TITLE I.  GOVERNMENT CODE

 

 

          CHAPTER 100:  GENERAL PROVISIONS

 

 

                                                                 ARTICLE I.  FOURTH CLASS CITY

 

 

SECTION 100.010:    CITY OF THE FOURTH CLASS

 

A majority of the legal voters of the City of California voting at an election on May 29, 1906, voted in favor of an ordinance and proposition, and after proclamation of the Mayor, the City of California was declared a City of the Fourth Class to be organized and incorporated under the provisions of the general law of the State of Missouri providing for the government of Cities of the Fourth Class.  (Ord. No. 1.100 §1, 5-7-06)

 

 

                                            ARTICLE II.  MUNICIPAL BUILDING POLICIES

 

 

SECTION 100.020:    CITY AUTHORIZED TO RENT OFFICE SPACE IN CITY HALL

BUILDING

 

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A.       The City is authorized to enter into rental agreements for the rent of office space in the City Hall building.

 

B.        The rental figure to be charged for certain office space shall be as set by ordinance by the Board of Aldermen.

 

 

SECTION 100.030:    SMOKING PROHIBITED IN ALL BUILDINGS OWNED OR OPERATED BY THE CITY

 

 

A.       No person shall smoke or carry a lighted cigar, cigarette, pipe, or any other form of smoking object or device in all buildings owned or operated by the City of California, including any building owned or operated by any Board or Department of the City, including hallways, restrooms, work areas, public areas, indoor places, or any other place not specifically designated as a smoking permitted area.

 

B.        Designation Of Smoking Area.  Limited smoking permitted areas may be designated by the Mayor and the Board of Aldermen, and where smoking permitted areas are designated, existing physical barriers and functional ventilation systems may be used to minimize the effects of smoke in adjacent non-smoking areas.  This provision shall not be construed to require fixed structural or other physical modifications in providing these areas or to require operation of any existing heating, ventilating, and air-conditioning system in any manner which decreases its energy efficiency and/or increases its electrical demand, nor shall this provision be construed to require installation of new or additional heating, ventilating, or air-conditioning systems.

 

C.        The Chief of Police of the City of California shall be permitted entrance to any office or work area in any building owned, maintained, or leased by the City of California to determine compliance with this Section.

§ 100.030                                                          California City Code                                                                  § 100.050

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D.       The authority to administer and enforce the provisions of this Section is vested in the Chief of Police of the California City Police Department.

 

E.        Penalty Provision.  Every person convicted of a violation of any Subsection of this Section shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), per conviction or offense.  (Ord. No. 15.201 §§1─5, 6-3-91; Ord. No. 15.201A §1, 4-6-92)

 

 

                                                                        ARTICLE III.  GENERAL PENALTY

 

 

SECTION 100.040:    GENERAL PENALTY

 

 

A.       Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00), plus costs, or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City Prison or workhouse instead of the County Jail.

 

B.        Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

 

 

                                                                        ARTICLE IV.  MISCELLANEOUS PROVISIONS

 

 

SECTION 100.050:   DEFINITIONS AND RULES OF CONSTRUCTION

 

A.    In the construction of this Code and of all other ordinances of the City, the following definitions shall be observed, unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the Board of Aldermen, or unless the context clearly requires otherwise:

 

BOARD OF ALDERMEN:  The Board of Aldermen of the City of California, Missouri.

 

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

 

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

 

DAY:  A day of twenty-four (24) hours, beginning at 12:00 Midnight. 

 

MAY:  Is permissive. 

§ 100.050                                                          General Provisions                                                         § 100.050

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MAYOR:  An officer of the City, known as the Mayor of the Board of Aldermen of the City of California, Missouri. 

 

MONTH:  A calendar month. 

 

OATH:  Shall be construed to include an affirmation in all cases in which an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

 

OWNER:  The word "owner" as applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. 

 

PERSON:  May extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.

 

PERSONAL PROPERTY:  Includes money, goods, chattels, things in action and evidences of debt.

 

PRECEDING, FOLLOWING:  When used by way of reference to any Section of this Code, shall mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.

 

PROPERTY:  Includes real and personal property. 

 

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

 

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

 

SHALL:  Is mandatory. 

 

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

 

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

 

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

 

TENANT, OCCUPANT:  The words "tenant" or "occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. 

 

WRITING, WRITTEN, IN WRITING and WRITING WORD FOR WORD: Includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his/her mark, is intended.

 

YEAR:  A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord". 

§ 100.050                                                          California City Code                                                                  § 100.090

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B.    Newspaper.  Whenever in this Code or other ordinance of the City it is required that notice be published in the "official newspaper" or a "newspaper of general circulation published in the City", and if there is no newspaper published within the City, the said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication.  Such newspaper shall not include an advertising circular or other medium for which no sub­scription list is maintained.

 

 

SECTION 100.060:    ACCESSORY

 

Any person who shall aid, assist, conspire, abet, counsel, hire or by any means procure any person to violate any provision prohibited by Titles II and III of this Code shall be punished in the same manner as for committing the offense so aided, assisted, conspired, abetted, counseled, hired or procured to be committed.  (Ch. 25 §25.001)

 

 

SECTION 100.070:    ATTEMPT

 

 

A.       A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he/she does any act which is a substantial step towards the commission of the offense.  A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

 

B.        It is no defense to a prosecution under this Section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.

 

 

SECTION 100.080:    GENDER

 

When used in these ordinances any reference to the masculine gender shall also include the feminine gender.  (Ch. 25 §25.004)

 

 

SECTION 100.090:    SEVERABILITY

 

If any Section, paragraph, subdivision, clause, phrase, or provision of this Article shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of any other part of the Code of the City of California, Missouri.  (Ch. 25 §25.006)

 

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                                                                        CHAPTER 105:  ELECTIONS

 

 

                                                                        ARTICLE I.  IN GENERAL

 

 

SECTION 105.010:    CONFORMANCE OF CITY ELECTIONS WITH STATE LAW

 

All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.

 

 

SECTION 105.020:    DATE OF MUNICIPAL ELECTION

 

A.    A municipal election for the qualified voters of this City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year.

 

B.    On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing a Mayor, who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

 

C.    On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

 

D.    On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing one (1) Alderman from each ward, who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

 

E.    On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing a Collector who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

 

 

SECTION 105.030:    DECLARATION OF CANDIDACY─DATES FOR FILING

 

Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M., on the fifteenth (15th) Tuesday prior to, nor later than 5:00 P.M., on the eleventh (11th) Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election.  The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.

 

 

SECTION 105.040:    DECLARATION OF CANDIDACY─NOTICE TO PUBLIC

 

The City Clerk shall, on or before the fifteenth (15th) Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office

§ 105.040                                                          California City Code                                                                  § 105.060

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or offices to be filled, the proper place for filing and the closing filing date of the election.  Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.

 

 

SECTION 105.050:    DECLARATION OF CANDIDACY─FORM

 

The form of said written declaration of candidacy shall be substantially as follows:

 

                                                                        STATEMENT OF CANDIDACY

 

STATE OF MISSOURI               )

) SS

COUNTY OF MONITEAU        )

 

I,                             , being first duly sworn, state that I reside at                         , City of California, County of Moniteau, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of                 , to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April,        , and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office, and state that I will serve as such officer, if elected.

 

Signed:

 

                                                

 

Subscribed and sworn to before me this        day of                 ,       .

 

 

                                                

City Clerk

City of California          

 

(S E A L)

 

 

SECTION 105.060:    NOTICE OF ELECTIONS

 

In City elections, the City Clerk shall notify the County Clerk prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election except as noted in Section 115.125.1, RSMo.  The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published including the sample ballot.  The written notice shall be executed on behalf of the Board of Aldermen by the Mayor of the Board and shall include the attestation of the City Clerk and shall have affixed thereto the Seal of the City of California.  The notice and any other information required by this Section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the tenth (10th) Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission.

§ 105.070                                                          Elections                                                           § 105.070

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                                                                        ARTICLE II.  WARDS

 

 

SECTION 105.070:    CITY DIVIDED INTO THREE WARDS

 

 

A.       The City of California, Missouri, is hereby divided into three (3) Wards to be known as the First Ward, Second Ward and Third Ward.

 

B.        The First Ward shall be composed of all the territory within the limits of said City and bounded as follows:

 

Beginning at the point of intersection of U.S. Highway No. 50 and Oak Street and continuing North to the intersection of Oak and Prospect Street, thence West to the intersection of Prospect and Boonville Road, and thence North to the limits of said City, thence along said City limits in an Easterly direction to the Eastern most part and thence South along said City limits to a point defined as the intersection of U.S. Highway No. 50 and the East City limits of the City of California, thence Westerly along U.S. Highway No. 50 to the point of beginning.

 

C.        The Second Ward shall be composed of all the territory within the limits of said City and bounded as follows:

 

Beginning at the intersection of U.S. Highway No. 50 and Oak Street and thence North to the intersection of Oak and Prospect Street, thence West to the intersection of Prospect and Boonville Road, thence North to the limits of said City, thence in a westerly direction to the Western most point of said City limits and thence South to a point described as the intersection of the West limits of said City, and thence in an Easterly direction along U.S. Highway No. 50 to the point of beginning.  Also, all that territory within the City limits that lies West of Latham Road and South of U .S. Highway No. 50.

 

D.       The Third Ward shall be composed of all the territory within the limits of said City situated South of U.S. Highway No. 50 and East of Latham Road.  (Ord. No. 7.101 §§1─4, no date)

 

 

 

 

 

                                                                        CHAPTER 110:  MAYOR AND BOARD OF ALDERMEN

 

 

                                                                        ARTICLE I.  MAYOR AND BOARD OF ALDERMEN─GENERALLY

 

 

SECTION 110.010:    ALDERMEN─QUALIFICATIONS

 

No person shall be an Alderman unless he/she be at least twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.

 

 

SECTION 110.020:    MAYOR─QUALIFICATIONS

    

No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States and a resident of the City at the time of and for at least one (1) year next preceding his/her election.

 

 

SECTION 110.030:    BOARD TO SELECT AN ACTING PRESIDENT─TERM

 

The Board shall elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.

 

 

SECTION 110.040:    ACTING PRESIDENT TO PERFORM DUTIES OF MAYOR─WHEN

 

When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.

 

 

SECTION 110.050:    MAYOR AND BOARD─DUTIES

 

The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same.

SECTION 110.060:    MAYOR MAY SIT IN BOARD

 

The Mayor shall have a seat in and preside over the Board of Aldermen, but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party.  He/she shall exercise a general supervision over all the officers and affairs of the City, and

§ 110.060                                                          California City Code                                                                  § 110.100

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shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.

 

 

SECTION 110.070:    ORDINANCES─PROCEDURE TO ENACT

 

The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of California, as follows:"  No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Board of Aldermen.  If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen.  No bill shall become an ordinance until it shall have been signed by the Mayor or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto, as herein provided.

 

 

SECTION 110.080:    BILLS MUST BE SIGNED─MAYOR'S VETO

 

Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form:  "Shall the bill pass, the objections of the Mayor thereto notwithstanding?"  The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature. 

 

 

SECTION 110.090:    BOARD TO KEEP JOURNAL OF PROCEEDINGS

 

The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members.  The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.

 

 

SECTION 110.100:    BOARD SHALL PUBLISH SEMI-ANNUAL STATEMENTS

 

The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.

§ 110.110                                                          Mayor And Board Of Aldermen                                                             § 110.160

 

SECTION 110.110:    NO MONEY OF CITY TO BE DISBURSED UNTIL STATEMENT IS

PUBLISHED─PENALTY

 

In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published.  Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.

 

 

SECTION 110.120:    BOARD MAY COMPEL ATTENDANCE OF WITNESSES─MAYOR TO ADMINISTER OATHS

 

The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved, and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process.  The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City.  The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.

 

 

SECTION 110.130:    MAYOR TO SIGN COMMISSIONS

 

The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City, and shall approve all official bonds unless otherwise prescribed by ordinance. 

 

 

SECTION 110.140:    MAYOR SHALL HAVE THE POWER TO ENFORCE LAWS

 

The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50), to aid in enforcing the laws.

SECTION 110.150:    MAYOR─COMMUNICATIONS TO BOARD

 

The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.

 

 

SECTION 110.160:    MAYOR MAY REMIT FINE─GRANT PARDON

 

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

 

§ 110.170                                                          California City Code                                                                  § 110.190

 

                                                                        ARTICLE II.  BOARD OF ALDERMEN MEETINGS

 

 

SECTION 110.170:    REGULAR MEETINGS

 

The Board of Aldermen of the City of California, Missouri, shall meet in regular session in the City Hall at 7:00 P.M. on the first (1st) Monday of each month, unless rescheduled by the Board of Aldermen prior to scheduled date of meeting.

