Missouri Statute | Act | Code |Cities, Towns And Villages| US Code - US Statute

1. Any city of this state framing and adopting a charter for its
own government, whether under the provisions of section 19, article VI of
the constitution of 1945, or under the provisions of section 16 or
section 20, article IX of the constitution of 1875, is hereby defined and
declared to be a constitutional charter city.

2. All laws now existing or which may hereafter be enacted relating or
making reference to cities under constitutional charter or constitutional
charter cities, shall be deemed to and shall apply and be valid only in
relation to cities of this state defined and declared in this section to
be cities under constitutional charter. (L. 1945 p. 1289 § 6215a, A.L.
1953 p. 268)

Any city or town under special charter, as defined in section
81.010, RSMo, and any other city in this state which now has or which may
hereafter have a population of more than ten thousand inhabitants
according to the last preceding federal decennial census may frame and
adopt or amend a charter for its own government by complying with the
provisions of sections 19 and 20 of article VI of the constitution of
this state, or any amendments thereof. (L. 1945 p. 1309 § 1, A.L. 1980
H.B. 991)

All persons in office in such city at the time of the
ratification of such charter shall hold their offices until their
successors are elected or appointed and qualified, as may be provided in
such charter, but no longer. At any time there is a vacancy in any office
in a city not within a county, where a person is to be appointed by the
governor to fill such vacancy, the deputy officer for that particular
office shall serve in the interim until such appointment is made. (RSMo
1939 § 7592, A.L. 1990 H.B. 1716)

Prior revisions: 1929 § 7449; 1919 § 8860; 1909 § 9709

All ordinances, regulations and resolutions in force at the time
such charter takes effect, and not inconsistent with the provisions
thereof, shall remain and be in force until altered, modified or repealed
by the lawmaking authorities of such city. (RSMo 1939 § 7595)

Prior revisions: 1929 § 7452; 1919 § 8863; 1909 § 9712

Such charter, in superseding any previous charter and amendments
thereof, shall not affect any right, lien or liability accrued,
established or subsisting previous to the time when such charter takes
effect, nor affect any action or proceeding pending when such charter
takes effect; but such right, lien or liability shall be enforced, and
such action or proceeding shall be carried on, in all respects, as if
such charter had not taken effect; nor shall such charter be in any wise
so construed as to affect any right or liability acquired or accrued
under the previous charter and amendments superseded thereby, by or on
the part of any city, or any person or body corporate. (RSMo 1939 § 7593)

Prior revisions: 1929 § 7450; 1919 § 8861; 1909 § 9710

All rights of action, fines, penalties and forfeitures accrued to
such city before such charter takes effect shall remain unaffected
thereby, and may be prosecuted, recovered and received as fully in every
respect as if such charter had not taken effect. (RSMo 1939 § 7596)

Prior revisions: 1929 § 7453; 1919 § 8864; 1909 § 9713

Any lien on real property existing in favor of the state of
Missouri, or of such city, at or before the taking effect of such
charter, for taxes and special assessments levied by such city, and all
right, title and estate acquired by or vested in the state of Missouri or
such city, by reason of the forfeiture or sale to the state or such city
of any tract of land, town or city lot offered at public sale for taxes
or special assessments levied by such city, interest and costs due
thereon, and not sold to others for want of bidders, are hereby assigned
and transferred to and continued in such city, and all lands, town or
city lots forfeited or sold to the state of Missouri or such city on
account of taxes or special assessments levied thereon by such city
shall, from the taking effect of such charter, be deemed and taken to be
forfeited and sold to such city. In all cases where certificates of
purchase have, at the time such charter takes effect, been made out in
the name of purchasers at any sale for such delinquent taxes or special
assessments, the right to redeem from any such sale, or to a deed or
deeds, shall not be affected or impaired by anything in this chapter or
in such charter contained. (RSMo 1939 § 7598)

Prior revisions: 1929 § 7455; 1919 § 8866; 1909 § 9715

Any constitutional charter city may at any time extend its limits
by ordinance, specifying with accuracy the new lines to which it is
proposed to extend its limits. All courts of this state shall take
judicial notice of the limits of the city when thus extended, and of all
the steps in the proceeding leading thereto. Should the city by extension
of its territorial limits include any portion of any incorporated city,
town or village, the extension shall be made to include the whole
territory of such incorporated city, town or village, and upon the
extension being made, the corporate existence of the incorporated city,
town or village included in the extension ipso facto ceases and all
property and rights of every kind and nature belonging to and vested in
such incorporated city, town or village shall, by operation of law, at
once pass to and vest in the city making the extension of its limits. All
officers and employees of such incorporated city, town or village having
custody or control thereof shall surrender and deliver the same to the
city so extending its limits; and the city shall also, by operation of
law, become liable to pay all debts and liabilities of the incorporated
city, town or village. Before the city extends its limits to include an
incorporated city, town or village, four-sevenths of the voters of the
incorporated city, town or village voting at such election desired to be
included within the limits of the city shall vote in favor of the
question in the following manner: Whenever the city desires to include
within its limits any incorporated city, town or village, the mayor of
the city shall inform the mayor or other chief officer of the
incorporated city, town or village proposed to be taken in of its
intention to include the city, town or village within its limits; the
mayor thereof shall order the question to be submitted to determine the
wish of the city, town or village; and if four-sevenths of the voters
voting on the question vote in favor of the proposed extension, the mayor
shall certify the result to the mayor of the city seeking to extend its
limits and the city may proceed to extend its limits as provided in this
section. In all cases where the corporate limits are defined in the
charter of the city, the ordinance extending the limits shall be in the
form of a proposed amendment to the charter of the city, and before the
amendment shall be of any force or effect, it shall be submitted to and
accepted by a majority of the voters of the city voting on the question,
in all respects and in compliance with all the requirements provided for
amendments to the charter of the city. (RSMo 1939 § 7626, A. 1949 H.B.
2032, A.L. 1959 S.B. 75, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7483; 1919 § 8894; 1909 § 9743

Whenever, by extension of its territorial limits as aforesaid,
new territory is annexed to such city, the lawmaking authorities thereof
shall, by ordinance, organize the same into a new ward or wards, or
attach the same to some existing ward or wards, long enough before the
next ensuing general city election to enable electors in such annexed
territory to register, and all other proper steps to be taken according
to law, so that the electors of such annexed territory may have full
opportunity to register and vote at such election. Actual residents of
any territory at the time of the annexation thereof as aforesaid shall,
if otherwise qualified, be qualified electors of such city, and be
eligible to any office therein at the next general city election
following such annexation. (RSMo 1939 § 7627)

Prior revisions: 1929 § 7484; 1919 § 8895; 1909 § 9744

Whenever the corporate limits of any such city shall be so
extended, and whenever and as often as the population of any such city,
or of any ward or wards thereof, has been or may be so increased or
diminished as to render, in the opinion of the lawmaking authorities of
such city, a revision or redistricting of the corporation into wards or a
change in the boundary of any ward or wards necessary, the same may be
done by ordinance. (RSMo 1939 § 7628)

Prior revisions: 1929 § 7485; 1919 § 8896; 1909 § 9745

Before such ordinance shall be passed, the same shall be
published for at least three weeks in at least one daily newspaper
published in such city, to be designated by the lawmaking authorities of
such city, but the failure to make such publication shall in no way
affect the validity of such ordinance. (RSMo 1939 § 7629)

Prior revisions: 1929 § 7486; 1919 § 8897; 1909 § 9746

In case of redistricting or division of such city into wards,
creation of any new ward or wards, or change of boundary in any ward or
wards, every qualified elector residing in any ward at any general city
election next thereafter, duly registered, shall be a qualified voter of
such ward, and nothing in this chapter contained shall be so construed as
to prevent any elector from voting or being eligible to any office by
reason merely of such redistricting or division or creation of any new
ward or wards, or change in the boundary of any ward or wards. (RSMo 1939
§ 7630)

