HomeMy WebLinkAbout1520 Amending Section of the City Code Pertaining to Police and Fire Departments BILL NO. 2017-018 ORDINANCE NO. 1 saO
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE
PERTAINING TO THE POLICE AND FIRE DEPARTMENTS
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE,
MISSOURI, as follows:
SECTION 1 —ADOPTION OF AMENDMENTS. The below listed sections of the City Code
of the City of Riverside, Missouri are amended to read(text to be added is bolded underline;
text to be repealed contains a bolded strikethreugh as indicated within Exhibit A,attached
hereto and incorporated herein by this reference.
Affected City Code Sections: 130.120, 130.130, 130.180, 130.260.9, 200.050,200.060, 205.010,
205.030,205.040, 210.2203 & .C,210.590, 210.750,210.1980, 228.040,228.050,228.060,
228.080,228.090, 228.100,228.110, 230.020,230.045, 230.050, 305.005, 300.010, 305.010,
305.020, 305.030, 305.040, 305.060, 310.010, 310.020„ 310.070, 310.080, 310.090, 340.020,
340.050, 355.110, 370.130, 370.180, 385.030, 385.040, 390.010, 390.020, 510.120, 515.030,
600.100, 605.210, 605.270, 605.280.Q, 605.320, 610.030, 610.040, 610.120, 610.140, 615.040.
SECTION 2 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after the date of its passage and approval.
BE IT REMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the
City of Riverside this '7 day of Maur ,2017.
�O
ayor Kathleen L. Rose
ATTEST:
N•
Robin Kinc4id City deck—
r
1
BILL NO.2017-018 ORDINANCE NO.
Exhibit A
•Section 130.120 Issuance and Execution of Warrants.
All warrants issued by a Municipal Judge shall be directed to the hief of Police
or any other Police Officer of the municipality or to the Sheriff of the County.The warrant shall be
executed by the Chief of Police. Police Officer,or Sheriff any place within the
limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for
warrants in criminal cases,and,when so endorsed,shall be served in other Counties,as provided for in
warrants in criminal cases.
• Section 130.130 Arrests Without Warrants.
The DiFOrt-F Of P 1"'9`' Chief of Police or other Police Officer of the City may,without a warrant,
make arrest of any person who commits an offense in his/her presence, but such officer shall, before
the trial file a written complaint with the Judge hearing violations of municipal ordinances.
• Section 130.180 Jailing of Defendants.
A. 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 any private correctional facility with
which the City maintains a contractual arrangement for the jailing of City prisoners, and it shall be the
duty of the Sheriff or the Jailer of any private facility 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 the Sheriff
or to any private confinement facility for the keeping of such prisoner in his/her or its custody.The same
shall be taxed as costs. No prisoner shall at any time or in any manner be released or transferred from
custody unless and until the Chief of Police or an authorized member of the
Police Department 012"lls cafe has conducted an inquiry of the Missouri Uniform Law Enforcement
System (MULES)and an inquiry of the National Crime Information Center(NCIC)to determine whether
there are any pending outstanding warrants for misdemeanors and/or felonies on such prisoner who is
to be released,whether the prisoner has been convicted of a crime or is being held on suspicion of
charges.
B.The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a
minor traffic violation or municipal ordinance violation,as defined in Section 100.240(D)(1)and
100.240(E)(1)of this Code and Section 479.350, RSMo., unless such non-payment violates terms of
probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its
successor rule are strictly followed by the Municipal Judge.
•Section 130.260.9-Reimbursement of certain costs of arrest.
a. Upon a plea or a finding of guilty for a first(1st)offense of violating the provisions of an ordinance of
the City of Riverside involving alcohol-or drug-related traffic offenses,the Court may,in addition to
2
BILL NO. 2017-018 ORDINANCE NO.
imposition of any penalties provided by law,order the convicted person to reimburse the Pubi's iafatlr
Police Department for the costs associated with such arrest.
b.Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost
of any chemical test made as authorized or required by law or ordinance to determine the alcohol or
drug content of the person's blood,and the costs of processing,charging, booking and holding such
person in custody.
c.The Police Chief WreGker of Public cdeW shall establish a schedule of such costs hereby authorized
and shall submit the same to the Municipal Judge. However,the Court may order the costs reduced if it
determines that the costs are excessive.
d. Upon receipt of such additional costs authorized by this Subsection,the City Treasurer shall retain
such costs in a separate fund to be known as the"DWI/Drug Offense Cost Reimbursement Fund".
Monies within such fund shall be appropriated by the Board of Aldermen to the PubWasafe Police
Department in amounts equal to those costs so collected and shall be used by such department
specifically to enhance and support the enforcement and prosecution of alcohol-and drug-related traffic
laws within the City.
•Section 200.050 Reporting of Various Incident Reports.
A.The Police Department of PW6lisiafe shall:
1.Comply in full with the provisions of Section 43.505, RSMo., related to the uniform provision,
collection and storage of crime incident and arrest reports from Missouri law enforcement agencies.
2.Submit crime incident reports to the Department of Public Safety on forms or in that format
prescribed by the Missouri Department of Public Safety.
3.Submit any other crime incident information which may be required by the Missouri Department of
Public Safety.
•Section 200.060 Inquiries Regarding Outstanding Misdemeanors and Felonies.
A.The Chief of Police or an authorized member of the Police Department sof
PublisSafet+y-shall conduct an inquiry of pending outstanding warrants for misdemeanors and felonies
through the Missouri Uniform Law Enforcement System (MULES)and the National Crime Information
Center(NCIC)on any and all prisoners to be released,whether convicted of a crime or being held on
suspicion of charges,from custody.
B. No prisoner,whether convicted of a crime or being held on suspicion of any charge,shall be released
or transferred from a correctional facility orjail to any other facility prior to having a local,State or
Federal warrant check conducted by the Chief of Police or an authorized
member of the Police Department of P4wbBsiafatir.
3
BILL NO. 2017-018 ORDINANCE NO.
C. If any prisoner warrant check indicates outstanding charges or outstanding warrants from another
jurisdiction, it shall be the duty of the person conducting the warrant check to inform the agency that
issued the warrant that the correctional facility or jail has such prisoner in custody.That prisoner shall
not be released except to the custody of the jurisdictional authority that had issued the warrant, unless
the warrant has been satisfied or dismissed,or unless the warrant issuing agency has notified the Police
Department of Public safeW that the agency does not wish the prisoner to be transferred or the
warrant to be pursued.
• Section 205.010-Definitions
ANIMAL CONTROL OFFICER
Any officer of the City appointed by the Board to assist in the enforcement of this Chapter and carry out
the requirements hereof. if no Animal Control Officer has been appointed by the Board,then Animal
Control Officer means Chief of Police.
•Section 205.030 Impoundment and Quarantine of Vicious and Rabid Animals.
A. It shall be unlawful for any person keeping any vicious animal,or any animal affected with,or bitten
by,or otherwise substantially exposed to any other animal affected with rabies to fail to:
1. Immediately impound and confine the animal (unless transporting the animal to a licensed
veterinarian)for at least fifteen (15)days following the vicious act or exposure to rabies.
2. Immediately notify the Animal Control Officer or the Public Safe Police Department of the
impoundment,the reasons therefor,and any further information as may be required.
3. Upon order of the Animal Control Officer or Pwblk iafaty Police Department,surrender such animal
for quarantine,which quarantine shall be at the owner's expense. In the event the animal is not claimed
or in the event of the owner's execution of a relinquishment of ownership then said animal may be
turned over to the Humane Society or other similar organization.
