[CC 1970 §1-10]
All entries onto property within the City by officers, employees, etc., of the City, for the purpose of enforcing the provisions of this Code or other ordinances of the City, shall be made in the manner authorized and directed by law.
[1]
Cross References — As to right of entry to property by members of planning commission, see §400.050 of this Code; as to right of entry of animal control officer to enforce regulations governing animals and fowl, see §210.020; as to right of entry into buildings for inspection for fire hazards, see §205.120; as to right of entry of officers in removing abandoned vehicles, see §395.050.
[Ord. No. 1072 §§1 — 4, 10-16-1984]
A. 
Purpose. In order for the City of Rock Hill to assure that all programs it undertakes are established in a manner which assures that all residents of the City of Rock Hill have an equal opportunity to participate or utilize such programs regardless of their handicapped status, the following procedure is adopted for the processing of alleged complaints of discrimination on the basis of handicapped status.
B. 
Filing Of Complaint. Any person who believes that they have been discriminated against because of handicapped status shall have the right to file a written complaint of said discrimination with the City Administrator.
C. 
Procedure.
1. 
The City Administrator shall within ten (10) days of the receipt of an alleged complaint cause a meeting to occur with the complainant to determine all details of the incident. The complainant may request that any witnesses to the alleged incident be present to offer corroboration to the complaint.
2. 
The City Administrator shall make a written record of all information given at this meeting and shall provide said record to the Board of Aldermen at its next regularly scheduled meeting.
3. 
At its next regularly scheduled meeting the Board of Aldermen shall review the record prepared and submitted by the City Administrator and shall make a determination as to the validity of the complaint.
4. 
If it is determined that the complaint is valid the Board of Aldermen shall make adjustments to the program or service to assure that the discriminatory policy is discontinued.
D. 
Employment. The City of Rock Hill will not discriminate in the hiring, promotion, discipline or removal of any City employee on the basis of handicapped status.
[Ord. No. 1096 §§1 — 9, 2-18-1986]
A. 
The City may in its discretion indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, other than an action by or in the right of the City, by reason of the fact that he/she is or was a public official whether elected or appointed, officer, employee or agent of the City or its boards or commissions or was serving at the request of the City on any other governmental board or commission against expenses, including attorney's fees, judgments, fines and amounts paid in settlement or compromise, actually and reasonably incurred by him/her in connection with such action, suit or proceeding if he/she acted in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interest of the City, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his/her conduct was unlawful or unconstitutional. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he/she reasonably believed to be in or not opposed to the best interest of the City, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was not unlawful; except that no indemnification shall be made in respect of any claim, or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in performance of his/her duty to the City unless and only to the extent that the court in which the action or suit was brought determines upon application that, despite the adjudication of liability and in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses which the court may deem proper.
B. 
Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the City in advance of the final disposition of the action, suit or proceeding as authorized by the Board of Aldermen in the specific case upon receipt of an undertaking by or on behalf of the public official, employee or agent to pay the expense of such action.
C. 
Any person seeking indemnification from the City shall in the event of any occurrence and upon receipt of notice of any claim, suit, action or proceeding promptly notify in writing the City Administrator of the City of the identity of the person seeking indemnification and also of reasonably obtainable information with respect to the time, place and circumstances that give rise to the occurrence including the name and address of the injured party and of any witnesses.
D. 
The person seeking indemnification shall cooperate with the City in any investigation, defense, negotiation or compromise of any claim, suit or action, even if any of the allegations of the suit are groundless, false or fraudulent, and the City may make such investigation and settlement of any claim or suit as it deems expedient, but the City shall not be obligated to pay any claim or judgment or expense including attorney's fees unless and until the benefits of any insurance, whether provided by the City or by the person seeking indemnification, have been exhausted and in no event in excess of one hundred thousand dollars ($100,000.00) for any one (1) claimant or an aggregate of one hundred thousand dollars ($100,000.00) for all claims arising out of and upon the same act or an aggregate of one hundred fifty thousand dollars ($150,000.00) during any one (1) calendar year.
E. 
Any investigation, defense, negotiation or compromise covered by this Section shall be conducted by the City Attorney or his/her designee.
F. 
The City may, in its discretion, purchase and maintain insurance on behalf of the City or any person who is or was a public official, whether elected or appointed, or an employee or agent of the City, its boards or commissions, or, is or was serving on any other board or commission at the request of the City, against claims or causes of action for property damage or personal injuries including death, caused while in the exercise of government functions.
G. 
The indemnification provided herein is intended for the personal enjoyment, protection and welfare of the City, its public officials whether elected or appointed, its employees or agents as herein set forth and no such person can assign, sell, pledge, hypothecate or in any other manner anticipate or dispose of such right to indemnification; and no party recovering any such judgment, fines, amounts paid in settlement or compromise of claim or cause of action or expense including attorney's fees, against a person eligible for indemnification can sue the City to recover or enforce any claim for indemnification.