 

 

SECTION 110.180:    RESERVED

 

 

SECTION 110.190:    QUORUM MUST BE PRESENT

 

At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present.  Four (4) of the Aldermen shall constitute a quorum.  If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.

SECTION 115.050:    OFFICERS' OATH─BOND

 

Every officer of the City and his/her assistants, and every Alderman, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in

§ 115.050                                                          California City Code                                                                  § 115.090

 

the County, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State affecting Cities of this class, and the ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election, and before entering upon the discharge of the duties of his/her office, give bond to the City in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies belonging to the City, as provided by law, that may come into his/her hands.  If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his/her office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City to the use of such person.

 

 

SECTION 115.060:    SALARIES FIXED BY ORDINANCE

 

The Board of Aldermen shall fix the compensation of all the officers and employees of the City, by ordinance.  The salary of an officer shall not be changed during the time for which he/she was elected or appointed.

 

 

SECTION 115.070:    VACANCIES IN CERTAIN OFFICES─HOW FILLED

 

If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a  majority of the remaining members of the Board of Aldermen.  If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen.  The Board of Aldermen may adopt procedures to fill vacancies consistent with this Section.  The successor shall serve until the next regular municipal election.  If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.

SECTION 115.080:    POWERS AND DUTIES OF OFFICERS TO BE PRESCRIBED BY

ORDINANCE

 

The duties, powers and privileges of officers of every character in any way connected with the City Government, not herein defined, shall be prescribed by ordinance.  Bonds may be required of any such officers for faithfulness in office in all respects.

 

 

                                                                        ARTICLE II.  CITY CLERK

 

 

SECTION 115.090:    CITY CLERK─ELECTION─DUTIES

 

The Board of Aldermen shall elect a Clerk for such Board, to be known as "the City Clerk", whose duties and term of office shall be fixed by ordinance.  Among other things, the City Clerk shall keep a journal of the proceedings of the Board of Aldermen.  He/she shall safely and properly keep all

§ 115.090                                                          City Officers                                                                 § 115.140

 

the records and papers belonging to the City which may be entrusted to his/her care; he/she shall be the general accountant of the City; he/she is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the City.

 

 

                                                                        ARTICLE III.  CITY COLLECTOR

 

 

SECTION 115.100:    ELECTION

 

The City Collector shall be elected as set out in Section 105.020 of this Code.

 

 

SECTION 115.110:    DUTIES GENERALLY 

 

 

A.       The Collector shall perform all the duties specified in this Code and Missouri Statutes.

 

Compensation.  The City Collector shall receive as compensation for his/her services a fee or percentage, as may be fixed by ordinance.

SECTION 115.120:    COLLECTOR TO MAKE ANNUAL REPORT

 

The Collector shall, annually, at such times as may be designated by ordinance, make a detailed report to the Board of Aldermen, stating the various monies collected by him/her during the year, and the amounts uncollected and the names of the persons from which he/she failed to collect and the causes therefor.

 

 

SECTION 115.130:    RESERVED

 

 

                                                                        ARTICLE IV.  CITY ATTORNEY

 

 

SECTION 115.140:    CITY ATTORNEY

 

 

A.       Appointment.  The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have the power to appoint a City Attorney, who shall hold office until the first (1st) meeting of the Board of Aldermen following the municipal general election of each year.

 

B.        Compensation Schedule.  The City Attorney will receive for his or her services rendered to the City, the annual compensation of thirty thousand dollars ($30,000.00) payable every two (2) weeks.  Nothing herein shall be construed to mean that the City Attorney is a general employee.  The City Attorney will receive reimbursement for expenses (mileage, travel, postage, tolls, copies, facsimile charges, etc.).  Services performed, for which compensation is not included in the annual salary, shall be compensated on an hourly basis at the rate of ninety-five dollars ($95.00) per hour plus expenses.

 

C.        Duties. 

 

C.1.    The City Attorney of California, Missouri, shall not be a full-time position.

§ 115.140                                                          California City Code                                                                  § 115.150

 

Duties to be performed by the City Attorney for which compensation is included in the annual salary shall include the following:  preparation of ordinances, contract documents and easements at the request of the City; attendance at the regularly scheduled monthly meeting of the Board of Aldermen of the City; attendance (upon reasonable request and with timely notice) at such other meetings of the Board of Aldermen as may be appropriate (however, the City Attorney shall not be required to attend more than three (3) meetings per month); the City Attorney shall give advice and counsel to the Mayor, the Board of Aldermen and the executive officers of the City, relating to matters affecting and involving the City; the City Attorney shall prosecute  offenses in Municipal Court, and as necessary shall prosecute municipal offenses for which the trials are heard in the Circuit Courts (however, the annual compensation shall not include time spent on any matter proceeding to or involving trial by jury); the City Attorney shall provide advice and assistance to the Chief of Police in connection with the preparation of complaints for violations of this Code and other ordinances of the City.

ARTICLE V.  STREET DEPARTMENT

 

 

SECTION 115.150:    ESTABLISHMENT OF STREET DEPARTMENT

 

 

A.       There is hereby created a Street Department of the City of California, Missouri.

 

B.        The Mayor, with the advice and consent of a majority of the members of the Board of Aldermen of the City, shall have the power to appoint the Supervisor of the Street Department.

 

C.        The Supervisor of the Street Department shall have charge of all City streets, shall have charge of the construction and care of all public streets, alleys and drives in the City, and shall be charged with the keeping of the same clean and in good repair.  The Supervisor shall report at least monthly to the Mayor and the Aldermen as to the status of the streets, the financial standing of the Street Department, and the needs of the Department.  The Supervisor shall have such other duties as the Mayor and Board of Aldermen may from time to time determine.  (Ord. No. III-83 §§1—3, 11-7-77; Ord. No. 17.694 §§1—3, 9-5-00; Ord. No. 17.703 §§1—4, 5-17-01)

§ 115.160                                                          City Officers                                                                 § 115.170

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                                                                        ARTICLE VI.  SUPERINTENDENT OF UTILITIES

 

 

SECTION 115.160:    SUPERINTENDENT OF UTILITIES

 

 

A.       There is hereby created the office of Superintendent of Utilities, an executive office of the City of California, Missouri.  The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen shall have the power to appoint the Superintendent of Utilities.

 

B.        The Superintendent of Utilities shall have charge of the care of all utilities.

 

C.        His/her compensation for these additional duties will be determined by the Board of Aldermen from time to time.

 

Cross Reference—As to department of utilities, see §§700.020, et seq.

 

 

                                                                        ARTICLE VII.  PARKS DEPARTMENT

 

 

SECTION 115.170:    ESTABLISHMENT OF PARKS DEPARTMENT

 

 

A.       There is hereby created a Parks Department of the City of California, Missouri.

 

B.        The Mayor, with the advice and consent of a majority of the members of the Board of Aldermen of the City, shall have the power to appoint the Supervisor of the Parks Department.

 

C.        The Supervisor of the Parks Department shall have charge of all City parks and park programs, and shall report at least monthly to the Mayor and the Aldermen as to the status of the parks, the financial standing of the Parks Department, and the needs of the Department.  The Supervisor shall have such other duties as the Mayor and Board of Aldermen may from time to time determine.  (Ord. No. 17.705 §§1—4, 5-17-01)

 

 

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§ 115.180                                                          City Officers                                                                 § 115.220

 

                                                                        ARTICLE VIII.  CHIEF OF POLICE

 

 

SECTION 115.180:    CHIEF OF POLICE

 

 

A.       There is hereby created the office of Chief of Police, an executive office of the City of California, Missouri.  The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen shall have the power to appoint the Chief of Police.

 

B.        The Chief of Police shall perform all duties required by law and any other duties required of him/her by the Board of Aldermen.

 

C.        His/her compensation for these additional duties will be determined by the Board of Aldermen from time to time. 

 

 

                                                       ARTICLE IX.  FIRE CHIEF AND BUILDING INSPECTOR 

 

SECTION 115.190:    ESTABLISHMENT OF POSITION OF FIRE CHIEF

 

There is hereby established the position of Fire Chief for the City of California, Missouri, who shall be appointed by the Mayor with the consent and approval of a majority of the members of the Board of Aldermen, and authority is hereby extended pursuant to Section 115.020, to the Mayor to appoint said official according to said terms.  The Chief shall hold his/her office until removed, and may be removed as are other appointive officers.  (Ord. No. 17.687 §1, 11-1-99)

 

 

SECTION 115.200:    ESTABLISHMENT OF POSITION OF BUILDING INSPECTOR

 

There is hereby established the position of Building Inspector for the City of California, Missouri, who shall be appointed by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen, and authority is hereby extended pursuant to Section 115.020, to the Mayor to appoint said official according to said terms.  The Building Inspector shall hold his/her office until removed, and may be removed as are other appointive officers.  (Ord. No. 17.687 §2, 11-1-99)

 

 

SECTION 115.210:    DUTIES OF FIRE CHIEF─GENERALLY

 

The Fire Chief shall generally supervise and coordinate the work and operations of fire and rescue operations of the City (excluding law enforcement functions).  The Fire Chief shall have ex officio powers of the Chief of Police of the City at all fires.  (Ord. No. 17.687 §3, 11-1-99)

 

 

SECTION 115.220:    DUTIES OF BUILDING INSPECTOR─GENERALLY

 

The Building Inspector shall be charged with the inspection of buildings, building plans, and building construction for conformity to municipal and applicable national building codes, grant requirements, and other regulations, and the enforcement of such other codes as may be adopted by the City from time to time.  (Ord. No. 17.687 §4, 11-1-99)

 

§ 115.230                                                          California City Code                                                                  § 115.260

 

SECTION 115.230:    POSITION DESCRIPTION FOR POSITION OF FIRE CHIEF AND

BUILDING INSPECTOR

 

There shall be established a Position Description outlining the essential functions and typical examples of work performed, as well as establishing the minimum level of knowledge, skills and abilities for the position of Fire Chief and the position of Building Inspector.  This/these Position Description(s) may be revised from time to time as appropriate, and until such revision, shall be as set forth on Exhibits "A" and "B" of Ordinance No. 17.687, which shall be on file in the City offices.  (Ord. No. 17.687 §5, 11-1-99)

 

 

SECTION 115.240:    COMBINATION OF DUTIES AND ROLES

 

Upon the appointment of the Mayor with the advice and consent of a majority of the members of the Board of Aldermen, the same individual may be appointed to serve in the capacity of Fire Chief and Building Inspector.  (Ord. No. 17.687 §6, 11-1-99)

ARTICLE X.  MISCELLANEOUS PROVISIONS

 

 

SECTION 115.250:    OFFICERS TO REPORT RECEIPTS AND EXPENDITURES

 

It shall be the duty of all the officers of the City to report annually to the Board of Aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices, and such other matters as may be required by the Board of Aldermen by ordinance, resolution or otherwise.

 

 

SECTION 115.260:    MAYOR OR BOARD MAY INSPECT BOOKS AND RECORDS OF

OFFICERS

 

The Mayor or Board of Aldermen shall have power, as often as he/she or they may deem it necessary, to require any officer of the City to exhibit his/her accounts or other papers or records, and to make report to the Board of Aldermen, in writing, touching any matter relating to his/her office.

 

 

                                                                        CHAPTER 120:  CONFLICTS OF INTEREST

 

 

SECTION 120.010:    DECLARATION OF POLICY

 

The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government.  In recognition of these goals, this Chapter affirms the City's commitment to this policy and readopts a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City of California.  (Ord. No. 17.666 §1, 8-27-97; Ord. No. 17.666A §1, 8-2-99; Ord. No. 17.666B §1, 8-6-01; Ord. No. 2003-022 §1, 8-5-02; Ord. No. 2004-014 §1, 8-4-03; Ord. No. 2005-21 §1, 9-7-04)

 

 

SECTION 120.020:    CONFLICTS OF INTEREST

 

The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest, as defined by State law, in any bill shall disclose on the records of the Board of Aldermen the nature of his/her interest and shall disqualify himself/herself from voting on any matters relating to this interest.  (Ord. No. 17.666 §2, 8-27-97; Ord. No. 17.666A §2, 8-2-99; Ord. No. 17.666B §2, 8-6-01; Ord. No. 2003-022 §2, 8-5-02; Ord. No. 2004-014 §2, 8-4-03; Ord. No. 2005-21 §2, 9-7-04)

 

 

SECTION 120.030:    DISCLOSURE REPORTS

 

Each elected official, the Mayor, the Chief Purchasing Officer and the general counsel (if the general counsel is employed full-time in that capacity with the City of California) shall disclose the following information by May first (1st) if any such transactions were engaged in during the previous calendar year:

 

A.1.    For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision;

 

A.2.    The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision; and

 

The Mayor, the Chief Purchasing Officer (if any) also shall disclose by May first (1st) for the previous calendar year the following information:

A.1.a.    The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;

 

A.1.b.    The name and address of each sole proprietorship which he/she owned; the name, address and the general nature of the business conducted of each general partnership and joint

§ 120.030                                                          California City Code                                                                  § 120.050

 

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

 

A.1.c.    The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.  (Ord. No. 17.666 §3, 8-27-97; Ord. No. 17.666A §3, 8-2-99; Ord. No. 17.666B §3, 8-6-01; Ord. No. 2003-022 §3, 8-5-02; Ord. No. 2004-014 §3, 8-4-03; Ord. No. 2005-21 §3, 9-7-04)

 

 

SECTION 120.040:    FILING OF REPORTS

 

The reports, in a format which shall be on file in the City offices, shall be filed with the City Clerk and with the Secretary of State for all periods prior to January 1, 1993, and thereafter with the Ethics Commission.  The reports shall be available for public inspection and copying during normal business hours.  (Ord. No. 17.666 §4, 8-27-97; Ord. No. 17.666A §4, 8-2-99; Ord. No. 17.666B §4, 8-6-01; Ord. No. 2003-022 §4, 8-5-02; Ord. No. 2004-014 §4, 8-4-03; Ord. No. 2005-21 §4, 9-7-04)

 

 

SECTION 120.050:    FINANCIAL INTEREST STATEMENTS─WHEN FILED

 

The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year:

 

1.     Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment.

