Changes the laws regarding cities of the fourth classification

SECOND REGULAR SESSION
HOUSE BILL NO. 2052
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE TERR Y .
41 19H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 79.020, 79.050, 79.060, 79.070, 79.090, 79.100, 79.1 10, 79.120, 79.135,
79.140, 79.150, 79.160, 79.165, 79.180, 79.210, 79.230, 79.240, 79.260, 79.270,
79.280, 79.300, 79.310, 79.320, 79.330, 79.340, 79.350, 79.360, 79.365, 79.370,
79.380, 79.390, 79.400, 79.410, 79.430, 79.440, 79.450, 79.460, 79.470, and 79.552,
RSMo, and section 79.130 as enacted by senate bill no. 672, ninety-seventh general
assembly , second regular session, and section 79.130 as enacted by house bill no.
1435, eighty-fourth general assembly , second regular session, and to enact in lieu
thereof forty new sections relating to cities of the fourth classification.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 79.020, 79.050, 79.060, 79.070, 79.090, 79.100, 79.1 10, 79.120,
2 79.135, 79.140, 79.150, 79.160, 79.165, 79.180, 79.210, 79.230, 79.240, 79.260, 79.270,
3 79.280, 79.300, 79.310, 79.320, 79.330, 79.340, 79.350, 79.360, 79.365, 79.370, 79.380,
4 79.390, 79.400, 79.410, 79.430, 79.440, 79.450, 79.460, 79.470, and 79.552, RSMo, and
5 section 79.130 as enacted by senate bill no. 672, ninety-seventh general assembly , second
6 regular session, and section 79.130 as enacted by house bill no. 1435, eighty-fourth general
7 assembly , second regular session, are repealed and forty new sections enacted in lieu thereof,
8 to be known as sections 79.020, 79.050, 79.060, 79.070, 79.085, 79.090, 79.100, 79.1 10,
9 79.120, 79.130, 79.140, 79.150, 79.160, 79.165, 79.180, 79.210, 79.230, 79.240, 79.260,
10 79.270, 79.280, 79.300, 79.310, 79.320, 79.330, 79.340, 79.350, 79.360, 79.365, 79.370,
11 79.380, 79.390, 79.400, 79.410, 79.430, 79.440, 79.450, 79.460, 79.470, and 79.552, to read
12 as follows:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
79.020. The mayor and board of [ aldermen ] alders of such city , whether the same
2 shall have been incorporated before becoming a city of the fourth class or not, with the
3 consent of a majority of the voters of such city voting on the question, shall have power to
4 extend the limits of the city over territory adjacent thereto, and to diminish the limits of the
5 city by excluding territory therefrom, and shall, in every case, have power , with the consent of
6 the voters as aforesaid, to extend or diminish the city limits in such manner as in their
7 judgment and discretion may redound to the benefit of the city .
79.050. 1. The following of ficers shall be elected by the qualified voters of the city ,
2 and shall hold of fice for the term of two years, except as otherwise provided in this section,
3 and until their successors are elected and qualified, to wit: mayor and board of [ aldermen ]
4 alders. No person shall hold office as either mayor or an alder for mor e than eight
5 years . The board of [ aldermen ] alders may provide by ordinance, after the approval of a
6 majority of the voters voting at an election at which the issue is submitted, for the
7 appointment of a collector and for the appointment of a chief of police, who shall perform all
8 duties required of the marshal by law , and any other police of ficers found by the board of
9 [ aldermen ] alders to be necessary for the good government of the city . The marshal or chief
10 of police shall be twenty-one years of age or older . If the board of [ aldermen ] alders does not
11 provide for the appointment of a chief of police and collector as provided by this section, a
12 city marshal, who shall be twenty-one years of age or older , and collector shall be elected, and
13 the board of [ aldermen ] alders may provide by ordinance that the same person may be elected
14 marshal and collector , at the same election, and hold both of fices and the board of [ aldermen ]
15 alders may provide by ordinance for the election of city assessor , city attorney , city clerk and
16 street commissioner , who shall hold their respective of fices for a term of two years and until
17 their successors shall be elected or appointed and qualified, except that the term of the city
18 marshal shall be four years.
19 2. The board of [ aldermen ] alders may provide by ordinance, after the approval of a
20 majority of the voters voting thereon at the next municipal election at which the issue is
21 submitted, that the term of the collector shall be four years and the term of the mayor shall be
22 two, three, or four years. Any person elected as collector after the passage of such an
23 ordinance shall serve for a term of four years and until [ his ] a successor is elected and
24 qualified. Any person elected as mayor after the passage of such ordinance shall serve for a
25 term of two, three, or four years, as provided, and until [ his ] a successor is elected and
26 qualified.
