[CC 1971 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances
of the City of Rock Port, Missouri", or simply as "the Code of Ordinances",
or "the Code".
[CC 1971 §1-4]
In the construction of this Code of Ordinances and of all ordinances,
the following definitions and rules of construction shall be observed,
unless it shall be otherwise expressly provided in any Section or
ordinance, or unless inconsistent with the manifest intent of the
Board of Aldermen, or unless the context clearly requires otherwise.
Any person elected to that office, and shall include those
persons who hold other offices and who are ex officio.
Whenever the term "Board of Aldermen" or the word "Board"
is used, unless the context requires otherwise, said term or word
shall be construed to refer to the Board of Aldermen of the City of
Rock Port.
The City of Rock Port in the State of Missouri.
The Code of Ordinances of Rock Port, Missouri.
Shall refer to the Code of Ordinances of Rock Port, Missouri.
The time within which an act is to be done shall be computed
by excluding the first and including the last day; and if the last
day be Sunday or a legal holiday, that shall be excluded.
The Atchison County in the State of Missouri.
Whenever a provision appears in this Code requiring the head
of a department of the City to do some act or make certain inspections,
it may be construed to authorize the head of the department to designate,
delegate and authorize subordinates to perform the required act or
make the required inspections unless the terms of the provision or
Section designates otherwise.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males,
and associations and bodies corporate as well as individuals, shall
be deemed to be included.
All personal property except tangible personal property as
defined herein.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
Shall mean and include persons, firms, associations, corporations,
clubs and partnerships, whether acting by themselves or through a
servant, agent or employee.
The Mayor of the City of Rock Port.
A calendar month.
Whenever the name of an Officer is given it shall be construed
as though the words "of the City of Rock Port" were added.
Words and phrases shall be construed according to the common
and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
When any subject matter, party or person is described or
referred to by words importing the singular number, the plural and
separate matters and persons and bodies corporate shall be deemed
to be included.
Shall be construed to include an affirmation in all cases
in which, by law, an affirmation may be substituted for an oath, and
in such cases the words "swear" and "sworn" shall be equivalent to
the words "affirm" and "affirmed".
"Or" may be read "and", and "and" may be read "or" if the
sense requires it.
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.
Shall include a corporation, firm, partnership, association,
organization, and any other group acting as a unit as well as individuals.
It shall also include an executor, administrator, trustee, receiver
or other representative, appointed according to law. Whenever the
word "person" is used in any Section of this Code of Ordinances prescribing
a penalty or fine, as to partnerships or associations the word shall
include the partners or members thereof, and as to corporations the
word shall include the officers, agents or members thereof, who are
responsible for any violation of such Section.
Personal property shall include both tangible and intangible
personal property, as defined herein.
The words "preceding" and "following", shall mean next before
and next after, respectively.
It shall mean place or places.
Shall include real and personal property.
Shall mean any park, cemetery, school yard or open space
adjacent thereto.
The words "public way" shall include any street, alley, boulevard,
parkway, highway, sidewalk or other public thoroughfare.
The terms "real property" or "premises" or "real estate"
or "lands" shall be deemed to be co-extensive with lands, tenements
and hereditaments.
Shall be construed to mean the place adopted by a person
as his place of habitation, and to which, whenever he is absent, he
has the intention of returning. When a person eats at one place and
sleeps at another, the place where such person sleeps shall be deemed
his residence.
The City or Corporate Seal.
The portion of the street between the curb line and the adjacent
property line, intended for the use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his mark shall be intended.
The State of Missouri.
Shall mean and include any public way, highway, street, avenue,
boulevard, parkway, alley or other public thoroughfare, and each of
such words shall include every other of them.
Shall include goods, chattels, and all similar personal property
except intangible personal property as defined herein.
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.
Words used in the past or present tense include the future
as well as the past and present.
Shall be construed to mean seven (7) days.
Shall include printing, lithographing or other mode of representing
words and letters.
A calendar year.
All general provisions, terms, phrases and expressions contained
in this Code of Ordinances shall be liberally construed in order that
the true intent and meaning of the Board of Aldermen may be fully
accomplished.
[CC 1971 §1-5; Ord. No. 773 §7, 5-15-1990]
A.
A copy
of such Code shall be kept on file in the office of the City Clerk,
preserved in looseleaf 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 Board of Aldermen 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 Board of Aldermen. This copy of such Code shall
be available for all persons desiring to examine the same.
