Cross Reference — As to requirements with respect to illegal immigrants, see §500.100.
[Ord. No. 376 §§1 —
2, 10-10-1988]
A.
The Code of Ordinances, consisting of Titles I through VII, each inclusive, is hereby adopted and enacted as the "Code of Ordinances for the City of Herculaneum, Missouri," which shall supersede all other general and permanent ordinances of the City passed on or before October 10, 1988, to the extent provided in Section 100.002 hereof.
B.
All provisions
of such Code shall be in full force and effect from and after October
10, 1988.
[Ord. No. 376 §3, 10-10-1988]
A.
All ordinances
of a general and permanent nature of the City adopted on final passage
on or before October 10, 1988, and not included in such Code or recognized
and continued in force by reference therein, are hereby repealed from
and after October 10, 1988, except those which may be specifically
excepted by separate ordinance, and except the following which are
hereby continued in full force and effect, unless specifically repealed
by separate ordinance:
1.
Ordinances
promising or guaranteeing the payment of money for the City, or authorizing
the issuance of any bonds or notes of the City or any other evidence
of the City's indebtedness, or authorizing any contract or obligation
assumed by the City;
2.
Ordinances
levying taxes or making special assessments;
3.
Ordinances
appropriating funds or establishing salaries and compensation, and
providing for expenses;
4.
Ordinances
granting franchises or rights to any person, firm or corporation;
5.
Ordinances
relating to the dedication, opening, closing, naming, establishment
of grades, improvement, altering, paving, widening or vacating of
streets, alleys, sidewalks or public places;
6.
Ordinances
authorizing or relating to particular public improvements;
7.
Ordinances
respecting the conveyances or acceptance of real property or easements
in real property;
8.
Ordinances
dedicating, accepting, or vacating any plat or subdivision in the
City or any part thereof, or providing regulations for the same;
9.
Ordinances
annexing property to the City;
10.
The
zoning ordinance or ordinances of the City; and
11.
Any
ordinance prescribing traffic regulations for specific locations,
speed limits, prescribing through streets, parking limitations, parking
prohibitions, one-way traffic, stop signs, limitations on loads of
vehicles or loading zones, not inconsistent with such Code.
B.
The repeal
provided for in this Section shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance
which is repealed by this Article.
[Ord. No. 376 §4, 10-10-1988; Ord. No. 06-050 §1, 7-24-2006]
A.
Any and
all additions and amendments to such Code when passed in such form
as to indicate the intention of the Board of Aldermen to make the
same a part thereof shall be deemed to be incorporated in such code
so that reference to the "Code of Ordinances of the City of Herculaneum,
Missouri", shall be understood and intended to include such additions
and amendments.
B.
The Board
of Aldermen may from time to time provide for the compilation or revision
and codification of the general ordinances of the City and the publication
in book form of such compilation or codification, and may provide
for keeping such compilation and codification up to date by supplements
to permanently bound books or by insertions of amending or new ordinances
in loose-leaf binders, and may provide for annual or occasional recodification
of codifications housed in loose-leaf binders. The codification may
contain citations to Sections or previous ordinances retained or modified.
All titles, effective date sections and signatures of ordinances may
be omitted. The codification may contain annotations to statutes,
cross references and other matter that may make the code more useful.
The codification may incorporate by reference standard or model codes
or ordinances, State regulations and Statutes as authorized by Section
67.280, RSMo., Sections 67.400 to 67.450, RSMo., and Section 300.600,
RSMo., and amendments to such Statutes. The codification may incorporate
by reference State Statutes relating to vehicle equipment regulations
contained in Chapter 307, RSMo., and amendments to such Statutes.
The ordinance adopting the codification shall recite that the codification
was authorized by ordinance, and that it was made in conformity with
this Section and amendments to this Section. When the ordinance and
the codification, along with a certificate of the City Clerk that
the same are true and correct copies, are published in book form,
the codification shall take effect and shall import absolute verity
and be received in evidence in all courts and places without further
proof.
[Ord. No. 376 §5, 10-10-1988; Ord. No. 622, 8-25-1997]
A.
Whenever
in this Code or any other ordinance of the City, or in any rule, regulation,
notice or order promulgated by any officer or agency of the City under
authority duly vested in him/her or it, any act is prohibited or is
declared to be unlawful or an offense or misdemeanor or the doing
of any act is required or the failure to do any act is declared to
be unlawful or an offense or a misdemeanor, notwithstanding any other
penalty provided for the Municipal Code of the City of Herculaneum,
upon conviction of a violation of any such provision of this Code
or of any such ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment in the City or County Jail not exceeding ninety
(90) days or by both such fine and imprisonment; provided, that in
any case wherein the penalty for an offense is fixed by a Statute
of the State, the statutory penalty, and no other, shall be imposed
for such offense, except that imprisonment may be in the City prison
or workhouse instead of the County Jail.
B.
Every
day any violation of this Code or any other ordinance or any such
rule, regulation, notice or order shall continue, the same shall constitute
a separate offense.