4.Any animal quarantined hereunder may be kept a maximum of fifteen (15)days but may be released
earlier if certified by a licensed veterinarian to be free from rabies. No person shall kill any animal which
is vicious or has been exposed to rabies without permission from the Animal Control Officer or the
peeblicSafety Police Department except when necessary to prevent such animal from escaping or
attacking any other animal or person. If any such animal dies or is killed it shall be surrendered upon
demand to the Animal Control Officer or the iW6NcSafety Police Department.
5.Any "guard dog"(for the purposes of this Chapter herein defined as a dog not owned by the
governmental unit which dog is used to guard public or private property) used in the City, by virtue of
such use, is hereby declared to be subject to the license requirements of this Chapter; must be
vaccinated against rabies by a licensed veterinarian; must, if brought into the City from outside the State
of Missouri, be accompanied by the official health certificate required by the Code of State Regulations
at 1 CSR Section 30-2.01(8),which certificate shall be exhibited upon request of any City Animal Control
4
BILL NO.2017-018 ORDINANCE NO.
Officer or Police Officer; must be controllable by its keeper, and must not be used in a manner which,as
determined by the Animal Control Officer,endangers individuals not on the premises guarded.Any
person operating a guard dog service in the City shall register such business with the Animal Control
Officer and shall list all premises to be guarded with the Animal Control Officer before such service
begins.
• Section 205.040 Impoundment of Abandoned Animals.
A.All abandoned animals shall be impounded by the Animal Control Officer or Publis iafattr Police
Department.Any animal impounded pursuant to this Section shall be, if the owner can be ascertained
and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by
the owner.The owner shall be notified within five (5) business days of impoundment by phone or by
mail of the animal's location and recovery procedures.The animal shall be held for ten (10) business
days.An animal unclaimed after ten (10) business days may be put up for adoption or humanely killed.
However, no liability shall attach to the Animal Control Officer,the City, nor to any officer or employee
of the City for failure to notify such owner.
1.The Animal Control Officer shall release an impounded animal to its owner upon production of
satisfactory proof of ownership and payment of all fees prescribed in this Chapter if the owner seeks the
release of the animal within the impoundment period.
2.Any impounded animal remaining unclaimed at the end of the impoundment period may, upon
payment of all fees and charges due, be released to any person who shall provide satisfactory proof of
an intention to provide the animal with humane and proper care; provided, no unspayed female dog or
unneutered male dog shall be released to such person without written certification by a licensed
veterinarian that the veterinarian has been paid in full for the spaying or neutering of the dog and will
perform the operation within the earlier of thirty(30)days or such dog's first(1st)fertile period.
3.Animals which have not been claimed or released to new owners may be destroyed in some humane
manner by the Animal Control Officer.
B.An animal shall be impounded as required by Subsection (A)above except as follows:When an animal
arrives at the animal shelter in so sick or injured a condition that in the judgement of the Animal Control
Officer or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In
such instances said time period shall not apply,and the animal will be humanely destroyed to prevent
needless suffering.
•Section 210.220.13&.0 invasion of Privacy
B.A person commits the offense of invasion of privacy if such person:
1. Knowingly views, photographs or films another person, without that person's knowledge and consent,
while the person being viewed, photographed or filmed is in a state of full or partial nudity and is in a
place where one would have a reasonable expectation of privacy;or
5
BILL NO.2017-018 ORDINANCE NO.
2. Knowingly uses a concealed camcorder or photographic camera of any type to secretly videotape,
photograph or record by electronic means,another person under or through the clothing worn by that
other person for the purpose of viewing the body of or the undergarments worn by that other person
without that person's consent;or
3. Knowingly disseminates or permits the dissemination by any means,to another person,of a
videotape, photograph or film obtained in violation of Subsections(13)(1)or(13)(2)of this Section.
C.The provisions of this Section shall not apply to:
1.Viewing, photographing or filming by Law Enforcement Officers during a lawful criminal investigation;
or
2.Viewing,photographing or filming by Law Enforcement Officers or by personnel of a local jail or
correctional facility for security purposes or during investigation of alleged misconduct by a person in
the custody of the Police Department of Public 6afet?1r or the local jail or correctional facility.
• Section 210.590 Fireworks.
A.Definitions.As used in this Section,the following words shall have the meanings set out below:
CITY The City of Riverside, Missouri.
FIREWORKS Explosive devices designed primarily to produce visible or audible effects by combustion
and includes aerial devices and ground devices, all of which are classified as fireworks, UN0336 within 49
CFR Part 172.
B. It shall be unlawful for any person to use or discharge any"bottle rockets",as defined in Section
605.320(A),within any part of the City.
C. It shall be unlawful for any person to use, ignite or discharge any fireworks within any of the following
areas in the City:
1.Within one hundred twenty-five (125)feet of any building or structure.
2.Within six hundred (600)feet of any church, hospital, medical facility,asylum, public school, library or
day care facility or within three hundred (300)feet of a permanent structure where fireworks are
stored,sold or offered for sale.
3.Within or throw the same from a motor vehicle,or place or throw the same into or at a motor vehicle,
or at or near any person or group of people.
4.Within three hundred(300)feet of any gasoline pump,gasoline filling station or any non-permanent
structure where fireworks are stored,sold or offered for sale;or within three hundred (300)feet of any
structure which is marked according to the National Fire Protection Association's Hazardous Material
Identification System as"flammable"or"water reactive".
6
BILL NO. 2017-018 ORDINANCE NO.
D. Nothing in Subsection (C)shall be construed to prevent persons with licenses issued pursuant to
Section 605.320 from demonstrating or testing fireworks provided that any such demonstration or test
shall require the notification and the written approval of the Police Department of Public Salle
E. Fireworks may only be used, ignited and/or discharged at the following times:
1. From 10:00 P.M.on December thirty-first(31st) until 1:00 A.M.on January first(1st);and
2. From 10:00 A.M.to 10:00 P.M.each day during the period of June twenty-sixth(26th)to July second
(2nd)and on July fifth (5th);and
3. From 10:00 A.M.to 12:00 A.M. (Midnight)each day on July third (3rd)and July fourth(4th).
F.Any person who violates any provision of this Section shall, upon conviction thereof, be fined a sum of
not less than fifty dollars($50.00) nor more than five hundred dollars($500.00),or by imprisonment in
the City Jail for a term not exceeding ninety(90)days,or by both such fine and such imprisonment. Each
instance of unlawful use or discharge shall constitute a separate offense and shall be punishable as such
hereunder.
•Section 210.750 Disorderly Conduct Prohibited.
A.A person shall be guilty of disorderly conduct if, he/she recklessly or knowingly causes danger,alarm,
disorder or nuisance to another person,or by doing any of the following acts:
1.Commits an act in a violent or tumultuous manner toward another whereby another is placed in
danger of life, limb or health;
2.Commits an act in a violent or tumultuous manner toward another whereby the property of another
is placed in danger of being destroyed or damaged;
3.Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb,
health or property of another,
4. Interferes with another's pursuit of a lawful occupation by acts of violence;
5.Obstructs,either singly or together with other persons,the flow of vehicular or pedestrian traffic and
refuses to clear such public way when ordered to do so by the City Police or other lawful authority,
6. Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be
unable to exercise care for his/her own safety or the safety of others;
7. Resists or obstructs the performance of duties by City Police or any other authorized official of the
City when known to be such an official;
8. Incites,attempts to incite,or is involved in attempting to incite a riot;
7
BILL NO.2017-018 ORDINANCE NO.
