AN ORDINANCE ESTABLISHING THE CORPORATE LIMITS AND THE BOUNDARY LINES OF THE VILLAGE OF EOLIA, MISSOURI.
Be it ordained by the Board of Trustees of the Village of Eolia, Missouri, as follows:
SECTION ONE
BOUNDARIES – The Boundaries of the Village of Eolia, Missouri, reads in words and figures as follows:
Beginning at a point on the centerline of U.S. Highway No. 61 said point, being 1,120’ from the south line of Pike County, Missouri; thence N84○ - 27’ E, 194 ft. to an iron pin; thence S54○ - 17’E, 2,112 ft. to an iron pin; thence N77○ - 01’E, 606 ft. to an iron pin; thence N16○ - 29’W, 2,714 ft. to an iron pin; thence N88○ – 37’W, 203 ft. to a point; thence N1○ – 23/E, 263’ more or less to the North line of a street; thence N88○ – 37’W, 100 ft. along north line of said street; thence N1○ – 23’E, 209 feet to a point; thence S 88○ – 37’E, 100 ft. to a point; thence N45○ - 38’E, 350 ft. to an iron pin; thence N0○ – 47’W, 463 ft. more or less to an iron pin at the south line of Church St.; thence N5○ – 00’W, 2,515 ft. more or less to an iron pin at the south line of a gravel road; thence N5○ – 15’W, 1,745 ft. to and iron pin, said iron pin being near the Southwest corner of a cemetery and the north line of a gravel road; thence S88○ – 45’W, 2,322 ft. to an iron pin; thence S79○ – 45’W, 2,740 ft. to an iron pin, said iron being on the westerly right-of-way line of said U.S. Highway No. 61, and also at the Northeast corner of the tract of land presently occupied by the Heil Packing Co.; thence S39○ – 30’W, 679.6 ft. to an iron pin; thence N50○ – 30’W, 200 ft. to an iron pin; thence S39○ – 30’W, 240.6 ft. to an iron pin; thence S50○ – 30’E, 1, 180.8 ft. to an iron pin; thence N39○ – 30’E, 716.4 ft. to an iron pin, said iron pin being on the westerly right-of-way line of U.S. Highway No. 61 and also at the Southeast corner of said tract of land occupied by Heil Packing Co.; thence continuing N39○ – 30’E, 30 ft. more or less to centerline of said U.S. Highway No. 61; and thence southwardly along the said centerline of U.S. Highway No. 61 following the meanderings thereof to the point of beginning.
SECTION TWO
PLAT TO BE FILED – That a plat showing the boundaries shall be filed with the County Recorder of Pike County, Missouri.
SECTION THREE
EFFECTIVE DATE HEREOF – This ordinance shall be in full force and effect from and after the date of its passage and approval.
PASSED AND APPROVED THE 3RD DAY OF AUGUST, 1964.
SIGNED:
Robert N. Meyer, Chairman
ATTEST:
R.S. Tucker, Village Clerk
ORDINANCE LEVYING A LICENCE TAX TO BE PAID BY PERSONS, FIRMS OR CORPORATIONS ENGAGED IN THE BUSINESS OF SUPPLYING ELECTRICITY FOR LIGHT, HEAT AND POWER, FOR COMPENSATION, FOR ANY PURPOSE IN THE VILLAGE OF EOLIA, MISSOURI, AND REPEALING ALL ORDINANCES OR PARTS THEREOF, IN CONFLICT THEREWITH, AND FIXING THE TIME WHEN THE ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED by the Board of Trustees of the Village of Eolia, Missouri, as follows:
SECTION 1. The word “Person” when used in this ordinance, shall include any individual, firm, co-partnership, joint partnership, joint adventure, association, corporation, estate, business trust, trustee, receiver, syndicate or any other group or combination acting as a unit, in the plural as well as singular in number.
SECTION 2. Every person now or hereafter engaged in the business of supplying electricity for compensation for any purpose in the Village of Eolia shall pay the Village of Eolia as a license tax a sum equal to five per cent (5%) of the gross operating revenue derived from such business within the corporate limits of said Village of Eolia.
SECTION 3. It is hereby made the duty of every person engaged in the business described in the foregoing sections hereof, to file with the Clerk of the Village of Eolia on the 15th day of January and the 15th day of July of each year, a sworn statement of the gross receipts of such persons from such business for the preceding six months or parts thereof after this ordinance takes effect preceding the filing of such statement. The Clerk of the Village of Eolia, or deputy or authorized agent, shall be and is hereby authorized to investigate the correctness and accuracy of the said statement required and for that purpose shall have access, at all reasonable times and business hours, to inspect the books, documents, papers and records of any such person so making such statement, in order to ascertain the accuracy thereof.
SECTION 4. Every person now or hereafter engaged in the business described in Section 2 thereof, shall pay to the Collector of the Village of Eolia on the 15th day of January, and on the 15th day of July of each year that this ordinance is in force and effect an amount equal to five per cent (5%) of said person’s gross receipts from the said business herein named for the preceding six months, or parts thereof, that this ordinance is in force and effect.
SECTION 5. The tax herein required to be paid shall be in lieu of any other occupation tax, required of any person engaged in the business enumerated in Section 2 hereof, but nothing herein contained shall be so construed as to exempt any such person from the payment to the Village of Eolia of the tax or taxes, which the Village of Eolia levies upon the real or personal property belongings to any such person, nor the lax required of merchants or manufacturers for the sale of anything other than electricity, nor shall the tax herein required exempt any such person from the payment of any other tax, which may be lawfully required, other than an occupation tax on the business described in Section 2.
SECTION 6. If any section or sections or parts thereof of this ordinance shall be held invalid for any reason, the invalidity of such section or sections or parts thereof, shall not impair the validity of the remaining section, sections, or parts thereof of this ordinance, the Board of Trustees hereby declaring that it would have passed the remaining portion of this ordinance had it known any section, sections, or parts thereof would be held invalid.
SECTION 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 8. This ordinance shall take effect and be in full force from and after its passage and approval.
PASSED AND ADOPTED by the Board of Trustees on this second day of November, 1964.
Robert N. Meyer, Presiding Officer
Approved by the Chairman of the Board of Trustees on this second day of November, 1964.
Robert N. Meyer, Chairman of the Board of Trustees
ATTEST:
R.S. Tucker, Village Clerk
AN ORDINANCE ACTING UNDER AUTHORITY GRANTED BY SECTION 304.120 R.S.MO. 1949, REGULATING THE MOVEMENT OF TRAFFIC UPON THE STREETS, ALLEYS AND HIGHWAYS OF THE VILLAGE OF EOLIA, MISSOURI, AND PROVIDING A PENALTY AND PUNISHMENT FOR THE VIOLATION THEREOF.
BE IT HEREBY ORDIANED BY THE BOARD OF TRUSTEES, AS FOLLOWS:
SECTION ONE
Relating to and in compliance with Article IV, Section 30 of the constitution of this state, Sections 226.190 and 226.150 R.S.MO. 1949, and Section 12 of the 1944 Federal Highway Aid Act, and as a condition to the receipt of federal aid funds, on all state or federal marked highways within this municipality, the warrant for, the location, form and character of informational, regulatory and warning signs, curb and pavement markings and traffic signals installed or placed by any public authority or other agency shall be subject to the approval of the Missouri State Highway Commission, and where federal aid has been used, with the concurrence of the Federal Bureau of Public Roads.
SECTION TWO
It is unlawful, and unless otherwise declared herein with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required in this ordinance.
SECTION THREE
Nor person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
SECTION FOUR
The provisions of this ordinance shall apply to the driver of any vehicle owned by, or used in the service of the United States Government, this state, county or municipality, or any other driver of a vehicle, and it shall be unlawful for any said driver to violate any of the provisions, regulation or regulations of this ordinance, except as otherwise permitted in this ordinance or by state law.
SECTION FIVE
The local officials of this municipality recognize as applicable to all highways, streets or alleys within the corporate limits, Sections 304.014 to 304.026 incl. – R.S.MO. Suppl. 1953 (Rules of the Road revised 1953), and all police officers are hereby ordered to enforce such provisions, regulation or regulations in like manner and effect and in the same manner as the provisions, regulation or regulations of this ordinance.
SECTION SIX
TYPES OF TRAFFIC SHALL OBEY TRAFFIC REGULATIONS
(a) Every person propelling any pushcart or [unreadable] or driving any animal or animals upon a roadway, and any person diving an animal-drawn vehicle shall be subject to the provisions, regulation or regulations applicable to the driver of any vehicle, [unreadable] those provisions, regulation or regulations of this ordinance who by their very nature can have no application.
(b) All persons, riding or driving upon any motor scooter, motor bike motorcycle, coaster sled, roller skates, bicycle, or any toy or diminutive vehicles upon any highway, street or alley, and while so riding or driving shall be subject to the same provisions, regulation or regulations applicable to and applying to the driver of any vehicle, or to the regulation or regulations of pedestrians.
SECTION SEVEN
REMOVING AND TOWING ILLEGALLY ONSTRUCTING VEHICLES
On all highways, streets or alleys within the corporate limits, any motor vehicle or other movable object which by parking, unparking, stopping, standing or driving in an illegal manner, the same attempts to, or does, congest, [unreadable] or unduly restricts a free, clear and unimpeded movement of traffic shall, in discretion of the enforcement office having jurisdiction, be removed to such place, property or destination remote from such traffic movement and thereby impounded until such time as the registered owner [unreadable] shall claim the same by the full payment of costs accrued for towing, storage while so impounded, court costs and fines assessed as a misdemeanor, or upon the [unreadable] or a bond or bonds as decreed, by the court having jurisdiction, provided further that [unreadable] provisions of this section shall be applicable to private parking lots or for limited time parking for customers, or where parking is regulated by a [unreadable] payment either by parking meter or personal administration, all when duly posted as such.
SECTION EIGHT
USE AND RESULTA OF SPEED METERS PRIMA FACIE EVIDENCE
The use of, and results determined, by any speed meter, machine or mechanism which seeks to reduce the error of manual operation to a minimum, shall be acceptable as evidence where driving in excess of posted speed limits is the cause of action, except the use thereof shall not be construed to exclude any competent evidence secured by any other manner or means.
SECTION NINE
CARELESS AND RECKLESS DRIVING
Wherever in this ordinance or state law regulating traffic, or any [unreadable] or previous enactment of any provisions, regulation or regulations relating to the same intent or subject matter thereof, and driver who shall recklessly and carelessly disregard by noncompliance those provisions, regulation or regulations authorized to protect person, life and limb, such reckless and careless disregard, and noncompliance within the meaning of this ordinance shall be regarded as prima facie evidence of careless and reckless driving and so punished.
SECTION TEN
AUTHORITY GRANTED HEREUNDER
The proper officials of this municipality and the Missouri State Highway Commission or their legal agents, are and shall be authorized to paint, mark, place, erect, and maintain official signs, signals and markings or traffic control devices as authorized herein or by state law, on the surface, suspended over with legal clearance, or by the side of the traveled highway, as informational to the traveling public, and as a warning to all vehicle operators and pedestrians.
SECTION ELEVEN
ADDITIONAL AUTHORIZATION
The proper officials of this municipality, and the State Highway Commission for state and federal marked highways, or their legal agents, are hereby authorized:
(1) To designate and establish speed, safety and hazard zones of such [unreadable] character and number, and at such places as deemed warranted and necessary, and which will be of the greatest benefit to the general public.
(2) To erect warning and informational signs or markings at a distance from certain locations which are deemed by them to be dangerous and hazardous, and such other informational signs deemed beneficial to the general public or as a warning to the general public.
(3) To designate and mark lanes for traffic and no passing zones, as they are deemed warranted and beneficial to the general public, consistent with state laws and this ordinance.
(4) To erect and place signs and marking establishing crossovers or crosswalks or prohibiting or restricting the stopping, standing parking of vehicles on any highway where in their opinion such stopping, standing and parking of any vehicle or obstruction would unduly interfere with the free movement of traffic thereof. Every persona shall legally observe such signs and markings as authorized hereunder or by state law.
(5) To designate, establish, and [unreadable] rules and regulations for the operation thereof of bus stops, loading and unloading zones taxicab stands, and in such places an in such manner as they [unreadable] determine to be of the greatest benefit and convenience to the public, and every such bus stop, loading and unloading zone and taxicab stand shall be designated by appropriate signs. Every [unreadable] shall legally observe the rules so authorized hereunder.