C.
Whenever
any act is prohibited by this Code, by an amendment thereof, or by
any rule or regulation adopted thereunder, such prohibition shall
extend to and include the causing, securing, aiding, or abetting of
another person to do said act. Whenever any act is prohibited by this
Code, an attempt to do the act is likewise prohibited.
[Ord. No. 376 §6, 10-10-1988; Ord. No. 06-040 §1, 7-24-2006]
A.
In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Section 100.004 of this Article shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.
B.
No offense
committed and no fine, penalty or forfeiture incurred or prosecution
commenced or pending previous to or at the time when any statutory
provision is repealed or amended shall be affected by the repeal or
amendment, but the trial and punishment of all such offenses and the
recovery of the fines, penalties or forfeitures shall be had, in all
respects, as if the provision had not been repealed or amended, except
that all such proceedings shall be conducted according to existing
procedural laws.
[Ord. No. 376 §7, 10-10-1988]
A copy of such Code shall be kept on file in the office of the
City Clerk, preserved in looseleaf form or in such other form as the
City Clerk may consider most expedient. It shall be the express duty
of the City Clerk, or someone authorized by said officer, to insert
in their designated places all amendments and all ordinances or resolutions
which indicate the intention of the Board of Aldermen to make the
same a part of such Code when the same have been printed or reprinted
in page form, and to extract from such Code all provisions which from
time to time may be repealed by the Board of Aldermen. This copy of
such Code shall be available for all persons desiring to examine the
same.
[Ord. No. 376 §8, 10-10-1988]
That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Herculaneum to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 100.004 of this Article.
[Ord. No. 2 §1]
The City of Herculaneum, being an incorporated City of this
State containing more than five hundred (500) inhabitants, and less
than three thousand (3,000) inhabitants, elects to become a City of
the Fourth Class, subject to the ratification by the majority of the
qualified electors thereof voting thereon at an election called therefore.
[Ord. No. 9 §1]
A.
It is
hereby declared to be the policy and purpose of the City of Herculaneum,
Missouri, to extend to all eligible employees and officials of said
City who are not excluded by law or by this Section, and whether employed
in connection with a governmental or proprietary function of said
City, the benefits of the system of Federal Old-Age and Survivors
Insurance as authorized by the Social Security Act Amendments of 1950,
and by Senate Committee Substitute for Senate Bill No. 3 of the 66th,
General Assembly of the State of Missouri and amendments thereof,
as the same may be now and hereafter in effect.
B.
The Mayor
and City Clerk of the City of Herculaneum, Missouri, are hereby authorized
and directed, on behalf of this City, to prepare, execute and submit
to the Division of Budget and Comptroller of the State of Missouri,
as State Agency of the State of Missouri, a plan and agreement for
extending said benefits to said eligible employees and officials of
the City of Herculaneum, Missouri, in the form prepared by the State
Agency and hereby approved and adopted by the City Council of this
City, which plan and agreement are to become effective upon approval
thereof by the State Agency, and are further authorized and directed
to execute agreements and modifications and amendments thereof with
said State Agency, providing for the extension of said benefits to
said employees and officials as set forth in said plan and agreement,
as provided for in Section A hereof, said plan and agreement to provide
that said extension of benefits is to be effective on September 7,
1972.
C.
Commencing
on the first day of the month following the date of the approval of
the plan and agreement of this City by the State Agency, there shall
be deducted from the wages of all employees and officials of the City
of Herculaneum, Missouri, to whom the benefits of said system of Federal
Old-Age and Survivors Insurance are extended, by virtue of the plan
and agreement hereinbefore provided for, the amount of each of said
employees' and officials' contributions, as determined by the applicable
State and Federal laws and by said plan and agreement, the aggregate
amount of said deductions to be paid into the Contributions Fund created
by Senate Committee Substitute for Senate Bill No. 3 of the 66th.
General Assembly of the State of Missouri; provided however, that
from the first payment of wages made to each of said employees and
officials after the benefits of said system have been extended to
such employees and officials, there shall be deducted a sum equal
to the amount which would have been due and payable from each of said
employees and officials had said extension of benefits been provided
and effective on September 7, 1972.
D.
Commencing
on the first day of the month following the date of the approval of
the plan and agreement of this City by the State Agency, there is
hereby authorized to be appropriated from the Revenue Fund of the
City of Herculaneum, Missouri, and there is, and shall be, appropriated,
the sum or sums of money necessary to pay the contributions of the
City of Herculaneum, Missouri, which shall be due and payable by virtue
of the extension of the benefits of the Federal Old Age and Survivors
Insurance System to the eligible employees and officials of said City,
said sum or sums of money to be paid into the Contributions Fund created
by Senate Committee Substitute for Senate Bill No. 3 of the 66th.