 

        2.    Every other person required to file a financial interest statement shall file the statement annually not later  than May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st); provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement.  (Ord. No. 17.666 §5, 8-27-97; Ord. No. 17.666A §5, 8-2-99; Ord. No. 17.666B §5, 8-6-01; Ord. No. 2003-022 §5, 8-5-02; Ord. No. 2004-014 §5, 8-4-03; Ord. No. 2005-21 §5, 9-7-04)

CHAPTER 125:  PERSONNEL

 

 

SECTION 125.005:    ADOPTION OF PERSONNEL HANDBOOK

 

 

A.       The City of California, Missouri, does hereby adopt in its entirety the Personnel Handbook, a true copy of the same is on file in the office of the City Clerk.

 

B.        The Personnel Handbook as adopted by the City shall not constitute a contract by and between the City and its employees or officers.  Further, that the City reaffirms specifically that all employees are "at will" employees, and that the adoption of the Personnel Handbook will not modify that relationship.  The handbook may be modified at any time by majority vote of the Board of Aldermen of the City.  (Ord. No. 17.660 §§1─2, 1-6-97; Ord. No. 2001-004 §1, 12-3-01; Ord. No. 2003-001 §1, 4-1-02)

 

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                                                                        CHAPTER 130:  BOARDS, COMMISSIONS AND COMMITTEES

 

 

                                                                        ARTICLE I.  GENERALLY

 

 

SECTION 130.010:    AUTHORITY TO ESTABLISH STANDING AND AD HOC COMMITTEES

 

 

A.       The Mayor, with the advice and consent of a two-thirds (2/3) majority of the Board of Aldermen of the City of California, Missouri, does hereby have the authority to establish certain standing and ad hoc committees to serve the needs of the citizens of California, Missouri, as may be necessary and in the best interests of the City. 

 

B.        Authority to make appointment to said committees is granted to the Mayor and the Board of Aldermen.  Appointments by the Board must be by motion and approved by a two-thirds (2/3) vote of the Board of Aldermen.  Appointments by the Mayor must be approved by a two-thirds (2/3) majority of the Board of Aldermen.  Any ad hoc committees shall be established for an indefinite period, but shall terminate at such time that the issue or matter to be addressed has been resolved, or at such time that the committee has made its recommendation to the Mayor and Board as to an issue and no further action on the part of the committee is necessary, or at such time that the committee is dissolved.  (Ord. No. 17.689 §§1, 4, 12-6-99)

 

 

SECTION 130.020:    ESTABLISHMENT OF CERTAIN STANDING COMMITTEES

 

 

A.       Standing committees of the City of California, Missouri, are established with the goal that said committees will advise and make recommendations to the Mayor and Board of Aldermen pertaining to the operation of the respective City department(s).

 

B.        There are hereby established the following standing committees:

 

B.1.    Finance/Budget Committee.  The Finance/Budget Committee shall act to review the finances and budget of the City, make recommendations as to investments, adoption of investment policies, and cash control procedures, work toward the prudent, orderly and efficient management of the City's resources, and make such recommendations as to any other matter relating to the finances of the City.

 

Fire/Police Committee.  The Fire/Police Committee shall act, generally, as a liaison between the Fire and Police Department and the Mayor and Board of the City as to matters impacting or involving said departments.  The committee shall make recommendations as to personnel requirements and needs, general procedures and policies of the department as developed in coordination with City staff, to develop short- and long-term plans and goals for said departments to be submitted to the Mayor and Board for approval, to assist in determining budgetary needs of the departments, and to consider all petitions, requests, or suggestions concerning the department and to make recommendations to the City concerning same and as to any other matter relating to the finances of the City.

A.1.    Park Committee.  The Park Committee shall act, generally, as a liaison between the Park Department and the Mayor and Board of the City as to matters impacting or involving said department and the park and recreational facilities and operations of the City, including the ballfields and the cemetery, and shall make recommendations to the Mayor and Board as to any such matters.  The Committee may formulate and recommend the adoption of rules and

§ 130.020                                                          California City Code                                                                  § 130.030

 

regulations for the operation and management of the parks, consistent with the terms and conditions of any instrument of conveyance relating to such parks and other ordinances of the City.

 

A.2.    Personnel Committee.  The Personnel Committee shall review and make recommendations (to the Mayor and Board) as to matters pertaining to personnel guidelines, policies, salary proposals and personnel issues involving or impacting employees and officials of the City of California.  The Personnel Committee shall conduct interviews of prospective employees as often as is necessary for the good of the City and as required by the operations of the City.

 

The Personnel Committee shall formulate and recommend the adoption of such rules and regulations as may be reasonably necessary for the efficient operation of the City and the qualification and appointment of qualified City employees.

 

A.3.    Street Committee.  The Street Committee shall consider and make recommendations to the Mayor and Board as to issues impacting or involving the streets and thoroughfares of the City and transportation issues.  These issues shall include, but shall not be limited to recommendations as to speed limits, parking zones, crosswalks, traffic control devices, motor vehicle, and traffic and parking regulations which may promote traffic safety or decrease traffic congestion, the development of a master plan for street improvements and traffic control, the development of a short-term and long-term capital improvement plan, the recommendation as to annual street improvements, including overlay and chip and seal expenditures, and recommendations as to all matters affecting or impacting the operation of the street department and the development and maintenance of a safe and efficient transportation system.

 

Utilities/Building Maintenance Committee.  The Utilities/Building Maintenance Committee shall oversee the maintenance of the facilities owned and operated by the City and make recommendations to the Mayor and Board concerning maintenance, improvement, and use of the same.  The Committee shall consider and make recommendations to the Mayor and Board as to all issues impacting or involving the operation of the utilities of the City, including water, sewer, trash and electric operations and departments.  (Ord. No. 17.689 §2, 12-6-99)

SECTION 130.030:    MEMBERS─APPOINTMENTS─RULES─PROCEDURES OF STANDING COMMITTEES

 

Each standing committee shall consist of at least three (3) members of the Board of Aldermen of the City of California; each of these three (3) Aldermen shall represent different wards of the City.  Each member shall be appointed for a term of one (1) year.  Each appointment of an Aldermen to the Board shall be made by the Mayor, with the advice and consent of a two-thirds (2/3) majority of the Board.  The Mayor of the City shall serve and represent the City on all standing committees.  In addition to the above members of the committee, the Mayor and Board may appoint other members to the committee, as the Mayor and Board deem appropriate and in the best interests of the City.  All members of the committee shall be residents of the City, absent variance from this Article as approved by the Mayor and Board.  All members of the committee shall serve without compensation.  The committee may choose to adopt rules and procedures as it believes are reasonably necessary for expeditious transaction of its business affairs and which are in conformance with the Missouri law and with City policy.  However, a majority of the voting members shall constitute the minimum quorum for the transaction of business.  Subject to the limitations imposed by a budget approved by the City, the committee may request and shall receive the cooperation of City officials and City employees to the extent reasonably possible in providing it assistance for the furtherance of its duties.  (Ord. No. 17.689 §3, 12-6-99)

A.       Funds.

 

A.1.    All funds of the Park Board shall be kept in the Park Board account by the City Clerk and shall be disbursed by the City Clerk.

 

A.2.    The Park Board may authorize the City Clerk to pay any expenditures or purchase on behalf of the Park Board where the expenditure is less than five hundred dollars ($500.00) and said expenditure or purchase is included in the annual budget approved by the Board of Aldermen. Expenditures for items for excess of five hundred dollars ($500.00) or which are not included in the approved Park Board budget must be approved by the Board of Aldermen prior to the obligation of Park Board or City funds.

 

B.        Meetings.

 

B.1.    The City Park Board shall meet monthly.

 

B.2.    Minutes of each meeting of the City Park Board shall be submitted to the Board of Aldermen prior to its next regular meeting.  (Ord. No. 11.001 §§1—4, 5-27-86)

 

Editor's Note—This ord. no. 11.001 was repealed by ord. no. 17.694, however, at the time of codification this ordinance was reinserted and readopted with said codification.

§ 130.050                                                          California City Code                                                                  § 130.050

 

SECTION 130.050:    SYSTEM OF VOLUNTARY CONTRIBUTIONS TO THE PARK BOARD FOR CERTAIN IMPROVEMENTS

 

 

Any person who so desires to voluntarily contribute to the improvement of the park facilities of the City of California shall be entitled to do so, and one means of doing so shall be to indicate the amount of such contribution, or the desire to make such contribution, on the monthly utilities statement as billed by the Department of Utilities, and all monies received by the City of California in payment of said bills which represent a voluntary contribution as indicated thereon shall be deposited into a separate and segregated fund to be separately accounted for, which monies shall then be used and administered by or at the direction of the California City Park Board subject to the approval of the Board of Aldermen of the City of California, for improvements to the Park System of the City of California.  No funds voluntarily contributed by the citizens of California through this program shall be used solely for purposes of maintenance.

SECTION 135.050:    VACATION OF OFFICE

 

The Municipal Judge shall vacate his/her office under the following circumstances:

 

 

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

 

 .2.     Upon attaining his/her seventy-fifth (75th) birthday; or

 

 .3.     If the Municipal Judge is not licensed to practice law.  (Ord. No. 10.101 §2(E), 10-6-78)

 

§ 135.060                                                          California City Code                                                                  § 135.090

 

SECTION 135.060:    QUALIFICATIONS FOR OFFICE

 

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

 

 

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

 

 .2.     He/she shall be a resident of the State of Missouri.

 

 .3.     He/she shall be between the ages of twenty-one (21) and seventy-five (75) years.

 

 .4.     He/she shall not hold any other office with the City Government.  (Ord. No. 10.101 §2(F), 10-6-78; Ord. No. 10.102 §1, 5-7-79)

 

 

SECTION 135.070:    SUPERINTENDING AUTHORITY

 

The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part, and to the rules of the State Supreme Court.  The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.  (Ord. No. 10.101 §2(G), 10-6-78)

SECTION 135.080:    REPORT TO BOARD OF ALDERMEN

 

The Municipal Judge shall cause to be prepared within the first (1st) ten (10) days of every month a report indicating the following:

 

A list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the names of the defendants committed and the cases where there was an application for trial de novo, respectively.  The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge.  This report will be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first (1st) session thereafter.  The Municipal Court Clerk shall pay the Municipal Treasurer the full amount of all fines collected during the preceding months.  The Police fines should be deposited in the Police Fine Funds.  (Ord. No. 10.101 §2(H), 10-6-78)

 

 

SECTION 135.090:    DOCKET AND COURT RECORDS

 

The Municipal Judge shall be a conservator of the peace.  He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required.  Such docket and records shall be records of the Circuit Court of Moniteau County.  The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit.  (Ord. No. 10.101 §2(I), 10-6-78)

§ 135.100                                                          Municipal Court                                                                         § 135.130

 

SECTION 135.100:    MUNICIPAL JUDGE─POWERS AND DUTIES GENERALLY

SECTION 135.120:    ISSUANCE AND EXECUTION OF WARRANTS

 

All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County.  The warrant shall be executed by the Marshal, Chief of Police, Police Officer, or Sheriff any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be served in other Counties, as provided for in warrants in criminal cases.  (Ord. No. 10.101 §3(C), 10-6-78)

 

 

SECTION 135.130:    ARRESTS WITHOUT WARRANTS

 

The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the

§ 135.130                                                          California City Code                                                                  § 135.180

 

trial file a written complaint with the Judge hearing violations of municipal ordinances.  (Ord. No. 10.101 §3(D), 10-6-78)

 

 

SECTION 135.140:    JURY TRIALS

 

Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge.  Whenever a defendant accused of a violation of a municipal ordinance has a right to a trial by jury and demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.  (Ord. No. 10.101 §3(E), 10-6-78)

 

 

SECTION 135.150:    DUTIES OF THE CITY'S PROSECUTING ATTORNEY

 

It shall be the duty of an attorney designated by the municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances.  The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City.  The compensation of such attorney shall not be contingent upon the result in any case.  (Ord. No. 10.101 §3(F), 10-6-78)

SECTION 135.160:    SUMMONING OF WITNESSES

 

It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary.  The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case.  When a trial shall be continued by a Municipal Judge it shall not be necessary to summon any witnesses who may be present at the continuance but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case, and enter the name of such witnesses on his/her docket, which oral notice shall be valid as a summons.  (Ord. No. 10.101 §3(G), 10-6-78)

 

 

SECTION 135.170:    TRANSFER OF COMPLAINT TO ASSOCIATE CIRCUIT JUDGE

 

If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.  (Ord. No. 10.101 §3(H), 10-6-78)

 

 

SECTION 135.180:    JAILING OF DEFENDANTS

 

If in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a Warrant of Commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law.  The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody.  The same shall be taxed as cost.  (Ord. No. 10.101 §3(I), 10-6-78)

SECTION 135.200:    RIGHT OF APPEAL

 

In any case tried before a Municipal Judge who is licensed to practice law in this State or before an Associate Circuit Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or upon assignment before an Associate Circuit Judge.  An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rule.