B.
In
determining whether or not any ordinances hereafter passed, or any
part thereof, shall be noted in the copies of the codification so
preserved by the City Clerk, and in determining the form of any such
note and its location, if any doubt arises, the City Clerk shall be
guided by the advice of the City Attorney or his assistants.
[Ord. No. 773 §§1-3, 5-15-1990]
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 Rock Port;" which shall supersede all other general and permanent ordinances of the City passed on or before April 4, 1990, to the extent provided in Subsection (C) hereof.
B.
All
provisions of such Code shall be in full force and effect from and
after May 15, 1990.
C.
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 May 15, 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;
3.
Ordinances appropriating funds or establishing salaries and compensation,
and providing for expenses;
4.
Ordinances granting franchises or rights to any person, firm or corporation;
5.
Ordinances relating to the dedication, opening, closing, naming,
establishment of grades, improvements, altering, paving, widening
or vacating of streets, alleys, sidewalks or public places.
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.
D.
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 Section.
[CC 1971 §1-6]
No Officer or employee of the City shall issue, mail or distribute
as a publication of the City or any Officer, department or branch
of the City Government any book, pamphlet, leaflet, card, circular
or other printed matter purporting to contain excerpts or quotations
from this codification or purporting to give the law on any subject
to the public, either as a reprint of any ordinance or other legislative
enactment, or as a digest, interpretation, resume, condensation or
explanation of the same without first submitting such book, pamphlet,
leaflet, card, circular or other printed matter or portion of the
same which purports to give the law, to the City Clerk for examination
and approval as to form and as to whether or not the law is correctly
stated therein.
[CC 1971 §1-7]
Any printed copy of this Code of Ordinances containing a printed
certificate of the Mayor and the City Clerk as to the correctness
of such codification shall be received in evidence in any Court for
the purpose of proving the ordinances therein contained, the same
and for the same purpose as the original ordinances, minutes or journals
would be received.
[Ord. No. 773 §4,
5-15-1990]
Any and all additions and amendments to such Code when passed
in such form as to indicate the intention of the Board of Aldermen
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 Rock Port", shall be understood and intended to include such additions
and amendments.
[1]
State Law Reference — How ordinances passed, RSMo. §79.130.
[RSMo. §79.130]
The style of the ordinances of the City shall be: "Be it ordained
by the Board of Aldermen of the City of Rock Port, 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 provided in Section 79.140,
RSMo.
[CC 1971 §1-10]
The catchlines of the Sections of this Codification printed
in boldface type are intended as mere catchwords to indicate the contents
of the Section and shall not be deemed or taken to be titles of such
Sections, nor as any part of the Section, nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including
the catchlines, are amended or re-enacted.
[Ord. No. 773 §8, 5-15-1990]
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 Rock Port to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 100.100 of this Code.
[Ord. No. 773 §5, 5-15-1990]
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, and no specific penalty is provided
for the violation thereof, upon conviction of a violation of any such
provision of this Code or of any such ordinance, rule, regulation,
notice or order, the violator shall be punished by a fine not exceeding
five hundred dollars ($500.00), or by imprisonment in the City or
County Jail not exceeding ninety (90) days or by both such fine and
imprisonment; 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.
Each
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.
[1]
State Law Reference — Limitation on penalty, RSMo. 79.470.
[Ord. No. 773 §6, 5-15-1990]
In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Section 100.100 of this Chapter 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.
[CC 1971 §1-14]
All fines and costs collected for the violation of any provision
of this Code shall be turned into the City Treasury to the credit
of the General Fund.
[CC 1971 §1-15]
In the interpretation and application of any provision of this
Code, it shall be held to be the minimum requirements adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of this Code imposes restrictions
upon the subject matter differing from a general provision imposed
by the Code, the provision imposing the greater restriction shall
be deemed to be controlling.
[CC 1971 §1-16]
Each Section of ordinances enacted by the Board of Aldermen
shall be appropriately numbered.
[CC 1971 §1-17]
All ordinances enacted by the Mayor and Board of Aldermen shall
take effect upon their adoption and approval by the Mayor unless an
ordinance shall otherwise specify the time when it shall go into effect.
[CC 1971 §1-19; Ord. No. 33 §§1-3, 4-24-1893]
The various monies of the City shall be divided into such different
and various funds as may be necessary from time to time. Such funds
shall be reviewed annually and consolidated or reduced as conditions
may require for ease of administration.
