Street to the edge of the cross walk on the other side.

                                A cross walk shall be across Jefferson Street with such cross walk being 10 feet

                                wide and located at the alley.

SCHEDULE VI.  COMMERCIAL VEHICLES–RESTRICTIONS

No person shall operate a commercial vehicle as set out in Section 365.090 on the following streets or parts of streets:

Street                                                   Location

Adams Street                                    Between South Sibley Street and South Hudson Street.

Central Street                                    Between Lake City Road and Monroe Street (24 Hwy.).

Hudson Street                                   Between Lake City Road and Monroe Street (24 Hwy.).

Hudson Street                                   Between West Monroe Street (24 Hwy.) and Adams Street.

Lake City Road

Monroe Street (24 Hwy)

Sibley Street

(Ord. No. 724 §3, 11-4-04)

GOVERNMENT CODE

CHAPTER 100:

GENERAL PROVISIONS

ARTICLE I – GENERAL CODE PROVISIONS

SECTION 100.010:             CITATION OF CODE

This Code may be known and cited as the “Buckner, Missouri, City Code.”   (CC 1979 §10.020)

SECTION 100.020:             OFFICIAL COPY

The Official Copy of this Code, bearing the signature of the Mayor and attestation of the City Clerk as to its adoption shall be kept on file in the office of the City Clerk.  A copy of this Code shall be kept in the City Clerk’s office available for public inspection.  (CC 1979 §10.030)

SECTION 100.030:             ALTERING CODE

It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.  Any person, firm or corporation violating this Section shall be punished as provided in Sections 100.200 and 100.210 of this Code.  (CC 1979 §10.040)

SECTION 100.040:             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.  Each figure shall consist of three (3) digits.  (CC 1979 §10.050)

SECTION 100.050:             DEFINITIONS AND RULES OF CONSTRUCTION

A.            In the construction of this Code and of all other ordinances of the City, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the Board of Aldermen, or unless the context clearly requires otherwise:

BOARD OF ALDERMEN:  The Board of Aldermen of Buckner, Missouri.

CITY:  The City of Buckner, Missouri.

COMPUTATION OF TIME:  The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded. 

COUNTY:  The County of Jackson, State of Missouri.

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.

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

MONTH:  A calendar month.

NUMBER:  When any subject matter, party or person is described or referred to by words importing the singular number, the plural and several matters and persons and bodies corporate  shall be deemed to be included.

OATH:  Shall be construed to include an affirmation in all cases in which, by law, 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 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, MAY:  “Shall” is mandatory, “May” is permissive.

SIDEWALK:  That portion of the street right of way 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 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.

TENANT, OCCUPANT:  Applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

WRITING:  Shall include printing, lithographing or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his mark, is intended.

YEAR:  A calendar year, unless otherwise expressed, and the word “year” shall be equivalent to the words “year of our Lord”.

B.            All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out. 

SECTION 100.060:             NOTICE IN NEWSPAPER

Whenever in this Code or other ordinance of the City it is required that notice be published in conformance with Chapter 493 of the Revised Statutes of Missouri.

ARTICLE II – CONSTRUCTION OF ORDINANCES

SECTION 100.070:             CONSTRUCTION, GENERALLY

All general provisions, terms phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board  of Aldermen may be fully carried out.  Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to the technical import.  (CC 1979 §12.010)

SECTION 100.080:             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 1979 §12.020)

SECTION 100.090:             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 1979 §12.030)

SECTION 100.100:             REPEAL OF ORDINANCES NOT TO AFFECT LIABILITY

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 any ordinance thus repealed or modified shall continue in force until the subsequent ordinance repealing or modifying the prior ordinance shall go into effect unless therein otherwise expressly provided; but no 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, except:

                1.            That all such proceedings shall be conducted according to existing laws; and

                2.            If the penalty or punishment for any offense is reduced or lessened by any alteration of the law creating the offense, the penalty or punishment shall be assessed according to the amendatory law.  (CC 1979 §12.040; RSMo. §1.160 (1-2)

SECTION 100.110:             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.  (CC 1979 §12.050)

SECTION 100.120:             SEVERABILITY

It is hereby declared to be the intention of the Board of Aldermen that the Chapters, Sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, Section or Chapter of this Code 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 Board of Aldermen without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section, unless the court finds the valid provisions of the Statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the legislature would have enacted the valid provisions without the void one; or unless the court finds that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.  (CC 1979 §12.060; RSMo. §1.140)

SECTION 100.130:             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 1979 §12.070; RSMo. §1.140)

SECTION 100.140:             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 person to be notified 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 person to be notified at his last known address, or

                3.            If the person to be notified is unknown, or may not be notified under the requirements of Subsections (1) or (2) herein, 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 1979 §12.080)

SECTION 100.150:             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 1979 §12.090)

SECTION 100.160:             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 (1/2) holiday shall be considered as other days and not as a legal holiday.  (CC 1979 §12.100)

SECTION 100.170:             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 1979 §12.110)

SECTION 100.180:             JOINT AUTHORITY

Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons unless otherwise declared in the law giving the authority.  (CC 1979 §12.120)

SECTION 100.190:             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 1979 §12.130)

ARTICLE III – PENALTIES

SECTION 100.200:             GENERAL PENALTY

Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days or by both such fine and imprisonment.  Where the City and State have a penalty for the same offense the Board shall set the same penalty by ordinance as is set by Statute, except the imprisonments when made under City ordinances may be in the City Prison or workhouse instead of the County Jail. 

SECTION 100.210:             EVERY DAY A VIOLATION

Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.  (CC 1979 §13.020)

SECTION 100.220:             RESPONSIBILITY

Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act.  Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.  (CC 1979 §13.030)

SECTION 100.230:             WORKING OF CITY PRISONERS

All persons convicted and sentenced by the Judge of the Municipal Court, for violations of the ordinances of the City, whether the punishment be by fine or imprisonment or by both, be put to work and perform labor on the public streets, highways and alleys or other public buildings of this City, for such purposes as the City may deem necessary, and the Chief of Police or Street Commissioner of the City shall have power and be authorized to have or cause all such prisoners as may be directed by the Mayor of the City to work out the full number of days for which they have been sentenced, working upon such public streets, highways or alleys or public works or buildings of said City, as may be designated.  And if the punishment be by fine and the fine be not paid, then for every dollar of such judgment and sentence of the Court the prisoner shall work one (1) day, and it shall be deemed a part of the judgment and sentence of the court that such prisoner may be worked as herein provided.  (CC 1979 §13.040)

ARTICLE IV – CITY SEAL

SECTION 100.240:             CITY SEAL

A.            Seal Described.  The common Seal of the corporation known as “The City of Buckner” shall be in a circular shape and inscribed with the words “City of Buckner, Missouri,” and dated MDCCCLXXV.

The Seal shall make the following impression

B.            City Clerk To Keep Seal.  The City Clerk of said City shall be the keeper of the Common Seal of said City aforesaid, and shall in all cases required by ordinances of said City, or laws of the land, affix said Seal, accompanied by his attestation and signature. 

C.            When Seal To Be Affixed.  All deeds, conveyances of land by the City, requiring authentication, all certificates to cemetery lots, and all bonds issued by said City, and all acts of the Mayor of said City, and all other matters which, by the ordinances of the City or the laws of the land, are required to be under the Seal of said City, shall have said Seal affixed to them by said Clerk, and shall be attested and certified by him.  (CC 1979 §20.010)

ARTICLE V – WARDS

SECTION 100.250:             CITY DIVIDED INTO THREE WARDS

The City of Buckner is hereby divided into three (3) Wards.

                1.            Ward One.  The First (1st) Ward shall consist of that portion of the City found north of Lake City Road to the south side of Park Avenue and east of BB Highway to the east City limits.

                2.            Ward Two.  The Second (2nd) Ward shall consist of that portion of the City found north of Lake City Road to the north City limits and west of BB Highway to the west City limits and east of BB Highway from the north side of Park Avenue to the north City limits.

                3.            Ward Three.  The Third (3rd) Ward shall consist of that portion of the City found south of Lake City Road.  (CC 1979 §§30.010 – 30.030)

CHAPTER 105:

CITY ORGANIZATION

ARTICLE I – ALDERMEN

SECTION 105.010:             QUALIFICATIONS OF ALDERMAN — TERMS OF OFFICE

No person shall be eligible to the office of Alderman who is not twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for at least one (1) year next before his election and a resident of the Ward from which he is elected; nor shall any person be elected an Alderman who is in arrears for any tax, lien, forfeiture or defalcation in office.  All members of the Board shall hold their office for a term of four (4) years.  (CC 1979 §21.010; Ord. No. 593 §6, 5-6-99)

SECTION 105.020              OATH

Before entering upon the discharge of the duties of his office, each Alderman shall take and subscribe an oath or affirmation before the City Clerk that he possesses all the qualifications prescribed for his office by the laws of the State and this Code or other ordinances of this City; that he will support the Constitution of the United States of this State, and this Code and other ordinances of this City, and that he will faithfully demean himself in office.  (CC 1979 §21.020)

SECTION 105.030:             MEMBERSHIP

The members of the Board of Aldermen shall be two (2) in number from each Ward of the City.  (CC 1979 §21.030)

ARTICLE II – OFFICERS AND EMPLOYEES

SECTION 105.040:             OFFICERS ENUMERATED

The officers of this City shall consist of

                1.            The following elective officers:

                                a.            Mayor

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

                2.            And the following appointive officers:

                                a.            Chief of Police

                                b.            City Attorney

                                c.             City Clerk/Administrator

                                d.            City Prosecutor

                                e.            Collector

                                f.             Deputy City Clerk

                                g.            Municipal Judge

                                h.            Public Works Superintendent  (Ord. No. 593 §5, 5-6-99; Ord. No. 689 §1, 1-2-03)

SECTION 105.050:             TERM OF APPOINTIVE OFFICERS

All appointive Officers shall be appointed to serve at the pleasure and will of the Mayor and the Board of Aldermen.  (CC 1979 §21.110)

SECTION 105.060:             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 of the 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, except appointed Police Officers, the City Attorney and other employees having only ministerial duties, shall be residents of the City.  (CC 1979 §21.120)SECTION 105.070:              OATH OF OFFICE – BOND GENERALLY

Every officer of the City and his assistants, and every Alderman before entering upon the duties of his office shall take and subscribe to an oath or affirmation before some court of record in the County or the City Clerk, 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. 

SECTION 105.080:             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 Board of Aldermen 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 and to administer oaths of office to the officers of the City.

SECTION 105.090:             VACANCIES IN CERTAIN OFFICES — HOW FILLED

If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected.  The successor shall serve until the next regular municipal election.  If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.  (RSMo. §79.280)

ARTICLE III – MAYOR

SECTION 105.100:             HOW ELECTED, ETC.

The Chief Executive Officer of the City shall be the Mayor, who shall be elected by the qualified voters of the City, and shall hold his office for four (4) years, and until his successor shall be elected and qualified.  No person shall be Mayor unless he is at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his election.  (Ord. No. 609 §1, 11-4-99; Ord. No. 665 §1, 7-2-02)

SECTION 105.110:             STANDING COMMITTEES APPOINTED

The Mayor shall, at the first (1st) meeting of the Board of Aldermen after each annual election, name the members of such Standing Committees as he deems necessary, which shall consist of two (2) or more members of the Board of Aldermen.  (CC 1979 §21.210; Ord. No. 665 §1, 7-2-02)

SECTION 105.120:             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 1979 §21.220; Ord. No. 665 §1, 7-2-02)

SECTION 105.130:             MAY REMIT FINES, GRANT PARDONS, ETC.

The Mayor shall have the power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under this Code or other ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of the City by reason of any prosecution under the laws or ordinances of the City.  (CC 1979 §21.240; Ord. No. 665 §1, 7-2-02)

SECTION 105.140:             POWER TO ENFORCE LAWS

The Mayor shall be active and vigilant in enforcing all laws and this Code or other ordinances for the government of the City, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he is hereby authorized to call on every male inhabitant of the City who is over eighteen (18) and under fifty (50) years of age to aid in enforcing the laws.  (Ord. No. 665 §1, 7-2-02)

SECTION 105.150:             PRESIDING OVER BOARD OF ALDERMEN — VOTING RIGHTS — SUPERVISION OF CITY AFFAIRS

A.            Board Of Aldermen.  The Mayor shall have a seat in and preside over the Board of Aldermen, but shall not vote on any question, except in case of a tie, nor shall he preside or vote in cases when he is an interested party.

B.            City Management.  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.  Upon recommendation of the City Clerk/Administrator, the Mayor shall make recommendations of removal of appointive officials, as defined in Section 105.040(2), to the Board of Aldermen. Appointive officials shall be removed from office as per Section 105.050.

C.            Annual Report.  The Mayor, with the assistance of the City Clerk/Administrator shall prepare and present to the Board of Aldermen an annual report of the City’s affairs, including in such report a summary of reports of department heads and such other reports as the Board of Aldermen may require.

D.            Emergencies.  As per Section 125.185, when emergencies arise, the Mayor shall, in the case of accident, disaster or other circumstances creating a public emergency, have the power to award contracts and make purchases for the purpose of alleviating the emergency.  The Mayor shall file a report with the Board of Aldermen covering such emergency action, the necessity for same, together with an itemized accounting of all expenditures incurred.  (CC 1979 §21.270; Ord. No. 665 §1, 7-2-02)

SECTION 105.160:             BILLS TO BE SIGNED — MAYOR’S VETO

Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor’s objections thereto, shall stand reconsidered.  The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal, and proceed at its convenience, to consider the question pending, which shall be in this form: “Shall the bill pass, the objections of the Mayor thereto notwithstanding?.” The vote on this question shall be taken by “ayes” and “nays” and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk/Administrator, shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor.  The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen; the same shall become a law without his signature. (RSMO. §79.140; Ord. No. 665 §1, 7-2-02)

SECTION 105.170:             COMPENSATION

The Mayor shall receive such compensation for his services as shall from time to time be enacted by the Board of Aldermen, payable out of the general revenue of the City in such manner as the Board of Aldermen shall direct.  (CC 1979 §21.295; Ord. No. 665 §1, 7-2-02)

ARTICLE IV – CITY ATTORNEY

SECTION 105.180:             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 1979 §21.310)

SECTION 105.190:             DUTIES GENERALLY

The City Attorney shall, in addition to his other duties which are or may be required by this Code or other ordinance, and, when ordered by the Mayor or Board of Aldermen to do so, 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.            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.

                2.            The City Attorney shall give his opinion to all City officials.

SECTION 105.200:             REPORT TO BOARD OF ALDERMEN

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

B.            The City Attorney shall report to the Board of Aldermen 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 Board of Aldermen.  (CC 1979 §21.330)

SECTION 105.210:             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 1979 §21.340)SECTION 105.220:           COMPENSATION

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

B.            In the event of a case in which the City is interested being tried in any Circuit Court, Supreme Court or Court of Appeal, then the Board of Aldermen shall allow the City Attorney the usual and customary fees and necessary expenses allowed in like or similar cases.  (CC 1979 §21.350)

ARTICLE V – PROSECUTING ATTORNEY

SECTION 105.230:             QUALIFICATIONS

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

SECTION 105.240:             DUTIES GENERALLY

The Prosecuting 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 Board of Aldermen to do so, shall prosecute 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 Prosecuting Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City.

                2.            The Prosecuting 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 Prosecuting Attorney shall give his opinion to all City Officials.

ARTICLE VI – CITY CLERK

SECTION 105.250:             RESERVED

                                Editor’s Note–Ord. no. 595 §1, adopted June 3, 1999 repealed this section with no replacement provisions; former section 105.250 derived from cc 1979 §21.410.

SECTION 105.260:             DEPUTY CITY CLERK

A.            The Board of Aldermen may appoint a Deputy City Clerk who shall, upon temporary disability or inability of the City Clerk to perform his or her duties as set forth in this Code or other ordinances of the City Statutes of the State of Missouri due to illness, absence from the City or other cause, have the same powers and duties as the regular City Clerk and shall hold office until the disability or absence of the City Clerk is removed.

B.            The duties of the Deputy City Clerk shall be limited to those in the Revised Statutes of the State of Missouri and to provide support to the City Clerk/Administrator in those duties that relate to fund accounting and office management and the direction/ supervision of all clerical staff at both City Hall and the Police station as the Mayor and City Clerk/Administrator may choose to designate. In addition, the Deputy City Clerk shall be responsible for the bookkeeping and water billing of the City and daily operation/authorization of Municipal Court.

C.            The Deputy City Clerk shall receive as compensation such salary as set by the Mayor within the limits of the City budget at the time of the appointment of such officer.  (CC 1979 §21.440; Ord. No. 611 §1, 12-2-99; Ord. No. 735 §1, 7-7-05)

ARTICLE VII – CITY COLLECTOR

SECTION 105.270:             RESERVED

                                Editor’s Note–Ord. no. 595 §1, adopted June 3, 1999 repealed this section with no replacement provisions; former section 105.270 derived from cc 1979 §21.500 and ord. no. 593 §7, 5-6-99.

SECTION 105.280:             BOND

The City Collector of the City of Buckner shall, before entering upon the duties of Collector of said City, enter into good and sufficient bond, with at least two (2) free holders as security, to be approved by the Board of Aldermen, in the penal sum of one thousand dollars ($1,000.00), conditioned that he will faithfully discharge the duties of his office and pay over to the City Treasurer/Accountant all monies collected by him belonging to said City, in the manner prescribed by law and ordinance. Should the City Collector be covered by a blanket bond to the same extent, such individual bond(s) shall not be required.  (CC 1989 §21.520)

SECTION 105.290:             DUTIES GENERALLY

The Collector shall perform all the duties specified in this Code and shall perform such other duties as may be directed by the City Administrator and/or Mayor.

                1.            He shall promptly pay over to the Clerk, weekly, or as deemed necessary by Clerk, all monies collected by him or received by him from all sources which may be levied by law or ordinance to be collected, taking a receipt therefor, and a duplicate receipt which he shall file with the City Clerk; and see that all persons engaged in any business for which a license is required, take out such license. 

                2.            The City Collector shall report to the Board of Aldermen, at the regular meeting quarterly all taxes collected on the real and personal delinquent lists; and he shall pay the same into the City Treasury.  He shall turn over to his successor in office all uncollected delinquent lists.

                3.            It shall be the duty of the City Collector annually, on the meeting of the Board of Aldermen in April of each year, or as soon thereafter as may be necessary, to make out, under oath, lists of delinquent taxes remaining due and uncollected for each year, to be known as the “Land and Lot Delinquent List” and the “Personal Delinquent List.”

                4.            The Collector shall give to each person paying taxes, a receipt, showing the amount paid and on what land or property, and shall write opposite the name of each person in the tax-book in the proper column the word “paid” and the date of payment, and the receipt of the City Collector shall be as nearly practicable in form with the receipt required by law to be given by the County Collector.               5.            He shall, annually, at the first meeting of the Board of Aldermen, in June of each year, make a detailed report of all monies collectable by him during the year, and the amount thus collected and the number of the persons from whom he failed to collect, and the cause therefor, and perform such other duties as the nature of his office or any ordinance or regulation of the City may require.

                6.            The Collector shall perform all of his collection duties, including but not limited to, receipt of funds, issuance of tax receipts, and maintenance of records and books at the building and location known as the City Hall for the City of Buckner.  (CC 1979 §21.525; Ord. No. 437 §21.525(6), 3-6-86; Ord. No. 588 §1, 1-7-99)

                                Editor’s Note–Ord. no. 588 §1, adopted January 7, 1999 and passed by the electors in April, 1999, changed the office of collector from elected to appointed.  The editors have removed the last sentence of subsection (1) hereof to conform with new change.

SECTION 105.300:             COMPENSATION

The City Collector shall receive as compensation for his services such sum as may, from time to time, be fixed by ordinance.  (CC 1979 §21.530)

SECTION 105.310:             DEPUTY COLLECTOR

The Mayor may appoint a Deputy Collector to be approved by the Board of Aldermen, and when such Deputy Collector shall have taken and subscribed to the oath provided by this Code, he shall possess all the qualifications and powers and be charged with the same duties as the Collector.  (CC 1979 §21.540)

ARTICLE VIII – CITY TREASURER/ACCOUNTANT

SECTION 105.320:             RESERVED

                                Editor’s Note–Ord. no. 595 §1, adopted June 3, 1999 repealed this section with no replacement provisions; former section 105.320 derived from cc 1979 §21.705.

SECTION 105.330:  BOND

A.            Within fifteen (15) days after his appointment, and before entering upon the discharge of the duties of his office, the City Treasurer/Accountant shall execute to the City a bond in the sum of fifteen thousand dollars ($15,000.00), conditioned that he will faithfully perform all duties of his office as required by the laws of the State governing this City, and by this Code or other ordinances of the City, and that he will account for and promptly pay over all money coming into his possession that belongs to the City, at the time and in the manner provided by law.  Should the City Treasurer/Accountant be covered by a blanket bond to the same extent, such individual bond(s) shall not be required.

B.            The sureties, in case of personal bond, shall be worth in unencumbered real estate, after payment of all debts and liabilities for which they are legally responsible, at least double the amount of such bond.  (CC 1979 §21.720)

SECTION 105.340:             DUTIES GENERALLY

The Treasurer/Accountant shall receive and safely keep all money of the City which may come into his hands, and shall disburse the same only upon warrants properly drawn, and which are signed by the Mayor or City Administrator and attested by the City Clerk.  He shall keep, in a set of books provided for that purpose, a full and accurate account of all money received and disbursed by him on behalf of the City specifying the date of receipt or disbursement, from whom received, to whom disbursed and on what account received and disbursed.  He shall keep a separate account of each fund and appropriation, and the debits and credits belonging thereto.  He shall keep a register of all warrants paid into the treasury, describing such warrants by their date, number, name of payee and amount, specifying the time of receipt thereof, from whom received and on what account.  He shall issue duplicate receipts for all sums of money which may be paid into the treasury, specifying in such receipts the date of payment and upon what account paid.  One (1) of these receipts shall be given to the person making the payment and the other he shall file with the City Clerk who shall thereupon credit the person named in the receipt with the amount of his payment and charge the Treasurer/Accountant with the same.  On the last week of each month he shall furnish the City Clerk with a written statement showing the balance in the treasury at the beginning of the month, the amount received during the month and on what account received, the amounts disbursed during the month and on what account disbursed, and the balance remaining to the credit of each fund and constituting the general balance in the treasury at the close of business on the date when such statement is made as aforesaid.  He shall receive and safely keep all warrants, bonds and obligations of the City entrusted to his care and shall dispose of the same only upon proper authority from the Board of Aldermen, or as provided by this Code or other ordinance.  (CC 1979 §21.730)

SECTION 105.350:             BOOKS OF THE CITY

To the maximum extent practicable, the books of the City shall be kept in accordance with the Accounting Manual for Missouri Municipalities published by the Missouri Municipal League.  (CC 1979 §21.740)

SECTION 105.360:             SEMI-ANNUAL REPORT

He shall at the regular meeting of the Board of Aldermen in January and July of each year, report to the Board of Aldermen, the receipts and expenditures of the Treasurer/Accountant, amount of money on hand, the amount of bonds, if any, falling due, for which provision must be made to redeem.  (CC 1979 §21.750)

SECTION 105.370:             ACCESS TO OFFICERS’ BOOKS – CITY CLERK TO ENJOY SAME ACCESS

The City Treasurer/Accountant and City Clerk shall have free access to each other’s offices for the inspection of all books, accounts and papers which they respectively contain, and free access to all other offices of this City for the inspection of such books, accounts and papers as concern any of their duties.  (CC 1979 §21.760)

ARTICLE IX – CHIEF OF POLICE

SECTION 105.380:             CHIEF OF POLICE TO PERFORM DUTIES

The Chief of Police shall perform all duties required of the Marshal by law.  (CC 1979 §21.810)

ARTICLE X – CITY CLERK/ADMINISTRATOR

SECTION 105.390:             OFFICE OF CITY CLERK/ADMINISTRATOR

There is hereby created and established the office of City Clerk/Administrator for the City of Buckner, Missouri.  (Ord. No. 477 §1, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.400:             APPOINTMENT AND TENURE

A qualified person shall be appointed City Clerk/Administrator for the City of Buckner, Missouri, by a majority vote of the full Board of Aldermen, with the approval of the Mayor.  The person so appointed shall serve for a 1(one) year term.  (Ord. No. 477 §2, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.410:             POWERS OF MAYOR AND BOARD OF ALDERMEN RETAINED

A.            Except as otherwise provided in this Article, the Mayor and Board of Aldermen shall retain all the powers given to them by the laws applying to the City before the City Clerk/Administrator form of government was adopted, and all laws governing the City under its prior form of government and not inconsistent with the provisions of Sections 77.042 to 77.048, of the State Statute, shall apply to and govern the City after it adopts this form of government. All bylaws, ordinances, and resolutions lawfully passed and in force at the time the City Clerk/Administrator form of government is adopted shall remain in force until repealed or altered by the Board of Aldermen.

B.            The City Clerk/Administrator shall be the Chief Administrative Assistant to the Mayor and shall have general superintending control of the administration and management of the government business, officers and employees of the City, subject to the direction and supervision of the Mayor and/or the Board of Aldermen.  (595 §1, 6-3-99; Ord. No. 664 §1, 7-2-02)

SECTION 105.420:             BOND

The City Clerk/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 to be approved by the Board of Aldermen and such bond shall insure the City of Buckner, Missouri, for the faithful and honest performance of his duties.  The cost of such bond shall be paid by the City of Buckner, Missouri; however, should the City Clerk/Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.  (Ord. No. 477 §4, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.430:             COMPENSATION

The City Clerk/Administrator shall receive such compensation as may be determined from time to time by the Board of Aldermen.  (Ord. No. 477 §5, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.440:             REMOVAL OF CITY CLERK/ADMINISTRATOR

The City Clerk/Administrator shall serve at the pleasure of the appointing authority.  The majority of the full Board of Aldermen may remove the City Clerk/Administrator from office at will.  (Ord. No. 477 §6, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.450:             DUTIES

A.            General.  The City Clerk/Administrator shall serve as Chief Fiscal and Administrative Officer of the City with responsibility for the City’s finances, including the collection, disbursement of all funds, and signing documents in accordance with fiscal policies and resolutions of the City to include the requirement for cosigning.  Any and all funds invested must be one hundred percent (100%) protected and insured against any possible loss of funds.

B.            Clerk.  The City Clerk/Administrator shall also serve as the City Clerk and shall have all the authority, rights and duties thereof, and perform those duties.

C.            Assistant to Mayor.  The City Clerk/Administrator shall be the Chief Administrative Assistant to the Mayor.  Except as otherwise specified by ordinance or by the laws of the State of Missouri, the City Clerk/Administrator shall coordinate and generally supervise the operation of all departments of the City of Buckner, Missouri.

D.            City Collector.  The City Clerk/Administrator shall have supervisory control over the functions of City Collector.

E.            Court Clerk.  The City Clerk/Administrator shall have supervisory control over the functions of the Court Clerk.

F.            City Treasurer/Accountant.  The City Clerk/Administrator is hereby designated as City Treasurer/Accountant.

G.           Purchasing.  The City Clerk/Administrator shall be the Purchasing Agent for the City of Buckner, Missouri, and shall insure that all purchases are made in accordance with purchasing rules and procedures in Chapter 125 as approved by the Board of Aldermen.

H.            Budget.  The City Clerk/Administrator shall be the Budget Officer of the City of Buckner, Missouri, and shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the City in cooperation with standing committees and department heads, embodying in it a budget document with proper supporting schedules and an analysis to be submitted to the Mayor, the Administration and Finance Committee, and Board of Aldermen for their final approval.  This information shall be presented to the Mayor, the Administration and Finance Committee, and Board of Aldermen in accordance with Section 120.080.

I.             Financial Reports.  The City Clerk/Administrator shall make quarterly reports to the Mayor, Board of Aldermen, and department heads relative to the financial condition of the City.  Such reports shall show expenditures on a monthly and year-to-date basis as well as the amount budgeted on a monthly and year-to-date basis.  The City Clerk/Administrator shall cause financial reports to be published as required by State law.

J.             Annual Report.  The City Clerk/Administrator shall assist the Mayor in the preparation of the annual report of the City’s affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and Board of Aldermen may require.  The audited financial statements shall be presented to the Board of Aldermen on or before the one hundred eightieth (180th) day after the close of the fiscal year.

K.            Personnel System.  The City Clerk/Administrator shall act as the Personnel Officer of the City and shall implement an appropriate position classification system and pay plan adopted by the Mayor and Board of Aldermen.  The City Clerk/Administrator, after consultation with department heads, may approve advancements and appropriate pay increases within the approved pay plans and position classification system.  The City Clerk/Administrator shall have the power to appoint, suspend, and remove, in accordance with personnel system regulations approved by the Board of Aldermen, all subordinate employees of the City with the exception of appointive officials, as defined in Section 105.040(2).  Appointive officials shall be removed from office as per Section 105.050.  The City Clerk/Administrator shall make recommendations of appointment and removal of appointive officials to the Mayor.

L.             Policy Formulation.  The City Clerk/Administrator shall recommend to the Mayor, appropriate committees and Board of Aldermen adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the City or for the improvement of administrative services for the City, and shall administer said policies.

M.          Board Of Aldermen Agenda.  The City Clerk/Administrator shall submit to the Mayor and Board of Aldermen a proposed agenda for each Board of Aldermen meeting at least forty-eight (48) hours before the time of the regular Board meeting and said agenda shall be posted in accordance with the sunshine law of Missouri Section 610.020, RSMo.

N.           Boards And Commissions And Committees.  The City Clerk/Administrator shall work with all City Boards, Commissions and Committees as directed by the Mayor to help coordinate the work of each.

O.           Attend Board Of Aldermen Meetings.  The City Clerk/Administrator shall attend all meetings of the Board of Aldermen, unless excused therefrom, call the roll, keep the records, perform any and all other duties or functions prescribed by the Mayor and Board of Aldermen and take part in the discussion of all matters coming before the Board of Aldermen.  He shall give notice of all regular and special meetings of the Board of Aldermen.

P.            Bid Specifications.  The City Clerk/Administrator shall supervise the preparation of all bid specifications for services and equipment, and receive sealed bids for presentation to the Board of Aldermen.

Q.           State And Federal Aid Programs.  The City Clerk/Administrator shall coordinate Federal and State programs which may have application to the City of Buckner, Missouri.

R.            Conference Attendance.  The City Clerk/Administrator may attend State and regional conferences and programs applicable to his office, and the business of the City of Buckner, Missouri, whenever such attendance is directed and approved by the Mayor and Board of Aldermen.  Funds supplied by the City to reimburse the City Clerk/ Administrator for his expense will be in accordance with the travel reimbursement policy of the City.

S.            Press Releases.  The City Clerk/Administrator shall be responsible, with approval from the Mayor, for keeping the public informed in the purposes and methods of City Government through all available news media and all City press releases.

T.            Record Keeping.  The City Clerk/Administrator shall keep full and accurate records of all actions taken by him in the course of his duties, and he shall safely and properly keep all records and papers belonging to the City of Buckner, Missouri, and entrusted to his care that are deemed public records by the Statutes of the State; additionally, all official personnel records shall be maintained by the City Clerk/Administrator; all such records shall be and remain the property of the City of Buckner, Missouri.

U.           Ordinance Binding.  The City Clerk/Administrator shall periodically bind, or cause to be bound, all ordinances.

V.            Ordinance File.  The City Clerk/Administrator shall keep a numerical file of the original copies of all ordinance.

W.          Elections.  The City Clerk/Administrator shall be responsible for coordinating elections with Jackson County and processing all associated paperwork including election certifications.

X.            Emergency.  The City Clerk/Administrator shall, in the case of accident, disaster or other circumstances creating a public emergency, have the power to award contracts and make purchases for the purpose of alleviating the emergency when the Mayor or the Acting President of the Board of Aldermen cannot be contacted.  The City Clerk/Administrator shall notify the Mayor when possible and shall file a report with the Board of Aldermen covering such emergency action, the necessity for same, together with an itemized accounting of all expenditures incurred.

Y.            Miscellaneous.  In addition to the foregoing duties, the City Clerk/Administrator shall perform any and all other duties or functions prescribed by the Mayor and Board of Aldermen. (Ord. No. 477 §7, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.460:             POWERS

A.            City Property.  The City Clerk/Administrator shall have responsibility for all real and personal property of the City of Buckner, Missouri.  The City Clerk/Administrator shall make or cause to be made an inventory of all personal property over fifteen hundred dollars ($1,500.00) annually, before December thirty-first (31st), and develop values for property in conjunction with department heads.  Personal property may be sold by the City Clerk/Administrator only with approval of the Board of Aldermen.  Real property may be sold only with the approval of the Board of Aldermen by resolution or ordinance.

B.            Recommendations And Representations.  The City Clerk/Administrator shall make recommendations on City capital improvements and equipment expenditures, recommend projects, assist in the selection of consultants, and direct and participate in negotiating easements.  He shall also represent the City’s interests with contractors and utilities, before the media and with other public jurisdictions, and shall lobby on the City’s behalf.

C.            Set Administrative Policies.  The City Clerk/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 he shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service except those prescribed by the Board of Aldermen.

D.            Coordinate Departments.  The City Clerk/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.  In addition, he shall have the power to delegate tasks to any employee to accomplish his duties and the goals of the City.

E.            Complaints, Investigations And Reports.  The City Clerk/Administrator shall have the power to investigate and 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 required by the Mayor and Board of Aldermen.  The City Clerk/Administrator shall either handle or direct to the proper department head or other authority all complaints received by the City.  The City Clerk/Administrator shall demonstrate the ability to establish and maintain effective working relationships with City officials, department heads, employees, community and business representatives, the media, and the general public.

F.            Coordinate Officials.  The City Clerk/Administrator shall have the power to overrule any action taken by a department head, and may supersede him in the functions of his office.

G.           Bill And Ordinance Preparation. The City Attorney may prepare and/or review bills and ordinances at the direction of the City Clerk/Administrator, Mayor or Board of Aldermen. The City Clerk/Administrator shall prepare appropriate copies thereof.

H.            At no time shall the duties or powers of the City Clerk/Administrator supersede the action by the Mayor and Board of Aldermen.  (Ord. No. 477 §8, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.470:             INTERFERENCE BY MEMBERS OF THE BOARD OF ALDERMEN

No individual member of the Board of Aldermen shall directly interfere with the conduct of any department or duties of employees subordinate to the City Clerk/Administrator.  (Ord. No. 477 §8, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

ARTICLE XI – HEALTH OFFICER

SECTION 105.480:             HEALTH OFFICER DESIGNATED

The Jackson County Health Officer or Supervisor of Public Works is hereby designated as the official Health Officer for the City of Buckner, Missouri, for all ordinances requiring such a designated official.

ARTICLE XII – WAGES AND SALARIES

SECTION 105.490:             COMPENSATION FOR CONTRACT EMPLOYEES

The Mayor or his/her designated representative is authorized to make recommendation of employment and hire the following persons at their respective premises, subject to vote of approval by the Board of Aldermen.

                1.            City Attorney                                                                     Negotiated Contract

                2.            Municipal Judge                                                               Negotiated Contract

                3.            City Prosecutor                                                 Negotiated Contract

(Ord. No. 631 §1, 10-5-00)

SECTIONS 105.500–105.510:        RESERVED

                                Editors Note–Ord. no. 631 §1, adopted October 5, 2000, repealed sections 105.500–105.510 with no replacement provisions; former sections 105.500–105.510 derived from CC 1999, §§105.500–105.510.

SECTION 105.520:             ANNUAL REVIEW OF SALARIES

The department heads shall annually review the salaries of all City employee under their supervision by June thirtieth (30th) of each year to consider changes in their salary based upon performance and the salary schedule on file in the Clerk’s office and make recommendations to the Mayor or his/her designated representative for approval.  The entire salary schedule for each group of employees will be reviewed yearly by the Budget Committee with recommendations submitted with the annual City budget to the Board of Aldermen.  Changes in the salary schedule shall be effective after the beginning of the next fiscal year (October first (1st) through September thirtieth (30th)).  Raises shall begin on October first (1st) of each year.  (Ord. No. 631 §1, 10-5-00; Ord. No. 745 §2, 6-1-06)

SECTION 105.530:             MAYOR’S SALARY AND COMPENSATION

The Mayor of the City of Buckner, Missouri, hereafter shall receive a sum as set by the Board of Aldermen from time to time, per year payable quarterly.  In addition to salary, the Mayor shall receive the further sum of forty dollars ($40.00) per meeting for each meeting of the Mayor and Board of Aldermen.  The Mayor shall also receive fifty dollars ($50.00) per month for travel and car expense, payable monthly.  These sums may be adjusted by vote of the Board of Aldermen.  Any such adjustment in salary shall be effective after the next general municipal election involving the position of Mayor.  (Ord. No. 631 §1, 10-5-00)SECTION 105.540:    BOARD OF ALDERMEN’S SALARY

The Board of Aldermen of the City of Buckner, Missouri, shall each receive as their compensation a sum per year as set by the Board of Aldermen from time to time, per year, payable quarterly plus the sum of forty dollars ($40.00) per meeting for each meeting of the Mayor and Board of Aldermen.  These sums may be adjusted by vote of the Board of Aldermen.  Any such adjustment in salary shall become effective following two (2) municipal general elections.  (CC 1979 §29.045; Ord. No. 463 §29.045, 4-14-88; Ord. No. 631 §1, 10-5-00)

SECTION 105.550:             CITY COLLECTOR’S SALARY OR COMPENSATION

The City Collector shall receive as his or her compensation a sum as set by the Board of Aldermen from time to time and said salary shall be due and payable annually.  (CC 1979 §29.050; Ord. No. 463 §29.050, 12-3-87; Ord. No. 691 §1, 1-2-03)

SECTION 105.560:             RESERVED

                                Editor’s Note–Ord. no. 631, adopted October 5, 2000, repealed section 105.560 with no replacement provisions; former section 105.560 derived from CC 1979 §29.055 and ord. no. 463 §29.055, 4-14-88.

SECTION 105.570:             CONTINUING EDUCATION REQUIREMENTS

Each employee of the City of Buckner, Missouri, may be required to attend additional education or seminar programs as a condition of their continued employment.  Such attendance and participation in such education or seminar programs will be at the discretion of the Mayor, Board of Aldermen, City Administrator and/or Department Head of the individual department in which such employee works.

CHAPTER 110:

BOARD OF ALDERMEN

ARTICLE I – GENERAL PROVISIONS

SECTION 110.010:             REGULAR MEETINGS

The Board of Aldermen of this City shall normally meet in regular session in the Council Chambers at City Hall at the hour of 7:00 P.M. on the first (1st) Thursday of each month or at such other date, place and time as provided by notice and shall meet at least one (1) time in a regular session at least one (1) time per calendar month.  Further, the Board of Aldermen shall normally meet in a study session in the Council Chambers at City Hall at the hour of 7:00 P.M. on the third (3^rd) Thursday of each month or at such other date, place and time as is provided by notice.  Each study session of the Board of Aldermen shall not be considered as a meeting of the Board of Aldermen for the purpose of compensating the Mayor and Aldermen as set forth in Sections 105.530 and 105.540.  (Ord. No. 572 §1, 5-7-98)

SECTION 110.020:             SPECIAL MEETINGS

Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk, who shall thereupon prepare a notice of such special meeting, stating time, place and object thereof, which notice shall be served personally upon each member of the Board or left at his usual place of residence at least twelve (12) hours before the time of the meeting. It shall also be the duty of the City Administrator and City Clerk, immediately upon receipt of the request for the meeting, to make diligent effort to notify each member of the Board in person, either by telephone or otherwise, of such special session.