Prior revisions: 1929 § 7487; 1919 § 8898; 1909 § 9747

All wards which may be established by ordinance as aforesaid
shall be composed of adjacent and compact territory, and the several
wards, at the time of redistricting, shall contain as nearly an equal
number of inhabitants as may be practicable. The wards shall be numbered
consecutively from one up to the highest number thus established. (RSMo
1939 § 7632)

Prior revisions: 1929 § 7489; 1919 § 8900; 1909 § 9749

Whenever any change in the number of wards or alteration in the
boundaries of any ward shall be made, or new wards shall be established,
there shall be no election of a representative to the municipal
legislature for such ward until the general election for corporation
officers. (RSMo 1939 § 7633)

Prior revisions: 1929 § 7490; 1919 § 8901; 1909 § 9750)

Nothing in this chapter contained shall be construed to limit or
abridge the term of office which any representative in the municipal
legislature of such city shall be elected to fill, but every such
representative shall be deemed and taken, for the residue of the term for
which he may have been elected, a representative of that ward in which
his actual residence and place of abode may be at the time of any
division of such city into wards, creation of any new ward or wards, or
change in the boundaries of any ward or wards. (RSMo 1939 § 7634)

Prior revisions: 1929 § 7491; 1919 § 8902; 1909 § 9751

All cities which have heretofore adopted charters pursuant to
section 16, article IX, of the Constitution of Missouri of 1875, or may
hereafter adopt charters pursuant to section 19, article VI of the
Constitution of Missouri of 1945 shall have power by charter enactment to
prescribe the manner in which nominations shall be made for municipal
offices in such cities and the form of ballot to be used at elections for
municipal offices in such cities. (RSMo 1939 § 7436, A.L. 1945 p. 1303)

Prior revision: 1929 § 7283

Such city shall have exclusive control over its public highways,
streets, avenues, alleys and public places, and shall have exclusive
power, by ordinance, to vacate or abandon any public highway, street,
avenue, alley or public place, or part thereof, any law of this state to
the contrary notwithstanding. (RSMo 1939 § 7635)

Prior revisions: 1929 § 7492; 1919 § 8903; 1909 § 9752

All ordinances, resolutions and proceedings of such city may be
approved by its corporate seal, attested by the officer having charge
thereof, and when printed and published by authority of such city, the
same shall be received in evidence in all courts and places without
further proof. (RSMo 1939 § 7591)

Prior revisions: 1929 § 7448; 1919 § 8859; 1909 § 9708

No action shall be maintained against any city of this state
which now has or may hereafter attain a population of one hundred
thousand inhabitants, on account of any injuries growing out of any
defect in the condition of any bridge, boulevard, street, sidewalk or
thoroughfare in said city, until notice shall first have been given in
writing to the mayor of said city, within ninety days of the occurrence
for which such damage is claimed, stating the place where, the time when
such injury was received, and the character and circumstances of the
injury, and that the person so injured will claim damages therefor from
such city. (RSMo 1939 § 7636)

Prior revisions: 1929 § 7493; 1919 § 8904

(1990) Steps leading from terminal to parking facility at KCI airport are
part of sidewalk and are a thoroughfare. Although statute does not
expressly mention steps, statute applies. (Mo. banc) Williams v. City of
Kansas City, 782 S.W.2d 64.

(2000) Yield sign is not construed as bridge, boulevard, street, sidewalk
or thoroughfare pursuant to this section. Jones v. City of Kansas City,
15 S.W.3d 736 (Mo.banc).

Such city, in taking an appeal or prosecuting a writ of error in
any judicial proceeding, shall give bonds as required by law, but it is
hereby released from the obligation of law to furnish security therefor.
All such bonds shall be executed by the mayor or chief magistrate of such
city, and shall be taken in all courts of this state as full compliance
with the law in such cases, and all laws and parts of laws inconsistent
with this provision are hereby repealed. (RSMo 1939 § 7594)

Prior revisions: 1929 § 7451; 1919 § 8862; 1909 § 9711

(1968) Court Rule 37.79 obviates the necessity of posting a bond by a
municipality upon an appeal by the municipality. Kansas City v. Plumb
(A.), 419 S.W.2d 457.

It shall be lawful for any such city in such charter, or by
amendment thereof, to provide for regulating and controlling the exercise
by any person or corporation of any public franchise or privilege in any
of the streets or public places of such city, whether such franchises or
privileges have been granted by said city, or by or under the state of
Missouri, or any other authority. (RSMo 1939 § 7637)

Prior revisions: 1929 § 7494; 1919 § 8905; 1909 § 9753

(1972) Although CATV system does not specifically fall within definition
of public utility under Missouri law, it could be included and under
authority granted cities to regulate public franchises or privileges a
city may regulate CATV and must follow procedures specified in ordinance.
Springfield Television, Inc. v. City of Springfield (CA Mo.), 462 F.2d 21.

It shall be lawful for any such city to make provision in its
charter, or by amendment thereof, to acquire and hold by gift, devise,
purchase or by the exercise of the power of eminent domain by
condemnation proceedings, lands for public use, either within the
corporate boundaries of such city or outside of such corporate
boundaries, and within the territorial limits of the county in which such
city may be situated, for public parks, cemeteries, penal institutions,
hospitals, rights-of-way for sewers, or for any other public purpose, and
to provide for managing, controlling and policing the same. (RSMo 1939 §
7638)

Prior revisions: 1929 § 7495; 1919 § 8906; 1909 § 9754

(1993) Where city's charter claimed any powers which general assembly had
authority to confer, including power of eminent domain within or without
its corporate boundaries, city had authority to condemn land outside its
territorial municipal boundaries. City of Cape Girardeau v. Jett, 851
S.W.2d 114 (Mo. App. E.D.).

All cities in this state having one hundred thousand inhabitants
or over are hereby authorized and empowered to build or to acquire, by
purchase or otherwise, within their respective corporate limits, a subway
or subways, to be exclusively owned by such cities, with such suitable
approaches, connections, loops, turnouts, sidings, stations, exits,
entrances and other appurtenances, and land, rights-of-way and easements
and estates and rights in land, including the right to go on, under or
above the surface, as may be necessary or expedient for the construction
and efficient use of such subway or subways for the transportation of
persons, baggage, express and freight, and for cars, other means of
transportation, pipes, wires and cables used for public service purposes.
(RSMo 1939 § 7639)

Prior revisions: 1929 § 7496; 1919 § 8907; 1909 § 9759

All such cities may operate or may lease such subway or subways,
or parts thereof, on terms to be fixed by said cities. Such cities may
contract for the purchase or construction of such subway or subways, and
for lease of same, and may grant rights therein, or in any part thereof,
upon such terms as they may deem best, for cars, other means of
transportation, pipes, wires and cables used for public service purposes.
But no such lease or grant shall be made for a longer period than fifty
years. And such cities may regulate the use of such subway or subways,
and of the construction and operation of cars, other means of
transportation, pipes, wires and cables used therein; provided, that such
city shall not lease, grant or let such street railroad, street railroad
system, subway or subways, or any part thereof, or rights therein, for
any purpose whatever, without the assent of a majority of the qualified
voters of such city voting for or against such lease, grant or letting at
an election held for that purpose. (RSMo 1939 § 7640)

Prior revisions: 1929 § 7497; 1919 § 8908; 1909 § 9760

Any such city may issue and sell, at not less than par, its
bonds, payable out of the revenue or income from such subway or subways.
(RSMo 1939 § 7641)