H. 
Nothing herein shall be construed to broaden the liability of the City, its public officials whether elected or appointed, its employees or agents, nor to abolish or waive any defense at law including sovereign immunity which might otherwise be available to the City, its public officials whether elected or appointed, its employees or agents.
I. 
The payment of such amounts as may be necessary for the benefit of any person covered hereby are deemed necessary and proper public purposes for which funds of this City may be expended.
[Ord. No. 1450 §1, 10-29-2001]
A. 
Definitions. As used in this Section, the following terms shall mean:
CONSTRUCTION ZONE OR WORK ZONE
Any area upon or around any highway which is visibly marked as an area where construction, maintenance or other work is occurring including the lanes of highway leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.
HIGHWAY
Any public thoroughfare for vehicles, including State roads, County roads and public streets, avenues, boulevards, parkways or alleys.
MOVING VIOLATION
That character of traffic violation of traffic or motor vehicle operation ordinance of the City where at the time of violation the motor vehicle involved is in motion, except that the term does not include the driving of a motor vehicle without a valid motor vehicle registration license or violations relating to sizes and weights of vehicles.
B. 
Upon a conviction or a plea of guilty by any person for a moving violation, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by law if the offense occurred within a construction zone or a work zone.
C. 
Upon a conviction or plea of guilty by any person for a speeding violation or a passing violation pursuant to Subsection (F) of this Section, the court shall assess a fine of two hundred fifty dollars ($250.00), in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B) of this Section and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (D) of this Section.
D. 
The penalty authorized by Subsection (C) of this Section shall only be assessed by the court if signs have been erected upon or around a construction or work zone, are clearly visible from the highway and which state substantially the following message: "Warning: $250.00 fine for speeding or passing in this work zone".
E. 
During any day in which no person is present in a construction zone or work to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The contractor performing the work shall be responsible for compliance with provisions of this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
F. 
The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This Subsection applies to a construction zone or work zone located upon a highway divided into two (2) or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane by appropriate sign.
[Ord. No. 1662 §§1 — 5, 7-15-2008]
A. 
The City of Rock Hill hereby confirms that it has not enacted any "sanctuary policy" as defined by Section 67.307, RSMo. To the extent that any City ordinance, resolution, order or other official action limits or prohibits any City Official or employee from communicating or cooperating with Federal agencies or officials to verify or report the immigration status of any alien within the City or purports to grant to illegal aliens the right to lawful presence or status within the City in violation of Federal law, such ordinance, resolution, order or other official action is hereby repealed.
The City and its officials shall not in any way restrict any governmental entity or official from communicating or cooperating with the United States Bureau of Immigration and Customs Enforcement regarding citizenship or immigration status of any individual. No person or agency within the City shall prohibit or in any way restrict a public employee from taking any of the following actions with respect to information regarding the immigration status of any individual:
1. 
Sending such information to, or requesting or receiving such information from, the United States Bureau of Immigration and Customs Enforcement;
2. 
Maintaining such information; or
3. 
Exchanging such information with any other Federal, State or local government entity.
B. 
The City Administrator shall ensure that the Chief of Police fully complies with Section 67.307.3, RSMo., by providing written notice to each current and future Law Enforcement Officer of their duty to cooperate with State and Federal agencies and officials on matters pertaining to enforcement of State and Federal laws governing immigration. The City Administrator shall also ensure that effective August 20, 2009, the Chief of Police shall cause the department to exert reasonable efforts to verify the lawful immigration status of any person who is charged and confined to jail from documents in the possession of that person and otherwise, including to the extent necessary verification within forty-eight (48) hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or successor office or agency, and also to notify said Department if any prisoner is determined to be in the United States unlawfully.
C. 
No alien unlawfully present in the United States shall receive any State or local public benefit from the City in violation of State or Federal law, including any grant, contract or loan, retirement, welfare, health, post-secondary education, scholarship, disability, housing or food assistance benefit. Applicants for such benefits shall comply with State law including Section 208.009, RSMo. The City and its employees shall comply with such laws in processing such applications, including by cooperating with the United States Department of Homeland Security in achieving verification of an alien's lawful presence in the United States.
D. 
The City Administrator shall supervise the review of all City employment practices to ensure compliance with new State laws regarding classification of independent contractors and confirming eligibility for employment of any alien, including enrollment and active participation in a Federal work authorization program, if available.
E. 
The City Administrator shall supervise the review of City bidding and contracting procedures to ensure compliance with new State laws regarding contractor commitments to confirming eligibility for employment of any alien and to employee safety training.