 

 

SECTION 135.210:    APPEAL FROM JURY VERDICTS

 

In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellant Court.  (Ord. No. 10.101 §3(L), 10-6-78)

 

 

SECTION 135.220:    BREACH OF RECOGNIZANCE

 

In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and

§ 135.220                                                          California City Code                                                                  § 135.250

 

the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff.  Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge, and in the event of cases caused to be prosecuted by a Municipal Circuit Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge.  All monies recovered in such actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.  (Ord. No. 10.101 §3(M), 10-6-78)

 

 

SECTION 135.230:    DISQUALIFICATION OF MUNICIPAL JUDGE FROM

HEARING PARTICULAR CASE

 

A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge.  Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.  (Ord. No. 10.101 §3(N), 10-6-78)

SECTION 135.240:    TEMPORARY MUNICIPAL JUDGE

 

 

class=Section2>

A.       The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the Circuit to act as a special Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting.  The Presiding Judge shall act only upon request of the Mayor for a special Municipal Judge.

 

B.        The Board of Aldermen of the City shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.

 

 

SECTION 135.250:    COURT CLERK OF MUNICIPAL COURT

 

 

A.       The City Collector is hereby designated as the Clerk of the Municipal Court and the Traffic Violations Clerk, the duties of said Clerk shall be as follows:

 

A.1.    To collect such fines for violations of such offenses as may be described, and the Court costs thereof.

 

A.2.    To take oaths and affirmations.

 

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

 

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

 

A.5.    Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Violations Bureau.

 

A.1.    Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.

 

A.2.    Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the municipality which shall constitute prima facie evidence of such ordinance before the Court.  Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.

 

B.        Additional Duties.  The Duties of the Municipal Court Clerk of the City of California shall include the administration and oversight, including the necessary assignment, monitoring, and paperwork related thereto, of the Community Service Program of the Municipal Court of the City of California.  These additional duties shall be assumed by the Municipal Court Clerk of the City of California effective April 1, 1996.

 

C.        The Clerk of the Municipal Court shall be required to fulfill his/her duties in a regular work week.  (Ord. No. 10.101 §4, 10-6-78; Ord. No. 10.107 §§2─3, 4-6-81; Ord. No. 10.113 §§1─2, 5-6-96)

 

 

SECTION 135.260:    COURT COSTS

 

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

 

 

class=Section2>

 .1.     Costs of Court in the amount of twelve dollars ($12.00).

 

 .2.     Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.

 

a.    Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo.  The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City.  Any excess funds shall be transmitted quarterly to the City's General Fund.

 

b.    One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.

 

 .3.     Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.

 

 .4.     Jail board bill shall be based upon the schedule adopted by the County Commission.

 

 .5.     Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court. 

 

 .6.     Motorcycle safety fee.  Any person who violates a Missouri law or a municipal or County ordinance as an operator of a motorcycle or motortricycle shall be assessed an additional Court

§ 135.260                                                          California City Code                                                                  § 135.260

 

cost of five dollars ($5.00).  Any motor vehicle operator who violates a State law or municipal or County ordinance where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall be assessed additional Court cost of five dollars ($5.00).  Each Court cost assessed under the Section shall be doubled if the operator at fault violated any State law or local ordinance relating to the consumption of alcohol.  The Court cost collected under this Section by the Clerks of the Courts shall be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund created in this Section.

 .1.     Crime Victims' Compensation Fund.

 

 .1.a.    There shall be assessed as costs in each Court proceeding for infraction or violation of any municipal ordinance, a fee of seven dollars fifty dollars ($7.50) except that no such fee shall be collected for violations of any provision of Chapter 252, RSMo., or any rule or regulation adopted under Chapter 252, RSMo., for any non-moving traffic violations, except violations of weight and safety laws, and no such fee shall be collected in any proceeding in any Court when the proceeding or defendant has been dismissed by the Court or when the costs are to be paid by the City of California on behalf of an indigent defendant.

 

 .1.b.    This fee is established pursuant to and in accordance with Section 595.045, RSMo.

 

 .1.c.    The monies collected by the Clerk of the City of California Municipal Court pursuant to this Subsection (8) shall be paid at least monthly, as follows:

 

 .1.c.(1)    Ninety-five percent (95%) of each such fee shall be paid to the Director of Revenue of the State of Missouri; and

 

 .1.c.(2)    Five percent (5%) of each such fee shall be paid into the City Treasury of the City of California, Missouri. 

 

 .2.     Reimbursement of cost for alcohol- and drug-related offenses.

 

 .2.a.    Upon a plea of guilty, finding of guilt or conviction for a first (1st) violation of the provisions of any of the ordinances involving alcohol- or drug-related offenses, including but not limited to the following ordinances of the City of California, Missouri, to-wit:  342.020, 342.030, 342.050, 600.100, (alcohol- or drug-related traffic offenses), the Court may, in addition to the imposition of any penalties provided by law, order the person to reimburse the law enforcement agency which made the arrest for the costs associated with such arrest.

 

 .2.b.    Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.

 

 .2.c.    The Chief of Police and the office of the Prosecuting Attorney of the City of California may establish a schedule of such costs for submission to the Municipal Court; however, the Judge of the Municipal Court may order the costs reduced in a particular case if he/she determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.

 

 .2.d.    These fees shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as the other costs and fees are collected and

§ 135.260                                                          Municipal Court                                                                         § 135.280

 

remitted to the City Treasurer.  These costs are not intended to be assessed in lieu of a fine against the defendant and shall be assessed in every case wherein there is a plea of guilty or a finding of guilty or a conviction of the City of California involving alcohol- or drug-related traffic offenses.

SECTION 135.280:    INSTALLMENT PAYMENT OF FINE

 

When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of fine on an installment basis under such terms and conditions as he/she may deem appropriate.  (Ord. No. 10.101 §7, 10-6-78)

§ 135.290                                                          California City Code                                                                  § 135.290

 

SECTION 135.290:    ALCOHOL AND DRUG EDUCATION, TRAINING AND ENFORCEMENT FUND

 

 .           Establishment Of Account.  There is hereby established an account of the City of California, to be titled the "Alcohol and Drug Education, Training, and Enforcement Fund," hereinafter "Account".

 

A.       Purpose.  The City has established the Alcohol and Drug Education, Training, and Enforcement Fund after recognizing the need for continued and increased education and training of the City Police Officers, as well as education of the residents of the community as to the risks inherent with drug and alcohol use and abuse.  It is further the intent of the Board of Aldermen of the City of California that these funds be used in the implementation of an increased level of enforcement of drug and alcohol ordinances and laws.

 

B.        Funding Of Account.  The initial funds to be deposited in the Alcohol and Drug Education, Training, and Enforcement Fund shall be drawn from the Police Fines Account of the City of California, and shall be in the amount of five thousand dollars ($5,000.00).  In the future, all funds received by the City of California pursuant to that Statute of the State of Missouri which permits the City of California to charge defendants for the cost or charges associated with an alcohol related arrest, will be deposited into the account.  This shall not be deemed to include any fine assessed as a penalty for said violation, nor shall it be deemed to include those Court costs assessed pursuant to other statutory authority.

 

Disbursement Of Fund.  The monies in the Alcohol and Drug Education, Training, and Enforcement Fund shall be utilized in the education, and training of the law enforcement personnel, as well as the education of the citizens of the City of California, as to the risks inherent in the use and abuse of alcohol and drugs, and the monies shall also be utilized in the enforcement of the laws of the City of California relating primarily to the use and abuse of alcohol or drugs, as may be deemed appropriate by the Mayor and Chief of Police of the City of California.  Said funds may only be disbursed upon the signature of the Mayor and the Chief of Police of the City of California.  (Ord. No. 10.110 §4, 11-4-91)

CHAPTER 140:  FINANCE AND TAXATION

 

 

                                                                        ARTICLE I.  CITY PURCHASES

 

 

SECTION 140.010:    PURCHASING PROCEDURES

 

 

A.       Competitive bids be and hereby are required for any and all purchases by the City of California, Missouri, which total the sum of one thousand dollars ($1,000.00), or more, with such exceptions and in the manner herein provided.

 

B.        Any officer or employee of said City, being empowered by said City to make purchases under the purview of this Section, shall obtain, prior to making any purchase hereunder, a minimum of two (2) signed bids therefor.  In the event that only one (1) bid can be obtained, the person seeking such bids shall so state, in writing, and shall specify those parties contacted who refused to bid thereon, unless such bids were publicly advertised for, in which case the person seeking such bids shall so state.

 

C.        In the event no bids can be obtained, as required herein, the Board of Aldermen, by resolution, may authorize the negotiation for and approve the purchase of any goods required by said City.

 

D.       In the event of any emergency which shall make it impractical to comply with the provisions of this Section, such purchases as are necessary may be made without bids, and the person making such purchases shall execute a written statement of the emergency and the necessity of such purchase and he/she shall file the same with the City Treasurer.

 

E.        All bids required herein may be obtained in any reasonable manner which is likely to insure that said City shall receive the best price possible for the goods so purchased, in a manner which is fair to all likely suppliers of such goods.

 

All bids obtained as herein required shall be filed with the City Treasurer and the Treasurer shall not be empowered to pay out any funds or monies of said City for any purchases falling within the purview of this Section unless and until all bids and written statements required herein are so filed with him/her.  (Ord. No. 1.200 §§1─6, 4-6-81; Ord. No. 1.300 §§1─6, 8-1-88)

ARTICLE II.  RESERVED

 

 

SECTION 140.020:    RESERVED

 

 

                                                                        ARTICLE III.  RESERVED

 

 

SECTION 140.030:    RESERVED

 

§ 140.040                                                          California City Code                                                                  § 140.050

 

                                                                        ARTICLE IV.  MISCELLANEOUS PROVISIONS

 

 

SECTION 140.040:    RECOVERY OF COSTS BY CITY FOR DISHONORED CHECKS

PRESENTED TO CITY

 

 

A.       The City Clerk, the City Collector, and the Municipal Court Clerk of the City of California, Missouri, are hereby authorized to collect the sum of twenty dollars ($20.00) from that person or persons, or any entity making payment for any service, good, tax, or item provided by or assessed by or in the name of the City of California, Missouri, when that payment is made by personal check and the check is later dishonored.  This assessment shall not be considered or deemed a fee or tax assessed by the City; but rather shall be and is deemed a recovery of the cost of the time and expense incurred and/or paid by the City when the City is presented with a personal check which is later dishonored.

 

B.        A check shall be considered dishonored (and the cost in the amount of twenty dollars ($20.00) recoverable by the City) when the check would be dishonored pursuant to the provisions of Section 400.3-502, RSMo.  Notice of dishonor must be given if required pursuant to Section 400.3-503, RSMo., and may be given, if required, pursuant to any method authorized in Section 400.3-503, RSMo.