27 3. The board of [ aldermen ] alders may provide by ordinance that the term of the
28 board of [ aldermen ] alders shall be four years. Such ordinance shall be submitted by the
29 board to the voters of the city and shall take ef fect only upon the approval of a majority of the
30 voters voting at an election at which the issue is submitted. Any person elected to the board
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31 of [ aldermen ] alders after the passage of such an ordinance shall serve for a term of four
32 years and until [ his ] a successor is elected and qualified.
79.060. 1. The board of [ aldermen ] alders shall, by ordinance, divide the city into
2 not less than two wards, and two [ aldermen ] alders shall be elected from each ward by the
3 qualified voters thereof, at the first election for [ aldermen ] alders in cities adopting the
4 provisions of this chapter . At such election for [ aldermen ] alders , the person receiving the
5 highest number of votes in each ward shall hold [ his ] of fice for two years, and the person
6 receiving the next highest number of votes shall hold [ his ] of fice for one year; but thereafter
7 each ward shall elect annually one [ alderman ] alder , who shall hold [ his ] of fice for two years.
8 2. Notwithstanding the provisions of subsection 1 of this section, cities with a
9 population of one thousand or less in the most recent census may , by ordinance, choose to
10 elect [ aldermen ] alders at lar ge instead of by the method outlined in subsection 1 of this
11 section. Under this option, the seats of [ aldermen ] alders shall be filled at lar ge as soon as the
12 current terms expire. Each year thereafter , one-half of the board of [ aldermen ] alders shall
13 stand for election at lar ge for a two-year term.
79.070. No person shall be an [ alderman ] alder unless he or she is at least eighteen
2 years of age, a citizen of the United States, and an inhabitant and resident of the city for one
3 year next preceding his or her election, and a resident, at the time he or she files and during
4 the time he or she serves, of the ward from which he or she is elected.
79.085. Notwithstanding any other pr ovision of law to the contrary , the offices of
2 mayor and alder in a city of the fourth classification shall be uncompensated, except for
3 a monthly stipend, and shall not be eligible for employment benefits. As used in this
4 section, "employment benefits" has the same definition as in section 290.528.
79.090. The board shall elect one of their own number who shall be styled "acting
2 president of the board of [ aldermen ] alders " and who shall serve for a term of one year .
79.100. When any vacancy shall happen in the of fice of mayor by death, resignation,
2 removal from the city , removal from of fice, refusal to qualify , or from any other cause
3 whatever , the acting president of the board of [ aldermen ] alders shall, for the time being,
4 perform the duties of mayor , with all the rights, privileges, powers and jurisdiction of the
5 mayor , until such vacancy be filled or such disability be removed; or , in case of temporary
6 absence, until the mayor's return.
79.1 10. The mayor and board of [ aldermen ] alders of each city governed by this
2 chapter shall have the care, management and control of the city and its finances, and shall
3 have power to enact and ordain any and all ordinances not repugnant to the constitution and
4 laws of this state, and such as they shall deem expedient for the good government of the city ,
5 the preservation of peace and good order , the benefit of trade and commerce and the health of
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6 the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed
7 necessary to carry such powers into effect, and to alter , modify or repeal the same.
79.120. 1. The mayor shall have a seat in and preside over the board of [ aldermen ]
2 alders , but shall not vote on any question except a question relat ing to the adoption of the
3 city's budget and then only in case of a tie[ , nor shall he preside or vote in cases when he is
4 an interested party . He ] .
5 2. The mayor shall exercise [ a ] general supervision over all the officers and affair s of
6 the city[ , ] and shall take care that the ordinances of the city , and the state laws relating to such
7 city , are complied with.
[ 79.130. 1. The style of the ordinances of the city shall be: "Be it
2 ordained by the board of aldermen of the city of ______, as follows:" No
3 ordinance shall be passed except by bill, and no bill shall become an ordinance
4 unless on its final passage a majority of the members elected to the board of
5 aldermen shall vote for it, and the ayes and nays be entered on the journal.
6 Every proposed ordinance shall be introduced to the board of aldermen in
7 writing and shall be read by title or in full two times prior to passage, both
8 readings may occur at a single meeting of the board of aldermen . If the
9 proposed ordinance is read by title only , copies of the proposed ordinance shall
10 be made available for public inspection prior to the time the bill is under
11 consideration by the board of aldermen . No bill shall become an ordinance
12 until it shall have been signed by the mayor or person exercising the duties of
13 the mayor's office, or shall have been passed over the mayor's veto, as herein
14 provided.