[Ord. No. 711, 5-3-1983]
A.
No
person who is not an employee of the City shall use or operate any
motor vehicle or equipment owned or leased by the City.
B.
The
City Personnel Director, with the approval of the highest elected
official in the City, may contract for the use of the City's vehicles
and equipment on an hourly basis, provided said equipment or vehicles
are operated by trained City personnel. The terms and conditions for
the use of such equipment and vehicles shall be as determined from
time to time by resolution of the Board of Aldermen.
[Ord. No. 760 §6, 2-2-1988]
In the City of Rock Port, Missouri, said sales tax has been
approved and every retailer shall add the tax imposed by the sales
tax law of the State of Missouri and the tax imposed by Sections 94.500
to 94.570 of RSMo., 1969, as amended, to his sale price, and when
added, the combined tax shall constitute a part of the price and shall
be a debt of the purchaser to the retailer until paid, and shall be
recoverable at law in the same manner as the purchase price. the combined
rate of the State sales tax and City sales tax shall be the sum of
the two (2) rates, multiplying the combined tax rate times the amount
of the sale.
[Ord. No. 849 §§1 —
2, 5-28-1996]
A.
Pursuant
to the authority granted by, and subject to the provisions of Section
144.600 through 144.763, RSMo., a use tax for general revenue purposes
is imposed for the privilege of storing, using or consuming within
the City any article of tangible personal property. This tax does
not apply with respect to the storage, use or consumption of any article
of tangible personal property purchased, produced or manufactured
outside this State until the transportation of the article has finally
come to rest within this City or until the article has become commingled
with the general mass of property of this City.
B.
The
rate of the tax shall be one percent (1%). If any City sales tax is
repealed or the rate thereof is reduced or raised by voter approval,
the City use tax rate shall also be deemed to be repealed, reduced
or raised by the same action repealing, reducing or raising the City
sales tax.
[Ord. No. 870 §1, 5-13-1997]
Subject to the provisions hereinafter set out there is hereby
imposed a City sales tax at a rate of one-half (½) percent
on the receipts from the sale at retail of all tangible personal property
or tangible service at retail within the City of Rock Port, Missouri,
if such property or services are subject to the taxation by the State
of Missouri under the provisions of Sections 144.010 to 144.510, RSMo.,
1994, with the proceeds of such tax to be applied to capital improvements
being the repair and the improvement of all City streets in lieu of
those proceeds being collected as authorized by ordinance number 760
and ordinance number 830 for the repair and improvement of all City
streets thereby freeing the balance of the revenues collected pursuant
to ordinance number 760 and ordinance number 830 to be utilized as
general revenues for the City of Rock Port, Missouri, in lieu of the
collection of personal property tax and vehicle stickers within the
City.
[Ord. No. 947 §1, 11-9-2004]
Pursuant to the authority granted by and subject to the provisions
of Section 321.242, RSMo., a tax for the operation of the Rock Port
Fire Department is hereby imposed at the rate of one-fourth of one
percent (0.25%) on all retail sales made within the City of Rock Port,
Missouri, which are subject to taxation pursuant to the provisions
of Sections 144.010 to 144.525, RSMo., and shall be collected pursuant
to the provisions contained in the aforesaid Sections.
[Ord. No. 1175 § 1, 1-18-2017[1]]
Pursuant to the authority granted by and subject to the provisions
of Sections 94.700 to 94.755, RSMo., a tax for transportation purposes
as defined in Section 94.700, RSMo., is hereby imposed upon all sellers
for the privilege of engaging in the business of selling tangible
personal property or rendering taxable services at retail to the extent
and in the manner provided in Sections 144.010 to 144.510, RSMo.,
and the rules and regulations of the Director of Revenue issued pursuant
thereto. The rate of the tax shall be one-half of one percent (0.5%)
on the receipts from the sale at retail of all tangible personal property
or taxable services at retail within the City of Rock Port, Missouri,
if such property and taxable services are subject to taxation by the
State of Missouri under the provisions of Sections 144.010 to 144.510,
RSMo. The tax shall become effective as provided in Section 94.705,
RSMo., and shall be collected pursuant to the provisions of Sections
94.700 to 94.755, RSMo., and Sections 32.085 and 32.087, RSMo.
[1]
Editor's Note: This tax was passed by a majority of the
electorate on 4-4-2017.