Prior revisions: 1929 § 7498; 1919 § 8909; 1909 § 9761

In all cities in this state which now have or may hereafter have
more than one hundred thousand inhabitants and less than five hundred
thousand inhabitants, it shall be the duty of the county assessor,
collector of the revenue, and the officer charged with the duty of
auditor of such county or any of them to perform the services for such
city pertaining to like offices when required by such city so to do, and
such city or cities are authorized and empowered to require such officers
of the county or any of them to perform the duties for the city
pertaining to such offices at such times, under such terms, in such
manner and for such compensation as such city may provide. (RSMo 1939 §
7597)

Prior revisions: 1929 § 7454; 1919 § 8865

In all cities having a population of over one hundred thousand
inhabitants in this state, the mayor, comptroller, auditor, register,
recorder of deeds, president of the board of assessors, and their
deputies, are hereby authorized and required to administer, free of
charge, any and all oaths in connection with the business of their
offices required to be made or submitted to or before them, by any law or
ordinance now in force or which may hereafter be enacted, or which they
themselves may deem necessary in the discharge of their official duties.
(RSMo 1939 § 7643, A.L. 1953 p. 268)

Prior revisions: 1929 § 7500; 1919 § 8911; 1909 § 9763

1. For purposes of this section, "derelict vehicle" means any
motor vehicle or trailer that was originally designed or manufactured to
transport persons or property on a public highway, road, or street and
that is junked, scrapped, dismantled, disassembled, or in a condition
otherwise harmful to the public health, welfare, peace, and safety.

2. The owner of any property located in any home rule city with more than
twenty-six thousand two hundred but less than twenty-six thousand three
hundred inhabitants, except any property subclassed as agricultural and
horticultural property pursuant to section 4(b), article X, of the
Constitution of Missouri or any property containing any licensed vehicle
service or repair facility, who permits derelict vehicles or substantial
parts of derelict vehicles to remain on the property other than inside a
fully enclosed permanent structure designed and constructed for vehicle
storage shall be liable for the removal of the vehicles or the parts if
they are declared to be a public nuisance.

3. To declare derelict vehicles or parts of derelict vehicles to be a
public nuisance, the governing body of the city shall give a hearing upon
ten days' notice, either personally or by United States mail to the owner
or agent, or by posting a notice of the hearing on the property. At the
hearing, the governing body may declare the vehicles or the parts to be
public nuisances, and may order the nuisance to be removed within five
business days. If the nuisance is not removed within the five days, the
governing body or the designated city official shall have the nuisance
removed and shall certify the costs of the removal to the city clerk or
the equivalent official, who shall cause a special tax bill for the
removal to be prepared against the property and collected by the
collector with other taxes assessed on the property, and to be assessed
any interest and penalties for delinquency as other delinquent tax bills
are assessed as permitted by law.

4. The provisions of this section shall terminate on August 28, 2010. (L.
2003 S.B. 621 §§ 82.291, B, A.L. 2004 S.B. 1114, A.L. 2005 H.B. 58 merged
with S.B. 453)

Expires 8-28-10

1. Absent explicit statutory authority, no constitutional charter
city with more than seventy thousand five hundred but less than
seventy-one thousand inhabitants located at least in part within a county
of the first classification with more than eighty-two thousand but less
than eighty-two thousand one hundred inhabitants shall enact any
ordinance, regulation, or resolution that would impose a surcharge or
other fee to compensate any political subdivision organized pursuant to
chapter 162, RSMo.

2. If any provision of this section or the application thereof to anyone
or to any circumstances is held invalid, the remainder of section A of
this act and the application of such provisions to others or other
circumstances shall not be affected thereby. (L. 2002 H.B. 1711)

1. Any city with a population of four hundred thousand or more
inhabitants which is located in more than one county may enact all
needful ordinances for preserving order, securing persons or property
from violence, danger and destruction, protecting public and private
property and for promoting the general interests and ensuring the good
government of the city, and for the protection, regulation and orderly
government of parks, public grounds and other public property of the
city, both within and beyond the corporate limits of such city; and to
prescribe and impose, enforce and collect fines, forfeitures and
penalties for the breach of any provisions of such ordinances and to
punish the violation of such ordinances by fine or imprisonment, or by
both fine and imprisonment; but no fine shall exceed five hundred dollars
nor imprisonment exceed twelve months for any such offense, except as
provided in subsection 2 of this section.

2. Any city with a population of four hundred thousand or more
inhabitants which is located in more than one county which operates a
publicly owned treatment works in accordance with an approved
pretreatment program pursuant to the federal Clean Water Act, 33 U.S.C.
1251, et seq. and chapter 644, RSMo, may enact all necessary ordinances
which require compliance by an industrial user with any pretreatment
standard or requirement. Such ordinances may authorize injunctive relief
or the imposition of a fine of at least one thousand dollars but not more
than five thousand dollars per violation for noncompliance with such
pretreatment standards or requirements. For any continuing violation,
each day of the violation shall be considered a separate offense.

3. Any city with a population of more than four hundred thousand
inhabitants may enact all needful ordinances to protect public and
private property from illegal and unauthorized dumping and littering, and
to punish the violation of such ordinances by a fine not to exceed one
thousand dollars or by imprisonment not to exceed twelve months for each
offense, or by both such fine and imprisonment.

4. Any city with a population of more than four hundred thousand
inhabitants may enact all needful ordinances to protect public and
private property from nuisance and property maintenance code violations,
and to punish the violation of such ordinances by a fine not to exceed
one thousand dollars or by imprisonment not to exceed twelve months for
each offense, or by both such fine and imprisonment. (RSMo 1939 § 7644,
A.L. 1943 p. 727, A.L. 1993 S.B. 376, A.L. 2000 H.B. 1238, A.L. 2001 S.B.
345)

Prior revisions: 1929 § 7501; 1919 § 8912; 1909 § 9764

(1971) Statute providing that certain constitutional charter cities may
provide for the trial and punishment of misdemeanors by ordinance upheld.
Kansas City v. Henderson (Mo.), 468 S.W.2d 48.

The office of license collector is hereby created in cities now
having or which hereafter may have three hundred thousand inhabitants or
more. (RSMo 1939 § 7725)

Prior revisions: 1929 § 7577; 1919 § 8987; 1909 § 9838

CROSS REFERENCE: Statutory office in certain constitutional charter
cities prohibited, Const. Art. VI § 22

(1958) Office of license collector in St. Louis City is a "county office"
and constitutional provision (Art. VI § 22) does not effect its abolition
as a municipal office. Preisler v. Hayden (Mo.), 309 S.W.2d 645.

1. No person shall be elected or appointed to the office of
license collector in any city not within a county who shall not have been
a qualified voter of such city for one year next preceding his election
or appointment.