15 2. The provisions of this section shall not apply to ordinances
16 proposed or passed under section 79.135. ]
79.130. The style of the ordinances of the city shall be: "Be it ordained by the board
2 of [ aldermen ] alders of the city of ______, as follows:" . No ordinance shall be passed except
3 by bill, and no bill shall become an ordinance unless on its final passage a majority of the
4 members elected to the board of [ aldermen ] alders shall vote for it, and the ayes and nays be
5 entered on the journal. Every proposed ordinance shall be introduced to the board of
6 [ aldermen ] alders in writing and shall be read by title or in full two times prior to passage,
7 both readings may occur at a single meeting of the board of [ aldermen ] alders . If the
8 proposed ordinance is read by title only , copies of the proposed ordinance shall be made
9 available for public inspection prior to the time the bill is under consideration by the board of
10 [ aldermen ] alders . No bill shall become an ordinance until it shall have been signed by the
11 mayor or person exercising the duties of the mayor's of fice, or shall have been passed over the
12 mayor's veto, as herein provided.
79.140. Every bill duly passed by the board of [ aldermen ] alders and presented to the
2 mayor and [ by him ] approved by the mayor shall become an ordinance, and every bill
3 presented as aforesaid, but returned with the mayor's objections thereto, shall stand
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4 reconsidered. The board of [ aldermen ] alders shall cause the objections of the mayor to be
5 entered at lar ge upon the journal, and proceed at its convenience to consider the question
6 pending, which shall be in this form: " Shall the bill pass, the objections of the mayor thereto
7 notwithstanding? ". The vote on this question shall be taken by ayes and nays and the names
8 entered upon the journal, and if two-thirds of all the members-elect shall vote in the
9 af firmative, the city clerk shall certify the fact on the roll, and the bill thus certified shall be
10 deposited with the proper of ficer , and shall become an ordinance in the same manner and with
11 like ef fect as if it had received the approval of the mayor . The mayor shall have power to sign
12 or veto any ordinance passed by the board of [ aldermen ] alders ; provided, that should [ he ]
13 the mayor neglect or refuse to sign any ordinance and return the same with [ his ] objections,
14 in writing, at the next regular meeting of the board of [ aldermen ] alders , the same shall
15 become a law without [ his ] the mayor's signature.
79.150. The board of [ aldermen ] alders shall cause to be kept a journal of its
2 proceedings, and the ayes and nays shall be entered on any question at the request of any two
3 members. The board of [ aldermen ] alders may prescribe and enforce such rules as it may
4 find necessary for the expeditious transaction of its business.
79.160. The board of [ aldermen ] alders shall semiannually each year , at times to be
2 set by the board of [ aldermen ] alders , make out and spread upon their records a full and
3 detailed account and statement of the receipts and expenditures and indebtedness of the city
4 for the half year ending with the last day of the month immediately preceding the date of such
5 report, which account and statement shall be published in some newspaper in the city .
79.165. In the event the financial statement of any fourth class city is not published as
2 required by section 79.160, the treasurer of such city shall not pay out any money of the city
3 on any warrant or order of the board of [ aldermen ] alders after the end of the month in which
4 such financial statement should have been published until such time as such financial
5 statement is published. Any treasurer violating the provisions of this section shall be deemed
6 guilty of a class A misdemeanor .
79.180. The board of [ aldermen ] alders shall have power to compel the attendance of
2 witnesses and the production of papers and records relating to any subject under consideration
3 in which the interest of the city is involved, and shall have power to call on the proper of ficers
4 of the city , or of the county in which such city is located, to execute such process. The of ficer
5 making such service shall be allowed to receive therefor such fees as are allowed by law in
6 the circuit court for similar services, to be paid by the city . The mayor or acting president of
7 the board of [ aldermen ] alders shall have power to administer oaths to witnesses.
79.210. The mayor shall, from time to time, communicate to the board of [ aldermen ]
2 alders such measures as may , in [ his ] the mayor's opinion, tend to the improvement of the
3 finances, the police, health, security , ornament, comfort and general prosperity of the city .