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

                2.            Failure to comply with the requirements of this Section shall not invalidate any action taken at a special meeting of the Board of Aldermen.  (CC 1979 §24.020)

SECTION 110.030:             QUORUM

A quorum of the Board of Aldermen shall consist of a majority of the full membership.  (CC 1979 §24.030)

SECTION 110.040:             COMPELLING ATTENDANCE

In case that a lesser number than a quorum shall convene at a regular or special meeting of the Board of Aldermen, the majority of the members present are authorized to direct the Chief of Police or other City officer to send for and compel the attendance of any or all absent members upon such terms and conditions and at such time as such majority of the members present shall agree.  (CC 1979 §24.040)SECTION 110.050:          DUTIES OF MAYOR AS PRESIDENT OF BOARD

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

B.            The Mayor shall appoint all committees, subject to the concurrence of the Board of Aldermen, the appointment or election of which is not otherwise provided for by this Code or other ordinance.  (CC 1979 §24.050)

SECTION 110.060:             ACTING PRESIDENT–ELECTION

The Board shall elect one (1) of their own number who shall be styled “Acting President of the Board of Aldermen” and who shall serve for a term of one (1) year.  (RSMo. §79.090)

SECTION 110.070:             ACTING PRESIDENT TO PERFORM DUTIES OF MAYOR–WHEN

When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor’s return.  (RSMo. §79.100)

SECTION 110.080:             RULES OF ORDER

Except as otherwise provided by law or ordinance, the proceedings of the Board of Aldermen shall be controlled by Robert’s Rules of Order, as revised. (CC 1979 §24.065)

SECTION 110.090:             DECORUM

The Presiding Officer of the Board of Aldermen shall preserve decorum and shall decide all questions of order subject to appeal to the Board of Aldermen.  Any member may appeal to the Board from a ruling of the Presiding Officer upon a question of order.  If the motion for an appeal is seconded, the member making the appeal may briefly state his reason for the same and the Presiding Officer may briefly express his ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion.  The Presiding Officer shall then put the question to vote as to whether the decision of the chair shall be sustained.  If a majority of the members present vote “aye”, the ruling of the chair is sustained; otherwise, it is overruled.  (CC 1979 §24.070)

SECTION 110.100              VOTING

Every member of the Board shall vote upon every question and when requested by any member the vote upon any question shall be taken by “ayes” and “nays” and be recorded, except that no member may vote upon any question in which he has an interest, which might create a conflict of interest.  (CC 1979 §24.075)

SECTION 110.110:             ORDER OF BUSINESS

At the meetings of the Board of Aldermen, the order of business shall be as follows:

                1.            Call the meeting to order.

                2.            Pledge of allegiance.

                3.            Minutes of last meeting.

                4.            Public comments.

                5.            Consent agenda.

                6.            Unfinished business.

                7.            New business.  (CC 1979 §24.090; Ord. No. 571 §1, 5-7-98; Ord. No. 579 §1, 9-3-98)

SECTION 110.120:             EXPRESSION OF DISSENT OR PROTEST BY MEMBER

Any member of the Board of Aldermen shall have the right to express dissent from or protest against any ordinance or resolution of the Board and to have the reason there for entered upon the journal.  Such dissent or protest shall be filed in writing and presented to the Board of Aldermen not later than the next regular meeting following the date of the passage of the ordinance or resolution to which objection is taken.  (CC 1979 §24.100)

SECTION 110.130:             PUBLIC MEETINGS

All meetings of the Board shall be open to the public, except when permitted by law the Board may hold a closed meeting.  (CC 1979 §24.110)

SECTION 110.140:             WHEN BILLS MAY BE AMENDED

Any bill shall be subject to amendment until the vote upon final passage.  (CC 1979 §24.140)

SECTION 110.150:             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 1979 §24.150)

SECTION 110.160:             SPECIAL COMMITTEES

All Special Committees shall be appointed by the Mayor of the City unless otherwise ordered by a majority of the Board.  By consent of a majority of the Board, a Special Committee may be appointed at any time to hold public hearings for the Board upon any matter pending before it.  A Special Committee is a committee composed of members of the Board of Aldermen; the concurrence of the Board shall not be required as to the membership of the Special Committee, unless the Board shall order otherwise.  (CC 1979 §24.160)

SECTION 110.170:             JOURNAL TO BE KEPT

The Board of Aldermen shall cause to be kept a journal of its proceedings, and the “ayes” and “nays” shall be entered on any question at the request of any member.  (CC 1979 §24.170)

SECTION 110.180:             RULES OF PROCEDURE

The Board of Aldermen may by resolution prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business, but such rules shall not contravene the requirements of this Code or other ordinance.  (CC 1979 §24.180)

SECTION 110.190:             ATTENDANCE AND OATH OF WITNESSES — FEE FOR EXECUTION OF PROCESS

The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved, and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process.  Such officer (other than a City officer) shall receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City.  The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.  (CC 1979 §24.190)

SECTION 110.200:             AMENDMENT OR SUSPENSION OF RULES

Any rule of the Board may be repealed, altered or amended by majority consent of the members.  Every amendment offered shall lie on the table until the next meeting of the Board before being voted upon except by the unanimous consent of all elected members of the Board of Aldermen (including the Mayor).  Any rule may be suspended by unanimous consent of the members of the Board, or quorum being present by unanimous consent.  (CC 1979 §24.200; Ord. No. 690 §1, 1-2-03)

SECTION 110.210:             ABSENCES FROM REGULAR OR SPECIAL MEETINGS

The Mayor or any member of the Board of Aldermen who is absent from a regular or special meeting of the Board shall not receive compensation as set out in Sections 105.530 and 105.540 herein.  The Mayor or any member of the Board of Aldermen who is late to a regular or special meeting of the Board of Aldermen for one (1) hour or more is considered absent for the purpose of compensation.  (CC 1979 §24.210)

ARTICLE II – CLOSED MEETINGS, RECORDS, VOTES

SECTION 110.220:             DEFINITIONS

As used in this Article unless the context otherwise indicates, the following terms mean:

CLOSED MEETING, CLOSED RECORD, OR CLOSED VOTES:  Any meeting, record, or vote closed to the public.

PUBLIC GOVERNMENTAL BODY:  Any legislative or administrative governmental entity created by the Constitution or Statutes of this State, by order or ordinance of any political subdivision or district, or by executive order, including any body, agency, board, bureau, council, commission, committee, board of regents or board of curators of any institution of higher education, supported in whole or in part from State funds, advisory committee or commission appointed by the Governor by executive order, department or division of the State, of any political subdivision of the State, of any County or of any Municipal Government, school district or special purpose district, any legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members having rulemaking or quasi-judicial power, any committee appointed by or under the direction or authority of any of the above-named entities and which is authorized to report to any of the above-named entities, and any quasi-public governmental body.  The term “quasi-public governmental body” means any corporation organized or authorized to do business in this State under the provisions of RSMo. Chapters 352, 353, or 355, or unincorporated association which (1) performs a public function, and which (2) has as its primary purpose to enter into contracts with public governmental bodies, or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; except urban redevelopment corporations organized or authorized to do business under the provisions of RSMo. Chapter 353, which are privately owned, operated for profit, and do not expend public funds.

PUBLIC MEETING:  Any meeting of a public governmental body subject to RSMo. Sections 610.010 to 610.030 at which any public business is discussed, decided, or public policy formulated.  The term “public meeting” shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of State law.

PUBLIC RECORD:  Any record retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared and presented to the public governmental body by a consultant or other professional service paid for in whole or in part by public funds.

PUBLIC VOTE:  Any vote cast at any public meeting of any public governmental body.  (CC 1979 §24.220; Ord. No. 457 §1, 11-5-87)

SECTION 110.230:             CLOSURE TO THE PUBLIC OF CERTAIN MEETINGS, RECORDS AND VOTES

Except to the extent disclosure is otherwise required by law and subject to additional actions on the part of the City of Buckner, Missouri as may be required by law.

1.        All meetings, records, and votes of the City of Buckner or its governmental bodies are closed to the public, to the extent they relate to the following:

                a.            Legal actions, causes of action, or litigation involving the City of Buckner, Missouri or any public governmental body of the City and any confidential or privileged communications between the City of Buckner, Missouri and its public governmental bodies or their representatives and their attorneys.  However, any vote relating to litigation involving the City of Buckner, Missouri or its public governmental bodies shall be made public upon final disposition of the matter voted on; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action.  Legal work product shall be considered a closed record.

                b.            Lease, purchase, or sale of real estate by the City of Buckner, Missouri or its public governmental bodies where public knowledge of the transaction might adversely affect the legal consideration therefore.  However, any vote or public record approving a contract relating to the lease, purchase, or sale of real estate by the City of Buckner, Missouri or its public governmental bodies shall be made public upon execution of the lease, purchase, or sale of the real estate.

                c.             Hiring, firing, disciplining, or promoting an employee of the City of Buckner, Missouri or its public governmental bodies when personal information about a Public Employee is discussed or recorded.  However, any vote on a final decision, when taken, by the City of Buckner, Missouri or its public governmental bodies, to hire, fire, promote, or discipline an employee of the City of Buckner or its public governmental bodies must be made available to the public with a record of how each member voted within seventy-two (72) hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice before such decision is made available to the public.

                d.            Non-judicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment.

                e.            Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again. 

f.          Welfare cases if identifiable individuals.

                g.            Preparation, including any discussions or work product, on behalf of the City of Buckner, Missouri or its public governmental bodies or their representatives, for negotiations with employee groups.

                h.            Software codes for electronic data processing and documentation thereof.

                i.              Specifications for competitive bidding, until either the specifications are officially approved by the City of Buckner, Missouri or its public governmental bodies or the specifications are published for bid.

                j.             Sealed bids and related documents, until the earlier of either when the bids are opened, or all bids are accepted, or all bids are rejected.

                k.            Individually identifiable personnel records, performance ratings, or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries, and lengths of service of officers and employees of the City of Buckner, Missouri and its public governmental bodies, once they are employed as such.

                l.              Records that are protected from disclosure by law.

                m.           Meetings and public records relating to the scientific and technological innovations in which the owner has a proprietary interest.

                n.        Confidential or privileged communications between the City of Buckner, Missouri or its public governmental bodies and its auditor, including all auditor work product.

                o.        Operational guidelines and policies developed, adopted, or maintained by the City of Buckner, Missouri or any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health.  Nothing in this exception shall be deemed to close information regarding expenditures, purchased, or contracts made by the City of Buckner, Missouri or any public agency responsible for law enforcement in implementing these guidelines or policies.  When seeking to close information pursuant to this exception, the City of Buckner, Missouri or any public agency responsible for law enforcement shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the record.  This exception shall sunset of December 31, 2008.

                p.        Existing or proposed security systems and structural plans of real property owned or leased by the City of Buckner, Missouri or its public governmental bodies, and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to the City of Buckner, Missouri or its public governmental bodies for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety.

                          Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open.

                          When seeking to close information pursuant to this exception, the City of Buckner, Missouri or its public governmental bodies shall affirmatively state in writing that disclosure would impair the City of Buckner, Missouri or its public governmental bodies ability to protect the security of safety of persons or real property, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure or the records.

                         Records that are voluntarily submitted by a non-public entity shall be reviewed within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a security interest.  If retention is not necessary, the documents shall be returned to the non-public entity or destroyed.

                q.      Records that identify the configuration of components or the operation of a computer, computer system, computer network, or telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network, or telecommunications network of the City of Buckner, Missouri or its public governmental bodies.  This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records.  Records related to the procurement of or expenditures relating to such computer, computer system, computer network, or telecommunications network, including the amount of money paid by, or on behalf of, the City of Buckner, Missouri or its public governmental bodies for such computer, computer system, computer network, or telecommunications network shall be open.

                r.      Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between the City of Buckner, Missouri or its public governmental bodies and a person or entity doing business with the City of Buckner, Missouri or its public governmental bodies.  Nothing in this section shall be deemed to close the record of a person or entity using a credit card held in the name of the City of Buckner, Missouri or its public governmental bodies or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by the City of Buckner, Missouri or its public governmental bodies.

                2.      All records that may be closed hereby are deemed closed records unless the City of Buckner, Missouri or its public governmental bodies vote to make them public.  Before closing a meeting to the public, a majority of a quorum of the governmental body must vote to do so in a public vote.  The vote of each member of the governmental body on the question of closing the meeting or vote and the reason for closing the meeting by reference to a specific exception shall be announced at a public meeting and entered into the minutes. 

                3.      The governmental body shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception.  The notice shall be the same as in four (4) below.  No other business may be discussed in a closed meeting that does not directly relate to the specific reason announced to close the meeting to the public.  The City of Buckner, Missouri or its public governmental bodies holding a closed meeting must close only an existing portion of the meeting facility necessary to house the members of the City of Buckner, Missouri of its public governmental bodies in the closed session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session.

                4.     The City of Buckner, Missouri or its public governmental bodies shall give notice of the time, date, place and tentative agenda of each meeting.  The notice shall be placed on the appropriate bulletin board at City Hall at least 24 hours exclusive of weekends and holidays, prior to the meeting.  If an emergency makes it impossible to give 24 hours notice, the reason must be reflected in the minutes.  Notice also shall be given to any representative of the news media who requests notice of a particular meeting.

                5.     Each meeting shall be held at a place reasonably accessible to the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical.  When it is necessary to hold a meeting on less than twenty-four (24) hours notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.

                6.     A formally constituted subunit of the City of Buckner, Missouri or its public governmental bodies may conduct a meeting without notice during a lawful meeting of the City of Buckner, Missouri or its public governmental bodies, a recess in that meeting, or immediately following that meeting of the subunit is publicly announced at the City of Buckner, Missouri or its public governmental bodies meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the City of Buckner, Missouri or its public governmental bodies. 

                7.     The City of Buckner, Missouri or its public governmental bodies shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting.  The City of Buckner, Missouri or its public governmental bodies may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting.  No audio recording of any meeting, record, or vote closed pursuant to the provisions of section 610.021 shall be permitted without permission of the City of Buckner, Missouri or its public governmental bodies; any person who violates this provision shall be guilty of a class C misdemeanor.

                8.     Any member of the City of Buckner, Missouri or its public governmental bodies who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member’s public office computer or the custodian of records in the in the same format.  The provisions of this section shall only apply to messages sent to two or more members of the body so that, when counting the sender, a majority of the body’s members are copied.  Any such message received by the custodian or at the member’s office computer shall be a public record subject to the exceptions above,

                9.     The City Administrator shall be the custodian of records and will be responsible for maintenance and control of all records.  The Custodian shall provide public access to all public records as soon as possible but no later than the third business day following the date the request is received by the custodian,  If additional delay is necessary, the custodian shall give an explanation for the delay and the date the record will be available for inspection.

                If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial.  Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date the request for the statement is received.

                The custodian shall charge ten (10) cents per page (9 by 14 inches paper), duplicating time (not to exceed average hourly rate for clerical staff), and the actual cost of research time.  The custodian shall receive payment prior to duplicating copies.

                Fees for providing access to public records maintained on computer facilities, recording, tape, or disks, videotapes or films, pictures, maps slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine by fourteen inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the City of Buckner, Missouri or its public governmental bodies required for making copies and programming, if necessary, and the cost of the disk, tape, or other medium used for the duplication.  Fees for maps, blueprints, or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats.  If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming.

SECTION 110.240:             REASONABLE FEES ESTABLISHED FOR PROVIDING ACCESS TO OR COPIES OF PUBLIC RECORDS

                A.  Fees for copying public records, except those records restricted under Section 32.091, RSMo., shall not exceed ten cents ($0.10) per page for a copy not larger than nine (9) by fourteen (14) inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the City of Buckner, Missouri or its public governmental bodies.  Research time required for fulfilling records requests may be charged at the actual cost of research time.  Based on the scope of the request, the City of Buckner, Missouri or its public governmental bodies shall produce the copies using employees of the City that result in the lowest amount of charges for search, research, and duplication time.  Prior to producing copies of the requested records, the person requesting the records may request the City to provide an estimate of the cost to the person requesting the records.  Documents may be furnished without charge or at a reduced charge when the City determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the City of Buckner, Missouri or its public governmental bodies and is not primarily in the commercial interest of the requester. 

                B.  Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies, larger than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the City of Buckner, Missouri or its public governmental bodies required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication.  Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats.  If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual cost of such programming.

                All monies received by the City of Buckner, Missouri or its public governmental bodies will be paid over to the City Clerk or his/her designee to be deposited in the City’s General Fund.  (CC 1979 §24.220; Ord. No. 457 §4, 11-5-87)

SECTION 110.250:             WRITTEN POLICY STATEMENT AUTHORIZED

The Mayor, the City Administrator, the City Attorney, and other City officials are hereby authorized to draft and implement a written policy concerning the provision of information on records, meetings, and votes, in compliance with State law.  Such written policy may be implemented by said City officials and reviewed by the Board of Aldermen from time to time.  (CC 1979 §24.220; Ord. No. 457 §5, 11-5-87)

CHAPTER 115:

GENERAL AND SPECIAL ELECTIONS

                                Cross Reference–As to filling vacancies in election office, see §105.090 of this code.

SECTION 115.010:             DATE OF GENERAL ELECTION

A general election for the elective officers of this City shall be held on the first (1st) Tuesday in April of each year in accordance with Section 115.030 of this Chapter.

                1.            On the first (1st) Tuesday in April of even-numbered years, an election shall be held by the qualified voters of each Ward in the City for Mayor and for one (1) Alderman for each Ward who shall hold their respective offices for the term of four (4) years and until their successors shall be elected and qualified.

                2.            On the first (1st) Tuesday in April of odd-numbered years, an election shall be held by the qualified voters of each Ward of this City for one (1) Alderman for each Ward who shall hold their respective offices for the term of four (4) years and until their successors shall be elected and qualified.  (CC 1979 §31.010; Ord. No. 460 §31.010, 1-7-88; Ord. No. 587 §1, 1-7-99; Ord. No. 588 §1, 1-7-99; Ord. No. 608 §1, 11-4-99)

                                Editor’s Note–Ord. no. 587 §1, adopted January 7, 1999, and passed in the election of April, 1999, changed the term of Aldermen from 2 years to 4 years. At the editor’s discretion we have changed the above language to reflect that change. Additionally, ord. no. 588 §1, adopted January 7, 1999, and passed in the election of April, 1999, changed the Collector from an elected to an appointed office, as a result of that change we have removed Collector from the listing of elected officials in Subsection (1) hereof.

SECTION 115.020:             FILING OF CANDIDATES

Any candidate for office at any general election may file for such office from the fifteenth (15th) Tuesday prior to the election each year until 5:00 P.M. on the eleventh (11th) Tuesday prior to the election.  The candidate shall notify the City Clerk in writing of his or her candidacy giving his or her name, residence address, the office for which he or she is a candidate and if a candidate has all of the qualifications provided by law for the office for which he or she is a candidate.  (CC 1979 §31.020; Ord. No. 460 §31.020, 1-7-88; Ord. No. 546 §115.020, 8-1-96)

SECTION 115.030:             CONDUCT OF ELECTIONS

The Jackson County Board of Election Commissioners shall conduct all elections occurring within the City of Buckner, Missouri, and the City Clerk shall certify the names to the Board of Election Commissioners no later than the tenth (10th) Tuesday prior to election.  (CC 1979 §31.040; Ord. No. 460 §31.040, 1-7-88; Ord. No. 546 §115.030, 8-1-96)

CHAPTER 120:

FINANCES AND RECORDS

ARTICLE I – FISCAL YEAR

SECTION 120.010:             FISCAL YEAR

The fiscal year of this City shall begin on October first (1st), and end on September thirtieth (30th) of the next succeeding year.  (CC 1979 §22.010; CC 1979 §22.160; Ord. No. 585 §1, 11-5-98)

ARTICLE II – BUDGET

SECTION 120.020:             BUDGET REQUIRED

Prior to the commencement of each fiscal year, a budget for the City shall be prepared, and the same will be presented to and approved by the Board of Aldermen.  The format of the budget is on file in the office of the City Clerk.  (CC 1979 §22.100)

SECTION 120.030:             BUDGET CONTENTS

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

                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 for each department office, Commission and other classification for the budget year, plus a comparative statement of actual or estimated 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.            A general summary of the total proposed budget.  (CC 1979 §22.110)

SECTION 120.040:             BUDGET OFFICER

The Budget Officer for this City shall be the City Administrator.  It is the responsibility of the Budget Officer to prepare the budget after reviewing expenditure requests and revenue estimates with other City officers.  The Budget Officer shall submit the completed budget and supporting schedules and exhibits to the Mayor, who shall present the same to the Board of Aldermen.  (CC 1979 §22.120)

SECTION 120.050:             MAYOR TO SUPERVISE

The Budget Officer shall prepare the City budget under the direction of the Mayor.  The Mayor shall concur in the budget prior to its submission to the Board of Aldermen.  (CC 1979 §22.130)

SECTION 120.060:             EXPENDITURES LIMITED

Expenditure estimates in the budget shall not be larger in amount than the total anticipated revenue for the budget year, plus any surplus from the previous year or less any deficit from the previous year.  (CC 1979 §22.140)

SECTION 120.070:             DEBT LIMITED

The City shall not incur any debts which aggregate an amount greater than the anticipated revenues for the budget year, without the approval of the voters of the City, as required by law, plus any unencumbered balances from the previous year.  (CC 1979 §22.150)

SECTION 120.080:             BUDGET CALENDAR

A.            The Administration and Finance Committee of the Board of Aldermen will, at the direction of the Mayor who is the Budget Officer, oversee the budget process.

B.            During January, the Administration and Finance Committee will prepare a budget calendar for the current year.  This calendar will reflect the City ordinance and identify significant dates and outline the process through budget adoption and implementation.

C.            During February, the budget documents, including instructions, will be distributed by the Administration and Finance Committee to all of the departments.  Each of the departments will prepare their individual expenditure budgets and capital reserve budgets.  The Administration and Finance Committee will prepare revenue estimates for the next fiscal year.

D.            During April, department heads will submit their budget requests to the Administration and Finance Committee.  A department head/Mayor workshop will be held to discuss and prioritize expenditure proposals.

E.            During May, the Administration and Finance Committee will review the wage schedule in accordance with Section 105.520 of the City Code.

F.            During June, the Mayor will meet with each department head and the Administration and Finance Committee to review the budget requests.  Based on these meetings, the Mayor will submit a proposed budget to the Board of Aldermen.

G.           The Mayor and Board of Aldermen will hold a budget workshop to review the entire proposed budget.  This meeting is not a “hearing” and need only comply with the Sunshine Law of the State of Missouri in relation to open meetings.

H.            Before the first (1st) Board of Aldermen meeting in September, the Mayor and Board of Aldermen will hold a public hearing on the proposed budget.

I.             At the first (1st) Board of Aldermen meeting in September, or by Special Session thereafter, the Mayor and Board of Aldermen will approve and appropriate the budget by ordinance.  This meeting is not a “hearing,” it need only comply with the Sunshine Law of the State of Missouri in relation to open meetings.

J.             The budget will go into effect the first (1st) day of October.  (CC 1979 §22.160; Ord. No. 592 §1, 2-4-99; Ord. No. 647 §1, 9-6-01)

SECTION 120.090:             BUDGET PROCEDURES

To the maximum extent practicable, and to the extent it does not conflict with State law, this Code, or other ordinance, the budget shall be prepared in accordance with A Guide to Budgeting for Missouri Municipalities, published by the Missouri Municipal League.  (CC 1979 §22.170)

ARTICLE III – RECORDS MANAGEMENT

SECTION 120.100:             CITY CLERK KEEP RECORDS

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

                1.            As used in this Article, 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 Article, 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.  (CC 1979 §22.200)

SECTION 120.110:             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 1979 §22.210)

SECTION 120.120:             DISPOSAL OF CONFISCATED OR ABANDONED PROPERTY

All personal property coming into the custody, control, or possession of the City of Buckner, Missouri, or its officers, either by abandonment or confiscation, which remains unclaimed by the owner thereof for a period of one (1) year shall be disposed of by public auction or otherwise as determined by the Board of Aldermen.  (CC 1979 §22.220; Ord. No. 372 §22.220, 5-1-80)

ARTICLE IV – TAXATION

SECTION 120.125:             CITY SALES TAX

Pursuant to the authority granted by and subject to the provisions of Sections 94.500 to 94.570, RSMo., a tax for general revenue purposes is hereby imposed upon all sellers 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 to 144.510, RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto.  The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within Buckner, Missouri, if such property and taxable services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.510, RSMo. The tax shall be collected pursuant to the provisions of Sections 94.500 to 94.570, RSMo. (Ord. No. 294 §1, 9-10-75)

SECTION 120.130:             CAPITAL IMPROVEMENTS TAX

There is hereby established a sales tax of one-half (½) 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 Buckner for the purposes of funding capital improvements, including the operation and maintenance of capital improvements, which may include the retirement of debt or other obligations previously authorized by the City, as authorized under Section 94.577.1, RSMo.  (Ord. No. 541 §§1–2, 5-2-96)

SECTION 120.140:             USE TAX FOR PARK FUND CAPITAL IMPROVEMENT PURPOSES

A.            Pursuant to the authority granted by, and subject to, the provisions of Sections 144.600 through 144.761 RSMo., a use tax for park fund capital improvement purposes is imposed for the privilege of storing, using or consuming within the City any article of tangible personal property.  This tax does not apply with respect to the storage, use or consumption of any article of tangible personal property purchased, produced or manufactured outside this State until the transportation of the article has finally come to rest within this City or until the article has become commingled with the general mass of property of this City.

B.            The rate of the tax shall be fifteen thousandths of one dollar.  If any City sales tax is repealed or the rate thereof is reduced or raised by voter approval, the City use tax rate also shall be deemed to be repealed, reduced or raised by the same action repealing, reducing or raising the City sales tax.  (Ord. No. 618 §§1–2, 5-11-00)

SECTION 120.150:             SALES TAX FOR TRANSPORTATION PURPOSES

There is hereby established a sales tax of one-half of one percent (0.5%) for transportation purposes.  (Ord. No. 731 §§1–3, 6-2-05)

CHAPTER 125:

PROCUREMENT, CONFLICT OF INTEREST

ARTICLE I – PROCEDURE

SECTION 125.010:             PURCHASES LIMITED

No person shall procure for the City any supplies or services without first obtaining a purchase order from the Mayor or the City Clerk/Administrator, and submitting it to the vendor of the supplies or services.  The City will not be obligated to accept or pay for any supplies or services procured without such a purchase order.  (CC 1979 §25.010; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.020:             PURCHASE ORDER ISSUED WHEN

Purchase orders shall not be issued unless authorized below:

                1.            The Mayor or the City Clerk/Administrator may issue a purchase order for an item, the cost of which is less than one thousand dollars ($1,000.00).

                2.            Department heads may issue a purchase order for an item, the cost of which is less than two hundred fifty dollars ($250.00), without prior permission of the Board of Aldermen, the Mayor or the City Clerk/Administrator except as restricted in Schedule 1 of this Chapter.

                3.            The Park Board may authorize expenditures up to the appropriated amounts as per Schedule 1 of this Chapter.

                4.            All other purchase orders may be issued only after approval by the Board of Aldermen.   (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.030:             MAYOR OR THE CITY CLERK/ADMINISTRATOR TO INFORM VENDORS

Upon the receipt by the Mayor or the City Clerk/Administrator of any bill for supplies or services without an attached purchase order, the Mayor or the City Clerk/ Administrator shall contact the vendor involved and inform him that all purchases require a purchase order.  The bill shall be returned to the vendor who shall be responsible for obtaining the proper purchase order before submission to the Board of Aldermen.  Provided, that the Mayor or the City Clerk/Administrator may submit a vendor’s bill to the Board of Aldermen for payment (and telephonically notify the vendor to comply in the future) if the Mayor or the City Clerk/Administrator believes the failure to procure the purchase order was inadvertent on the part of the vendor.  (CC 1979 §25.030; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)SECTION 125.040:                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 interests and the public interest; nor shall he or any firm or business entity of which he is an officer, agent or member, or the owner of substantial interest, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.  (CC 1979 §25.040; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.050:             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 1979 §25.050; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.060:             CONFLICT OF INTEREST — PENALTIES

Any person who violates the provisions of Section 125.040 or Section 125.050 shall, upon conviction thereof, be punished as provided in Sections 100.200 and 100.210 of this Code.  (CC 1979 §25.060; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.070:             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 Sections 100.200 and 100.210 of this Code.  (CC 1979 §25.070; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.080:             BILL PRESENTED TO BOARD

Whenever the City of Buckner shall become indebted to any person in any sum of money, the auditing and payment of which is not otherwise provided for, the claimant shall make out an accurate detailed account or statement thereof in writing and shall then present the same to the Board of Aldermen.  (CC 1979 §25.080; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)SECTION 125.090:       RESERVED

                                Editor’s Note–Ord no. 621 §1, adopted July 6, 2000, and Ord. No. 672 §1, adopted September 5, 2002, repealed section 125.090, “Refer to Finance Committee”; former section 125.090 derived from CC 1979 §25.090.  This section has been left reserved for the City’s future use.

SECTION 125.100:             ALLOW BILL WHEN

It shall be the duty of the Board of Aldermen to carefully examine every claim and the certificates and endorsements thereon, and if the same is found just and correct, to allow the same and to order a warrant to be issued by the Mayor, countersigned by the City Clerk/Administrator and with the Seal of the City affixed thereto, in favor of such claimant payable out of the City Treasury; but no warrant shall be issued for payment of any claim until debt for taxes, licenses, or upon any other account due to the City of Buckner, from such claimant, shall have first been paid.  (CC 1979 §25.100; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.110:             PAYMENT ONLY IF CITY HAS MONEY

No warrant shall be drawn upon the City Clerk/Administrator, nor shall any ordinance appropriating money be passed, unless there is an unexpended balance to the credit of the City in the Treasury upon which such warrant is drawn or which said ordinance appropriates.  (CC 1979 §25.110; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

ARTICLE II – PUBLIC WORKS CONTRACTS

SECTION 125.120:             TO BID PROJECTS

All public capital improvements of whatever character which may be contracted by the City of Buckner shall be awarded to the lowest and/or best bidder.  (CC 1979 §25.500; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.130:             ADVERTISE FOR BIDS

Whenever the Board of Aldermen shall order work done in any part of the City, it shall be the duty of the Mayor or the City Clerk/Administrator to advertise for bids at least three (3) days in some newspaper circulated in the City of Buckner, that sealed proposals will be received in his office during that space of time for doing said work, giving a general description of the work, and giving notice that full plans and specifications can be seen at his office, which plans and specifications shall have been furnished by the Mayor or the City Clerk/Administrator, at, or prior to the time of ordering such advertisement for proposals.  Such notice shall also contain the statement of the fact that the City reserves the right to reject any or all proposals.  (CC 1979 §25.510; Ord. No. 360 §25.510, 8-2-79; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.140:             FORM OF BID — OPENING OF BIDS

The Mayor or the City Clerk/Administrator shall note on the back of each proposal the time of receiving the same and shall file the same in his office for reference.  No proposal shall be filed by him unless it is securely sealed, and all such proposals shall have an endorsement on the back thereof “Proposals for public work” and directed to the Board of Aldermen.  On the date designated for the bids to be opened, the Mayor or the City Clerk/Administrator and at least one (1) other disinterested party shall open the bids and cause the bids to be entered on a bid sheet listing the bidder’s name and amount of his bid.  The bids and the bid sheet shall then be certified by the Mayor or the City Clerk/Administrator to the Board of Aldermen.  (CC 1979 §25.520; Ord. No. 360 §25.520, 8-2-79; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.150:             CONTRACT AWARDED

After the time shall have expired for receiving proposals, the Board of Aldermen shall convene and examine the proposals made and shall award the contract to the lowest and/or best bidder; provided, the Board of Aldermen may reject any or all bids.  (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.160:             BOND

Every proposal and bid for public work shall be accompanied by a good and sufficient bid bond or cashier’s check equal to five percent (5%) of the bid based upon said contract.  Upon being awarded a contract, the lowest and/or best bidder shall provide a surety bond conditioned upon the faithful performance of the contract of said work and good for one (1) year after the work is completed.  Said bond shall be equal to the entire amount of money to be paid for such work.  (CC 1979 §25.540; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.170:             CONTRACT

Whenever any contract shall be awarded and bond filed as herein provided, the City Attorney shall draw up the terms of the contract in duplicate, which said contract shall embody all the particulars specified in the proposals, and shall further bind the contractor to perform the work in a good and workmanlike manner.  Such contracts shall be signed in duplicate by the Mayor and attested by the City Clerk/Administrator under the Seal of the City and by the contractors under their hands and seals.  One (1) copy of such contract shall be delivered to the contractor, and the other held in the office of the Mayor or the City Clerk/Administrator.  (CC 1979 §25.550; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.180:             INSPECTION AND PAYMENT

No such work shall be received or paid for until it shall have been examined by the Mayor or the City Clerk/Administrator, as constructed according to contract and shall have been approved for payment by the Board of Aldermen, and these conditions shall be embraced in every contract entered into.  (CC 1979 §25.560; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02; Ord. No. 692 §1, 1-2-03)

SECTION 125.181:             GENERAL PURCHASING POLICY

All City staff and the Park Board will attempt to purchase products at a Buckner based business first in accordance with policies and procedures as adopted by the Board of Aldermen from time to time.  (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.185:             EMERGENCY SPENDING PROCEDURES

In the case of accident, disaster or other circumstances creating a public emergency, the Mayor shall have the power to award contracts and make purchases for the purpose of alleviating the emergency.  When the Mayor or the Acting President of the Board of Aldermen cannot be contacted, the City Clerk/Administrator shall have the same emergency powers and shall notify the Mayor when possible.  The Mayor, the Acting President of the Board of Aldermen or the City Clerk/Administrator shall file a report with the Board of Aldermen, covering such emergency action, the necessity for same, together with an itemized accounting of all expenditures incurred at the next Board of Aldermen meeting, either a study session or a regular business session.  (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

ARTICLE III – PROCEDURE FOR DISCLOSURE OF CONFLICTS OF INTEREST

SECTION 125.190:             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. 486 §25.600, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SECTION 125.200:             CONFLICTS OF INTEREST

The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest, as defined by State law, in any bill shall disclose on the records of the Board of Aldermen the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.  (Ord. No. 486 §25.610, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SECTION 125.210:             DISCLOSURE REPORTS

Each elected official, the Mayor as the Chief Administrative Officer, the City Administrator as the Chief Purchasing Officer and the General Counsel (if employed full-time) shall disclose the following information by May first (1st) if, and only 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 hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; 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 hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.

                3.            The Mayor as the Chief Administrative Officer and the City Administrator as the Chief Purchasing Officer also 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 one thousand dollars ($1,000.00) or more was received during the year covered by the statement;

                                b.            The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation of 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 interests;

                                c.             The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.   (Ord. No. 486 §25.620, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SECTION 125.220:             FILING OF REPORTS

A.            The reports, in the attached format, shall be filed with the City Administrator and with the Secretary of State prior to January 1, 1993, and thereafter with the Ethics Commission.  The reports shall be available for public inspection and copying during normal business hours.

B.            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:

                1.            Each person appointed to an office covered by this Article shall file the statement within thirty (30) days of such appointment or employment;

                2.            Every other person required to file a financial interest statement shall file the statement annually not later than May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st);provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing the financial interest statement.  (Ord. No. 486 §§25.630–25.640, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SCHEDULE 1.  POLICIES AND PROCEDURES CONCERNING PURCHASES

A.            Purchasing On Account.  The City purchases “on account” at various businesses, based upon a department head’s purchasing authority or that of the Mayor or the City Clerk/Administrator.  The Mayor and Board of Aldermen have delegated to the department heads the authority to approve small purchases for their respective departments, i.e., office supplies, cleaning supplies, repair and maintenance items such as: paint, oil, hardware, keys, door locks and light bulbs.  For purchases above five hundred dollars ($500.00) dollars, department heads shall direct City staff to obtain the approval of the Mayor or the City Clerk/Administrator and/or the Board of Aldermen.

B.            Procedures For Filling Out A Purchase Order.

                1.            A City employee or Park Board member may obtain a purchase order from the Office of the City Clerk/Administrator.  All City employees shall obtain approval from their respective department head for purchases and all Park Board members shall obtain approval from the Park Board Chairman or his/her designated representative for purchases.

                2.            The individual should fill out the form: include company name and address, price per quantity (all totaled at the bottom of the form), type of delivery, terms, etc..

                3.            For all City employees the following limits apply: if the amount is under $500.00 the department head’s signature is required; if the amount is over five hundred dollars ($500.00) but one thousand dollars ($1,000.00) and under, the Mayor or the City Clerk/Administrator must sign the form; if the amount is over one thousand dollars ($1,000.00) the approval of the Board of Aldermen will have to be obtained, in such a case the Mayor will sign the form after the Board’s approval.

                4.            Park Board members should obtain the signature of the Park Board Chairman or his/her designated representative on the purchase order.  The amount of the purchase order is limited only by the available balance on the budgeted expense line item, however, further restrictions apply as specified in the Park Board’s Purchasing Authority in Chapter 125.

                5.            The individual should submit the purchase order to the Office of the City Clerk/Administrator for: filing, to have the check printed and to mail the purchase order or the requesting employee may take the customer’s copy to the company.

C.            Park Board Purchasing Authority.

                1.            The Park Board may authorize expenditures up to the appropriated amounts.

                2.            The Park Board shall be exempted from the Board of Aldermen’s approval of individual purchase orders, as the Park Board’s purchasing authority limit is set when the Board of Aldermen appropriate monies through approval of the budget. The budget will be reviewed quarterly by the Board of Aldermen, and if needed, line items may be adjusted at any time by action of the Board of Aldermen for the benefit of the parks and the City.

                3.            The Park Board’s purchases are restricted by cash flow and the actual amount of revenue in City accounts.

                4.            The Park Board shall be required to check account balances with the City Clerk/Administrator.

                5.            The Park Board shall designate a member to coordinate purchases with City staff.

                6.            The Park Board shall follow the City’s procedures for purchase orders.

                7.            The Park Board shall follow the same bidding procedures as the Public Works Department.

                8.            The Park Board shall be subject to the same conflict of interest rules as City officials or employees.

                9.            The Park Board shall be required to give an annual report of revenues and expenditures to the Board of Aldermen. The Park Board may ask the City Clerk/Administrator to prepare this report.

                10.          The Park Board may not sign contracts, only the Mayor may do so.

D.            Department Head Purchasing Authority.

                1.            Chief of Police.

                                a.            Up to five hundred dollars ($500.00).

                                b.            Restricted by cash flow and actual amount of revenue in accounts.

                                c.             Required to check account balances with the City Clerk and/or Administrator. The Mayor or the Administrator may deny the purchase based upon City cash flow.

                2.            Public Works Superintendent.

                                a.            Up to five hundred ($500.00).

                                b.            Restricted by cash flow and actual amount of revenue in accounts.

                                c.             Required to check account balances with the City Clerk/Administrator. The Mayor or the City Clerk/Administrator may deny the purchase based upon City cash flow.  (Ord. No. 672 §1, 9-5-02)

CHAPTER 130:

MUNICIPAL COURT

SECTION 130.010:             COURT ESTABLISHED

There is hereby established in this City a Municipal Court, to be known as the “Buckner Municipal Court, a Division of the 16th Judicial Circuit Court of the State of Missouri.”  This court is a continuation of the Police Court of the City as previously established, and is termed herein “the Municipal Court”.  (CC 1979 §72.010)

SECTION 130.020:             JURISDICTION

The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.  (CC 1979 §72.020)

SECTION 130.030:             SELECTION OF JUDGE

A.            The judge of the City’s Municipal Court shall be known as a Municipal Judge of the 16th Judicial Circuit Court, and shall be selected as follows.

B.            He shall be appointed to his position by the Mayor, subject to the confirmation of the Board of Aldermen, for a term as specified herein.  (CC 1979 §72.030)

SECTION 130.040:             TERM OF OFFICE

The Municipal Judge shall hold his office for a period two (2) years and shall take office biannually from January 1, 1979.  If for any reason a Municipal Judge vacates his office, his successor shall complete that term of office, even if the same be for less than two (2) years.  (CC 1979 §72.040)

SECTION 130.050:             VACATION OF OFFICE

The Municipal Judge shall vacate his office under the following circumstances:

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

                2.            Upon attaining his seventy-fifth (75th) birthday, or

                3.            If he should lose his license to practice law within the State of Missouri.  (CC 1979 §72.050)

SECTION 130.060:             QUALIFICATIONS FOR OFFICE

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 need not reside within the City.

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

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

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

                6.            He may not hold any other office within the City government.

                7.            The Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment. (CC 1979 §72.060)

SECTION 130.070:             SUPERINTENDING AUTHORITY

The Municipal Court of the City shall be subject to the rules of the circuit court of which it is a part, and to the rules of the State Supreme Court.  The Municipal Court shall be subject to the general administrative authority of the presiding judge of the circuit court, and the judge and court personnel of said court shall obey his directives.  (CC 1979 §72.070)

SECTION 130.080:             REPORT TO BOARD OF ALDERMEN

The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:

                                A list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of cost, the names of the violations committed and in the cases where there was an application for trial de novo, respectively.  The same shall be prepared under oath by the Municipal Court City Clerk or the Municipal Judge.  This report will be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first (1st) session thereafter.  The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the City Treasurer/Accountant the full amount of all fines collected during the preceding months, if they have not previously been paid.  (CC 1979 §72.080)

SECTION 130.090:             DOCKET AND COURT RECORDS

The Municipal Judge shall be a conservator of the peace.  He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required.  Such docket and records shall be records of the Circuit Court of Jackson 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.  (CC 1979 §72.090)

SECTION 130.100:             MUNICIPAL JUDGE–POWERS AND DUTIES GENERALLY

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 of the Revised Statutes of Missouri.

                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 Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.  Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or State Statutes.

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

                6.            In his discretion to establish conditions relating to continued imposition of sentence on conviction of violation of any ordinance of the City of Buckner, and shall have the power to revoke such imposition of sentence if the conditions imposed are violated.

                7.            In his discretion to suspend the execution of any sentence on conviction of violation of any ordinance of the City of Buckner.

                8.            In his discretion to place a defendant on probation for a period of six (6) months and to establish such conditions that are necessary and proper for the implementation of such probation.

                9.            In his discretion to require a defendant placed on such probation to attend program or programs designed for rehabilitation and to restrict parolee’s travel and activities during the time he is placed on probation.  (CC 1979 §72.100)

SECTION 130.110:             TRAFFIC VIOLATIONS BUREAU

Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same.  The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.  (CC 1979 §72.110)

SECTION 130.120:             ISSUANCE AND EXECUTION OF WARRANTS

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

B.            The issuance of administrative search warrants relating to violations of the Municipal Code (“Code”) of the City of Buckner and relating to enforcement thereof shall conform to and be governed by the following provisions:

                1.            An administrative search warrant is a written order of the Municipal Court of the City of Buckner commanding the search of property to determine the existence of violations of specific provisions contained within the Code and to permit abatement of nuisances and enforcement of violations of said Code provisions.