2. Any license collector of any city not within a county who removes his
residence from such city shall forfeit such office. (L. 1990 S.B. 862 § 2)

The words "license" and "license tax", used in sections 82.310 to
82.410 shall include licenses for all purposes authorized or required by
law or ordinance, and also the tax on telegraph and telephone poles, the
dog tax, the merchants' ad valorem tax, the vehicle license tax and the
special tax on foreign insurance companies, and excepting always
dramshop, water and boat or wharfage licenses. (RSMo 1939 § 7732)

Prior revisions: 1929 § 7584; 1919 § 8994; 1909 § 9845

On the Tuesday next following the first Monday in November, A.D.
1902, and every four years thereafter, there shall be elected in said
cities, in the manner provided by law for the election of city officers,
a license collector, who shall hold his office for the term of four
years, and until his successor is elected and qualified; he shall take
the oath of office required of state officers, and give bond to such city
in the sum of twenty-five thousand dollars, conditioned that he will
faithfully and punctually collect and pay over all revenue for licenses
and license tax collected and received by him, and in all things
faithfully perform the duties of the office of license collector
according to law and the ordinances of said city, to be approved by the
mayor; and said oath and bond to be filed in the office of the city
register of such city. Vacancies in said office of license collector from
any cause shall be filled by the governor, from and until the end and
expiration of the term in which the vacancy is created. Said license
collector shall have his office in the city hall in such rooms as may be
designated for the purpose by the proper authority. (RSMo 1939 § 7726)

Prior revisions: 1929 § 7578; 1919 § 8988; 1909 § 9839

The license collector shall have exclusive authority in all such
cities to issue all licenses and receipts for license taxes, except
water, dramshop and boat or wharf licenses; he shall have authority to
revoke any license by him granted, if the person to whom the license has
been issued shall have been convicted of the violation of any law or
ordinance relative to such licenses. It shall be his duty to prevent any
persons carrying on any business, object or calling for which a license
or license tax is required, without having a license or license receipt
for that purpose; and he shall report to the court hearing municipal
ordinance violations of such city all violations of law and ordinances
relating to licenses and license taxes. No commissions or fees shall be
paid or allowed for the license collector, or any state or city officer
for the collection of any licenses or license tax to which sections
82.310 to 82.410 apply. No duties imposed under this section or
designated for the license collector's office by the city shall be
altered by any means other than legislative action. Any employees
transferred from the license collector's office due to a change in such
duties by a means other than legislative action shall be transferred back
to the license collector's office to the positions previously held, even
where such duties were changed within fifteen months prior to August 28,
1990. (RSMo 1939 § 7727, A.L. 1978 H.B. 1634, A.L. 1990 H.B. 1716)

Prior revisions: 1929 § 7579; 1919 § 8989; 1909 § 9840

It shall be the duty of the license collector to keep a complete
list of all persons, firms, associations and corporations who are
required by law, or ordinance, to obtain a license, or pay a license tax,
and collect all information which may be necessary for the proper
assessing, levying and issuing of licenses and license taxes. Such lists
and information shall be kept in proper books in the office of the
license collector and at all times be kept up to date, as complete and
correct as possible. (RSMo 1939 § 7728, A.L. 1953 p. 268)

Prior revisions: 1929 § 7580; 1919 § 8990; 1909 § 9841

To obtain a license or to pay a license tax the person making
application therefor shall accompany his application with such statements
and affidavits as may now or hereafter be required by law or ordinance;
the license collector, as soon thereafter as practicable, shall give to
the applicant a statement that, upon the payment of the amount of the
license or license tax required by law or ordinance to be paid, a license
or tax receipt, as the case may be, will be issued to such applicant.
Upon the receipt of said statement, the applicant shall pay to the
license collector the amount named in such statement, taking therefor
duplicate receipts, one of which shall be by him filed with the city
auditor, and the license collector shall thereupon issue the license or
license tax receipt to the applicant for the period required by law or
the ordinances of such city. (RSMo 1939 § 7729)

Prior revisions: 1929 § 7581; 1919 § 8991; 1909 § 9842

The license collector shall keep a separate record or book for
each kind of license or tax receipt which he is authorized to issue, in
each of which shall be recorded the names of all applicants for such
licenses, the place at which the applicant is permitted to conduct the
business authorized, if the license is for such purpose, otherwise the
place of business or residence of the applicant, and the date of issuance
of the license, all of which shall be public and open to the inspection
of any citizen; he shall also keep all statements and affidavits
furnished him in his office for public reference and the convenience of
the officers of such city. (RSMo 1939 § 7730)

Prior revisions: 1929 § 7582; 1919 § 8992; 1909 § 9843

1. Beginning January 1, 1998, the license collector of the city
of St. Louis shall receive a salary of fifty-eight thousand three hundred
dollars per year and beginning January 1, 1999, the license collector of
the city of St. Louis shall receive a salary of sixty-four thousand one
hundred thirty dollars, payable as provided in section 82.395. Beginning
January 1, 2000, the compensation of the license collector of the city of
St. Louis may be annually increased by an amount equal to the annual
salary adjustment for employees of the city of St. Louis as approved by
the board of aldermen of such city.

2. The license collector may appoint one chief deputy, and one assistant
deputy license collector, either of whom, in the absence for any cause of
the license collector, may perform all the duties of the license
collector. The license collector may appoint a cashier, an assistant
cashier, a secretary and such other clerks, account clerks and inspectors
as are required by the license collector to properly and efficiently
perform the duties of the license collector's office when such positions
are approved by the board of aldermen of such city.

3. The salaries and compensation of the employees enumerated in
subsection 2 of this section shall be payable as provided in section
82.395.

4. The license collector, deputy license collector and clerks may
administer oaths in the transaction of the business of the office. The
license collector and the license collector's sureties are responsible
for the official acts of all employees appointed by the license
collector. (L. 1947 V. II p. 306 § 1, A.L. 1949 p. 379, A.L. 1951 p. 341,
A.L. 1957 p. 247, A.L. 1965 p. 194, A.L. 1969 p. 144, A.L. 1978 H.B. 1121
& 1257, A.L. 1983 S.B. 250, A.L. 1987 S.B. 65, et al., A.L. 1992 H.B.
1228, A.L. 1997 S.B. 11, A.L. 1999 H.B. 748)

1. The license collector of the city of St. Louis shall collect,
deduct and retain for collecting all revenues, taxes, licenses and other
dues which he is or may be authorized to collect for the state, city and
school, in the same manner as is provided for the collector of revenue,
fees in the amount prescribed under section 82.650. The license collector
shall pay his salary, and all salaries, clerical hire and other expenses
of his office, out of the fees so collected, deducted and retained by him
pursuant to this section, anything to the contrary notwithstanding.

2. In the event that the fees so collected, deducted and retained by the
license collector of the city of St. Louis out of the amounts so
collected for state, city and school are insufficient to pay and
discharge, in full, the amount required and necessary for all salaries,
clerical hire and other expenses and costs of the office, the deficiency
shall be paid by the state, city and school, respectively, out of the
undistributed collected moneys in the license collector's hands due the
state, city and school, respectively, in proportion that the moneys so
collected for each bears to the total amount so collected for all, as
such amounts shall be reflected in and by the settlement made annually on
the first Monday in June, and for the purposes of paying and discharging
such deficiency, the license collector shall deduct and retain out of
such undistributed collected taxes, the proportionate amounts, and use
same to pay and discharge such deficiency. Nothing in this section shall
be construed as repealing the law requiring the license collector to
deposit weekly in the city treasury, all moneys collected for the city,
nor the law requiring him to deposit, weekly, with the state treasurer,
all revenue collected for the state.