9.Addresses abusive language or threats to any member of the Police Wmblis cafe Ey Department,any
other authorized official of the City who is engaged in the lawful performance of his/her duties,or any
other person when such words have a direct tendency to cause acts of violence.Words merely causing
displeasure,annoyance or resentment are not prohibited;
10. Damages, befouls or disturbs public property or the property of another so as to create a hazardous,
unhealthy or physically offensive condition;
11. Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance which is
likely to annoy any other persons nearby,or near to any public highway, road,street, lane,alley, park,
square or common;
12. Fails to obey a lawful order to disperse by a Police Officer,when known to be such an official,where
one(1)or more persons are committing acts of disorderly conduct in the immediate vicinity;
13. Uses abusive or obscene language or makes an obscene gesture which is likely to produce an
immediate violent response from a reasonable recipient;
14.A person shall be guilty of disorderly conduct if a person knowingly allows disorderly conduct to
occur upon any premises owned or possessed by him/her or under his/her control.
B.Exemptions.This Section shall not be construed to suppress the right to lawful assembly, picketing,
public speaking or other lawful means of expressing public opinion not in contravention of other laws.
• Section 210.1980 Curfew for Children Under Seventeen and Parental Responsibility.
A. It is unlawful for any minor under the age of seventeen(17)years to loiter,wander,stroll or play in or
upon the public streets, highways, roads,alleys, parks, playgrounds,or other public grounds, public
places, public buildings, places of amusement,eating places,vacant lots or any place unsupervised by an
adult having the lawful authority to be at such places, between the hours of 11:00 P.M.on any day and
6:00 A.M.of the following day; provided however,that on Fridays and Saturdays the effective hours are
between 12:00 Midnight and 6:00 A.M.of the following day; and provided,that the provisions of this
Section shall not apply in the following instances:
1.When a minor is accompanied by his/her parent,guardian or other adult person having the lawful
care and custody of the minor,
2.When the minor is upon an emergency errand directed by his/her parent or guardian or other adult
person having the lawful care and custody of such minor;
3.When the minor is returning directly home from a school activity,entertainment, recreational activity
or dance;
4.When the minor is returning directly home from lawful employment and makes it necessary to be in
the above-referenced places during the prescribed period of time;
8
BILL NO. 2017-018 ORDINANCE NO.
S.When the minor is attending or traveling directly to or from an activity involving the exercise of First
Amendment rights of free speech,freedom of assembly or free exercise of religion;and
6. In interstate travel through the City of Riverside, Missouri.
B. It shall be unlawful for the parent,guardian,or other adult person having care or custody of a minor
under the age of seventeen (17)years to knowingly permit such minor to violate the provision of
Subsection(A)of this Section. Every violation of this Section shall constitute a separate offense.
1. Upon conviction of violation of this Section for the first(1st)time,the parent,guardian or other
person having the care and custody of the minor shall be subjected to a fine not to exceed ten dollars
($10.00) plus court costs.
2. Upon further convictions,a person shall be subject to the penalties for violation set forth in Section
100.240 of this Code.
C.The Depaictment of Pashils SafepF Police Department shall track the violations as described in the
above Subsections.
e Section 228.040 Enforcement Authority.
The Chief of Police cilrartar.of P safety or his or her designee shall be responsible for the
registration of any organization or person desiring to provide private security services within the City.
e Section 228.050 Individual License.
A. Individual registrants shall be required to complete and submit a registration form provided by the
Police Department e4PW6NciafeW.The annual fee for an individual license as a Private Security Officer
or an armed Private Security Officer shall be fifty dollars($50.00).
B.All registrants shall submit the necessary information for a background check,to include
fingerprinting by the Police Department of PwWis iafetY,and any additional information requested by
the Department.
C. If the registrant is requesting licensure as an armed Private Security Officers, proof of firearms
training and qualification by a certified firearms instructor is also required.
e Section 228.060 Company License.
A.Any sole proprietorship,firm,company, partnership or corporation desiring to engage in the business
of providing private security services in the City shall be required to complete a registration form
provided by the Police Department of-Rr6NsiafeW and such registration shall be in addition to any
individual registration required pursuant to this Chapter.The annual fee for a company license as a
provider of private security services shall be eighty-four dollars($84.00).
B.A company registration shall set forth all information required consistent with the provisions of this
Chapter which shall include, but not be limited to,the following:Company identification information,a
9
BILL NO.2017-018 ORDINANCE NO.
copy of organizational documents,the names(s)and addresses of the principal owners of the company,
any criminal history for the owner(s).
•Section 228.080 Discharge of Firearm.
Armed Private Security Officers are required to notify the Police Department of Paik k Cafaty
immediately upon the discharge of a firearm within the City limits.
e Section 228.090 Liability Insurance.
No individual or company shall be licensed pursuant to this Chapter unless the applicant files with the
Chief of Police a certificate of liability insurance showing proof of general
liability coverage of not less than two million dollars($2,000,000.00) in the aggregate.
• Section 228.100 Security Officer Uniforms.
Security Officer uniforms, if used,shall not bear any resemblance to any uniform worn by members of
the Police Department of Public cafe nor shall any uniforms, badges or vehicles using the word
"Police" be used.
• Section 228.110 Complaints and Withdrawal or Suspension of License.
The Chief of Police or his or her designee may investigate any complaint made
against a Private Security Officer.The Director,or his or her designee, shall have the authority to
suspend or withdraw any individual or company license when the investigation shows that the
provisions of this Chapter have been violated.
•Section 230.020 Definitions
ALARM SIGNAL
A detectable signal,audibly,visually,or both,to which the Police Department of Public cafeW is
expected to respond on an emergency basis,generated by an alarm system indicating the occurrence of
a fire or the commission or attempt to commit a burglary, robbery,or other crime.
ALARM SYSTEM
Any single device,or any assembly of equipment and/or devices designed to produce an alarm signal to
which the Police Department 0 Pr6Nciafegr is expected to respond in the course of their duties. In this
Article, "Alarm System"or"Security Alarm System"shall include the terms "Audible Alarms", "Automatic
Holdup Alarm System" "Burglar Alarm System"and "Holdup Alarm System"as those terms are defined
herein.Audible alarms affixed to automobiles or other motor vehicles are not included within this
definition.
FALSE ALARM
10
BILL NO.2017-018 ORDINANCE NO.
An alarm signal eliciting a response by the Police Department of•Pulok Safe when a situation requiring
an immediate response does not in fact exist, such as when no breach of security has been attempted or
committed, including the giving,signaling or transmission to any public fire or Police station or company
or to any officer or employee thereof,whether by telephone,spoken word or otherwise, information to
the effect that there is a fire at or near the place indicated by the person giving,signaling or transmitting
such information.
An alarm will not be considered a false alarm if it is determined that the alarm was caused by:
1. Natural or manmade catastrophe,or an act of God.Such events include tornadoes,floods,
earthquakes or other similarly violent conditions.
2.Vandalism causing physical damage to the premises.
3.Telephone line outage.
4.Attempted entry of a location causing visible, physical or other evidence of damage to the location.
S.Severe weather causing physical damage to the premises.
6.The test of a local alarm system by a licensed alarm business agent or employee who is present at the
premises servicing, repairing or installing the alarm when such testing does not result in the alarm being
activated for an uninterrupted period exceeding sixty(60)seconds, and when the Police Department of
WlWicSafeW has been notified of the test.
•Section 230.045 Review of False Alarm Determinations.