                2.            Any public official, Police Officer, code enforcement officer, special counsel or the prosecuting attorney may make an application for the issuance of an administrative search warrant.  The application may be made on a form prepared by the Court Clerk and shall:

                                a.            Be in writing;

                                b.            State the time and date of the making of the application;

                                c.             Identify the property which is to be searched in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;

                                d.            Identify the City Code violation in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;

                                e.            State facts sufficient to show reasonable suspicion for the issuance of the administrative search warrant;

                                f.             Be verified by the signed oath or affirmation of the applicant;

                                g.            Be filed in the Municipal Court.

                3.            The application may be supplemented in writing as necessary to assist the Municipal Judge in determining whether there is reasonable suspicion for the issuance of an administrative search warrant and to fill out any deficiencies in the description of the property to be searched or in the Code violation(s) on the property.  Oral testimony shall not be considered.        4.            The Municipal Judge or Acting Municipal Judge shall review the application and any written supplementation to determine whether sufficient facts have been stated to justify the issuance of an administrative search warrant.  If it appears that there is reasonable suspicion to believe that a violation of the Code provision exists on the property described, an original and two (2) copies of the administrative search warrant shall be issued.

                5.            The application and any written supplementation and a copy of the warrant shall be retained in the records of the Municipal Court.

                6.            The administrative search warrant shall:

                                a.            Be in writing;

                                b.            Be directed to a Police Officer of the City of Buckner;

                                c.             State the time and date the warrant is issued;

                                d.            Identify the property which is to be searched in sufficient detail and particularity such that the Police Officer executing the warrant can readily ascertain it;

                                e.            Identify the Code violation in sufficient detail and particularity such that the Police Officer executing the warrant can readily ascertain it;

                                f.             Be signed by the Municipal Judge or Acting Municipal Judge;

                                g.            Be executed by a Police Officer of the City of Buckner by conducting the search commanded and/or abating the nuisance or Code violation;

                                h.            Be executed between the hours of 8:00 A.M. and 5:00 P.M. except in the case of an emergency threatening immediate damage or harm to life or property;

                                i.              Be executed and returned within ten (10) days after the date of the making of the application; and

                                j.             After execution of the administrative search warrant, the warrant with a return thereon, signed by the Police Officer executing the warrant, shall be filed in Municipal Court.  The return shall show the date and manner of execution, the name of the possessor and the name of the owner of the property, when they are not the same person, if known.

                7.            An administrative search warrant shall be deemed invalid:

                                a.            If it was not issued and signed by the Municipal Judge or Acting Municipal Judge; or

                                b.            If it was issued without a written application in compliance with this Code Section having been filed and verified; or

                                c.             If it was issued without reasonable suspicion; or

                                d.            If it does not describe the property to be searched and/or the nuisance or Code violation with sufficient certainty; or

                                e.            If it is not executed and returned within the time prescribed.  (CC 1979 §72.120; Ord. No. 736 §1, 11-3-05)

SECTION 130.130:             ARRESTS WITHOUT WARRANTS

The Chief of Police, or other Police Officer of the City shall without a warrant, make arrest of any person who commits an offense in his presence, but such Officer shall, before the trial file a written complaint with the Judge hearing violations of Municipal ordinance.  (CC 1979 §72.130)

SECTION 130.140:             JURY TRIALS

Any person charged with a violation of a Municipal ordinance of this City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge.  Whenever a defendant accused of a violation of a Municipal ordinance demands trial by jury, the Municipal Court shall certify the case to the presiding Judge of the Circuit Court for reassignment.  (CC 1979 §72.140)

SECTION 130.150:             DUTIES OF THE CITY’S PROSECUTING ATTORNEY

It shall be the duty of an attorney designated by the Municipality to prosecute the violations of the City’s ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City’s ordinances.  The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the City.  The compensation of such attorney shall not be contingent upon the result in any case.  (CC 1979 §72.150)

SECTION 130.160:             SUMMONING OF WITNESSES

It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary.  The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case.  When a trial shall be continued by a Municipal Judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons.  (CC 1979 §72.160)

SECTION 130.170:             TRANSFER OF COMPLAINT TO ASSOCIATE CIRCUIT JUDGE

If, in the progress of any trial before a Municipal Judge, it shall appear to the judge that the accused ought to 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.  (CC 1979 §72.170)

SECTION 130.180:             JAILING OF DEFENDANTS

If in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail or to the Municipal Jail in Blue Springs, Missouri, 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.  (CC 1979 §72.180)

SECTION 130.190:             PAROLE AND PROBATION, WHEN GRANTED — CERTIFICATE — CONDITIONS OF PROBATION — MODIFICATION OF CONDITIONS

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

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

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

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

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

D.            The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term. (RSMo. §479.190)

SECTION 130.200:             RIGHT OF APPEAL

In all cases tried before the Municipal Court, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Judge or an assignment before an Associate Circuit Judge.  An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rules.  (CC 1979 §72.200)

SECTION 130.210:             APPEAL FROM JURY VERDICTS

In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.  (CC 1979 §72.210)

SECTION 130.220:             RECOGNIZANCES AND FORFEITURES

In a 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 City 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.  All monies recovered in such actions shall be paid over to the City Treasury to the General Revenue Fund of the City.  (RSMo. §479.210)

SECTION 130.230:             DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING PARTICULAR CASE

A Municipal Judge shall be disqualified to hear any case in which he is anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the Municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge.  Neither the defendant nor the Municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.  (CC 1979 §72.230)

SECTION 130.240:             TEMPORARY 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.  The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.  (CC 1979 §72.240)

SECTION 130.250:             CLERK OF MUNICIPAL COURT

The City Clerk is hereby designated as the Clerk of the Municipal Court.  The duties of said Clerk shall 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.            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; generally set as Violation Clerk of the Traffic Violation Bureau.

                6.            Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.

                7.            Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the Municipality which shall constitute prima facie evidence of such ordinance before the court.  Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.  (CC 1979 §72.250)

SECTION 130.260:             COURT COSTS

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

                1.            The official of the Municipal Court responsible for collecting Court costs and fines may assess as Costs or Court the amount of twelve dollars ($12.00) for each Court proceeding filed for violations of the ordinances of the City of Buckner, Missouri, including traffic violations and non-moving traffic violations, unless such action is dismissed, or costs are to be paid by the State, County or municipality.  Such amounts collected shall be transmitted monthly to the City of Buckner, Missouri’s Judicial Education Fund – (Section 479.260.1 RSMo) One dollar ($1.00) of each twelve dollars ($12.00) collected as Costs of the Court shall be deposited in a Judicial Education Fund.  The court shall use the fund to pay for continuing education and certification of the municipal judge, and to pay for the education and training of the clerk of the municipal court and the administrative clerk.  Further the court shall not retain more than One thousand five hundred dollars ($1500.00) in the fund for each judge, municipal court clerk and administrative clerk.  Any excess funds shall be transmitted monthly to the general revenue fund of the municipality.

                2.            The official of the Municipal Court responsible for collecting Court costs and fines may assess as Court costs two dollars ($2.00) for each Court proceeding filed for violations of the ordinances of the City of Buckner, including traffic violations and non-moving traffic violations, unless such action is dismissed, or costs are to be paid by the State, County or municipality.  Such amounts collected shall be transmitted monthly to the City of Buckner to be used for training Law Enforcement Officers.  An additional one dollar ($1.00) shall be assessed as costs and sent to the State Treasury to the credit of the Peace Officer’s Standards and Training Commission Fund, as provided in Section 590.110, RSMo., and shall be transmitted as required by such Statutes.  $2.00 fee for the sole purpose to provide operating expenses for shelters for battered persons.

3.            Pursuant to Section 595.045, RSMo., as amended, Crime Victims’ Compensation Fund, a surcharge of seven dollars fifty cents ($7.50) shall be assessed as additional costs for infractions and violations of any municipal ordinance; except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the State, County or municipality.  Should an application for trial de novo from a conviction in the Municipal Division be processed, this fee shall be added to the current trial de novo filing fee and forwarded to the Circuit Court Administrator’s office, Department of Criminal Records.  The fee on applications for trial de novo shall be the amount required by the Circuit Court.

                4.        Reimbursement to the City of certain costs:

                                a.            Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or incurred by the City at other suitable places of confinement and all other related costs. 

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

                                c.         Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or incurred by the City at other suitable places of confinement and all other related costs. 

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

                                5.            Reimbursement to the City of certain costs—alcohol- or drug related.

                                a.            The cost associated with arrest of alcohol or drug-related traffic offenses is hereby established to be One hundred dollars ($100.00).   The Municipal Court is hereby authorized to impose this cost against those who plead guilty or are found guilty of a violation of an alcohol or drug-related traffic offense in the Buckner Municipal Court. 

b.            Upon conviction of an ordinance involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the State or local law enforcement agency which made the arrest for the costs associated with such arrest which shall include the reasonable cost of making the arrest, including the cost of any chemical test to determine the alcohol or drug content of the person’s blood, and the costs of processing, charging, booking and holding such person in custody. The Buckner Police Department may establish a schedule of such costs; however, the Court may order the costs reduced if it determines the costs are excessive.   (CC 1979 §72.260; Ord. No. 429 §72.260(1), 9-4-84; Ord. No. 467 §72.260(6), 9-1-88; Ord. No. 509, 10-7-93; Ord. No. 527 §§A–B, 2-2-95; Ord. No. 554, 2-6-97; Ord. No. 560, 6-5-97; Ord. No. 649 §1, 10-4-01; Ord. No. 651 §1, 10-4-01; Ord. No. 700 §§1–2, 6-5-03)

SECTION 130.270:             COURT COSTS — ASSESS AGAINST PROSECUTING WITNESS

The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him that he pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.  (CC 1979 §72.270)

SECTION 130.280:             INSTALLMENT PAYMENT OF FINE

When a fine is assessed for violating an ordinance, it shall 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 the judge may deem appropriate.  (CC 1979 §72.280)

CHAPTER 135:

CITY PARK BOARD

                                Editor’s Note–Ord. no. 626 §1, adopted September 7, 2000, repealed this chapter 135 and enacted the new provisions set out herein.  Former ch. 135 derived from CC 1979 §§27.010–27.080; ord. no. 450 §§27.010–27.080, 3-5-87; and ord. no. 576 §1, 8-6-98.

SECTION 135.010:             PARK BOARD ESTABLISHED

A Park Board is hereby created for the City of Buckner.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.020:             DUTIES AND RESPONSIBILITIES

The Park Board shall have the responsibility for development and maintenance of a comprehensive plan for a park system within the City of Buckner.  The Park Board shall also have primary responsibility for the operation and maintenance of all City property designated by the Board of Aldermen as park land.  The Park Board, with concurrence of the Board of Aldermen, shall develop and enforce a policy statement for the use of all designated park property and facilities and shall allocate and control usage of park facilities.  The Park Board is responsible for requesting all reports from City staff; for communicating their needs and business with City staff; for the minutes of their meetings; and the Park Board shall maintain files on Board business in a space provided at City Hall.  The Park Board shall in general carry out the spirit and intent of Sections 90.500 to 90.570, RSMo., in establishing and maintaining public parks.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.030:             MEMBERS

The Park Board shall consist of nine (9) citizens appointed by the Mayor with the approval of the Board of Aldermen.  There shall be at least one (1) member appointed from each ward of the City.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.040:             TERMS OF OFFICE — REMOVAL FOR CAUSE

The terms of the members of the Park Board shall be for three (3) years but the terms of the first (1st) Park Board shall be varied so that succeeding terms shall be staggered.  There shall be no limit to the number of terms that may be served.  Any Park Board member may be removed by the Mayor with the consent of the Board of Aldermen for misconduct or neglect of duty.  A Park Board member will also be automatically removed from the Park Board if the member fails to attend six (6) regular Park Board meetings within a twelve (12) month period.  No person shall be appointed to the Park Board who is in arrears for any unpaid City taxes or in arrears any monthly City Utility bill.   Following removal of a Park Board member, a new member shall be appointed pursuant to Section 135.030 to fill the unexpired term.  There shall be no compensation for the members of the Park Board except that any member shall be reimbursed for actual expenses incurred in the performance of their duties if pre-authorized by the full Park Board and in compliance with the requirements of Section 135.070.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.050:             OFFICERS

The Park Board shall select a Chairman and Secretary for one (1) year terms with no restrictions on the number of terms.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.060:             PROCEDURE

The Park Board shall adopt rules of procedure, provide for holding regular and special meetings and maintain a record of its transactions and meetings which will be open to public inspection.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.070:             EXPENDITURES

All expenditures by the Park Board shall be in accordance with budget limits established by the Board of Aldermen, the Code of the City of Buckner and purchasing rules and procedures approved by the Board of Aldermen.  The Park Board shall have exclusive control of the expenditures of all money collected to the credit of the Park Fund and of the supervision, improvement, care and custody of the parks.  All monies received for such parks shall be deposited in the Treasury of the City to the credit of the Park Fund and shall be kept separate and apart from the other monies of the City and drawn upon by the proper officers of the City upon the properly authenticated vouchers of the Park Board.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.080:             BUDGET

The Park Board shall prepare a budget of anticipated expenditures in accordance with Article II of Chapter 120 of the City Code and shall submit same to the City Clerk/Administrator no later than August first (1st) of each year.  The Park Board budget request shall outline the physical development of the parks and recreational needs of the City.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.090:             ANNUAL REPORT

The Chairman of the Board shall present to the Board of Aldermen an annual report.  Such report shall be presented on or before the meeting of the Board of Aldermen in October of each year and shall consist of:

                1.            The condition of their trust as of the thirtieth (30th) day of September of that year.

                2.            The various sums of money received from the Park Fund and other sources.

                3.            The sums of money expended by the Board and for what purposes.

                4.            Such other statistics, information and suggestions as the Board may deem to be of general interest.

                5.            In addition, the Park Board shall:

                                a.            Make recommendations for improving the park and recreation program and facilities; and

                                b.            Submit an annual planned program for the use of the parks, recreation facilities and areas. (Ord. No. 626 §1, 9-7-00)

Buckner City Codes

TITLE I.  GOVERNMENT CODE

CHAPTER 100:  GENERAL PROVISIONS

ARTICLE I.  GENERAL CODE PROVISIONS

SECTION 100.010:             CITATION OF CODE

SECTION 100.020:             OFFICIAL COPY

SECTION 100.030:             ALTERING CODE

SECTION 100.040:             NUMBERING

SECTION 100.050:             DEFINITIONS AND RULES OF CONSTRUCTION

SECTION 100.060:             NOTICE IN NEWSPAPER

ARTICLE II.  CONSTRUCTION OF ORDINANCES

SECTION 100.070:             CONSTRUCTION, GENERALLY

SECTION 100.080:             HEADINGS

SECTION 100.090:             CONTINUATION OF PRIOR ORDINANCES

SECTION 100.100:             REPEAL OF ORDINANCES NOT TO AFFECT LIABILITY

SECTION 100.110:             REPEAL NOT TO REVIVE FORMER ORDINANCE

SECTION 100.120:             SEVERABILITY

SECTION 100.130:             TENSE

SECTION 100.140:             NOTICE

SECTION 100.150:             NOTICE — EXCEPTIONS

SECTION 100.160:             COMPUTATION OF TIME

SECTION 100.170:             GENDER

SECTION 100.180:             JOINT AUTHORITY

SECTION 100.190:             NUMBER

ARTICLE III.  PENALTIES

SECTION 100.200:             GENERAL PENALTY

SECTION 100.210:             EVERY DAY A VIOLATION

SECTION 100.220:             RESPONSIBILITY

SECTION 100.230:             WORKING OF CITY PRISONERS

ARTICLE IV.  CITY SEAL

SECTION 100.240:             CITY SEAL

ARTICLE V.  WARDS

SECTION 100.250:             CITY DIVIDED INTO THREE WARDS

CHAPTER 105:  CITY ORGANIZATION

ARTICLE I.  ALDERMEN

SECTION 105.010:             QUALIFICATIONS OF ALDERMAN — TERMS OF OFFICE

SECTION 105.020              OATH

SECTION 105.030:             MEMBERSHIP

ARTICLE II.  OFFICERS AND EMPLOYEES

SECTION 105.040:             OFFICERS ENUMERATED

SECTION 105.050:             TERM OF APPOINTIVE OFFICERS

SECTION 105.060:             OFFICERS TO BE QUALIFIED VOTERS AND RESIDENTS — EXCEPTIONS

SECTION 105.070:             OATH OF OFFICE — BOND GENERALLY

SECTION 105.080:             ADMINISTRATION OF OATHS

SECTION 105.090:             VACANCIES IN CERTAIN OFFICES — HOW FILLED

ARTICLE III.  MAYOR

SECTION 105.100:             HOW ELECTED, ETC.

SECTION 105.110:             STANDING COMMITTEES APPOINTED

SECTION 105.120:             PROCLAMATIONS, MEETINGS, ELECTIONS

SECTION 105.130:             MAY REMIT FINES, GRANT PARDONS, ETC.

SECTION 105.140:             POWER TO ENFORCE LAWS

SECTION 105.150:             PRESIDING OVER BOARD OF ALDERMEN — VOTING RIGHTS — SUPERVISION OF CITY AFFAIRS

SECTION 105.160:             BILLS TO BE SIGNED — MAYOR’S VETO

SECTION 105.170:             COMPENSATION

ARTICLE IV.  CITY ATTORNEY

SECTION 105.180:             QUALIFICATIONS

SECTION 105.190:             DUTIES GENERALLY

SECTION 105.200:             REPORT TO BOARD OF ALDERMEN

SECTION 105.210:             TEMPORARY ABSENCE — ACTING CITY ATTORNEY

SECTION 105.220:             COMPENSATION

ARTICLE V.  PROSECUTING ATTORNEY

SECTION 105.230:             QUALIFICATIONS

SECTION 105.240:             DUTIES GENERALLY

ARTICLE VI.  CITY CLERK

SECTION 105.250:             RESERVED

SECTION 105.260:             DEPUTY CITY CLERK

ARTICLE VII.  CITY COLLECTOR

SECTION 105.270:             RESERVED

SECTION 105.280:             BOND

SECTION 105.290:             DUTIES GENERALLY

SECTION 105.300:             COMPENSATION

SECTION 105.310:             DEPUTY COLLECTOR

ARTICLE VIII.  CITY TREASURER/ACCOUNTANT

SECTION 105.320:             RESERVED

SECTION 105.330:  BOND

SECTION 105.340:             DUTIES GENERALLY

SECTION 105.350:             BOOKS OF THE CITY

SECTION 105.360:             SEMI-ANNUAL REPORT

SECTION 105.370:             ACCESS TO OFFICERS’ BOOKS — CITY CLERK TO ENJOY SAME ACCESS

ARTICLE IX.  CHIEF OF POLICE

SECTION 105.380:             CHIEF OF POLICE TO PERFORM DUTIES

ARTICLE X.  CITY CLERK/ADMINISTRATOR

SECTION 105.390:             OFFICE OF CITY CLERK/ADMINISTRATOR

SECTION 105.400:             APPOINTMENT AND TENURE

SECTION 105.410:             POWERS OF MAYOR AND BOARD OF ALDERMEN RETAINED

SECTION 105.420:             BOND

SECTION 105.430:             COMPENSATION

SECTION 105.440:             REMOVAL OF CITY CLERK/ADMINISTRATOR

SECTION 105.450:             DUTIES

SECTION 105.460:             POWERS

SECTION 105.470:             INTERFERENCE BY MEMBERS OF THE BOARD OF ALDERMEN

ARTICLE XI.  HEALTH OFFICER

SECTION 105.480:             HEALTH OFFICER DESIGNATED

ARTICLE XII.  WAGES AND SALARIES

SECTION 105.490:             COMPENSATION FOR CONTRACT EMPLOYEES

SECTIONS 105.500–105.510:        RESERVED

SECTION 105.520:             ANNUAL REVIEW OF SALARIES

SECTION 105.530:             MAYOR’S SALARY AND COMPENSATION

SECTION 105.540:             BOARD OF ALDERMEN’S SALARY

SECTION 105.550:             CITY COLLECTOR’S SALARY OR COMPENSATION

SECTION 105.560:             RESERVED

SECTION 105.570:             CONTINUING EDUCATION REQUIREMENTS

CHAPTER 110:  BOARD OF ALDERMEN

ARTICLE I.  GENERAL PROVISIONS

SECTION 110.010:             REGULAR MEETINGS

SECTION 110.020:             SPECIAL MEETINGS

SECTION 110.030:             QUORUM

SECTION 110.040:             COMPELLING ATTENDANCE

SECTION 110.050:             DUTIES OF MAYOR AS PRESIDENT OF BOARD

SECTION 110.060:             ACTING PRESIDENT–ELECTION

SECTION 110.070:             ACTING PRESIDENT TO PERFORM DUTIES OF MAYOR–WHEN

SECTION 110.080:             RULES OF ORDER

SECTION 110.090:             DECORUM

SECTION 110.100              VOTING

SECTION 110.110:             ORDER OF BUSINESS

SECTION 110.120:             EXPRESSION OF DISSENT OR PROTEST BY MEMBER

SECTION 110.130:             PUBLIC MEETINGS

SECTION 110.140:             WHEN BILLS MAY BE AMENDED

SECTION 110.150:             RECORDATION OF “AYES” AND “NAYS” ON FINAL PASSAGE

SECTION 110.160:             SPECIAL COMMITTEES

SECTION 110.170:             JOURNAL TO BE KEPT

SECTION 110.180:             RULES OF PROCEDURE

SECTION 110.190:             ATTENDANCE AND OATH OF WITNESSES — FEE FOR EXECUTION OF PROCESS

SECTION 110.200:             AMENDMENT OR SUSPENSION OF RULES

SECTION 110.210:             ABSENCES FROM REGULAR OR SPECIAL MEETINGS

ARTICLE II.  CLOSED MEETINGS, RECORDS, VOTES

SECTION 110.220:             DEFINITIONS

SECTION 110.230:             CLOSURE TO THE PUBLIC OF CERTAIN MEETINGS, RECORDS AND VOTES

SECTION 110.240:             REASONABLE FEES ESTABLISHED FOR PROVIDING ACCESS TO OR COPIES OF PUBLIC RECORDS

SECTION 110.250:             WRITTEN POLICY STATEMENT AUTHORIZED

CHAPTER 115:  GENERAL AND SPECIAL ELECTIONS

SECTION 115.010:             DATE OF GENERAL ELECTION

SECTION 115.020:             FILING OF CANDIDATES

SECTION 115.030:             CONDUCT OF ELECTIONS

CHAPTER 120:  FINANCES AND RECORDS

ARTICLE I.  FISCAL YEAR

SECTION 120.010:             FISCAL YEAR

ARTICLE II.  BUDGET

SECTION 120.020:             BUDGET REQUIRED

SECTION 120.030:             BUDGET CONTENTS

SECTION 120.040:             BUDGET OFFICER

SECTION 120.050:             MAYOR TO SUPERVISE

SECTION 120.060:             EXPENDITURES LIMITED

SECTION 120.070:             DEBT LIMITED

SECTION 120.080:             BUDGET CALENDAR

SECTION 120.090:             BUDGET PROCEDURES

ARTICLE III.  RECORDS MANAGEMENT

SECTION 120.100:             CITY CLERK KEEP RECORDS

SECTION 120.110:             DESTRUCTION OF RECORDS AND NON-RECORD MATERIALS

SECTION 120.120:             DISPOSAL OF CONFISCATED OR ABANDONED PROPERTY

ARTICLE IV.  TAXATION

SECTION 120.125:             CITY SALES TAX

SECTION 120.130:             CAPITAL IMPROVEMENTS TAX

SECTION 120.140:             USE TAX FOR PARK FUND CAPITAL IMPROVEMENT PURPOSES

SECTION 120.150:             SALES TAX FOR TRANSPORTATION PURPOSES

CHAPTER 125:  PROCUREMENT, CONFLICT OF INTEREST

ARTICLE I.  PROCEDURE

SECTION 125.010:             PURCHASES LIMITED

SECTION 125.030:             MAYOR OR THE CITY CLERK/ADMINISTRATOR TO INFORM VENDORS

SECTION 125.040:             CONFLICT OF INTEREST

SECTION 125.050:             CONFLICT OF INTEREST — OFFICERS AND EMPLOYEES NOT TO DEAL WITH CERTAIN ENTITIES

SECTION 125.060:             CONFLICT OF INTEREST — PENALTIES

SECTION 125.070:             GIFTS AND REBATES

SECTION 125.080:             BILL PRESENTED TO BOARD

SECTION 125.090:             RESERVED

SECTION 125.100:             ALLOW BILL WHEN

SECTION 125.110:             PAYMENT ONLY IF CITY HAS MONEY

ARTICLE II.  PUBLIC WORKS CONTRACTS

SECTION 125.120:             TO BID PROJECTS

SECTION 125.130:             ADVERTISE FOR BIDS

SECTION 125.140:             FORM OF BID — OPENING OF BIDS

SECTION 125.150:             CONTRACT AWARDED

SECTION 125.170:             CONTRACT

SECTION 125.180:             INSPECTION AND PAYMENT

SECTION 125.181:             GENERAL PURCHASING POLICY

SECTION 125.185:             EMERGENCY SPENDING PROCEDURES

ARTICLE III.  PROCEDURE FOR DISCLOSURE OF CONFLICTS OF INTEREST

SECTION 125.190:             DECLARATION OF POLICY

SECTION 125.200:             CONFLICTS OF INTEREST

SECTION 125.210:             DISCLOSURE REPORTS

SECTION 125.220:             FILING OF REPORTS

SCHEDULE 1.  POLICIES AND PROCEDURES CONCERNING PURCHASES

CHAPTER 130:  MUNICIPAL COURT

SECTION 130.010:             COURT ESTABLISHED

SECTION 130.020:             JURISDICTION

SECTION 130.030:             SELECTION OF JUDGE

SECTION 130.040:             TERM OF OFFICE

SECTION 130.050:             VACATION OF OFFICE

SECTION 130.060:             QUALIFICATIONS FOR OFFICE

SECTION 130.070:             SUPERINTENDING AUTHORITY

SECTION 130.080:             REPORT TO BOARD OF ALDERMEN

SECTION 130.090:             DOCKET AND COURT RECORDS

SECTION 130.100:             MUNICIPAL JUDGE–POWERS AND DUTIES GENERALLY

SECTION 130.110:             TRAFFIC VIOLATIONS BUREAU

SECTION 130.120:             ISSUANCE AND EXECUTION OF WARRANTS

SECTION 130.130:             ARRESTS WITHOUT WARRANTS

SECTION 130.140:             JURY TRIALS

SECTION 130.150:             DUTIES OF THE CITY’S PROSECUTING ATTORNEY

SECTION 130.160:             SUMMONING OF WITNESSES

SECTION 130.170:             TRANSFER OF COMPLAINT TO ASSOCIATE CIRCUIT JUDGE

SECTION 130.180:             JAILING OF DEFENDANTS

SECTION 130.190:             PAROLE AND PROBATION, WHEN GRANTED — CERTIFICATE — CONDITIONS OF PROBATION — MODIFICATION OF CONDITIONS

SECTION 130.200:             RIGHT OF APPEAL

SECTION 130.210:             APPEAL FROM JURY VERDICTS

SECTION 130.220:             RECOGNIZANCES AND FORFEITURES

SECTION 130.230:             DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING PARTICULAR CASE

SECTION 130.240:             TEMPORARY MUNICIPAL JUDGE

SECTION 130.250:             CLERK OF MUNICIPAL COURT

SECTION 130.260:             COURT COSTS

SECTION 130.270:             COURT COSTS — ASSESS AGAINST PROSECUTING WITNESS

SECTION 130.280:             INSTALLMENT PAYMENT OF FINE

CHAPTER 135:  CITY PARK BOARD

SECTION 135.010:             PARK BOARD ESTABLISHED

SECTION 135.020:             DUTIES AND RESPONSIBILITIES

SECTION 135.030:             MEMBERS

SECTION 135.040:             TERMS OF OFFICE — REMOVAL FOR CAUSE

SECTION 135.050:             OFFICERS

SECTION 135.060:             PROCEDURE

SECTION 135.070:             EXPENDITURES

SECTION 135.080:             BUDGET

SECTION 135.090:             ANNUAL REPORT

TITLE II.  PUBLIC HEALTH, SAFETY AND WELFARE

CHAPTER 200:  POLICE DEPARTMENT

SECTION 200.010:             POLICE DEPARTMENT ESTABLISHED — COMPOSITION

SECTION 200.020:             PERSONNEL CODE — APPLICABILITY TO POLICE DEPARTMENT

SECTION 200.030:             POLICE SHALL ENFORCE ORDINANCES IN THE CITY OF BUCKNER

CHAPTER 205:  ANIMALS

ARTICLE I.  DOGS AND CATS

SECTION 205.010:             LICENSE

SECTION 205.020:             LICENSE FEE

SECTION 205.030:             WHEN PAYABLE

SECTION 205.040:             NUMBER OF DOGS OR CATS LIMITED

SECTION 205.050:             REGISTRATION — DOG OR CAT TAG

SECTION 205.060:             LOST TAGS

SECTION 205.070:             DOG OR CAT TAGS — REMOVAL OF

SECTION 205.080:             ANTI-RABIES VACCINATION REQUIRED

SECTION 205.090:             KEEPING AND HARBORING DEFINED

SECTION 205.100:             DOGS OR CATS RUNNING AT LARGE — PROHIBITED

SECTION 205.110:             OWNER DEFINED

SECTION 205.120:             RUNNING AT LARGE — PICKUP

SECTION 205.130:             NOTICE TO OWNER

SECTION 205.140:             FEMALE DOGS OR CATS

SECTION 205.150:             VICIOUS ANIMALS — PIT BULL DOGS

SECTION 205.160:             DOG OR CAT BITES — QUARANTINE

SECTION 205.170:             EXCESSIVE ANIMAL NOISES

SECTION 205.180:             IMPOUNDING FEES

SECTION 205.190:             IMPOUNDING FEE — THIRD OFFENSE

SECTION 205.200:             NUISANCE

SECTION 205.210:             POLICE DEPARTMENT, ANIMAL CONTROL OFFICER TO ENFORCE CHAPTER PROVISIONS

ARTICLE II.  CRUELTY TO ANIMALS

SECTION 205.220:             ANIMAL NEGLECT

SECTION 205.230:             ANIMAL ABUSE

SECTION 205.240:             RESPONSIBILITY OF PARENT OR GUARDIAN OF MINOR’S ANIMAL

SECTION 205.250:             ANIMAL FIGHTS PROHIBITED

SECTION 205.260:             BIRD SANCTUARY

SECTION 205.270:             DOMESTIC FOWLS

CHAPTER 210:  OFFENSES AND PENALTIES

ARTICLE I.  OFFENSES AGAINST PUBLIC PEACE

SECTION 210.010:             PEACE DISTURBANCE

SECTION 210.015:             DISORDERLY CONDUCT

SECTION 210.020:             ASSAULT

SECTION 210.025:             DOMESTIC VIOLENCE AND ABUSE

SECTION 210.030:             LOITERING

SECTION 210.040:             PLAYING IN THE STREETS

SECTION 210.050:             UNLAWFUL ASSEMBLY

SECTION 210.060:             RIOTING

SECTION 210.070:             REFUSAL TO DISPERSE

SECTION 210.080:             SOUND AMPLIFYING EQUIPMENT PROHIBITED

SECTION 210.090:             URINATING IN PUBLIC

SECTION 210.100:             HARASSMENT

ARTICLE II.  CONTROLLED SUBSTANCES

SECTION 210.110:             DEFINITIONS

SECTION 210.120:             POSSESSION OF MARIJUANA

SECTION 210.130:             POSSESSION, DELIVERY OR USE OF DRUG PARAPHERNALIA

SECTION 210.140:             GLUE SNIFFING — UNLAWFUL — PENALTIES

ARTICLE III.  WEAPONS

SECTION 210.150:             DEFINITIONS

SECTION 210.160:             POSSESSION — MANUFACTURE — TRANSPORT — REPAIR — SALE OF CERTAIN WEAPONS AN OFFENSE — EXCEPTIONS — PENALTIES

SECTION 210.170:             UNLAWFUL USE OF WEAPONS — EXCEPTIONS

SECTION 210.180:             DEFACING FIREARM — PENALTY

SECTION 210.190:             POSSESSION OF DEFACED FIREARM — PENALTY

SECTION 210.200:             UNLAWFUL TRANSFER OF WEAPONS

SECTION 210.210:             GUN DEALERS

SECTION 210.220:             GUNSHOT WOUNDS — PHYSICIANS, NURSES, THERAPISTS, DUTY TO REPORT, CONTENT — VIOLATION, PENALTY

ARTICLE IV.  INTERFERENCE WITH ADMINISTRATION OF JUSTICE

SECTION 210.230:             FALSE REPORTS

SECTION 210.240:             FALSE IMPERSONATION

SECTION 210.250:             RESISTING OR INTERFERING WITH ARREST

SECTION 210.260:             ESCAPE OR ATTEMPTED ESCAPE FROM CUSTODY

SECTION 210.270:             FAILURE TO ASSIST THE POLICE

SECTION 210.280:             TAMPERING WITH A WITNESS — TAMPERING WITH A VICTIM

SECTION 210.290:             DISTURBING A JUDICIAL PROCEEDING

SECTION 210.295:             FAILURE TO APPEAR

ARTICLE V.  OFFENSES AGAINST PROPERTY

SECTION 210.300:             PROPERTY DAMAGE

SECTION 210.310:             UNLAWFUL USE OF HANDBILLS

SECTION 210.320:             SCATTERING RUBBISH

SECTION 210.330:             TAMPERING IN THE SECOND DEGREE

SECTION 210.340:             CLAIM OF RIGHT

SECTION 210.350:             TRESPASS IN THE FIRST DEGREE

SECTION 210.360:             POSSESSION OF BURGLAR’S TOOLS

SECTION 210.370:             STEALING

SECTION 210.380:             RECEIVING STOLEN PROPERTY

SECTION 210.390:             OBTAINING AND ACCEPTING TRANSPORTATION BY FALSE PRETENSES

SECTION 210.400:             FRAUDULENT USE OF A CREDIT DEVICE

SECTION 210.410:             PASSING BAD CHECKS — PENALTY

SECTION 210.420:             FRAUDULENTLY STOPPING PAYMENT ON AN INSTRUMENT — PENALTIES

ARTICLE VI.  OFFENSES INVOLVING MORALS AND PUBLIC POLICY

SECTION 210.430:             DEFINITIONS

SECTION 210.440:             PROSTITUTION

SECTION 210.450:             PATRONIZING PROSTITUTION

SECTION 210.460:             PROSTITUTION AND PATRONIZING PROSTITUTION — SEX OF PARTIES NO DEFENSE — WHEN

SECTION 210.470:             PROSTITUTION HOUSES DEEMED PUBLIC NUISANCES

SECTION 210.480:             INDECENT EXPOSURE

SECTION 210.485:             PUBLIC INDECENCY

SECTION 210.490:             WINDOW PEEPING

SECTION 210.500:             PALMISTRY — DECLARED UNLAWFUL

SECTION 210.510:             UNLAWFUL TRANSACTIONS WITH A CHILD

SECTION 210.520:             UNLAWFUL ACTS BY MINOR PROHIBITED

SECTION 210.530:             MOLESTING CHILDREN

SECTION 210.540:             ENDANGERING THE WELFARE OF A CHILD IN THE SECOND DEGREE

SECTION 210.545:             AIDING/HARBORING A RUNAWAY

SECTION 210.550:             PROMOTING OBSCENITY IN THE SECOND DEGREE

SECTION 210.560:             FURNISHING PORNOGRAPHIC MATERIALS TO MINORS

SECTION 210.570:             EVIDENCE IN PORNOGRAPHY CASES

SECTION 210.580:             PUBLIC DISPLAY OF EXPLICIT SEXUAL MATERIAL

SECTION 210.590:             DEFINITIONS

ARTICLE VII.  OFFENSES AND PENALTIES IN GENERAL

SECTION 210.600:             PENALTIES

SECTION 210.610:             ATTEMPTS TO COMMIT AN ORDINANCE VIOLATION

SECTION 210.620:             AIDING IN THE COMMISSION OF AN ORDINANCE VIOLATION

CHAPTER 215:  NUISANCES

ARTICLE I.  GENERAL PROVISIONS

SECTION 215.010:             NUISANCES PROHIBITED

SECTION 215.020:             AUTHORITY OF CHIEF OF POLICE OR HIS DESIGNEE

SECTION 215.030:             ENUMERATION

SECTION 215.040:             BURNING PROHIBITED

SECTION 215.050:             CERTAIN BUSINESSES NEAR RESIDENCES

SECTION 215.060:             COLLECTION, USE OF PUTRID FAT, OTHER MATTER

SECTION 215.070:             DECAYED FOOD, REFUSE, OTHER SUBSTANCES ON PRIVATE PREMISES

SECTION 215.080:             FOUL LIQUIDS OR SUBSTANCES

SECTION 215.090:             RENDERING ANIMAL, VEGETABLE PRODUCTS

SECTION 215.100:             STRUCTURES OBSTRUCTING WATERCOURSES

SECTION 215.110:             ABATEMENT AND ENFORCEMENT — NOTICE — HEARING REQUESTED

SECTION 215.120:             ABATEMENT OF NUISANCE DETERMINED TO BE IMMEDIATE DANGER TO PUBLIC

SECTION 215.130:             ABATEMENT AND ENFORCEMENT — OWNER, DEFINITION

SECTION 215.140:             ABATEMENT AND ENFORCEMENT

SECTION 215.150:             ABATEMENT AND SPECIAL ASSESSMENT

SECTION 215.160:             ABATEMENT AND ENFORCEMENT — COMPLAINT IN MUNICIPAL COURT — ASSESSMENT OF ADDITIONAL COSTS

SECTION 215.170:             ABATEMENT AND ENFORCEMENT — ENTRY

SECTION 215.180:             ABATEMENT AND ENFORCEMENT — PENALTIES

SECTION 215.190:             HAZARDOUS TREES

ARTICLE II.  WEEDS AND VEGETATION

SECTION 215.200:             WEEDS AND NOXIOUS PLANTS — DEFINITIONS

SECTION 215.210:             NUISANCE DECLARED

SECTION 215.220:             RANK WEEDS PROHIBITED — REMOVAL REQUIRED

SECTION 215.230:             NOTICE AND ORDER

SECTION 215.240:             ABATEMENT

SECTION 215.250:             ENTRY TO ABATE

SECTION 215.260:             SPECIAL ASSESSMENT

SECTION 215.270:             COMPLAINT IN MUNICIPAL COURT — ASSESSMENT OF ADDITIONAL COSTS

SECTION 215.280:             PENALTIES

ARTICLE III.  LITTERING

SECTION 215.290:             LITTERING DEFINED

SECTION 215.300:             LITTERING PROHIBITED

SECTION 215.310:             RESERVED

SECTION 215.320:             DIRT, RUBBISH, LITTER FROM ABUTTING PROPERTY

SECTION 215.330:             CARE OF TRASH ON PRIVATE PROPERTY

SECTION 215.340:             WASTEWATER

SECTION 215.350:             LITTER FROM VEHICLES

SECTION 215.360:             PROPERTY TO BE KEPT CLEAN

SECTION 215.370:             CLEANING PROPERTY — CONTENTS, SERVICE OF NOTICE

SECTION 215.380:             CLEANING PROPERTY — EFFECT OF NON-COMPLIANCE WITH NOTICE

SECTION 215.390:             CLEANING PROPERTY — SPECIAL ASSESSMENT

SECTION 215.400:             PENALTIES

CHAPTER 220:  CURFEW

SECTION 220.010:             LOITERING OF MINORS PROHIBITED

SECTION 220.020:             RESPONSIBILITY OF PARENTS

SECTION 220.030:             RESPONSIBILITY OF MERCHANT

SECTION 220.035:             PROHIBITION AGAINST LINGERING

SECTION 220.040:             PENALTIES

SECTION 220.050:             DUTIES OF POLICE OFFICERS

CHAPTER 225:  FIREWORKS

SECTION 225.010:             FIREWORKS DEFINED

SECTION 225.020:             USE OR SALE OF FIREWORKS

SECTION 225.030:             USE OF FIREWORKS LIMITED — WHERE

SECTION 225.040:             SALE OF FIREWORKS LIMITED — WHERE

CHAPTER 230:  SOLID WASTE

SECTION 230.010:             DEFINITIONS

SECTION 230.020:             REGULATIONS FOR DISPOSAL OF SOLID WASTE

SECTION 230.030:             ADMINISTRATION

SECTION 230.040:             VEHICLE TRANSPORTING SOLID WASTES — WEIGHT LIMIT — HIGHWAY DEPARTMENT TO PRESCRIBE ROUTE

SECTION 230.050:             COOPERATION WITH OTHER GOVERNMENTS AND AGENCIES

SECTION 230.060:             BURNING OF SOLID WASTES — LIMITED

CHAPTER 235:   DISCRIMINATION

ARTICLE I.  GENERAL PROVISIONS

SECTION 235.010:             DEFINITIONS

SECTION 235.020:             COMMISSION ON HUMAN RELATIONS — ESTABLISHMENT AUTHORIZED

SECTION 235.030:             COMMISSION ON HUMAN RELATIONS — MEETINGS AND PROCEDURES

SECTION 235.040:             COMMISSION ON HUMAN RELATIONS — FUNCTIONS AND DUTIES GENERALLY

SECTION 235.050:             UNLAWFUL DISCRIMINATORY PRACTICES — GENERALLY

SECTION 235.060:             DISCRIMINATION COMPLAINT — PROCEDURES

SECTION 235.070:             VIOLATION AND PENALTY

ARTICLE II.  FAIR HOUSING

SECTION 235.080:             DECLARATION OF POLICY

SECTION 235.085:             DEFINITIONS

SECTION 235.090:             DISCRIMINATORY PRACTICES

SECTION 235.095:             DISCRIMINATION IN THE FINANCING OF HOUSING

SECTION 235.100:             ADMINISTRATION

SECTION 235.110:             ENFORCEMENT

ARTICLE III.  PUBLIC ACCOMMODATIONS

SECTION 235.120:             POLICY

SECTION 235.130:             DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED, EXCEPTIONS

