City of Palmyra, MO Chapter 100 General Provisions

Article I Adoption of Code

Section 100.001 Code Adoption and Effective Date.

[Ord. No. 906-90-19 §§1-2, 4-19-1990]

A. The code of ordinances, consisting of Titles I through VII, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Palmyra," which shall supersede all other general and permanent ordinances of the City passed on or before April 4, 1990, to the extent provided in Section 100.002 hereof.

B. All provisions of such Code shall be in full force and effect from April 19, 1990.

Section 100.002 Exceptions.

[Ord. No. 906-90-19 §3, 4-19-1990]

A. All ordinances of a general and permanent nature of the City adopted on final passage on or before April 4, 1990, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after April 19, 1990 except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

1. Ordinances promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or authorizing any contract or obligation assumed by the City;

2. Ordinances levying taxes or making special assessments; and all ordinances levying, imposing, or authorizing any license, fee, charge or penalty;

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

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

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

6. Ordinances authorizing or relating to particular public improvements;

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

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

9. Ordinances annexing property to the City;

10. The zoning ordinance or ordinances of the City;

11. Any ordinance prescribing traffic regulations for specific locations, speed limits, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, stop signs, limitations on loads of vehicles or loading zones, not inconsistent with such Code;

12. Any ordinance pertaining to the seal of the City of Palmyra;

13. Any ordinance pertaining to the division of the City of Palmyra into wards or designating wards in the City of Palmyra;

B. The repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. It is the intention hereof that all ordinances not of general applicability adopted on final passage on or before April 4, 1990, shall not be hereby repealed, but are hereby continued in full force and effect, unless specifically repealed by separate ordinance.

Section 100.003 Additions and Amendments.

[Ord. No. 906-90-19 §4, 4-19-1990]

Any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Palmyra", shall be understood and intended to include such additions and amendments.

Section 100.004 General Penalty – Equitable Relief.

[Ord. No. 906-90-19 §5, 4-19-1990; Ord. No. 1000-96-12 §1, 6-6-1996]

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 or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, 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). It is intended by this Section that the violation of any ordinance of the City of Palmyra, Missouri, shall upon conviction be punished as provided herein.

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.

C. Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.

D. In addition to any other remedies or penalties established for violations of any ordinance or Code Section of the Code of Ordinances of the City of Palmyra, or any rule, regulation, notice, condition, term or order promulgated by any officer or department of the City under duly vested authority, the City may, after approval by the City Council, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with such ordinance, code, section, rule, regulation, notice, condition, term or order. In such action the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the City may be awarded by the court reasonable attorney's fees as allowed by law.

[Ord. No. 1176-16-02, 6-2-2016[1]]

[1] Editor's Note: Ord. No. 1176-16-02 also changed the title of this Section to include "Equitable Relief."

Section 100.005 Penalty As To Amendments.

[Ord. No. 906-90-19 §6, 4-19-1990]

In case of the amendment by the City Council of any Section of this Code for which a penalty is not provided, the general penalty as provided in Section 100.004 of this Article shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.

Section 100.006 Copy To Be in City Clerk's Office.

[Ord. No. 906-90-19 §7, 4-19-1990]

A copy of such Code shall be kept on file in the office of the City Clerk, preserved in loose-leaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by said officer, to insert in their designated places all amendments and all ordinances or resolutions which indicate the intention of the City Council to make the same part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Council. This copy of such code shall be available for all persons desiring to examine the same.

Section 100.007 Unlawful To Alter or Change.

[Ord. No. 906-90-19 §8, 4-19-1990]

It shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Palmyra to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 100.004 of this Article.

Article II In General

Section 100.010 Missouri Local Government Employees Retirement System.

[Ord. No. 664]

The City of Palmyra is a "political subdivision" as defined in Sections 70.600 through 70.760 RSMo. Supp. 1967 and hereby elects to have covered by the Missouri Local Government Employees Retirement System all its eligible employees in the following classes:

Present and Future General Employees

The City of Palmyra is hereby authorized and directed to deduct from the wages and salaries of each employee member the member contributions required by Section 70.705 RSMo. Supp. 1967, and to promptly remit the deductions to the Retirement System, together with the employer contributions required by Section 70.730 RSMo. Supp. 1967.