3. The license collector, under this section, shall keep at all times in
his office a notary public, who shall administer oaths and take notarial
acknowledgments in connection with such office without charge. (L. 1992
H.B. 1228)

Effective 6-19-92

The license collector of the city of St. Louis shall make
settlement annually on the first Monday in June and at the expiration of
his term of office, with the treasurer of the city, for all fees so
collected, deducted and retained by him, as provided in section 82.395;
and all fees so collected, deducted, and retained shall be computed for
the year or part of the year next preceding the dates of such settlement.
The license collector shall present for allowance proper vouchers for all
disbursements made by him on account of all salaries, clerical hire and
other expenses of his office, and other costs of collecting all revenues,
taxes, licenses and other dues which he is or may be authorized to
collect for the state, city and school, which shall be allowed and
credited to him as against the fees so collected, deducted and retained
by him. If the residue of such fees in the hands of the license collector
after the annual settlement exceed two times the amount of the previous
year's disbursement for all salaries, clerical hire and other expenses of
his office, such excess shall be paid into the treasuries of the state,
city and school in proportion that the amount of revenue so collected for
each bears to the total amount so collected for all, as such amounts
shall be reflected in and by the settlement made annually on the first
Monday in June. (L. 1992 H.B. 1228)

The said license collector shall, on Monday of each week, pay to
the treasurer of such city all moneys received by him for licenses and
license tax; said treasurer shall issue duplicate receipts therefor, one
of which he shall deliver to the license collector, the other to the
auditor of such city. (RSMo 1939 § 7734)

Prior revisions: 1929 § 7586; 1919 § 8996; 1909 § 9847

Every person, firm, association or corporation shall owe to the
license collector all and every duty now due by law or ordinance to the
city collector of the revenue or to the license commissioner, or other
city officer of such city, with respect to the assessment, levy, issue,
transfer or revoking of licenses, or license taxes, for any purpose
whatever; all and every duty of said city collector, license commissioner
and other officer of such city imposed by law or ordinance with respect
to the assessment, levy, issue, transfer or revoking of licenses or
license taxes for any purpose whatever is hereby transferred to the
office of license collector created by sections 82.310 to 82.410. (RSMo
1939 § 7731)

Prior revisions: 1929 § 7583; 1919 § 8993; 1909 § 9844

It shall be the duty of the mayor and municipal assembly or
council in all cities of three hundred thousand inhabitants or over, or
which may hereafter attain a population of three hundred thousand or
over, to establish and locate a market for the sale, at wholesale or
retail, of fruits, vegetables and other farm or dairy products. (RSMo
1939 § 7720)

Prior revisions: 1929 § 7572; 1919 § 8982; 1909 § 9833

Such mayor and municipal assembly shall, by ordinance, regulate
the business to be conducted and carried on in such market, and fix a
yearly rental to be charged for stands or stalls in the market. (RSMo
1939 § 7721, A.L. 1969 p. 145)

Prior revisions: 1929 § 7573; 1919 § 8983; 1909 § 9834

No city amenable to the provisions of sections 82.420 and 82.430,
now owning a public marketplace or public marketplaces, or which shall
hereafter acquire a public marketplace, shall be permitted to disburse or
use for other purposes any of the proceeds received from the sale or
disposition of such marketplace or marketplaces, unless such said city
shall have, prior thereto, acquired the necessary ground for the
establishment of a marketplace or marketplaces, as contemplated in said
sections 82.420 and 82.430, and which ground shall be of dimensions
commensurate with the requirements of said city, and not to exceed in
cost the sum of one million dollars, and unless said city shall, prior
thereto, have made provisions for the establishment and maintenance of a
marketplace or marketplaces on such grounds, as is contemplated in
sections 82.420 and 82.430. (RSMo 1939 § 7722)

Prior revisions: 1929 § 7574; 1919 § 8984; 1909 § 9835

In the event any city amenable to the provisions of sections
82.420 and 82.430 shall fail to provide a marketplace or marketplaces of
the dimensions set out in section 82.440, any corporation composed of
five or more residents of this state, organized under the laws of the
state of Missouri, for the purpose of establishing a market or markets,
as contemplated by said section 82.420, shall have the power to condemn
lands or other property, or any interest therein, to the amount set out
in section 82.440, for use by it in establishing and maintaining such
marketplace or marketplaces, in the same manner and with like effect as
provided in sections 523.010 to 523.100, RSMo. (RSMo 1939 § 7723)

Prior revisions: 1929 § 7575; 1919 § 8985; 1909 § 9836

Any city having a population of three hundred thousand or more
shall have the exclusive right to regulate the use of gates on streetcars
operated in said city, and shall have the exclusive right to regulate
passengers in getting on or off said streetcars. (RSMo 1939 § 7724)

Prior revisions: 1929 § 7576; 1919 § 8986; 1909 § 9837

1. A municipal planning and zoning authority shall not issue any
zoning permit, rezoning permit, conditional use permit, or other zoning
authorization which is required by municipal ordinance for the placement
of a substance abuse treatment facility unless the applicant for such
permit provides evidence that he has provided written notification of the
proposed placement of the facility to the owner or owners of property
located within one hundred eighty-five feet of the boundaries of the
property on which the treatment facility is located.

2. The division of alcohol and drug abuse of the department of mental
health shall promulgate rules and regulations to implement the provisions
of this section. Such rules and regulations shall provide that the
division may revoke the certification of a facility certified pursuant to
section 376.779, RSMo, and section 630.655, RSMo, if the operator of the
facility does not provide evidence of compliance with this section. A
person who commences operating a substance abuse treatment facility which
is not certified pursuant to section 376.779, RSMo, and section 630.655,
RSMo, without complying with the provisions of this section shall incur a
civil penalty of one hundred dollars per day of violation and each
successive day of violation shall constitute a separate violation.

3. The provisions of this section shall apply only to substance abuse
treatment facilities located in a city with a population over three
hundred fifty thousand which is partly located in a first class charter
county. (L. 1990 S.B. 728 § 2)

Any constitutional charter city in this state of more than seven
hundred thousand population may rent, lease and improve property, or
acquire property by gift, purchase, exchange, or by the exercise of the
power of eminent domain in the manner provided by law for the
condemnation of land, except residential property, for street purposes in
such municipality, and may construct, install or equip buildings and
facilities thereon for parking motor vehicles, and may lease such
property and facilities to others for parking motor vehicles, and may
authorize the making of a charge for the use of such property and
facilities for such purpose; provided, however, such municipality shall
not dispense or furnish or allow any lessee or occupant to dispense or
furnish, upon or in connection with any property or facility acquired or
operated pursuant to this section any product or service other than the
parking of motor vehicles; and provided further, that the city shall
advertise for competitive bids before renting or leasing property for the
purpose of parking motor vehicles and shall rent or lease such property
to the highest bidder. (L. 1949 p. 556 § 7411c)

(1954) Enactment of RSMo §§ 82.470 and 82.480 did not amend the charter
of St. Louis City in contravention of Article VI, § 32, of the
Constitution. Petition of City of St. Louis, 364 Mo. 700, 266 S.W.2d 753.

(1958) Suit by taxpayer against city and city officials to enjoin them
from carrying out city ordinances authorizing acquisition of realty and
issuance of revenue bonds for off-street parking facilities and for a
declaratory judgment that ordinances were unconstitutional dismissed as
plaintiff had complete and adequate remedy in the condemnation
proceedings. Glueck Realty Co. v. City of St. Louis (Mo.), 318 S.W.2d 206.

1. Any such constitutional charter city is empowered to finance
and pay for the planning, designing, acquisition, construction, equipment
and improvement of property for parking motor vehicles by any one or
combination of the following methods:

(1) General revenue funds, including any proceeds derived from the
leasing of the parking facilities;

(2) General obligation bonds within legal debt limitations;

(3) Negotiable interest-bearing revenue bonds, the principal and interest
of which shall be payable from the revenues derived by such municipality
from the leasing of the parking facilities, and when the existing
facility is located within five hundred feet of a municipally owned and
operated auditorium and convention hall, then the interest and principal
of the bonds may be payable from any parking meter receipts or revenues
from municipal parking meters located on any streets or facility and
designated by ordinance to be used for that purpose, which proceeds or
any part thereof may be pledged by the city to the retirement of
negotiable interest-bearing bonds, which revenue bonds may be issued and
sold by the municipality when authorized by the legislative authority of
the city;

(4) Special benefit assessments, equal to the total cost of land and
improvements or only a portion thereof, to be assessed against benefited
property in proportion to the benefit derived, to be paid entirely or in
such installments and at such rate of interest as the legislative
authority of any such city may prescribe.