A.Notification. An alarm user shall be notified in writing of each false alarm determination.
B.Review Of False Alarm Determinations. The Police Department efRr6Rciafs shall,when requested
by an alarm user, review the determination that an alarm was false.Such review maybe done by the
Police Department of PwblicSafeEy only if the alarm user requests such a review within fifteen (15)days
of the date of the mailing or other delivery of the notice of false alarm determination.A request for a
determination shall include at least the following information:
1.Alarm user name;
2.Address at which alarm is installed;
3. Date of alarm being contested; and
4. Facts upon which the request for a determination is made.
• Section 230.050 Offenses.
A. It shall be unlawful:
11
BILL NO. 2017-018 ORDINANCE NO.
1.To engage in an alarm business without first obtaining all necessary licenses, registrations and permits
required by any City ordinance.
2.To sell, install,connect,maintain,or use any alarm system which is capable of reporting an alarm
signal by means of a device or combination of devices which delivers a recorded message to the
RNiarsida Police Department of PoebNaiafe"without notifying the Wresw of Public Safew Chief of
Police in writing of the date of such installation within three(3)working days thereafter.
3.To report or cause any false alarms to be reported.
4.To make any false or misleading statement or any fraudulent misrepresentation in connection with
any application, registration, license or permit required under this Article or in connection with the sale,
installation, maintenance, inspection,or use of any security alarm system.
5.To use an audible alarm system which does not comply with the requirements of Section 230.030 of
this Article.
6. For any alarm user to fail to respond to any alarm originating from the alarm user's premises by
personally appearing on the premises within thirty(30) minutes after the user has been notified of the
alarm by the Police Department of PrWiatafety.
7. Each day during which an offense continues shall be considered a separate offense.
•Section 300.010 Definitions
POLICE OFFICER
Every officer of the wwnisipal Pes"iaiafety Police Department or any officer authorized to direct or
regulate traffic or to make arrests for violations of traffic regulations.
• Section 305.005 Duty of Pwblfe iafaty Police Department.
A.The Pub",Safety 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
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 Department by this Code and the traffic
ordinances of the City.
B.PubNsiPolice Department To Investigate Accidents. It shall be the duty of the Pablis Safety
Police Department to investigate traffic accidents,to arrest and to assist in the prosecution of those
persons charged with violations of law causing or contributing to such accidents.
•Section 305.010 Records of Traffic Violations.
A.The Public iafaty Police Department shall keep a record of all violations of the traffic ordinances of
the City or of the State vehicle laws of which any person has been charged,together with a record of the
12
BILL NO. 2017-018 ORDINANCE NO.
final disposition of all such alleged offenses.Such record shall be so maintained as to show all types of
violations and the total of each.Said record shall accumulate during at least a five(5)year period and
from that time on the record shall be maintained complete for at least the most recent five(5)year
period.
B.All forms for records of violations and notices of violations shall be serially numbered. For each month
and year a written record shall be kept available to the public showing the disposal of all such forms.
C.All such records and reports shall be public records.
• Section 305.020 ArbNaSafeW Police Department to Investigate Accidents.
It shall be the duty of the PubBeia"Police Department to investigate traffic accidents,to arrest and
to assist in the prosecution of those persons charged with violations of law causing or contributing to
such accidents.
e Section 305.030 Traffic Accident Reports.
The PMWiaiafety Police Department shall maintain a suitable system of filing traffic accident reports.
Such reports shall be available for the use and information of the City Traffic Engineer.
• Section 305.040 Publiaiafegr Police Department to Submit Annual Traffic Safety Report.
A.The Police Publiciafety Department shall annually prepare a traffic report which shall be filed with
the Mayor.Such report shall contain information on traffic matters in the City as follows:
1.The number of traffic accidents,the number of persons killed,the number of persons injured,and
other pertinent traffic accident data.
2.The number of traffic accidents investigated and other pertinent data on the safety activities of the
Police.
3.The plans and recommendations of the Public Safe Ey Police Department for future traffic safety
activities.
• Section 305.060 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.
e Section 310.010 Authority of Publiciafety Police Department Officials.
13
BILL NO.2017-018 ORDINANCE NO.
A. It shall be the duty of the officers of the AliWiciafety Police Department or such officers as are
assigned by the Chief of Police to enforce all traffic laws of the City and all of
the State vehicle laws applicable to traffic in the City.
B. Officers of the AuWisiafety Police Department OF SUGh 801—FS 11 We 2661gRed by the Dkoet"
Public Wow 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 AuWiciafety Police Department may direct traffic as conditions
may require notwithstanding the provisions of the traffic laws.
C.Officers of the Pliblic ca Fire Department,when at the scene of an incident, may direct or assist
the Police in directing traffic thereat or in the immediate vicinity.
*Section 310.020 Obedience to Pamblic Safey Police Department Officials.
No person shall knowingly fail or refuse to comply with any lawful order or direction of a Rublisiafety
Peale Department official.
e Section 310.070 Sirens and Flashing Lights Emergency Use—Persons Authorized —Violation —
Penalty.
Motor vehicles and equipment, not otherwise defined in this Title as an authorized emergency vehicle,
which are operated by any member of the may-Police or Fire Department,an organized Fire
Department,ambulance association or rescue squad,whether paid or volunteer, may be operated on
streets and highways in this City as an emergency vehicle under the provisions of Section 310.060 of this
Chapter,while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call
and while using or sounding a warning siren and using or displaying thereon fixed,flashing or rotating
blue lights, but sirens and blue lights shall be used only in bona fide emergencies. Permits for the
operation of such vehicles equipped with sirens or blue lights shall be in writing and shall be issued and
may be revoked by the 1311HO Safety DIF0619F Chief of Police.Chief of an organized Fire Department,
organized ambulance association or rescue squad and no person shall use or display a siren or rotating
blue lights on a motor vehicle,fire,ambulance or rescue equipment without a valid permit authorizing
the use. Permit to use a siren or lights as heretofore set out does not relieve the operator of the vehicle
so equipped with complying with all other traffic laws and regulations.Violation of this Section
constitutes an ordinance violation.
• Section 310.080 Immediate Notice of Accident Within City.
The driver of a vehicle involved in an accident within the City resulting in injury to or death of any person
or total property damage to an apparent extent of five hundred dollars($500.00)or more to one(1)
person shall give or cause to be given notice of such accident to the Au6Ns Safety Police Department as
soon as reasonably possible.
e Section 310.090 Written Report of Accident.
14
BILL NO. 2017-018 ORDINANCE NO.
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 ArbNc iafogt Police Department.The provisions of this Section shall not be applicable
when the accident has been investigated at the scene by a Police Officer while such driver was present
thereat.
•Section 340.020 Crossing Fire Hose.
No vehicle shall be driven over any unprotected hose of the P"I's Safe Ey Fire Department when laid
down on any street or private driveway to be used at any fire or alarm of fire without the consent of the
Pul,"-0afaly Fire Department official in command.
e Section 340.050 When Permits Required for Parades and Processions.
No funeral, procession or parade containing two hundred (200)or more persons or fifty(50)or more
vehicles except the forces of the United States Army or Navy,the military forces of this State,and the
forces of the Pwblls safe gr Police or Fire Department 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.
•Section 355.110 Prohibiting Unauthorized Parking on Posted Private Property.
A. It shall be unlawful for the driver,operator or owner of any motor vehicle to enter into,stop,stand,
or park any vehicle on any posted private property without the expressed or implied consent of the
owner, lessee or person in charge of the private property.