Section 100.020 Federal Old-Age and Survivors Insurance.

[Ord. No. 891-90-4 §§1 — 6]

A. The plan and agreement for extending the benefits of the system of Federal Od-Age and Survivors Insurance as authorized by the Social Security Acts Amendment of 1950, and by Senate Committee Substitute for Senate Bill No. 3 of the 66th General Assembly of the State of Missouri and amendments thereof, as the same may be now and hereafter in effect, is hereby ratified and confirmed, said plan and agreement having heretofore been entered into by the City of Palmyra in the year 1951.

B. It is hereby declared to be the policy and purpose of the City of Palmyra, Missouri, to extend to all eligible employees and officials of said City who are not excluded by law, and whether employed in connection with a governmental or proprietary function of said City, the benefits of the system of Federal Old-Age and survivors Insurance as authorized by the Social Security Acts Amendment of 1950 and by Senate Committee Substitute for Senate Bill No. 3 of the 66th General Assembly of the State of Missouri and amendments thereof, as the same may be now and hereafter in effect.

C. The Mayor and City Clerk of the City of Palmyra, Missouri, are authorized and directed on behalf of the City, to prepare, execute and submit to the Division of Budget and Comptroller of the State of Missouri, as State agency of the State of Missouri, or any other appropriate State agency provided by law, and subsequent modifications or revisions of said plan and agreement for extending said benefits to said eligible employees.

D. There shall be deducted from the wages of all employees and officials of the City of Palmyra, Missouri, to whom the benefits of said system are extended by virtue of said plan and agreement, the amount of each said employee's and official's contributions, as determined by the applicable State and Federal laws and by said plan and agreement.

E. There is hereby authorized to be appropriated from the General Fund of the City of Palmyra, Missouri, and there is, and shall be appropriated, the sum or sums of money necessary to pay the contributions of the City of Palmyra, Missouri, which shall be due and payable by virtue of the extension of said benefits of said eligible employees. Said sum or sums shall be paid into the Contributions Fund created by Senate Committee Substitute for Senate Bill No. 3 of the 66th General Assembly of the State of Missouri, and the fund from which said appropriation is made will, at all times, be sufficient to pay the contributions of the City directed to be paid to said Contributions Fund.

F. The City of Palmyra shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of said plan and agreement as may be required by all applicable State and Federal laws, rules and regulations, now and hereafter in effect with respect to the extension of said benefits to said employees and officials. For the purpose of administering said plan and agreement the City Clerk of the City of Palmyra, Missouri, shall be the official who shall make all required reports, keep all records, and be responsible for the administration of said plan and agreement on behalf of said City and any and all notices and communications from the State agency to the City with respect to said plan and agreement shall be addressed to City Clerk, City Hall, Palmyra, Missouri, 63461.

Section 100.030 Mayor and Council To Attend Public Hearings.

[Ord. No. 777 §1]

In addition to the duties heretofore provided by ordinances, it shall be the duty of the Mayor and of the Councilmen to attend public hearings affecting the City of Palmyra.

Section 100.040 Mayor To Maintain Office Hours.

[Ord. No. 818 §1]

In addition to the duties heretofore provided by ordinances, it shall be the duty of the Mayor to maintain office hours in City Hall as necessary for the daily management of City business.

Section 100.050 Wards.

[Ord. No. 894-90-7 §§1 — 5; Ord. No. 931-91-10 §1, 10-17-1991; Ord. No. 1049-01-04 §1, 11-15-2001]

A. The City of Palmyra is hereby divided into three (3) wards as provided herein.

B. The First Ward shall consist of all that portion of the City lying North of the centerline of Main Cross Street and North of the centerline of Sloan Street; except for the portion of the City lying West of the centerline of Breckenridge Street, and bounded on the North by the centerline of New Street, and bounded on the South by the centerline of Sloan Street; and further excepting the portion of the City located in the "R-2" Mobile Home Zoning District lying West of the centerline of Breckenridge Street and North of the centerline of New Street.