(6) To prescribe rules and regulations for the vending, display or [unreadable] of merchandise and other wares or products upon any portion of the highways, streets and markings are placed depicting “No Vending” words to that effect, every person shall legally observe such signs, markings, rules, regulation or regulations.
(7) To designate, post and mark one way roadways rotary traffic [unreadable] and city squares for one way traffic to the right.
(8) To designate certain highways, streets and alleys in this municipality as throughways or through streets and highways, and all traffic [unreadable] come to a complete STOP before entering or crossing such, when properly sign posted and marked.
RULES, REGULATION, OR REGULATIONS
SECTION TWELVE
SPEED, SPEED LIMITS, SPEED ZONES
(a) BASIC RULE- Every personal operating a vehicle on the highways, streets or alleys of this municipality, shall be so controlled as under the conditions and having due regard to the actual and reasonable hazards existing at the time and place shall be (1) reasonable, careful, and prudent, and two (2) necessary so as not to endanger any person, property, life and limb.
(b) No person shall drive a motor vehicle at such a slow speed as to impeded, congest or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law. Police officers are hereby authorized to [unreadable] this provision by direction to drivers and in event of apparent disobedience of this provision and refusal to comply with the direction of an officer in accordance therewith the continued slow operation by a driver shall be a misdemeanor.
(c) The speed limitations duly posted in speed limit zones, or otherwise, shall not apply to authorized emergency vehicles when responding to emergency calls, (and not upon their return therefrom) and the drivers thereof sound audible signal by bell, siren, or exhaust whistle. This provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highways, streets, or alleys, nor shall it protect the driver of any such vehicle from the consequence of a reckless disregard of the person, property, life and limb of others. Legally authorized emergency vehicles operating in and through this municipality shall only be those stipulated and defined by law under Section 304.020 R.S.MO. Supp. 1953.
(d) Violations of the provisions of this section and specifying speed limitations shall not be construed to relieve the parties in any civil action or any claim or counter claim from the burden or proving negligence or contributory negligence as the proximate cause of an accident or as the defense in a negligence action.
(e) The operation of a vehicle at a speed in excess of the following, (posted speed limits) shall be considered evidence of driving at a rate of speed which is not reasonable, careful, prudent and lawful, and considered dangerous to person, property, life and limb:
US Route 61 55 M.P.H.: From South City Limits to North City Limits
Route D 35 M.P.H.: From Junction Rt. 61 and D North 900 Ft.
25 M.P.H.: From 900 Ft. North to Washington St.
35 M.P.H.: From Washington St. to North City Limits
Route W 35 M.P.H.: From Junction Route W and D to East City Limits
(f) The Board of Trustees of the municipality [unreadable] is hereby authorized, to establish and post (except on state and federal marked highways and then only when approved by the State Highway Commission)
SECTION THIRTEEN
THROUGHWAYS
By this ordinance all state and federal marked highways within this municipality are hereby declared throughways and all traffic operating in such municipality shall come to a complete stop, before operating onto or across such declared throughways.
SECTION FOURTEEN
NO “U” TURNS, LEFT TURNS OR RIGHT TURNS
Where signs are duly posted stating NO “U” TURNS, NO LEFT TURNS, NO RIGHT TURNS, or words to that affect, it shall be unlawful for the driver of any vehicle to make such a forbidden traffic movement within any intersection or a portion of the highway, street or alley adjacent or between any intersection.
SECTION FIFTEEN
OBSTRUCTING FREEWAY
Parking, unparking, stopping, standing, manner of driving or otherwise obstructing, shall be so regulated and controlled, and in such a manner as to permit of a clear, free and unimpeded freeway, travelway or throughway of such certain widths for certain streets, alleys and state and federal marked highways or portions thereof, as described and set forth in Schedule II, attached hereto and made a part of this ordinance, and any person so parking, unparking, stopping, standing, manner of driving or otherwise obstructing so herein forbidden shall be guilty of a misdemeanor and have such obstructing removed as provided herein. It is further provided, within the meaning of this ordinance, that not less than [unreadable] feet in width shall constitute an unobstructed freeway, travelway or throughway on all state and federal marked highways within this municipality.
SECTION SIXTEEN
STOP, STOPPING, STOP SIGNS
(a) The driver of a vehicle shall stop as required by this ordinance at the entrance to a throughway, or at any other location where stop signs are posted, and shall yield the right of way to other vehicles which have entered the intersection on the throughway or other opposing roadway, or which are approaching so closely on such as to constitute an immediate hazard
(b) When school, church or pedestrian crossing stop signs or markings are in place and clearly visible to the driver, every driver of a vehicle shall come to a complete stop.
(c) Where school or church zone signs, markings or devices are posted, erected or marked, every person driving a vehicle shall slow down observing all regulations related to pedestrian traffic.
(d) Non-compliance and careless and reckless disregard of the provisions of this section shall be deemed with the meaning of this ordinance and the judgment of the police office enforcing as prima facie evidence of careless and reckless driving and be punished.
SECTION SEVENTEEN
PEDESTRIANS
(a) When traffic control signals are not in [unreadable] or not in operation, the driver of a vehicle shall [unreadable] the [unreadable] [unreadable], slowing down or stopping if need be to so yield, to pedestrians crossing the roadway within a crosswalk.
(b) Whenever any vehicle is stopped at a marked crosswalk or at any other crossing of a roadway to permit a pedestrian to cross such roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(c) Notwithstanding the forgoing provisions of this ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn, when necessary and shall exercise proper precaution upon observing any child or any [unreadable], [unreadable], incapacitated person, or blind person with white cane or seeing eye dog upon crossing a roadway.
SECTION EIGHTEEN
ONE WAY STREETS
Upon all highways, streets or alleys or portions thereof, within this municipality, where directional signs or markings are placed, or signs or markings reading “One Way” or words to that effect, vehicle traffic shall move only in the indicated direction, and when such indicating signs or markings are plainly visible at any place, movement in the opposite direction is prohibited.
SECTION NINETEEN
PASSING SCHOOL BUSES
(a) Any driver of a vehicle upon any stree, alley or highway within this municipality, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children or other passengers whom the driver of said school bus has in the manner prescribed by law given a signal to stop, shall stop such vehicle before reaching such school bus and shall not proceed until signaled by the driver to proceed.
(b) Every such school bus operator within this municipality shall comply with all rules, regulation or regulations of the State Board of Education in and for the operation thereof.
SECTION TWENTY
GENERAL PARKING REGULATIONS
(a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflicat with other traffic or in compliance with the law or the direction of a police officer or traffic control devices, in any of the following places:
(1) On a sidewalk,
(2) In front of a public or private driveway,
(3) Within an intersection,
(4) Within fifteen (15) feet of a fire hydrant
(5) On a crosswalk,
(6) Within twenty (20) feet of a crosswalk at an intersection
(7) Within thirty (30) feet upon the approach of any flashing becon, stop sign, or traffic control signal, unless the traffic authority shall indicate a different length by signs or markings and warranted for stopping storage,
(8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority shall indicate a different length by signs or markings,
(9) Within fifty (50) feet of the nearest rail or a railroad crossing,
(10) Within twenty (20) feet in either direction of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly sign posted or marked),
(11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic,
(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street or highway,
(13) Upon and bridge or other elevated structure upon a highway or within a highway tunnel,
(14) At any place where official signs prohibit stopping, standing, or parking,
(15) Within t10 feet in either direction of any mail box used from rural delivery
(b) Except as otherwise provided in this section every vehicle stopped or parked upon any roadway or street where there are adjacent curbs shall be stopped or parked with the right hand wheels of such vehicle parallel to and within 18 inches of the right hand curb. And where curbs do not exist such stopping or parking shall be completed in such a manner as to leave the necessary paved travelway plus one (1) foot on either side available as a freeway.
SECTION TWENTY-ONE
FLASHING SIGNALS
Whenever an illuminated flashing RED or Amber signal is used in a traffic sign or signal it shall required obedience by vehicular traffic as follows:
(a) FLASHING RED – STOP SIGNAL – When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall STOP before entering the nearest crosswalk at an intersection or at a limit line where so marked, or, if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a STOP at a STOP sign.
(b) FLASHING AMBER – CAUTION SIGNAL – When an amber lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
SECTION TWENTY-TWO
OPERATION OF FUNERAL AND OTHER PROCESSIONS
(a) No driver of any vehicle or motorman of a street car, within the corporate limits of this municipality shall, under any circumstances, drive between the vehicles comprising a funeral procession, while the same are in motion and when such vehicles or procession of pedestrians are conspicuously designated as required by ordinance or law. This provision shall not apply at intersections or other places where traffic is controlled by traffic control signals or police officers.
(b) No procession or parade containing 200 or more persons or 50 or more vehicles, excepting forces of the United States Army and Navy, the military forces of this states and the forces of the police and fire departments, shall occupy, march or proceed along any highway, street or alley in this municipality, except in accordance with a permit issued by an officer designated by the local officials, and such other regulation or regulations which may apply by ordinance or law.
(c) A funeral composed of a successive procession of vehicles and pedestrians afoot shall be identified as such by the display of sufficient number of pennants to readily identify the same with not less of such pennants than one at the rear and front of such and intermediately such number and of [unreadable] as may be designated by local officials or their agents.
SECTION TWENTY – THREE
UNAUTHORIZED SIGNS, SIGNALS, ETC.
(a) No person shall place, maintain, or display upon or in view of any street, alley or highway in said county, any unauthorized sign, signal, or marking, which purports to be, or is an imitation of, or resembles an official traffic control sign, signal, marking, device, or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view, or interferes with the effectiveness of any traffic control device or railroad sign or signal, and no person shall place and maintain, nor shall the county court permit on any street, alley or highway in said county, any traffic control sign, signal, or marking bearing thereon commercial advertising. This shall not be deemed to prohibit the erection on private property adjacent thereto, “provided such does not hide from view the effectiveness of any official traffic control signs, signals, markings or devices, or railroad signs, and signals, of signs giving useful information and of a type that cannot be mistaken for those official.
(b) Every such prohibited sign, signal, marking, device or other obstruction to expedite traffic movement, is hereby declared a public nuisance and the authority having jurisdiction is hereby empowered to remove the same or cause such to be removed without due notice.
SECTION TWENTY-FOUR
UNLAWFUL TO ALTER OR DESTROY TRAFFIC CONTROL DEVICES
No person shall, without lawful authority, attempt to, or in fact alter, deface, injure, knock down, or remove any official sign, signal, or any inscription, shield, or insignia [unreadable] any part thereof.
TWENTY – FIVE
ANGLE PARKING WHERE PERMITTED
Angle parking within the corporate limits of this municipality in contradiction to Section 20 of this ordinance will be permitted on such highways, streets or alleys or portions thereof, and for such period of time as described and listed in Schedule (M), attached hereto, and made a part of this ordinance.
TWENTY-SIX
MOVEMENT OF FIRE APPARATUS
(a) The driver of any vehicle other than one of official business or stipulated as an emergency vehicle, shall not follow any fire apparatus or other vehicles thereto pertaining, traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block (and where not designated by blocks within 500 feet), where the fire apparatus has stopped in answer to a fire alarm.
(b) No street car or other vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or streetcar tract, or other place when commanded not to do so, without the full consent of the fire department official in command.
(c) Every such driver of a vehicle, or any pedestrian shall at all times heed and obey any order, instruction, rule, regulation or regulations as given by a police officer or fire department official in command, when fire apparatus or other vehicles pertaining have stopped in response to a fire alarm or emergency call.
TWENTY – SEVEN
No person operating a truck, whose rated manufacturer’s capacity is greater than three-fourths (3/4) tons or whose length is greater than twenty (20) feet and whose width, including a load, is greater than ninety-six (96) inches, shall stop, stand or park the same in such places and for such period of time as described and listed in Schedule (X), hereto attached and made a part of this ordinance, and when properly marked and posted it shall be unlawful to do those acts or acts forbidden.
SECTION TWENTY – EIGHT
No person shall park any type of vehicle or movable object on any highway, street or alley in this municipality for the principle purpose of:
(a) Displaying such vehicle or moveable object for sale.
(b) Washing, greasing or repairing such vehicle or moveable object except repairs necessitated by emergency mechanical failure
SECTION TWENTY – NINE
DANGEROUSLY OR CARELESSLY LOADED VEHICLES
No person shall drive an overload vehicle or one loaded in such manner that any part of the load is likely to fall upon and litter any highway, street or alley in this municipality, or cause injury or grief to persons or damage other vehicles, nor shall he permit any part, portion or the while of such load to fall upon and to remain upon the highway, street or alley.