B. "Posted"shall mean the displaying of a sign no smaller than six(6) inches in height and eighteen (18)
inches in width exposed to public view and located at some prominent location on the private property
bearing substantially the following information:
"PRIVATE PARKING—NO PARKING WITHOUT CONSENT OF OWNER OR LESSEE".
C. If at any time a vehicle is parked in violation of the provisions of this Section,the Publiaiafety Police
Department upon complaint of the owner, lessee or person in charge of the private property where the
vehicle is parked, may remove or cause the same to be removed and to be dealt with in accordance with
Chapter 385 of this Code.
•Section 370.130 Animal-Driven Vehicles—Lighting Requirements— Penalty.
A.Any person who shall place or drive or cause to be placed or driven upon or along any State highway
of this City any animal-driven vehicle whatsoever,whether in motion or at rest,shall after sunset to one-
half(X) hour before sunrise have attached to every such vehicle at the rear thereof a red taillight or a
red reflecting device of not less than three(3) inches in diameter of effective area or its equivalent in
area.When such device shall consist of reflecting buttons,there shall be no less than seven (7)of such
15
BILL NO.2017-018 ORDINANCE NO.
buttons covering an area equal to a circle with a three(3) inch diameter.The total subtended effective
angle of reflection of every such device shall be no less than sixty degrees(60')and the spread and
efficiency of the reflected light shall be sufficient for the reflected light to be visible to the driver of any
motor vehicle approaching such animal-drawn vehicle from the rear of a distance of not less than Hive
hundred (500)feet.
B. In addition,any person who operates any such animal-driven vehicle during the hours between
sunset and one-half(%) hour before sunrise shall have at least one(1)light flashing at all times the
vehicle is on any highway of this City.Such light or lights shall be amber in the front and red in the back
and shall be placed on the left side of the vehicle at a height of no more than six(6)feet from the
ground and shall be visible from the front and the back of the vehicle at a distance of at least Hive
hundred (500)feet.
C.Any person operating an animal-driven vehicle during the hours between sunset and one-half(Y:)
hour before sunrise may, in lieu of the requirements of Subsection(B)of this Section, use lamps or
lanterns complying with the rules promulgated by the Chief of Police
Pu6NcSafe .
D.Any person violating the provisions of this Section shall be guilty of an ordinance violation.
• Section 370.180 Vision-Reducing Material Applied to Windshield or Windows Without Permit
Prohibited —Penalty— Rules—Procedure.
A.Any person may operate a motor vehicle with front sidewing vents or windows located immediately
to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing
material,that has a light transmission of thirty-five percent(35%)or more plus or minus three percent
(t3%)and a luminous reflectance of thirty-five percent(35%)or less plus or minus three percent(t3%).
Except as provided in Subsection(C)of this Section,any sun-screening device applied to front sidewing
vents or windows located immediately to the left and right of the driver in excess of the requirements of
this Section shall be prohibited without a permit pursuant to a physician's prescription as described
below.A permit to operate a motor vehicle with front sidewing vents or windows located immediately
to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing
material,which permits less light transmission and luminous reflectance than allowed under the
requirements of this Subsection may be issued by the Police Department of Pr6licSafew to a person
having a serious medical condition which requires the use of a sun-screening device if the permittee's
physician prescribes its use.The Chief of Police shall
promulgate rules and regulations for the issuance of the permit.The permit shall allow operation of the
vehicle by any titleholder or relative within the second degree of consanguinity or affinity,which shall
mean a spouse,each grandparent, parent, brother,sister, niece, nephew,aunt, uncle,child and
grandchild of a person who resides in the household. Except as provided in Subsection (B)of this
Section,all sun-screening devices applied to the windshield of a motor vehicle are prohibited.
B.This Section shall not prohibit labels,stickers,decalcomania or informational signs on motor vehicles
or the application of tinted or solar-screening material to recreational vehicles as defined in Section
16
BILL NO. 2017-018 ORDINANCE NO.
700.010, RSMo., provided that such material does not interfere with the driver's normal view of the
road.This Section shall not prohibit factory-installed tinted glass,the equivalent replacement thereof or
tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted
by the manufacturer of motor vehicle safety glass.
C.Any vehicle licensed with a historical license plate shall be exempt from the requirements of this
Section.
D.Any person who violates the provisions of this Section is guilty of an ordinance violation.
• Section 385.030 Towing of Abandoned Property on Public Real Property.
A.Any 11mblis Safety Offisial Police Officer,or an official of the City where the City's real property is
concerned, may authorize a towing company to remove to a place of safety:
1.Any abandoned property on the right-of-way of:
a.Any interstate highway or freeway in an urbanized area of the City left unattended for ten (10) hours,
or immediately if a Police Officer determines that the abandoned property is a
serious hazard to other motorists;
b.Any interstate highway or freeway outside of an urbanized area of the City left unattended for
twenty-four(24) hours,or after four(4) hours if a Publir SafeW Official Police Officer determines that
the abandoned property is a serious hazard to other motorists;
c.Any State highway,other than an interstate highway or freeway outside of an urbanized area, left
unattended for more than twenty-four(24) hours;
provided that commercial motor vehicles referred to in Subparagraphs(a —c) not hauling waste
designated as hazardous under 49 U.S.C.5103(a) may only be removed under this Section to a place of
safety until the owner or owner's representative has had a reasonable opportunity to contact a towing
company of choice;or
d.Any State highway,other than an interstate highway or freeway in an urbanized area, left unattended
for more than ten (30) hours.
2.Any unattended abandoned property illegally left standing upon any highway or bridge if the
abandoned property is left in a position or under such circumstances as to obstruct the normal
movement of traffic where there is no reasonable indication that the person in control of the property is
arranging for its immediate control or removal.
3.Any abandoned property which has been abandoned under Section 385.010 herein or Section
577.080, RSMo.
4.Any abandoned property which has been reported as stolen or taken without consent of the owner.
17
BILL NO.2017-018 ORDINANCE NO.
5.Any abandoned property for which the person operating such property is arrested for an alleged
offense for which the officer takes the person into custody and where such person is unable to arrange
for the property's timely removal.
6.Any abandoned property which due to any other State law or City ordinance is subject to towing
because of the owner's outstanding traffic or parking violations.
7.Any abandoned property left unattended in violation of a State law or City ordinance where signs
have been posted giving notice of the law or where the violation causes a safety hazard.
8.Any abandoned property illegally left standing on the waters of this State as defined in Section
306.010, RSMo.,where the abandoned property is obstructing the normal movement of traffic,or
where the abandoned property has been unattended for more than ten(10) hours or is floating loose on
the water.
9.Any abandoned property for which the person operating such property or vehicle eludes arrest for an
alleged offense for which the officer would have taken the offender into custody.
B.When the Aia6liaiafety Police Department authorizes a tow pursuant to this Section in which the
abandoned property is moved from the immediate vicinity, it shall complete a crime inquiry and
inspection report.
C.Any City agency other than the PubliaSafety Police Department authorizing a tow under this Section
where property is towed away from the immediate vicinity shall report the tow to the Publis safety
Police Department within two(2) hours of the tow,along with a crime inquiry and inspection report.
•Section 385.040 General Provisions and Procedures.
A.Payment Of Charges.The owner of abandoned property removed as provided in this Chapter shall be
responsible for payment of all reasonable charges for towing and storage of such abandoned property
as provided in Section 385.050.