 

The City Clerk, City Collector, or Municipal Court Clerk may, upon presentment of a check later dishonored, deem in his/her discretion that payment for the services or goods rendered by the City (for which payment had been attempted by the dishonored check) had not been made, and may proceed, pursuant to the ordinances of the City of California, as though payment had not been made.  (Ord. No. 9.118 §§1─3, 10-4-93)

       ARTICLE V.  ASSESSMENT AND COLLECTION OF CITY REVENUE

 

 

SECTION 140.050:    ASSESSMENT OF PROPERTY─COUNTY CLERK TO DELIVER

ABSTRACT─LIEN FOR TAXES

 

 

A.       The assessments of City property made by the City and County assessors shall conform to each other and after the Board of Equalization has passed upon and equalized the assessment, the City Assessor's books shall be corrected in red ink in accordance with the changes made by the Board of Equalization and so certified by the Board and returned to the Board of Aldermen.

 

B.        The County Clerk shall deliver to the Mayor, on or before the first (1st) day of October of each year, a certified abstract from his/her assessment books of all property within the City subject to taxation by the State and the assessed value thereof as agreed upon by the Board of Equalization.  The Mayor shall immediately transmit the abstract to the Board of Aldermen which shall establish by ordinance the rate of taxes for the year.

 

C.        A lien is hereby created in favor of the City against any lot or tract of land for any such tax assessed by any such City against the lot or tract of land, which lien shall be superior to all other liens or encumbrances except the lien of the State for State, County, or school taxes.

§ 140.060                                                          Finance And Taxation                                                                § 140.110

 

SECTION 140.060:    BOARD TO PROVIDE FOR LEVY AND COLLECTION OF TAXES─

FIX PENALTIES

 

The Board of Aldermen shall, from time to time, provide by ordinance for the levy and collection of all taxes, licenses, wharfage and other duties not herein enumerated, and for neglect or refusal to pay the same, shall fix such penalties as are now or may hereafter be authorized by law or ordinance.

 

 

SECTION 140.070:    BOARD TO FIX RATE OF LEVY

 

The Board of Aldermen shall, within a reasonable time after the Assessor's books of each year are returned, ascertain the amount of money to be raised thereon for general and other purposes, and fix the annual rate of levy therefor by ordinance.

 

 

SECTION 140.080:    BOARD TO PERFECT ILLEGAL LEVY

 

In case the corporate authorities of the City have attempted to levy any tax or assessment for improvements, or for the payment of interest or coupons on bonds issued and outstanding, or other evidences of debt, which tax or assessment may be informal, illegal or void in consequence of a failure to comply with the requirements of law, the Board of Aldermen shall have power to relevy and reassess any such tax or assessment in manner provided in Sections 94.190 to 94.330, RSMo.

SECTION 140.090:    LICENSES FIXED BY ORDINANCE─SIGNED BY MAYOR AND COLLECTOR

 

All license tax shall be regulated by ordinance, and no license shall be issued until the amount prescribed therefor shall be paid to the City Collector, and no license shall in any case be assigned or transferred.  Licenses shall be signed by the Mayor and Clerk and countersigned by the Collector, and the Clerk shall affix the corporate seal thereto.

 

 

SECTION 140.100:    BOARD SHALL NOT EXEMPT ANY PERSON FROM ANY TAX

 

The Mayor and Board of Aldermen shall have no power to release any person from the payment of any tax, or exempt any person from any burden imposed by law.

 

 

SECTION 140.110:    MAXIMUM RATE OF TAX─HOW INCREASED─EXTENSION OF PERIOD OF INCREASE

 

A.    All Cities of the Fourth Class in this State may by City ordinance levy and impose annually for municipal purposes upon all subjects and objects of taxation within such Cities a tax which shall not exceed the maximum rate of one dollar on the one hundred dollars assessed valuation.

    

B.    The maximum rate of taxation for general municipal purposes may be increased for not to exceed four (4) years at any one time when the rate and purpose of such increase are submitted to a vote and two-thirds (2/3) of the voters voting thereon vote in favor of the increase, but the increase so voted shall be limited to a maximum rate of taxation not to exceed thirty cents ($.30) on the one hundred dollars ($100.00) assessed valuation.  The Board of Aldermen of such Cities may submit

§ 140.110                                                          California City Code                                                                  § 140.140

 

the question, and the question shall be submitted by the Board of Aldermen when petitioned therefor by voters equaling in number five percent (5%) or more of the voters of such Cities voting for Mayor at the last election at which a Mayor was elected.

    

C.    The question shall be submitted in substantially the following form:

    

Shall there be a            cent increase in tax levy on one hundred dollars ($100.00) valuation for general municipal purposes for                years in the City of California?

    

D.        If the increase in levy is voted, the increased levy shall be effective for the number of years designated, and no longer, but such Cities through their Boards of Aldermen may submit proposals for continuing the increase of levy at any time for like periods not to exceed four (4) years each.

SECTION 140.120:    LEVY FOR SPECIAL PURPOSES─MAXIMUM AMOUNT OF LEVY

 

In addition to the levy aforesaid for general municipal purposes, all Cities of the Fourth Class are hereby authorized to levy annually not to exceed the following rates of taxation on all property subject to its taxing powers for the following special purposes:

    

1.     For library purposes in the manner and at the rate authorized under the provisions of Sections 182.140 to 182.301, RSMo.;

    

2.     For hospital, public health, and museum purposes, twenty cents ($.20) on the one hundred dollars ($100.00) assessed valuation; and

    

3.     For recreation grounds in the manner and at the rate authorized under the provisions of Sections 90.500 to 90.570, RSMo.

 

 

SECTION 140.130:    POWER TO LICENSE, TAX AND REGULATE CERTAIN BUSINESSES AND OCCUPATIONS

 

The City shall have the power and authority to regulate and to license, and to levy and collect a license tax on all persons and entities as permitted under the laws of the State of Missouri, specifically Section 94.270, RSMo.

 

Cross Reference—As to business licenses, see title VI.

 

 

SECTION 140.140:    CITY CLERK TO MAKE TAX BOOKS─CHARGE COLLECTOR

 

When the Board of Aldermen shall have fixed the rate of taxation for any given year, the City Clerk shall make out appropriate and accurate tax books, and shall therein set out in suitable columns, opposite the name of each person and the item of taxable property, as returned by the Assessor and Board of Equalization, the amount of taxes, whether general or special, due thereon, and shall charge the Collector with the full amount of taxes levied and to be collected; the Clerk shall also charge the City Collector with all licenses and other duties of all kinds to be collected.

 

§ 140.150                                                          Finance And Taxation                                                                § 140.190

 

SECTION 140.150:    TAXES DELINQUENT JANUARY FIRST

 

Upon the first (1st) day of January of each year all unpaid City taxes shall become delinquent, and the taxes upon real property are hereby made a lien thereon.

 

 

SECTION 140.160:    HOW PAYMENT OF TAXES ENFORCED─SUITS, HOW BROUGHT

 

The enforcement of all taxes authorized by Sections 94.190 to 94.330, RSMo., shall be made in the same manner as is provided by law for the collection and enforcement of the payment of State and County taxes, including the seizure and sale of goods and chattels after the taxes become delinquent.  Where applicable in Chapter 140, RSMo., the term "County" shall be construed "City", the term "County Clerk" shall be construed "City Clerk", and the term "County Collector" shall be construed "City Collector" or other proper officer collecting taxes in the City.

§ 140.190                                                          California City Code                                                                  § 140.220

 

regulations of the Director of Revenue issued pursuant thereto.  The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of California, Missouri, if such property and taxable services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.525, RSMo.  The tax shall become effective as provided in Subsection 4 of Section 94.510, RSMo., and shall be collected pursuant to the provisions of Sections 94.500 to 94.570, RSMo.  (Ord. No. 6.221 §1, 7-1-85)

 

 

SECTION 140.200:    CITY SALES TAX ON RESIDENTIAL UTILITY SERVICE

 

 

A.       A municipal sales tax be imposed upon all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil used for domestic use only imposed within the corporate limits of this municipality.

 

B.        The rate of taxation shall be, as heretofore, one percent (1%).  (Ord. No. 6.222 §§1─2, 7-1-85)

 

 

                                                                        ARTICLE VII.  MISCELLANEOUS PROPERTY TAX PROVISIONS

 

 

SECTION 140.210:    TAX LEVIED FOR ESTABLISHING AND MAINTAINING

FREE PUBLIC PARKS

 

 

A.       There be and there is hereby levied a tax of 2.0 mills on each one dollar ($1.00) assessed valuation on all property subject to general taxation in the City of California, Missouri, for the establishment and maintenance for the free public parks in said City of California, Missouri, and providing for suitable entertainment.

 

B.        There be and hereby is created and established in the hands of and in charge of the City Treasurer of the City of California, Missouri, for the sole use and purpose set forth in Subsection (A), fund to be known as the "Park Fund" into which said fund the City Collector shall pay all the aforesaid tax.  (Ord. No. 6.201 §§1─2, 6-15-70)

 

 

SECTION 140.220:    ESTABLISHING LEVEL OF PROPERTY TAX ABATEMENT

AVAILABLE TO NEW OR EXPANDING BUSINESSES LOCATED

IN ENTERPRISE ZONE

 

 

New improvements to real property owned by a revenue producing business located in the Enterprise Zone, provided the said business meets all criteria set forth in the applicable Statutes of the State of Missouri which permit the business to qualify for the benefits of Enterprise Zone designation, shall become and remain exempt from assessment and payment of taxes as follows:

A.1.    Retail and service entities (as defined as of this date pursuant to Standard Industrial Classification) shall receive a fifty percent (50%) abatement of said property tax(es).  This abatement shall be granted for a maximum period of ten (10) consecutive years commencing on the date of original designation of the Enterprise Zone, and expiring ten (10) years after that date.  Those (qualified) new and/or expanding retail and service entities which commence operation subsequent to the date of the designation of the Enterprise Zone shall receive the abatement of property taxes for a period of time until the original ten (10) year abatement period (which commenced on the date of designation of the Enterprise Zone) expires.

§ 140.220                                                          Finance And Taxation                                                                § 140.220

class=Section3>

 

A.2.    All other new and/or expanding business entities or concerns (located within the Enterprise Zone boundaries and which qualify for Enterprise Zone benefits according to the Statutes of the State of Missouri) shall receive an abatement of one hundred percent (100%) of real property taxes assessed by the City of California for a period of twenty-five (25) years from the date that entity or concern commences operation, or until the date on which the Enterprise Zone designation expires.

 

B.        The City Clerk of the City of California is hereby ordered to cause three (3) certified copies of this ordinance to be filed with the office of the Moniteau County Clerk.  (Ord. No. 6.102 §§1─2, 2-22-91)

 

 

 

                                                                        CHAPTER 145:  CITY CEMETERY

 

 

                                                                        ARTICLE I.  GENERAL PROVISIONS

 

 

SECTION 145.010:    CITY CEMETERY DESIGNATED

 

All that tract or piece of ground conveyed by Samuel B. Thomas and wife, by deeds recorded in Book "M", on pages 160 and 361, of the deed records of Moniteau County, to the City of California, to be used for a cemetery or burial ground is hereby set apart for the burial of the dead, and shall be known and designated as the City Cemetery.  (Ord. No. 11.100 §1, 7-15-07)

 

 

SECTION 145.020:    PERPETUAL CARE CEMETERY FUND

 

 

There is hereby created a special fund in the City Treasury to be known as "Perpetual Care Cemetery Fund".  One-half (½) of the income derived from the sale of lots in the City Cemetery shall be placed to the credit of such fund and along with any other monies donated for such purpose shall constitute the principal of such fund.

A.       Owners of lots who were previously restricted (under previous Subsection (A) from Ord. No. 11.104) to the use of flat stones (i.e., not above the natural ground level) shall be permitted to use grave markers in a flat or upright position.

 

B.        Any person, firm or corporation violating the terms of this Section shall on conviction thereof be deemed guilty of a misdemeanor and punished by a fine of not less than one dollar ($1.00) and not more than one hundred dollars ($100.00).  Each day that the violation continues shall be considered a separate and distinct offense.  (Ord. No. 11.104 §§1─2, 3-2-59; Ord. No. 2003-013 §§1─2, 7-8-02)

§ 145.040                                                          California City Code                                                                  § 145.070

 

SECTION 145.040:    PLANTING OF FLOWERS, TREES AND SHRUBS PROHIBITED

 

 

A.       From and after June 1, 1959, it shall be unlawful for any person, firm or corporation to plant or cause to be planted any flower, tree or shrub in the City Cemetery of the City of California.

 

B.        Any person, firm, or corporation violating the provisions of this Section shall upon conviction be punished by fine of not less than one dollar ($1.00) nor more than one hundred dollars ($100.00).  (Ord. No. 11.105 §§1─2, 6-1-59)

 

 

SECTION 145.050:    CEMETERY LOTS

 

 

A.       The sale price for all cemetery lots offered for sale and sold by the City of California, Missouri, shall be the sum of one hundred fifty dollars ($150.00) per lot, which sum shall be deemed to include a one-time maintenance fee.