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79.230. The mayor , with the consent and approval of the majority of the members of
2 the board of [ aldermen ] alders , shall have power to appoint a treasurer , city attorney , city
3 assessor , street commissioner , [ and night watchman ] security guard , and such other of ficers
4 as [ he ] the mayor may be authorized by ordinance to appoint[ , and ] . If deemed for the best
5 interests of the city , the mayor and board of [ aldermen ] alders may , by ordinance, employ
6 special counsel to represent the city , either in a case of a vacancy in the of fice of city attorney
7 or to assist the city attorney , and pay reasonable compensation therefor[ , and ] . The person
8 elected marshal may be appointed to and hold the of fice of street commissioner . The mayor
9 shall not appoint any person who, dir ectly or thr ough an entity , contributed to the
10 mayor's campaign for the curren t term of office. An alder shall not vote to appr ove any
11 person who, dir ectly or thr ough an entity , contributed to the alder's campaign for the
12 curr ent term of office.
79.240. 1. The mayor may , with the consent of a majority of all the members elected
2 to the board of [ aldermen ] alders , remove from of fice, for cause shown, any elective of ficer
3 of the city , such officer being first given opportunity , together with [ his ] witnesses, to be
4 heard before the board of [ aldermen ] alders sitting as a board of impeachment. Any elective
5 of ficer , including the mayor , may in like manner , for cause shown, be removed from of fice by
6 a two-thirds vote of all members elected to the board of [ aldermen ] alders , independently of
7 the mayor's approval or recommendation. The mayor may , with the consent of a majority of
8 all the members elected to the board of [ aldermen ] alders , remove from of fice any appointive
9 of ficer of the city at will, and any such appointive of ficer may be so removed by a two-thirds
10 vote of all the members elected to the board of [ aldermen ] alders , independently of the
11 mayor's approval or recommendation. The board of [ aldermen ] alders may pass ordinances
12 regulating the manner of impeachments and removals.
13 2. Nothing in this section shall be construed to authorize the mayor , with the consent
14 of the majority of all the members elected to the board of [ aldermen ] alders , or the board of
15 [ aldermen ] alders by a two-thirds vote of all its members, to remove or dischar ge any chief,
16 as that term is defined in section 106.273.
79.260. Every of ficer of the city and his or her assistants, and every [ alderman ]
2 alder , before entering upon the duties of his or her of fice, shall take and subscribe to an oath
3 or af firmation before some court of record in the county , or the city clerk, that he or she
4 possesses all the qualifications prescribed for his or her of fice by law; that he or she will
5 support the Constitution of the United States and of the state of Missouri, the provisions of all
6 laws of this state af fecting cities of this class, and the ordinances of the city , and faithfully
7 demean himself or herself while in of fice; which of ficial oath or af firmation shall be filed
8 with the city clerk. Every of ficer of the corporation, when required by law or ordinance,
9 shall, within fifteen days after his or her appointment or election, and before entering upon
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10 the dischar ge of the duties of his or her of fice, give bond to the city in such sum and with
11 such sureties as may be designated by ordinance, conditioned upon the faithful performance
12 of his or her duty , and that he or she will pay over all moneys belonging to the city , as
13 provided by law , that may come into his or her hands. If any person elected or appointed to
14 any of fice shall fail to take and subscribe such oath or affir mation, or to give bond as herein
15 required, his or her of fice shall be deemed vacant. For any breach of condition of any such
16 bond, suit may be instituted thereon by the city , or by any person in the name of the city to the
17 use of such person.
79.270. The board of [ aldermen ] alders shall have power to fix the compensation of
2 all the of ficers and employees of the city , by ordinance. But the salary of an of ficer shall not
3 be changed during the time for which he or she was elected or appointed.
79.280. If a vacancy occurs in any elective of fice, the mayor or the person exercising
2 the duties of the mayor shall cause a special meeting of the board of [ aldermen ] alders to
3 convene where a successor to the vacant of fice shall be selected by appointment by the mayor
4 with the advice and consent of a majority of the remaining members of the board of
5 [ aldermen ] alders . If the vacancy is in the of fice of mayor , nominations of a successor may
6 be made by any member of the board of [ aldermen ] alders and selected with the consent of a
7 majority of the members of the board of [ aldermen ] alders . The board of [ aldermen ] alders
8 may adopt procedures to fill vacancies consistent with this section. The successor shall serve
9 until the next regular municipal election. If a vacancy occurs in any of fice not elective, the
10 mayor shall appoint a suitable person to dischar ge the duties of such of fice until the first
11 regular meeting of the board of [ aldermen ] alders thereafter , at which time such vacancy shall
12 be permanently filled.