B.Crime InquiryAnd Inspection Report. Upon the towing of any abandoned property pursuant to Section
385.030 or under authority of a Police Officer or local governmental agency
pursuant to Section 217.040,the PrbNsliafety Police Department,where it authorized such towing or
was properly notified by another governmental agency of such towing,shall promptly make an inquiry
with the National Crime Information Center(NCIC)and any statewide Missouri law enforcement
computer system to determine if the abandoned property has been reported as stolen and shall enter
the information pertaining to the towed property into the statewide law enforcement computer system.
If the abandoned property is not claimed within ten (10)working days of the towing,the tower who has
online access to the Department of Revenue's records shall make an inquiry to determine the
abandoned property owner and lienholder, if any,of record. In the event that the records of the
Department of Revenue fail to disclose the name of the owner or any lienholder of record,the tower
shall comply with the requirements of Subsection (3)of Section 304.156, RSMo. If the tower does not
have online access,the PsiblisSafety Police Department shall submit a crime inquiry and inspection
18
BILL NO. 2017-018 ORDINANCE NO.
report to the Missouri Director of Revenue.The ArWie safety Police Department shall also provide one
(1)copy of the report to the storage facility and one(1)copy to the towing company.A towing company
that does not have online access to the department's records and that is in possession of abandoned
property after ten (10)working days shall report such fact to the Pubils Safe Police Department.The
crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the
following:
1.The year, model, make and property identification number of the property and the owner and any
lienhoiders, if known;
2.A description of any damage to the property noted by the Pimbils Safety Official Police Officer
authorizing the tow;
3.The license plate or registration number and the State of issuance, if available;
4.The storage location of the towed property;
S.The name,telephone number and address of the towing company,
6.The date, place and reason for the towing of the abandoned property;
7.The date of the inquiry of the National Crime Information Center,any statewide Missouri law
enforcement computer system,and any other similar system which has titling and registration
information to determine if the abandoned property had been stolen.This information shall be entered
only by the Public Soki -Police Department;
8.The signature and printed name of the Police Officer authorizing the tow;
9.The name of the towing company,the signature and printed name of the towing operator,and an
indicator disclosing whether the tower has online access to the department's records;and
10.Any additional information the Missouri Director of Revenue deems appropriate.
C.Reclaiming Property. The owner of such abandoned property,or the holder of a valid security interest
of record, may reclaim it from the towing company upon proof of ownership or valid security interest of
record and payment of all reasonable charges for the towing and storage of the abandoned property.
D.Lienholder Repossession. If a lienholder repossesses any motor vehicle,trailer,all-terrain vehicle,
outboard motor or vessel without the knowledge or cooperation of the owner,then the repossessor
shall notify the Fr6liciafety Police Department within two (2) hours of the repossession and shall
further provide the ArWiciafety Police Department with any additional information the Pffrblis Wety
Police Department deems appropriate.The Peablis Safety Police Department shall make an inquiry with
the National Crime Information Center and the Missouri statewide law enforcement computer system
and shall enter the repossessed vehicle into the statewide law enforcement computer system.
19
BILL NO.2017-018 ORDINANCE NO.
E.Notice To Owner/Tow Lien Claim. Any towing company which comes into possession of abandoned
property pursuant to this Chapter and who claims a lien for recovering,towing or storing abandoned
property shall give notice to the title owner and to all persons claiming a lien thereon,as disclosed by
the records of the Missouri Department of Revenue or of a corresponding agency in any other State.The
towing company shall notify the owner and any lienholder within ten (10)business days of the date of
mailing indicated on the notice sent by the Missouri Department of Revenue pursuant to Section
304.156, RSMo., by certified mail, return receipt requested.The notice shall contain the following:
1.The name,address and telephone number of the storage facility;
2.The date, reason and place from which the abandoned property was removed;
3.A statement that the amount of the accrued towing,storage and administrative costs are the
responsibility of the owner,and that storage and/or administrative costs will continue to accrue as a
legal liability of the owner until the abandoned property is redeemed;
4.A statement that the storage firm claims a possessory lien for all such charges;
S.A statement that the owner or holder of a valid security interest of record may retake possession of
the abandoned property at any time during business hours by proving ownership or rights to a secured
interest and paying all towing and storage charges;
6.A statement that,should the owner consider that the towing or removal was improper or not legally
justified,the owner has a right to request a hearing as provided in this Section to contest the propriety
of such towing or removal;
7.A statement that if the abandoned property remains unclaimed for thirty(30)days from the date of
mailing the notice,title to the abandoned property will be transferred to the person or firm in
possession of the abandoned property,free of all prior liens;and
8.A statement that any charges in excess of the value of the abandoned property at the time of such
transfer shall remain a liability of the owner.
F.Physical Search Of Property. In the event that the Missouri Department of Revenue notifies the towing
company that the records of the Department of Revenue fail to disclose the name of the owner or any
lienholder of record,the towing company shall attempt to locate documents or other evidence of
ownership on or within the abandoned property itself.The towing company must certify that a physical
search of the abandoned property disclosed no ownership documents were found and a good faith
effort has been made. For purposes of this Section, "good faith effort"means that the following checks
have been performed by the company to establish the prior State of registration and title:
1.Check of the abandoned property for any type of license plates, license plate record,temporary
permit, inspection sticker,decal or other evidence which may indicate a State of possible registration
and title;
20
BILL NO. 2017-018 ORDINANCE NO.
2.Check the law enforcement report for a license plate number or registration number if the abandoned
property was towed at the request of a law enforcement agency;
3.Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned
property at the beginning of the tow, if a private tow;and
4. If there is no address of the owner on the impound report,check the law enforcement report to see if
an out-of-state address is indicated on the driver license information.
G.Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Chapter or
any person claiming a lien,other than the towing company,within ten (30)days after the receipt of
notification from the towing company pursuant to Subsection (E)of this Section may file a petition in the
Associate Circuit Court in the County where the abandoned property is stored to determine if the
abandoned property was wrongfully taken or withheld from the owner.The petition shall name the
towing company among the defendants.The petition may also name the agency ordering the tow or the
owner, lessee or agent of the real property from which the abandoned property was removed.The
Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be
served on the Director of Revenue,who shall not issue title to such abandoned property pursuant to this
Section until the petition is finally decided.
H.Notice To Owner. Notice as to the removal of any abandoned property pursuant to this Chapter shall
be made in writing within five(5)working days to the registered owner and any lienholder of the fact of
the removal,the grounds for the removal,and the place to which the property has been removed by
either:
1.The public agency authorizing the removal;or
2.The towing company,where authorization was made by an owner or lessee of real property.
If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the
operator of the facility.The notice provided for in this Section shall include the amount of mileage if
available shown on the abandoned property at the time of removal.
I. Tow Truck Requirements. Any towing company which tows abandoned property for hire shall have the
towing company's name,City and State clearly printed in letters at least three (3) inches in height on the
sides of the truck,wrecker or other vehicle used in the towing.
J.Storage Facilities. Persons operating or in charge of any storage facility where the abandoned property
is stored pursuant to this Chapter shall accept cash for payment of towing and storage by a registered
owner or the owner's agent claiming the abandoned property.