C. The Second Ward shall consist of all that portion of the City lying South of the centerline of Main Cross Street and East of the centerline of Main Street; and also that portion of the City bounded on the East by the centerline of Main Street, bounded on the South by the centerline of Ross Street, bounded on the West by the centerline of Bradley Street, and bounded on the North by the centerline of LaFayette Street.

D. The Third Ward shall consist of all that portion of the City lying South of the centerline of Main Cross Street, South of the centerline of Sloan Street, and West of the centerline of Main Street; and further including that portion of the City lying West of the centerline of Breckenridge Street, and bounded on the North by the centerline of New Street, and bounded on the South by the centerline of Sloan Street; and further including that portion of the City located in the "R-2" Mobile Home Zoning District lying West of the centerline of Breckenridge Street and North of the centerline of New Street; except for the portion of the City bounded on the East by the centerline of Main Street, bounded on the South by the centerline of Ross Street, bounded on the West by the centerline of Bradley Street, and bounded on the North by the centerline of LaFayette Street.

E. For purposes of this Section, the centerline of Main Cross Street shall be considered as if extended to the eastern and western boundaries of the City, and the centerline of Main Street shall be considered as if extended to the northern and southern boundaries of the City.

Section 100.060 City Seal.

[Ord. No. 893-90-6 §1; Ord. No. 1207-18-07, 10-18-2018]

A Seal procured for the City of Palmyra, being of circular form, with the words, "Seal of the City of Palmyra, Missouri," and the words "Incorporated 1855," of up to two (2) inches in diameter, is hereby declared to be adopted as the Common Seal of the City of Palmyra, Missouri.

Section 100.070 Delinquent Taxes.

[Ord. No. 900-90-13]

If any person, firm or corporation shall fail or neglect to pay City Personal Property Taxes or City Real Estate Taxes to the City Collector at the time and place as required by ordinance, then it shall be the duty of the City Collector, after the last day of January of each and every year, to collect and account for as other taxes, an additional tax, as penalty, of one percent (1%) per month, but not to exceed ten percent (10%) per annum, and two percent (2%) commission, upon all taxes collected after the last day of January, as aforesaid, and in computing said additional tax penalty, a fractional part of a month shall be considered as a whole month.

Section 100.075 Sales Tax Holiday.

[Ord. No. 1085-06-03 §§1 — 2, 3-9-2006]

A. Pursuant to Section 144.049, RSMo., the City of Palmyra hereby prohibits the provisions of said Section 144.049, RSMo., from exempting sales that occur within the City of Palmyra of certain clothing, personal computers and school supplies (as defined in said Section 144.049, RSMo.) from being subject to the local sales taxes applicable to sales within the City of Palmyra beginning at 12:01 A.M. on the first (1st) Friday in August and ending at Midnight on the Sunday following.

B. It is intended by this Section to prohibit annual sales tax holidays pursuant to Section 144.049, RSMo., from applying to local sales taxes of the City of Palmyra in 2006 and future years, until such time that this Section is repealed.

Section 100.080 Denial of License and Permits To Persons Not Having Paid Property Taxes.

[Ord. No. 927-91-6 §1, 9-5-1991]

A. No automobile license, business license, merchant's license, liquor license or other license, permit or privilege, the issuance of which by the City is required pursuant to any ordinance of the City of Palmyra, shall hereafter be issued to any person, firm, association or corporation, until all tangible personal property taxes and real estate taxes, except real estate taxes then owing by said applicant for the current year or any former year and not barred by any limitation, shall have been fully paid.

B. It shall be the duty of the Collector of the City to establish and promulgate rules and regulations providing for an orderly method of checking unpaid taxes in order to carry out the provisions of this Section.

Section 100.090 Excused Absences of City Council Members.

[Ord. No. 992-96-04 §1, 3-21-1996]

The City Council may by resolution excuse the absence of a member of the City Council from a regular meeting of the City Council. Only unexcused absences shall be treated as a failure to attend a regular City Council meeting under Section 3.6(B) of the City Charter of the City of Palmyra, Missouri. The absence of a City Council member at a regular meeting of the City Council may, by resolution of the City Council, be excused either prior to such regular meeting or subsequent to such regular meeting of the City Council.