79.300. The treasurer shall receive and safely keep all moneys, warrants, books,
2 bonds and obligations entrusted to his or her care, and shall pay over all moneys, bonds or
3 other obligations of the city on warrants or orders, duly drawn, passed or ordered by the board
4 of [ aldermen ] alders , and signed by the mayor and attested by the city clerk, and having the
5 seal of the city af fixed thereto, and not otherwise; and shall perform such other duties as may
6 be required of him or her by ordinance. Before entering upon the duties of his or her of fice ,
7 he or she shall give bond in such sum as may be required by ordinance.
79.310. The collector shall, annually , at such times as may be designated by
2 ordinance, make a detailed report to the board of [ aldermen ] alders , stating the various
3 moneys collected by him or her during the year , and the amounts uncollected and the names
4 of the persons from which he or she failed to collect and the causes therefor .
79.320. The board of [ aldermen ] alders shall elect a clerk for such board, to be
2 known as "the city clerk", whose duties and term of of fice shall be fixed by ordinance. No
3 alder shall vote to elect any person who, dir ectly or thr ough an entity , contributed to the
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4 alder's campaign for the curren t term of office. Among other things, the city clerk shall
5 keep a journal of the proceedings of the board of [ aldermen ] alders . He or she shall safely
6 and properly keep all the records and papers belonging to the city which may be entrusted to
7 his or her care; he or she shall be the general accountant of the city; he or she is hereby
8 empowered to administer official oaths and oaths to persons certifying to demands or claims
9 against the city .
79.330. The board of [ aldermen ] alders may by ordinance provide that hereafter the
2 same person shall hold the of fices of marshal and collector , in which case his or her of ficial
3 title shall be "marshal and ex of ficio collector".
79.340. It shall be the duty of all the of ficers of the city to report annually to the board
2 of [ aldermen ] alders , such reports to embrace a full statement of the receipts and
3 expenditures of their respective of fices, and such other matters as may be required by the
4 board of [ aldermen ] alders , by ordinance, resolution or otherwise.
79.350. The mayor or board of [ aldermen ] alders shall have power , as often as [ he ]
2 the mayor or [ they ] the board may deem it necessary , to require any of ficer of the city to
3 exhibit his or her accounts or other papers or records[ , ] and to make report to the board of
4 [ aldermen ] alders , in writing, touching any matter relating to his or her office.
79.360. Any member of the board of [ aldermen ] alders or of ficer of the city who
2 shall, in of ficial capacity , or under color of his or her of fice, knowingly or willfully or
3 corruptly vote or assent to, or report in favor of or allow or certify for allowance, any claim or
4 demand against the city , which claim or demand shall be on account of or under color of a
5 contract or agreement not authorized by law and the ordinances of the city , shall be deemed
6 guilty of a misdemeanor , and shall, upon conviction thereof, be punished by imprisonment in
7 the county jail for not more than one year or by a fine not exceeding five hundred dollars, or
8 by both such fine and imprisonment.
79.365. Notwithstanding any other provision of law to the contrary , in all cities of the
2 fourth class, the board of [ alderpersons ] alders shall have the authority to fix the
3 compensation, not to exceed two hundred dollars per month, of members of the planning and
4 zoning commission, the board of adjustment, the park board and the board of police
5 commissioners of the city by ordinance.
79.370. The board of [ aldermen ] alders shall have power , by ordinance, to secure the
2 general health of the inhabitants of the city by any measure to regulate, suppress and abate
3 slaughterhouses, slaughtering animals, stockyards, soap and other factories, pig pens, cow
4 stables, and other stables and dairies, and to remove the same, and to regulate or prevent the
5 carrying on of any business which may be dangerous or detrimental to the public health, or
6 the manufacturing or rendering of articles obnoxious to the health of the inhabitants; and to
7 pass ordinances for the prevention of nuisances and their abatement.
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79.380. The board of [ aldermen ] alders may make regulations and pass ordinances
2 for the prevention of the introduction of contagious diseases in the city , and for the abatement
3 of the same, and may make quarantine laws and enforce the same within five miles of the city .
4 They may purchase or condemn and hold for the city , within or without the city limits, or
5 within ten miles therefrom, all necessary lands for hospital purposes, waterworks, sewer
6 carriage and outfall, and erect, establish and regulate hospitals, workhouses, poorhouses,
7 airports and provide for the government and support of the same, and make regulations to
8 secure the general health of the city , and to prevent and remove nuisances; except that the
9 condemnation of any property outside of the city limits shall be regulated in all respects as the
10 condemnation of property for railroad purposes is regulated by law . The police jurisdiction of
11 the city shall extend over such land and property to the same extent as over other city
12 property , as provided in this chapter .