2. The benefit assessments shall be determined in accordance with
established local special assessment practice after proper notice and
hearing, subject to the approval of the legislative authority of the
city. (L. 1949 p. 556 § 7411d, A.L. 1967 p. 160)

(1954) Ordinance authorizing bonds under this section was not violative
of St. Louis City Charter provision which required assent of the voters
for bonded indebtedness because such bonds are not obligations of the
taxpaying public. Petition of City of St. Louis, 364 Mo. 700, 266 S.W.2d
753.

(1960) Funds of city derived from onstreet parking meters held properly
used as a means of financing offstreet parking facilities. Automobile
Club of Missouri v. City of St. Louis (Mo.), 334 S.W.2d 355.

1. The treasurer of any city not within a county is hereby made
and constituted supervisor of parking meters.

2. It shall be the duty of the supervisor of parking meters to install
parking meters, collect all parking meter fees, supervise the
expenditures for repairs and maintenance, establish and supervise a
parking enforcement division and a parking meter division to enforce any
statute or ordinances now or hereafter established pertaining to the
parking of motor vehicles, including automated zone parking and all other
parking functions, and to make all disbursements on any parking
contracts, including employment, consulting, legal services, capital
improvement and purchase of equipment and real property which may
hereafter be made by such cities, subject to audit in the manner provided
by state statute.

3. The supervisor of parking meters shall establish and maintain a
parking meter fund and any other funds therein which the supervisor of
parking meters determines to be necessary, including debt service funds
and capital improvement funds for purposes including, but not restricted
to, the construction of off-street parking facilities and supervising and
directing the financing of such projects. The supervisor of parking
meters of such city may issue revenue bonds and pledge parking division
and other revenues and assets, including real property and future income,
for the purpose of capital improvements and debt service. The parking
meter fund shall be the sole depository for all parking revenue derived
from parking fees, fines, penalties, administrative costs and booting or
any other revenues derived from the efforts of the employees of the
supervisor of parking, including the parking meter division or parking
violation enforcement division.

4. The supervisor of the parking meters shall each year submit for
approval to the board of aldermen, having first been reviewed by the
parking commission, an operating budget projecting revenues and expenses
for the fiscal year beginning July 1, 1990, and for each fiscal year
thereafter. The parking commission, which shall consist of the supervisor
of parking meters as chairperson, the chairperson of the aldermanic
traffic committee, the director of streets, the comptroller and the
director of the parking meter operations, shall approve parking policy as
necessary to control public parking, shall set rates and fees to ensure
the successful operation of the parking division, and require a detailed
accounting of parking division revenues from any agent or agency, public
or private, involved in the collection of parking revenues. The
supervisor of parking meters shall draw upon the parking meter fund
annually a portion of such fund according to the parking meter division's
operating budget to pay any debt obligations, salaries, contracts,
expenditures for repairs and maintenance, and make any capital
improvements, and a portion of such fund shall at the end of each fiscal
year then be transferred to the general fund of the city. The transfer to
the general fund shall be no more than forty percent of the parking meter
fund's net change in the fund's balance after all payments for capital
improvements and debt service have been made. (L. 1951 p. 347 §§ 1, 2,
A.L. 1990 H.B. 1716, A.L. 1992 H.B. 1228, A.L. 1999 S.B. 19)

1. The parking commission of any city not within a county shall
be the city's authority for overseeing public parking, including planning
and coordinating policies, programs and operations for any parking
facility or spaces owned in whole or part, leased or managed by the
parking division. On behalf of the city, the parking commission shall
approve:

(1) Guidelines governing the administrative adjudication, disposition and
collection of any parking violations or complaints issued by the city;

(2) Budget modifications for the parking fund, also known as the "parking
meter fund"; and

(3) The acquisition, development, regulation and operation of such
parking facilities or spaces owned in whole or in part, leased or managed
by the parking division.

2. The treasurer of any city not within a county shall be the parking
supervisor, also known as the "supervisor of parking meters", for any
parking facility or space owned in whole or part, leased or managed by
the city parking division, and by virtue of his office, shall be subject
to the oversight and authorized funding in whole or in part, by the
parking commission:

(1) Establish joint public-private parking ventures;

(2) Supervise the acquisition, development and operation of parking
division properties or facilities owned by title or funded in whole or in
part, leased or managed by the parking division;

(3) Make and pay contracts and other obligations;

(4) Supervise any other on-street and off-street parking programs and
assets;

(5) Shall provide the comptroller with monthly reports of all parking
revenues collected by the city; and

(6) Make biannual installment payments of the annual general fund
transfer subject to the parking commission's approval and provide the
comptroller and treasurer with monthly reports of all parking revenues
collected by the city.

3. Nothing in this section shall be construed as limiting or altering the
powers and duties of the license collector of the city prescribed in
section 82.340, and the exclusive authority to issue licenses and
receipts for license taxes shall remain with and be exercised by the
license collector.

4. Nothing in this section shall be construed as limiting or altering the
powers and duties of the city's collector of revenue as provided in
section 52.220, RSMo. (L. 1994 S.B. 567, A.L. 1999 S.B. 19)

In all cities in this state now or hereafter having six hundred
thousand inhabitants or more, and in all cities in this state not within
a county, but constituting both a political subdivision and a city in its
corporate capacity, the city treasurer shall be commissioned by the
mayor, and shall serve for the term or period in such commission fixed
and thereafter until his successor is duly elected or appointed and
qualified. In the event of a vacancy in the office of city treasurer,
arising from any cause, such vacancy shall be filled by appointment by
the mayor, and the city treasurer so appointed shall serve until the
first Monday in January next following the date of the election of his
successor, and thereafter until his successor is qualified. (RSMo 1939 §
7781)

Before entering upon his official duties the city treasurer shall
enter into a good and sufficient bond, approved by the city comptroller,
in the penal sum of three hundred thousand dollars, conditioned upon the
faithful performance of the duties of his office and the accounting for,
according to law, of all public funds coming into his hands as such city
treasurer. (RSMo 1939 § 7782)

The city treasurer shall perform such duties as are, or may be,
required of him by the general laws of this state, and such duties as
are, or may be, required of him by any ordinance or ordinances of any
such city not inconsistent or in conflict with any such general law.
(RSMo 1939 § 7783)

The treasurer of any city not within a county shall enter upon
the duties of the office of supervisor of parking meters immediately upon
taking the oath of the elected office of treasurer. (L. 1951 p. 347 § 3,
A.L. 1990 H.B. 1716)

For such services as supervisor of parking meters, the city
treasurer may receive the sum of sixteen thousand dollars per year from
the parking fund, as approved by the parking commission. (L. 1951 p. 347
§ 4, A.L. 1955 p. 306, A.L. 1994 S.B. 567)

Beginning January 1, 1998, the salary of the city treasurer shall
be, in addition to the amount provided by section 82.516, fifty-three
thousand nine hundred dollars per annum and beginning January 1, 1999,
the salary of the city treasurer shall be, in addition to the amount
provided by section 82.516, fifty-nine thousand two hundred ninety
dollars per annum. Beginning January 1, 2000, the compensation of the
city treasurer may be annually increased by an amount equal to the annual
salary adjustment for employees of the city of St. Louis as approved by
the board of aldermen. The salary of the city treasurer, and the salaries
of the treasurer's deputies, clerks, and assistants, shall be paid out of
the city treasury, in equal semimonthly installments. (RSMo 1939 § 7784,
A.L. 1978 H.B. 1121 & 1257, A.L. 1987 S.B. 65, et al., A.L. 1997 S.B. 11,
A.L. 1999 H.B. 748)

The city treasurer may appoint such deputies, assistants and
clerks as he may by ordinance be authorized to appoint, and who shall
receive salaries as may be fixed by ordinance of any city to which this
chapter applies. (RSMo 1939 § 7785)