SECTION THIRTY
AUTHORIZE PLAYGROUND, CHURCH AND SCHOOL SIGNS
The local officials and the State Highway Commission, or their agents, in their respective jurisdiction, are herby authorized to [unreadable], mark or signpost certain church, school and playground stops, relating to a warrant for a guarding person, property, life and limb, and of a type and number best suited to the needs of the general public, and producing the least delay to through moving traffic.
SECTION THIRTY – ONE
RELATING TO OFFENSIVE ODOR CARGO
It shall be unlawful for any person or persons driving a motor vehicle carrying livestock, garbage, carrion, fecal matter, or any odiferous cargo, which may be declared a public nuisance detrimental to public health and welfare to park the same within two hundred (200) feet of any residence or business establishment (except for loading and unloading purposes and then not exceeding thirty (30) minutes) at any area or place in this municipality. It shall further be unlawful to park any such motor vehicle, empty, which has been hauling or contains such odiferous matter which may likewise be classes as a nuisance within two hundred (200) feet of any residence or business establishment in this municipality, until the same has been thoroughly cleaned and disinfected according to the orders of health officials.
SECTION THIRTY – TWO
THREE-WAY AND FOUR-WAY STOPS, WHERE?
AT the following described intersections and locations three-way and four-way stop signs are hereby ordered installed, and in relation to any highway or street which in its entirety had heretofore been declared a through highway throughway, any stop on such heretofore declared through highway shall have full force and effect in like manner to stop sign placed where any minor highway or street leads into or crosses such throughway or through highway and every driver shall come to a stop when so posted and directed.
SECTION THIRTY – THREE
Any part of this ordinance declared invalid because of conflict with similar provisions and regulations under the laws of this state, or for any other reason, shall not invalidate or in any way affect the remained of this ordinance and (The Council) – (Board of Aldermen) – (Village Trustees) hereby declare it would have enacted the remained of this ordinance regardless of the part or parts that may have been declared invalid.
SECTION THIRTY – FOUR
Any person who violates any of the provisions of this ordinance or of the duly authorized rules, regulation or regulations made there under, and unless otherwise stated herein, shall be punished by a fine of not less than five dollars and not more than five hundred dollars of by imprisonment in the city or county jail not exceeding one year or by both such fine and imprisonment.
SECTION THIRTY – FIVE
All ordinances or parts of ordinances, inconsistent with, contrary to, or in any manner conflicting with this ordinance are hereby repealed.
SECTION THIRTY – SIX
This ordinance shall be in full force and effect from and after the date of its passage and approval. Read three times, passed and approved on the day of September 6, 1965.
SCHEDULE B
OF
SECTION 15 OF THE ORDINANCE ATTACHED
HERETO AND MADE A PART THEREOF
Schedule B- Relating to the provisions of Section 15 of this ordinance the following highways, streets and alleys or portions thereof, shall provide the following stipulated widths of clear, free and unimpeded freeway or travelway in the manner provided and authorized under said Section 15:
Route U.S. 61- 22 feet
Route D – 22 feet
Route W – 22 feet
ATTEST
R.S. Tucker, City Clerk
Robert N. Meyer, Chairman of the Board
AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF SEVENTEEN YEARS IN PUBLIC STREETS AND OTHER PLACES BETWEEN CERTAIN HOURS; DEFINING DUTIES OF PARENTS OR OTHERS IN CARE OF MINORS; PROVIDING FOR ARRESTS AND PENALTIES FOR VIOLATIONS THEREOF; REPEALING ORDINANCES IN CONFLICT THEREWITH.
Be it ordained by the Board of Trustees of the Village of Eolia, Missouri, as follows:
SECTION ONE
It shall be unlawful for any minor under the age of seventeen years to loiter, idle, wander, stroll, drive, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in said village, between the hours of 10:00 P.M. and 5:00 A.M. of the following day, provided, however, that the provisions of this Section do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense.
SECTION TWO
It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of seventeen years to knowingly permit such minor to loiter, idle, wander, stroll, drive, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots of other unsupervised places in said village, between the hours of 10:00 P.M. and 5:00 A.M.; provided, however, that the provisions of this Section do not apply when the minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense.
SECTION THREE
Any juvenile violating the provisions of Section One shall be dealt with in accordance with the Juvenile Court Law and Procedure of the State of Missouri. Any parent, guardian, or other adult person having the care and custody of a minor violating Section Two shall be fined not less than Ten Dollars, nor more than One Hundred Dollars, or confined in jail not more than ninety days, or punished by both said fine and imprisonment for each offense.
SECTION FOUR
All existing ordinances of the Village of Eolia are herby repealed insofar as they may be inconsistent with the provisions of this ordinance.
SECTION FIVE
It is the intention of the Board of Trustees that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Board of Trustees that if any provisions of this ordinance be declared invalid, [unreadable…………………] shall remain valid and enforceable.
SECTION SIX
This ordinance shall [unreadable…] immediately.
PASSED AND APPROVED The [unreadable] day of February, 1975.
Signed:
Thomas , Mayor
Attest:
Juanita Madden, City Clerk
AN ORDINANCE SETTING FORTH THE LICENSE TAX FOR MOTOR VEHICLES IN THE VILLAGE OF EOLIA, PIKE COUNTY, MISSOURI.
Be it ordained by the Board of Trustees of the Village of Eolia, Missouri, as follows, to-wit:
SECTION ONE
FEES ESTABLISHED: The following fee schedule shall be fees established for motor vehicle license fees for all vehicles operated within the city limits of the Village of Eolia, Missouri:
(1) For motor vehicles other than Commercial vehicles:
(a) Less than 12 horsepower $2.50
(b) 12 horse power and less than 24 horse power $3.00
(c) 24 horsepower and above $5.00
(d) Motorcycles $2.00
(2) For commercial motor vehicles having a manufacturer’s rated capacity of:
(a) Less than 2 tons $3.50
(b) 2 tons and above $5.00
SECTION TWO
FLEET CHARGE: In the event any resident of the Village of Eolia owns five (5) of more vehicles which come within the above described licensing fees, then he may file an affidavit to that effect with the Village Clerk and his fee annually shall be the sum of $25.00 and he shall be entitled to licenses for all of his such vehicles.
SECTION THREE
PERSONS SUBJECT TO TAX: All persons residing in the Village of Eolia and owning motor vehicles must purchase a license as described in this Ordinance. Provided, however, that this will not pertain to any resident owning a motor vehicle which is used exclusively outside of the village.
SECTION FOUR
DUE DATE: This yearly fee as set forth herein must be paid during the period of January 1 to December 31 of each year for which the license tax as shown herein is due.
SECTION FIVE
PENALTIES FOR VIOLATION HEREOF: Any person violating this ordinance or any part thereof shall be subject to a fine of not less than $5.00 nor more than $100.00 and/or not more than thirty (30) days in the County Jail. It is to be presumed that each day that any person is in violation of this ordinance it shall be a separate offense and summons can be issued therefore.
SECTION SIX
PRIOR AND INCONSISTANT ORDINANCES REPEALED: All ordinances to the same effect hereof or contrary hereto are hereby ordered repealed.
SECTION SEVEN
EFFECTIVE DATE HEREOF: This ordinance shall be in full force and effect for the year 1972 and shall go into effect for that year. [Handwritten addition: License to go on sale 15th Day of April. Deadline to be 31st day of May. License to be in effect May 1 – May 1]
THIS ORDINANCE PASSED AND APPROVED THIS 4 DAY OF April, 1972.
Signed:
Alvin Barnes, Mayor
Attest:
Sue Carr, Village Clerk
A BILL FOR AN ORDINANCE TO BE KNOWN AS ORDINANCE NO. 17
AN ORDINANCE CLOSING THE ALLEY BETWEEN WASHINGTON ST. AND ELSON ST. BISECTING LOTS ONE (1) THROUGH FIFTEEN (15) AND LOTS SIXTEEN (16) THROUGH THIRTY (30).
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MO., AS FOLLOWS:
SECTION ONE
PETETION – A PETETION SIGNED BY PROPERTY OWNERS IN THE VILLAGE OF EOLIA, MO., NAMELY * OTIS G. MADDEN, MARIE HAMILTON, AND LILLIAN BUCKNER HAVE PRESENTED THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA WITH SAID PETITION AND REQUEST.
SECTION TWO
CLOSING THE ALLEY – THE ALLEY BETWEEN WASHINGTON ST. AND ELSON ST. BISECTING THE ABOVE MENTIONED LOTS BE CLOSED, AND THE ALLEY BE DIVIDED AS FOLLOWS: FROM ELSON ST. NORTH – THE ALLEY GOES TO LOTS THIRTY (30) THROUGH TWENTY FIVE (25), AND THE REMAINDER GOES TO LOTS NINE (9) THROUGH ONE (1).
SECTION THREE
EFFECTIVE DATE OF ORDINANCE – THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE AND APPROVAL.
PASSED AND APPROVED THIS 12TH DAY OF May, 1975
Thomas D. White, Chairperson
Juanita Madden, Village Clerk
IN THE RECORDER’S OFFICE
STATE OF MISSOURI}
}SS
COUNTY OF PIKE }
I, Sherry McCarty, Circuit Clerk and Ex-Officio Recorder of Pike County, do hereby certify that the within instrument of writing on the 8th day of September, A.D., 2000 at 9 o’clock 23 minutes A.M., duly filed for record in this office and is Recorded in the Records of this office in Book 326 Page 2341.
IN WITNESS HEREOF I have hereunto my hand and affixed my official seal at Bowling Green, Missouri, this 8th day of September, 2000.
Sherry McCarthy, Circuit Clerk & Recorder of Deeds
By Carol Shade, Deputy
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE STATE HIGHWAY COMMISSION OF MISSOURI, UNDER WHICH SAID COMMISSION WILL DESIGNATE, CONSTRUCT AND MAINTAIN CERTAIN PORTIONS OF ROUTE 61 WITHIN THE CORPORATE LIMITS OF EOLIA, WHICH CONSTITUTE A PART OF THE STATE HIGHWAY SYSTEM:
BE IT ORDAINED BY THE (CITY COUNCIL) (BOARD OF ALDERMEN) OF THE CITY OF EOLIA AS FOLLOWS:
SECTION 1. There having been submitted a contract under which the State Highway Commission of Missouri will designate, construct, and maintain certain portions of Route 61 lying within the City limits so long as said highway remains a part of the State Highway System, and it appearing that the execution of said contract would be in the interest of the City, the Mayor and the City Clerk are hereby authorized and directed to execute said form of agreement, a copy of which is attached hereto and made a part hereof.
SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect upon passage and approval. Read three times, passed and approved on the 12 day of September, 1977.
Thomas D. White, Mayor
ATTEST:
[unreadable], City Clerk
AN ORDINANCE LEVYING A LICENSE TAX TO BE PAID BY PERSONS, FIRMS OR CORPORATIONS ENGAGED IN THE BUSINESS OF SUPPLYNG ELECTRICITY FOR LIGHT, HEAT AND POWER, FOR COMPENSATION, FOR ANY PURPOSE IN THE VILLAGE OF EOLIA, MISSOURI, AND REPEALING ALL ORDINANCES OR PARTS THEREOF, IN CONFLICTS THEREWITH, AND FIXING THE TIME WHEN THE ORDINANCE SHALL BECOME EFFECTIVE
BE IT ORDAINED by the Board of Trustess of the Village of Eolia, Missouri, as follows:
SECTION 1. The word “Person” when used in this ordinance, shall include any individual, firm, co-partnership, joint partnership, joint adventure, association, corporation, estate, business trust, trustee, receiver, syndicate or any other group or combination acting as a unit, in the plural as well as in the singular number.
SECTION 2. Every person now or hereafter engaged in the business of supplying electricity for compensation for any purpose in the Village of Eolia shall pay the Village of Eolia as a license tax a sum equal to seven per cent (7%) of the gross operating revenue derived from such business within the corporate limits of said Village of Eolia.
SECTION 3. It is hereby made the duty of every person engaged in the business described in the foregoing sections hereof, to file with the Clerk of the Village of Eolia on the 15th day of January and the 15th day of July of each year, a sworn statement of the gross receipts of such persons from such business for the preceding six months or parts thereof after this ordinance takes effect preceding the filing of such statement. The Clerk of the Village of Eolia, or deputy or authorized agent, shall be and is hereby authorized to investigate the correctness and accuracy of the said statement required and for that purpose shall have access, at all reasonable times and business hours, to inspect the books, documents, papers and records of any such person so making such statement, in order to ascertain the accuracy thereof.
