CODE OF CARTHAGE

____________

GENERAL ORDINANCES OF THE CITY

____________

Adopted: September 13, 1988

Effective: September 13, 1988

____________

Published in 1988 by Order of the City Council

____________

OFFICIALS

of the

CITY OF CARTHAGE

AT THE TIME OF THIS CODIFICATION

____________

Harry Rogers
Mayor

____________

Betty Stafford

JoAnne Wilson

Bob Fasken

Perry Fleming

Scott Campbell

Jack Cameron

Ed Beam

William Johnson

John Gilbreath

Ben Johnson

City Council

____________

David Dally

City Attorney

____________

Tom Simpson

City Administrator

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Carthage of a general and permanent nature.

Source materials used in the preparation of the Code were the 1978 Code, as supplemented, and ordinances subsequently adopted by the council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the 1978 Code, as supplemented, and any subsequent ordinances included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the first section of Chapter 2 is 2-1. Under this system, each section is identified with its chapter, and, at the same time, new sections or even whole chapters can be inserted in their proper place, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 1-2 and 1-3 is desired to be added, such new sections would be numbered 1-2.1, 1-2.2 and 1-2.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 4 and 5, it will be designated as Chapter 4.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Index

The index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officers and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully maintaining this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under direct supervision of Roger D. Merriam, Supervising Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mr. Tom Simpson, City Administrator, for his cooperation and assistance during the progress of the work on this Code. It is hoped that his efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ADOPTING ORDINANCE
ORDINANCE NO. 6142

An Ordinance Adopting and Enacting a New Code for the City of Carthage, Missouri; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and this Ordinance Shall Become Effective

Be It Ordained by the Council of the City of Carthage, Jasper County, Missouri as follows:

Section I: The Code entitled the "Code of Carthage," published by Municipal Code Corporation, consisting of Chapters 1 through 25, each inclusive, is adopted.

Section II: All ordinances of a general and permanent nature enacted on or before April 12, 1988, and not included in the Code or recognized and continued in force by reference therein are hereby repealed.

Section III: The repeal provided for in section two hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section IV: Unless another penalty is expressly provided, every person convicted of a violation of any provisions of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, as provided in section 1-12 of the Code. Each act or violation and each day upon which such violation shall occur shall constitute a separate offense. The penalty provided by section 1-12, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is re-enacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section V: Additions or amendments to the Code, when passed in the form as to indicate the intention of the city to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section VI: Ordinances adopted after April 12, 1988, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section VII: The following amendments are hereby made to the Code and are to be directed to the attention of the Municipal Code Corporation for appropriate changes to be made in said Code, to wit:

(1)

Section 4-5(22) is deleted.

(2)

Section 3-59 shall be enacted as follows: "No person shall drink intoxicating liquors, in any quantity, upon any street, alley, or sidewalk within the city."

(3)

Section 3-3(d) is deleted.

(4)

Section 4-19(c) is deleted.

(5)

Section 13-1 shall be enacted as follows: "It shall be unlawful for any person to attach, affix or place any card, paper, handbill, circular or other advertising matter of any character on any motor vehicle."

(6)

The age stated in section 13-86(c) shall be seventeen (17).

(7)

The list of prohibited locations for the posting of handbills in section 13-132 shall include all street and highway signs.

(8)

The list of prohibited substances in section 13-155 shall include glue, paint, paint thinner and gasoline.

(9)

The word "engineer" in section 23-12 should be the word "engine."

(10)

Section 23-11 shall be enacted as follows: "No person shall destroy or remove any barricade, warning sign, light or torch used to close a street, alley, or sidewalk or warn the public of the closing of same."

(11)

The word "not" is hereby deleted from section 23-167(a)(1).

(12)

Section 23-167(b)(2) shall be enacted as follows: "Upon a city street with two (2) or more marked lanes of traffic in each direction."

(13)

The following is added to section 23-261, to wit: "This service shall be provided at all times that other calls for police services allow sufficient police personnel to provide said service."

(14)

The following is added to section 23-404, to wit: "At no time shall any vehicle be parked to face oncoming traffic."

(15)

The following is added to section 23-409, to wit: "This section shall apply to all marked municipal parking lots."

(16)

Section 23-415 is amended by striking from said section the word "car" and enacting in lieu thereof the words "motor vehicle."

(17)

Section 23-416(b) is deleted.

(18)

The following is added to section 23-416(a)(1), to wit: "… and all areas within twenty (20) feet of any other intersection in the city."

(19)

Section 23-608(a) is deleted.

(20)

Section 240.630B. of the current Code of the City of Carthage is re-enacted and shall be recodified in this Code.

(21)

Section 303.080 of the current Code of the City of Carthage is reenacted and shall be recodified in this Code.

(22)

Section 600.190 of the current Code of the City of Carthage is reenacted and shall be recodified in this Code.

(23)

Section 6-219 is deleted and the following enacted in lieu thereof: "All requirements pertaining to the construction of water service pipelines, established by the Carthage Water and Electric, shall supersede those of the BOCA National Plumbing Code, where a conflict occurs."

(24)

Section 17-81 is amended by deleting the words "city clerk" and enacting in lieu thereof the words "city engineer."

(25)

Section 17-84 is amended by deleting the words "city clerk" and enacting in lieu thereof the words "city engineer."

(26)

The following is added as section 21-26(d), to wit: "In lieu of a city grade book, plans and specifications shall be designed and kept on file by the city engineer. These plans and specifications shall be a public record."

Section VIII: This Ordinance shall take effect and be in force from and after its passage and approval.

PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 1988.

	/s/ Harry O. Rogers II       Mayor

ATTEST:

/s/ Barbara Welch       City Clerk