79.390. The board of [ aldermen ] alders may establish, alter and change the channel
2 of watercourses, and wall them and cover them over , and prevent obstructions thereon, and
3 may establish, make and regulate public wells, cisterns and reservoirs of water , and provide
4 for filling the same. The board of [ aldermen ] alders may purchase grounds and erect and
5 establish market houses and marketplaces, and regulate and govern the same, and also
6 contract with any person or persons, association or corporation, for the erection, maintenance
7 and regulation of market houses, and marketplaces, on such terms and conditions and in such
8 manner as the board of [ aldermen ] alders may prescribe. They may also provide for the
9 erection, purchase or renting of the city hall, workhouse, houses of correction, prisons, engine
10 houses, and any and all other necessary buildings for the city , and may sell, lease, abolish or
11 otherwise dispose of the same, and may enclose, improve, regulate, purchase or sell all public
12 parks or other public grounds belonging to the city , and may purchase and hold grounds for
13 public parks within the city , or within three miles thereof.
79.400. 1. The board of [ aldermen ] alders may prescribe limits within the city within
2 which no lumberyard or woodyard shall be kept, and may regulate, restrain or prohibit the
3 erection or maintenance of any fence composed in whole or in part of barbed wire, along or
4 adjacent to any public street, avenue, alley , park, lane, cemetery or other public grounds.
5 2. The board of [ aldermen ] alders may also regulate or prohibit the running at lar ge
6 of cattle, hogs, horses, mules, sheep, goats and all other domestic animals, also geese, ducks,
7 chickens, turkeys and all other domestic fowls and cause such animals or fowls as may be
8 running at lar ge to be impounded and sold in such manner and at such time as may be
9 prescribed by ordinance.
10 3. They may also provide penalties for the owners or keepers who shall permit such
11 animals or fowls to be at lar ge.
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12 4. The board of [ aldermen ] alders may also provide for the erection of all needful
13 pounds, pens and buildings for the use of the city , within or without the city limits, and
14 appoint and compensate keepers thereof and establish and enforce rules governing the same.
15 5. The board of [ aldermen ] alders may also tax, regulate and restrain and prohibit the
16 running at lar ge of dogs, and provide for their destruction when at lar ge contrary to ordinance,
17 and impose penalties on the owners or keepers thereof.
79.410. The board of [ aldermen ] alders may prohibit and prevent all encroachments
2 into and upon sidewalks, streets, avenues, alleys and other public places of the city , and may
3 provide for the removal of obstructions from the sidewalks, curbstones, gutters and
4 crosswalks, at the expense of the owners or occupants of the ground fronting thereon, or at the
5 expense of the person causing the same[ ; they ] . The board of alders may also regulate the
6 planting of shade trees, erecting of awnings, hitching posts, lamp posts, awning posts,
7 telephone, telegraph and electric light poles, and making of excavations through and under
8 the sidewalks or in any public street, avenue, alley or other public place within the city .
9 [ They ] The board of alders may prevent and punish for all [ horseracing ] horse racing , or
10 other racing, fast riding or driving or training in the streets, highways, avenues, alleys, or over
11 bridges or through tunnels in the city , and all games, practices or amusements therein likely to
12 result in damage to any person or property , and to regulate, prevent and punish for the riding,
13 driving, leading, standing, hitching or passing of horses, mules, oxen or other teams or stock
14 or animals or any vehicle over or upon or across or along any sidewalk, street, avenue or alley
15 of the city .
79.430. The board of [ aldermen ] alders shall have power to purchase, receive, and to
2 hold real estate, as herein mentioned, for public cemeteries, either within or without the city ,
3 within a distance of three miles thereof, and the city and its of ficers shall have jurisdiction
4 over the said cemeteries wherever located; provided, that no such cemetery shall exceed
5 eighty acres in one body . The board of [ aldermen ] alders shall provide for the survey ,
6 platting, grading, fencing, ornamenting and improving of all the cemetery ground, and the
7 avenues leading thereto, owned by the city , and may construct walks and protect ornamental
8 trees, and provide for paying the expenses therefor . The board of [ aldermen ] alders may
9 make rules and pass ordinances imposing penalties and fines, regulating, protecting and
10 governing city cemeteries, the owners of lots therein, visitors thereto, and punish trespassers
11 therein, and the of ficers of such city shall have as full jurisdiction and power in the enforcing
12 of such rules and ordinances as though they related to the city itself.