SECTION 4. Every person now or hereafter engaged in the business described in Section 2 thereof, shall pay to the Collector of the Village of Eolia on the 15th day of January, and on the 15th day of July of each year that this ordinance is in force and effect an amount equal to seven per cent (7%) of said person’s gross receipts from the said business herein named for the preceding six months, or parts thereof, that this ordinance is in force and effect.
SECTION 5. The tax herein required to be paid shall be in lieu of any other occupation tax, required of any person engaged in the business enumerated in Section 2 hereof, but nothing herein contained shall be so construed as to exempt any such person from the payment to the Village of Eolia of the tax or taxes, which the Village of Eolia levies upon the real or personal property belongings to any such person, nor the lax required of merchants or manufacturers for the sale of anything other than electricity, nor shall the tax herein required exempt any such person from the payment of any other tax, which may be lawfully required, other than an occupation tax on the business described in Section 2.
SECTION 6. If any section or sections or parts thereof of this ordinance shall be held invalid for any reason, the invalidity of such section or sections or parts thereof, shall not impair the validity of the remaining section, sections, or parts thereof of this ordinance, the Board of Trustees hereby declaring that it would have passed the remaining portion of this ordinance had it known any section, sections, or parts thereof would be held invalid.
SECTION 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 8. This ordinance shall take effect and be in full force from and after its passage and approval.
Passed this 15 day of July, 1980
Approved this 15 day of July, 1980
[unreadable], Chairman of the Board of Trustees
ATTEST:
[unreadable], Clerk
AN ORDINANCE IMPOSING A SALES TAX FOR THE VILLAGE OF EOLIA; AND PROVIDING FOR SUBMISSION OF SUCH IMPOSITION OF SUCH TAX TO THE QUALIFIED VOTER OF THE VILLAGE OF EOLIA.
Be it ordained by the Board of Trustess of the Village of Eolia, Missouri, as follows:
SECTION ONE
SALES TAX IMPOSED – A sales tax of 1 percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the Village of Eolia, providing such property and services are subject to taxation by the State of Missouri under the provisions of Section 144.010 to 144.540, Revised Statutes of Missouri, is hereby imposed.
SECTION TWO
QUALIFIED VOTERS TO VOTE THEREON – This Ordinance shall not be effective unless and until the proposition provided for herein is approved by a majority of the votes cast on the proposal by the qualified voters voting thereon at the election to be held on the 4th day of April [Handwritten, initialed addition: November], 1980
SECTION THREE
FORMER BALLOT – the ballot of submission of this proposition shall be in substantially the following form:
Shall the Village of Eolia imposed a sales tax of [handwritten, initialed addition: (one)] 1 percent?
â–ˇ Yes
â–ˇ No
SECTION FOUR
PRIOR AND INCONSISTENT ORDINANCES – Any Ordinances presently in existence which are to the same effect as or contrary to this Ordinance are herby repealed.
PASSED AND APPROVED THIS 11 DAY OF Nov, 1980, 1980.
Alvin Barnes, Chairman, Board of Trustees
ATTEST:
Everette Hammond, Village Clerk and Collector
AN ORDINANCE GRANTING A FRANCHISE TO GALAXY CABLEVISION, ITS SUCESSORS AND ASSIGNS TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OR FRANCHISE, PROVIDING FOR CITY REGULATIONS AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM, AND PRESCRIBING PENALITIES FOR VIOLATION OF THE FRNACHISE PROVISIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTESS OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1. Short Title. This ordinance shall be known and may be cited as the Galaxy Cablevision Franchise Ordinance.
Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their deviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
(1) “City” is the Village of Eolia
(2) “Council” is the Board of Trustees of the Village of Eolia, Mo.
(3) “Community Antenna Television System”, hereinafter referred to as “CATV System” of “System”, Means a system of coaxial cables of other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit the to subscribers for a fee; but does not include the operation of a pay TV system.
(4) “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
(5) Grantee is Galaxy Cablevision a corporation, or anyone who succeeds such corporation in accordance with the provisions of this franchise.
Section 3. Grant of Non-Exclusive Authority.
(a) There is hereby granted by the City to the Grantee the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over the under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation necessary in the City for a CATV System for the interception, sale and distribution of television and radio signals.
(b) The right to use and occupy said streets, alleys, public ways and places for the purposed herein set forth shall not be exclusive, and the City reserved the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this License and Permit.
Section 4. Compliance with Applicable Laws and Ordinances. The Grantee shall, at any times during the life of this License and Permit, be subject to all lawful exercise of the police power by the City and to such reasonable regulations as the City shall hereafter provide.
Section 5. Territorial Areas Involved. This License and Permit is related to the present territorial limits of the City and to any area henceforth added thereto during the term of this License and Permit.
Section 6. Liability and Indemnification.
(a) This Grantee shall pay and by its acceptance of this license and Permit the Grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result of granting this License and Permit. Those damages and/or penalties shall include, but shall not be limited to, damages arising out of copyright installation, operation, or maintenance of the CATV System authorized herein whether or not any act or omission complained of is authorized, allowed, or prohibited by this License and Permit.
(b) The Grantee shall pay and by its acceptance of this License and Permit specifically agrees that it will pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any employees of the City.
(c) The Grantee shall maintain, and by its acceptance of this License and Permit specifically agrees that it will maintain throughout the term of this license and Permit liability insurance insuring the City and the Grantee with regard to all damages mentioned in subparagraph (a) above in the minimum amounts of: (1) $100,000 for bodily injury or death to any one person, within the limit, however, of $300,000 for bodily injury or death resulting from any one accident. (2) $100,000 for property damage resulting from and one accident. (3) $100,000 for infringement of copyrights and, (4) $100,000 for all other types of liability. (5) The Grantee shall maintain Workman’s Compensation Coverage for the protection of its employees. (6) The Grantee shall regularly provide proof of the existence of said insurance by providing copies of the policies or certificates from the companies.
Section 7. Color TV. The facilities used by the Grantee shall be capable of distributing color TV signals, and when the signals the Grantee distributes are received in color, they shall be distributed in color where technically feasible.
Section 8. Signal Quality Requirements. The Grantee shall:
(a) Produce a picture whether in black and white or in color, that is undistorted, from ghost images, and accompanied with proper sound on typical standard production TV sets in good repair, and as good as the state of the art allows.
(b) Transmit signal of adequate strength to produce good pictures with good sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems.
(c) Limit failures to a minimum by locating and correcting malfunctions promptly.
(d) Demonstrate by instruments and otherwise or subscriber that a signal of adequate strength and quality is being delivered.
Section 9. Operation and Maintenance of System.
(a) The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible, such interruptions, insofar as possible, shall be preceded by notice and shall occur during the periods of minimum use of the system.
Section 10. Carriage of Signals. The Grantee shall receive and distribute television and radio signals which are disseminated to the general public without charge by broadcasting stations licensed by the Federal Communications Commission. All FCC regulations shall be complied with by the Grantee.
Section 11. Emergency use of Facilities. In the case of any emergency or disaster, the Grantee shall make its facilities available to the City for emergency use.
Section 12. This license and Permit authorized only the operation of a CATV System as provided for herein, and does not take the place of any other license or permit which might be required by law of the Grantee.
Section 13. Safety Requirements.
(a) The Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisance to the public.
(b) The Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electrical Safety Code Promulgated by The National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters, and in such manner that they will not interfere with any installation of the City or of a public utility serving the City.
(c) All structures and all line, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good repair.
(d) The underground and overhead facilities installed by Grantee in public streets, alleys and property or on overhead facilities or poles in public places shall be installed only in those places and locations approved in advance by the City.
Section 14. New Development. It shall be the policy of the City liberally to amend this License and Permit, upon application of the Grantee when necessary to enable the Grantee to take advantage of any development in the field of transmission or television and radio signals which will afford it an opportunity to more effectively, efficiently, or economically to serve its customers. Provided, however, that this Section shall not be construed to require the City to make any amendment or prohibit it from unilaterally changing its policy stated herein.
Section 15. Conditions on Street Occupancy.
(a) All transmissions and distributions structures, lines, and equipment erected by the Grantee within the City shall be so located so as to cause minimum interference with the proper use of streets, alleys, an other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, alleys, or other ways and places.
(b) In case of disturbance of any street, sidewalk, alley, public way or paved area, the Grantee shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, sidewalk, alley, public way or paved area in a good condition as before the work involving such disturbance was done, no later than ____ days after such disturbance was done.
(c) If at any time during the period of this License and Paermit, the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground consuits, manholes, and other fixtures at its own expense.
(d) Any poles or other fixtures places in any public way by the Licensee shall be placed in such a manner as not to interfere with the usual travel on such public way.
(e) The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than forty—eight (48) hours advance notice to arrange for such temporary wire changes.
(f) The Grantee shall have the authority to trim trees upon overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Grantee.
(g) In all sections of the City where the cables, wire, or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wire, or other like facilities underground to the minimum extent that existing technology reasonably permits the Grantee to do so.
Section 16. Preferential or Discriminatory Practices Prohibited. The Grantee shall not, as to rates, charges, service, service facilities, rules, regulations or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to any prejudice or disadvantage.
Section 17. Removal of Facilities Upon Request. Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscribers upon his request.
Section 18. Transfer of License and Permit. Except for a mortgage or assignment to secure a loan to construct and operate said system in Eolia, Missouri, Grantee shall not sell, lease, sublet or transfer its system and the privileges granted herein without first notifying the City Council.
Section 19. Filings and Communications with Regulatory Agencies. Copies of all petitions, applications, and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other agency having jurisdiction in respect to any matters affecting CATV operation authorized pursuant to this License and Permit, shall also be submitted simultaneously to the City Council, if requested by the City.
Section 20. City Rights to License and Permit.
(a) The right is hereby reserved to the City or the City Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted.
(b) The city shall be furnished with a statement compiled by a certified Public Accountant reflecting and showing the gross income of the service charges paid by users, and the City shall have the right to examine such of the Company’s records relative to the gross income received by the company for service charges paid by users.
(c) The City shall have the right, during the life of this License and Permit, to install and maintain free of charge upon the poles of the Grantee any wire and pole fixtures necessary for any municipal use on the condition that such wire and pole fixtures do not interfere with the CATV operations of the Grantee.
(d) The City shall have the right to supervise all construction or installation work performed subject to the provisions of the License and Permint and make such inspections as it shall find necessary to insure compliance with terms of this License and Permit and other pertinent provisions of Law.
(e) At the expiration of the term for which the License and permit is granted, or upon its termination and cancellation, as provided for herein, the City shall have the right to require the Grantee to remove at its own expense all portions of the CATV system from all public ways within the City.
Section 21. Maps, Plats, and Reports.
(a) The Grantee shall file with the City Clerk true and accurate maps or plats of all existing and proposed installations.
(b) The Grantee shall keep on file with the City Clerk a current list of its shareholders and bondholders.
Section 22. Payment to the City. The Grantee shall pay to the City annually an amount equal to three percent (3%) of the annual gross basic service charge paid by the users within the City during the year, for the use of the streets and other facilities of the City in the operation of the CATV system and for the municipal supervision thereof. The annual payments shall be made to the City within sixty (60) days subsequent to the System’s annual accounting period. This payment shall be in addition to any other taxes or payment owed to the City by the Grantee, including any payment for ad valorem taxes, if any.
Section 23. Forfeiture of License and Permit.
(a) In addition to all other rights and power pertaining to the City by virtue of this License and Permit or otherwise, the City reserves the right to terminate and cancel this License and Permit and all rights and privileges of the Grantee hereunder in the event that the Grantee:
(1) Violates any provision of this License and Permit or any rule, order, or determination of the City or Board of Trustees made pursuant to this License and Permit, except where such violations, other than of section 24 of subsection (2) below, is without fault or through excusable neglect.
(2) Becomes insolvent, unable or unwilling to pay debts, or is adjudged as bankrupt.
(3) Attempts to evade any of the provisions of this License and Permit or practices any fraud or deceit upon the City, or
(4) Fails to complete construction and commence operation under this License and Permit according to provisions in Section 26.
(b) Such termination and cancellation shall be duly adopted after thirty (30) days notice to the Grantee and shall in no way affect any of the City’s rights under this License and Permit or any provisions of law. In the event that such termination and cancellation depends upa finding of fact, such finding of fact as made by the City Council or its representative shall be conclusive. Provided, however, that before this License and Permit may be terminated and cancelled under this Section, the Grantee must be provided an opportunity to be heard before the City Council.