CHAPTER 240:  CIVIL DISORDER

SECTION 240.010:             PROCLAMATION MAY BE ORDERED

SECTION 240.020:             CURFEW MAY BE IMPOSED

SECTION 240.030:             VIOLATIONS OF PROCLAMATION

SECTION 240.040:             EXCESSIVE FORCE

CHAPTER 245:  FOOD AND RESTAURANTS

SECTION 245.010:             DEFINITIONS

SECTION 245.020:             FOOD

SECTION 245.030:             PERSONNEL

SECTION 245.040:             FOOD EQUIPMENT

SECTION 245.050:             SANITARY FACILITIES AND CONTROLS

SECTION 245.060:             OTHER FACILITIES AND OPERATIONS

SECTION 245.070:             ENFORCEMENT PROVISIONS

CHAPTER 250:  CONDUCT IN CITY PARKS

SECTION 250.010:             DEFINITIONS

SECTION 250.020:             POLICE DEPARTMENT — DUTY

SECTION 250.030:             PARKS — MISCELLANEOUS REGULATIONS

SECTION 250.040:             SANITATION

SECTION 250.050:             PARK — TRAFFIC REGULATIONS

SECTION 250.060:             USE OF WHEELED VEHICLE IN PARK PROHIBITED

SECTION 250.070:             DOMESTIC ANIMALS

SECTION 250.080:             INTOXICATION OR USE OF INTOXICATING SUBSTANCES IN A PARK

SECTION 250.090:             OPEN BEER OR LIQUOR CONTAINERS

SECTION 250.100:             USE OF HARD SOLED SHOES ON CITY PARK TENNIS COURTS — PROHIBITED

SECTION 250.110:             PARKS — MERCHANDISING

SECTION 250.120:             SUBJECT TO JURISDICTION OF CITY

SECTION 250.130:             PENALTY

SECTION 250.140:             REQUIRED TO LEAVE PARK

SECTION 250.150:             ENTRY INTO PARK — PROHIBITED — WHEN

SECTION 250.160:             SPECIAL SPEED LIMIT IN PARK

CHAPTER 255: EMERGENCY PREPAREDNESS OFFICE

SECTION 255.010:             ESTABLISHMENT

SECTION 255.020:             COMPOSITION

SECTION 255.030:             FUNCTIONS

SECTION 255.040:             DIRECTOR

SECTION 255.050:             EXECUTIVE OFFICER

SECTION 255.060:             OATH

SECTION 255.070:             OFFICE SPACE

TITLE III.  TRAFFIC CODE

CHAPTER 300:   GENERAL PROVISIONS

SECTION 300.010:             MODEL TRAFFIC CODE — ADOPTION AND EXCEPTIONS

SECTION 300.020:             DEFINITIONS

SECTION 300.030:             GENERAL PENALTY

CHAPTER  305:  TRAFFIC ADMINISTRATION

SECTION 305.010:             POLICE ADMINISTRATION

SECTION 305.020:             DUTY OF TRAFFIC DIVISION

SECTION 305.030:             RECORDS OF TRAFFIC VIOLATIONS

SECTION 305.040:             TRAFFIC DIVISION TO INVESTIGATE ACCIDENTS

SECTION 305.050:             TRAFFIC ACCIDENT STUDIES

SECTION 305.060:             TRAFFIC ACCIDENT REPORTS

SECTION 305.070:             DRIVER FILES TO BE MAINTAINED

SECTION 305.080:             TRAFFIC DIVISION TO SUBMIT ANNUAL TRAFFIC SAFETY REPORT

SECTION 305.090:             TRAFFIC DIVISION TO DESIGNATE METHOD OF IDENTIFYING FUNERAL PROCESSIONS

SECTION 305.100:             CITY TRAFFIC ENGINEER

SECTION 305.110:             EMERGENCY AND EXPERIMENTAL REGULATIONS

SECTION 305.120:             TRAFFIC COMMISSION ESTABLISHED — POWERS AND DUTIES

CHAPTER  310:  ENFORCMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

SECTION 310.020:             OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS

SECTION 310.030:             PERSONS PROPELLING PUSH CARTS OR RIDING ANIMALS TO OBEY TRAFFIC REGULATIONS

SECTION 310.040:             USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED

SECTION 310.050:             PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS

SECTION 310.060:             AUTHORIZED EMERGENCY VEHICLES

SECTION 310.070:             OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES

SECTION 310.080:             IMMEDIATE NOTICE OF ACCIDENT

SECTION 310.090:             WRITTEN REPORT OF ACCIDENT

SECTION 310.100:             WHEN DRIVER UNABLE TO REPORT

SECTION 310.110:             LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT

SECTION 310.120:             PUBLIC INSPECTION OF REPORTS RELATING TO ACCIDENTS

CHAPTER 315:  TRAFFIC CONTROL DEVICES

SECTION 315.010:             AUTHORITY TO INSTALL TRAFFIC CONTROL DEVICES

SECTION 315.020:             MANUAL AND SPECIFICATIONS FOR TRAFFIC CONTROL DEVICES

SECTION 315.030:             OBEDIENCE TO TRAFFIC CONTROL DEVICES

SECTION 315.040:             OFFICIAL TRAFFIC CONTROL DEVICES — PRESUMPTION OF LEGALITY

SECTION 315.050:             TRAFFIC CONTROL SIGNAL LEGEND — RIGHT TURN ON RED LIGHT, WHEN

SECTION 315.060:             PEDESTRIAN CONTROL SIGNALS

SECTION 315.070:             FLASHING SIGNALS

SECTION 315.080:             LANE DIRECTION CONTROL SIGNALS

SECTION 315.090:             DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS

SECTION 315.100:             INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS

SECTION 315.110:             CITY TRAFFIC ENGINEER TO DESIGNATE CROSSWALKS AND ESTABLISH SAFETY ZONES

SECTION 315.120:             TRAFFIC LANES

CHAPTER 320:  SPEED REGULATIONS

SECTION 320.010:             STATE SPEED LAWS APPLICABLE

SECTION 320.020:  REGULATION OF SPEED BY TRAFFIC SIGNALS

SECTION 320.030:             RACING ON STREETS AND HIGHWAYS

SECTION 320.040:             SLOW SPEED — REGULATION OF

CHAPTER 325:  TURNING MOVEMENTS

SECTION 325.010:             REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTION

SECTION 325.020:             AUTHORITY TO PLACE AND OBEDIENCE TO TURNING MARKERS

SECTION 325.030:             AUTHORITY TO PLACE RESTRICTED TURN SIGNS

SECTION 325.040:             OBEDIENCE TO NO-TURN SIGNS

SECTION 325.050:             LIMITATIONS ON TURNING AROUND

CHAPTER 330:   ONE-WAY STREETS AND ALLEYS

SECTION 330.010:             AUTHORITY TO SIGN ONE-WAY STREETS AND ALLEYS

SECTION 330.020:             ONE-WAY STREETS AND ALLEYS

SECTION 330.030:             AUTHORITY TO RESTRICT DIRECTION OF MOVEMENT ON STREETS DURING CERTAIN PERIODS

CHAPTER 335:  STOP AND YIELD INTERSECTIONS, RAILROAD  CROSSINGS

SECTION 335.010:             THROUGH STREETS DESIGNATED

SECTION 335.020:             SIGNS REQUIRED AT THROUGH STREETS

SECTION 335.030:             OTHER INTERSECTIONS WHERE STOP OR YIELD REQUIRED

SECTION 335.040:             STOP AND YIELD SIGNS

SECTION 335.050:             VEHICLE ENTERING STOP INTERSECTION

SECTION 335.060:             VEHICLE ENTERING YIELD INTERSECTION

SECTION 335.070:             EMERGING FROM ALLEY, DRIVEWAY OR BUILDING

SECTION 335.080:             STOP WHEN TRAFFIC OBSTRUCTED

SECTION 335.090:             OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN

CHAPTER 340:  MISCELLANEOUS DRIVING RULES

SECTION 340.010:             FOLLOWING FIRE APPARATUS PROHIBITED

SECTION 340.020:             CROSSING FIRE HOSE

SECTION 340.030:             DRIVING THROUGH FUNERAL OR OTHER PROCESSION

SECTION 340.040:             DRIVING IN PROCESSION

SECTION 340.050:             FUNERAL PROCESSION TO BE IDENTIFIED

SECTION 340.060:             WHEN PERMITS REQUIRED FOR PARADES AND PROCESSIONS

SECTION 340.070:             VEHICLE SHALL NOT BE DRIVEN ON A SIDEWALK

SECTION 340.080:             LIMITATIONS ON BACKING

SECTION 340.090:             OPENING AND CLOSING VEHICLE DOORS

SECTION 340.100:             RIDING ON MOTORCYCLES, ADDITIONAL PASSENGER, REQUIREMENTS

SECTION 340.110:             MOTORCYCLES — SAFETY HELMETS REQUIRED — STANDARDS FOR HELMETS

SECTION 340.120:             APPLICABILITY OF TRAFFIC LAWS TO PERSONS RIDING MOTOR SCOOTERS

SECTION 340.130:             ALL-TERRAIN VEHICLES, PROHIBITED — EXCEPTIONS, OPERATION OF UNDER AN EXCEPTION — PROHIBITED USES — PENALTY

SECTION 340.140:             UNLICENSED ALL-TERRAIN VEHICLES PROHIBITED

SECTION 340.150:             RIDING BICYCLES, SLEDS, ROLLER SKATES, BY ATTACHING TO ANOTHER VEHICLE, PROHIBITED

SECTION 340.160:             CONTROLLED ACCESS

SECTION 340.170:             DRIVING THROUGH SAFETY ZONE PROHIBITED

SECTION 340.180:             CARELESS DRIVING

SECTION 340.190:             MECHANICALLY DEFECTIVE MOTOR VEHICLES

SECTION 340.200:             SEAT BELTS AND CHILD RESTRAINT DEVICES

SECTION 340.205:             RIDING IN UNENCLOSED TRUCK BEDS

SECTION 340.210:             SCHOOL BUS — STOPS — PASSING WHILE STOPPED

SECTION 340.220:             RESERVED

SECTION 340.230:             DRIVE ON RIGHT OF HIGHWAY — TRAFFIC LANES — SIGNS

SECTION 340.240:             PASSING REGULATIONS

SECTION 340.250:             PROOF OF FINANCIAL RESPONSIBILITY (INSURANCE CARD)

CHAPTER 342:  DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR OTHER DRUGS

SECTION 342.010:             DRIVING WHILE INTOXICATED OR DRUGGED

SECTION 342.020:             EXCESSIVE BLOOD ALCOHOL CONTENT

SECTION 342.030:             DEFINITION

SECTION 342.040:             PERCENT BY WEIGHT OF ALCOHOL, DEFINED

SECTION 342.050:             CHEMICAL TESTS FOR ALCOHOL CONTENT OF BLOOD — IMPLIED CONSENT — ADMINISTERED, WHEN, HOW

SECTION 342.060:             PROCEDURE ON ARREST

SECTION 342.070:             PROCEDURE IN MUNICIPAL COURT

SECTION 342.080:             DRIVING SCHOOL

SECTION 342.090:             REPORTS TO HIGHWAY PATROL

SECTION 342.100:             PENALTY

CHAPTER 345:  PEDESTRIANS’ RIGHTS AND DUTIES

SECTION 345.010:             PEDESTRIANS SUBJECT TO TRAFFIC CONTROL DEVICES

SECTION 345.020:             PEDESTRIANS’ RIGHT OF WAY IN CROSSWALKS

SECTION 345.030:             PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS

SECTION 345.040:             CROSSING AT RIGHT ANGLES

SECTION 345.050:             WHEN PEDESTRIAN SHALL YIELD

SECTION 345.060:             PROHIBITED CROSSING

SECTION 345.070:             OBEDIENCE OF PEDESTRIANS TO BRIDGE AND RAILROAD SIGNALS

SECTION 345.080:             PEDESTRIANS WALKING ALONG ROADWAYS

SECTION 345.090:             DRIVERS TO EXERCISE HIGHEST DEGREE OF CARE

CHAPTER 350:  METHOD OF PARKING

SECTION 350.010:             STANDING OR PARKING CLOSE TO CURB

SECTION 350.020:             SIGNS, OR MARKINGS INDICATING ANGLE PARKING

SECTION 350.030:             OBEDIENCE TO ANGLE PARKING SIGNS OR MARKERS

SECTION 350.040:             PERMITS FOR LOADING OR UNLOADING AT AN ANGLE TO THE CURB

SECTION 350.050:             LAMPS ON PARKED VEHICLES

CHAPTER 355:  STOPPING, STANDING OR PARKING PROHIBITED  IN SPECIFIED PLACES

SECTION 355.010:             STOPPING, STANDING OR PARKING PROHIBITED

SECTION 355.020:             PARKING NOT TO OBSTRUCT TRAFFIC

SECTION 355.030:             PARKING IN ALLEYS

SECTION 355.040:             PARKING FOR CERTAIN PURPOSES PROHIBITED

SECTION 355.050:             PARKING ADJACENT TO SCHOOLS

SECTION 355.060:             PARKING PROHIBITED ON NARROW STREETS

SECTION 355.070:             STANDING OR PARKING ON ONE-WAY STREETS

SECTION 355.080:             STANDING OR PARKING ON ONE-WAY ROADWAYS

SECTION 355.090:             NO STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES

SECTION 355.100:             STOPPING, STANDING OR PARKING IN THE CITY PARK

CHAPTER 360:  STOPPING FOR LOADING OR UNLOADING ONLY

SECTION 360.010:             CITY TRAFFIC ENGINEER TO DESIGNATE CURB LOADING ZONES

SECTION 360.020:             PERMITS FOR CURB LOADING ZONES

SECTION 360.030:             STANDING IN PASSENGER CURB LOADING ZONE

SECTION 360.040:             STANDING IN FREIGHT CURB LOADING ZONES

SECTION 360.050:             CITY TRAFFIC ENGINEER TO DESIGNATE PUBLIC CARRIER STOPS AND STANDS

SECTION 360.060:             STOPPING, STANDING AND PARKING OF BUSES AND TAXICABS REGULATED

SECTION 360.070:             RESTRICTED USE OF BUS AND TAXICAB STANDS

CHAPTER 365:  STOPPING, STANDING OR PARKING RESTRICTED  OR PROHIBITED ON CERTAIN STREETS

SECTION 365.010:             APPLICATION OF CHAPTER

SECTION 365.020:             REGULATIONS NOT EXCLUSIVE

SECTION 365.030:             PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS

SECTION 365.040:             PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS

SECTION 365.050:             STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS

SECTION 365.060:             PARKING SIGNS REQUIRED

SECTION 365.070:             COMMERCIAL VEHICLES PROHIBITED FROM USING CERTAIN STREETS

SECTION 365.080:             COMMERCIAL VEHICLE REGULATIONS — EXCEPTIONS — POSTING

SECTION 365.090:             CERTAIN VEHICLES LICENSED IN EXCESS OF 18,000 POUNDS PROHIBITED FROM USING CERTAIN STREETS WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF

SECTION 365.100:             COMMERCIAL VEHICLES PROHIBITED FROM PARKING ON CERTAIN STREETS

SECTION 365.110:             PARKING TRUCK, TRAILER, ETC., IN RESIDENTIAL DISTRICTS

CHAPTER 370:  TRAFFIC VIOLATIONS BUREAU

SECTION 370.010:             ESTABLISHMENT

SECTION 370.020:             WHEN PERSON CHARGED MAY ELECT TO APPEAR AT BUREAU

SECTION 370.030:             DUTIES OF TRAFFIC VIOLATIONS BUREAU

SECTION 370.040:             TRAFFIC VIOLATIONS BUREAU TO KEEP RECORDS

SECTION 370.050:             ADDITIONAL DUTIES OF TRAFFIC VIOLATIONS BUREAU

CHAPTER 375:  PROCEDURE ON ARREST

SECTION 375.010:             FORMS AND RECORDS OF TRAFFIC CITATIONS AND ARRESTS

SECTION 375.020:             PROCEDURE OF POLICE OFFICERS

SECTION 375.030:             UNIFORM TRAFFIC TICKET TO BE ISSUED WHEN VEHICLE ILLEGALLY PARKED OR STOPPED

SECTION 375.040:             WARNING OF ARREST SENT UPON FAILURE TO APPEAR

SECTION 375.050:             POLICE MAY REMOVE VEHICLE — WHEN

CHAPTER 380:  BICYCLE REGULATIONS

SECTION 380.010:             BICYCLE EQUIPMENT

SECTION 380.020:             BRAKES REQUIRED

SECTION 380.030:             RIGHTS AND DUTIES OF BICYCLE AND MOTORIZED BICYCLE RIDERS

SECTION 380.040:             USE ON SIDEWALKS RESTRICTED

SECTION 380.050:             PEDESTRIANS HAVE RIGHT OF WAY

SECTION 380.060:             HOOKING ON OR TOWING

SECTION 380.070:             RIDER LIMITED

SECTION 380.080:             RIDING ABREAST

SECTION 380.090:             MANNER OF RIDING

SECTION 380.100:             RIGHT TO INSPECT

CHAPTER 385:  LICENSING REGULATIONS

ARTICLE I.  CITY VEHICLE LICENSES

SECTION 385.010:             LICENSE — APPLICATION — FEE

SECTION 385.020:             DISPLAY OF CITY VEHICLE LICENSES

SECTION 385.030:             SENIOR CITIZEN CREDIT

ARTICLE II.  DRIVER’S LICENSES AND LICENSE PLATES

SECTION 385.040:             DRIVING WITHOUT LICENSE PROHIBITED

SECTION 385.050:             STATE DRIVER’S LICENSE REQUIRED

SECTION 385.060:             RESPONSIBILITY OF OWNER TO SEE THAT DRIVER IS LICENSED

SECTION 385.070:             PROHIBITED ACTS

SECTION 385.080:             DRIVING WITH ALTERED LICENSE PROHIBITED

SECTION 385.090:             TO BE CARRIED AND DISPLAYED

SECTION 385.100:             DISPLAY OF LICENSE PLATE

CHAPTER 390:  VEHICLE EQUIPMENT

ARTICLE I.  LIGHT REGULATIONS

SECTION 390.010:             DEFINITIONS

SECTION 390.020:             WHEN LIGHTS REQUIRED

SECTION 390.030:             HEADLAMP ON MOTOR VEHICLES

SECTION 390.040:             DIMMING OF LIGHTS — WHEN

SECTION 390.050:             TAILLAMPS — REFLECTORS

SECTION 390.060:             SPOTLAMPS

SECTION 390.070:             COLORS OF VARIOUS LAMPS — RESTRICTION OF RED LIGHTS

SECTION 390.080:             LIMITATION ON TOTAL OF LAMPS LIGHTED AT ONE TIME

ARTICLE II.  MISCELLANEOUS VEHICLE REGULATIONS

SECTION 390.090:             ALTERING PASSENGER MOTOR VEHICLE BY RAISING FRONT OR REAR OF VEHICLE PROHIBITED, WHEN

SECTION 390.100:             MUFFLER CUTOUTS

SCHEDULE I.  ARTERIAL STREETS (STOP SIGNS)

SCHEDULE II.  SPEED LIMITS

SCHEDULE III.  RESTRICTED PARKING

SCHEDULE IV.  NO PARKING

SCHEDULE V.  CROSS WALKS AND SCHOOL CROSSING ZONES

SCHEDULE VI.  COMMERCIAL VEHICLES–RESTRICTIONS

TITLE IV.  LAND USE

CHAPTER 400:  ZONING CODE

ARTICLE I.  GENERAL PROVISIONS

SECTION 400.010:             CITATION

SECTION 400.020:             OBJECTIVES AND INTENT

SECTION 400.030:             PURPOSE AND SCOPE

SECTION 400.040:             REGULATION OF USE, HEIGHT, AREA, YARDS AND OPEN SPACES

SECTION 400.050:             ZONES AND ZONING MAP

SECTION 400.060:             INTERPRETATION OF ZONING DISTRICT MAPS

SECTION 400.070:             DEFINITIONS AND INTERPRETATION OF WORDS

ARTICLE II.  SPECIFIC DISTRICT REGULATIONS

SECTION 400.080:             “R-1″ SINGLE-FAMILY DWELLING DISTRICT

SECTION 400.085:             “R-1A” SINGLE-FAMILY DWELLING DISTRICT ON ACREAGE LOTS

SECTION 400.090:             “R-2″ TWO-FAMILY DWELLING DISTRICT

SECTION 400.100:             “R-3″ MULTIPLE-FAMILY DWELLING DISTRICT

SECTION 400.110:             “C-1″ LOCAL COMMERCIAL DISTRICT

SECTION 400.120:             “C-2″ GENERAL COMMERCIAL DISTRICT

SECTION 400.130:             “C-3″ HIGHWAY COMMERCIAL DISTRICT

SECTION 400.135:             “MX” MIXED USE ZONING

SECTION 400.140:             “I-1″ LIGHT INDUSTRIAL DISTRICT

SECTION 400.150:             “I-2″ GENERAL INDUSTRIAL DISTRICT

SECTION 400.160:             “A”–AGRICULTURAL DISTRICT

SECTION 400.170:             “SS” — SPECIAL SERVICES DISTRICT

ARTICLE III.  ADDITIONAL DISTRICT PROVISIONS

SECTION 400.180:             CONDITIONS OF A MORE RESTRICTED DISTRICT

SECTION 400.190:             OPEN SPACE

SECTION 400.200:             HEIGHT

SECTION 400.210:             GROUP HOUSING PROJECTS

SECTION 400.220:             ANIMALS

SECTION 400.230:             STORAGE OF LIQUIFIED PETROLEUM GASES

SECTION 400.240:             MOBILE HOME PARK REGULATIONS

SECTION 400.250:             MOBILE HOMES, TRAILER HOMES AND TRAVEL TRAILERS — PROHIBITED — WHEN

SECTION 400.260:             SWIMMING POOL REGULATIONS

ARTICLE IV.  OFF-STREET AUTOMOBILE AND VEHICLE PARKING AND LOADING

SECTION 400.270:             GENERAL INTENT AND APPLICATION

SECTION 400.280:             REQUIRED OPEN SPACE

SECTION 400.290:             LOCATION

SECTION 400.300:             OWNERSHIP

SECTION 400.310:             SIZE OF OFF-STREET PARKING SPACE

SECTION 400.320:             AMOUNT OF OFF-STREET PARKING AND LOADING REQUIRED

SECTION 400.330:             OFF-STREET PARKING LOTS IN OR ADJACENT TO RESIDENTIAL DISTRICTS

ARTICLE V.  NON-CONFORMING BUILDINGS, STRUCTURES AND USES OF LAND

SECTION 400.340:             NON-CONFORMING BUILDINGS AND STRUCTURES

SECTION 400.350:             NON-CONFORMING USES OF LAND

SECTION 400.355:             SPECIAL USE PERMITS

ARTICLE VI.  BOARD OF ADJUSTMENT

SECTION 400.360:             BOARD OF ADJUSTMENT CREATED

SECTION 400.370:             MEMBERSHIP

SECTION 400.380:             PROCEDURE

SECTION 400.390:             POWERS

SECTION 400.400:             APPEALS — PROCEDURE

SECTION 400.410:             APPEAL TO CIRCUIT COURT

ARTICLE VII.  ADMINISTRATION

SECTION 400.420:             BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY REQUIRED

SECTION 400.430:             PROCEDURE FOR AUTHORIZING USES PERMITTED ON REVIEW

SECTION 400.440:             VIOLATIONS AND PENALTIES

SECTION 400.450:             AMENDMENTS

SECTION 400.460:             CLASSIFICATION OF NEW ADDITIONS

SECTION 400.470:             RESPONSES

SCHEDULE 1.  SCRIPT FOR BOARD OF ADJUSTMENT

CHAPTER 402:  CITY PLANNING COMMISSION

SECTION 402.010:             DEFINITIONS

SECTION 402.020:             BOARD TO APPOINT COMMISSION

SECTION 402.030:             MEMBERSHIP

SECTION 402.040:             CHAIRMAN AND SECRETARY

SECTION 402.045:             APPOINTMENT OF AGENTS

SECTION 402.050:             CITY PLAN–ADOPTION–PREPARATION–HEARINGS

SECTION 402.060:             INFORMATION TO BE FURNISHED COMMISSION

SECTION 402.070:  COMMISSION APPROVAL AND/OR DISAPPROVAL — RESULTS

SECTION 402.080:             PERFORM FUNCTIONS PROVIDED IN STATUTES

SECTION 402.090:             PROCEDURE OF COMMISSION TO APPROVE PLAT

SECTION 402.100:             TRANSFER OR SALE OF PROPERTY WITHOUT APPROVAL — UNLAWFUL, WHEN

SECTION 402.110:             MAJOR STREET PLAN

SECTION 402.120:             VIOLATION AND PENALTY

CHAPTER 405:  PUBLIC AND PRIVATE INFRASTRUCTURE REGULATIONS

ARTICLE I.  IN GENERAL

SECTION 405.010:             BASE ESTABLISHED FOR ALL GRADES OF CITY

SECTION 405.020:             OBSTRUCTION OF VIEW ON CORNER LOTS PROHIBITED — PENALTY

SECTION 405.030:             ERECTION OF TELEPHONE, TELEGRAPH, OTHER POLES UPON STREETS, ALLEYS — RESTRICTIONS

SECTION 405.040:             TREES — TO BE TRIMMED — HEIGHT RESTRICTIONS

SECTION 405.050:             STREET CUTS/EXCAVATIONS — REQUIREMENTS GENERALLY

SECTION 405.060:             STREET CUTS/EXCAVATIONS — PERMIT REQUIRED, DEPOSIT AND FEE

ARTICLE II.  SIDEWALK ASSESSMENT AND CONSTRUCTION

SECTION 405.070:             CITY RESPONSIBILITY TO ASSESS SIDEWALKS

SECTION 405.080:             ASSESSMENT OF SIDEWALKS

SECTION 405.090:             INFORMATION TO COLLECT

SECTION 405.100:             CRITERIA USED TO DESIGNATE WHO IS TO REPAIR THE SIDEWALK

SECTION 405.110:             CONSTRUCTION, REPAIRING SIDEWALKS AND CURBING — ASSESSMENT OF COSTS

SECTION 405.120:             FAILURE OF OWNER TO MAKE REPAIRS OR CONSTRUCT — ASSESSMENT OF COSTS

SECTION 405.130:             REQUIREMENTS GENERALLY

SECTION 405.140:             STREET CROSSING — REQUIREMENTS GENERALLY

ARTICLE III.  COMMERCIAL DRIVEWAYS AND PRIVATE DRIVEWAYS

SECTION 405.150:             DEFINITIONS

SECTION 405.160:             PERMIT FOR CONSTRUCTION AND MAINTENANCE REQUIRED

SECTION 405.170:             APPLICATION FOR PERMIT

SECTION 405.180:             FILING PLAT, DRAWING PREREQUISITE TO ISSUANCE OF PERMIT

SECTION 405.190:             PREREQUISITES TO APPROVAL OF APPLICATION FOR PERMIT FOR COMMERCIAL DRIVEWAYS

SECTION 405.200:             PREREQUISITES TO APPROVAL OF APPLICATION FOR PERMIT FOR PRIVATE DRIVEWAYS

SECTION 405.210:             SURFACES

SECTION 405.220:             PERMITS TO RELOCATE, EXPAND, ENLARGE

SECTION 405.230:             GRADE AND REQUIREMENTS GENERALLY

ARTICLE IV.  CONSTRUCTION OR REPAIR BY PROPERTY OWNER

SECTION 405.240:             NECESSITY OF PERMIT

SECTION 405.250:             PLANS, SPECIFICATIONS

SECTION 405.260:             FEES

ARTICLE V.  PRIVATE CONSTRUCTION OF PUBLIC WORKS PROJECTS

SECTION 405.270:             CONSTRUCTION OF STREETS, ETC., REGULATIONS AND APPLICATION FOR SUBDIVISIONS

SECTION 405.280:             CITY ACCEPTANCE OF PRIVATE CONSTRUCTION OF PUBLIC WORKS PROJECTS

SECTION 405.290:             MINIMUM STANDARDS FOR STREET CONSTRUCTION

SECTION 405.300:             MINIMUM STANDARDS FOR WATER LINE CONSTRUCTION

SECTION 405.310:             MINIMUM STANDARDS FOR SANITARY SEWER CONSTRUCTION

SECTION 405.320:             MINIMUM STANDARDS FOR STORM SEWER CONSTRUCTION

SECTION 405.330:             STORM WATER DETENTION

SECTION 405.340:             STREETS, WATER, SANITARY SEWER AND STORM SEWER LINES TO BE EXTENDED TO ADJOINING PROPERTY LINES

ARTICLE VI.  EROSION AND SEDIMENT CONTROL AND GRADING

SECTION 405.350:             EROSION AND SEDIMENT CONTROL AND GRADING INTRODUCTION AND PURPOSE

SECTION 405.360:             DEFINITIONS

SECTION 405.370:             NATURAL FEATURES

SECTION 405.380:             PERMITS

SECTION 405.390:             EROSION AND SEDIMENT CONTROL PLAN

SECTION 405.400:             DESIGN REQUIREMENTS

SECTION 405.410:             MUD, MATERIAL OR DEBRIS ON CITY STREETS

SECTION 405.420:             INSPECTION

SECTION 405.430:             ENFORCEMENT AND PENALTIES

SECTION 405.440:             SOIL EROSION, YARDS TO BE SODDED OR SEEDED

ARTICLE VII.  PENALTY

SECTION 405.450:             PENALTY

SCHEDULE 1.  SCHEDULE OF CONSTRUCTION REQUIREMENTS

FOR SUBDIVISIONS IN BUCKNER, MISSOURI

SCHEDULE 3.  STREET PATCH DETAILS

SCHEDULE 4.  SIDEWALK DETAILS

SCHEDULE 5.  HANDICAP SIDEWALK RAMP DETAILS

SCHEDULE 6.  DETECTABLE WARNING PAVER DETAILS

SCHEDULE 7.  WATER PIPE DETAILS

SCHEDULE 8.  SANITARY PIPE DETAILS

CHAPTER 410:  TRAILER PARKS, TRAILER COURTS, MANUFACTURED AND MODULAR HOMES

SECTION 410.010:             LIMITED

SECTION 410.020:             REGULATIONS FOR MANUFACTURED AND MODULAR HOMES

SECTION 410.030:             DEFINITIONS

SECTION 410.040:             OCCUPANCY RESTRICTIONS

SECTION 410.050:             SITING REQUIREMENTS

CHAPTER 415:  FLOOD DAMAGE PREVENTION

ARTICLE I.  STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES

SECTION 415.010:             STATUTORY AUTHORIZATION

SECTION 415.020:             FINDINGS OF FACT

SECTION 415.030:             STATEMENT OF PURPOSE

ARTICLE II.  GENERAL PROVISIONS

SECTION 415.040:             LANDS TO WHICH CHAPTER APPLIES

SECTION 415.050:             FLOODPLAIN ADMINISTRATOR/MANAGER

SECTION 415.060:             COMPLIANCE

SECTION 415.070:             ABROGATION AND GREATER RESTRICTIONS

SECTION 415.080:             INTERPRETATION

SECTION 415.090:             WARNING AND DISCLAIMER OF LIABILITY

SECTION 415.100:             SEVERABILITY

ARTICLE III.  ADMINISTRATION

SECTION 415.110:             FLOODPLAIN DEVELOPMENT PERMIT (REQUIRED)

SECTION 415.120:             RESERVED

SECTION 415.130:             DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

SECTION 415.140:             APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT

ARTICLE IV.  PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION 415.150:             GENERAL STANDARDS

SECTION 415.160:             SPECIFIC STANDARDS

SECTION 415.170:             MANUFACTURED HOMES

SECTION 415.180:             RESERVED

SECTION 415.190:             FLOODWAY

SECTION 415.200:             RECREATIONAL VEHICLES

ARTICLE V.  FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

SECTION 415.210:             ESTABLISHMENT OF APPEAL BOARD

SECTION 415.220:             RESPONSIBILITY OF APPEAL BOARD

SECTION 415.230:             FURTHER APPEALS

SECTION 415.240:             FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

SECTION 415.250:             CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES

SECTION 415.260:             CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY STRUCTURES

SECTION 415.280:             AMENDMENTS

SECTION 415.290:             DEFINITIONS

CHAPTER 420:  SIGN REGULATIONS

SECTION 420.010:             PURPOSE AND SCOPE

SECTION 420.020:             DEFINITIONS

SECTION 420.030:             PERMIT — EXEMPTIONS

SECTION 420.040:             CONSTRUCTION MATERIAL

SECTION 420.050:             SIGNS AND DEVICES PROHIBITED

SECTION 420.060:             NON-CONFORMING SIGNS

SECTION 420.070:             SIGNS IN RESIDENTIAL DISTRICTS

SECTION 420.090:             PORTABLE SIGNS

SECTION 420.100:             STANDARDS FOR SIGNS

SECTION 420.110:             WALL, AWNING AND CANOPY SIGNS, PROJECTING AND ROOF SIGNS

SECTION 420.120:             OCCUPATIONAL AND/OR IDENTIFICATION SIGNS

SECTION 420.130:             GROUND SIGNS

SECTION 420.140:             FREE-STANDING SIGNS

SECTION 420.150:             ON-SITE INFORMATIONAL SIGNS

SECTION 420.160:             BILLBOARDS

SECTION 420.170:             LIMITATIONS OF SIGNAGE PER BUSINESS

SECTION 420.180:             GENERAL RESTRICTIONS ON SIGN REGULATIONS AND MAINTENANCE AND VIOLATIONS OF THIS CHAPTER

SECTION 420.190:             SIGN PERMITS AND FEES REQUIRED

SECTION 420.200:             APPLICATION FOR SIGN PERMIT

SECTION 420.210:             ENFORCEMENT

SECTION 420.220:             APPEALS AND VARIANCES

SECTION 420.230:             VIOLATION OF CHAPTER PROVISIONS

CHAPTER 425:  COMMUNICATION TOWER REGULATIONS

ARTICLE I.  DEFINITIONS AND INTRODUCTION

SECTION 425.010:             INTRODUCTION

SECTION 425.020:             DEFINITIONS

ARTICLE II.  GENERAL PROVISIONS

SECTION 425.030:             RADIO FREQUENCY RADIATION

SECTION 425.040:             FEDERAL REQUIREMENTS

SECTION 425.050:             BUILDING CODES — SAFETY STANDARDS

SECTION 425.060:             REMOVAL OF ABANDONED TOWERS

SECTION 425.070:             INSPECTION

SECTION 425.080:             AUTHORITY TO TRIM TREES

SECTION 425.090:             PENALTIES

SECTION 425.100:             UNDERGROUND PLACEMENT OF CABLES, WIRES AND FACILITIES

SECTION 425.110:             DISTURBANCES

ARTICLE III.  TOWER AND ANTENNA LOCATION AND DEVELOPMENT STANDARDS

SECTION 425.120:             PERMITTED BY RIGHT

SECTION 425.130:             ADMINISTRATIVE APPROVAL

SECTION 425.140:             SPECIAL USE PERMITS

SECTION 425.150:             NOT PERMITTED

SECTION 425.160:             HEIGHT AND SETBACK LIMITATIONS

SECTION 425.170:             SEPARATION

SECTION 425.180:             AESTHETICS

SECTION 425.190:             SCREENING AND FENCING

SECTION 425.200:             LIGHTING

SECTION 425.210:             LANDSCAPING

ARTICLE IV.  LOCAL ZONING AUTHORITY OVER WIRELESS TELECOMMUNICATIONS FACILITIES

SECTION 425.220:             CONDITIONS TO LOCAL ZONING REQUIREMENTS

TITLE V. BUILDING AND CONSTRUCTION

CHAPTER 500:  BUILDING CODE

ARTICLE I.  BUILDING CODE ADOPTIONS

SECTION 500.010:             ADOPTION OF UNIFORM BUILDING CODE (ICBO) AND RELATED CODES

SECTION 500.020:             EXCEPTIONS TO THE UNIFORM BUILDING CODE AND RELATED CODES

SECTION 500.030:             PERMIT FEES

ARTICLE II.  BUILDING CODE ADMINISTRATION

SECTION 500.040:             PUBLIC WORKS SUPERINTENDENT DESIGNED TO BE CODES ADMINISTRATOR (BUILDING OFFICIAL) — DUTY, AUTHORITY TO ENFORCE BUILDING CODE

SECTION 500.050:             BUILDING OFFICIAL OR DESIGNEE TO HAVE KNOWLEDGE OF TECHNICAL CODES AND AUTHORIZED TO RENDER INTERPRETATIONS

SECTION 505.060:             WORK PERMIT REQUIRED — INSPECTOR TO PROVIDE INSPECTION RECORD, CARD — POSTING OF PERMIT, CARD — PERMIT COSTS — ADDITIONAL INSPECTIONS AUTHORIZED

SECTION 500.065:             INSURANCE PROCEEDS

SECTION 500.070:             APPEALS

SECTION 500.080:             ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION

ARTICLE III.  BUILDING CODE PERMITS

SECTION 500.090:             APPLICATION–PLANS TO ACCOMPANY

SECTION 500.100:             PLANS TO BE APPROVED PRIOR TO ISSUANCE

SECTION 500.110:             UNLAWFUL TO VARY FROM PLANS UNLESS APPROVED BY THE BUILDING OFFICIAL OR DESIGNATED REPRESENTATIVE