 

B.        The size and location of cemetery lots shall be as designated on a plat of the City Cemetery on file in the office of the City Clerk of the City of California, Missouri.  (Ord. No. 11.106 §2, 9-6-66; Ord. No. 11.106A §1, 11-2-92)

 

 

SECTION 145.060:    EXCAVATION PERMIT

 

 

No person, association or corporation shall dig or cause any excavation to be done in the City Cemetery without first obtaining a permit for same.

A.       Any person, association or corporation applying for an excavation permit in the City Cemetery shall first satisfy the City Clerk that the excavation will be for a lawful purpose.

 

B.        The excavation permits that are issued by the City Clerk will be of two (2) types:  a one-time permit or an annual permit.  The fee for a one-time permit shall be fifty dollars ($50.00) and the fee for the annual permit shall be two hundred dollars ($200.00).

 

C.        After the applicant for the permit has made deposit of the appropriate fee and has been issued a permit and has completed his/her excavation in the cemetery, he/she shall be entitled to a refund of ninety percent (90%) of the permit fee if the applicant has not damaged the cemetery and has left it in substantially the same condition as it was prior to his/her excavation.  The annual permits shall be issued on a calendar basis and the refundable portion shall be refunded during the last week of December of each year.

 

D.       Any person, association or corporation in violation of this Section by not first obtaining a permit shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) but not more than two hundred dollars ($200.00).  (Ord. No. 11.109 §§1─5, 5-7-79)

 

 

SECTION 145.070:    CASKETS AND OUTER CASKET BURIAL RECEPTACLES

 

 

A.       The needs and advantages, having been recognized by the Board of Aldermen of the City of California, of requiring use of caskets and outer casket burial receptacles for all burials in cemeteries owned, operated or maintained by the City of California in order to preserve the beauty of graveyards and lower maintenance costs by preventing the settling and collapsing of graves, the City

of California does hereby require that all future burials conducted in the graveyards owned, operated or maintained by the City of California utilize a casket and an outer burial receptacle.

§ 145.070                                                          City Cemetery                                                                           § 145.100

 

B.        All caskets utilized shall be made substantially of wood, metal, fiberglass, plastic or a combination thereof and placed inside of an outer casket burial receptacle.

 

C.        All outer casket burial receptacles shall be either the type commonly known as a concrete grave liner or shall be of the type commonly known as a sealing vault made substantially of concrete, metal or fiberglass or a combination thereof.

 

The top of the outer casket burial receptacle shall be buried under at least eighteen (18) inches of well-packed earth or concrete.

SECTION 145.090:    DUTIES OF CEMETERY COMMITTEE

 

The Cemetery Committee so created as aforesaid shall have the care, management, supervision and control of the cemeteries now owned and controlled by said City as well as any and all cemeteries hereafter owned or controlled by said City.  (Ord. No. 11.101 §2, 12-6-37)

 

 

SECTION 145.100:    CEMETERY FUND─BURKE CEMETERY

 

 

A.       Establishment.  There be and hereby is established and created, in the City Treasury of said City, a special fund and account which shall be known and designated as "The Harriet Taylor Cemetery

§ 145.100                                                          California City Code                                                                  § 145.110

 

Fund".  The City Treasurer of said City shall keep such fund in the City Treasury of said City in an account separate and apart from other funds of the said City.  All of the net income received by said City from the hereinabove mentioned trustee, the Farmers and Merchants National of Los Angeles, shall be placed in and credited in the City Treasury to such "Harriet Taylor Cemetery Fund", and no other funds whatsoever shall be paid into or credited to such special fund in the City Treasury.  Disbursements from said fund shall be made from the City Treasury by the City Treasurer only upon warrants especially drawn on such special fund and signed by the Mayor and City Clerk of said City.  Such warrants against such special fund shall be issued as hereinafter provided.

 

B.        Duties Of Cemetery Committee. 

 

B.1.    In addition to the other duties now and hereafter imposed upon said Cemetery Committee, it shall be specifically the duty of such Committee to receive all payments of income from said trustee and pay the same over to the City Treasurer for deposit in said special fund, and for all such payments to the City Treasurer and forthwith file one (1) of the same with the City Clerk so that the City Treasurer may stand charged with such funds, and the duplicate receipt shall be sent to said trustee.  Said Committee shall handle and supervise the disposition of said fund and it shall be used only, solely and exclusively for the maintenance and upkeep of the Burke Cemetery and the City Cemeteries of said City, located in Moniteau County, Missouri, and all other cemeteries which are now and may hereafter be owned or controlled by said City, and for the perpetual care and maintenance of the Taylor burial lot in said Burke Cemetery.

 

Said Committee shall, at each regular meeting of the Board of Aldermen, present to said Board its signed statement, which shall be spread upon the records of said Board of Aldermen, of all expenses and liabilities accruing since the last previous regular meeting of said Board of Aldermen for the purposes specified in the next preceding paragraph hereof, specifying the nature thereof; and thereupon warrants shall be ordered drawn on The Harriet Taylor Cemetery Fund in the City Treasury therefor; provided that any expense or liability made by said Committee for the purposes aforesaid on an annual basis may be paid annually instead of monthly.

A.1.    The members of the Cemetery Committee shall receive no compensation in addition to their regular salaries as Aldermen for services rendered in connection with the handling and supervising the disposition of said fund for the uses and purposes aforesaid, and no part of their regular salaries as Aldermen shall be paid from The Harriet Taylor Cemetery Fund.

 

A.2.    The trustee shall be furnished yearly, commencing January 1, 1938, by said City of California, Missouri, with a report attested by the City Clerk of the City of California, Missouri, containing an itemized statement of receipts and disbursements of said funds for the preceding twelve (12) months' period.  (Ord. No. 11.101 §§3─4, 12-6-37)

 

 

SECTION 145.110:    DUTIES OF CITY CLERK

 

 

A.       The City Clerk shall, upon the passage and approval hereof, transmit a certified copy hereof to the aforesaid trustee.  If, from time to time hereafter, or at any time hereafter, this Article is in any particular amended, the then City Clerk shall forthwith transmit a certified copy of such amendment or amendments, if any, to such trustee.

 

B.        The City Clerk shall as such Committee is appointed and confirmed each time, forthwith transmit to said trustee a statement, under the Seal of said City, stating the names and addresses of the members appointed to such Committee and the term of each member thereof.  (Ord. No. 11.101 §§5─6, 12-6-37)

 

 

                                                                        CHAPTER 150:  INVESTMENT POLICY

 

 

SECTION 150.010:    PURPOSE

 

 

A.       The purpose of this investment policy shall be to establish the investment objectives and provide a set of investment parameters to govern the type, quality, diversification and term of investment in order to realize the investment objectives of the City of California, Missouri.

 

B.        The City will contract with a financial institution (or institutions) which shall serve as a primary depository and assist in developing an investment strategy consistent with this Statement of Investment Policy.  (Ord. No. 9.123 §§1─2, 3-6-00)

 

 

SECTION 150.020:    INVESTMENT OBJECTIVES

 

The investment objectives of the City of California are to maximize return on investment while minimizing the risk on funds designated for term investment.  The primary objectives of the investment activity shall be legality, safety, liquidity, yield and the provision of a capital base sufficient to meet the needs of the City.  Funds shall be invested only within the legal guidelines set forth in the Constitution and the Statutes of the State of Missouri and in accordance with the Ordinances of the City of California.  Any investment alternatives outside these guidelines are not permissible.  Safety of principal is the foremost objective of the investment program.  Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.  The investment portfolio shall remain sufficiently liquid to meet all of the operation requirements that may be reasonably anticipated based on past expenditures and budgeted expenditures.  This is accomplished by structuring the portfolio so that the securities mature current with cash needs to meet anticipated demands.  Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets.  The investment portfolio shall be designed with the objective of attaining market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity.  Return on investment is of least importance compared to the safety and liquidity objectives described and outlined above.  At all times, the City of California shall maintain prudent investment strategies and adjust the portfolio within the guidelines of this policy to take advantage of market conditions, to increase return and/or reduce risk.  All investments shall be in accordance with State law.  The City of California shall maintain liquid deposit balances in depository accounts in a sum sufficient to meet the City's short term cash flow needs as same may vary from time to time.  (Ord. No. 9.123 §§1─2, 3-6-00)

SECTION 150.030:    APPROPRIATE INVESTMENTS

 

 

A.       Funds designated for term investment by the City of California shall be placed in securities deemed acceptable and in accordance with portfolio target allocations.  All funds must be deposited in institutions which do business in the City of California, Missouri.  The following are acceptable investments:

 

A.1.    Direct obligations of the U.S. Government and any bonds or other obligations guaranteed as to the payment of principal and interest by the U.S. Government.

 

A.2.    Obligations of agencies sponsored by the U.S. Government including, but not limited to, the following list:

§ 150.030                                                          California City Code                                                                  § 150.040

 

Federal Intermediate Credit Banks

Federal Home Loan Banks

Federal National Mortgage Association Residential Financing Securities

Banks for Cooperatives

Federal Farm Credit Banks

Export-Import U.S. Guaranteed Bonds

Government National Mortgage Corporation

Federal Home Loan Mortgage Corporation

Student Loan Marketing Association

Small Business Administration

Financing Corporation

Resolution Funding Corporation

Tennessee Valley Authority

SBA Guaranteed Loan Pool Certificates

World Banks

 

A.3.    Certificate of Deposit (PAC─packaged affiliate certificates─CD Program).

 

A.4.    Overnight and term Repurchase Agreement.

 

B.    The following are portfolio maturity allocations.  This does not include the liquid funds requirements as stated in Section 150.020 of this policy:

 

30─37.5%              Less than one (1) year

30─37.5%              One (1) to three (3) years

10─25%                 Three (3) to five (5) years

 

C.    The following are permissible portfolio investment allocations:

 

1.     100% U.S. Government Treasuries.

2.     100% U.S. Government Agencies.

3.     100% Certificates of Deposit.

4.         100% Repurchase Agreements.  (Ord. No. 9.123 §§1─2, 3-6-00)

SECTION 150.040:    INVESTMENT RESTRICTIONS AND PROHIBITED TRANSACTIONS

 

To provide for the safety and liquidity of the funds of the City of California, the investment portfolio will be subject to the following restrictions:

 

 

class=Section2>

 .1.     Borrowing for investment purposes (sometimes known as leverage) is prohibited.

 

 .2.     Instruments known as Structured Notes (e.g. inverse floaters, bridged floaters and equity-linked securities) are not permitted.  Investment in any instrument which is commonly considered a "derivative" instrument (e.g. options, futures, swaps, caps, floors and collars) is prohibited.

 

 .3.     Contracting to sell security not yet acquired in order to purchase other securities for purposes of speculating on developments or trends in the market is prohibited.  (Ord. No. 9.123 §§1─2, 3-6-00)

§ 150.050                                                          Investment Policy                                                          § 150.080

 

SECTION 150.050:    COLLATERALIZATION

 

A.       All deposits which are placed in financial institutions must be at least one hundred percent (100%) collateralized (one hundred percent (100%) of the value of the funds of deposits).  Specifically, the depository or financial institution must pledge securities in an amount equal to one hundred percent (100%) of the value of the funds of deposit as collateral.  Securities which are acceptable as collateral to secure the deposits of the City of California are noted in Section 150.090 hereof.  The City of California, Missouri, will give preference in all bidding (when reviewing bids for banking services) to any banking or financial institution which provides a notification of the pledge of securities automatically upon receipt of public funds.

 

B.        All securities which serve as collateral against the deposits of a depository institution must be retained for safekeeping in a non-custodial facility.  Depository institutions pledging collateral against deposits must, in conjunction with the custodial agent, furnish the necessary custodial receipts.  It is the intent of the City of California to have a depository contract and pledge agreement with each safekeeping bank.  (Ord. No. 9.123 §§1─2, 3-6-00)

 

 

SECTION 150.060:    IMPLEMENTATION PROCEDURES AND GUIDELINES─INVESTMENT AUTHORITY AND PROCESS

 

All investments shall be made, retained or sold only upon the authority of the Board of Aldermen of the City of California.  The banking institution chosen to serve as a primary depository into which City funds have been deposited shall secure authority by written communication.  (Ord. No. 9.123 §§1─2, 3-6-00)

SECTION 150.070:    INVESTMENT PLANNING REVIEW

 

 

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A.       The City of California recognizes that all investments go through cycles.  Therefore, a plan review will be made as needed.  This will enable the City of California to adjust to changes occurring in the financial markets plus new information that may call for requirement alterations. 