Section 24. City’s Rights of Intervention. The Grantee agrees not to oppose intervention by the City in any suit or proceeding to which the Grantee is a party.
Section 25. Further Agreement and Waiver by Grantee. The Grantee agrees to abide by all provisions of this License and Permit, and further agrees that it will not at any future time set up as against the City or the City Council the claim that the Provisions of this License and Permit are unreasonable, arbitrary, or void.
Section 26. duration and Acceptance of License and Permit.
(a) This License and Permit and the rights, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and effect for a term of 15 years, provided that within 5 days subsequent to the date of the passage of this Ordinance the Grantee shall file with the City Clerk its unconditional acceptance of this License and Permit and promise to comply with and abide by all its provisions, terms, and conditions. Such acceptance and promise shall be in writing duly executed and sworn to, by or on behalf of the Grantee before a Notary Public or other officer authorized by law to administer oaths.
(b) Should the Grantee fail to comply with subsection (a) above, it shall acquire no rights, privileges, or authority under this License and Permit whatever.
Section 27. Number of Channels. The Grantee’s cable distribution system shall be capable of carrying at least (20) television channels.
Section 28. Publication Costs. The Grantee shall assume the entire cost of publication of this License and Permit if such publication is required by law. Such amount is payable upon the Grantee’s filing for acceptance of this License and Permit.
Section 29. Rates to be Charged. The rates to be charged by the Grantee to the customers residing in Eolia, Missouri, are those rates shown on exhibit “A”, attached hereto and made a part hereof. In the event the Grantee desires to make changes in those rates, it must notify the City of the proposed changes, and will arrange to meet with the Board of Trustees of the Village of Eolia to explain the necessity for and the reasons for the proposed increase. Any such increase will not become effective until approved by the said Board of Trustees. The Grantee may hold a public meeting for the purpose of explaining the proposed rate chages if it believes such a meeting would be worthwhile.
Section 30. Separability. If any section, subsection, sentence, clause, phrase, or portion of thei Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct,and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Section 31. Effective Date of License and Permit. This Ordinance and the License and Permit granted herein shall become effective upon approval by the Board of Trustees.
Section 32. Ordinance Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Read the first, second, and third time and passed and approved this 10 day of August, 1983.
Attest:
Shirley Brown, acting Clerk
Approved:
Thomas D. White, Chairman, Board of Trustees
AN ORDINANCE SETTING THE TAX LEVY FOR THE VILLAGE OF EOLIA FOR THE CALENDAR YEAR 1985 AT $0.50 FOR EACH $100.00 ASSESSED VALUATION; AND AN ORDINANCE CALLING FOR AN INCREASE IN SUCH TAXES FOR GENERAL MUNICIPAL PURPOSES OF $0.30 PER $100.00 ASSESSED VALUATION FOR A TERM OF FOUR YEARS BEGINNING WITH TH YEAR 1985. OR A TOTAL TAXATION FOR GENERAL MUNICIPAL PURPOSES FOR 1985 AND THE NEXT SUCCEEDING THREE YEARS OF $0.80 PER $100.00 ASSESSED VALUATION; AND AN ORDINANCE CALLING SETTING THE DATE OF SUCH ELECTION, THE FORM OF THE BALLOT, AND OTHER MATTERS PERTINANT TO SUCH ELECTION.
Be it ordained by the Board of Trustees of the Village of Eolia, Missouri as follows, to-wit:
Section 1. Rates of Regular Tax. The rate of taxation for general municipal purposes for the Village of Eolia is hereby set at $0.50 on the $100.00 assessed valuation for the year 1985.
Section 2. Increase in Tax. In addition to the regular rate of taxation for general municipal purposes as set forth in the preceding paragraph, an increase in said rate of an additional $0.30 on the $100.00 assessed valuation is hereby levied for the year 1985 and for the next three years thereafter.
Section 3. Election Date and Ballot Set. The increase of the tax rate levied for general municipal purposes of $0.30 additional per $100.00 assessed valuation is subject to the approval of the qualified voters of the Village of Eolia as provided in Section 80.460 of the Revised Statutes of Missouri. Said election shall be held on the 2 day of April, 1985. The questions shall be submitted on ballot in substantially the following form:
“ Shall there be a $0.30 increase in levy on the $100.00 assessed valuation for general municipal purposes for four years?”
Section 4. All Ordinances in conflict herewith or to the same effect hereof are herby ordered repealed.
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval.
PASSED AND APPROVED THIS ___ DAY OF ____, 1985
ATTEST:
Sue Carr, Village Clerk
BY Thomas D. White, President, Board of Trustees
AN ORDINANCE PROVIDING FOR THE LICENSING AND VACCINATION OF DOGS AND CATS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF EOLIA; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH THE SAME
Be it ordained by the Board of Trustees of the Village of Eolia, Missouri as follows, to-wit:
Section 1. Domestic animals to be registered and vaccinated, Exceptions. As defined herein, domestic animals shall be considered dogs and cats. No owner of said domestic animals shall keep any such animal within the Village of Eolia unless a license therefore has first been secured. Licenses shall be issued by the Village Clerk for a fee of $2.50. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the animal to be licensed has been given a vaccination against hydrophobia in compliance with this ordinance. All licenses shall expire on the first day of February next following their issuance. As used in this ordinance “Owner” means any person, firm or corporation owning, harboring, or keeping such an animal. It shall be the duty of each owner of such animal to pay the license fee imposed in this ordinance to the Village Clerk on or before the 1st day of February in each year, or upon acquiring ownership or possession of any unlicensed animal upon establishing residence in the Village of Eolia. No license shall be required until such domestic animal is five months old or older. Seeing eye dogs and police or governmental dogs shall not be required to comply with the terms of this ordinance. No license shall be granted for a domestic animal which has not been vaccinated against rabies, as provided in this ordinance, during the ninety (90) day period preceding the making of an application for such license; except, that when such domestic animal is licensed for entire year hereafter, the license may be issued if the dog has vaccinated within a period of six (6) months preceding the application for license. A veterinarian who vaccinates such a domestic animal to be licensed in the Village of Eolia shall complete in duplicate a certificate of vaccination and one copy shall be issued to the dog owner for affixing to the license application, and one copy shall be retained by the veterinarian in his or her files.
Section 2. Tags, Display, Replacement, and Transfer. Upon payment of the license fee, the Clerk shall issue a receipt in duplicate, one of which shall go to the applicant and the other shall be retained in the Village files. The Clerk shall also issue a metallic tag, and shall deliver an appropriate tag to the owner when the fee is paid and when it is possible the shape of the tag shall be different from year to year. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the animal so licensed. The owner shall see that the tag is constantly worn by his animal, and in case any tag is lost, a duplicate may be issued by the Village Clerk upon presentation of a receipt showing payment for the license fee for the current year and a charge of $___ shall be made for each such duplicate tag. The tags described herein are not transferable and no refund shall be made on any such license fee because the owner has been moved from the Village of Eolia or because of the death of any such animal prior to expiration of that license.
Section 3. Penalties for violations. Any person, firm or corporation who violates the terms of this ordinance and who either pleads guilt to or is found guilty of violation thereof, shall be subject to a fine of from $1.00 to $100.00, and any Court costs assessed under the ordinances of the Village of Eolia.
Section 4. All ordinances in conflict herewith or to the same effect hereof are hereby ordered repealed.
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval.
PASSED AND APPROVED THIS 12 DAY OF MARCH, 1985
VILLAGE OF EOLIA
ATTEST:
(Unsigned), Village Clerk
BY
Thomas D. White, President, Board of Trustees
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE VILLAGE OF EOLIA, MISSOURI, ON THE QUESTION WHETHER TO ISSUE THE SEWER SYSTEM REVENUE BONDS OF THE VILLAGE OF EOLIA, MISSOURI, TO THE AMOUNT OF $150,000 FOR THE PURPOSE OF ACQUIRING RIGHTS OF WAY AND EXTENDING AND IMPROVING THE SANITARY SEWAGE SYSTEM OF THE VILLAGE, THE PRINCIPLE OF AND INTREST ON SAID REVENUE BONDS TO BE PAYABLE SOLEY FROM THE REVENUES DERVIED, WHICH WILL RESULT IN AN INCREASE IN SEWER CHARGES TO COVER THE OPERATING MAINTENANCE, DEBT RETIREMENT, AND RELATED COSTS, BY SAID VILLAGE FROM THE OPERATION OF ITS SEWAGE SYSTEM, INCLUDING ALL FUTURE IMPROVEMENTS AND EXTENSIONS THERETO, DESIGNATING THE TIME OF HOLDING OF SAID ELECTION AND DIRECTING THE VILLAGE CLERK TO GIVE NOTICE OF SAID ELECTION.
BY IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: That a special election is hereby ordered to be held in the Village of Eolia, Missouri, on Tuesday, August 6, 1985, on the following question:
Question
Shall the Village of Eolia, Missouri, issue its sewage system revenue bonds to the amount of $150,000 for the purpose of acquiring rights of way and extending and improving the sanitary sewage system of the Village, the principle of and interest on said revenue bonds to be payable solely from the revenues derived by said Village from the operation of its sewage system, including all future improvements and extensions thereto.
Section 2: That the Village Clerk is hereby authorized and directed to notify the County Clerk of Pike County, Missouri, of the addition of this ordinance no later than June 11, 1985, and to include in said notification all of the terms and provisions required by the Election Authority.
Section 3: That this ordinance shall be in full force and effect from and after its passage and approval.
READ THREE TIMES AND PASSED BY THE TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, THIS 10TH DAY OF JUNE, 1985.
Thomas D. White, Chairman of the Board
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAN OF THE BOARD OF THE VILLAGE OF EOLIA, MISSOURI, THIS 11 DAY OF JUNE, 1985
Thomas D. White, Chairman of the Board
Sue Carr, Village Clerk
[Handwritten Note: “This issue was defeated by 66 no 59 yes”]
AN ORDINANCE AUTHORIZING THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA TO ENTER INTO A CONTRACT WITH THE CITY OF LOUISIANA, PIKE COUNTY, MISSOURI, IN REGARD TO THE SERVICES OF THE HUMANE OFFICER.
BE IT HEREBY ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, PIKE COUNTY, MISSOURI, AS FOLLOWS, TO-WIT:
Section 1. The Chairman of the Board of the Village of Eolia is hereby empowered to enter into a written contract with the City of Louisiana, Pike OCunty, Missouri, said contract to furnish the services of the City of Louisiana Humane Officer to the Village of Eolia and the Village of Eolia will pay the City of Louisiana the sum of $5.63 per hour for the services of said Humane Officer plus $0.52 per miles for the miles traveled by said Humane Officer in regard to services rendered the Village of Eolia.
Section 2. This bill to become and ordinance and to be in full force and effect from and after its passage and approval.
READ THREE TIMES AND PASSED AND APPROVED THIS 13TH DAY OF AUGUST, 1985.
Thomas D. White, Chairman of the Board of Trustees
ATTEST:
Sue Carr, Clerk
AN ORDINANCE PRESCRIBING THE DUTIES, DEFINING THE POWERS AND REGULATING THE TENURE OF OFFICE OF ALL VILLAGE OFFICIALS; PRESCRIBING THE NUMBER AND QUALIFICATIONS OF TRUSTEES; REGULATING MEETINGS OF THE BOARD OF TRUSTEES; PROVIDING FOR THE HOLDING OF ELECTIONS FOR ELCTION OF VILLAGE OFFICIALS; PROVIDING FOR SPECIAL MEETINGS OF THE BOARD OF TRUSTEES; PROVIDING FOR APPOINTMENT OF CERTAIN OFFICERS; PROVIDING FOR THE APPROPRIATION OF MONEY AND ISSUANCE OF WARRENTS FOR PAYMENTS OF INDEBTEDNESS DUE AND OWNING BY THE VILLAGE; PROVIDING FOR A VILLAGE MARSHALL.
BE IT ORDAINED BY THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: All officers elected or appointed to office under the Village Government shall be registered voters under the ordinances of the Village and the laws and constitution of the State of Missouri.
Section 2: It shall be the duty of every officer of the Village and his assistants, before entering upon the duties of his office, to take and subscribe to an oath or affirmation, that he possesses all the qualification prescribed for his office by law; that he will support the constitution of the United States and the State of Missouri, the provisions of all laws of this state affecting villages, and the Ordinances of the Village, and properly demean himself while in office.
Section 3: The Board of Trustees of the Village of Eolia, shall consist of five members, who shall be elected from the village in accordance with the provisions of the laws of the State of Missouri governing villages.