K. Disposition Of Towed Property. Notwithstanding the provisions of Section 301.227, RSMo.,any towing
company who has complied with the notification provisions in Section 304.156, RSMo., including notice
that any property remaining unredeemed after thirty(30)days may be sold as scrap property, may then
dispose of such property as provided in this Subsection.Such sale shall only occur if at least thirty(30)
21
BILL NO.2017-018 ORDINANCE NO.
days have passed since the date of such notification,the abandoned property remains unredeemed with
no satisfactory arrangements made with the towing company for continued storage,and the owner or
holder of a security agreement has not requested a hearing as provided in Section 304.156, RSMo.The
towing company may dispose of such abandoned property by selling the property on a bill of sale as
prescribed by the Director of Revenue to a scrap metal operator or licensed salvage dealer for
destruction purposes only.The towing company shall forward a copy of the bill of sale provided by the
scrap metal operator or licensed salvage dealer to the Director of Revenue within two (2)weeks of the
date of such sale.The towing company shall keep a record of each such vehicle sold for destruction for
three(3)years that shall be available for inspection by law enforcement and authorized Department of
Revenue officials.The record shall contain the year, make, identification number of the property,date of
sale,and name of the purchasing scrap metal operator or licensed salvage dealer and copies of all
notifications issued by the towing company as required in this Chapter.Scrap metal operators or
licensed salvage dealers shall keep a record of the purchase of such property as provided in Section
301.227, RSMo.Scrap metal operators and licensed salvage dealers may obtain a junk certificate as
provided in Section 301.227, RSMo.,on vehicles purchased on a bill of sale pursuant to the Section.
• Section 390.010 Trucks—Weight Regulations.
A. No vehicle or combination of vehicles shall move or be operated on any street, highway or alley in the
City having a greater weight than that prescribed in Section 304.180, RSMo.
B. No vehicle or combination of vehicles shall move or be operated on any street, highway or alley in the
City which is of a width, height or length which is in violation of Section 304.170, RSMo.
C.The Chief of Policewho for the purpose of this Section shall be deemed the
officer in charge of the maintenance of the streets of this City, may issue a special permit for any vehicle
exceeding the width, length, height or weight herein specified,when in his/her opinion the public safety
or public interest so justifies,and such permit shall be limited as to duration, not exceeding the
expiration of the registration of such vehicle,and may designate the street or streets upon which said
permit may be valid,and make such additional requirements as he/she deems to be necessary for the
public welfare and safety and the fee for the issuance of each permit shall be ten dollars($10.00).
•Section 390.020 Reduction of Maximum Weight—When.
Whenever by reason of thawing of frost,or rains,or due to new construction,the streets are in a soft
condition,the Chief of Police may reduce the maximum allowable weight on
such streets and roads and shall post notices at convenient and public places along the road or roads.
No person shall move or operate any vehicle weighing in excess of the limits prescribed upon streets so
posted.
•Section 510.120 Emergency Procedure.
22
BILL NO.2017-019 ORDINANCE NO.
The WF99116F Of P 4116 6 Chief of Police is authorized to grant emergency permits under such terms
as he/she may deem appropriate, in the event of a necessity for an emergency utility repair or other
compelling reason.
• Section 515.030 Duties of Building Official.
A.The Building Official:
1. May inspect or cause to be inspected annually,or as deemed necessary,all public buildings,schools,
halls,churches,theaters, hotels,tenements,commercial, manufacturing,or loft buildings for the
purpose of determining whether any conditions exist as set forth in Section 515.010.
2.Shall inspect any building or structure about which complaints are filed by any person alleging that
the building or structure contains any of the conditions described in Section 515.010.
3.Shall inspect any building or structure reported by the Public Safey Police or Fire Department of this
City when that Department has reason to believe that the building or structure has any of the conditions
set forth in Section 515.010.
4.Shall inspect any building or structure of the City at any time whenever there is reason to believe that
the building or structure has a condition described in Section 515.010.
S.Shall determine in any case where inspection shows that a building or structure has any of the
conditions referred to in Section 515.010,whether or not it reasonably appears there is immediate
danger to the health,safety or welfare of any person because of such condition,and if it does so
reasonably appear,to immediately notify the City Administrator or his/her representative thereof.
Should the City Administrator or his/her representative concur in the finding of the Building Official that
there is immediate danger as aforesaid,the Building Official shall immediately post upon the building or
structure a notice reading as follows:
"This building has been found to be a public nuisance by the City Administrator of the City of Riverside. It
also reasonably appears that this building or structure is an immediate danger to the health,safety or
welfare of persons thereabouts or therein.This notice is to remain on this building or structure until it is
brought into compliance with the ordinances of the City of Riverside. It is unlawful to remove this notice
until such compliance has occurred."
6.Shall report to the City Administrator or his/her representative any non-compliance with the notice
provided for in this Chapter 515.
7. Nothing contained in this Subsection shall be construed to deprive any person entitled thereto by this
Chapter of the notice and hearings prescribed herein.
• Section 600.100 Suspension or Revocation of License or Permit.
A.Whenever it shall be shown that:
23
BILL NO. 2017-018 ORDINANCE NO.
1.A licensee or permittee under this Chapter has not at all times maintained an orderly place;
2.Such licensee or any employee,agent,or servant of such licensee has violated any of the provisions of
this Chapter,
3.The license or permit held by such person was obtained through materially false statements in the
application for such license or permit,or renewal thereof;
4.The licensee or permittee failed to make a complete disclosure of all pertinent information in the
application for such license or permit, renewal thereof,
5.The licensee,since the issuance of such license, has ceased to be the person actually engaged in the
active control and management of the particular establishment for which the license was issued;
6.Any licensee whose application has been granted pursuant to Section 600.025 of this Code based on a
determination of the Board of Aldermen that the licensee has or will derive more than fifty percent
(50%)gross income from sources other than the sale of alcoholic beverages and the licensee after
fifteen(15)days written notice fails to make sufficient information available to the Board of Aldermen
by which he/she can determine that said licensee is still deriving more than fifty percent(50%)gross
income from sources other than the sale of alcoholic beverages on the premises as defined in this Code
may be suspended;
7.The licensed premises has been discontinued or abandoned for a period of five (5)days. In the event
that the Chief of Police or his/her representatives shall report to the Board of
Aldermen that there appears to be cause to believe that the licensed premise has been abandoned then
in that event a hearing will be held pursuant to Section 600.170 and in the event the Board of Aldermen
determine that the business has been discontinued or abandoned then the license shall be revoked;
8.Any violation of the ordinances of the City of Riverside, Missouri;
9.A licensee or permittee,or any employee,agent or servant thereof, has violated Section 600.110 of
the Code;or
30.Anything has occurred which would render the licensee or permittee or licensed premises ineligible
or unsuitable for a license or permit under the provisions of this Chapter.
The Board of Aldermen may suspend for a period not in excess of ninety(90)days or revoke the license
or permit issued hereunder.
e Section 605.210 Investigation.
The Police Department of RrbNc;afeW may conduct an investigation as may reasonably be necessary to
determine if there is compliance with this Article.
e Section 605.270 Inspection.
24
BILL NO.2017-018 ORDINANCE NO.
A AalWis Safety Police Officer,Code Enforcement Officer or any other official designated by any City
ordinance to make inspections pursuant to a licensing or regulating ordinance or to enforce the same,
shall have the right of entry to any premises showing evidence of a garage sale for the purpose of
enforcement or inspection and may close the premises from such a sale or cite any individual who
violates the provisions of this Article.
e Section 605.280 Parking.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further,
the PublicSafet♦r Police Department may enforce such temporary controls to alleviate any special
hazards and/or congestion created by any garage sale.
• Section 605.320.Q Sale of Fireworks and Fireworks Occupational License.
Q.Security Requirements.Any seasonal retailer that chooses to hire a security guard or guards shall
ensure that guard(s) meet(s)one(1)of the following qualifications:
1.The security guard is an off-duty piebNaaafe police officer employed by the City or an off-duty
deputy with the Platte County Sheriff's Department;or
2.The security guard is a private security guard properly and validly licensed pursuant to Chapter 228 of
the Municipal Code of the City.