 

B.        To assist the City of California in this review, the depository institution shall provide the following information on at least an annual basis:

 

B.1.    Economic outlook (for community and overall).

 

B.2.    Investment options and recommendations.

 

B.3.    Performance/measurement including:

 

a.    Asset allocation strategy review.

 

b.    Detailed portfolio review.

 

c.    Analysis of costs and fees.  (Ord. No. 9.123 §§1─2, 3-6-00)

 

 

SECTION 150.080:    SECURITIES SAFEKEEPING

 

 

A.       The depository institution shall hold and safeguard cash and securities and shall collect the income

§ 150.080                                                          California City Code                                                                  § 150.090

 

and principal thereof when due.  The depository institution shall retain principal collections subject to the direction of the City of California.

 

B.        All securities will be registered in the name of the City of California unless otherwise specifically instructed in writing by the finance committee.

 

C.        The depository institution shall receive processing and safekeeping fees as agreed to by the City of California, Missouri, in accordance with its schedule of fees presented by the depository institution and accepted formally by the Board of Aldermen of the City of California, Missouri.  (Ord. No. 9.123 §§1─2, 3-6-00)

 

 

SECTION 150.090:    SECURITIES ACCEPTABLE AS COLLATERAL TO SECURE

STATE DEPOSITS

A.       The following securities are hereby designated as acceptable collateral for City funds on deposit:

 

A.1.    Marketable Treasury securities of the United States.

 

A.2.    The following debt securities of the State of Missouri and its State authorities:

 

A.2.a.    General obligations debt securities issued by the State of Missouri.

 

A.2.b.    Revenue bonds issued by the Missouri Board of Public Buildings or Department of Natural Resources.

 

A.2.c.    Revenue bonds of the Missouri Housing Development Commission, Missouri Health and Education Facilities Authority, Missouri Higher Education Loan Authority, Missouri Environmental Improvement and Energy Resources Authority, Missouri Agricultural and Small Business Development Authority, Missouri Industrial Development Board, or State-owned educational institutions, so long as any of the above are rated "A" or better by Moody's or Standard & Poor's (M1 on notes), or are secured by a Federal agency guarantee (directly or through guaranteed loans).

 

A.3.    General obligation bonds of any City in this State having a population of not less than two thousand (2,000).

 

A.4.    General obligation bonds of any County of this State.

 

A.5.    General obligation bonds, approved and registered, of any school district situated in this State.

 

A.6.    General obligation bonds, approved and registered, of any special road district in this State.

 

A.7.    General obligation State bonds of any of the fifty (50) States.

 

A.8.    Debt securities of the Federal Farm Credit System.

 

A.9.    Debt securities of the Federal Home Loan Banks (FHLB).

 

A.10.    Other debt securities guaranteed by the United States or its agencies or instrumentalities, as follows:

§ 150.090                                                          Investment Policy                                                          § 150.090

 

A.10.a.    Debt securities of the Federal National Mortgage Association (FNMA), including mortgage-backed securities.

 

A.10.b.    Debt securities of the Student Loan Marketing Association (SLMA).

 

A.10.c.    Debt securities of the Government National Mortgage Association (GNMA), including mortgage-backed securities.

 

Debt securities of the Federal Home Loan Mortgage Corporation (FHLMC), including mortgage-backed securities.

A.1.a.    Guaranteed Loan Pool Certificates of the Small Business Administration (SBA).

 

A.1.b.    Federal Home Administration insured notes (CBOs).

 

A.1.c.    Public housing notes and bonds ("project notes and bonds") issued by public housing agencies, guaranteed as to the payment of principal and interest by the government of the United States or any agency or instrumentality thereof.

 

A.1.d.    Debt securities of the Resolution Funding Corporation.

 

A.2.    Bonds of any political subdivision established under the provisions of Section 30, Article VI, of the Constitution of Missouri.

 

A.3.    Tax anticipation notes issued by any County of Class One (1) in Missouri.

 

A.4.    Surety bonds issued by an insurance company licensed under the laws of the State of Missouri whose claims-paying ability is rated in the highest category of Deff & Phelps, A. M. Best, Standard & Poor's or Moody's.  The face amount of such surety bond shall be at least equal to the portion of the deposit to be secured by the surety bond.

 

A.5.    Planned Amortization Class (PAC) Collateralized Mortgage Obligations (CMO) issued by FNMA, FHLMC or GNMA having a weighted average life that does not exceed three (3) years and passes the FFIEC High Risk Stress Test.  These CMOs will be valued at seventy-five percent (75%) of market value.

 

B.        Please make note of the following:

 

B.1.    The above securities are acceptable as collateral for deposits, but generally are NOT eligible as investments.

 

B.2.    Revenue bonds are acceptable only under Subsection (A)(2).

 

B.3.    Treasury CUBES are not acceptable.

 

B.4.    FHLB Zeros are not acceptable.

 

B.5.    All mortgage-backed securities are valued at ninety percent (90%) of the market value.

 

B.6.    Strips and zones are not acceptable.

 

B.7.    All non-book-entry registered securities must be in a nominee name.

§ 150.090                                                          California City Code                                                                  § 150.090

 

B.8.    FHLMC Mortgage Cash Flow Obligations are not acceptable.

 

B.9.    SBA Pool Certificates are valued at seventy-five percent (75%) of market value.

 

The market value of collateral must be one hundred percent (100%) or greater of the amount of State time deposits (including interest to maturity) plus demand deposits with the depository, less the amount, if any, which is insured by the Federal Deposit Insurance Corporation, or the National Credit Unions Share Insurance Fund.  All securities pledged as collateral by the depository will be held by the City in a segregated account.  All collateral pledged must be delivered in bearer form, book-entry form, or in the case of fully registered certificates, placed into the nominee of the custodian.  (Ord. No. 9.123 §§1─2, 3-6-00)

CHAPTER 155:  OPEN MEETINGS AND RECORDS POLICY

 

Editor's Note─Ord. no. 2005-025 §1, adopted October 4, 2004, repealed ch. 155 and enacted new provisions set out herein.  Former ch. 155 derived from the 2001 recodification.

 

 

SECTION 155.010:    MEETINGS, RECORDS AND VOTES TO BE OPEN TO PUBLIC─

EXCEPTIONS

 

All meetings, records and votes are open to the public, except the governmental body  may close any meeting, record or vote relating to the following:

 

 

 .1.     Legal actions, causes of action or litigation involving a public governmental body  and any confidential or privileged communications between a public governmental body  or its representatives and its attorneys.  However, any vote relating to litigations involving a public governmental body  shall be made public upon final disposition of the matter voted upon; provided however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action.  Legal work product shall be considered a closed record.

 

 .2.     Lease, purchase or sale of real estate by a public governmental body  where public knowledge of the transaction might adversely affect the legal consideration therefore.  However, any vote or public record approving a contract relating to the lease, purchase or sale of real estate by a public governmental body  shall be made public upon execution of the lease, purchase or sale of the real estate.

 

 .3.     Hiring, firing, disciplining or promoting an employee of a public governmental body.  However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body  must be made available to the public with a record of how each member voted within seventy-two (72) hours of the close of the meeting where such action occurs; provided however, that any employee so affected shall be entitled to prompt notice before such decision is made available to the public.

 

 .4.     Non-judicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological or alcoholism or drug dependency diagnosis or treatment.

 

 .5.     Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again.

 .1.     Welfare cases of identifiable individuals.

 

 .2.     Preparation, including any discussions or work product, on behalf of a public governmental body  or its representatives for negotiations with employee groups.

 

 .3.     Software codes for electronic data processing and documentation thereof.

 

 .4.     Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body  or the specifications are published for bid.

 

 .5.     Sealed bids and related documents, until the earlier of either when the bids are opened, or all bids are accepted or all bids are rejected.

§ 155.010                                                          California City Code                                                                  § 155.010

 

 .6.     Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such.

 

 .7.     Records that are protected from disclosure by law.

 

 .8.     Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest.

 

 .9.     Confidential or privileged communications between a public governmental body  and its auditor, including all auditor work product.

 

Operational guidelines and polices developed, adopted or maintained by any public agency responsible for law enforcement, public safety, first response or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health.  Nothing in this exception shall be deemed to close information regarding expenditures, purchases or contracts made by any agency in implementing these guidelines or policies.  When seeking to close information pursuant to this exception, the agency shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records.  This exception shall sunset on December 31, 2008.

 .1.     Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body, and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety.  Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open.  When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records.  Records that are voluntarily submitted by a non-public entity shall be reviewed within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a security interest.  If retention is not necessary, the documents shall be returned to the non-public governmental body or destroyed.

 

 .2.     Records that identify the configuration of components or the operation of a computer, computer system, computer network or telecommunications network and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network or telecommunications network of a public governmental body.  This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records.  Records related to the procurement of or expenditures relating to such computer, computer system, computer network or telecommunications network, including the amount of monies paid by, or on behalf of, a public governmental body for such computer, computer system, computer network or telecommunications network, shall be open.

 

 .3.     Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a

§ 155.010                                                          Open Meetings And Records Policy                                                       § 155.040

 

public governmental body.  Nothing in this Section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record or a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body.  (Ord. No. 2005-025 §2, 10-4-04)

SECTION 155.040:    ACCESSIBILITY OF MEETINGS

 

Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such as place or time is impossible or impractical. When it is necessary to hold a meeting on less than twenty-four (24) hours' notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.  (Ord. No. 2005-025 §6, 10-4-04)

§ 155.050                                                          California City Code                                                                  § 155.070

class=Section3>

 

SECTION 155.050:    AUDIOTAPE, VIDEOTAPE RECORDINGS ALLOWED─WHEN

 

A public body shall allow for the recording by audiotape, videotape or other electronic means of any open meeting.  A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting.  No audio recording of any meeting, record or vote closed pursuant to the provisions of Section 610.021, RSMo., shall be permitted without permission of the public body; any person who violates this provision shall be guilty of a class C misdemeanor.  (Ord. No. 2005-025 §8, 10-4-04)

 

 

SECTION 155.060:    ELECTRONIC TRANSMISSIONS─PUBLIC RECORD─WHEN

 

Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member's public office computer or the custodian of records in the same format.  The provisions of this Section shall only apply to messages sent to two (2) or more members of that body so that, when counting the sender, a majority of the body's members are copied.  Any such message received by the custodian or at the member's office computer shall be a public record subject to the exceptions above.  (Ord. No. 2005-025 §9, 10-4-04)

 

 

SECTION 155.070:    CUSTODIAN OF RECORDS─FEES

 

 

A.       The City Clerk shall be the custodian of records and will be responsible for maintenance and control of all records.  The custodian shall provide public access to all public records as soon as possible but not later than the third (3rd) business day following the date the request, made in compliance with Missouri Law, is received by the custodian. If additional delay is necessary, the custodian shall give an explanation for the delay and the date the record will be available for inspection.

 

B.        If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial.  Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third (3rd) business day following the date the request for the statement is received.

A.       For paper copies that are nine (9) by fourteen (14) inches and smaller, the custodian may charge ten ten cents ($.10) per page.  The custodian may charge for time spent duplicating the records and for research time spent fulfilling the request.  The charges for time spent on duplication may not exceed the average hourly rate of pay for clerical staff, and the charges for research cannot exceed the actual cost of research time.  The custodian may require payment prior to duplicating copies.

 

B.        Fees for providing access to public records maintained on computer facilities, recordings, tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication.  Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats.  If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming.

§ 155.070                                                          Open Meetings And Records Policy                                                       § 155.070

 

The custodian may designate deputy custodians in other City departments as appropriate. The designation of deputy custodian(s) will not require separate action of this body.  (Ord. No. 2005-025 §10, 10-4-04)

TITLE II.  PUBLIC HEALTH, SAFETY AND WELFARE

 

 

                                                                        CHAPTER 200:  POLICE AND FIRE DEPARTMENTS

 

 

                                                                        ARTICLE I.  POLICE DEPARTMENT

 

Cross Reference─As to chief of police, see §115.180 of this Code.

 

 

SECTION 200.010:    POLICE DEPARTMENT

 

class=Section2>

A.       Creation Of Police Department.  There is hereby created a Police Department, within and for the City of California, which shall consist of the Chief of Police and all regular and auxiliary Police Officers as may be commissioned.

 

B.        Duties And Powers.  The Police Department shall enforce the Constitution and Statutes of the United States and the State of Missouri and the ordinances of the City of California, shall maintain public order and discipline, and shall perform such other duties of public service as may be authorized by ordinance, resolution of the Board of Aldermen or request of the Chief of Police.

 

C.        Administration And Chain Of Command.  The Chief of Police shall administer the Police Department and in so doing shall answer only to the Board of Aldermen.  In regard to said administration:

 

C.1.    All members of the Police Department shall obey all duly-enacted ordinances and resolutions of the Board of Aldermen.