Section 4: There shall be held a generals election for the elective officers of the Village of Eolia, Missouri, on the first Tuesday in April of each and every year. All such elections shall be held under the provisions of State Election laws.
Section 5: The following officers shall be elected at the general election by the qualified voters of the village; three trustees shall be elected in April of odd numbered years for a term of two years and until their successors are duly elected and qualified; Two Trustees shall be elected at the general elections in April in even numbered years, and shall hold their office for a term of two years and until their successors are duly elected and qualified.
Section 6: Every Board of Trustees shall assemble within twenty days after their appointment or election, and choose a chairman of their number, and some other person as clerk. The chairman may vote on any proposition before the board.
Section 7: The Board of Trustees of the Village of Eolia shall meet in regular session once each month and such meetings shall be held on the second Tuesday of each month at 7:00 o’clock p.m. The Board of Trustees at any such regular meeting may adjourn said meeting to a later date; provided however, no regular meeting shall be adjourned for a length of time greater than thirty (30) days from the date of the regular meeting.
Section 8: A special meeting of the Board of Trustees may be called by the Chairman.
Section 9: At all meetings of the board, a majority of the trustees shall constitute a quorum to do business; a smaller may adjourn from day to day, and may compel the attendance of absent members.
Section 10: The Board of Trustees may determine rules of their own proceedings, punish any member or other person for disorderly behavior in their presence, and, with the concurrence of four of the trustees, expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and, at the desire of any member, shall cause the yeas and nays to be taken and entered on the journal, on any question, resolution or ordinance; and their proceedings shall be public.
Section 11: The chairman of each Board of Trustees shall, on the first days of April and October in each year, make out a correct statement of all monies received and expended on account of the village during the six months next preceding; and shall cause such statement, within ten days thereafter, to be published, either in some newspaper printed in the village, or by causing copies of such statement to be put up in six of the most public places in the village.
Section 12: If the chairman of the Board of Trustees shall at any time, neglect to make and cause such statement to be published, he shall forfeit for every neglect the sum of Fifty Dollars ($50.00), to be recovered by civil action in any court of record, one-half thereof shall be to the use of the village, and the other half to the use of any taxpayer of said village who will sue for the same.
Section 13: No ordinance shall be passed except by bill, and no bill shall become and ordinance unless on its passage a majority of all the members of the Board of Trustees vote therefore, and the yeas and nays be entered upon the journal; all bills shall be publicly read at a regular meeting of the Board of Trustees before passage thereof, and all ordinances shall be in full force and effect from and after their passage, and being duly signed by the chairman of the board of trustees and attested by the Village Clerk.
Section 14: The chairman of the board shall cause to be printed and published the bylaws and ordinances of the board, for the information of the inhabitants, and cause the same to be carried into effect. He shall remain in office for the term for which he is appointed or elected as a trustee; but in case of his absence at any meeting of the board, the board may appoint a chairman pro tempore, and in case he shall die, resign, be removed from office or remove from the village, the board of trustees shall appoint one of their number chairman, who shall hold the office for the unexpired term.
Section 15: All vacancies in the Board of Trustees, shall be filled by the remaining members of the board. In case the office of chairman becomes vacant the remaining members shall select one of their own number as temporary chairman and then proceed to elect some person to fill such vacancy; provided, the chairman or temporary chairman shall have no vote except in case of a tie.
Section 16: Every marshal, collector and treasurer appointed shall, before he enters on the duties of his office, enter into a bond, payable to the village of which he is an officer, whit good and sufficient securities in any sum not less than one thousand dollars ($1,000.00) the amount to be fixed and the bond to be approved by the board of trustees. The bond shall be conditioned that he will faithfully perform the duties of his office according to law.
Section 17: At the first regular meeting of the Board of Trustees held after each general village election, a Village Clerk/Collector shall be appointed as provided by this ordinance, who shall hold his office for a term of two years, and until his successor is duly appointed and qualified, unless sooner removed from said office. It shall be the duty of the Village Clerk among other things, to keep a journal of the proceedings of the Board of Trustees; to record all ordinances, as soon as practicable after the passage and approval of same, in a suitable book for recording ordinances, which he shall provide himself with at the expense of the village, to safely and properly keep all the records and papers belonging to the village, which may be entrusted to his care; he shall be the general accountant of the village and legal custodian of all records and papers in all proceedings had before the Board of Trustees. As additional duties the Village Clerk shall do the following:
(a) Lay all reports and lists and other papers received by or filed with him for the attention of the Board of Trustees at its first regular meeting following the reception by him of any such reports, lists, or papers.
(b) Perform all duties required of him by law, and the ordinances of the village, and the orders of the Board of Trustees, and is hereby empowered to administer official oaths and oaths to personas certifying to demands or claims against the village.
(c) Diligently endeavor to use all lawful means, as well as the process of law, to collect all taxes, general and special, levied or assessed against persons or property within the said village who are liable for the payment of any such taxes.
(d) Collect and pay over monthly to the village Treasurer all monies received by him from any source, which may be levied and collectable by law or ordinance and due and payable to the village; to see that all persons engaged in any business or occupation for which a license is required by any ordinance shall have procured and paid for such license, unless the collection of such license or license tax is otherwise provided for by ordinance, and to make complain before the Chairman of the Board against all persons who fail or refuse to take out and pay for any such license or license tax required by law or the ordinances of the village and incumbent upon him to collect; and he shall be charged with all license taxes required of him to be collected, which he has failed, through the fault or neglect of his, to collect, or which could have been collected had he proceeded to enforce the collection of same according to law and the ordinances of the village.
(e) At the regular meeting of the Board of Trustees in April of each year make out and present to the Board a detailed report and account of all monies collected by him, showing what amounts are uncollected and from what person due, and the causes for failure to collect; provided, this duty shall not cover taxes on land and lots and personal property, which is otherwise required to be reported.
Section 18: At the first regular meeting of the Board of Trustees held after each general Village election, a Village Treasurer shall be appointed as provided by this ordinance, who shall hold his office for a term of two years, and until his successor is duly appointed and qualified, unless sooner removed from said office. It shall be the duty of the Village Treasurer, among other things, to receive and safely keep all monies, warrants, books or obligations entrusted to his care. Additionally, the Treasurer shall:
(a) Receive all monies payable into the Village Treasury and disburse the same on Warrant drawn by the Chairman and attested by the Village Clerk and Collector with the seal of the Village affixed thereto, by the order of Board of Trustees and not otherwise, said warrants to be paid in the order in which they are presented for payment.
(b) Keep a just account of all money received and disbursed, and regular abstracts of all warrants drawn on the Treasury and paid.
(c) Report at each regular meeting of the Board of Trustees the amount of money received since the last meeting and from what source and what account and the amount of money on hand at the time of making the report.
(d) File all warrants on the treasurer, make a register of the number and date thereof, and the name of the person in whose favor drawn, and the amount of each.
(e) Make duplicate receipts in favor of the proper persons for all monies paid into the Village Treasury, one of which shall be delivered to the person paying the money and the other he shall file with the Village Clerk.
(f) Keep the books, papers and money pertaining to his office at all times open for the inspection of the Chairman and members of the Board of Trustees; and as often and in such manner as may be prescribed by the Board of Trustees, he shall furnish an account of the receipts and expenditures of the Village.
(g) Settle his accounts with the Board of Trustees on the first regular meeting of the Board of Trustees in April and October of each and every year, and if he resigns or is removed from office, he, or his executor or administrator in case of his death, shall immediately make settlement, and deliver to his successor in office all things pertaining thereto, together with all monies belonging to the Village.
At the close of every term for which the village treasurer shall have been appointed, from whatever cause it shall occur, the Board of Trustees shall immediately proceed to ascertain, by actual examination and count, the amount of balances and funds in the hands of such treasurer and books and papers or other property in his custody to be accounted for.
Section 19: In all cases where the Village shall be indebted to any person, company or corporation on an account whatever, when said account has been duly audited and approved for payment by the Board of Trustees, a warrant for the amount of such indebtedness found to be due and owing, shall be issued or drawn upon the Village Treasurer, signed by the Chairman of the Board, and attested by the Village Clerk and Collector, with the seal of the Village affixed thereto; provided that no such warrant shall be issued without authorization without ordinance duly passed and approved by the Chairman and the Board of Trustees.
Section 20: No warrant shall be drawn upon the Village Treasurer, nor shall any ordinance appropriating money be passed unless there is an unexpected balance to the credit of the village in the fund in the treasury upon which such warrant is drawn to meet such warrant, or a sufficient sum of unappropriated money in the fund in the treasury upon which such ordinance is drawn to meet the ordinance. All warrants drawn on the treasurer of the village, shall be drawn in favor of the person, company or corporation to whom the amount shall be allowed, and of no other person, company or corporation, and such warrant may be in the following form:
STATE OF MISSOURI
VILLAGE OF Eolia
NO.________ $_____________
TREASURER OF THE VILLAGE OF Eolia
Pay to ___________________________ the sum of __________________________
_______________ DOLLARS of any moneys in the treasury appropriated for
_____________________________________________________.
Given at my office in Eolia, this ________ day of _____________________,
19____ . (L.S.)
By order of the Board of Trustees.
Attest:
____________________ _______________________
Village Clerk Collector Chairman Board of Trustees
Section 21: All warrants drawn on the Village Treasurer in accordance with the provisions of this ordinance and the law shall be assignable. Any and every assignment of such warrant shall be in the following form:
For the value received, I ____________________________ do hereby assign all
my right in the within warrant No. _____________ to ___________________________
________________ this _________ day of _______________, 19 ________.
__________________
Signature of Assignor
Section 22: The Village Marshal shall be appointed by the Board of Trustees. He shall not be a member of the Board of Trustees. After giving bond and ample security for the performance of his duties, he is hereby authorized to execute orders and process, arising under the ordinances, and within the corporate limits of the village, he shall have concurrent power with the sheriff of Pike County to execute all orders, notices, writs and other process and duties that may be executed by such sheriff, with like effect.
Section 23: The marshal shall be the chief of police, and shall at all times have power to make or order all arrests, with proper process, for any offenses against the laws of the state, or of the town, by day or by night, and bring the offender to trial before the proper court, and he shall have the power to arrest in all cases where any such offense shall be committed, or attempted to be committed, in his presence.
Section 24: The policemen of the village, in the discharge of their duties, shall be subject to the orders of the marshal only as chief of police; but any marshal, assistant marshal or proliceman may be instantly removed from his office by the Board of Trustees at a regular or called meeting, for any wanton neglect of duty.
Section 25: References to the male gender (he) shall include by implication the feminine (she) in this ordinance.
Section 26: This ordinance shall be in full force and effect from and after the date of its passage and approval.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, THIS 17TH DAY OF SEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAN OF THE VILLAGE OF EOLIA THIS 17TH DAY OF SEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
AN ORDINANCE PROVIDING FOR THE ENFORCEMENT OF SPEED LIMITS WITHIN THE LIMITS OF THE VILLAGE OF EOLIA, MISSOURI, PROSECUTION OF VIOLATORS, AND MATTERS RELATING THERETO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: No person shall operate a motor vehicle within the limits of the Village of Eolia, Missouri, at a speed in excess of the following speeds:
a) Route 61: 55 miles per hour
b) Route D: 35 miles per hour, except 25 miles per hour from intersection of Washington Street to a point 900 feet South of Highway 61.
c) Route W: 35 miles per hour
d) Vocational School Road: 35 miles per hour
e) All other roadways: 20 miles per hour
Section 2: That the Village Marshal is hereby authorized to cause the erection and enforcement of speed limit signs to accomplish the provisions of Section 1 of this ordinance.
Section 3: That the operation of a vehicle at a speed in excess of the above stated speed limits shall be considered evidence of driving at a rate of speed which is not reasonable, careful, prudent and lawful, and considered dangerous to persons, property, life and limb.
Section 4: Any person found to be operating a motor vehicle in violation of any of the provisions of this ordinance shall, upon conviction, be subject to a fine of up to One Hundred Dollars ($100.00), as well as imprisonment in the Pike county jail for up to ninety (90) days, or both such fine and imprisonment.
Section 5: That any previously enacted ordinance or portion thereof, inconsistent with the provisions of this ordinance is hereby repealed.