SECTION 500.120:             ADDITIONAL INFORMATION TO ACCOMPANY APPLICATION

SECTION 500.130:             ENFORCEMENT OF PROVISIONS

ARTICLE IV.  PENALTIES

SECTION 500.140:             PENALTIES

CHAPTER 505:  BUILDING CODE STANDARDS

SECTION 505.010:             ADOPTION OF INTERNATIONAL BUILDING CODE STANDARDS

SECTION 505.020:             ENFORCEMENT BY BUILDING DEPARTMENT

SECTION 505.030:             PENALTIES

CHAPTER 506:  INTERNATIONAL RESIDENTIAL CODE

SECTION 506.010:             ADOPTION OF INTERNATIONAL RESIDENTIAL CODE

SECTION 506.020:             ENFORCEMENT

SECTION 506.030:             PENALTIES

CHAPTER 510:  FIRE CODE

SECTION 535.010:             ADOPTION OF INTERNATIONAL FIRE CODE

SECTION 535.020:             ESTABLISMENT AND DUTIES OF BUREAU OF FIRE PREVENTION

SECTION 535.030:             PENALTIES

SECTION 535.040:             ADOPTION OF LIFE SAFETY CODE

SECTION 535.050:             EFFECTIVE DATE

CHAPTER 515:  ELECTRICAL CODE

SECTION 535.010:             ADOPTION OF NATIONAL ELECTRICAL CODE

SECTION 535.020:             ENFORCEMENT BY BUILDING DEPARTMENT

SECTION 535.030:             PENALTIES

CHAPTER 520:  PLUMBING CODE

SECTION 535.010:             ADOPTION OF UNIFORM PLUMBING CODE

SECTION 535.020:             ENFORCEMENT BY BUILDING DEPARTMENT

SECTION 535.030:             PENALTIES

CHAPTER 525:  MECHANICAL CODE

SECTION 535.010:             ADOPTION OF UNIFORM MECHANICAL CODE

SECTION 535.020:             ENFORCEMENT BY BUILDING DEPARTMENT

SECTION 535.030:             PENALTIES

CHAPTER 530:  DEMOLITION OF SUBSTANDARD BUILDINGS

SECTION 535.010:             ADOPTION OF UNIFORM FOR THE ABATEMENT OF DANGEROUS BUILDINGSCODE

SECTION 535.020:             ENFORCEMENT BY BUILDING DEPARTMENT

SECTION 535.030:             PENALTIES

CHAPTER 535:  HOUSING REHABILITION GRANT GUIDELINES

SECTION 535.010:             PURPOSE

SECTION 535.020:             SCOPE

SECTION 535.030:             GENERAL OBJECTIVES

SECTION 535.040:             QUALIFICATIONS

SECTION 535.050:             GRANT AMOUNT

SECTION 535.060:             REPAYMENT

TITLE VI.  BUSINESS AND OCCUPATION

CHAPTER 600:  ALCOHOLIC BEVERAGES

ARTICLE I.  GENERAL PROVISIONS

SECTION 600.010:             TITLE OF LAW

SECTION 600.020:             DEFINITIONS

SECTION 600.030:             LICENSE REQUIRED

SECTION 600.040:             QUALIFICATIONS FOR LICENSES

SECTION 600.050:             PERMIT — FORM — WHEN EFFECTIVE

SECTION 600.060:             APPLICATIONS — REMITTANCE MADE TO WHOM — POWERS OF THE BOARD OF ALDERMEN

SECTION 600.070:             ANNUAL LICENSE FEES

SECTION 600.080:             PERIOD OF LICENSE — RENEWALS

SECTION 600.090:             LICENSES NON-TRANSFERABLE — EXCEPTIONS

SECTION 600.100:             SALE OF LIQUOR PROHIBITED IN CERTAIN LOCALITIES

SECTION 600.110:             PENALTY FOR EVADING LICENSE

SECTION 600.120:             SALE TO MINOR — CERTAIN OTHER PERSONS — MISDEMEANOR –  EXCEPTIONS

SECTION 600.130:             MISREPRESENTATION OF AGE BY MINOR TO OBTAIN LIQUOR

SECTION 600.140:             PURCHASE OR POSSESSION BY MINOR — A MISDEMEANOR

SECTION 600.150:             CLOSING TIMES — CLOSED PLACE DEFINED

SECTION 600.155:             SALE OF INTOXICATING LIQUOR ON SUNDAYS

SECTION 600.160:             PERSONS EIGHTEEN YEARS OF AGE OR OLDER MAY SELL OR HANDLE LIQUOR OR BEER — WHEN

SECTION 600.170:             PERMIT REQUIRED

SECTION 600.180:             ADMINISTRATION OF LAW — LICENSE SUSPENSION

SECTION 600.190:             SUSPENDED LICENSEE NOT TO ENGAGE IN LIQUOR BUSINESS — TO DISPLAY SUSPENSION ORDER — WHEN

SECTION 600.200:             HEARINGS UPON APPLICATIONS TO SUSPEND OR REVOKE LICENSES

SECTION 600.205:             LEWD BEHAVIOR PROHIBITED ON LICENSED PREMISES — PENALTY

SECTION 600.210:             RETAILERS CONDUCT ON THE PREMISES

SECTION 600.220:             ALL LICENSEES

SECTION 600.230:             VIOLATION BY AGENT OF CORPORATION — PENALTY

SECTION 600.240:             BEER LICENSE NOT TO PERMIT POSSESSION OR CONSUMPTION OF HARD LIQUOR ON PREMISES — WHEN

SECTION 600.250:             SCHEDULE OF LICENSE FEES AND LIMIT ON NUMBER

ARTICLE II.  INTOXICATING LIQUOR

SECTION 600.260:             WINDOW DISPLAY OF LIQUOR UNLAWFUL

ARTICLE III.  NON-INTOXICATING BEER

SECTION 600.270:             NON-INTOXICATING BEER — ALCOHOLIC CONTENT — PROVISIONS FOR SALE

SECTION 600.280:             NON-INTOXICATING BEER LICENSEE NOT TO SELL INTOXICATING LIQUOR OR MALT LIQUOR

SECTION 600.290:             ORIGINAL PACKAGE SHALL NOT BE BROKEN

SECTION 600.300:             CONSUMPTION ON PREMISES — HOW SOLD

SECTION 600.310:             UNLAWFUL TO KEEP OR SECRETE INTOXICATING LIQUOR ON PREMISES — UNLAWFUL SALE — PENALTIES

SECTION 600.320:             LICENSEE’S DUTY TO PREVENT INCREASE OF ALCOHOLIC CONTENT — PENALTY

SECTION 600.330:             PENALTY FOR INCREASING ALCOHOLIC CONTENT

SECTION 600.340:             SALE OF NON-INTOXICATING BEER IN ORIGINAL PACKAGE — CERTAIN VIOLATIONS — PENALTIES

ARTICLE IV.  LICENSE FOR CONSUMPTION ON THE PREMISES

SECTION 600.350:             EATING PLACES, DRINKING OF LIQUOR ON PREMISES, LICENSE REQUIRED, WHEN, HOURS — REGULATIONS — PENALTIES — EXCEPTIONS

SECTION 600.360:             CONSUMPTION OF INTOXICATING LIQUOR ON THE PREMISES — LIMIT ON NUMBER OF LICENSES

CHAPTER 605:  OCCUPATIONAL AND BUSINESS LICENSES

SECTION 605.005:             ENACTING AUTHORITY — TITLE — APPLICATION

SECTION 605.007:             DEFINITIONS

SECTION 605.010:             APPLICATIONS — FORMS — WHERE FILED

SECTION 605.020:             PAYMENT OF PERSONAL TAX OR OTHER OBLIGATIONS

SECTION 605.030:             LICENSE YEAR

SECTION 605.040:             ISSUANCE, ZONING, BUILDING CODE INSPECTIONS, COLLECTION OF FEES

SECTION 605.050:             RECORD OF LICENSES ISSUED

SECTION 605.060:             LICENSES TO BE DISPLAYED/PRODUCED

SECTION 605.070:             ISSUANCE TO TWO OR MORE PERSONS OR CORPORATIONS

SECTION 605.080:             SEPARATE LICENSE FOR EACH PLACE OF BUSINESS

SECTION 605.090:             MORE THAN ONE OCCUPATION AT SAME ADDRESS

SECTION 605.100:             EXEMPT BY STATE STATUTE

SECTION 605.110:             LICENSE FEE FOR BUSINESS, PROFESSIONS, OCCUPATIONS AND OTHER CALLINGS

SECTION 605.120:             LIQUORS

SECTION 605.130:             RESERVED

SECTION 605.140:             DELAY IN PAYMENT — PENALTY

SECTION 605.150:             DOING BUSINESS WITHOUT A LICENSE PROHIBITED

SECTION 605.160:             SUSPENSION OR REVOCATION OF LICENSE

SECTION 605.170:             PENALTY — NON-PAYMENT OF FEE — OTHER VIOLATIONS

CHAPTER 610:  PEDDLERS AND SOLICITORS

SECTION 610.010:             PERMIT REQUIRED

SECTION 610.020:             “PEDDLER” DEFINED

SECTION 610.030:             APPLICATION FOR PERMIT

SECTION 610.040:             INVESTIGATION AND ISSUANCE

SECTION 610.050:             FEES GENERALLY

SECTION 610.060:             PERMIT NON-TRANSFERABLE

SECTION 610.070:             NOT-FOR-PROFIT ORGANIZATIONS

SECTION 610.080:             USE OF STREETS

SECTION 610.090:             LOUD NOISES AND SPEAKING DEVICES

SECTION 610.100:             EXHIBITION OF PERMIT

SECTION 610.110:             REVOCATION OF LICENSE

SECTION 610.120:             NOTICE

SECTION 610.130:             APPEAL

CHAPTER 615:  PLACES OF AMUSEMENT

SECTION 615.010:             HOURS OF OPERATION

CHAPTER 620:  CIGARETTE SALES — REGULATIONS AND CONTROL

SECTION 620.010:             DEFINITIONS

SECTION 620.020:             LICENSE — TAX — REGISTRATION FEE

SECTION 620.030:             CIGARETTE VENDING MACHINE LICENSE

SECTION 620.040:             AMOUNT OF CIGARETTE TAX TO BE PAID

SECTION 620.050:             UNLAWFUL TO SELL WITHOUT OCCUPATION LICENSE AND EVIDENCE OF PAYMENT OF LICENSE TAX ON PACKAGE

SECTION 620.060:             UNLAWFUL TO SELL THROUGH UNLICENSED VENDING MACHINES OR WITHOUT EVIDENCE OF LICENSE TAX PAYMENT ON PACKAGE

SECTION 620.070:             APPLICATIONS — FORM AND CONTENT — DISPLAY OF LICENSES — EXPIRATION

SECTION 620.080:             SUSPENSION AND REVOCATION — COMPLIANCE WITH CIGARETTE LAWS

SECTION 620.090:             STAMP TO BE PLACED ON PACKAGES NOT ALREADY CONTAINING STAMPS

SECTION 620.100:             MULTIPLE INVOICES REQUIRED — STATEMENT BY MERCHANT — INSPECTION

SECTION 620.110:             SEIZURE AND SALE OF CIGARETTES UPON WHICH TAX HAS NOT BEEN PAID — PENALTY — COSTS

SECTION 620.120:             PROHIBITION OF SALE OF CIGARETTES TO MINORS

SECTION 620.130:             PENALTY

SECTION 620.140:             MANNER OF PAYMENT

SECTION 620.150:             EVIDENCE OF PAYMENT

SECTION 620.160:             SALE RESTRICTED

CHAPTER 625:  MASSAGE PARLORS

SECTION 625.010:             DEFINITIONS

SECTION 625.020:             PERMIT REQUIRED

SECTION 625.030:             FILING AND FEE PROVISION

SECTION 625.040:             APPLICATION FOR MASSAGE ESTABLISHMENT PERMIT

SECTION 625.050:             MASSEUR OR MASSEUSE PERMIT

SECTION 625.060:             APPLICATION FORM FOR MASSEUR OR MASSEUSE PERMIT

SECTION 625.070:             NOTICE OF HEARING

SECTION 625.080:             ISSUANCE OF PERMIT FOR MASSAGE ESTABLISHMENT

SECTION 625.090:             ISSUANCE OF MASSEUR OR MASSEUSE PERMIT

SECTION 625.100:             REVOCATION OR SUSPENSION OF PERMIT

SECTION 625.110:             REVOCATION OF MASSEUR OR MASSEUSE PERMIT

SECTION 625.120:             FACILITIES NECESSARY

SECTION  625.130:            OPERATING REQUIREMENTS

SECTION 625.140:             DAILY REGISTER

SECTION 625.150:             INSPECTION

SECTION 625.160:             TRANSFER OF PERMIT

SECTION 625.170:             APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES

SECTION 625.180:             TIME LIMIT FOR FILING APPLICATION FOR PERMIT

SECTION 625.190:             EXCEPTIONS

SECTION 625.200:             ENFORCEMENT

SECTION 625.210:             VIOLATION AND PENALTY

CHAPTER 630:  DECEPTIVE TRADE PRACTICES

SECTION 630.010:             DEFINITIONS

SECTION 630.020:             UNLAWFUL PRACTICES — EXCEPTION

SECTION 630.030:             DECEPTIVE BUSINESS PRACTICES

SECTION 630.040:             DECEPTIVE BUSINESS PRACTICES — DEFINITIONS

SECTION 630.050:             ODOMETER FRAUD

SECTION 630.060:             FALSE ADVERTISING

SECTION 630.070:             BAIT ADVERTISING

SECTION 630.080:             INCLUDED OFFENSES

CHAPTER 635:  GROSS RECEIPTS TAX FOR UTILITIES

SECTION 635.010:             BUSINESS LICENSE TAX ON GROSS RECEIPTS — AMOUNT

SECTION 635.020:             FRANCHISE FEE ON ELECTRIC POWER AND ENERGY COMPANIES

CHAPTER 640:  GARAGE SALES

SECTION 640.010:             DEFINITIONS

SECTION 640.020:             LIMITATIONS ON FREQUENCY OF SALES

SECTION 640.030:             GOODS NOT TO BE DISPLAYED ON PUBLIC PROPERTY

SECTION 640.040:             GOODS NOT ALLOWED FOR RESALE

SECTION 640.050:             ADVERTISING SIGNS RESTRICTED

SECTION 640.060:             PENALTY

CHAPTER 645:  CABLE TELEVISION

SECTION 645.010:             PURPOSE

SECTION 645.020:             GOVERNMENTAL ENTITY

SECTION 645.030:             POLICY GUIDELINES

SECTION 645.040:             ACCESS POLICY

SECTION 645.050:             PROCEDURES

SECTION 645.060:             EDITING POLICY

SECTION 645.070:             PROGRAMMING SCHEDULES

SECTION 645.080:             ENDORSEMENTS

SECTION 645.090:             RESOURCES

SECTION 645.100:             MISCELLANEOUS

CHAPTER 650:  PAWNBROKERS

SECTION 650.010:             DEFINITIONS

SECTION 650.020:             WEEKLY REPORT TO CHIEF OF POLICE BY PAWNBROKERS

SECTION 650.030:             REPORTS MAINTAINED A PUBLIC RECORD

SECTION 650.040:             LICENSE REQUIRED

SECTION 650.050:             DISPLAY OF LICENSE

SECTION 650.060:             ANNUAL FEE

SECTION 650.070:             REVOCATION OF LICENSE

SECTION 650.080:             VALIDITY OF EXISTING LICENSES

SECTION 650.090:             PAWNSHOP DEALER MANAGER’S PERMIT

SECTION 650.100:             ISSUANCE OF LICENSES OR PERMITS — FINDINGS

SECTION 650.110:             COMPLIANCE WITH OTHER CITY ORDINANCES REQUIRED

SECTION 650.120:             MANAGER OR OWNER ON PREMISES

SECTION 650.130:             REGISTER — REQUIREMENTS

SECTION 650.140:             RECEIPT FOR PLEDGED GOODS

SECTION 650.150:             INTEREST RATES

SECTION 650.160:             LOANS DUE AND RETURN OF COLLATERAL

SECTION 650.170:             RESTRICTIONS ON PAWNSHOP OPERATIONS

SECTION 650.180:             RECORD KEEPING

SECTION 650.190:             PENALTY

TITLE VII. UTILITIES

CHAPTER 700:  WATER AND SEWER

ARTICLE I.  GENERAL PROVISIONS

SECTION 700.010:             DEFINITIONS

ARTICLE II.  SERVICE — BILLING — RATES AND CHARGES — METERS

SECTION 700.020:             CHARGES IMPOSED FOR WATER

SECTION 700.025:             STATE ASSESSED “PRIMACY FEE”

SECTION 700.030:             TEMPORARY DISCONTINUANCE OF WATER SERVICE

SECTION 700.040:             COMBINED WATERWORKS AND SEWAGE SYSTEM RATES ARE NECESSARY

SECTION 700.045:             STATE ASSESSED “SEWER SERVICE CONNECTION FEE”

SECTION 700.050:             BILLS RENDERED WHEN

SECTION 700.060:             DELINQUENT BILLS — PENALTY

SECTION 700.070:             DISCONTINUE SERVICE

SECTION 700.080:             CONNECTIONS TO SYSTEM

SECTION 700.090:             JOINT LIABILITY

SECTION 700.100:             WATER METER REQUIRED

SECTION 700.110:             FIRE DISTRICT TO METER WATER — WHEN

SECTION 700.120:             METER DEPOSITS

SECTION 700.130:             CHARGES IMPOSED FOR BULK SALES

ARTICLE III.  USER CHARGE SYSTEM

SECTION 700.140:             USER CHARGE SYSTEM

SECTION 700.150:             USER PAYMENT SCHEDULE

SECTION 700.160:             TEMPORARY DISCONTINUANCE OF SEWER SERVICE

SECTION 700.170:             USER BILLING SCHEDULE

SECTION 700.180:             USER CHARGE SYSTEM REVIEW

ARTICLE IV.  CONNECTIONS TO SEWER SYSTEMS — PERMITS — UNLAWFUL DISCHARGES

SECTION 700.190:             UNLAWFUL DISCHARGE OF WASTES IN SEWER SYSTEM

SECTION 700.200:             CONNECTION TO SEWER SYSTEM — WHEN

SECTION 700.210:             CONNECTION TO PRIVATE SEWER SYSTEM — WHEN

SECTION 700.220:             SEWER SYSTEM PERMITS

SECTION 700.230:             TAMPERING WITH SEWER SYSTEM

SECTION 700.240:             AUTHORIZED PERSONNEL

ARTICLE V.  VIOLATIONS AND PENALTIES

SECTION 700.250:             PENALTIES

SECTIONS 700.260–700.290:   RESERVED

ARTICLE VI.  TRANSFERS IN LIEU OF A FRANCHISE FEE APPLICABLE TO CITY’S WATER UTILITY

SECTION 700.300:             DEFINITION

SECTION 700.310:             TRANSFER AMOUNT TO CITY’S PROPRIETARY FUND

SECTION 700.320:             TRANSFER IMPACT ON CUSTOMER’S WATER BILL

SECTION 700.330:             PAYMENT IN LIEU OF FRANCHISE FEE

CHAPTER 701:  LEAD BAN POLICY

SECTION 701.010:             GENERAL POLICY

SECTION 701.020:             DEFINITIONS

SECTION 701.030:             LEAD BANNED FROM DRINKING WATER PLUMBING

CHAPTER 702:  CROSS-CONNECTION CONTROL

SECTION 702.010:             CROSS-CONNECTION CONTROL — GENERAL POLICY

SECTION 702.020:             DEFINITIONS

SECTION 702.030:             CROSS-CONNECTIONS PROHIBITED

SECTION 702.035:             EMERGENCY WATER RATIONING PLAN

SECTION 702.040:             SURVEY AND INVESTIGATIONS

SECTION 702.050:             TYPE OF PROTECTION REQUIRED

SECTION 702.060:             WHERE PROTECTION IS REQUIRED

SECTION 702.070:             BACKFLOW PREVENTION ASSEMBLIES

SECTION 702.080:             INSTALLATION

SECTION 702.090:             INSPECTION AND MAINTENANCE

SECTION 702.100:             VIOLATIONS

CHAPTER 705:  SALES TAX ON RESIDENTIAL UTILITIES

SECTION 705.010:             UTILITY TAX ON SERVICES

CHAPTER 205: ANIMALS
 
ARTICLE I. DOGS AND CATS
SECTION 205.010: LICENSE
It shall be unlawful for any person to own, keep or harbor any dog or cat over six (6) months of age within the corporate limits of the City of Buckner without registering such dog or cat and paying a yearly license tax thereon, as hereinafter provided. (Ord. No. 400 §73.010, 6-3-82)
SECTION 205.020: LICENSE FEE
Any person, firm or corporation owning, keeping or harboring any dog or cat or dogs or cats over the age of six (6) months within the corporate limits of Buckner shall pay an annual license tax as follows: Two dollars ($2.00) for each male or spayed female dog or cat, and four dollars ($4.00) for each unspayed female dog or cat, provided, that any person registering and paying the license tax for a spayed female dog or cat shall at the time of registration and payment of said tax, present to the City Clerk a certificate from a licensed veterinarian showing that such dog or cat has been spayed. (Ord. No. 400 §73.020, 6-3-82)
SECTION 205.030: WHEN PAYABLE
The license tax hereinbefore provided shall be for the calendar year and shall become due on January first (1st), and each January first (1st) thereafter. (Ord. No. 400 §73.030, 6-3-82)
SECTION 205.040: NUMBER OF DOGS OR CATS LIMITED
The owning, harboring or keeping of dogs or cats over six (6) months of age in excess of a total of four (4) (any combination that adds up to a total of four (4) dogs and/or cats)of each upon any property in the City of Buckner shall be deemed a nuisance per se, provided, that the owner or keeper may secure from and at the discretion of the governing body, a permit to keep or harbor dogs or cats in excess of a total of four (4) (any combination that adds up to a total of four (4) dogs and/or cats) upon adequately showing that the premises are so situated and that special circumstances exist which would not constitute a nuisance to the neighborhood. (Ord. No. 400 §73.040, 6-3-82)
SECTION 205.050: REGISTRATION — DOG OR CAT TAG
The owner or harborer of any dog or cat over the age of six (6) months in the City shall cause such dog or cat to be registered with the City Clerk. It shall be the duty of the City Clerk, upon receipt of the license tax hereinbefore required, to keep in a book suitable for the registration of dogs or cats, the registration and the amount paid therefor and shall deliver to the owner or keeper of such dog or cat a receipt in writing, stating that such person has registered such dog or cat and the number of which he is registered, and shall also deliver to the owner or keeper of such dog or cat a metallic tag with the letters and/or registration number marked or stamped thereon; which shall be by the owner or keeper attached to the collar to be used on said dog or cat so registered. (Ord. No. 400 §73.050, 6-3-82)

SECTION 205.060: LOST TAGS
When it shall be made to appear to the City Clerk that any tag has become lost, he shall, upon presentation of the certificate, issue another tag for a fifty cent ($.50) fee. (Ord. No. 400 §73.060, 6-3-82)
SECTION 205.070: DOG OR CAT TAGS — REMOVAL OF
It shall be unlawful for any person to take off or remove the City license tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened. (Ord. No. 400 §73.070, 6-3-82)
SECTION 205.080: ANTI-RABIES VACCINATION REQUIRED
Any person making application for a license for a dog or cat shall be required to present to the City Clerk at the time of making such application a certificate issued by a licensed veterinarian showing that such dog or cat has been vaccinated with a recognized anti-rabies vaccine and showing that the vaccination so administered to such dog or cat was administered within the twelve (12) months immediately prior to the date the application is made. (Ord. No. 400 §73.080, 6-3-82)
SECTION 205.090: KEEPING AND HARBORING DEFINED
Any person who shall allow any dog or cat to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place, shall be deemed and considered as “keeping and harboring” said dog or cat within the meaning of this Article. (Ord. No. 400 §73.090, 6-3-82)
SECTION 205.100: DOGS OR CATS RUNNING AT LARGE — PROHIBITED
It shall be unlawful for any person owning, keeping or harboring any dog or cat to permit, suffer or allow said dog or cat to run at large within the City. For the purpose of this Section, any dog or cat shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large if not effectively, physically restrained on a chain or leash, or behind a suitable fence or other proper method of physical restraint from which it cannot escape. (Ord. No. 400 §73.110, 6-3-82)
SECTION 205.110: OWNER DEFINED
OWNER: The person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person. (Ord. No. 400 §73.115, 6-3-82)

SECTION 205.120: RUNNING AT LARGE — PICKUP
Wherever any dogs or cats shall be found running at large within the City limits of Buckner, such dog or cat may be taken up by the Animal Control Officer or by any other agency designated by the City of Buckner, Missouri, and such animal shall be held for a period of not less than five (5) business days, which must include at least one (1) full Saturday, at a shelter provided for such purposes, and if within said five (5) business days the owner of any animal so held shall present to the person in charge of such shelter house a reclamation deposit receipt from the City Clerk, such animal shall be delivered to the owner. If not so claimed and after notice, if possible, as below provided, the animal shall become the property of the designated agency to be disposed of in some humane manner or placed in a good home under the agency’s regulations. (Ord. No. 400 §73.120, 6-3-82; Ord. No. 528 §205.120, 2-2-95)
SECTION 205.130: NOTICE TO OWNER
Notice of pickup shall immediately be made, if possible, by the City to the owner or keeper of the dog or cat as shown by the licensing records of the City. Failure to receive such notice shall not prevent the City or its authorized agency to carry out the provisions of this Article. (Ord. No. 400 §73.130, 6-3-82)
SECTION 205.140: FEMALE DOGS OR CATS
It shall be unlawful to keep or harbor any female dog or cat within the City of Buckner during such time as she is in heat, whether or not she has a tag, unless such person shall keep such dog or cat inside the buildings located upon the owner’s premises and should the owner or keeper fail to do so, then the City may take up said female dog or cat and impound her and dispose of her unless otherwise reclaimed, in the manner as provided in Section 205.120. (Ord. No. 400 §73.140, 6-3-82)
SECTION 205.150: VICIOUS ANIMALS — PIT BULL DOGS
A. Vicious Dogs And Cats. It shall be unlawful for any person within the City to keep, own or harbor any cross or vicious dog or cat, unless such person shall keep such dog or cat securely fastened and tied or muzzled so that he cannot reach any person or animal to do damage or injury and shall keep said dog or cat in an enclosure securely fenced so that said dog or cat cannot escape therefrom; provided, that if any such vicious dog or cat is not so muzzled, fastened, tied or fenced, the City may take up the dog or cat and impound it and dispose of it, unless otherwise reclaimed, in the manner as provided in Section 205.120.

B. Keeping of Pit Bull Dogs Prohibited.
1. Prohibition–definition. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Buckner, Missouri, any pit bull dog; provided, that pit bull dogs residing in the City on the date of passage of this Section may be kept within the City subject to the standards and requirements herein set forth. “Pit bull dog” is defined to mean:
a. The bull terrier breed of dog;
b. Staffordshire bull terrier breed of dog;
c. The American pit bull terrier breed of dog;
d. The American Staffordshire terrier breed of dog;
e. Dogs of mixed breed or other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
f. Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers or a combination of any of these breeds.
2. Standards for keeping already resident pit bull dogs. Pit bull dogs residing in the City of Buckner at the time of passage of this Section may be kept by their owners within the City, subject to the following standards:
a. Registration. Pit bull dogs residing in the City at the time of passage of this Section must be registered with the City by the owners within ten (10) days of the passage of this Section.
b. Leash and muzzle. No person shall permit a pit bull dog to go outside its kennel or pen unless such a dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

c. Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
d. Confinement indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
e. Signs. All owners, keepers or harborers of pit bull dogs within the City shall within ten (10) days of the effective date of this Section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog–Pit Bull”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
f. Insurance. All owners, keepers or harborers of pit bull dogs must within ten (10) days of the effective date of this Section provide proof to the City of Buckner of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damages to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days’ written notice is first given to the City of Buckner, the City shall be named as additional insured.
g. Identification photographs. All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of the effective date of this Section provide to the Deputy City Clerk two (2) color photographs (two (2) different poses) of the animal clearly showing the color and approximate size of the animal.
h. Reporting requirements. All owners, keepers or harborers of pit bull dogs must within ten (10) days of the incident report the following information in writing to the Deputy City Clerk as required hereinafter:
(1) The removal from the City or death of a pit bull dog;
(2) The birth of offspring of a pit bull dog;
(3) The new address of a pit bull dog owner should the owner move within the corporate City limits.

i. Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog, provided that the registered owner of a pit bull dog may sell or otherwise dispose of a pit bull dog or the offspring of such dog to persons who do not reside within the City.
j. Animals born of pit bull dogs. All offspring born of pit bull dogs registered with the City must be removed from the City within six (6) weeks of the birth of such animal.
k. Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by this Article is in fact a dog subject to the requirements of this Section.
l. Failure to comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the City of Buckner to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.
C. Penalty for Violating Chapter. Any person who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and the punishment shall be that provided by the City of Buckner with respect to misdemeanors generally. (Ord. No. 400 §73.150, 6-3-82; Ord. No. 630 §1, 9-7-00)
SECTION 205.160: DOG OR CAT BITES — QUARANTINE
It shall be unlawful for the owner of any animal or any person harboring a dog or cat when notified that such animal has bitten any person or has so injured any person as to cause an abrasion of the skin, to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the City for a period of not less than fifteen (15) days after date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian. It shall be the duty of such owner or keeper upon receiving notice of the bite or injury aforesaid to immediately place such dog or cat in a licensed veterinarian hospital or kennel, where such animal shall be confined for a period of not less than ten (10) days and such owner or person keeping or harboring such dog or cat shall notify the City Clerk of the name and location of said veterinarian hospital or kennel and the date that said animal was confined. (Ord. No. 400 §73.160, 6-3-82)
SECTION 205.170: EXCESSIVE ANIMAL NOISES
No person shall own, harbor, or keep any animal which by making excessive noise disturbs a neighborhood. The following definitions and conditions shall be specially applicable to enforcement of the aforesaid prohibition of this Section:
1. The phrase “excessive noise” shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb peace of a neighbor.
2. The term “neighbor” shall mean an individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored and who does in writing state that he will testify under oath to said animal making excessive noise.
3. If a general ordinance summons is issued charging violation of this Section, a subpoena shall also be issued to the disturbed neighbor to testify in the matter. (Ord. No. 400 §73.180, 6-3-82)
SECTION 205.180: IMPOUNDING FEES
A. There shall be established the following fees relating to the pick-up, impoundment, daily care/boarding and extermination of dogs and cats:
Prices effective August 1, 1991:
Re-Claiming Fee $ 5.00
Pick-Up Fee 10.00
Daily Care/Boarding Fee 5.00
Extermination Fee 10.00
Dead Dog/Cat Pick-Up Fee 15.00
After Hours Pick-Up Fee 30.00
B. Prior to the release of an impounded dog or cat, the City Clerk shall collect all applicable fees and license fee plus a twenty-five dollar ($25.00) deposit. The twenty-five dollar ($25.00) deposit shall be refunded upon proof of compliance with Section 205.020 and 205.080.
C. Failure to exhibit proof of compliance with the said Sections within ten (10) days following release of the impounded dog or cat will result in the deposit being retained by the City as an administrative fee and subject the dog or cat to a subsequent impoundment. (Ord. No. 485 §73.190, 8-1-91)
SECTION 205.190: IMPOUNDING FEE — THIRD OFFENSE
When a dog or cat has been impounded for a third (3rd) time in any one (1) year, a fee of twenty dollars ($20.00) will be charged in addition to all fees provided in Section 205.180. (Ord. No. 400 §73.200, 6-3-82)

SECTION 205.200: NUISANCE
A dog or cat shall be considered a nuisance if it: Damages, soils, defiles or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property. (Ord. No. 400 §73.210, 6-3-82)
SECTION 205.210: POLICE DEPARTMENT, ANIMAL CONTROL OFFICER TO ENFORCE CHAPTER PROVISIONS
In addition to members of the Police Department, the Animal Control Officer of the City shall have the power to enforce the provisions of this Chapter, including, but in no way limited to, the powers to issue notice of violation of the provisions of this Chapter and, as far as permissible under the laws of the State and ordinances of the City, to enter upon private property after observing any violation of the provisions of this Chapter for the purpose of enforcement hereof. (Ord. No. 400 §73.220, 6-3-82) ARTICLE II. CRUELTY TO ANIMALS
SECTION 205.220: ANIMAL NEGLECT
A. A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control.
B. Animal neglect is a misdemeanor. All fines and penalties for a first (1st) conviction of animal neglect may be waived by the court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived. (RSMo. §578.009)
SECTION 205.230: ANIMAL ABUSE
A. A person is guilty of animal abuse when a person:
1. Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023, RSMo.;
2. Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal;
3. Abandons an animal in any place without making provisions for its adequate care;
4. Overworks or overloads an animal, or drives or works an animal unfit to work; or
5. Having ownership or custody of an animal willfully fails to provide adequate care or adequate control.
B. Animal abuse is a misdemeanor. (RSMo. §578.012)

SECTION 205.240: RESPONSIBILITY OF PARENT OR GUARDIAN OF MINOR’S ANIMAL
The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child. (RSMo. §578.014)
SECTION 205.250: ANIMAL FIGHTS PROHIBITED
No person in the City shall maintain any place where fowl or animals are suffered to fight upon exhibition or for sport or upon any wager. (CC 1979 §73.440)
SECTION 205.260: BIRD SANCTUARY
A. The entire area embraced within the corporate limits of the City be, and the same is hereby designated as a bird sanctuary.
B. It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. Provided however, if starlings or similar birds are found to be congregated in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of the City, then in such event said health authorities may approve the trapping, hunting or shooting of such birds.
SECTION 205.270: DOMESTIC FOWLS
No person or persons shall permit any geese, ducks, chickens, turkeys and all other domestic fowls, to run at large. The owner or owners, keeper or possessors of same shall keep such fowls, geese, ducks, chickens, and turkeys on the premises of such owner, keeper or possessor of same. (CC 1979 §73.470)

CHAPTER 210: OFFENSES AND PENALTIES
 
ARTICLE I. OFFENSES AGAINST PUBLIC PEACE
SECTION 210.010: PEACE DISTURBANCE
A. A person commits the offense of peace disturbance if:
1. He unreasonably and knowingly disturbs or alarms another person or persons by:
a. Loud noise; or
b. Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient; or
c. Threatening to commit an offense against any person; or
d. Fighting; or
e. Creating a noxious and offensive odor;
2. He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing;
a. Vehicular or pedestrian traffic; or
b. The free ingress or egress to or from a public or private place.
B. Peace disturbance is a misdemeanor. (RSMo. §574.010)
SECTION 210.015: DISORDERLY CONDUCT
A. A person commits the offense of disorderly conduct if, with intent to provoke a peace disturbance or whereby a peace disturbance may be occasioned, he or she:
1. Uses offensive, threatening, abusive or insulting language or conduct; or
2. Acts so as to annoy, disturb, interfere with, obstruct or be offensive to others; or
3. Causes loud and unusual noise to the annoyance or disturbance of more than one (1) person; or
4, Assembles or congregates with another or others for the purpose of causing, provoking or engaging in any fight or brawl; or
5. Engages in any brawl or fight; or
6. Appears on a public way in a state of drunkenness.
B. Any person found guilty of any provision of this Section shall be deemed guilty of a misdemeanor and shall be subject to a fine of up to five hundred dollars ($500.00) and/or to incarceration for a term not to exceed ninety (90) days. (Ord. No. 515 §210.015, 8-4-94)
SECTION 210.020: ASSAULT
A. A person commits the offense of assault if:
1. He attempts to cause or recklessly causes physical injury to another person; or
2. With criminal negligence he causes physical injury to another person by means of a deadly weapon or dangerous instrument; or
3. He purposely places another person in apprehension of immediate physical injury; or
4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
5. He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
B. When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:
1. The physical injury consented to or threatened by the conduct is not serious physical injury; or
2. The conduct and the harm are reasonably foreseeable hazards of:
a. The victim’s occupation or profession; or
b. Joint participation in a lawful athletic contest or competitive sport; or
3. The consent establishes a defense of jurisdiction.
C. Any person found guilty of a violation under Subsection (A) above shall be subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ninety (90) days. (Ord. No. 476 §75.01.003, 12-7-89)

SECTION 210.025: DOMESTIC VIOLENCE AND ABUSE
A. When a Buckner Police Officer has probable cause to believe a person has committed a violation of law amounting to abuse or assault, as defined in Section 455.010, RSMo., against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting officer. When the officer declines to make an arrest pursuant to this Subsection, the officer shall make a written report of the incident completely describing the offending person, giving the victim’s name, date, time, address, reason why no arrest was made, and any other pertinent information. Any Buckner Police Officer subsequently called to the same address within a twelve (12) hour period, who shall find probable cause to believe the same offender has again committed a violation as stated in this Subsection against the same or any other family or household member, shall arrest the offending party for this subsequent offense. The primary report of non-arrest in the preceding twelve (12) hour period may be considered as evidence of the defendant’s intent in the violation for which arrest occurred. The refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Section.
B. When a Buckner Police Officer has probable cause to believe that a person, against whom a protective order has been entered and who has notice of such order entered, has committed an act of abuse in violation of such order, the officer shall arrest the offending person-respondent whether or not the violation occurred in the presence of the arresting officer. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Section.
C. When making an arrest a Police Officer is not required to arrest both parties involved in domestic violence or an assault even if both parties claim to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party believed to be the primary physical aggressor. The term “primary physical aggressor” is defined as the most significant, rather than the first, aggressor. The Police Officer shall consider any or all of the following in determining the primary physical aggressor:
1. The intent of the law to protect victims of domestic violence from continuing abuse.
2. The comparative extent of injuries inflicted or serious threats creating fear of physical injury.
3. The history of domestic violence between the persons involved.
D. When complaints are received from two (2) or more opposing parties, the Police Officer shall evaluate each complaint separately to determine whether to make an arrest.
E. In any arrest when a Buckner Police Officer acted in good faith reliance on this Section, the arresting and assisting Police Officers, their superiors, and the Buckner Police Department shall be immune from liability in any civil action alleging false arrest, false imprisonment or malicious prosecution.

F. The Buckner Police Department shall apply the same standard of response to an alleged incident of abuse or a violation of any order of protection as applied to any like offense involving strangers, except as otherwise provided by law. The Buckner Police Department shall not assign lower priority to calls involving alleged incidents of abuse or violation of protection orders than is assigned in responding to offenses involving strangers. Existence of any of the following factors shall be interpreted as indicating a need for immediate response:
1. The caller indicates that violence is imminent or in progress; or
2. A protection order is in effect; or
3. The caller indicates that incidents of domestic violence have occurred previously between the parties.
G. Any person found to be violation of any of the provisions of this Section shall be subject to a fine of up to five hundred dollars ($500.00), or to incarceration for up to ninety (90) days, or to both such fine and incarceration. (Ord. No. 517 §§I–II, 8-4-94)
SECTION 210.030: LOITERING
It shall be unlawful to loiter in such manner as to create breach of peace, disturbance, or annoyance to comfort and repose of any person, or to obstruct free passage of pedestrians or vehicles, or to obstruct, molest, or to interfere with any person lawfully in any public place, by conduct including the making of unsolicited remarks of offensive, disgusting, or insulting nature, or which are calculated to annoy or disturb persons in whose hearing they are made. (Ord. No. 476 §75.01.005, 12-7-89)
SECTION 210.040: PLAYING IN THE STREETS
No person shall throw, kick, or knock any ball or play any games on any public thoroughfare as to cause disruption of the traffic flow. No person shall knowingly or negligently allow violation of this Section if such person is the parent or custodian of a minor who is playing in the street. (Ord. No. 476 §75.01.006, 12-7-89)
SECTION 210.050: UNLAWFUL ASSEMBLY
A person commits the offense of unlawful assembly if he knowingly assembles with six (6) or more persons and agrees with such persons to violate any of the criminal laws of this State, the United States, or of Chapter 210 of the ordinances of the City of Buckner with force or violence. (Ord. No. 476 §75.01.007, 12-7-89)
SECTION 210.060: RIOTING
A person commits the offense of rioting if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State, the United States, or of Chapter 210 of the ordinances of the City of Buckner with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence. (Ord. No. 476 §75.01.008, 12-7-89)
SECTION 210.070: REFUSAL TO DISPERSE
A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly or riot. (Ord. No. 476 §75.01.009, 12-7-89)
SECTION 210.080: SOUND AMPLIFYING EQUIPMENT PROHIBITED
This section may be cited as the “Noise Control Ordinance of the City of Buckner, Missouri and it shall apply to the control of noise and sound originating within the limits of the City of Buckner, Missouri.
A. DEFINITIONS
For the purposes of this Section, the following items have the meanings ascribed to
them as hereinafter defined, unless where otherwise expressly stated or where the
context clearly defines a different meaning. Words used in the present tense include
the future, words in the singular include the plural, and words in the plural include the
singular; the “shall” or “must” are mandatory; and the term “used for” includes the
meaning “designated for” or “intended for.” All terminology used in this section, not
defined as follows, shall be in conformance with the American National Standards
Institute (ANSI) document: American National Acoustical Terminology, ANSI SI.1
1994 or a later approved ANSI revision thereof.
B. ZONED AREA: A district that has been assigned a zoning designation of R-1, R-2,
R-3, C-1, C-2, C3, I-1, I-2 and any special use areas in accordance with Title V
Building Codes of the Buckner Code of Ordinances.
C. CONSTRUCTION: Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of public or private rights-
of-way, structures, buildings, utilities or similar property.
D. EMERGENCY: Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.

E. EMERGENCY WORK: Any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency.
F. FIREWORKS: See Chapter 225 of this Code book.
G. MOTOR VEHICLE: Every vehicle which operates on land, other than a motorcycle.
H. MOTORCYCLE: Every motor vehicle designed to travel on not more than three (3)
wheels in contact with the ground, except any such vehicle as may be included within
the term tractor as piece of farm machinery.
I. ALL TERRAIN VEHICLES: Every motor vehicle designed to travel on not more than
four (4) wheels in contact with the ground, to include ATV’s, mini ATV’s, Dune Buggies
and mini Dune Buggies.
J. MUFFLER OR SOUND DISSIPATIVE DEVICE: A device for abating the sound of
escaping gases of an internal combustion engine, or for abating sound transmitted in a
duct, chase, pipe or other opening.
K. NOISE: Any sound which annoys or disturbs a reasonable human being or which
causes or tends to cause an adverse psychological or physiological effect on humans.
L. NOISE DISTURBANCE: Any sound which:
1. Endangers or injures the safety or health of humans or animals; or
2. Annoys or disturbs a reasonable person of normal sensitivities; or
3. Endangers or injures persons or real property.
M. PERSON: Any individual, association, partnership, or corporation, and includes any
officer, employee, department, agency or instrumentality of a State or any political
subdivision of a State.
N. PUBLIC RIGHT-OF-WAY: Any street, avenue, boulevard, highway, sidewalk or alley or
similar place which is owned or controlled by a governmental entity.
O. PUBLIC SPACE: Any real property, buildings or structures thereon which are owned or
controlled by a governmental entity.
P. REAL PROPERTY BOUNDARY: An imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from that
owned by another person, but not including intra-building real property divisions.
Q. RESIDENTIAL AREA: A district that has been assigned a zoning designation in
accordance with Title V of the Building Codes for the City of Buckner, Missouri
(see Chapter 500 Building Codes and Chapter 405 Subdivision Regulations)
R. SOUND: An oscillation in pressure, particle displacement, particle velocity or other
physical parameter in a medium with internal forces that causes compression and
rarefaction of that medium, and is the objective cause of hearing. The description
of sound may include any characteristic of such sound, including duration, level and
frequency.
No person shall make, continue, or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way and fireworks set off in compliance with Chapter 225 of this Code, shall be exempt from the operation of this Section. The following acts, among others not herein listed, and the causing thereof, are declared to be in violation of this Code, but said enumeration shall not be deemed to be exclusive, namely:
1. Operating, playing, or permitting the operation or playing of any radio, television,
phonograph, drum, musical instrument, sound amplifier, or similar device which produces,
reproduces, or amplifies sound:
a. Between the hours of 10:00 P.M. and 6:00 A.M. the following day in such a manner
as to create a noise disturbance across a real property boundary (except for activities
open to the public and for which a permit or license has been issued by the City of
Buckner, Missouri).

b. In such a manner as to create a noise disturbance at fifty (50) feet (fifteen (15)
meters) from such device, when operated in or on a motor vehicle on a public right-
of-way or public space.
c. In such a manner as to create a noise disturbance to any person other than the
operator of the device, when operated by any passenger on a common carrier.
d. This Section shall not apply to non-commercial spoken language covered under
Subsection two (2) following.
2. Using or operating loudspeakers/public address systems as follows:
a. For any non-commercial purpose any loudspeaker, public address system, or similar
device between the hours of 10:00 P.M. and 6:00 A.M. the following day, such that
the sound there from creates a noise disturbance across a residential real property
boundary.
b. For any commercial purpose any loudspeaker, public address system, or similar
device;
(1) Such that the sound there from creates a noise disturbance across a real
property boundary; or
(2) Between the hours of 10:00 P.M. and 6:00 A.M. the following day on a
public right-of-way or public space.
3. Offering for sale anything by shouting or outcry within any residential or commercial area of
the City except between the hours of 8:00 A.M. and 6:00 P.M. to include Auctions.
4. Owning, possessing or harboring any animal or bird which frequently or for continued
duration, howls, barks, meows, squawks, or makes other sounds which create a noise
disturbance across a residential real property boundary.