There shall be an assessment division in any constitutional
charter city not situated within a county which shall consist of the
assessor and such deputy assessors and employees as may be provided by
ordinance. (L. 1945 p. 1859 § 3, A. 1949 H.B. 2032)

An assessor shall be appointed at the convenience of the mayor
and shall hold office for the term for which the mayor was elected and
until his successor is duly qualified. (L. 1945 p. 1859 § 2)

The assessor shall have the qualifications provided with regard
to the mayor; receive such salary as may be fixed by the charter or by
ordinance; and before entering upon the duties of his office shall take
an oath similar to that required by law of county assessors. He shall be
the head of the assessment division; appoint the deputy assessors and
employees in his division; preserve all maps, plats, books and papers
belonging to said division; cause all plats to be prepared, altered and
corrected as required by law; receive lists, statements or returns of
property; and furnish blanks and information to those desiring to appeal
to the board of equalization. (L. 1945 p. 1859 § 4)

In all cities in this state not in any county, all the costs and
expenses of the assessor of such city or cities, in making the
assessments and in the preparation of abstracts of assessment lists and
tax bills provided by law, shall be allowed and paid by such city or
cities in the same manner as other demands against such city or cities
are allowed and paid; and when the aggregate of such costs and expenses
for each year shall have been ascertained, the comptroller of such city
or cities shall certify same to the director of revenue. After
certification by the commissioner of administration, the director of
revenue shall certify the claims for payment, and warrant upon the state
treasurer shall be issued to the treasurer of such city or cities
submitting such certificate for one-half of said sum; provided further,
that in all cities in this state not in any county the assessor shall
perform the duties now performed by county clerks in extending taxes on
the assessment books and such other services pertaining thereto. (RSMo
1939 § 10997, A.L. 1945 p. 1782 § 9)

Prior revision: 1929 § 9807

Each deputy assessor shall take the same oath as the assessor and
shall have the same powers, subject to his control, and shall have been a
resident of the city for five years next before appointment. (L. 1945 p.
1859 § 5)

The assessor and his deputies before entering upon their duties
shall give bond to the state; the assessor for twenty thousand dollars
and the deputies each for five thousand dollars, or such other sums as
may be fixed by ordinance. Each bond shall be executed in duplicate; the
original thereof shall be deposited and filed in the office of the
secretary of state, and the duplicate copy, which shall be so marked,
shall be deposited and filed in the office of the city comptroller. (L.
1945 p. 1859 § 6)

Other provisions of law to the contrary notwithstanding,
beginning January 1, 1998, the collector of revenue in a city not within
a county shall receive an annual salary of seventy thousand four hundred
dollars and beginning January 1, 1999, the collector of revenue in a city
not within a county shall receive an annual salary of seventy-seven
thousand four hundred forty dollars. Beginning January 1, 2000, the
compensation of the collector of revenue in a city not within a county
may be annually increased by an amount equal to the annual salary
adjustment for employees of such city as approved by the board of
aldermen of such city. Such salary shall be paid out of the city
treasury, in equal semimonthly installments, and shall be in lieu of all
other amounts otherwise provided by law. (L. 1987 S.B. 65, et al., A.L.
1997 S.B. 11, A.L. 1999 H.B. 748)

1. For his services in collecting any earnings tax imposed by the
city under provisions contained in its charter, the collector of revenue
in any constitutional charter city not within a county shall receive the
sum of eight thousand five hundred dollars annually in addition to the
compensation otherwise provided by law.

2. The compensation provided by this section shall be paid semimonthly in
equal installments. (L. 1957 p. 246, A.L. 1969 p. 146)

The city treasurer in any constitutional charter city in this
state with more than six hundred thousand population shall annually
compile and send to the treasurer of the state of Missouri a financial
report showing the investments and deposits of such city on which
interest or dividends are earned and the rate and total amount of such
interest or dividends. (L. 1969 p. 146 § 1, A.L. 1987 S.B. 65, et al.)

Effective January 1, 1976, the collector shall appoint such
deputies, assistants, and clerks as he may by ordinance be authorized to
appoint and who shall receive salaries fixed by ordinance of any
constitutional charter city not located within a county. Salaries shall
be paid out of the fees collected, deducted and retained as provided by
sections 82.650 and 82.670. The term of office of each of the appointees
shall be at the pleasure of the said collector but not to exceed the term
of office of said collector of revenue. (L. 1945 p. 1311 § 2, A.L. 1947
V. II p. 298, A.L. 1951 p. 351, A.L. 1963 p. 132, A.L. 1965 p. 196, A.L.
1975 S.B. 317, A.L. 1976 S.B. 723)

In addition to the above designated appointees, the collector of
revenue is authorized to appoint and employ such additional temporary
clerical help as may be authorized by the comptroller of the city. (L.
1945 p. 1311 § 4, A.L. 1947 V. II p. 298, A.L. 1949 p. 376, A.L. 1951 p.
351, A.L. 1957 p. 246, A.L. 1963 p. 132, A.L. 1965 p. 196)

The deputy collectors shall, before taking office, take and
subscribe an oath or affirmation to support the constitutions of the
United States and of the state of Missouri, and to demean themselves
faithfully in office; and, each of said designated deputy collectors
shall be required to give bond and security to the state of Missouri, in
the amount required by and to the satisfaction of and to be approved by
the collector, in a sum not to exceed two thousand five hundred dollars
each, conditioned that he will faithfully account for all moneys coming
into his hands as such deputy collector, all of which said bonds shall be
deposited and remain in the office of the city register of such city. (L.
1945 p. 1311 § 5)

The collector of revenue shall collect, deduct and retain for
collecting all revenues, taxes, licenses and other dues which he is or
may be authorized to collect for the state, city and school the following
fees, viz: On current tax revenues, on all sums collected one and
one-half percent; on licenses and all other dues, except delinquent and
back taxes collected in any one year, as follows: When the amount
collected for the city aggregates eight hundred thousand dollars or less,
two and one-half percent; on all licenses and other dues collected for
the city in excess of eight hundred thousand dollars, four percent; on
all such licenses collected for the state, three percent. All such fees
herein enumerated shall be deducted and retained by such collector out of
the amount collected for state, city and school, respectively, and upon
settlement with such collector shall be credited to his account and
charged against the respective revenue accounts. On all back taxes, and
on all other delinquent taxes, the collector shall charge a fee of two
percent which shall be added to the face of the tax bill and collected
from the party paying such tax as a penalty in the same manner as other
penalties are collected and enforced. The collector of revenue shall pay
his salary, and all salaries, clerical hire and other expenses of his
office, out of the fees so collected, deducted and retained by him as
aforesaid. (L. 1945 p. 1311 § 6, A.L. 1947 V. II p. 298)

The collector of revenue shall make settlement annually on the
first Monday in March and at the expiration of his term of office, with
the comptroller of the city, for all fees so collected, deducted and
retained by him, as aforesaid; and all fees herein so collected,
deducted, and retained as aforesaid, shall be computed for the year or
part of the year next preceding the dates of such settlement. Said
collector shall present for allowance proper vouchers for all
disbursements made by him on account of all salaries, clerical hire and
other expenses of his office, and other costs of collecting the revenue,
which shall be allowed and credited to him as against the fees so
collected, deducted and retained by him as aforesaid, and the residue of
such fees in his hands after deducting said allowances and credits shall
be paid into the treasuries of the state, city and school in proportion
that the amount of revenue so collected for each bears to the total
amount so collected for all, as such amounts shall be reflected in and by
the said settlement made annually on the first Monday in March. (L. 1945
p. 1311 § 7)