[Ord. No. 1002 §1, 11-20-2007, passed in the election of April, 2008; Ord. No. 1019 §§1 — 6, 5-13-2008]
A.
Imposition of Hotel and Motel Guest Tax. Pursuant to the
authority granted by and subject to the provisions of Sections 67.1000
and 67.1002, RSMo., a tax for the purpose of promoting the City as
a convention, visitor and tourist center of five percent (5%) per
occupied room per night is hereby imposed on the charges for all sleeping
rooms paid by transient guests of hotels or motels situated in the
City. The tax shall become effective on the first (1st) day of the
calendar quarter following the calendar quarter in which the election
was held and shall be collected pursuant to the provisions of Section
67.1002, RSMo.
B.
Tax Levied.
1.
Every person now or hereafter engaged in the hotel or motel business
in the City of Rock Port shall pay to the City, as a license or occupation
tax, five percent (5%) per occupied room per night and is hereby imposed
on the charges for all sleeping rooms paid by the transient guests
of hotels or motels situated in the City.
2.
To the extent allowed by law, the Mayor and the City Clerk are hereby
directed to promulgate forms for, and collect such tax.
C.
Statement of Charges Required — Payment of Tax. All
persons now or hereafter engaged in the hotel or motel business in
the City of Rock Port are hereby required to complete and file with
the City Clerk a hotel/motel tax remittance form (a copy of which
is set out after this Section) on or before the twentieth (20th) of
the month following the month ending.
D.
Investigation of Hotel/Motel Tax Remittance Form. The City
Clerk and such other persons as may be designated by the Board of
Aldermen is and hereby are authorized to investigate the correctness
and accuracy of any hotel/motel tax remittance form submitted to the
City under the provisions of the Ordinance of Missouri law and for
that purpose shall have access at all reasonable times to the books,
documents, papers and record, including computer records, of any person
submitting such remittance form.
E.
Violations — Penalties.
1.
Any person now or hereafter engaged in the hotel or motel business
in the City of Rock Port who shall violate any of the provisions of
this Section upon conviction thereof shall be punished by a fine not
to exceed five hundred dollars ($500.00) or be imprisoned in jail
for not more than three (3) months, or by both such fine and imprisonment.
A separate offense shall be deemed committed upon each day during
or upon which a person violates any provision of this Section.
2.
Delinquent taxes under this Section shall be subject to the penalties
as provided for by other ordinances of the City, now or hereafter
enacted, relating to penalties on delinquent taxes.
3.
To the extent required by law, unless specifically stated otherwise
in Sections 92.074 to 92.098, RSMo., taxpayer remedies, enforcement
mechanisms, tax refunds, tax protests, assessments and all other procedures
regarding the tax imposed by this Section shall be the same as those
provided in Chapter 144, RSMo.
F.
Construction. To the extent required by law, in all respects
this Section shall be interpreted, construed and applied consistent
with the requirements of Sections 92.074 to 92.098, RSMo.
[Ord. No. 1037 §§1 —
4, 2-18-2009]
A.
APPLIANCE
ENERGY STAR CERTIFIED
For
purposes of this Section, the following terms shall mean:
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, air-conditioners,
furnaces, refrigerators and freezers.
Any appliance approved by both the United States Environmental
Protection Agency and the United States Department of Energy as eligible
to display the energy star label, as amended from time to time.
B.
By
enacting this Section, the City of Rock Port hereby elects to allow
the Show Me Green Sales Tax Holiday established by Section 144.526,
RSMo., Supp. 2008, to apply to its local sales taxes so that there
shall be exempted from local sales taxes all retail sales of any energy
star certified new appliance, up to one thousand five hundred dollars
($1,500.00) per appliance, in each year beginning on or after January
1, 2009, during a seven (7) day period beginning at 12:01 A.M. on
April nineteenth (19th) and ending at Midnight on April twenty-fifth
(25th).
C.
This
Section shall not apply to any retailer when less than two percent
(2%) of the retailer's merchandise offered for sale qualifies for
the sales tax holiday. Such retailer shall offer a sales tax refund
in lieu of the sales tax holiday.
D.
The
Clerk shall take any and all steps necessary to notify the Missouri
Department of Revenue not less than forty-five (45) calendar days
prior to the beginning date of the sales tax holiday of the adoption
of this Section and the election to allow the Show Me Green Sales
Tax Holiday to apply within the City of Rock Port.