5. Operating or permitting the operation of any tools or equipment used in construction, drilling,
or demolition work:
a. Between the hours of 10:00 P.M. and 6:00 A.M. the following day seven (7) days a
week. such that the sound there from creates a noise disturbance across a residential
real property boundary, except for emergency work of public service utilities.
b. This Section shall not apply to the use of domestic power tools, subject to Subsection
eight (8).
6. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in
such a manner as to cause a noise disturbance across a residential real property boundary.
7. Operating or permitting the operation of powered model vehicles so as to create a noise
disturbance across a residential real property boundary or in a public space between the
hours of 10:00 P.M. and 6:00 A.M. the following day.
8. Operating or permitting the operation of any mechanically powered saw, drill, sander,
grinder, lawn or garden tool, snow blower, or similar device used out doors in residential
areas between the hours of 10:00 P.M. and 6:00 A.M. the following day so as to cause a
noise disturbance across a residential real property boundary.
VIOLATION – PENALTY
Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
MANNER OF ENFORCEMENT
Violations of the Section shall be prosecuted in the same manner as other violations of the City’s Code.

INJUNCTION
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which cause discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by the Circuit Court of Jackson County, Missouri, or other courts of competent jurisdiction.
OTHER REMEDIES
No provision of this Ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of the Ordinance or from other law.
LIABILITY
No officer, agent, or employee of the City of Buckner, Missouri, shall render himself/herself personally liable for any damage that may occur to a person or property as a result of any act required or permitted in the discharge of his/her duties under this Ordinance.
SECTION 210.090: URINATING IN PUBLIC
It shall be unlawful for any person within the City to urinate in or upon any street, park, any public place open to the public or private place open to public view other than in the restroom facilities provided for such activity. (Ord. No. 476 §75.01.012, 12-7-89)
SECTION 210.100: HARASSMENT
It is unlawful for any person, for the purpose of frightening or disturbing another person:
1. Communicates in writing or by telephone a threat to commit any felony; or
2. To make a telephone call or to communicate in writing, using any coarse language offensive to one (1) of average sensibility; or
3. To make a telephone call anonymously; or
4. To make repeated telephone calls to another. (Ord. No. 476 §75.01.013, 12-7-89; RSMo. 565.090.1(1)

ARTICLE II. CONTROLLED SUBSTANCES

SECTION 210.110: DEFINITIONS
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ADMINISTER: To apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
1. A practitioner (or, in his presence, by his authorized agent); or
2. The patient or research subject at the direction and in the presence of the practitioner.
CONTROLLED SUBSTANCE: A drug, substance or immediate precursor in Schedules I through V listed in Sections 195.005 to 195.425, RSMo.
DELIVERY OR DELIVERY: The actual, constructive, or attempted transfer from one (1) person to another of drug paraphernalia or of a controlled substance, or an imitation controlled substance, whether or not there is an agency relationship, and includes a sale.
DISPENSE: To deliver a narcotic or controlled dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery. “Dispenser” means a practitioner who dispenses.
DISTRIBUTE: To deliver other than by administering or dispensing a controlled substance.
DRUG:
1. Substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them;
2. Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
3. Substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
4. Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts, or accessories.

DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of this Article. The term “drug paraphernalia” includes, but is not limited to:
1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances.
3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substances or imitation controlled substances.
4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or imitation controlled substances.
5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances.
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or imitation controlled substances.
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances.
9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances.
10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances.
11. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body.
12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Roach clips–meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand.
f. Miniature cocaine spoons, and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
In determining whether an object is “drug paraphernalia”, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use.
2. Prior convictions, if any, of an owner or of anyone in control of the object, under any State or Federal law relating to any controlled substance or imitation controlled substances.
3. The proximity of the object, in time and space, to a direct violation of this Article.
4. The proximity of the object to controlled substances or imitation controlled substances.
5. The existence of any residue of controlled substances or imitation controlled substances on the object.

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows or should reasonably know, intend to use the object to facilitate a violation of this Article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Article shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
7. Instructions, oral or written provided with the object concerning its use.
8. Descriptive materials accompanying the object which explain or depict its use.
9. National and local advertising concerning its use.
10. The manner in which the object is displayed for sale.
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning its use.
IMITATION CONTROLLED SUBSTANCE: A substance that is not a controlled substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance, In determining whether the substance is an “imitation controlled substance” the Court or authority concerned should consider, in addition to all other logically relevant factors, the following:
1. Whether the substance was approved by the Federal Food and Drug Administration for over the counter (non-prescription or non-legend) sales and was sold in the Federal Food and Drug Administration approved package, with the Federal Food and Drug Administration approved labeling information;
2. Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
3. Whether the substance is packaged in a manner normally used for illicit controlled substances;
4. Prior convictions, if any, of an owner, or anyone in control of the object, under State or Federal Law related to controlled substances or fraud;
5. The proximity of the substances to controlled substances;
6. Whether the consideration tendered in exchange for the non-controlled substance substantially exceeds the reasonable value of the substance considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell.
An imitation controlled substance does not include a non-controlled substance that was initially introduced in commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. Furthermore, an imitation controlled substance does not include a placebo or registered investigational drug either of which was manufactured, distributed, possessed or delivered in the ordinary course of professional practice or research.
IMMEDIATE PRECURSOR: A substance which:
1. The State Department of Health has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;
2. Is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
3. The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
MANUFACTURE: The production, preparation, propagation, compounding or processing of drug paraphernalia or of a controlled substance or an imitation controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. This term does not include the preparation or compounding of a controlled substance or an imitation controlled substance by an individual for his own use or the preparation, compounding, packaging or labeling of a narcotic or dangerous drug:
1. By a practitioner as an incident to his administering or dispensing of a controlled substance or an imitation controlled substance in the course of his professional practice; or
2. By a practitioner or his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis, and not for sale.

MARIJUANA: All parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
PERSON: An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
PRACTITIONER: A physician, dentist, optometrist, podiatrist, veterinarian, scientific investigator, pharmacy, hospital or other person licensed, registered or otherwise permitted by this State to distribute, dispense, conduct research with respect to or administer or to use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in this State, or a pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research.
PRODUCTION: The manufacture, planting, cultivation, growing or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance.
ULTIMATE USER: A person who lawfully possesses a controlled substance or an imitation controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.
WHOLESALER: A person who supplies drug paraphernalia or controlled substances or imitation controlled substances that he himself has not produced or prepared, on official written orders, but not on prescription. (RSMo. §195.010 (2, 7, 10, 13, 14, 16, 18, 21, 22, 25, 26, 31, 34, 35, 39, 40))
SECTION 210.120: POSSESSION OF MARIJUANA
A. The possession of thirty-five (35) grams or less of marijuana is hereby prohibited.
B. This Section shall be applicable only to the first (1st) offense of possession of the amounts of marijuana stated in Subsection (A) above.
C. Persons found guilty of violation of this Section shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment of not more than ninety (90) days or by both said fine and imprisonment.

SECTION 210.130: POSSESSION, DELIVERY OR USE OF DRUG PARAPHERNALIA
A. Prohibited Conduct. Possession, delivery or use of drug paraphernalia is hereby prohibited.
B. A person commits the offense of possession, delivery or use of drug paraphernalia if he:
1. Uses, or possesses with the 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;
2. Delivers, possesses with the intent to deliver or manufactures with an intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know that the drug paraphernalia 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;
3. Places in any newspaper, magazine, handbill or other publication any advertisement knowing or under circumstances where one should reasonably 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.
C. Any person found violating the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00), or imprisonment for a term of not more than ninety (90) days, or by both said fine and imprisonment.
SECTION 210.140: GLUE SNIFFING — UNLAWFUL — PENALTIES
A. As used in this Section, the term “model glue” shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles containing toluene, acetone, or other solvent of chemical having the property of releasing toxic vapors.
B. No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; provided however, that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
C. No person shall for the purpose of violating or aiding another to violate any provision of this Section intentionally possess, buy, sell, transfer possession, or receive possession of any model glue.

D. Except as provided in Subsection D(2) hereof and also Subsection (E), no person under eighteen (18) years of age shall possess or buy any model glue.
1. Except as provided in Subsection D(2) hereof and also Subsection (E), no person shall sell or transfer possession of any model glue to another person under eighteen (18) years of age.
2. Provided however, a person may sell or transfer possession of model glue to a person under eighteen (18) years of age for model building or other lawful use where said minor has in his possession and exhibits the written consent of his parent or guardian.
E. A person making a sale or transfer of possession of model glue to a person under eighteen (18) years of age who exhibits the written consent of his parent or guardian, shall record the name, address, sex, and age of the minor and the name and address of the consenting parent or guardian. All data required by this Subsection shall be kept in a permanent type register available for inspection by the City Health Officer, Chief of Police, and other appropriate official for a period of at least one (1) year. Such model glue shall be kept in a place within the business establishment in such a manner that the same shall not be obtained without the personal dispensing by the store owner or his agents, servants, and employees.
F. Any person other than a minor violating any of the provisions of this Section shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Persons not having obtained the age of seventeen (17) violating any of the provisions of this Section shall be dealt with in accordance with juvenile laws and procedures of the State of Missouri. (Ord. No. 476 §75.02.007, 12-7-89)

ARTICLE III. WEAPONS

SECTION 210.150: DEFINITIONS
As used in this Chapter the following words shall have the meanings set out below:
BLACKJACK: Any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use.
CONCEALABLE FIREARM: Any firearm with a barrel less than sixteen (16) inches in length, measured from the face of the bolt or standing breech.
DEFACE: To alter or destroy the manufacturer’s or importer’s serial number or any other distinguishing number or identification mark.
EXPLOSIVE WEAPON: Any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon.
FIREARM: Any weapon that is designed or adapted to expel a projectile by the action of an explosive.
FIREARM SILENCER: Any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm.
GAS GUN: Any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
INTOXICATED: Substantially impaired mental or physical capacity resulting from introduction of any substance into the body.
KNIFE: Any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this Chapter, “knife” does not include any ordinary pocket knife with no blade more than four (4) inches in length.
KNUCKLES: Any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.
MACHINE GUN: Any firearm that is capable of firing more than one (1) shot automatically, without manual reloading, by a single function of the trigger.
PROJECTILE WEAPON: Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
RIFLE: Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.
SHORT BARREL: A barrel length of less than sixteen (16) inches for a rifle and eighteen (18) inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six (26) inches.
SHOTGUN: Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger.
SPRING GUN: Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
SWITCHBLADE KNIFE: Any knife which has a blade that folds or closes into the handle or sheath, and
1. That opens automatically by pressure applied to a button or other device located on the handle; or
2. That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force. (RSMo. §571.010)
SECTION 210.160: POSSESSION — MANUFACTURE — TRANSPORT — REPAIR — SALE OF CERTAIN WEAPONS AN OFFENSE — EXCEPTIONS — PENALTIES
A. A person commits an offense if he knowingly possesses, manufactures, transports, repairs, or sells:
1. A switchblade knife;
2. A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm without a permit; or
3. Knuckles.
B. A person does not commit an offense under this Section if his conduct:
1. Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or
2. Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Subparagraph (1) of this Subsection; or
3. Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or
4. Was incident to displaying the weapon in a public museum or exhibition; or
5. Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance. No short barreled rifle, short barreled shotgun, or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an “antique firearm” as defined in Subsection 3 of Section 571.080, RSMo., or unless such firearm has been designated a “collectors item” by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a).
C. Firearms.
1. It shall be unlawful for any person to carry or possess any firearm into any building under the control of the City of Buckner or the Park and Recreation Board, when that building has been posted to prohibit possession of firearms within the building.
2. Carrying of concealed weapons.
a. No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Sections 571.101 to 571.121, RSMo., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.
b. Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the City stating that carrying of firearms is prohibited. Where the City owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.
c. This Subsection shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges or private dwellings owned, leased or controlled by the City.
d. Any person found carrying a concealed weapon in or into a City building which has been posted to prohibit the carrying of firearms will be asked to leave the building. No person shall remain within a City building after being asked to leave pursuant to this Section. Failure to leave shall be an offense punishable by a fine of not more than five hundred dollars ($500.00) or by incarceration in the City or County Jail for not more than ninety (90) days, or by both fine and incarceration.
D. Unless otherwise specified, an offense under this Section is a misdemeanor. (RSMo. §571.020; Ord. No. 710 §§1–2, 2-26-04)

SECTION 210.165: REGULATING BUILDING (S) SECURITY, SEARCHES AND EXEMPTION.
Section I General Provisions
Threats and acts of violence directed at the general public, witnesses, jurors, litigants, lawyers, court personnel, judges, city employees and elected officials demonstrate the need for additional security at the City Hall, Buckner Police Department, Buckner Municipal Court and all other City owned Buildings (hereinafter collectively referred to as the Building (s)). The Mayor, Board of Aldermen, Police Chief and Judge hereby prohibits all persons, with the exception of those specifically enumerated in section II below, from carrying or possessing firearms, weapons or destructive devices. Further, this ordinance prohibits all persons from carrying or being in possession of any other device (s) or instrument (s) that could be used or perceived to be used as a physical threat to persons, or property, in the building (s) owned by the City of Buckner. Prohibitions shall include but are not limited to pocket knives, ammunition, and fireworks, caustic or flammable liquids. To enforce this prohibition the Buckner Police Officers and any other City of Buckner personnel (hereinafter collectively referred to as the Security Detail) are empowered to stop all persons entering the building, with the exception of those persons specifically enumerated in Section II below, and condition the right of entry upon the entrant’s willingness to submit to a search of their person and/or personal effects to include purses, pocketbooks, briefcases, containers, packages, pagers, cellular phones and any other electronic device deemed necessary by the security detail. All persons refusing to submit to a search shall be denied access to the building (s). Searches shall be conducted through the least intrusive means practicable. The purpose of the search is to insure the safety of the users and occupants of the building (s). Nonetheless, discovery of illegal weapons, contraband as defined in The Missouri Criminal Code Chapter RSMO 571, RSMO § 571.010 (2) and RSMO § 571.010 (18), Unlawful use of Weapons RSMO § 571.030 (10.5) or other violations of criminal statutes will result in the immediate notification of law enforcement so that an arrest and seizure may be effectuated.
Section II Persons Exempt
A. No law enforcement officer of any department may, ninety (90) days after the effective date of this Ordinance, enter the Building (s) in possession of a firearm, unless the officer’s employing department has in place in its
Departmental Policy and Procedures Manual, a requirement and disciplinary procedures preventing its officers from entering the Building (s) in the possession of a firearm, other than in the course and scope of the officer’s official duties. Each Law Enforcement Department shall file with the Municipal Court Clerk a certified copy of such policy and procedure prior to the entry of any of its law enforcement officers to the Building (s).
B. The following shall be exempt from the prohibition against carrying firearms into the building (s):
1. All Law Enforcement Officers of Jackson County Sheriff’s Office.
2. All Law Enforcement Officers of any Jackson County Municipality.
3. All Law Enforcement Officers of the State of Missouri, whose primary
assignment is within Jackson County while engaged in their official
duties.
However, no Law Enforcement Officer may enter the Building (s) in possession of a firearm for any purpose other than in the course and scope of the officer’s official duties. At no time may any Law Enforcement Officer possess a firearm within the Building (s) when off-duty or for any private or personal purpose.
All non-uniform and/or plain clothes law enforcement officers shall be require to present his/her official identification prior to entry into the Building (s). Any officer not presenting official identification shall be prohibited from possessing a firearm within the Building (s). Further, non-uniformed and/or plain clothes law enforcement officers shall be required to securely encase and conceal their firearms from public view. All uniformed officers shall securely encase their firearms in their service holsters. This exemption only applies to Law Enforcement Officers who are entering the Building (s) to fulfill their official law enforcement duties.
C. The Security Detail shall be required to maintain a log for all non-uniform
and/or plain clothes law enforcement officers in possession of a firearm and
be required to cause all non-uniformed and/or plain clothes to register
immediately upon entry to the Building (s). The law enforcement officer’s
reason for entry to the Building (s) shall be recorded. Any Federal law enforcement officer or any law enforcement officer of a department not in
compliance with Section II (A) of this Ordinance shall immediately report to the Buckner Chief of Police or his/her designee. The Buckner Chief of Police or his/her designee may in his/her discretion allow that law enforcement officer to possess a firearm within the Building or to require the firearm to be secured in a vehicle.
D. When entering the Building (s) the following shall be exempt from the search requirement:
1. The Judge and Prosecuting Attorney for the City of Buckner.
2. All Constitutional Officers of the State of Missouri whose primary office is located within Jackson County.
3. The Court Clerk of the City of Buckner.
4. The Mayor, City Administrator and/or Board of Aldermen of the City of Buckner.
The Security Detail shall not exempt any person, who is exempt under provision II (C), unless that person is personally known to the Security Detail or, if not personally known, the person presents his/her official identification.
Section III Nonexempt Persons
No one shall be permitted to carry any weapon into the Building (s) unless the person is specifically exempted under Section II above.
All Law enforcement officers who are authorized to carry firearms as part of their official duties are prohibited from carrying a firearm into the Building (s), when the law enforcement officer is a party to the proceedings and not appearing in an official capacity.
All law enforcement officers not employed by a Law Enforcement Agency situated within Jackson County, Missouri, all State of Missouri Law Enforcement Officers not assigned to posts in Jackson County, Missouri, and any Federal Law Enforcement Officer or member of any Jackson County, Missouri of Jackson County, Missouri Municipal Law Enforcement Department which has not complied with Section II (A) of this Ordinance, shall be required to present identification and to immediately report to the Buckner Chief of Police and/or his/her designee. The Buckner Chief of Police and/or his/her designee may at his/her discretion allow that law enforcement officer to possess a firearm within the Building (s) or require said law enforcement officer to secure the firearm in their vehicle.
Prior to gaining access beyond the lobby of the Building (s), any person carrying a legally authorized firearm or other weapon shall remove the weapon from the Building (s) and secure it in their vehicle before they engage in the security check point (s).
Section IV Admission Searches
Any person desiring to enter the Building (s) shall enter through authorized entrances and shall pass through a magnetometer (hereinafter collectively referred to as the metal detector).
Any person who activates the metal detector must empty his or her pockets and pass through the device a second time. If, after the second pass through, the metal detector is again activated, the person shall be subject to a security search to identify all objects which activated the metal detector.
Prior to passing through the metal detector, any person carrying a package, briefcase, container, purse, pocketbook, pager, cellular phone or any other electronic device shall place such items in a basket and/or shall submit it to the Security Detail for visual inspection up to and including activation, if applicable.
The examiner shall not read any written material disclosed during a search.

If illegal firearms, weapons, destructive devices or contraband, as defined in The Missouri Criminal Code Chapter 571, RSMO § 571.010 (2) and RSMO § 571.010 (18) are discovered during a search, the Buckner Police Department shall be notified immediately so that an arrest and seizure might be effectuated.
Section V Law Enforcement Within the Building (s)
Any person or persons engaged in any activity which is perceived to be a threat to the safety of persons or property within the Building (s) or which disrupt the official business conducted within the Building (s), or which disrupts the official business conducted within the Building (s), or which constitutes a violation of a Missouri Statute, Jackson County, Missouri ordinance or other municipal ordinance shall be subject to ejection from the Building (s) upon order of a duly authorized law enforcement officer, Judge or Mayor of the City of Buckner.
Any person or persons failing to immediately exit the Building (s) upon order of a duly authorized law enforcement officer, Judge or Mayor of the City of Buckner pursuant to this ordinance, shall be subject to arrest.
Section VI Packages And Letters
All packages and letters entering the Building (s) shall either pass through a metal detector or be inspected. In the case of boxes of materials and supplies delivered to the Building (s), the inspection shall be to ensure that the integrity of the carton has not been compromised. If a carton appears to have been opened and resealed, the carton shall be inspected to ensure that no firearm, weapons or destructive devices have been placed in the carton.
If illegal firearms, weapons, destructive devices or contraband, as defined in The Missouri Criminal Code Chapter 571, RSMO § 571.010 (2) and RSMO § 571.010 (18), Section I of this ordinance, are discovered during a search, the Buckner Police Department shall be notified immediately so that an arrest and seizure may be effectuated.
Section VII Notice
The following notice shall be posted in a conspicuous place at all Building (s) entrances: “FOR THE PROTECTION OF THE PUBLIC, ALL PERSONS ENTERING THESE PREMISES MUST PASS THROUGH THE MAGNETOMETER (METAL DETECTOR). IF THE DETECTOR REGISTERS, THAT PERSON WILL BE SUBJECT TO A LIMITED SEARCH. ALL PACKAGES, BRIEFCASES, POCKETBOOKS OR OTHER ITEMS CARRIED BY A PERSON MUST BE OFFERED FOR INSPECTION IF SUCH PERSON WISHES TO ENTER THE BUILDING (S). ALL WEAPONS, INCLUDING LEGALLY-AUTHORIZED FIREARMS, MUST BE REMOVED FROM THE BUILDING (S) PRIOR TO GAINING ENTRY INTO THE BUILDING (S). ILLEGAL WEAPONS OR OTHER CONTRABAND DISCOVERED IN THE COURSE OF THESE SEARCH PROCEDURES WILL BE SEIZED.”

SECTION 210.170: UNLAWFUL USE OF WEAPONS — EXCEPTIONS
A. A person commits the offense of unlawful use of weapons if he knowingly:
1. Discharges or shoots a firearm without a permit; or
2. Possesses or discharges a firearm or projectile weapon while intoxicated; or
3. Discharges a firearm within one hundred (100) yards of any occupied school house, courthouse or church building without a permit; or
4. Discharges or shoots a firearm at a mark, at any object or at random on, along or across a public highway or discharges or shoots a firearm into any outbuilding without a permit; or
5. Openly carries a firearm or any other weapon readily capable of lethal use without a permit.
6. However, this Section shall not apply to 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., and those personnel meeting the requirements established by the State under Section 388.600, RSMo., for railroad Police Officers.
B. Subparagraphs (1), (3), (4) and (5) of Subsection (A) of this Section shall not apply to or affect any of the following:
1. All State, County and Municipal Law Enforcement Officers 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, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;
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;
5. Any person whose bona fide duty is to execute process, civil or criminal.
C. Subparagraphs (2) and (5) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. (RSMo. §571.030; Ord. No. 710 §3, 2-26-04)

SECTION 210.180: DEFACING FIREARM — PENALTY
A. A person commits the offense of defacing a firearm if he knowingly defaces any firearm.
B. Defacing a firearm is a misdemeanor. (RSMo. §571.045)
SECTION 210.190: POSSESSION OF DEFACED FIREARM — PENALTY
A. A person commits the offense of possession of a defaced firearm if he knowingly possesses a firearm which is defaced.
B. Possession of a defaced firearm is a misdemeanor. (RSMo. §571.050)
SECTION 210.200: UNLAWFUL TRANSFER OF WEAPONS
A person commits the offense of unlawful transfer of weapons if he:
1. Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian, or recklessly, as defined in Section 562.016, RSMo., sells, leases, loans, gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any Peace Officer or member of the Armed Forces or National Guard while performing his official duty; or
2. Recklessly, as defined in Section 562.016, RSMo., sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated. (RSMo. §571.060)
SECTION 210.210: GUN DEALERS
A. Every secondhand dealer, pawnbroker, or other person engaged in the sale, lease, exchange, or delivery of any weapons shall keep a record of each firearm purchased, sold, leased, exchanged, or delivered at retail.
1. The record required herein shall be made at the time of the transaction in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; his or her age, physical description, occupation, residence and, if residing in a municipality, the street and number where he or she resides; the make, caliber, and finish of the firearm, together with the number or serial letter thereon, if any; the date of the transaction involving such weapon; and the name of the employee or other person making such purchase, sale, lease, exchange, or delivery.

2. Every secondhand dealer, pawnbroker, or other person engaged in the sale, rental, or exchange of any weapons shall deliver monthly reports to the Chief of Police of every such purchase, sale, lease, exchange, or delivery. The report shall be on forms provided by the Chief of Police, and shall set forth the name in full, the residence, age, and physical description, and the occupation of the person to whom or from whom such gun, pistol, firearm or other dangerous or deadly weapon has been purchased, sold, leased, exchanged, or delivered.
B. Any person in violation of this Section shall be subject upon repeated violations to the revocation of his business or occupational license. (Ord. No. 476 §75.03.005, 12-7-89)
SECTION 210.220: GUNSHOT WOUNDS — PHYSICIANS, NURSES, THERAPISTS, DUTY TO REPORT, CONTENT — VIOLATION, PENALTY
A. Any person licensed under Chapter 334 or 335, RSMo., who treats a person for a wound inflicted by gunshot shall immediately report to a local Law Enforcement Official the name and address of the person, if known, and if unknown, a description of the person, together with an explanation of the nature of the wound and the circumstances under which the treatment was rendered.
B. Any person licensed under Chapter 334 or 335, RSMo., who knowingly fails to report the injuries described in this Section is guilty of the offense of medical deception.
C. Medical deception is an infraction. (RSMo. §578.350)

ARTICLE IV. INTERFERENCE WITH ADMINISTRATION OF JUSTICE
SECTION 210.230: FALSE REPORTS
A. A person commits the offense of making a false report if he knowingly:
1. Gives false information to a Law Enforcement Officer for the purpose of implicating another person in a offense;
2. Makes a false report to a Law Enforcement Officer that a offense has occurred or is about to occur; or
3. Makes a false report or causes a false report to be made to a Law Enforcement Officer, security officer, Fire Department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.
B. It is a defense to a prosecution under Subsection (A) that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon. (Ord. No. 476 §75.04.001, 12-7-89)
SECTION 210.240: FALSE IMPERSONATION
A. A person commits the offense of false impersonation if he:
1. Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts; and
a. Performs an act in that pretended capacity; or
b. Causes another to act in reliance upon his pretended official authority;
2. Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of the State of Missouri with purpose to induce another person to rely upon such representation, and
a. Performs an act in that pretended capacity; or
b. Causes another to act in reliance upon such representation.
B. No person may wear or otherwise display upon his or her person any uniform, insignia, or other device or parts thereof which indicate or tend to indicate that the wearer is a Law Enforcement Officer, possesses an official capacity, or is licensed to practice a particular profession when he, in fact, is not so licensed nor possesses such an official authority.

C. Upon arrest for a violation of Subsection (B), all uniforms or parts thereof, insignia, badges, or other identification shall be retained by the Police Department pending trial of said violation and upon conviction after the time for appeal therefrom has passed, said articles shall be destroyed in the presence of the Judge of the Municipal Court by the Police Department so as to prevent their further wrongful and unlawful use. (Ord. No. 476 §75.04.002, 12-7-89)
SECTION 210.250: RESISTING OR INTERFERING WITH ARREST
A. A person commits the offense of resisting or interfering with arrest if, knowing that a Law Enforcement Officer is making an arrest, for the purpose of preventing the Officer from effecting the arrest, he:
1. Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such Officer; or
2. Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.
B. This Section applies to arrests with or without warrants and to arrests for any offense or ordinance violation.
C. It is no defense to a prosection under Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.
D. No person shall offer, aid, or attempt to assist or aid any person in the custody of or confined under the authority of the City to escape from jail, place of confinement, or custody.
E. Resisting or interfering with arrest is a misdemeanor. (Ord. No. 476 §75.04.003, 12-7-89; RSMo. §575.150)
SECTION 210.260: ESCAPE OR ATTEMPTED ESCAPE FROM CUSTODY
A. A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any offense, he escapes or attempts to escape from custody.
B. Escape or attempted escape from custody is a misdemeanor. (RSMo. §575.200)
SECTION 210.270: FAILURE TO ASSIST THE POLICE
Any Policeman of the City is hereby authorized, whenever he deems it necessary, to call to his assistance any person or number of persons needed to aid him in making arrests; and every person who, upon being so summoned by a Policeman, shall neglect or refuse to aid in making any arrest shall be guilty of the offense of failing to assist the Police. (Ord. No. 476 §75.04.005, 12-7-89)

SECTION 210.280: TAMPERING WITH A WITNESS — TAMPERING WITH A VICTIM
A. A person commits the offense of tampering with a witness if, with the purpose to induce a witness or prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself/herself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, such person:
1. Threatens or causes harm to any person or property; or
2. Uses force, threats or deception; or
3. Offers, confers or agrees to confer any benefit direct or indirect upon such witness; or
4. Conveys any of the foregoing to another in furtherance of a conspiracy.
B. A person commits the offense of victim tampering if, with purpose to do so, he/she prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any offense or a person who is acting on behalf of any such victim from:
1. Making any report of such victimization to any Peace Officer, or State, local or Federal Law Enforcement Officer or prosecuting agency or to any Judge;
2. Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
3. Arresting or causing or seeking the arrest of any person in connection with such victimization.
C. Any person found guilty of tampering with a witness or a victim under the terms of this Section shall be subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ninety (90) days. (Ord. No. 476 §75.04.006, 12-7-89)
SECTION 210.290: DISTURBING A JUDICIAL PROCEEDING
A person commits the offense of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he 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 the 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. 476 §75.01.002, 12-7-89)

SECTION 210.295: FAILURE TO APPEAR
A. A person commits the offense of failure to appear if he or she fails to appear at the time and place scheduled after having been duly served with a summons or notice to appear at the time and place as scheduled and after having been released upon bond or upon personal recognizance.
B. It is a defense to a prosecution under Subsection (A) of this Section if the offender shows that their failure was not attributable to a failure on his or her part to make a good faith effort to appear but the defendant shall have the burden of injecting the issue of justification for such failure to appear.
C. any person who has been duly served with a summons or notice to appear and who shall fail or refuse to obey any of its terms and conditions and/or who shall fail to appear at the place and at the time fixed therein may be punished by a fine of up to five hundred dollars ($500.00) or by incarceration for not more than thirty (30) days or by both such fine and incarceration. (Ord. No. 516 §210.295, 8-4-94)
 
ARTICLE V. OFFENSES AGAINST PROPERTY
SECTION 210.300: PROPERTY DAMAGE
A person commits the offense of property damage if:
1. He/she knowingly damages property of another; or
2. He/she damages property for the purpose of defrauding an insurer. (Ord. No. 476 §75.05.001, 12-7-89)
SECTION 210.310: UNLAWFUL USE OF HANDBILLS
A. It shall be unlawful for any person, firm or corporation to throw, place, scatter, distribute or in any manner deposit upon any street, alley, sidewalk or other place in the City, any handbill, placard, poster, dodger or other notice of advertisement.
B. It shall be unlawful for any person to paste, fasten or in any manner affix to any curb or sidewalk or public street in the City any drawing, writing, handbill, placard, poster, dodger or notice of advertisement.
C. Notwithstanding the provisions of this Section, any business properly licensed under the provisions of this Code engaged in the occupation of distributing advertising materials, may distribute said materials without having obtained prior approval from any such persons so owning or in charge, custody or control of property upon which said materials are to be distributed if said advertising materials are bundled together in a container displaying the firm name, address and telephone number of the business distributing said materials; provided however, that it shall be unlawful for said business to continue to distribute said materials on property owned by, or belonging to, or in charge of another person when said person requests said business to refrain from distributing said materials; and, provided further, that said business shall not distribute said materials upon vacant or abandoned property in such fashion as to allow said materials to accumulate in violation of any other Section of this Article. (Ord. No. 476 §75.05.002, 12-7-89)
SECTION 210.320: SCATTERING RUBBISH
No person shall throw, deposit or scatter or permit to be deposited or scattered upon any sidewalk, alley, street, bridge, or public passageway, or upon private property, any waste or other material of any kind. (Ord. No. 476 §75.05.003, 12-7-89)

SECTION 210.330: TAMPERING IN THE SECOND DEGREE
A. A person commits the offense of tampering in the second (2nd) degree if he:
1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. Unlawfully rides in or upon another’s automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
3. Tampers or makes connection with property of a utility; or
4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
a. To prevent the proper measuring of electric, gas, steam or water service; or
b. To permit the diversion of any electric, gas, steam or water service.
B. In any prosecution under Subparagraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subparagraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such Subparagraph by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
C. Tampering in the second (2nd) degree is a misdemeanor. (RSMo. §569.090)
State Law Reference — As to the conditions which make this offense a felony, see RSMo. §569.090.3.
SECTION 210.340: CLAIM OF RIGHT
A person does not commit an offense of damaging, tampering with, operating, riding in or upon, or making connection with property of another if the act is done under a claim of right and that person has reasonable grounds to believe he/she has such a right. (Ord. No. 476 §75.05.006, 12-7-89)
SECTION 210.350: TRESPASS IN THE FIRST DEGREE
A. A person commits the offense of trespass in the first (1st) degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

B. A person does not commit the offense of trespass in the first (1st) degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
1. Actual communication to the actor; or
2. Posting in a manner reasonably likely to come to the attention of intruders.
C. Trespass in the first (1st) degree is a misdemeanor. (RSMo. §569.140)
SECTION 210.360: POSSESSION OF BURGLAR’S TOOLS
A person commits the offense of possession of burglar’s tools if that person 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 the commission of an offense of such character. Upon conviction under this Section, all such tools become the property of the Buckner Police Department. (Ord. No. 476 §75.05.009, 12-7-89)
SECTION 210.370: STEALING
A. A person commits the offense of stealing property if he/she appropriates services or property of another with the purpose to deprive that person thereof, either without consent or by means of deceit or coercion.
B. For purposes of this Section the following terms are defined:
APPROPRIATE: To take, obtain, use, transfer, conceal or retain possession of.
COERCION: A threat, however communicated to:
1. Commit any offense; or
2. Inflict physical injury in the future on the person threatened or another; or
3. Accuse any person of any offense; or
4. Expose any person to hatred, contempt or ridicule; or
5. Harm the credit or business repute of any person; or
6. Take or withhold action as a public servant, or to cause a public servant to take or withhold action; or
7. Inflict any other harm which would not benefit the actor.