 

C.2.    No Police Officer shall refuse to obey any lawful order of the Chief of Police.

 

C.3.    No auxiliary Police Officer shall refuse to obey any lawful order of any regular Police Officer.

 

C.4.    All communications between the Board of Aldermen and the Police Department or any member thereof which concern matters of Police administration, policy, actions or conduct shall be handled by and through the Chief of Police, except as may be otherwise provided by resolution or ordinance.

 

D.       Authority To Adopt Regulations.  The Chief of Police is authorized to adopt regulations in order to administer the Police Department effectively.  Said authority shall extend to regulations covering the following subjects:

 

D.1.    Qualifications of prospective Police Officers;

 

D.2.    Training requirements;

 

D.3.    Uniforms;

 

D.4.    Conduct of Police Officers both on and off duty;

 

D.5.    Use of Police automobiles, weapons and other equipment;

§ 200.010                                                          California City Code                                                                  § 200.010

 

D.6.    Arrest procedures and service of summons; and

 

D.7.    Any other subject reasonably related to the Police function.

 

E.        Procedure In Adopting Regulations.  The Chief of Police may issue regulations concerning the administration of the Police Department upon any of the subjects enumerated in Subsection (D) above.  In so doing he/she shall observe the following procedure:

 

E.1.    The proposed regulation must be found to be in the best interest of the Police Department and the citizens of the City of California.

 

E.2.    If possible, the Chief of Police must obtain the comments of the Police Officers in the department prior to adopting any regulation.

 

E.3.    The regulation shall become effective five (5) days after its issuance unless the Chief of Police finds it necessary for the regulation to become effective immediately.

 

E.4.    No regulation shall be valid for more than five (5) days unless reduced to writing and signed by the Chief of Police.

 

The Police Department shall maintain a looseleaf compilation of all current regulations, which book shall be open for the inspection of all members of the Police Department, the Board of Aldermen and the public.

A.       Effect Of Regulations─Discipline.  The regulations promulgated pursuant to Subsections (D) and (E) herein shall be binding on all members of the Police Department unless contrary to the Constitutions and Statutes of the United States or the State of Missouri or the ordinances of the City of California.  If the Chief of Police finds that any Police Officer has knowingly violated any lawful regulations of the Police Department, he/she may suspend that officer for a period of time, but in no event shall any such suspension continue past the next regularly scheduled meeting of the Board of Aldermen.  Should two (2) or more regular Police Officers find that the Chief of Police has knowingly violated any lawful regulation of the Police Department, they may communicate the violation to any member of the Board of Aldermen.

 

B.        Review Of Police Department Action By Board Of Aldermen.  Any person aggrieved by action of the Police Department may request the Board of Aldermen to review the action at the next regularly scheduled meeting thereof.  In reviewing the action the Board of Aldermen may:

 

B.1.    Revoke any regulation of the Police Department.

 

B.2.    Require the Police Department to adopt any regulation.

 

B.3.    Suspend, with or without pay, any member of the Police Department, terminate the unemployment of said member, or, if said member is under Police Department suspension, reinstate said member to good standing within the Police Department.

 

In taking any action contemplated by this Section, the Board of Aldermen shall take into consideration the best interest of the citizens of the City of California, the need for the Police Department to remain independent of political pressures and the effect of the contemplated action on the morale of the Police Department.  (Ord. No. 17.219 §§1─7, 11-1-82)

§ 200.020                                                          Police And Fire Departments                                                                 § 200.030

 

SECTION 200.020:    ASSISTANT CHIEF OF POLICE─ESTABLISHMENT OF POSITION

A.       Effective November 1, 1993, there is hereby established the position of Assistant Chief of Police of the City of California, Missouri.

 

B.        The Assistant Chief of Police of the City of California, Missouri, shall be named by the Chief of Police of the City of California, with said designation to be approved by the Mayor of the City.  The duties of the Assistant Chief of Police of the City shall be as established in the internal personnel regulations of the Police Department of the City of California.  (Ord. No. 17.586 §§1─2, 12-6-93)

 

 

                                                                        ARTICLE II.  FIRE DEPARTMENT

 

 

SECTION 200.030:    RECOVERY OF COSTS FOR USE OF EXTRICATION EQUIPMENT BY FIRE DEPARTMENT ON CALLS OUTSIDE CITY LIMITS

 

 

A.       Recovery Of Costs.  The California City Fire Department is authorized to recover costs associated with the use of extrication and rescue equipment on emergency calls to locations outside the City limits of California, Missouri.

 

B.        Fee Schedule Adopted. 

 

B.1.    The schedule of fees is hereby adopted.  The fees shall be due in full within thirty (30) days of the billing date.  Funds received shall be maintained in a City account and utilized for the purchase and maintenance of fire and rescue equipment.

 

B.2.    California City Fire Department fee schedule for rescue services.

 

Use of Extrication Tool:

 

Cutting a door:                      $100.00

Cutting a top:                 $150.00

(Ord. No. 18.119 §§1─2 Exhibit A, 6-3-98)

 

 

 

                                                                        CHAPTER 205:  ANIMAL REGULATIONS

 

 

SECTION 205.010:    KEEPING OF DOGS

 

 

Running At Large Prohibited.  It shall be unlawful for any person or persons owning, controlling, harboring, possessing or having the management or care, in whole or in part, of any dog to permit such dog or dogs to run at large.  For the purpose of this Section, every dog when on any street, alley, or any other public place in the City of California which is not attached to a leash, the other end of which is securely held by the owner or a member of his/her immediate family, or when on private property within said City, which is either not attached to a leash, the other end of which is securely held by the owner or a member of his/her family, or which is not so confined as to prevent its straying from the premises shall be deemed running at large; provided however, that a dog bearing identification tag containing the name and the name and address of its owner along with the current license issued by the City of California may remain on the property of its owner without a leash or other confinement.

§ 205.010                                                          California City Code                                                                  § 205.020

 

A.1.    Any dog, with the exception of any animal found to be vicious, or ill such that other animals or persons would or could be infected, not redeemed by its owner after the expiration of the seven (7) day notice period (after posting of the notice) may, as an alternative to humane euthanasia, be available for adoption.  Any individual adopting a dog pursuant to this Section shall pay an adoption fee of fifteen dollars ($15.00), as well as the impoundment fee as set forth in Exhibit A, on file in the City Clerk's office.  The adoption fee shall be payable direct to the impoundment facility.  Said adopted animal shall receive vaccinations for rabies, and such other vaccinations as the operator for the impoundment facility may deem appropriate or which may be required by State or local law or ordinance.  The Collector and the impoundment facility may decline to permit adoption if, in the best judgment of said individuals, the adoption appears to be pursued to avoid payment of other fees, or if the animal is ill, or has shown a propensity to violence.

 

A.2.    Provisions shall be made for the sterilization of all dogs adopted pursuant to this Section, in the manner set forth in Section 273.403, RSMo., with said fees for sterilization to be paid by the purchaser/adopter.

 

A.3.    All dogs adopted shall be marked by tattoo by the impoundment facility, with identifying records retained by said facility and available to the City at no cost.

 

B.        Abandonment Unlawful.  It shall be unlawful for any person to abandon any dog within the corporate limits of the City of California or to permit any dog abandoned by him/her in the vicinity of the corporate limits of the City of California to stray within the corporate limits of said City.

 

C.        Penalty For Violation.  Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than five dollars ($5.00) or more than one hundred dollars ($100.00) or by confinement in the City Jail for a period not greater than ninety (90) days, or by both such fine and confinement.  (Ord. No. 24.033 §§1─2, 4, 4-6-81; Ord. No. 24.033A §1, 1-6-97; Ord. No. 24.033B §1, 11-1-99)

 

 

SECTION 205.020:    HUNT, TRAP, SHOOT OR MOLEST BIRDS OR WILD FOWL

PROHIBITED

 

 

A.       The entire area embraced within the corporate limits of the City of California, Missouri, be and the same is hereby designated as a Bird Sanctuary.

 

It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests.  Provided however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property in the opinion of the proper health authorities of the City of California, Missouri, then in such event said health authorities shall meet with representatives of the Audubon Society, Bird Club or Humane Society, or as many of said clubs as are found to exist in the City of California, Missouri, after having given at least three (3) days' actual notice of the time and place of said meeting to the representatives of said clubs.

If as a result of said meeting no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the supervision of the Marshal of the City of California, Missouri.

§ 205.020                                                          Animal Regulations                                                                    § 205.030

class=Section3>

 

A.       Any person violating any provision of this Section shall be upon conviction punished by a fine of not more than one hundred dollars ($100.00), or imprisonment not exceeding thirty (30) days.  (Ord. No. 24.030 §§1─3, 2-6-61)

 

 

SECTION 205.030:    VICIOUS ANIMALS

 

 

A.       It shall be unlawful for any person to own, keep, harbor, or allow to be in or upon his/her premises any animal of a dangerous, vicious, or ferocious disposition.  A dangerous, vicious, or ferocious animal shall be an animal that has attacked, or shown propensities to attack persons or other animals.  Evidence that may be considered by the Municipal Judge and City law enforcement personnel may be, but not limited to, testimony of persons who have witnessed the actual behavior of said animals, past incidents involving said animals, size of the animals, the conditions in which the animals are kept, and the breed of the animal.

 

B.        If City law enforcement personnel shall be notified of a vicious animal, and upon investigation shall find the vicious animal running at large, the City law enforcement personnel shall have full authority to kill the dangerous, ferocious, or vicious animal.  Before killing said animal, the Law Enforcement Officer shall make as certain of identification as is practical under the circumstances and shall also first determine if capturing the animal is reasonable.  However, the Law Enforcement Officer shall not put himself/herself in any position of danger of being attacked.  Identification of the animal as dangerous, ferocious, or vicious shall include an independent appraisal of the disposition of the animal by the Law Enforcement Officer and as is practical under the circumstances.

 

C.        Nothing herein shall be deemed to limit the rights of persons to protect themselves, or to seek lawful relief.

 

D.       In the case of a conviction in Municipal Court, the court shall fine the owner of a dangerous, ferocious, or vicious animal the following:

 

D.1.    First (1st) offense:  One hundred dollar ($100.00) fine.

 

D.2.    Second (2nd) offense:  Three hundred dollar ($300.00) fine or destruction of the animal.

 

D.3.    Third (3rd) offense:  Five hundred dollar ($500.00) fine.

 

All such fines shall be a minimum fine and no portion of said fine shall be suspended or stayed.  The Municipal Judge shall not suspend imposition of sentence.  In addition to said fines, the Municipal Judge may sentence the owner to jail for a term not to exceed ninety (90) days.

 

E.        Upon a third (3rd) conviction under this Section, in addition to fines or jail sentence, the Municipal Judge shall order the destruction or disposition of the subject animal.  If the owner of the subject animal shall refuse, the Municipal Judge shall hold the owner in contempt of court.  Notwithstanding anything to the contrary herein, should the owner of a subject animal offer a plan of disposition of the subject animal agreeable to the court, the Municipal Judge may suspend or stay all or a portion of the sentence as the court deems appropriate, and may suspend imposition of sentence.

 

F.         Any case filed under this Section shall go to the top of the docket in the Municipal Court and shall have priority over other matters.  (Ord. No. 24.035 §§1─6, 1-5-87)

§ 205.035                                                          California City Code                                                                  § 205.035

 

SECTION 205.035:    HARBORING OF DANGEROUS DOGS─PIT BULLS

 

 

A.       Keeping Of Pit Bull Dogs Prohibited.  It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of California, Missouri, any pit bull dog; provided that pit bull dogs licensed with the City on the date of passage of this Section may be kept within the City subject to the standards and requirements set forth in Subsection (C) of this Section.

 

B.        Pit Bull Dog Defined.  Pit bull dog is defined to mean:

 

B.1.    The Staffordshire bull terrier breed of dog;

 

B.2.    The American pit bull terrier breed of dog;

 

B.3.    The American Staffordshire terrier breed of dog;

 

B.4.    Any dog that has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier or a combination of any of these breeds.

A.1.    References within this Section to "registered pit bull dogs" shall be construed to mean those pit bull dogs which are licensed with the City of California as of the effective date of this Section.  The phrase "registered" or the phrase "licensed" shall be construed to mean full and complete compliance with the terms of Section 205.010(B) of the City.

 

B.        Previously Registered And Licensed Pit Bulls.  The provisions of Subsection (A) of this Section are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of California, Missouri, as of the effective date of this Section.  The keeping of such dogs, however, shall be subject to the following standards:

 

B.1.    No person shall permit a registered pit bull to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length.  No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, concrete blocks, buildings, etc.  In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

 

B.2.    All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.  Such pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine registered pit bull dogs must be locked with a key or a combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground not less than two (2) feet.  All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.