General Assembly of the State of Missouri; provided however, that
in making the first payment to said Contributions Fund, after the
benefits of said system have been extended to such employees and officials,
said first payment shall include a sum equal to the amount which would
have been due and payable had said extension of benefits been provided
and effective on September 7, 1972. The Fund from which said appropriation
is made will, at all times, be sufficient to pay the contributions
of the City by this Section directed to be paid to said Contributions
Fund.
E.
The City
of Herculaneum, Missouri, from and after the approval of the plan
and agreement of this City by the State Agency, shall fully comply
with, and shall keep such records, make such reports and provide such
methods of administration of said plan and agreement as may be required
by all applicable State and Federal laws, rules and regulations, now
and hereafter in effect with respect to the extension of the benefits
of the Federal Old Age and Survivors Insurance System to the employees
and officials of this City. For the purpose of administering said
plan and agreement the City Clerk of this City shall be the official
who shall make all required reports, keep all records, and be responsible
for the administration of said plan and agreement on behalf of this
City, and any and all notices and communications from the State Agency
to this City with respect to said plan and agreement shall be addressed
to the "City Clerk of Herculaneum, Missouri."
[Ord. No. 25 §§1,3]
[Ord. No. 307 §§1 —
2]
A.
The Board
of Aldermen shall in the process of establishing the annual budget,
provide monies for the operation of the City Library.
B.
The Board
of Aldermen shall in the process of obtaining the insurance coverage
for City property, insure that coverage is provided for the portion
of City Hall building housing the City Library, including the contents.
[Ord. No. 34-2008 §1, 8-25-2008]
A.
Except
to the extent disclosure is otherwise required by law, the City of
Herculaneum closes the following records:
1.
Software
codes for electronic data processing and documentation thereof.
2.
Specifications
for competitive bidding until either the specifications are officially
approved by the Board of Aldermen or the specifications are published
for a bid.
3.
Records
which are prohibited from disclosure by law.
4.
Confidential
or privileged communications between the City and its auditor, including
all auditor work product; however, all final audit reports issued
by the auditor are to be considered open records.
5.
Operational
guidelines and policies developed, adopted or maintained by the City
of Herculaneum for use in responding to or preventing any critical
incident which is or appears to be terrorist in nature and which has
potential to endanger individual or public safety or health. Nothing
in this Section shall be deemed to close information regarding expenditures,
purchases or contracts made by the City in implementing these guidelines
or policies. Seeking to close information pursuant to this Section,
the City shall affirmatively state in writing that disclosure would
impair its ability to protect the safety or health of persons and
shall in the same writing state that the public interest and non-disclosure
outweighs the public interest and the disclosure of the records.
6.
Existing
or proposed security systems and structural plans of real property
owned or leased by the City and information that is voluntarily submitted
by a non-public entity owning or operating an infrastructure to the
City for use by the City to devise plans for protection of that infrastructure,
the public disclosure of which would threaten public safety:
a.
Records
related to the procurement of or expenditures relating to security
systems purchased with public funds shall be open.
b.
When
seeking to close information pursuant to this Section, the City shall
affirmatively state in writing that disclosure would impair the City's
ability to protect the security or safety of persons or real property
and shall in the same writing state that the public interest and non-disclosure
outweighs the public interest and disclosure of the records.
c.
Records
that are voluntarily submitted by non-public entities shall be reviewed
by the City within ninety (90) days of submission to determine if
retention of the document is necessary in furtherance of a City's
security interest. If retention is not necessary, the document shall
be returned to the non-public governmental body or destroyed.
7.
Records
that identify the configuration of components or the operation of
computer, computer system, computer network or telecommunications
network and would allow unauthorized access to or unlawful disruption
of a computer, computer system, computer network or telecommunications
network of the City. This exception shall not be used to limit or
deny access to otherwise public records in a file, document, data
file or database containing public records. Records related to the
procurement of or expenditures relating to such computer, computer
system, computer network, telecommunications network, including the
amount of monies paid by, or on behalf of, the City for such computer,
computer system, computer network or telecommunications network, shall
be open.
8.
Credit
card numbers, personal identification numbers, digital certificates,
physical and virtual keys, access codes or authorization codes that
are used to protect the security of electronic transactions between
the City and a person or entity doing business with the City. Nothing
in this Section shall be deemed to close the record of a person or
entity using a credit card held in the same name of the City or any
record of a transaction made by a person using a credit card or other
method of payment for which reimbursement is made by the City.
9.
All
records of the City regarding the hiring, firing, disciplining or
promoting of particular employees when personal information about
the employee is discussed or recorded. "Personal information" means information relating to the performance or merit of individual
employees.
10.
All
individually identifiable personnel records, performance ratings or
records pertaining to employees or applicants for employment.
B.
Any vote
on a final decision to hire, fire, promote or discipline an employee
shall be made available with a record of how each member voted to
the public within seventy-two (72) hours of the close of the meeting
where such action occurs; provided however, that any employee so affected
shall be entitled to prompt notice of such decision during the seventy-two
(72) hour period before such decision is made available to the public.
C.
The closure
of records does not apply to the names, positions, salaries and lengths
of service of the employees and officers once they are employed as
such.