Section 6: This ordinance shall be in full force and effect immediately upon its enactment and approval.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, THIS 17TH DAY OF AEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAN OF THE VILLAGE OF EOLIA THIS ____ DAY OF _________, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr Village Clerk
AN ORDINANCE AMENDING ORDINANCE #34 THAT PROVIDES FOR THE ENFORCEMENT OF SPEED LIMITS WITHIN THE LIMITS OF THE VILLAGE OF EOLIA, MISSOURI, PROSECUTION OF VIOLATORS, AND MATTERS RELATING THERETO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: Ordinance #34 is hereby amended to read as follows: No person shall operate a motor vehicle within the limits of the Village of Eolia, Missouri, at a speed in excess of the following speeds:
(a) Route 61: 65 MILES PER HOUR
Section 2: all other provisions of said Ordinance #34 are in full force and effect.
Section 3: That any previously enacted ordinance or portion thereof, inconsistent with the provisions of this ordinance is hereby repealed.
Section 4: This ordinance shall be in full force and effect immediately upon its enactment and approval.
READ THREE TIMES AND PASSED AND APPROVED BY THE BOARD OF TRUSTESS OF THE VILLAGE OF EOLIA, MISSOURI, THIS 8TH DAY OF SEPTEMBER, 2003.
Alvin Barnes, Chairman
ATTEST:
Tamra L. Palmer, Village Clerk
AN ORDINANCE ADOPTING CHAPTER 300, REVISED STATUTES OF MISSOURI, KNOWN AS THE “MODEL TRAFFIC ORDINANCE” AS AND FOR THE BASIC TRAFFIC ORDINANCE OF VILLAGE OF EOLIA, MISSOURI.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: Chapter 300, consisting of Sections 300.010 through 300.600, Revised Statutes of Missouri, commonly known as the “Model Traffic Ordinance”, is hereby adopted as and for the basic traffic ordinance of this village with like effect as if recited at length herein.
Section 2: Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than One Hundred Dollars ($100.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
Section 3: All existing ordinances or parts of ordinances in conflict with the provisions of this “Model Traffic Ordinance” are hereby repealed on the effective date hereof.
Section 4: This ordinance shall be in full force and effect upon its enactment and approval.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, THIS 17TH DAY OF SPETEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAN OF THE VILLAGE OF EOLIA THIS 17TH DAY OF SEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
AN ORDINANCE PROVIDING FOR THE ERECTION AND ENFORCEMENT OF STOP SIGNS WITHIN THE VILLAGE OF EOLIA, MISSOURI, PROVIDING FOR PUNISHMENT OF VIOLATIONS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: That the Marshal of the Village of Eolia, Missouri, is hereby authorized to cause the erection and enforcement of stop signs at the following intersections: Elsom and Main, Second and Green, Main and Green, Washington and Main, Main and Church, College and Main, Vocation and Main, Vocation and Fifth Street, Vocation and 61, H and D, and D and 61, and Main and D.
Section 2: That any person operating a motor vehicle in violation of any stop sing, by failing to stop, or by rolling through any stop sign, shall be subject to a fine of up to One Hundred Dollars ($100.00).
Section 3: That this ordinance shall be in full force and effect from and after its passage and approval.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEES OF THE CITY OF EOLIA, MISSOURI, THIS 17TH DAY OF SEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAN OF THE TRUSTEES OF THE CITY OF EOLIA, MISSOURI, THIS 17TH DAY OF SEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL COURT FOR THE PROSECUTION OF VIOLATIONS OF VILLAGE ORDINANCES; PROCEDURE FOR TRIAL THEREIN; CREATION OF A TRAFFIC VIOLATIONS BUREAU; REPEALING PRIOR ORDINANCES PERTAINING THERETO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: MUNICIPAL COURT, JURISDICTION—The Municipal Court of the Village of Eolia, Missouri, shall have original jurisdiction to hear and determine all offenses against the ordinances of the Village of Eolia.
Section 2: JUDGE OF THE MUNICIPAL COURT—The Judge of the Municipal Court shall be appointed by the Chairman, with approval of the Board of Trustees, and said appointment shall be for a two (2) year term. The term shall being on the first Tuesday in April and terminate two (2) years there from.
Section 3: MUNICIPAL JUDGE, QUALIFICATIONS—The Municipal Judge must be a person at least twenty-one (21) years of age and an attorney licensed to practice in the State of Missouri. The Municipal Judge need not be a resident of the Village of Eolia.
Section 4: PROSECTIONS FOR VIOLATIONS OF ORDINANCES—All prosecutions for the violations of the municipal ordinances of the Village of Eolia shall be entitled “Village of Eolia vs. ______” (naming the person or persons charged), and the Municipal Judge shall state in the docket the name of the complainant, the nature and character of the offense, the date of the trial, the names of all witnesses sworn and examined, the finding of the Court or jury, the judgment of fine and costs, the date of payment, every other fact necessary to show proceedings in each case. The complaint shall be reduced to writing and sworn to by the person or officer making the complaint. The complaints and charges filed before the Municipal Judge in the Village Municipal Court may be amended without prejudice during the proceedings in accordance with the laws of Missouri pertinent thereto.
Section 5: UNIFORM TRAFFIC TICKETS—The Village of Eolia recognizes and approves the use of uniform traffic tickets for traffic violations which contain summons, complaint and information.
Section 6: WARRANTS, HOW SERVED—All warrants issued by the Municipal Judge shall be directed to the City Police Officer or Marshal, the Sheriff of any County where the defendant might reside, and such warrant shall be executed by such police officer at any place within the limits of the jurisdiction of that officer.
Section 7: ATTENDANCE OF WITNESSES—The Municipal Judge shall have the power to summons all persons whose testimony may be deemed essential as witnesses at a trial, and to enforce their attendance by attachment, if necessary. The fees of witnesses and the jurors, if any, shall be the same as are allowed in a criminal trial in the Associate Circuit Court of Pike County.
Section 8: PUNISHMENT ASSESSED—if the defendant pleads guilty, or is found guilty of a violation of any ordinance of the Village of Eolia, the Municipal Judge shall assess the punishments prescribed by ordinance according to his finding or the verdict of the jury, and render judgment accordingly, and also for court costs; and it shall be part of said judgment that the defendant and his bond, if any, stand committed until judgment is fully complied with.
Section 9: APPEALS, HOW TAKEN—Appeals from a verdict or judgment in the Municipal Court in the Village of Eolia shall be as provided by Chapter 479 and other pertinent statutes of the State of Missouri.
Section 10: COSTS ALLOWED—it shall be the duty of the Municipal Judge of the Municipal Court of the Village of Eolia to assess the authorized statutory cost against each defendant who is found guilty or pleads guilty in said court.
Section 11: The Traffic Violations Bureau for the Village of Eolia shall be authorized to accept fines for certain violations of Village Ordinances. The Village Collector shall be charged with the responsibility of operating the Traffic Violations Bureau, and shall have the title Violations Clerk. It shall be the function of the Violations Clerk to accept appearances, waiver of trial, plea of guilty, and payment of fine and costs in traffic offences set forth in Section 12 below. The fines and costs for such violations can be paid to the Violations Clerk within seven (7) days of receipt of summons, notice of ticket or within the time designated by the Municipal Court Judge.
Section 12: The following schedule shall be the only violations which may be satisfied at the traffic violations bureau, together with the fines and penalties for first and second offenses:
SCHEDULE OF VIOLATIONS AND PENALTIES FOR TRAFFIC VIOLATIONS
1st Offense 2nd Offense
Blocking Traffic $ 5.00 $ 10.00
Disregarding Officer’s signal 5.00 10.00
Defective brakes 5.00 10.00
Driving over closed streets 5.00 10.00
Failure to stop at stop signal or stop sign 10.00 20.00
Failure to signal before turning 5.00 10.00
Failure to stop, school, playgrounds 10.00 20.00
Making prohibited turn 5.00 10.00
Defective muffler 5.00 10.00
Obstructed, dirty or swinging license plate 5.00 10.00
Driving or parking on sidewalk 5.00 10.00
Unnecessary vehicle noise 5.00 10.00
Wrong direction, one way street 5.00 10.00
Failure to dim lights 5.00 10.00
Driving, no headlights or taillights 5.00 10.00
Driving, one headlight or taillight 5.00 10.00
Speeding, per mile over posted limit 1.00 2.00
Section 13: That the Violations Clerk shall keep an easily accessible record of all violations of which each person has been guilty, whether such guilt was established in Court or in the traffic violations bureau. The bureau shall keep records and submit summarized annual reports to the Municipal Court, and the Board of Trustees of all notices issued and arrests made for violations of this Ordinance and of all the fines collected by the traffic violations bureau. These reports shall be public records. All fines and forfeitures of bail of any person charged with a violation of any of the provisions of this Ordinance shall be paid into the Village of Eolia and deposited into the General Fund and be expendable for municipal purposes.
Section 14: That the Municipal Judge may suspend the imposition or stay the execution of all or part of the fine, costs or jail sentence imposed for ordinance violations, for a period of up to six months; and that the terms of suspension may include driving or alcohol school; and that the sentence may be imposed for any violation of the terms of probation or for any subsequent ordinance violation other than nonmoving violations.
Section 15: If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof even if it had known that any one or more sections, subsections, sentences, clauses, or phrases would be declared unconstitutional.
Section 16: Court costs shall be assessed on each charge at the rate of $12.00 for each nonmoving violation, and $14.00 for each moving violation; said costs shall be paid into the general fund of the Village of Eolia on a timely basis by the Marshal and the Traffic Violations Bureau Clerk.
Section 17: If in the process of any hearing before the Municipal Court it appears to the Municipal Judge or Prosecutor that the case shall not be conducted in that court, the case shall be transferred to the Associate Circuit Court of Pike County, which shall then proceed according to its own court procedures.
Section 18: REPEAL OF INCONSISTANT ORDINANCES—Ordinance 11, 25 and 29 and other ordinances or parts of ordinances inconsistent with or contrary to the provisions of this ordinance, are hereby repealed.
Section 19: EFFECTIVE DATE—This ordinance shall be in full force and effect from and after the date of its passage and approval.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTESS OF THE VILLAGE OF EOLIA, MISSOURI, THIS 17TH DAY OF SPETMEBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAN OF THE VILLAGE OF EOLIA THIS 17TH DAY OF SEPTEMBER, 1985.
Thomas D. White, Chairman
ATTEST:
Sue Carr, Village Clerk
AN ORDINANCE PROHIBITING THE OWNERSHIP OR POSSESSION OF SWINE WITHIN THE LIMITS OF THE VILLAGE OF EOLIA, MISSOURI, EXCEPT UNDER CERTAIN CONDITIONS, REPEALING PREVIOUSLY ENACTED ORDINANCES, AND PROVIDING FOR PUNISHMENT OF VIOLATORS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: It shall be unlawful for any person, firm, or corporation within the corporate limits of the Village of Eolia to possess, raise, maintain, or keep swine except as hereafter provided.
Section 2: This ordinance shall not be applicable nor shall it be a violation of this ordinance to own, possess, or keep, or maintain any hogs within the corporate limits of the Village of Eolia which are received and removed within a forty-eight (48) hour period; nor shall it be a violation of this ordinance to own, possess and keep three (3) swine or less at any time, providing that they are not being kept for commercial or breeding purposes.
Section 3: Any person, firm or corporation convicted of the violation of any provision of this ordinance, or who has entered a plea of guilty to the violation of this ordinance, shall be subject to a fine of not more than One Hundred Dollars ($100.00). Each successive day of such violation shall constitute a separate offense. Any person, firm, or corporation convicted under this ordinance will pay any fees incurred by the village incidental to the restraining and impounding of such animals.
Section 4: This ordinance shall be in full force and effect from and after the date of passage and approval.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEE OF THE
VILLAGE OF EOLIA, MISSOURI, THIS 17TH DAY OF SEPTEMBER, 1985.
Tomas White, CHAIRMAN
Sue Carr, Village Clerk
APPROVED BY THE CHAIRMAND OF THE VILLAGE OF EOLIA THIS 17TH DAY OF SEPTEMBER, 1985.
AN ORDINANCE PROHIBITING CERTAIN OFFENSES AGAINST PERSONS AND PROPERTY WITHIN THE VILLAGE OF EOLIA, MISSOURI, PROTECTING THE PUBLIC PEACE, PROVIDING PENALTIES FOR VIOLATORS, AND REPEALING PREVIOUS ORDINANCES INCONSISTENT HEREWITH.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: That Missouri villages, Eolia being such, have the authority under the provisions of Section 80.090 Revised Missouri Statutes to enact ordinances providing for the public peace and preventing public nuisances and disturbances.
Section 2: Peace Disturbance
It shall be an unlawful violation of this ordinance for any person to unreasonably and knowingly disturb or alarm another person or persons by loud noise; or offensive or indecent language (fighting words), which is likely to produce an immediate violent response from a resonable recipient; or threatening to commit a crime agains.t any person; or fighting; or creating a noxious or offensive odor.