79.440. The cemetery lots shall be conveyed by certificates, signed by the mayor ,
2 countersigned by the clerk, under the seal of the city , specifying that the purchaser to whom
3 the same is issued is the owner of the lot described therein by numbers, as laid down upon the
4 of ficial map or plat of such cemetery made by the city , for the purpose of interment, and such
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5 certificate shall vest in the purchaser , his or her heirs or assigns, a right in fee simple to such
6 lots, for the sole purpose of interment, under the regulations of the board of [ aldermen ]
7 alders . Such certificates shall be entitled to be recorded in the of fice of recorder of deeds of
8 the proper county without further acknowledgment, and such description of lots shall be
9 deemed and recognized as suf ficient description thereof. The board of [ aldermen ] alders may
10 limit the number of lots owned by the same person at the same time, and may prescribe rules
11 for enclosing, adorning and erecting monuments, tombstones and ornaments on cemetery lots,
12 and prohibit any improper adornment thereof; but no religious test shall be made to the
13 ownership of the lots, or the burials had therein, or for the ornamentation of graves or lots.
79.450. 1. The board of [ aldermen ] alders shall enact ordinances to prohibit and
2 suppress houses of prostitution and other disorderly houses and practices, including gambling
3 and gambling houses, and all kinds of public indecencies, and may prohibit the selling or
4 giving of intoxicating liquors to any minor or habitual drunkard.
5 2. The board of [ aldermen ] alders shall also enact ordinances to restrain and prohibit
6 riots, noises, assaults and batteries, disturbances of the peace, disturbances of religious and
7 other lawful assemblies, indecent shows, exhibitions or concerts in any street, house or place
8 in the city , disorderly assemblies, and to regulate, restrain and prevent the dischar ge of
9 firearms, and the keeping and dischar ge of rockets, powder , fireworks or other dangerous
10 combustible materials in the streets or in limits of the city .
11 3. The board of [ aldermen ] alders may also regulate and control the construction of
12 buildings, the construction and cleaning of fireplaces, chimneys, stoves and stovepipes,
13 ovens, boilers, kettles, forges or any apparatus used in any building, manufactory or business
14 which may be dangerous in causing or promoting fires, and may provide for the inspection of
15 the same.
16 4. The board of [ aldermen ] alders may also provide by ordinance limits within which
17 no building shall be constructed except of brick or stone or other incombustible materials,
18 with fireproof roofs, and impose a penalty for the violation of such ordinance, and may cause
19 buildings commenced, put up or removed into such limits in violation of such ordinance, to be
20 removed or abated.
21 5. The board of [ aldermen ] alders may also purchase fire engines, hook and ladder
22 outfits, hose and hose carts, buckets and all other apparatus useful in the extinguishing of
23 fires, and or ganize fire companies and prescribe rules of duty for the government thereof,
24 with such penalties for the violation thereof as they may deem proper , and not exceeding one
25 hundred dollars and to make all necessary expenditures for the purchase of such fire apparatus
26 and the payment of such fire companies.
27 6. The board of [ aldermen ] alders may enact or make all ordinances, rules and
28 regulations necessary to carry out the purposes of this chapter .
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29 7. The board of [ aldermen ] alders may enact or make all ordinances, rules and
30 regulations, not inconsistent with the laws of the state, expedient for maintaining the peace,
31 good government and welfare of the city and its trade and commerce.
79.460. The board of [ aldermen ] alders may adopt ordinances providing for the
2 prohibition of and punishment for the carrying of concealed deadly weapons, and may also
3 adopt ordinances providing for the prohibition of vagrancy and providing that upon
4 conviction one adjudged guilty may be imprisoned, fined or set to work.
79.470. For all ordinance violations the board of [ aldermen ] alders may impose
2 penalties not exceeding a fine of five hundred dollars and costs, or ninety days' imprisonment,
3 or both the fine and imprisonment. Where the city and state have a penalty for the same
4 of fense, the board shall set the same penalty by ordinance as is set by statute, except that
5 imprisonments, when made under city ordinances, may be in the city prison or workhouse
6 instead of the county jail.
79.552. 1. In any municipality eligible under section 79.550 to create a municipal
2 redevelopment authority , upon the motion of the governing body of such municipality , there
3 is hereby created a municipal redevelopment authority in such municipality , which shall
4 consist of nine members appointed pursuant to this section. Three members of such authority
5 shall be appointed by the mayor of such municipality , six members of such authority shall be
6 appointed by the governor , with the advice and consent of the senate.