A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.
DECEIT: Purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. the term “deceit” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.
DEPRIVE: To withhold property from the owner permanently; restore property only upon payment of reward or compensation; or to use or dispose of property in a manner that makes recovery of the property by the owner unlikely.
SERVICES: Includes transportation, telephone, electricity, gas, water, cable television services, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions or other forms of entertainment, and use of vehicles.
C. A person does not commit an offense under this Section if, at the time of the appropriation, he/she:
1. Acted in the honest belief that he/she had the right to do so; or
2. Acted in the honest belief that the owner, if present, would have consented to the appropriation. (Ord. No. 476 §75.05.010, 12-7-89; RSMo. §570.010(3)(6))
SECTION 210.380: RECEIVING STOLEN PROPERTY
A person commits the offense of receiving stolen property if for the purpose of depriving the owner of lawful interest therein, he/she receives, retains, or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. 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/she was found in possession or control of property stolen on separate occasions from two (2) or more persons.
2. That he/she received stolen property in another transaction within the year preceding the transaction charged.
3. That he/she acquired the stolen property for a consideration which he/she knew was far below its reasonable value. (Ord. No. 476 §75.05.011, 12-7-89)

SECTION 210.390: OBTAINING AND ACCEPTING TRANSPORTATION BY FALSE PRETENSES
A. It shall be unlawful for any person to obtain and accept transportation in or on any common carrier vehicle, bus, or taxicab with the intent to defraud the owner or driver thereof.
B. Proof that transportation was obtained by false pretense or false representation, or by failing or refusing to pay for such transportation on demand, or that the defendant left the vehicle without paying or offering to pay for such transportation shall be prima facia proof of the intent to defraud. (Ord. No. 476 §75.05.012, 12-7-89)
SECTION 210.400: FRAUDULENT USE OF A CREDIT DEVICE
A. A person commits the offense of fraudulent use of a credit device if that person uses a credit device for the purpose of obtaining services of property valued under one hundred fifty dollars ($150.00), knowing that:
1. The device is stolen, fictitious or forged; or
2. The device has been revoked or canceled; or
3. For any other reason his/her use of the device is unauthorized.
B. For purposes of this Section, a “credit device” means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer. (Ord. No. 476 §75.05.013, 12-7-89)
SECTION 210.410: PASSING BAD CHECKS — PENALTY
A. A person commits the offense of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee.
B. If the issuer had 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 purpose to defraud and of his 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 purpose to defraud and of his 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 address as it appears on the dishonored check or to his last known address.
E. The face amounts of any bad checks passed pursuant to one course of conduct within any ten (10) day period, may be aggregated in determining the grade of the offense.
F. Passing bad checks is a misdemeanor.
G. Additional Costs.
1. In addition to all other costs and fees allowed by law, each Prosecuting Attorney or Circuit Attorney who takes any action under the provisions of this Section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall be five dollars ($5.00) for checks of less than ten dollars ($10.00), ten dollars ($10.00) for checks of ten dollars ($10.00) but less than one hundred dollars ($100.00), and twenty-five dollars ($25.00) for checks of one hundred dollars ($100.00) or more. Notwithstanding the provisions of Sections 50.525 to 50.745, RSMo., the costs provided for in this Subsection shall be deposited by the County Treasurer into a separate interest-bearing fund to be expended by the Prosecuting Attorney or Circuit Attorney upon appropriation by the governing body of the County or City not within a County. The funds so budgeted shall be expended, upon warrants issued by the Prosecuting Attorney or Circuit Attorney directing the Treasurer to issue checks thereon, only for purposes related to that previously authorized in this Section. Any revenues that are not required for the purposes of this Section shall be placed in the General Revenue Fund of the County or City not within a County.
2. The monies deposited in the fund may be used by the Prosecuting or Circuit Attorney for office supplies, postage, books, training, office equipment, capital outlay, expenses of trial and witness preparation, additional employees for the staff of the Prosecuting or Circuit Attorney and employees’ salaries.
3. This fund may be audited by the State Auditor’s office or the appropriate auditing agency.
4. If the monies collected and deposited into this fund are not totally expended annually, then the unexpended balance shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year.
H. In all cases where a Prosecutor receives notice from the original holder that a person has violated this Section with respect to a payroll check or order, the Prosecutor, if he determines there is a violation of this Section, shall file an information or seek an indictment within sixty (60) days of such notice and may file an information or seek an indictment thereafter if the Prosecutor has failed through neglect or mistake to do so within sixty (60) days of such notice and if he determines there is sufficient evidence shall further prosecute such cases.
I. When any financial institution returns a dishonored check to the person who deposited such check, it shall be in substantially the same physical condition as when deposited, or in such condition as to provide the person who deposited the check the information required to identify the person who wrote the check. (RSMo. §570.120)

SECTION 210.420: FRAUDULENTLY STOPPING PAYMENT ON AN INSTRUMENT — PENALTIES
A. A person commits the offense of “fraudulently stopping payment of an instrument” if he, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods or services.
B. Fraudulently stopping payment of a instrument is a misdemeanor.
C. In shall be prima facie evidence of a violation of this Section, if a person stops payment on a check or draft and fails to make good the check or draft, or return or make and comply with reasonable arrangements to return the property for which the check or draft was given in the same or substantially the same condition as when received within ten (10) days after notice in writing from the payee that the check or draft has not been paid because of a stop payment order by the issuer to the drawee.
D. “Notice in writing” means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or draft or to his last known address. The notice shall contain a statement that failure to make good the check or draft within ten (10) days of receipt of the notice may subject the issuer to criminal prosecution. (RSMo. §570.125)

ARTICLE VI. OFFENSES INVOLVING MORALS AND PUBLIC POLICY

SECTION 210.430: DEFINITIONS
As used in this Article the following terms mean:
PATRONIZING PROSTITUTION: A person patronizes prostitution if:
1. Pursuant to a prior understanding, he gives something of value to another person as compensation for that person or a third (3rd) person having engaged in sexual conduct with him or with another; or
2. He gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third (3rd) person will engage in sexual conduct with him or with another; or
3. He solicits or requests another person to engage in sexual conduct with him or with another or to secure a third (3rd) person to engage in sexual conduct with him or with another, in return for something of value.
PROSTITUTION: A person commits prostitution if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third (3rd) person.
SEXUAL CONDUCT: Occurs when there is:
1. “Deviate sexual intercourse”: which means any sexual act involving the genitals of one (1) person and the mouth, hand, tongue, or anus of another person; or
2. “Sexual contact”: which means 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; or
3. “Sexual intercourse”: which means 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. (RSMo. §567.010)
SECTION 210.440: PROSTITUTION
A. A person commits the offense of prostitution if he performs an act of prostitution.
B. Prostitution is a misdemeanor. (RSMo. §567.020)

SECTION 210.450: PATRONIZING PROSTITUTION
A. A person commits the offense of patronizing prostitution if he patronizes prostitution.
B. Patronizing prostitution is a misdemeanor. (RSMo. §567.030)
SECTION 210.460: PROSTITUTION AND PATRONIZING PROSTITUTION — SEX OF PARTIES NO DEFENSE — WHEN
In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:
1. Both persons were of the same sex; or
2. The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female. (RSMo. §567.040)
SECTION 210.470: PROSTITUTION HOUSES DEEMED PUBLIC NUISANCES
A. Any room, building or other structure regularly used for sexual contact for pay as defined in Section 210.430 or any unlawful prostitution activity prohibited by this Chapter is a public nuisance.
B. The Attorney General, Circuit Attorney or Prosecuting Attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.
C. All person, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court.
D. Appeals shall be allowed from the judgment of the court as in other civil actions. (RSMo. §567.080)
SECTION 210.480: INDECENT EXPOSURE
A person commits the offense of indecent exposure if he/she knowingly exposes his/her genitals or buttocks or a female exposes her breasts or is clothed in such a manner under circumstances in which he/she knows his/her conduct will reasonably cause alarm or embarrassment to other persons. (Ord. No. 476 §75.06.006, 12-7-89)

SECTION 210.485: PUBLIC INDECENCY
A. A person who knowingly or intentionally, in a public place, to include, but not be limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, bookstores, and places of public accommodation where one or more other persons is present:
1. Engages in sexual intercourse;
2. Engages in deviate sexual conduct;
3. Appears in a state of nudity; or
4. Fondles the genitals of himself/herself or another person, commits the unlawful act of public indecency and is subject to punishment pursuant to Sections 100.200 to 100.210 of this Code.
B. “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast, with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state. (Ord. No. 504 §1, 1-7-93)
SECTION 210.490: WINDOW PEEPING
No person shall look, peer, or peep into, or loiter around or within view of any window within a building occupied as a residence of another with the intent of watching or looking through said window to observe any person undressed, or in the act of dressing or undressing. (Ord. No. 476 §75.06.007, 12-7-89)
SECTION 210.500: PALMISTRY — DECLARED UNLAWFUL
A. It shall be unlawful for any person for pay to tell or pretend to tell fortunes or reveal or attempt to reveal future events in the life of another or by means of occult or psychic powers, faculties or forces, clairvoyance, psychometry, spirit-mediumship, prophecy, astrology, palmistry, necromancy, cards, talismans charms, potions, magnetism or magnetized articles or substances, oriental mysteries or magic of any kind or nature, to undertake or pretend to find or restore lost or stolen money or property, to undertake or pretend to locate oil wells, gold or silver or other ore or metal or natural product, to undertake or pretend to restore lost love, friendship or affection, to undertake or pretend to unite, or reunite or to find lovers, husbands, wives, lost relatives or friends.
B. Penalty. Any person, or anyone acting in behalf of said person, violating any of the provisions of this Section shall be guilty of a Class B Misdemeanor, and subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ten (10) days. (Ord. No. 476 §75.06.008, 12-7-89)

SECTION 210.510: UNLAWFUL TRANSACTIONS WITH A CHILD
A. A person commits the offense of unlawful transactions with a child if:
1. Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor unless the child’s custodial parent or guardian has consented in writing to the transaction; or
2. He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in Chapter 195 of the Revised Statutes of Missouri, is maintained or conducted; or
3. He with criminal negligence sells blasting caps, bulk gun powder, or explosives to a child under the age of seventeen (17), or fireworks as defined in Section 320.110 of the Revised Statues of Missouri to a child under the age of fourteen (14), unless the child’s custodial parent or guardian has consented in person or in writing to the transaction. Criminal negligence as to the age of the child is not an element of this offense; or
4. He employs any child under the age of sixteen (16) years to labor in any smelter, mill, mine, factory, or in or about any business or employment whatever within the City during the school hours of any school day; or
5. Shall tattoo any minor under the age of eighteen (18) years unless the custodial parent, or guardian has consented in writing to such tattooing of said minor; or
6. Shall procure for any minor any article which the minor is forbidden by law to purchase. (Ord. No. 476 §75.06.009, 12-7-89)
SECTION 210.520: UNLAWFUL ACTS BY MINOR PROHIBITED
A. It shall be unlawful for any minor under the age of seventeen (17) years of age to commit any act in violation of Section 220.010.
B. It shall be unlawful for a minor to make false statements, or to furnish or present any fictitious or false registration card, identification card, or note or document, or to furnish, present or exhibit such documents issued to a person other than the one presenting the same, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift, or delivery of prohibited articles.
C. It shall be unlawful for a minor to engage or utilize the services of any other person, whether for remuneration or not, to procure for such minor any article which the minor is forbidden by law to purchase.
D. It shall be unlawful for any minor to hang onto any moving vehicle. (Ord. No. 476 §75.06.010, 12-7-89; Ord. No. 581 §1, 9-3-98)
SECTION 210.530: MOLESTING CHILDREN
Any person who, in the presence of any minor, shall indulge in any degrading, lewd, immoral, or vicious actions or practices, who shall knowingly expose his or her person to any minor in an obscene or indecent manner, who shall, by language, signs, or touching such minor, suggest or refer to an immoral, lewd, lascivious, or indecent act, who shall detain or divert any minor with the intent to perpetrate any of the aforesaid acts, or who shall sell, offer to sell, give away, or exhibit to such minor any lewd picture, moving picture, or device whatsoever, shall be considered as annoying or molesting such minor. (Ord. No. 476 §75.06.011, 12-7-89)
SECTION 210.540: ENDANGERING THE WELFARE OF A CHILD IN THE SECOND DEGREE
A. A person commits the offense of endangering the welfare of a child in the second (2nd) degree if:
1. He with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; or
2. He knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of Subsection 1 or subdivision (3) of Subsection 1 of Section 211.031, RSMo.; or
3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of subdivision (1) of Subsection 1 or paragraph (d) of subdivision (2) of Subsection 1 or subdivision (3) of Subsection 1 of Section 211.031, RSMo.; or
4. He knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.
5. While the child is under the age of sixteen (16) and subject to compulsory school attendance, from repeatedly and without justification being absent from school.
6. Any City of Buckner Police Officer shall be an ex officio school attendance officer. Any Police Officer exercising duties of ex officio school attendance officer need not refer any child apprehended pursuant to the provisions of this Section to juvenile court or a juvenile officer, but nothing in this Subsection shall be construed to limit the Police Officer’s regular powers and duties. The officer shall investigate the claims of any child for truancy. If determined to be a truant, the officer may return the child to school, their homes or a place of detention without a warrant.
B. Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he is being provided non-medical remedial treatment recognized and permitted under the laws of this State. (RSMo. §568.050; Ord. No. 726 §1, 3-3-05)
SECTION 210.545: AIDING/HARBORING A RUNAWAY
A. A person who knowingly permits or aids any child to run away from an institution under the control of the division or a dwelling belonging to a parent or legal guardian located within the City limits of Buckner or conceals the child with the intent of enabling him to elude pursuit is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law.
B. It shall be the duty of every law enforcement official and any official who is designated by the division to detain, with or without a warrant, any child who shall have run away from a facility or dwelling belonging to a parent or guardian located within the City limits of Buckner and to hold him subject to the orders of the division. (Ord. No. 737 §2, 3-2-06)
SECTION 210.550: PROMOTING OBSCENITY IN THE SECOND DEGREE
A. A person commits the offense of promoting pornography for minors or obscenity in the second (2nd) degree if, knowing its content and character, he:
1. Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or
2. Produces, presents, directs or participates in any obscene performance for pecuniary gain.
3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain.
4. Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain.
B. Promoting pornography for minors or obscenity in the second degree is a misdemeanor. (RSMo. §573.030)
State Law Reference — For circumstances which make this offense a felony, see RSMo. §573.030.2.
SECTION 210.560: FURNISHING PORNOGRAPHIC MATERIALS TO MINORS
A person commits the offense of furnishing pornographic material to minors if, knowing its contents and character, he:
1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
2. Produces, presents, directs or participates in any performance pornographic for minors which is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance. (Ord. No. 476 §75.06.014, 12-7-89)
SECTION 210.570: EVIDENCE IN PORNOGRAPHY CASES
A. In any prosecution under this Article, evidence shall be admissible to show:
1. What the predominant appeal of the material or performance would be for ordinary adults or minors;
2. Literary, artistic, political or scientific value of the material or performance;
3. The degree of public acceptance in the City of Buckner;
4. The appeal to prurient interest in advertising or other promotion of the material or performance;
5. The purpose of the author, creator, promoter, furnisher or publisher of the material or the performance.
B. Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering into the determination of the issues of obscenity or child pornography shall be admissible. (Ord. No. 476 §75.06.015, 12-7-89)
SECTION 210.580: PUBLIC DISPLAY OF EXPLICIT SEXUAL MATERIAL
A person commits the offense of public display of explicit sexual material if he knowingly:
1. Displays publicly explicit sexual material; or
2. Fails to take prompt action to remove such a display from property in his possession after learning of its existence. (Ord. No. 476 §75.06.016, 12-7-89)
SECTION 210.590: DEFINITIONS
As used in this Article the following terms shall have these prescribed meanings:
CHILD PORNOGRAPHY: Any material or performance depicting sexual conduct, sexual contact, or a sexual performance as these terms are defined in RSMo. Section 556.061, and which has as one of its participants or portrays as an observer of such conduct, contact, or performance a child under the age of eighteen (18); provided that it shall not include material which is not the visual reproduction of a live event.

DISPLAYS PUBLICLY: Exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others or from any portion of the person’s store, or the exhibitor’s store or property when items and material other than this material are offered for sale or rent to the public.
EXPLICIT SEXUAL MATERIAL: Any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
FURNISH: To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
MATERIAL: Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recordings or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. “Material” includes undeveloped photographs, molds, printing plates and other latent representational objects.
MINOR: Any person under the age of eighteen (18).
NUDITY: The showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering.
OBSCENE: Any material or performance is obscene if:
1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
2. Taken as a whole with the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
3. Taken as a whole, it lacks serious literary, artistic, political or scientific value.
PERFORMANCE: Any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more.
PORNOGRAPHIC FOR MINORS: Any material or performance is pornographic for minors if the following apply:
1. The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and
2. The material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
3. The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
PROMOTE: To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
SADOMASOCHISTIC ABUSE: Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT: Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal.
WHOLESALE PROMOTE: To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purposes of resale or redistribution. (RSMo. §573.010)

ARTICLE VII. OFFENSES AND PENALTIES IN GENERAL
SECTION 210.600: PENALTIES
Any person found guilty of a violation of this Chapter of the City Code shall be subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ninety (90) days. (Ord. No. 476 §75.07.001, 12-7-89)
SECTION 210.610: ATTEMPTS TO COMMIT AN ORDINANCE VIOLATION
A. A person is guilty of an attempt to commit an ordinance violation when with the purpose of committing the offense, that person does any act which is a substantial step towards the commission of the offense.
B. It is no defense to a prosecution under this Section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be. (Ord. No. 476 §75.07.002, 12-7-89)
SECTION 210.620: AIDING IN THE COMMISSION OF AN ORDINANCE VIOLATION
A person is guilty in aiding in the commission of an ordinance violation or infraction when he or she knowingly counsels, abets, or aids another in the commission of an ordinance violation. (Ord. No. 476 §75.07.003, 12-7-89)

CHAPTER 215: NUISANCES
 
ARTICLE I. GENERAL PROVISIONS
SECTION 215.010: NUISANCES PROHIBITED
A. No person shall permit, cause, keep, maintain or do any nuisance, as defined by the laws of the State or ordinances of the City.
B. No owner, occupant or person in charge of any house, building, business building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premises. (Ord. No. 422 §74.010, 5-3-84)
SECTION 215.020: AUTHORITY OF CHIEF OF POLICE OR HIS DESIGNEE
The Chief of Police is hereby authorized to enforce the provisions of Chapter 215. (Ord. No. 422 §74.020, 5-3-84; Ord. No. 622 §1, 8-3-00)
SECTION 215.030: ENUMERATION
The following are hereby deemed and declared to be nuisances:
1. Substances emitting noxious odors. All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluvia in the neighborhood where they exist.
2. Carcasses of animals. All carcasses of animals remaining exposed one (1) hour after death.
3. Hides. All green or salted hides left or deposited in any open place.
4. Slaughterhouses, pens in offensive condition. All slaughterhouses or pens inside the City which are kept in such a condition as to be offensive, annoying, or disagreeable to anyone.
5. Establishments emitting noxious odors, etc. Establishments emitting or causing an offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
6. Liquid refuse. All slop, foul or dirty water, liquid, or beer washings, all filth, refuse or offal, discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure or any pond or pool of water.
7. Vegetables emitting noxious odor. All vegetables or other articles that emit or cause an offensive, noxious or disagreeable smell or odor.
8. Matters causing injury, inconvenience or annoyance to public. All articles of things whatsoever caused, kept, maintained or permitted by any person, to the injury, inconvenience or annoyance of the public.
9. Acts injuring, annoying or inconveniencing the public. All pursuits followed or engaged in, or acts done by any person to the injury, annoyance or inconvenience of the public.
10. Advertising devices over streets. All hanging signs, ropes, network or other advertising devices stretched over to cross any street or sidewalk.
11. Litter, trash, refuse or debris on public or private property. All ashes, cinders, slops, filth, excrement, sawdust, stones, shingles, lumber, sheetrock, tarpaper, concrete, pipes, wire, plywood, building materials, rocks, dirt, straw, soot, sticks, shavings, eggshells, oyster shells, or cans, dust, branches, limbs, fallen trees, brush, logs, paper, trash, rubbish, manure, refuse, wastewater, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or any other offensive or disagreeable substance or thing thrown, left, deposited, or buried or caused to be left, thrown, deposited, or buried by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, stream or waterway, or pond or pool of water.
12. Wrecked, damaged or demolished or disabled vehicles.
a. Any wrecked, damaged, demolished or disabled vehicle or portion thereof left or permitted to remain upon any property which is accessible to children for a period in excess of thirty (30) days, and which may be an attractive nuisance to children and constitute a danger to such children;
b. Or where weeds, grass and other vegetation is allowed to grow in or around such vehicle;
c. Or where such vehicle, or portion or part thereof, may create a fire hazard;
d. Or where such vehicle, or such portion or part thereof, may afford a harborage place or breeding place for mosquitoes, flies, rodents, rats and other vermin.
e. The term “vehicle” as used in this Subsection shall mean any vehicle designed to travel along and over the ground by use of wheels, treads, runners or slides and transport persons or property and shall include, without limitation, automobiles, trucks, motor vehicles, tractors, wagons, buggies, bicycles, or any part of portion thereof.
1) This provision shall not apply to a business which is duly licensed by the City of Buckner to hold vehicles for sale in the regular course of business;
2) This provision shall not apply to vehicles held for restoration or rebuilding provided that the owner has obtained a “vehicle restoration permit” from the City. Said permit shall be for a period of one (1) year and only one (1) permit may be issued for each business or residence at a time.

f. Issuance of a “Vehicle Restoration Permit” shall be contingent upon agreement by the owner to comply with the following conditions or requirements:
1) Vehicle which is undergoing restoration or rebuilding, shall be housed inside a building set aside for this purpose.
2) All parts involved in the restoration, or rebuilding, process shall be kept, or stored inside the same building referred to in Subparagraph 1).
13. Parking of motor vehicles in yard of residence.
a. In areas of Buckner, Missouri, zoned District “R-1″, inclusive, parking spaces shall be provided in side or rear yards, except that a parking space may be provided in a front yard if the parking space is set back at least twenty (20) feet from the front property line. A “parking space” as used in this Subsection is an area on a lot sufficient in size to store one (1) automobile (not less than eight and one-half (8½) feet wide and twenty (20) feet in length) connected to a public street or alley by a driveway not less than eight (8) feet wide. The portion of the parking space and connecting driveway upon which the wheels of a vehicle travel shall be surfaced with a permanent all-weather surfacing (Concrete, Asphalt or Gravel). Concrete and Asphalt shall be required to conform to the APWA requirements, Gravel shall be as wide as the widest object to be placed on the parking area, as long as the object to be placed on the parking area to include the length of the hitch of any type of trailer and the gravel shall be two (2) inches deep for the entire parking area.
b. It shall be unlawful for any person to place, park or store, or cause or permit to be placed, parked or stored, machinery, vehicles or motorized equipment of any type, or parts thereof, not in operating condition, upon a residential premises for longer than thirty (30) days.
c. It shall be unlawful for any person to service or repair upon residential premises, or upon adjacent public right of way, motorized vehicles or any type which are not the property of the owner, lessee or tenant of such residential premises.
d. Motor vehicles shall not be parked in driveways or sidewalks on public right of ways.
e. A “motor vehicle” as used in this Subsection is defined as any powered vehicle designed for principal use upon public streets or roadways.

14. The following are also declared to constitute a nuisance:
a. Any motor vehicle, recreational vehicle or trailer that requires a State license without a State license plate that is current and that is parked, stored or otherwise located on any premises within a residentially zoned district or lots otherwise used for residential purposes, other than within a private garage, unless the vehicle is not required to have current State license plates under State law. Any motor vehicle, recreational vehicle or trailer that requires a State license with a State license plate that has been expired less than one (1) month shall be excepted from this Subsection. (Ord. No. 422 §74.030, 5-3-84; Ord. No. 573 §1, 6-4-98; Ord. No. 635 §1, 2-1-01)
15. Any growth of weeds, grasses or bushes to a greater height than twelve (12) inches; provided that this shall not apply to planted and cultivated flowers, shrubbery or other landscaping.
SECTION 215.040: BURNING PROHIBITED
No person shall burn upon his premises or upon any street, sidewalk or any other place within the City any animal or vegetable waste or other matter without a Missouri Department of Natural Resources burning permit. (Ord. No. 422 §74.040, 5-3-84; Ord. No. 694 §§1–2, 2-6-03)
SECTION 215.050: CERTAIN BUSINESSES NEAR RESIDENCES
A. No business or enterprise, the conduct of which causes or produces any noises, vibrations, smoke, dirt, dust, odors or gases to such extent as to be detrimental or injurious to the comfort, peace or health of other persons, shall hereafter be located and conducted within one hundred fifty (150) feet of any building used exclusively for residence purposes at the time of the location of such business or enterprises; nor shall any building be erected or constructed for the purpose of conducting any business or enterprise therein at a place where the conduct of such business or enterprise shall be unlawful under the terms of this Section.
B. No permit shall be issued for the erection of any building intended to be used for the purpose of conducting any businesses or enterprise to be located at a place where the conduct of such business or enterprise shall be unlawful under the terms of this Section.(Ord. No. 422 §74.050, 5-3-84)
SECTION 215.060: COLLECTION, USE OF PUTRID FAT, OTHER MATTER
No soap boiler, butcher, tallow chandler or meat-packer shall keep, collect or use or cause to allow to be kept, collected or used, any stale, putrid of unsound fact, grease, meat, entrails or other matter, or render of fly out the same, unless done in such a manner that no offensive, disagreeable or noxious smell or odor shall arise therefrom. (Ord. No. 422 §74.060, 5-3-84)

SECTION 215.070: DECAYED FOOD, REFUSE, OTHER SUBSTANCES ON PRIVATE PREMISES
No person shall suffer or allow any putrid or unwholesome meats or fish, decayed fruits or vegetables, refuse, offal, excrement, chamber lye or other filthy or offensive substance of thing to be or remain in or upon any house, building, lot or premises owned or occupied by him or under his charge or control. (Ord. No. 422 §74.070, 5-3-84)
SECTION 215.080: FOUL LIQUIDS OR SUBSTANCES
No person or business shall discharge out of or from any stillhouse, tannery, brewery, manufactory, shop packing-house, barn, stable, meat shop or other place of business, any foul, disagreeable or nauseous liquids or substances of any kind whatsoever, into any pond, pool or adjoining ground, or into or upon any street, sidewalk, park, public square or other public place.
SECTION 215.090: RENDERING ANIMAL, VEGETABLE PRODUCTS
The rendering, heating or steaming of any animal or vegetable product or substance creating or generating noxious, disagreeable unwholesome smells, odors or gaseous vapors, shall be done and conducted in steam-tight kettles, tanks or boilers, and such method adopted as shall entirely condense, decompose, deodorize and destroy such smells, odors and vapors. (Ord. No. 422 §74.090, 5-3-84)
SECTION 215.100: STRUCTURES OBSTRUCTING WATERCOURSES
Any building, erection or structure which in any way interferes with or impedes the flow of water in any natural watercourse or living stream is hereby declared to be a nuisance, and the same shall be removed and abated by the City; provided that notice shall first be given to the owner of the agent, or the occupants of such building by the Building Code Engineer that such structure interferes with and impedes the flow of the water in such stream or watercourse, and the same shall be removed or altered within thirty (30) days from the date of service of such notice. Such notice shall be in writing and shall be served by the Building Code Engineer or one (1) of the assistants or deputies, by delivering a copy thereof to the person to be notified. (Ord. No. 422 §74.100, 5-3-84)
SECTION 215.110: ABATEMENT AND ENFORCEMENT — NOTICE — HEARING REQUESTED
Whenever the Chief of Police or his designee shall have determined that a nuisance exists on any tract of private property within the City, he shall notify the owner thereof, by personal service or certified or registered mail addressed to such owner at his last known address, or by posting such notice on the premises, of the nature of such nuisance, and that same constitutes a nuisance upon such property, and that a hearing will be held ten (10) days thereafter. Following such hearing, if the evidence supports the finding that a nuisance exists, the Chief of Police may declare the condition to be a nuisance and order same to be abated within five (5) days.

SECTION 215.120: ABATEMENT OF NUISANCE DETERMINED TO BE IMMEDIATE DANGER TO PUBLIC
The Chief of Police or his designee as defined in Section 215.020 is hereby authorized to investigate any complaint of a nuisance and if such nuisance is determined to be injurious to the immediate safety, health or welfare of the public, said Chief of Police or his designee may verbally notify the owner maintaining such nuisance to abate immediately the said nuisance. Upon failure to abate, such owner(s) maintaining the said nuisance may be subject to issuance of general ordinance summons for which such owner(s) may be prosecuted in Municipal Court subject to penalties of Section 215.180. (Ord. No. 622 §3, 8-3-00)
SECTION 215.130: ABATEMENT AND ENFORCEMENT — OWNER, DEFINITION
The term “owner” shall include the real and actual owner of the fee title, the life tenant, occupant, tenant, lessee, tenant at will, tenant at sufferance, person in lawful possession, adverse possessor, and any other person, firm partnership, corporation or association asserting or having any right, title or interest in any lot, tract or parcel of land in the City. The land records filed in the office of the Recorder of Deeds of the County within which any such lot, tract or parcel of land shall be located, and any other official record of such County or of the City, may be used to determine the identity of such owners, as hereinbefore defined, as of any given date. (Ord. No. 422 §74.120, 5-3-84)
SECTION 215.140 FAILURE TO COMPLY WITH NOTICE TO ABATE NUISANCE
In the event that such nuisance shall not have been abated within the respective period specified herein, then the Chief of Police or his designee may enter upon said premises and cause such nuisance to be abated forthwith by any appropriate means and the costs of such abatement may be specifically assessed and constitute a lien against the property from which abated.
SECTION 215.150: ABATEMENT AND SPECIAL ASSESSMENT
Upon causing abatement of any such nuisance as aforesaid, the Chief of Police or his designee shall determine the costs of such abatement, including as a portion thereof the reasonable costs of administering the provisions of this Chapter with respect to the property affected, such administrative costs not to exceed the sum of five hundred dollars ($500.00), and shall certify a statement of such costs, describing the real property upon which such abatement was accomplished, to the City Clerk as a special assessment upon such real property. Upon receipt of such certification, the City Clerk shall immediately enter such costs as a special assessment against such property. Each such special assessment shall constitute a lien upon the real property described thereon and shall be payable in accordance with Jackson County tax billing. Provided however, that in any case where the costs of abatement shall have been assessed as additional costs in a Municipal Court action as hereinafter provided, and such cost judgment shall have been satisfied, the special assessment pertaining thereto shall be canceled, and the record satisfied in the office of the City Clerk. (Ord. No. 622 §5, 8-3-00)

SECTION 215.160: ABATEMENT AND ENFORCEMENT — COMPLAINT IN MUNICIPAL COURT — ASSESSMENT OF ADDITIONAL COSTS
Whenever any such owner shall be found guilty of a violation of the provisions of this Chapter in a proceeding instituted in the Municipal Court on complaint of the Chief of Police or his designee as hereinbefore provided, the court shall assess therein as additional costs any unpaid costs which may have been incurred in the abatement of such a nuisance by the Chief of Police or his designee including a reasonable sum not to exceed five hundred dollars ($500.00) for the costs of administering the provisions of this Chapter. (Ord. No. 422 §74.150, 5-3-84; Ord. No. 622 §6, 8-3-00; Ord. No. 693 §1, 1-2-03)
SECTION 215.170: ABATEMENT AND ENFORCEMENT — ENTRY
The Chief of Police or his designee may enter the premises upon which such nuisance is situated for the purpose of abating same, with or without the consent of the owner thereof, without being guilty of trespass. (Ord. No. 422 §74.160, 5-3-84; Ord. No. 622 §7, 8-3-00)
SECTION 215.180: ENFORCEMENT — PENALTIES
Any owner, lessee or occupant or any agent of any such owner, lessee or occupant having control of any lot of ground or any part of any lot who shall allow or maintain on any such lot a nuisance as defined in this Chapter 215 shall be deemed guilty of a misdemeanor. The Chief of Police or his designee may cause a complaint to be filed against such owner in Municipal Court for violation of provisions of this Chapter at any time. The violation of this provision shall be punished by a fine not exceeding five hundred dollars ($500.00) or such imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day any violation of this provision shall continue shall constitute a separate punishable offense without necessity of further notices.
SECTION 215.190: HAZARDOUS TREES
A tree which constitutes a hazard to the safety of persons or of property, private or public, is hereby declared to be a nuisance and the Chief of Police or his designee may enter at all reasonable times upon any privately owned property for purposes of inspection and investigation of any tree which may be in hazardous condition. Whenever a written statement is filed with the Chief of Police or his designee based on inspection and investigation evidencing that trees upon private property within the City constitute a hazard to the safety of persons or of property, private or public, the Chief of Police or his designee shall proceed to abate in the manner provided by Sections 215.110 through 215.160, inclusive, of this Chapter. (Ord. No. 422 §74.190, 5-3-84; Ord. No. 622 §8, 8-3-00)

ARTICLE II. WEEDS AND VEGETATION

SECTION 215.200: WEEDS AND NOXIOUS PLANTS — DEFINITIONS
The following terms, as used in this Article unless the context specifically indicates otherwise, are defined as follows:
CHIEF OF POLICE: The Chief of Police or his authorized subordinate representative.
HEALTH OFFICER: The Health Officer of Jackson County or his authorized subordinate representative.
NOXIOUS PLANTS: Any plant capable of poisoning, including, but not limited to, poison ivy, at any height or state of maturity.
OCCUPANT: Any person who has a legal or equitable interest in a parcel of real property other than a fee interest, including a life tenant, tenant, lessee, tenant at will, tenant at sufferance, or adverse possessor, as well as a person in possession or a person who has charge, care or control of the parcel of real property as the agent or personal representative of the person(s) holding legal title to a fee interest.
OWNER: Any person who alone or jointly or severally with others shall have legal title to a fee interest in the parcel of real property, with or without accompanying actual possession thereof. The land records filed in the office of the Recorder of Deeds of the County within which the parcel of real property is located, and any other official record of each County or of the City, may be used to determine the identity of such owners, as hereinabove defined, as of the date of the notice of the violation.
PERSON: Includes any individual, firm, corporation, association, partnership, cooperative or governmental agency.
RANK WEEDS: All vegetation twelve (12) inches or more in height which may emit unpleasant or noxious odors or transmit pollen into the air at any state of maturity; all vegetation, regardless of height, including thickets, which may conceal or invite filthy deposits, harbor rodents, refuse or vermin, create a fire hazard, or present a blighting effect on the neighborhood.
THICKETS: Dense growth of wild shrubbery having stems or trunks less than one (1) inch in diameter and briar patches. (Ord. No. 422 §74.200, 5-3-84; Ord. No. 622 §9, 8-3-00)
SECTION 215.210: NUISANCE DECLARED
Rank weeds and noxious plants, as herein defined, which are allowed to stand at any season of the year on any lot, track or parcel of land, or unpaved alley, or along the sidewalk, street or paved alley adjacent to such lot, tract or parcel of land are hereby declared to constitute a nuisance. This Article shall not apply to land zoned or used for agricultural use which is more than one hundred fifty (150) feet distant from any occupied residential subdivision lot, tract or parcel of land. (Ord. No. 422 §74.210, 5-3-84)

SECTION 215.220: RANK WEEDS PROHIBITED — REMOVAL REQUIRED
It shall be unlawful for the owner and/or occupant of any real property to allow rank weeds or noxious plants, as defined herein, to grow or stand upon such premises. It shall be the duty of such owner and/or occupant to immediately cut, remove or destroy any and all weeds and noxious plants on such premises. Failure, neglect or refusal of an owner and/or occupant to so abate shall constitute a violation of this Article punishable by a fine of not more than five hundred dollars ($500.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. (Ord. No. 422 §74.220, 5-3-84)
SECTION 215.230: NOTICE AND ORDER
Whenever the Chief of Police or his designee shall determine that rank weeds or noxious plants exist on a parcel of real property in violation of this Article, he shall notify the owner and/or occupant of such fact. This notice shall:
1. Be in writing;
2. Set forth the alleged violation of this Article;
3. Describe the parcel of real property where the violations are alleged to exist or to have been committed;
4. Set the date, time and location of a hearing to be held not less than four (4) days from the date such notice is mailed, posted or served;
5. Advise that if the rank weeds or noxious plants are not cut down and removed, the Chief of Police or his designee will order the rank weeds or noxious plants to be cut down and removed, with the costs thereof being specially assessed against the property; and
6. Be served upon the owner and/or occupant of the premises by either delivery of a copy of the notice to them personally or by leaving such a copy at their usual place of abode with a member of a family over the age of fifteen (15) years or by United States mail addressed to the owner and/or occupant or any agent authorized to receive service of process on behalf of the owner or occupant. If one (1) or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice on the parcel of real property described in the notice and by causing such notice to be published in a newspaper of general circulation. (Ord. No. 422 §74.230, 5-3-84; Ord. No. 622 §10, 8-3-00)
SECTION 215.240: ABATEMENT
Upon such hearing prescribed in Sections 215.110 through 215.160, the Chief of Police or his designee may declare the weeds to be a nuisance and order such nuisance abated by the owner and/or occupant within five (5) days. If the owner and/or occupant fails to cut down and remove such rank or noxious plants as ordered, the Chief of Police or his designee may proceed to have the same cut down. (Ord. No. 422 §74.240, 5-3-84; Ord. No. 622 §11, 8-3-00)
SECTION 215.250: ENTRY TO ABATE
The Chief of Police or his designee may enter the premises upon which such nuisance is situated for the purpose of abating the same, with or without the consent of the owner thereof, without being deemed to have committed a trespass. This limited right of entry shall extend to any person hired by the Chief of Police or his designee to abate such nuisance. (Ord. No. 422 §74.250, 5-3-84; Ord. No. 622 §12, 8-3-00)
SECTION 215.260: SPECIAL ASSESSMENT
Upon causing abatement of any nuisance as set out above, the Chief of Police or his designee shall determine the costs of such abatement, including as a portion thereof an administrative fee of twenty-five dollars ($25.00), with respect to the property affected and shall determine whether proper service was made on the owner(s). Upon determining that proper service was made on the owner(s), the Chief of Police or his designee shall certify a statement of such service and of such costs, with a description of the real property upon which such abatement was accomplished, to the City Clerk as a special assessment upon such real property. The City Clerk shall enter such costs as a special assessment against the real property on tax bill, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special assessment shall constitute a lien upon the real property described thereon and shall be payable as due in accordance with Jackson County tax billing and bear interest at the rate of eight percent (8%) per annum. (Ord. No. 622 §13, 8-3-00)
SECTION 215.270: COMPLAINT IN MUNICIPAL COURT — ASSESSMENT OF ADDITIONAL COSTS
Whenever any owner and/or occupant shall be found guilty of a violation of the provisions of this Section in a proceeding instituted in the Municipal Division of the Jackson County Circuit Court, and the court finds that the Chief of Police or his designee has caused the nuisance to be abated, the court shall assess therein as additional costs a sum of twelve dollars ($12.00) to be assessed in addition to service costs, witness fees and jail costs otherwise authorized to be assessed. (Ord. No. 422 §74.270, 5-3-84; Ord. No. 622 §14, 8-3-00)
SECTION 215.280: PENALTIES
A. Any person convicted of a violation of this Article shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.
B. Each day on which any nuisance, as defined herein, shall remain in any premises after the duty of the owner and/or occupant thereof arises to remove or abate same shall constitute a separate offense, for which the owner and/or occupant thereof may be arrested, tried, convicted and punished separately, without necessity of further notices. (Ord. No. 422 §74.280, 5-3-84)

ARTICLE III. LITTERING

SECTION 215.290: LITTERING DEFINED
For the purpose of this Article “litter” shall mean all ashes, cinders, slops, filth, excrement, boards, sawdust, wood or metal shavings, rubber, old tires, stones, rocks, sand, oil, coal oil, gasoline, paint, dirt, dust, straw, soot, sticks, lumber scraps, boxes, barrels, kegs, crates, cans, bottles, cartons, paper, trash, leavings, sweepings, rubbish, refuse, debris, slag, garbage, manure, offal, putrid fish, meat, entrails, decayed fruits or vegetables, wastewater, animal or vegetable products or matter, broken ware, broken glass, rags, bones, old iron, tacks, nails, wire, appliances or other metal, furniture designed for interior use, grass, leaves, weeds, foliage or shrub cuttings or clippings, old wearing apparel, all dead animals or any other offensive or disagreeable substance or thing thrown, cast, dropped, blown, spilled, poured, discharged, swept, left, or deposited by anyone in or upon any curb, gutter, street, alley, boulevard, highway, right of way, viaduct, tunnel, sidewalk, park, parkway, public square, public building, vacant or occupied lot, vacant building, unenclosed areas of vacant or occupied buildings, or pond, stream or pool of water. (Ord. No. 422 §74.290, 5-3-84)
SECTION 215.300: LITTERING PROHIBITED
No person shall sweep, throw, cast or otherwise place or deposit litter, or direct, suffer or permit any servant, employee, agent or other person under his control to sweep, throw, cast or otherwise place or deposit litter of any kind whatsoever, in or upon any curb, gutter, street, alley, boulevard, highway, right of way, viaduct, tunnel, sidewalk, park, parkway, public square, public building, vacant or occupied lot, vacant building, unenclosed areas of vacant or occupied buildings, or pond, stream, or pool of waters. (Ord. No. 422 §74.300, 5-3-84)
SECTION 215.310: RESERVED
Editor’s Note–Ord. no. 734 §1, adopted July 7, 2005, repealed section 215.310 “removal of dirt or litter from sidewalk, curbing, guttering” in its entirety. Former section 215.310 derived from ord. no. 422 §74.310, 5-3-84.
SECTION 215.320: DIRT, RUBBISH, LITTER FROM ABUTTING PROPERTY
No owner, occupant or agent of any land abutting upon any sidewalk, street, alley, boulevard, park or parkway of the City shall allow the earth or any rubbish or litter from said land to fall, blow, or wash upon any part of said sidewalk, street, alley, boulevard, park or parkway. (Ord. No. 422 §74.320, 5-3-84)
SECTION 215.330: CARE OF TRASH ON PRIVATE PROPERTY
No persons shall place or permit to be placed upon his property any trash, litter or rubbish without placing the same in containers or securely covering the same so that it cannot be blown or washed upon any street or other property. (Ord. No. 422 §74.330, 5-3-84)
SECTION 215.340: WASTEWATER
The washing of ice, spittoons, animals, equipment, wagons, carts and trucks, and the throwing or flowing of wastewater used in washing any of the aforesaid articles, on or in any sidewalk, street, alley, boulevard, highway, right of way, park or parkway is hereby prohibited, except that the non-commercial washing of private automobiles, by members of the family owning same, in or upon a street or alley adjacent to private property either owned or occupied by the owner of the automobile being washed is not prohibited when such washing does not cause an accumulation of dirt, mud or similar materials to be deposited in the street or alley, and further provided, such washing does not create a hazardous or dangerous condition within or on the street, or restrict free passage over the same. (Ord. No. 422 §74.340, 5-3-84)
SECTION 215.350: LITTER FROM VEHICLES
No person, within any vehicle, shall throw, cast, place, drop, spill or in any manner deposit or permit to be deposited any litter, or any other offensive or disagreeable substance or thing in or upon any street, sidewalk, boulevard, highway, right of way, park or parkway, or public place or on private property without the owner’s consent. (Ord. No. 422 §74.350, 5-3-84)
SECTION 215.360: PROPERTY TO BE KEPT CLEAN
It shall be the duty of every owner, occupant, lessee, agent or other person having control, charge, authority or management over property to keep the same free and clear of any and all litter of every kind and description. (Ord. No. 422 §74.360, 5-3-84)
SECTION 215.370: CLEANING PROPERTY — CONTENTS, SERVICE OF NOTICE
Whenever the Chief of Police or his designee shall find that litter of any kind or description has been allowed to stand or accumulate upon any lot of land, he shall serve written notice upon the owner, occupant, lessee, agent or other person having control thereof to comply with the provisions of Section 215.300. It shall be sufficient notification to deposit a copy of such notice in the United States mail, properly stamped and directed to the person shown upon the books of the City Treasurer as having last paid taxes upon such land, or to post a copy of the notice upon the premises. (Ord. No. 422 §74.370, 5-3-84; Ord. No. 622 §15, 8-3-00)
SECTION 215.380: CLEANING PROPERTY — EFFECT OF NON-COMPLIANCE WITH NOTICE
If the person to whom the notice described in Section 215.370 is directed fails or neglects to cause the litter to be removed within ten (10) days after such notice has been served or posted upon the premises, the Health Officer may enter upon the lot or land and remove such litter and charge the cost thereof to the owner or lessee in control of the lot. (Ord. No. 422 §74.380, 5-3-84)

SECTION 215.390: CLEANING PROPERTY — SPECIAL ASSESSMENT
The cost of removing such litter may be assessed and collected as a lien of the property affected hereby. The Chief of Police or his designee shall certify assessments and apportionments covering the cost to the City Clerk. Such apportionment shall contain the names of the owners and all other parties interested in the land affected and charged therewith who were such upon the date when the removal of such litter was performed. Such names are to be determined and taken from the assessment books used for the assessment and levy of general taxes, but no defect or mistake in such books or in the description therein of the land or in the names in such apportionment shall impair the validity of the lien on such lot or bills issued therefor. Such costs shall be entered as an assessment against the real property on the tax bill and shall be payable as due in accordance with Jackson County tax billing and bear interest at the rate of charge by Jackson County for delinquent taxes, per annum. (Ord. No. 622 §16, 8-3-00)
SECTION 215.400: PENALTIES
A. Any person convicted of a violation of this Article shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.
B. Each day on which any nuisance, as defined herein, shall remain in any premises after the duty of the owner and/or occupant thereof arises to remove or abate same shall constitute a separate offense, for which the owner and/or occupant thereof may be arrested, tried, convicted and punished separately, without necessity of further notices. (Ord. No. 422 §74.280, 5-3-84)