•Section 610.030 Bingo Parlors.
A.All persons,corporations or other legal entities operating a business establishment in which the game
of Bingo is conducted and played on its premises shall comply in all respects with the following
regulations enacted pursuant to the police power of the City of Riverside,Missouri:
1.The game of Bingo may only be played on said premises between the hours of 6:00 P.M.and 10:30
P.M. No activity other than maintenance,clean up and set up for operation shall be permitted during
the hours that the premises are closed. No person other than a permit holder or an employee of a
permit holder shall be present on the premises during the time the premises are closed.
2.The number of Bingo days conducted by the owner of said business establishment shall be limited to
one (1)day per week; provided however,that the owner of the business establishment may lease the
premises to other individuals licensed to conduct Bingo games for the conduct of Bingo games;except
that, under no circumstances may Bingo games be conducted on any single premises or location more
than four(4)times during any one (1)week. No other activities other than Bingo games and the
concessions associated therewith shall take place in the permitted premises.
3.The person,corporation or other legal entity owning or operating the business establishment shall
not allow any controlled substances or alcoholic beverages to be bought or sold on the premises or
brought onto the premises by patrons,customers, or other individuals entering the premises.
25
BILL NO. 2017-019 ORDINANCE NO.
4.The business establishment shall have a maximum occupancy of one(1) person per twenty(20)
square feet of seating.
S.The person,corporation or other legal entity owning or operating the business establishment shall
maintain appropriate access to insure that emergency vehicles can have full and complete access to any
and all buildings located on said premises.
6.The person, corporation or other legal entity owning or operating the business establishment may not
allow the establishment to generate excessive noise such that persons in residential areas of the City are
disturbed.
7.There shall be no Bingo games played for cash prizes other than provided by State law.
8. Licensee shall provide both inside and outside security during hours of operation.
B.The Chief of Police shall be charged with the duty and authority to enforce
the provisions of this Section and to report any violations thereof.
•Section 610.040 Roller Skating Rinks.
A.All persons,corporations or other legal entities owning or operating a business establishment which
includes a roller skating rink shall comply in all respects with the following regulations enacted pursuant
to the police power of the City of Riverside, Missouri.
1.The business establishment shall have a maximum occupancy as set forth in the fire code adopted by
the City, as amended from time to time.
2.The person,corporation or other legal entity owning or operating the business establishment shall
not allow any controlled substances or alcoholic beverages to be bought or sold on the premises or
brought onto the premises by patrons,customers,or other individuals entering the premises; provided
that nothing contained herein shall prohibit the sale of alcoholic beverages to persons over the age of
twenty-one(21)during any special event for which the owner has been issued a liquor license, nor shall
it prohibit the consumption of alcoholic beverages at private parties not open to the public and at
which:
a.Alcohol is not sold;
b.The persons consuming such alcohol are over the age of twenty-one(21);and
c.The majority of persons attending such event are over the age of twenty-one(21).
3.The person,corporation or other legal entity owning or operating the business establishment shall act
to maintain order and prevent loitering in the parking areas located on said premises and shall prevent
individuals from remaining in said parking areas for an unreasonable time after the closing time each
night.
26
BILL NO. 2017-018 ORDINANCE NO.
4.The person,corporation or other legal entity owning or operating the business establishment shall
maintain appropriate access to insure that emergency vehicles can have full and complete access to any
and all buildings located on said premises.
S.The person,corporation or other legal entity owning or operating the business establishment shall
operate the business in such manner as to prevent any common law nuisance to other residents of the
City including, but not limited to, nuisance created by noise,criminal activity or indecent exposure on or
about the premises.
B.The Chief of Police shall be charged with the duty and authority to enforce
the provisions of this Section and to report any violations thereof.
•Section 610.120 Enforcement.
The Chief of Police shall be charged with the duty and authority to enforce the
provisions of this Article and to report any violations thereof.
• Section 610.140 Seizure and Destruction of Machines.
If the nivester of Public 2 Chief of Police shall have reason to believe any amusement device is
used as a gambling device,such device may be seized by the Police and impounded,and if upon trial for
allowing it to be used as a gambling device and said exhibitor is found guilty,such device shall be
destroyed by the Police.
•Section 615.040 Criteria/Requirements for License or Permit Issuance Including Renewals.
A. In order to secure a massage therapist license,an applicant must file a complete, honest and truthful
application and hold a current massage therapist license issued by the State of Missouri.
B. In order to secure and maintain a massage therapy establishment permit:
1. Premises shall comply with all applicable Zoning, Fire, Health and Building Codes.
2. Premises and equipment shall be clean, sanitary,well maintained and free from accumulations of dust
or refuse.
3. Premises shall be well lighted, having a minimum of one (1)one hundred watt artificial white light per
room and per two hundred fifty(250)square feet of usable floor space.
4. Massage therapy shall not be operated as a home occupation in a residentially zoned area.
S. Items for the personal use of patrons,such as linens, sheets and towels,shall be cleaned and freshly
laundered, unless disposable, and no such item, if non-disposable shall be used twice without being
laundered. Disposable items must be disposed of in a sanitary manner after each use.
6. No alcoholic beverages shall be allowed on or permitted to be brought onto the licensed premises.
27
BILL NO.2017-018 ORDINANCE NO.
7. No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the
licensed premises.
8. No person shall be permitted to conduct themselves in a disorderly manner on the licensed premises.
The licensed holder shall obey any reasonable order of the AembNsSafew Police Department to
terminate or prevent such disorderly conduct.
9.All employees,must be modestly attired. Flimsy,transparent, revealing,form fitting or tight clothing
is prohibited.
10.The private parts of patrons must be covered by towels,cloths or undergarments when in the
presence of an employee.Any contact with the patrons genital area or breast tissue is strictly
prohibited.
11.The licensed premises shall be closed between the hours of 11:00 P.M and 7:00 A.M.
12.There shall be a waiting room for patrons which is separate from any area wherein massage therapy
is performed.
13.The licensed premises shall permit inspections during its regular business hours by the GIW of
Police Department,Community Development Department, Fire,County and City
Health Departments to determine compliance with this and other relevant City ordinances.
14. Persons under the age of eighteen (18)years old shall be prohibited on the premises except patrons
permitted in the definition of"Patron"as defined in Section 615.010.
15. Massage therapy establishments granted a permit under the provisions of this Chapter shall not
place, publish or distribute or cause to be placed, published or distributed any advertising matter that
depicts any portion of the human body that would reasonably suggest to prospective patrons that any
services are available other than those services as described in this Chapter or suggest that employees
are dressed in any manner other than described in this Chapter, nor shall any establishment indicate in
the text of such advertising that any services are available other than those services described in this
Chapter.
16.The permits and licenses of Massage Therapy establishments and massage therapists are not
transferable and such authority as a permit or license confers shall be conferred only on the person or
business named therein.Any applications made,fees paid and permits or licenses obtained under the
provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses
required to be paid or obtained under any other ordinances of this City.
17.The permit of the massage therapy establishment and license of every massage therapist employed
thereby,shall be displayed in an open and conspicuous place on the premises and shown to officers of
the City of Riverside upon request.
28
f
BILL NO. 2017-018 ORDINANCE NO.
C. it shall be unlawful for any permittee or licensee to fail to comply with any of the requirements or
prohibition of Subsections(A)or(B) herein.
29