Section 3: Assault
No person shall attempt to or cause physical injury to another by intentional or reckless conduct including fighting, challenging or threatening another, thereby placing another person in apprehension of immediate physical injury.
Section 4: Affray
No person shall fight or challenge another to fight, or to provoke, incite or cause a fight, riot, or other civil disorder unlawful act or assembly. The Marshal or other law officer has authority to disperse any groups or crowds gathering for loud, boisterous or unlawful purposes.
Section 5: False Alarm
No person shall make any false alarm of fire or other civil
disaster.
Section 6: Stealing
No person shall intentionally steal, take, without permission, or carry away any money or personal property of another, under the value of $150.00, either directly or by some form of deceit. Shoplifting or switching of prices or materials shall constitute stealing. A person also commits the offense of stealing if he appropriates or conceals property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion, whether acting alone or in concert with another person.
Section 7: Destruction of Village Property
If any person shall intentionally commit trespass, waste, deface, or other injury in or upon any property belonging to the Village of Eolia, Missouri, or shall otherwise write or scribble on the walls or other part of any building belonging to the Village of Eolia, he shall be adjudged guilty of a violation of this ordinance. It shall also be unlawful for any person to damage, mark or otherwise deface or desecrate tombstones, monuments, ornamental trees or cemetery grounds of the Village of Eolia.
Section 8: Destruction of Private Property
It shall be unlawful for any person, or persons, acting alone or in concert with others, to intentionally damage, injure or destroy the property any other person. It shall be unlawful for any person, or persons to commit any act of vandalism on property of another, or to deface any sign or advertisement.
Section 9; Trespassing
It shall be unlawful for any person to knowingly trespass on the premises or property of another within the Village of Eolia. The term trespass shall mean entering or remaining unlawfully in any building, premises or land of another by one knowing it is off limits because of actual communication or reasonably posted notice.
Section 10: Possession of Marijuana
It shall be unlawful for any person within the Village of Eolia to grow, possess, or have under his or her control, thirty-five (35) grams or less of marijuana.
Section 11: Loitering
No person shall be found on any business premises after business hours, or otherwise in an area where he has no license to continue to be, and shall be subject, after appropriate warning, to arrest for loitering.
Section 12: Resisting Arrest
No person shall resist arrest by the Marshal or any other law enforcement officer of the Village of Eolia when said officer is in the performance of police investigation, arrest, or other duties. It shall also be unlawful for any person to interfere with the arrest of any other person or police investigation. No person shall break or escape the lawful detention or custody of the Marshal or other law enforcement officer of the Village of Eolia.
Section 13: Impersonating Officer
No person shall falsely represent himself to be an officer of the Village of Eolia or exercise any of the duties, functions or powers of any officer of the village.
Section 14: Dangerous Animals
It shall be unlawful for any person having charge and control of, or the owner thereof, to suffer or permit any vicious or dangerous dog, beast or animal of any nature whatsoever, to go about or run at large within the Village of Eolia.
Section 15: Gambling
It shall be unlawful for any person within the corporate limits of this village to set up or keep any table or gambling device, or for the owner or lessee of any premises to permit or suffer any table or gambling device to be set up unless otherwise authorized by the laws of the State of Missouri. It shall also be unlawful for any person to engage in any form of gambling unless authorized by State Statutes.
Section 16: Disorderly Houses
It shall be unlawful for any person in the Vil3.aye of Eolia to conduct a disorderly dance hall, bawdy house, or house of prostitution; or keep any disorderly house, or to knowingly permit any property in his possession or under his management and control, to be used for any such purpose.
Section 17: Public Indecency
It shall be unlawful for any person to knowingly and publicly expose genitals or make any indecent gestures under circumstances in which that person knows the conduct is likely to cause affront or alarm. It shall also be unlawful for any person who shall, within this village, be guilty of any gross, indecent, or obscene language or behavior, or shall make any indecent exposure of his or her person, or shall exhibit or perform or permit to be exhibited or performed, upon premises or in any building owned or under his or her control immoral or lewd performances.
Section 18: Obstructions
Every person, corporation or co-partnership of persons engaged in the due prosecution of their business or trade, who shall place any obstructions on the streets or sidewalks of this village, in the line of pedestrian or vehicular traffic, on any such street or near the same, shall be required to place good and sufficient guard rails around such obstructions and at night shall hang on or near the same enough red lights to warn the public of the existence of such obstructions.
Section 19: Disposal of Sewage
It shall be unlawful for any person or persons who shall, within the village conduct through pipes or otherwise into or upon any street, alley, highway or other place, from any kitchen, bathroom, toilet, or from any building of whatsoever kind, any sewage,filthy or unclean water, urine, human excrement, or any other offensive liquids or substances, or suffer the same to escape and run upon any street or alley or the private property of another.
Section 20: Combustible Material
It shall be unlawful for any person, within this village, to use combustible or inflammable materials so as to endanger any premises by fire, or render fire more liable to spread should it break out, or to leave ashes in wooden boxes or any other wooden container, or to empty ashes near any combustible material or substance, or be guilty of any act of gross neglect or carelessness calculated to increase the danger of fire within the village.
Section 21: Adulteration of Food
It shall be unlawful for any person to fraudulently adulterate for the purpose of sale, anything intended for food or drink, or any drugs or medicines.
Section 22: Grounds Abutting Sidewalks
Every owner of, or person occupying any house, building, lot or premises in this village shall keep the shade trees and ornamental trees in the street, avenues or sidewalks in front and alongside of said house, building, lot or premises trimmed so that the branches of such trees shall not be lower than ten feet from the surface of said street, avenue or sidewalk; and the owner of or occupant of any such building, lot or premises shall also keep the grass on each side of the sidwalk in front of or alongside said premises cut to a level with said sidewalk. Every day any such person shall neglect and refuse to trim the trees or cut the grass as required by this section shall constitute a separate offense and shall be punishable as such.
Section. 23: Obstructing Sidewalks
All proprietors, owners, or managers of any store, shop, hotel, restaurant, boarding house, or any other place of business, within this village shall keep the sidewalks in front of any such place of business, clear of all obstructions of whatever kind and shall keep the gutters adjacent thereto clean and free from trash and refuse.
Section 24: Tampering with Wires
It shall be unlawful for any person within the corporate limits of this village to molest, injure, damage or in any manner tamper or interfere with the wires, poles, appliances or other instrumenU belonging to any telephone, telegraph, electric light or other company or corporation doing business in this village.
Section 25: obstructing Traffic with Wires . It shall be unlawful for any agent, manager or employee of any electric light company or corporation, or of any telephone, telegraph or any other company or corporation whatsoever, doing business in this village, who
shall throw, place or leave in or upon any of the streets, alleys, curbing, sidewalks or gutters of this village, any nails, wire, poles, branches of trees, excavations or any rubbish whatever, or who shall leave any wire hanging or suspended in a way to endanger or obstruct persons traveling on or using said
streets, alleys, or sidewalks.
Section 26: Use of Weapons
It shall be unlawful for any person to carry a concealed weapon upon or about his person into a church, school, public assembly or election precinct on election day; or to set a spring gun; or to discharge a firearm into a dwelling or building; or to exhibit any weapon in any angry or threatening manner; or to discharge a firearm across a public highway; or to discharge a firearm while intoxicated. This section shall not apply to police officers or the military while on duty.
Section 27: Public Intoxication
It shall be unlawful for any person to appear upon any street, alley, avenue or in any business or public place in a state of intoxication or under the influence of ardent spirits or drugs.
Section 28: Driving While Intoxicated
It shall be an unlawful violation of this ordinance for any person to operate a motor vehicle within the Village of Eolia while in an intoxicated or drugged condition. A lesser included offense of driving with excessive blood alcohol is chargeable also a person is presumed to be intoxicated if there is more than ten hundredths of one per cent alcohol by weight as determined to exist in his blood as a result of a breathalizer, blood, saliva or urine test.
Section 29: Disposal of Water From Eaves
Every person owning or occupying or having charge and control of any building shall cause the pipes conducting the water from the eaves and roof of the building to be so constructed or altered as not to spread the water over the sidewalk, or to cause injury to the sidewalk or to persons walking over same.
Section 30: Water Pollution
It shall be unlawful for any person to put any material, chemical, carcass, offal, waste or filth into any spring, pond, lake or well.
Section 31: Obnoxious Odors
It shall be an unlawful violation of this ordinance for any person in charge and control of any private table for housing horses or other animals, privy-vaults, pig-sty, hog market, cow sheds, cow or horse stables, or of any store or butcher shop, or of any other building or structure of a like nature, to permit the same to become and remain unclean, or obnoxi )US or offensive to the annoyance of any citizen of the Village C Folia.
Section 32: Urination
It shall be unlawful for any person or persons within the corporate limits of this village to throw out, discharge, place or deposit any animal dung or human excrement upon any street, or alley, or to urinate or defecate upon the stairways, hall; floors or entrances of any public or private building, or urinate or defecate upon any sidewalk.
Section 33: Load Limits
It shall be unlawful for any person to operate a motor vehicle within the Village of Eolia, except on State Highways, with a gross weight of over eight (8) tons due to damage it will inflict upon public streets.
Section 34: Punishment
That any person convicted of being in violation of any of the provisions of this ordinance shall be subject to a fine of up to One Hundred Dollars ($100.00) and to imprisonment in the Pike County Jail for up to ninety (90) days, or to both such fine and imprisonment.
Section 35: Severance
If any section or provision of this ordinance is determined to be unconstitutional by any court of competent jurisdiction, the remaining sections of this ordinance shall continue to be in full force and effect
Section 36: Effective Date
That this ordinance shall be in full force and effect upon its enactment and approval.
Section 37: That ordinance No. 12 is hereby repealed.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, THIS 17TH DAY OF September, 1985.
Thomas White, Chairman
ATTEST: Sue Carr, VILLAGE CLERK
APPROVJD BY THE CHAIRMAN OF THE VILLAGE OF EOLIA THIS 17th DAY
OF September, 1985.
AN ORDINANCE AMENDING PREVIOUSLY ENACTED ORDINANCES PERTAINING TO FIREARMS AND FIREWORKS, PROVIDING FOR PUNISHMENT OF VIOLATORS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, AS FOLLOWS:
Section 1: The discharge of firearms and fireworks shall be permitted within the corporate limits of the Village of Eolia subject to the following regulations:
A. Use of fireworks shall be permitted from July 1st through July 8th of any year, when discharged by adults eighteen (18) years of age or older or by a minor when under the immediate supervision of an adult. Such use of fireworks shall be limited to the domicile of the persons using them.
B. Firearms may be used to kill bird and animal pests by adults eighteen (18) years or older within the corporate limits of the Village of Eolia. Said use of firearms shall be limited to a person's domicile after proper precautions have been exercised to prevent danger or disturbance to other citizens or property.
c. The discharge of shotguns for target practice shall be permitted within the corporate limits of the Village of Eolia by adults eighteen (18) years of age or older. Said use of shotguns shall be limited to the domicile of the persons using them and there must be unobstructed field of fire of no less 250 yards from the point of discharge.
D. The discharge of handguns and rifles for target practice shall be permitted within the corporate limits of the Village of Eolia during the daylight hours of 10:00 a.m. until sunset by persons twenty-one (21) years of age or older who have in their possession a valid permit from the Village of Eolia. Said permits shall be issued by the Eolia Board of Trustees after inspection of the shooting area and upon the recommendation of the Marshall or other designated village official. Said permits may be revoked at any time after a public hearing and upon the majority vote of the Village Board of Trustees.
E. The minimum requirement for such a permit shall be a natural or artificial barrier behind all targets of sufficient height, width, and density to prevent the accidental escape of projectiles that could be dangerous to persons or property.
F. Permits for public discharges of fireworks after sunset by civic groups may also be granted by the Board of Trustees of the Village of Eolia.
G. This ordinance shall not in any way be construed to permit the irresponsible, careless, or unsafe use of fireworks or firearms.
Section 2: Any person determined to have discharged firearms or fireworks in violation of any of the provisions of this ordinance shall be subject upon conviction, to a fine of up to One Hundred Dollars ($100.00).
Section 3: This ordinance shall be in full force and effect upon its enactment, and Ordinance 18 as well as Section 4 of Ordinance 12 is hereby repealed.
READ THREE TIMES AND PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EOLIA, MISSOURI, THIS 17th DAY OF September 1985.