CHAPTER 220: CURFEW
 
SECTION 220.010: LOITERING OF MINORS PROHIBITED
It shall he unlawful for any minor under the age of seventeen (17) years of age to be upon the public streets, highways or public ways of the City of Buckner between the hours of 10:00 P.M. and 6:00 A.M. from Sunday through Thursday or between the hours of 12:00 Midnight and 6:00 A.M. on any Friday or Saturday or on the eves of the principal U.S. holidays, which are as follows: New Year’s Eve, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day and Christmas. Provided however, that the provisions of this Section do not apply to a minor accompanied by his/her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand directed by his/her parent, guardian or other adult person having the care and custody of the minor. (Ord. No. 580 §1, 9-3-98; Ord. No. 712 §1, 4-1-04)
SECTION 220.020: RESPONSIBILITY OF PARENTS
A. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of seventeen (17) years to knowingly fail or otherwise neglect to provide proper care or supervision for the minor, to encourage, condone or approve the commission of delinquent acts and/or to knowingly allow the minor to be endangered or exposed to the potential of abuse or exploitation of others. The presence of a minor under the age of seventeen (17) years upon the streets or in any public place within the City limits during hours as set forth in the preceding Section 220.010 shall constitute reasonable suspicion that a violation of this Section has occurred.
B. Nothing contained herein shall be read or construed as superseding the right of law enforcement officials to, in proper instances, forego institution of any charge or violation of this Section when, in the judgment of said officials, it would be appropriate to initiate action against an adult for violation of State law prohibiting adults from contributing to the delinquency of a minor or for criminal child abuse and/or child neglect.
C. Each day during which conduct prohibited by this Section occurs or continues shall constitute a separate offense. (Ord. No. 580 §2, 9-3-98; Ord. No. 712 §1, 4-1-04)
SECTION 220.030: RESPONSIBILITY OF MERCHANT
It shall be unlawful for the keeper or proprietor of any place of public amusement, place of refreshment, restaurants, drinking emporiums or other public places of amusement, refreshment or entertainment to permit any minor under the ages defined in Section 220.010 of this Code to enter their place of business in violation of Section 220.010 above unless accompanied by their parents, guardians or other adult persons having the care and custody of such minors and the presence of a minor unaccompanied as aforesaid in any such public place hereinbefore mentioned shall constitute prima facie evidence that the keeper thereof permitted said minor to enter such public place with the knowledge and consent. (CC 1979 §77.030; Ord. No. 712 §1, 4-1-04)

SECTION 220.035: PROHIBITION AGAINST LINGERING
A. It is unlawful for any person to linger within one hundred (100) feet of any business. It is also unlawful for any person to linger in any other place, at any time or in any manner under circurnstances that warrant justifiable and reasonable alarm or immediate concern that the person seeks to possess, buy, sell or distribute any deadly weapon, illegal intoxicant or otherwise commit any crime or offense or attempt to entice others to do so.
B. As used herein, the expression “linger” means remaining outdoors in any location in which the individual does not have an ownership interest or leasehold interest or permission from the owner or lessee while:
1. Repeatedly stopping or attempting to stop or interfere with the free passage of others,
2. Repeatedly engaging in or attempting to engage others in conversation, and/or
3. Repeatedly stopping or attempting to stop motor vehicles by any one (1) or more of these activities with the purpose of possessing, buying, selling or distributing any deadly weapon, controlled substance, illegal intoxicant or for committing or attempting to commit any crime or offense or enticing others to do so.
C. Among the circumstances which may be considered in determining whether alarm or immediate concern as set forth in Subsection (A) of this Section is warranted is whether a person takes flight upon the appearance of a Law Enforcement Officer, refuses to provide identity or endeavors to conceal himself, herself or any object. Unless flight by the person or other circumstances make it impracticable, a Law Enforcement Officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm or immediate concern by requesting that the person provide identity, explain his or her presence and conduct and demonstrate that he or she is unarmed. No person shall be convicted of an offense under this Section if the Law Enforcement Officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern which gave rise to the initial intervention by law enforcement.
D. Any person found guilty of unlawful lingering hereunder shall be punished as set out in this Chapter. (Ord. No. 712 §1, 4-1-04)
SECTION 220.040: PENALTIES
A. Any minor violating the provisions of Section 220.010 may be referred to the Juvenile Court for appropriate action.
B. Any parent, guardian or other adult person having the care and custody of a minor violating Section 220.020 shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or confined to jail not more than ninety (90) days, or punished by both said fine and imprisonment for each offense.
C. Any keeper or proprietor of any place of amusement, as defined in Section 220.030 of this Chapter, who shall violate any provisions of this Chapter and any person who violates Section 220.035 shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or confined in jail not more than ninety (90) days, or punished by both said fine and imprisonment for each offense. (Ord. No. 712 §1, 4-1-04)
SECTION 220.050: DUTIES OF POLICE OFFICERS
A. All Law Enforcement Officers are authorized to extend protective intervention services to any minor believed to be at risk of harm as set out in this Chapter and conduct such further investigation as may be viewed as due to his or her traveling to or from work, any bona fide recreational or educational program sponsored by any governmental, civic, religious or community organization, or travel to or from any duly licensed provider of medical, dental or psychiatric or related care.
B. As used in this Chapter, the expression “protective intervention services” shall mean the stopping, questioning, non-punitive detention and summoning of a minor’s parents, guardian to the Buckner Police Station for the purpose of determining whether the minor has been the victim of unlawful neglect or whether his or her apparent delinquency has been encouraged, condoned or approved by his or her parent or legal guardian.
C. Law Enforcement Officers may arrest any minor that is in violation of Section 220.010 hereof and forthwith take said minor to the Buckner Police Station to be held pending the placement to their lawful parent or guardian and to instruct said parent or guardian to produce said minor before the proper court if said Police Officer desires to file charges against said party.
D. When Law Enforcement Officers cannot make contact with said minor’s parents or guardian for the purpose of release to said parent or guardian, the minor shall be transported to juvenile intake until such said parent or guardian retains custody of said minor. (CC 1979 §77.050; Ord. No. 712 §1, 4-1-04)

CHAPTER 225: FIREWORKS
 
SECTION 225.010: FIREWORKS DEFINED
The term “fireworks” shall mean and include the following two (2) classes:
COMMON FIREWORKS: Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes aerial devices containing no more than two (2) grains (130 mg) of explosive composition or ground devices containing no more than fifty (50) mg of explosive composition, all of which are classified as class C explosives by regulation of the United States Department of Transportation.
SPECIAL FIREWORKS: Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two (2) grains (130 mg) of explosive composition intended for public display. These devices are classified as class B explosives by regulation of the United States Department of Transportation. (RSMo. §320.106(2)(11))
SECTION 225.020: USE OR SALE OF FIREWORKS
Within the City of Buckner it shall be unlawful for any person to sell, use, burn, explode, or send off the following described fireworks:
1. All “Special Fireworks” as defined in 225.010 unless so authorized by special permit and license granted by the Board of Aldermen.
2. Those Common Fireworks” as defined in 225.010 commonly known as – bottle rockets, sky-rockets, roman candles, torpedoes, Buzz bombs or any other aerial fireworks that do not disintegrate before reaching the ground.
3. All other “common fireworks” as defined in 225.010 above may be sold only on July first (1st), second (2nd), third (3rd) and fourth (4th) each year and may be used, burned, exploded or sent off only on July fourth (4th) each year.
SECTION 225.030: USE OF FIREWORKS LIMITED — WHERE
Within the City of Buckner it shall be unlawful for any person to use, burn, explode, or send off any fireworks on City property. (Ord. No. 363 §66.030, 10-18-79)
SECTION 225.040: SALE OF FIREWORKS LIMITED — WHERE
Within the City of Buckner it shall be unlawful to sell at retail or wholesale fireworks on City property or within one hundred (100) feet of any structure. (Ord. No. 363 §66.070, 10-18-79)

CHAPTER 230: SOLID WASTE
 

SECTION 230.010: DEFINITIONS
The following terms used in this Chapter shall have these prescribed meanings:
DISPOSAL OF SOLID WASTE: The entire process of storage, collection, transportation, processing, and disposal of solid waste.
PERSONS: Individual, partnership, corporation, association, institution, City, County other political subdivisions, authority, State agency, institution, or Federal agency or institution.
SOLID WASTE: Garbage, refuse, discarded materials and undesirable solid and semi-solid waste, residual matter, resulting from industrial, commercial, agricultural, or community activities in such amounts, characteristics, and duration as to injure or harm the public health, welfare, animal life, or property. (CC 1979 §§26.010-26.030)
SECTION 230.020: REGULATIONS FOR DISPOSAL OF SOLID WASTE
A. Storage of Solid Waste.
1. All persons shall be required to store all solid waste except bulk waste in approved, enclosed, single-use containers with tight-fitting lids. The occupant 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 of Buckner, shall provide sufficient and adequate containers for the storage of all solid waste to serve each such dwelling, unit or establishment, and to maintain such solid waste containers at all times in good repair. All solid waste to be collected shall be placed in proper solid waste containers, except as otherwise provided, and such solid waste containers, as well as the area surrounding them shall be maintained in a clean, neat and sanitary condition at all times.
2. Residential solid waste shall be stored in containers or disposal bags of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity. Containers other than disposal bags shall be leakproof, waterproof, and fitted with a flytight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The contents of solid waste containers which are not approved will not be collected.
B. Collection of Solid Waste.
1. All persons shall have solid waste collected at least once per week pursuant to this Chapter unless otherwise exempted by law.
2. All solid waste from premises to which collection services are provided must be placed in approved containers, except that bulky rubbish will be collected if tied in bundles not exceeding two (2) feet in thickness by four (4) feet in length.
3. Tree limbs and yard wastes shall be placed at the curb or alley for collection. Solid waste containers for the storage of other residential solid waste shall be placed at the curb or alley for collection. No solid waste containers, tree limbs, yard wastes, or other solid waste shall be placed at the curb or alley for collection until the regularly scheduled collection days.
4. 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 of Buckner 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.
5. Solid waste haulers shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with the requirements for storage containers as set forth herein. Any spillage or blowing litter caused as a result of the actions of the solid waste hauler shall be collected and placed in the transportation vehicle by the hauler.
C. Transportation of Solid Waste.
1. All transportation vehicles shall be licensed and maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secure whenever the vehicle is transporting solid waste, or, as an alternative, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
2. Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities; however, all such material shall be conveyed in water-tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights of way.
D. Disposal of Solid Waste. Solid waste shall be deposited at processing facilities or disposal areas licensed by Jackson County and complying with all requirements of the Missouri Department of Natural Resources. The State or Federal Government may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in an acceptable manner and which will meet all local, State and Federal regulations. (CC 1979 §§26.040-26.070)
SECTION 230.030: ADMINISTRATION
There is hereby established a Solid Waste Disposal Department for the purpose of administration of the solid waste disposal plan which will handle contracts with solid waste haulers. (CC 1979 §26.080)
SECTION 230.040: VEHICLE TRANSPORTING SOLID WASTES — WEIGHT LIMIT — HIGHWAY DEPARTMENT TO PRESCRIBE ROUTE
Notwithstanding any other provision of law to the contrary, any truck, tractor-trailer or other combination engaged in transporting solid waste disposal area or solid waste processing facility approved by the Department of Natural Resources or Division of Health, may operate with a weight not to exceed twenty-two thousand four hundred (22,400) pounds on one (1) axle; provided however, nothing in this Section shall be construed to permit the operation of any motor vehicle on the interstate highway system in excess of the weight limits imposed by Federal Statute; and provided further, that no such truck, tractor-trailer or other combination shall exceed the width and length limitations as prescribed by State Law.
SECTION 230.050: COOPERATION WITH OTHER GOVERNMENTS AND AGENCIES
This solid waste plan shall be available for a cooperative effort with other municipalities and Jackson County, Missouri. This plan is adaptable to the future establishment of a regional processing and resource recovery center and the planning of disposal facilities. (CC 1979 §26.100)
SECTION 230.060: BURNING OF SOLID WASTES — LIMITED
No person shall burn solid waste within the City limits of the City of Buckner without a Missouri Department of Natural Resources burning permit. (Ord. No. 425 §26.110, 7-19-84; Ord. No. 695 §1, 2-6-03)
Cross Reference — As to burning prohibited, see §215.040 of this code.

CHAPTER 235: DISCRIMINATION
 
ARTICLE I. GENERAL PROVISIONS
SECTION 235.010: DEFINITIONS
As used in this Chapter, the following terms shall mean:
COMMISSION: The Missouri Commission on Human Relations.
DISCRIMINATION: Any unfair treatment based on race, color, religion, national origin, ancestry, sex or handicap.
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.
HANDICAP: A physical or mental impairment which substantially limits one (1) or more of a person’s major life activities, or a condition perceived as such, which with or without reasonable accommodation does not interfere with performing the job, utilizing the place of public accommodation, or occupying the dwelling in question.
PERSON: Includes one (1) or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons.
PLACES OF PUBLIC ACCOMMODATION: All places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement including, but not limited to:
1. Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
2. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;
3. Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;
4. Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;
5. Any public facility owned, operated or managed by or on behalf of this State or any agency or subdivision thereof, or any public corporation; and any such facility supported in whole or in part by public funds;
6. Any establishment which is physically located within the premises of any establishment otherwise covered by this Section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
RENT: Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.
UNLAWFUL DISCRIMINATORY PRACTICE: Any act that is unlawful under this Chapter. (RSMo. §213.010)
SECTION 235.020: COMMISSION ON HUMAN RELATIONS — ESTABLISHMENT AUTHORIZED
There is hereby authorized a City Commission on Human Relations, to consist of three (3) members as may be appointed by the Mayor subject to the approval of the Board of Aldermen. The Mayor shall designate the appointee who shall serve as Chairman. Of those first appointed, one-third (1/3) shall be appointed for one (1) year terms, one-third (1/3) for two (2) year terms, and one-third (1/3) for three (3) year terms. All members shall serve a term of three (3) years, except those who are appointed to fill a vacancy occurring during the term of a member. All members shall serve without compensation.
SECTION 235.030: COMMISSION ON HUMAN RELATIONS — 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 purposes of this Chapter.
SECTION 235.040: COMMISSION ON HUMAN RELATIONS — FUNCTIONS AND DUTIES GENERALLY
The Commission shall act in an advisory capacity to the Mayor and Board of Aldermen, and its functions and duties shall be to foster mutual self respect and to further amicable relations among the various segments of the population which together comprise the City; to help preserve the City’s good reputation for tolerance and fair play and promote even better relations among its people; to help make it possible for each citizen, regardless of race, color, religion, national origin, ancestry, sex or handicap, to develop his talents and abilities without limitation; and to assist the community in the fullest realization of its human resources. In order to accomplish the objectives herein set out, the Commission shall advise the Mayor and Board of Aldermen and other officers of the City on problems affecting human and intergroup relations.

SECTION 235.050: UNLAWFUL DISCRIMINATORY PRACTICES — GENERALLY
It shall be an unlawful discriminatory practice:
1. To aid, abet, incite, compel, or coerce the commission of acts prohibited under this Chapter or to attempt to do so;
2. To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter; or
3. For the City to discriminate on the basis of race, color, religion, national origin, sex or handicap. (RSMo. §213.070)
SECTION 235.060: DISCRIMINATION COMPLAINT — PROCEDURES
A. Filing Complaint. To ensure that the rights of all parties be adequately protected, the procedures for filing and investigating discrimination complaints shall be as follows:
1. Any person claiming to have been subjected to any discriminatory practice, as defined in this Chapter, may file a complaint with the Commission on Human Relations. Any complaint must be filed within one hundred eighty (180) days of the date of the alleged incident. The complaint shall be in writing and be in such form as the Board may prescribe.
2. Upon receipt of such complaint, the Commission on Human Relations shall furnish a copy of the complaint to the person against whom the complaint is made.
B. Investigation.
1. Within thirty (30) days after receiving the complaint, the Board shall investigate the complaint, and, at its next regularly scheduled meeting, determine whether there is merit to the complaint. If merit is found to exist, the Board shall proceed to try to correct the alleged discriminatory practice by informal methods of conference and conciliation.
2. No further formal action shall be taken for thirty (30) days in an attempt to effect a reconciliation between the parties.
3. If the Board is unable to eliminate or correct the alleged discriminatory practice by conference and conciliation, then the Board shall forward the complaint to the City Attorney for appropriate action.

SECTION 235.070: VIOLATION AND PENALTY
A person who shall violate a provision of this Chapter or fail to comply therewith or any requirements thereof, shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punishable by a maximum fine of five hundred dollars ($500.00) or imprisonment for ninety (90) days or by both such fine and imprisonment.

ARTICLE II. FAIR HOUSING

SECTION 235.080: DECLARATION OF POLICY
The Board of Aldermen of the City of Buckner 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 origin, ancestry, religion, religious affiliation, handicap and without regard to whether a family has children. This Article shall be deemed an exercise of the police powers of the City of Buckner, Missouri for the protection of the public welfare, prosperity, health, and peace of the people of Buckner. (Ord. No. 503 §235.080, 1-7-93)
SECTION 235.085: DEFINITIONS
For the purpose of this Article the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates.
PERSON: Shall include any individual, firm, partnership or corporation.
AGGRIEVED PERSON: Shall include any person who is attempting to provide housing for himself and/or his family in the City of Buckner, Missouri.
DISCRIMINATE: Shall mean distinctions in treatment because of race, sex, color, religion, religious affiliation, handicap, familial status, or national origin of any person. (Ord. No. 503 §235.090, 1-7-93)
SECTION 235.090: DISCRIMINATORY PRACTICES
It shall be a discriminatory practice and a violation of this Article for any person to:
1. Refuse to sell or rent after the making of a bonafide 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, 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, 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, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
4. 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, or national origin.
5. Discriminate 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.
6. Discriminate in the sale or rental of housing because a family has children, but exempts certain types of buildings that house older persons, (e.g. Section 202 Housing). (Ord. No. 503 §235.100, 1-7-93)
SECTION 235.095: 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 part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount or conditions of such loan, because of the race, sex, color, religion, religious affiliation, handicap, age, familial status or national origin of such person or of any person associated with him in connection with such financing. (Ord. No. 503 §235.110, 1-7-93; Ord. No. 553, 1-2-97)
SECTION 235.100: ADMINISTRATION
A. There is hereby created a Fair Housing Committee whose membership shall be the same as the Commission on Human Relations as set forth in Section 235.020.
B. Every complaint of a violation of this Article shall be referred to the Fair Housing Committee. The Fair Housing Committee shall forthwith notify the person against whom the complaint is made and 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 Prosecutor for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Prosecutor. (Ord. No. 503 §235.120, 1-7-93)

SECTION 235.110: ENFORCEMENT
A. Any person convicted of a violation of this Article 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 both such fine and imprisonment.
B. The City Attorney, instead of having the City Prosecutor file 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. 503 §235.130, 1-7-93)
 
ARTICLE III. PUBLIC ACCOMMODATIONS
SECTION 235.120: POLICY
It is hereby declared to be the policy of this City, in exercise of its licensing and police powers for the preservation of the peace and the protection of the health, welfare, and safety of its citizens to prohibit discriminatory practices in places of public accommodation within the City.
SECTION 235.130: DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED, EXCEPTIONS
A. All persons within this City are free and equal and shall be entitled to the full and equal use and enjoyment within this City of any place of public accommodation, as hereinafter defined, without discrimination or segregation on the grounds of race, color, religion, national origin, sex, ancestry, or handicap.
B. It is unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, as defined in Sections 235.010, or to segregate or discriminate against any such person in the use thereof on the grounds of race, color, religion, national origin, sex, ancestry, or handicap.
C. The provisions of this Section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association or society, or other establishment which is not in fact open to the public, unless the facilities of such establishments are made available to the customers or patrons of a place of public accommodation as defined in Section 235.010. (RSMo. §213.065)

 
CHAPTER 240: CIVIL DISORDER
 
SECTION 240.010: PROCLAMATION MAY BE ORDERED
The Mayor of Buckner, Missouri, shall have the power, in the event of any riot, unlawful assembly, public commotion or threat or apprehension thereof, to direct the action of the Police and law enforcing agencies of the City and to call to his aid all citizens in suppressing the same, and, in case of urgent necessity, to employ Special Police. The Mayor shall have power to make arrests in cases where he shall have good reason to believe that such offenses have been or are about to be committed and to summon citizens to his aid in making such arrests. He shall also have power in such cases to issue a proclamation in the interest of the public peace and safety, ordering the closing of all establishments in the City licensed for the sale of alcoholic beverages, either by the drink or by the package, which establishments shall remain closed for a period of twenty-four (24) hours after the filing of such proclamation with the City Clerk, or other businesses if he deems it advisable, and the Mayor shall cause notice of such proclamation to be promptly served upon each such establishment, through the Director of Liquor Control, the Police, himself, or any other governmental agency, and any operator or person in charge of any such establishment who shall fail to immediately close and keep such establishment closed after notice thereof has been given to him shall, upon conviction, be deemed guilty of a misdemeanor, and in addition thereto, such failure shall be cause for suspension of license. (CC 1979 §79.010)
SECTION 240.020: CURFEW MAY BE IMPOSED
The Mayor may by proclamation order such curfew as in his judgment shall be necessary, and may further order the closing of any business places as in his judgment may be necessary for the preservation of public health and safety, including but not limited to, those business places engaged in the selling of guns, weapons, gasoline, inflammables, and related items. (CC 1979 §79.020)
SECTION 240.030: VIOLATIONS OF PROCLAMATION
Any person, partnership, firm, or corporation violating the provisions of any proclamation so issued under the provisions of this Chapter, shall upon conviction be deemed guilty of a misdemeanor. (CC 1979 §79.030)
SECTION 240.040: EXCESSIVE FORCE
A. The City hereby adopts and will enforce the Police Department policy prohibiting the use of excessive force by Law Enforcement Agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable State laws regarding same.
B. Any person guilty of violation of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which such violation shall continue shall be deemed a separate offense. (Ord. No. 529 §240.040, 4-6-95)

CHAPTER 245: FOOD AND RESTAURANTS
 
SECTION 245.010: DEFINITIONS
The following definitions shall apply in the interpretation and the enforcement of this Chapter:
ADULTERATED: The conditions of a food:
1. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
2. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established, or in excess of such tolerance if one has been established;
3. If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
4. If it has been processed, prepared, packed, or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
5. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or
6. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;
7. If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or
8. If any substance has been substituted wholly or in part therefor; or
9. If damage or inferiority has been concealed in any manner; or
10. If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.
APPROVED: Acceptable to the Health Authority based on his determination as to conformance with appropriate standards and good public health practice.
CLOSED: Fitted together snugly leaving no openings large enough to permit the entrance of vermin.
CORROSION-RESISTANT MATERIAL: A material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.
EASILY CLEANABLE: Readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.
EMPLOYEE: Any person working in a food retail establishment who transports food or food containers, who engages in food preparation, or who comes in contact with any food equipment.
EQUIPMENT: All meatblocks, tables, counters, refrigerators, sinks, and similar items, used in the operation of a retail food establishment.
FOOD: Any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD-CONTACT SURFACE: Those surfaces of equipment with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
FOOD-PROCESSING ESTABLISHMENT: A commercial establishment in which food is processed or otherwise prepared and packaged and stored for human consumption.
HEALTH AUTHORITY: The Health Authority of the City of Buckner or his designated representative.
MISBRANDED: The presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable State or local labeling requirements.
PERISHABLE FOOD: Any food of such type or in such condition as may spoil.
PERSON: An individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity.
POTENTIALLY HAZARDOUS FOOD: Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
RETAIL FOOD ESTABLISHMENT: Any food establishment or portion thereof where staple articles of food commonly called groceries are handled at retail.
SAFE TEMPERATURE: Temperatures of forty degrees Fahrenheit (40°F) or below, and one hundred forty degrees Fahrenheit (140°F) or above as applied to potentially hazardous food.
SANITIZE: Effective bactericidal treatment of clean surfaces of equipment and utensils by process which has been approved by the Health Authority as being effective in destroying micro-organisms, including pathogens.
SEALED: Free of cracks or other openings which permit the entry or passage of moisture.
SINGLE-SERVICE ARTICLES: Cups, containers, lids, or closures; paddles; wrapping materials; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one (1) usage only, then to be discarded.
WHOLESOME: In sound condition, clean, free from adulteration, and otherwise suitable for use as human food. (CC 1979 §63.010)
SECTION 245.020: FOOD
A. Food Supplies. All food in retail food establishments shall be from sources considered satisfactory by the Health Authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.
B. Food Protection. All food while being stored, prepared, displayed, or sold at retail food establishments, or during transportation between such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (forty-five degrees Fahrenheit (45°F) or below, or one hundred forty degrees Fahrenheit (140°F) or above). Shellfish shall be stored at forty degrees Fahrenheit (40°F) or below. Frozen foods shall be stored at ten degrees Fahrenheit (10°F) or below. Frozen foods shall not be refrozen after thawing. Frozen food such as poultry shall not be thawed for retail sale without being properly identified.
C. Loading of Refrigerators and Freezers. Dairy products, frozen foods and meats shall not be loaded above the danger line, freeze line, glass or mark on display cases or in such a manner as to in any way block the circulation of cold air.
D. Use of Poisonous and Toxic Materials. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. Such items must be stored and displayed separately from food. (CC 1979 §63.020)
SECTION 245.030: PERSONNEL
A. Health and Disease Control. No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in any area of a retail food establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contacted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Authority immediately.

B. Cleanliness. All employees shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without first washing his hands. (CC 1979 §63.030)
SECTION 245.040: FOOD EQUIPMENT
A. Sanitary Design, Construction and Installation of Equipment and Utensils. All equipment shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair; and the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning non-toxic, corrosion resistant and relatively nonabsorbent; provided, that, when approved by the Health Authority, exceptions may be made to the above material requirements for equipment such as cutting boards, blocks, and bakers’ tables. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas. Single-service articles shall be made from non-toxic materials.
B. Cleanliness of Equipment. All food-contact surfaces of equipment, shall be thoroughly cleaned after each operation. All food-contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to each use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition. All food-contact surfaces of equipment shall be so stored and handled as to be protected from contamination. All single-service articles shall be stored, handled, and dispensed in a sanitary manner, and shall be used only once. (CC 1979 §63.040)
SECTION 245.050: SANITARY FACILITIES AND CONTROLS
A. Water Supply. The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, or containers are washed. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported, and handled in a sanitary manner.
B. Sewage Disposal. All sewage shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Health Authority.
C. Plumbing. Plumbing shall be so sized, installed, and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage-disposal system; and so that it does not constitute a source of contamination of food, equipment, or create an unsanitary condition or nuisance.

D. Toilet Facilities. Each retail food establishment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities have been approved by the Health Authority, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet with the requirements of this Subsection.
E. Hand-Washing Facilities. Each retail food establishment shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair.
F. Garbage and Rubbish Disposal. All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent containers which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use; provided, that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas, and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.
G. Vermin Control. Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin.
H. Storage of Distressed Food. All food which has been returned, damaged, unsaleable, or otherwise unfit for human consumption, must be isolated or held in a manner to preclude contamination of other food products. (CC 1979 §63.050)
SECTION 245.060: OTHER FACILITIES AND OPERATIONS
A. Floors, Walls, and Ceilings. The floor surfaces in all rooms and areas in which food is stored or prepared and in which equipment is washed, and in walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable; provided, that, the floors of non-refrigerated, dry-food-storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. Use of sawdust on floors is prohibited. Dustless methods of floor cleaning must be used. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls or rooms or areas in which food is prepared, or equipment or hands are washed, shall be easily cleanable, smooth and light-colored, and shall have washable surfaces up to the highest level reached by splash or spray.
B. Lighting. All areas in which food is prepared or stored or equipment is washed, hand-washing areas, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well lighted. During all cleanup activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned.
C. Ventilation. All rooms in which food is prepared or stored or equipment is washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Filters, where used, shall be readily removable for cleaning or replacement.
D. Dressing Rooms and Lockers. Adequate facilities shall be provided for the orderly storage of employee’s clothing and personal belongings. Where employees routinely change clothes within the establishment, one (1) or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage, and the equipment washing and storage areas; provided, that, when approved by the Health Authority, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean.
E. Housekeeping. Preparation areas, store rooms, display shelves, and all other areas shall be kept clean, neat, and free from litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food-contact surfaces. None of the operations connected with retail food establishments shall be conducted in any room used as living or sleeping quarters. Soiled lines, coats, and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct or retail food establishment operations; provided, that, guide dogs accompanying blind persons may be permitted in sales areas. Outside premises shall be kept clean, neat, and free of rubbish and other waste materials. (CC 1979 §63.060)
SECTION 245.070: ENFORCEMENT PROVISIONS
A. Permit. It shall be unlawful for any person to operate a retail food establishment within the City of Buckner, Missouri, or its Police jurisdiction, who does not possess a valid permit issued to him by the Health Authority. Only a person who complies with the requirements of this Chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from one (1) person to another person or place. A valid permit shall be posted in every food-service establishment.
1. Issuance of permits. Any person desiring to operate a retail food establishment shall make written application for a permit on forms provided by the Health Authority. Such application shall include:
a. The applicant’s full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included;
b. The location and type of the proposed retail food establishment;
c. The signature of the applicant or applicants. Upon receipt of such an application, the Health Authority shall make an inspection of the retail food establishment to determine compliance with the provisions of this Chapter. When inspection reveals that the applicable requirements of this Chapter have been met, a permit shall be issued to the applicant by the Health Authority.
2. Suspension of permits. Permits may be suspended temporarily by the Health Authority for failure of the holder to comply with the requirements of this Chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this Section 245.070 of this Chapter, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority by the permit holder. Notwithstanding the other provisions of this Chapter, whenever the Health Authority finds unsanitary or other conditions in the operation of a retail food establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all retail food operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Authority, shall be afforded a hearing as soon as possible.
3. Reinstatement of suspended permits. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a reinspection. If the applicant is complying with the requirements of this Chapter, the permit shall be reinstated.
4. Revocation of permits. For serious or repeated violations or any of the requirements of this Chapter, or for interference with the Health Authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority. Prior to such action, the Health Authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless a request of a hearing is filed with the Health Authority, by the permit holder, within such five-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

5. Hearings. The hearings provided for in this Section shall be conducted by the Health Authority at a time and place designated by him. Based upon the record of such hearing, the Health Authority shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Health Authority.
B. Inspection of Retail Food Establishments. At least once every six (6) months, the Health Authority shall inspect each retail food establishment located in the City of Buckner, Missouri, or its Police jurisdiction, and shall make as many additional inspections and reinspections as are necessary for the enforcement of this Chapter.
1. Access to establishment. The Health Authority, after proper identification, shall be permitted to enter, at any reasonable time, any retail food establishment within the City of Buckner, Missouri, or its Police jurisdiction, for the purpose of making inspections to determine compliance with this Chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed.
2. Issuance of notices. Whenever the Health Authority makes an inspection of a retail food establishment and discovers that any of the requirements of Sections 245.020 and 245.070 of this Chapter have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the Health Authority shall:
a. Set forth the specific violations found.
b. State that failure to comply with any notice issued in accordance with the provisions of this Chapter may result in immediate suspension of the permit.
c. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Health Authority within the period of time established in the notice for correction.
3. Service of notices. Notices provided for under this Section shall be deemed to have been properly served with the original if the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Health Authority.

C. Examination and Condemnation of Food. Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated, or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Health Authority, and neither such food or the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Authority, except an order by the court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in Subsection B(2)(c), and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within ten (10) days, the Health Authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold to denature or destroy such food or to bring it into compliance with the provisions of this Chapter; provided, that, such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this Chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
D. Plan Review of Future Construction. When a retail food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a retail food establishment, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layout, arrangement, and construction materials of work areas, and the location, size, and type of fixed equipment and facilities, shall be submitted to the Health Authority for approval before such work is begun.
E. Procedure When Infection is Suspected. When the Health Authority has reasonable cause to suspect the possibility of disease transmission from any retail food establishment employee, the Health Authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Health Authority may require any or all of the following measures:
1. The immediate exclusion of the employee from all retail food establishments;
2. The immediate closure of the retail food establishment concerned until, in the opinion of the Health Authority; no further danger of disease outbreak exists;
3. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease; and
4. Adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges.

F. Penalties. Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00). In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. (CC 1979 §63.070)

 
CHAPTER 250: CONDUCT IN CITY PARKS
 
SECTION 250.010: DEFINITIONS
In this Chapter, unless the context requires otherwise, the following words shall have the meanings set out below:
CONCESSION STAND: Any portion of a park used for the purpose of dispensing foods, confections, soft drinks, merchandise and/or miscellaneous craft items.
INTOXICATING LIQUOR: As used in this Chapter, shall mean and include alcohol for beverage purposes — alcoholic, spirituous, vinous, fermented, malt or other liquors, or combinations of liquors, a part of which is spirituous, vinous, fermented, and all preparations or mixtures for beverage purposes.
LITTER: Any wastepaper, rubbish, bottles, cans, wrappers and other trash.
LOITERING: Any standing, loafing, strolling, wandering, playing or congregating on park premises or the surrounding property thereof when a park has been otherwise closed to the public and when the presence of such person or persons is for an unlawful purpose or in violation of the park rules and regulations or tends to disturb the proper and orderly use of such park facilities by others.
PARK: Any property, parking lot, playing field, playground, swimming pool or other recreational facility owned or used by the City of Buckner for recreational activities and designated for such purposes.
PERSON: Any individual, firm, association, corporation or partnership.
PROPERTY: Any building, structure, bridge, table, bench, fireplace, railing, paving, tree, shrubs, fountains, swimming pool, playground equipment and all other public property and appurtenances in a park.
TRASH: Refuse, rubble, ashes, inorganic waste, tree limbs and other debris.
VEHICLE: Any wheeled conveyance, whether self-propelled, drawn or towed. (CC 1979 §27.010; Ord. No. 450 §27.010, 3-5-87)
SECTION 250.020: POLICE DEPARTMENT — DUTY
It shall be the duty of the Police Department to assist in the enforcement of this Chapter. (CC 1979 §27.020; Ord. No. 450 §27.020, 3-5-87)

SECTION 250.030: PARKS — MISCELLANEOUS REGULATIONS
A. It shall be unlawful for any person in a park to:
1. Willfully and maliciously mark on, deface, disfigure, tamper with or remove any park property.
2. Enter any building or structure designated for the opposite sex if such person is older than six (6) years of age.
3. Construct or erect any tent, building, structure, fence or utility lines except by permit issued by the Park Board.
4. Plant, cut, remove or pick any tree or other plant.
5. Climb upon, stand upon or sit upon any park property not designated or customarily used for such purposes.

6. Solicit alms or contributions without obtaining a permit to do so from the Park Board.
7. Build or attempt to build a fire in any area not designated for such purposes by the Park Board.
8. Enter any area posted as “Closed to the Public.”
9. Fail to exhibit any permit issued to the person from the Park Board when requested to do so by any authorized person for the purpose of enforcing compliance with the permit.
B. Parks, shelter houses, playgrounds, playing fields and parking lots shall be open for use by the public from 7:00 A.M. to 11:00 P.M. It shall be unlawful for any person in a park to enter or remain on park property from the hours of 11:00 P.M. to 7:00 A.M., except when participating in or as a spectator at an activity sponsored by or with a special user permit from the Park Board. (CC 1979 §27.030; Ord. No. 450 §27.030, 3-5-87
VIOLATION – PENALTY
Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding ninety (90) days or be so fined and imprisoned.
SECTION 250.040: SANITATION
It shall be unlawful for any person in a park to:
1. Dump, throw or deposit any trash or litter upon the park property.
2. The operator of a vehicle shall be presumed to be responsible for litter which is thrown, dropped, deposited, placed or left from the vehicle on City property. (CC 1979 §27.040; Ord. No. 450 §27.040, 3-5-87)
SECTION 250.050: PARK — TRAFFIC REGULATIONS
It shall be unlawful for any person in a park to:
1. Fail to obey any Police Officer or authorized individual when such individual is authorized to direct traffic within a park by the Park Board and/or Police Chief to control vehicular traffic within such park.
2. Fail to obey any posted traffic sign.
3. Ride or drive any vehicle at a speed greater than five (5) miles per hour.
4. Drive any vehicle on any property except paved park roads, paved parking areas and such other park areas as may be designated by the Park Board.
5. Park a vehicle anywhere other than those areas designated by the Park Board. (CC 1979 §27.050; Ord. No. 450 §27.050, 3-5-87)
SECTION 250.060: USE OF WHEELED VEHICLE IN PARK PROHIBITED
No person shall operate any wheeled vehicles including but not limited to tricycles, bicycles, scooters, skates, skateboards, mo-peds, motorscooters, motorbikes, motorcycles and wagons on and over the tennis courts, ball diamonds, track, football and soccer fields in the Buckner City Park. (CC 1979 §27.060; Ord. No. 450 §27.060, 3-5-87)
SECTION 250.070: DOMESTIC ANIMALS
No domestic animal shall be brought into the park unless it is kept on a leash of sufficient length or otherwise adequately restrained. (CC 1979 §27.090; Ord. No. 450 §27.090, 3-5-87)
SECTION 250.080: INTOXICATION OR USE OF INTOXICATING SUBSTANCES IN A PARK
A. A person commits the offense of public intoxication when he is in a City park in a state of drunkenness or intoxication which has been caused or induced by the consumption of alcoholic beverage or the use of a narcotic.
B. A person commits the offense of public use of an intoxicating substance when he shall drink or otherwise consume any alcoholic beverage, intoxicating liquor; or use any controlled substance or narcotic drug in any City park. (CC 1979 §27.110; Ord. No. 450 §27.110, 3-5-87)

SECTION 250.090: OPEN BEER OR LIQUOR CONTAINERS
A person commits the offense of possession of an open beer or liquor container if a container of non-intoxicating beer, malt liquor, or intoxicating liquor (as those terms are defined in Section 600.020 of this Code) is found in his possession, or his person, or within a vehicle which that person has under his control within any City park. (CC 1979 §27.120; Ord. No. 450 §27.120, 3-5-87)
SECTION 250.100: USE OF HARD SOLED SHOES ON CITY PARK TENNIS COURTS — PROHIBITED
No person shall wear hard soled shoes while on the surface of the tennis courts in a City park. (CC 1979 §27.150; Ord. No. 450 §27.150, 3-5-87)
SECTION 250.110: PARKS — MERCHANDISING
A. Any person desiring to sell merchandise or concessions of any kind in a park shall, in addition to any other necessary licenses, obtain the prior written permission or a permit to do so from the Park Board.
B. The approval of the Park Board is required for any person to operate a concession stand in a City park as defined in this Chapter. (CC 1979 §27.160; Ord. No. 450 §27.160, 3-5-87)
SECTION 250.120: SUBJECT TO JURISDICTION OF CITY
In addition to the regulations, restrictions and provisions set forth in this Chapter, it is hereby declared that any facts or things committed or done by any persons or companies at the park, such park being located within the corporate limits of the City, in violation of any of the ordinances of the City shall be subject to the jurisdiction of the City and to prosecution for such violations in the same manner and with the same effect as relates to unlawful acts committed at any place within the corporate limits of the City, it being intended that the regulations and the restrictions set forth in this Chapter are supplemental and in addition to all other ordinances of the City governing the conduct of persons and companies. (CC 1979 §27.170; Ord. No. 450 §27.170, 3-5-87)
SECTION 250.130: PENALTY
A. Persons found guilty of violating any provision of this Chapter shall be punished by a fine of not more than five hundred dollars ($500.00) and/or imprisoned for not more than ninety (90) days.
B. Each violation of this Chapter shall be deemed a separate offense. (CC 1979 §27.180; Ord. No. 450 §27.180, 3-5-87)
SECTION 250.140: REQUIRED TO LEAVE PARK
Any person in violation of any law, ordinance or the rules and regulations of the Park Board, or in any other way endangering the safety or property of others, may be required to immediately leave the park for the day. Failure to comply with such an order by the Park Board, or by authorized Law Enforcement Officials, shall be a violation of this Chapter. (CC 1979 §27.190; Ord. No. 450 §27.190, 3-5-87)
SECTION 250.150: ENTRY INTO PARK — PROHIBITED — WHEN
No person shall enter the City Park with a vehicle, truck, trailer or RV in excess of 3/4 ton except delivery, maintenance or trash disposal vehicles. (Ord. No. 402 §76.770, 8-5-82)
SECTION 250.160: SPECIAL SPEED LIMIT IN PARK
No person shall operate a vehicle in the Buckner City Park in excess of five (5) miles per hour. (Ord. No. 426 §76.090, 7-19-84)

CHAPTER 255: EMERGENCY PREPAREDNESS OFFICE
 
SECTION 255.010: ESTABLISHMENT
There is hereby created within and for the City of Buckner an emergency preparedness organization to be known as the City of Buckner Emergency Preparedness Office, which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., and the Missouri Disaster Operations Plan adopted thereunder.
SECTION 255.020: COMPOSITION
This office shall consist of a Coordinator 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 Disaster Operations Plan.
SECTION 255.030: FUNCTIONS
The organization shall perform emergency preparedness functions within the territorial limits of the City of Buckner, and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of the Missouri Civil Defense Act, Chapter 44, RSMo., 1978, and supplements thereto.
SECTION 255.040: DIRECTOR
A. The Director will be appointed by the Mayor, with the consent and approval of the Board of Aldermen and shall serve during the pleasure of the Mayor and Board of Aldermen.
B. The Director shall have direct responsibility for the organization, administration and operations of local emergency preparedness 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 Preparedness Agency.
SECTION 255.050: EXECUTIVE OFFICER
The Mayor of Buckner and the Director, in accordance with Chapter 44, Revised Statutes of Missouri, 1978, and supplements there, 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 operation teams, units, or personnel who may serve without compensation;
3. In the event of enemy attack, waive the provisions of statutes 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.
SECTION 255.060: OATH
No person shall be employed or associated in any capacity in any organization established under this act 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 in 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 and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such a time as I am a member of the Buckner Emergency Preparedness Organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.”
SECTION 255.070: OFFICE SPACE
The Mayor with the consent and approval of the Board of Aldermen is authorized to designate space in any Buckner owned or leased building for the Buckner Emergency Preparedness Office.