7 2. The members of the authority shall be citizens and residents of the state. The
8 members of the authority appointed by the mayor shall be residents of the municipality , or
9 shall have previously been residents of the municipality for at least five years preceding the
10 appointment. Of the members of the authority appointed by the governor , at least four
11 members shall be residents of the county in which the municipality is located and such
12 members may also be residents of the municipality .
13 3. Each member appointed shall serve for a term of two years, except that of the
14 members first appointed, two of the members appointed by the mayor and three of the
15 members appointed by the governor shall serve for a term of one year . The mayor shall
16 designate one of the members as [ chairman ] chair . V acancies in the authority shall be filled
17 for the unexpired term in the same manner as original appointments are made. Five members
18 of the authority shall constitute a quorum, and any action or order of the authority shall
19 require the approval of at least five members.
20 4. All members shall be reimbursed for actual and necessary expenses incurred by
21 them in the performance of their duties, except that the reimbursements for expenses incurred
22 on any one day other than the cost of travel shall not exceed one hundred and fifty percent of
23 the daily expense allowance established for members of the general assembly pursuant to
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24 section 21.145. Any member who is a resident of the county in which the municipality
25 establishing the authority is located shall not be reimbursed for lodging.
[ 79.135. 1. In any city of the fourth classification with more than five
2 thousand but fewer than six thousand inhabitants and located in any county of
3 the third classification without a township form of government and with more
4 than sixteen thousand but fewer than eighteen thousand inhabitants, a
5 proposed ordinance may be submitted to the board of aldermen by petition
6 signed by at least ten percent of the registered voters voting for mayor at the
7 last municipal election. The petition shall contain, in addition to the requisite
8 number of valid signatures, the full text of the ordinance sought to be passed
9 and a request that the ordinance be submitted to a vote of the people if not
10 passed by the board of aldermen .
11 2. The signatures to the petition need not all be appended to one paper ,
12 but each signer shall add to his or her signature his or her place of residence,
13 giving the street and number . One of the signers of each such paper shall make
14 oath before an of ficer competent to administer oaths that the statements therein
15 made are true as he or she believes and that each signature to the paper
16 appended is the genuine signature of the person whose name it purports to be.
17 3. W ithin ten days from the date of filing such petition, the city clerk
18 shall examine and ascertain whether the petition is signed by the requisite
19 number of voters and, if necessary , the board of aldermen shall allow the clerk
20 extra help for such purpose. The clerk shall attach a certificate of examination
21 to the petition. If by the clerk's certificate the petition is shown to be
22 insuf ficient, the petition may be amended within ten days from the date of the
23 issuance of the clerk's certificate. The clerk shall, within ten days after such
24 amendment, make like examination of the amended petition. If the second
25 certificate shows the petition to be insuf ficient, the petition shall be returned to
26 the person filing it, without prejudice to the filing of a new petition to the same
27 ef fect. If the petition is deemed to be suf ficient, the clerk shall submit it to the
28 board of aldermen without delay .
29 4. Upon receipt of the petition and certificate from the clerk, the board
30 of aldermen shall either:
31 (1) Pass said ordinance without alteration within twenty days after
32 attachment of the clerk's certificate to the accompanying petition; or
33 (2) Submit the question without alteration to the voters at the next
34 municipal election or , if the petition has been signed by twenty-five percent or
35 more of the registered voters voting for mayor at the last municipal election,
36 the board of aldermen shall immediately submit the question without
37 alteration to the voters of the city .
38 5. The question shall be submitted in substantially the following form:
39 Shall the following ordinance be (adopted) (repealed)? (Set out
40 ordinance)
41 6. If a majority of the voters vote in favor thereof, such ordinance shall
42 thereupon become a valid and binding ordinance of the city .
43 7. Any number of proposed ordinances may be voted upon at the same
44 election, in accordance with the provisions of this section.
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45 8. Any ordinance in ef fect that was proposed by petition cannot be
46 repealed except by a vote of the people. The board of aldermen may submit a
47 proposition for the repeal of any such ordinance or for amendments thereto, to
48 be voted upon at any municipal election; and should such proposition receive a
49 majority of the votes cast thereon, such ordinance shall thereby be repealed or
50 amended accordingly . The board of aldermen may amend an ordinance
51 proposed by petition without a vote of the people, but the original purpose of
52 the ordinance may not be changed by such amendment. ]
✔
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