In the event that the fees so collected, deducted and retained by
the collector out of the amounts so collected for state, city and school
are insufficient to pay and discharge, in full, the amount required and
necessary for all salaries, clerical hire and other expenses and costs of
collecting the revenue, the deficiency shall be paid by the state, city
and school, respectively, out of the undistributed collected taxes in the
collector's hands due the state, city and school, respectively, in
proportion that the amount of revenue so collected for each bears to the
total amount so collected for all, as such amounts shall be reflected in
and by the said settlement made annually on the first Monday in March;
and for the purpose of paying and discharging such deficiency, the
collector shall deduct and retain out of such undistributed collected
taxes, the said proportionate amounts, and use same to pay and discharge
said deficiency; provided, that the comptroller of the city may
reasonably limit the expenditures of said office and the cost of
collecting the revenue; provided, further, that nothing in this section
contained shall be construed as repealing the law requiring the collector
to deposit, daily, in the city treasury, all moneys collected for the
city, nor the law requiring him to deposit, weekly, with the state
treasurer, all revenue collected for the state. The collector of the
revenue, under this section, shall keep at all times in his office a
notary public, who shall administer oaths and take notarial
acknowledgments in connection with such office without charge. (L. 1945
p. 1311 § 8)

All fees, commissions or other compensation heretofore charged,
received or allowed by or to any such collector, as compensation for his
services, either under or by virtue of state law, the charter of such
city, or otherwise, are hereby abolished. (L. 1945 p. 1311 § 9)

All moneys required to be paid out of the county treasuries of
the different counties of this state by section 58.570, RSMo, shall, in
the city of St. Louis, be paid out of the city treasury of said city.
(RSMo 1939 § 15743)

Prior revision: 1929 § 14795

All acts and parts of acts which provide for the performance of
any duty or trust by any county commission in this state shall also
include the municipal assembly, and the mayor and comptroller of the city
of St. Louis. (RSMo 1939 § 15744)

Prior revision: 1929 § 14796

All laws providing for the performance of any duty, service or
trust, by any county clerk, shall apply to the register of the city of
St. Louis, as if such officer was specially named in such law, acts, or
parts of acts. (RSMo 1939 § 15746)

Prior revision: 1929 § 14798

Because of the additional duties which have been imposed on the
circuit clerk, license collector, sheriff, collector of revenue,
treasurer, and recorder of deeds in cities not within a county by such
cities, the board of aldermen of any such city, upon the approval of the
board of estimate and control of any such city, may pay such officials an
additional sum in an amount to be determined by the board. The additional
compensation allowed under this section shall be in addition to other
compensation provided by law for such officials and shall be paid in the
same manner as such other compensation. (L. 1983 S.B. 250 § 1, A.L. 1987
S.B. 65, et al.)

Effective 1-1-88

Every city now having or which may hereafter have a population of
five hundred thousand or more inhabitants shall have authority and is
hereby empowered to condemn for public use property, real or personal, or
any easement or use therein, without such city. (RSMo 1939 § 7753)

Prior revision: 1929 § 7605

Condemnation proceedings as provided for in section 82.790 shall
be brought in the county where the property, real or personal, or any
easement or use therein, to be condemned or the greater part thereof is
situated. Such proceedings shall be prosecuted in the same manner and
with the same effect as those used by the county in the condemnation of
lands for similar purposes. In the absence of such procedure the
proceedings shall be prosecuted in the same manner as is now or may
hereafter be provided by law for the condemnation of lands for telegraph,
telephone and other purposes. (RSMo 1939 § 7754)

Prior revision: 1929 § 7606

When any building or part thereof, tower, retaining wall, fence
wall, smokestack or other similar structure, situated in a city having
five hundred thousand inhabitants shall be found by the division of
building and inspection, of such city, to be in a condition such as to
endanger the lives of persons or likely to cause immediate injury to
other property and when the owner, lessee, or both of such property shall
have been notified in writing by the building commissioner or other
legally authorized officer, upon whom is imposed the duty of condemning
buildings, to remove, repair or otherwise secure such building, tower,
retaining wall, fence wall, smokestack, or other similar structure and
when such building cannot, by use of reasonable means, be removed,
properly repaired or otherwise secured without having access to and upon
the land, building or premises of an adjoining owner, the owner or lessee
shall at least three days before the proposed work is to be commenced,
notify the owner or lessee of such adjoining property, in writing, that
in order to remove, repair or secure such building or structure it will
be necessary for him to enter and temporarily occupy his or their
premises, such notice shall state the character of the work to be done;
the probable time required for its completion; the part of the land,
building or premises proposed to be occupied; the use to be made thereof,
together with a true copy of the notice served upon him by the building
commissioner or other legally authorized official. If upon the receipt of
such notice, the owner, lessee or both, of such adjoining premises shall
refuse to permit the entrance and temporary occupancy of his or their
premises, for said purposes, the person or persons desiring the entrance
and occupancy thereof shall file a duly verified petition in the circuit
court containing a statement of facts showing a compliance with the
provisions of this section, together with an accurate description of the
work necessary to be done; the time reasonably required to do it; the
manner in which the premises are to be occupied, a description of the
land, building and premises proposed to be occupied. If it shall be made
to appear to the satisfaction of the court that an entrance and temporary
occupancy of the premises of the adjoining landowner is necessary to
protect the safety of persons or property, the court shall, upon the
execution by the plaintiff or some responsible person for him of a bond
with sufficient surety or sureties to such adjoining property owner, or
lessee, in such sum as the court or judge shall deem sufficient to fully
secure to such adjoining property owner, or lessee, the payment of any
damages that may be occasioned by such entry and occupancy and pay all
cost of such proceedings. The court shall at once cause a summons to be
issued and served upon the owner, lessee or both, of such adjoining land,
building or premises, requiring him or them to show cause, if any they
have, at a designated time within five days, why he or they should not be
required to permit such entrance and occupancy of the land, building or
premises in question. If the adjoining property owner, or lessee or both,
shall fail to show good cause why permission should not be granted, an
injunction shall issue commanding the owner, lessee or both, of such
adjoining premises to permit the entry and temporary occupancy for a
definite length of time, to be therein specified, as the court may find
to be necessary, by the exercise of reasonable diligence, to remove,
repair or otherwise place the structure in question in a safe condition.
The proceedings for the enforcement of this section, not herein
specifically provided for, shall be in accordance with the provisions of
chapter 526, RSMo, relating to injunctions. (RSMo 1939 § 7746)

Prior revision: 1929 § 7598

In any city having a population of over five hundred fifty
thousand inhabitants, the governing body by order entered of record may
authorize all city and county offices, except the sheriff's office, to be
open not more than five days each week. The board of aldermen, after
entering such an order, may require any office to be open six days a week
when public convenience requires. (L. 1971 H.B. 239 § 1)

1. All owners of real estate within any city not within a county
living outside such city not within a county must designate an agent to
accept service of process for any violation of city building or occupancy
codes or other city ordinances. The agent's name and address must be
registered in the city assessor's office by January 1, 1991, and any
changes must be reregistered by the owner thereof within thirty days
after any such change is made. Service of process upon this agent,
including service of process by registered mail as authorized pursuant to
section 506.150, RSMo, shall be deemed service of process upon the owner.
No agent, unless he is the owner of the property, shall be liable for
housing code violations relating to the property.

2. Any violation of the provisions of this section is a class B
misdemeanor. (L. 1990 S.B. 728 § 5, A.L. 2000 S.B. 894)

(2002) Senate Bill 894 provision declared unconstitutional as a violation
of the clear title requirement of Art. III, Section 23. Home Builders of
Greater St. Louis v. State, 75 S.W.3d 267 (Mo.banc).

1. As used in this section, the following terms mean:

(1) "Food", all products commonly used for meals or drinks, including
alcoholic beverages;

(2) "Food establishment", any cafe, cafeteria, lunchroom, or restaurant
which sells meals or drinks to the public;

(3) "Gross receipts", the gross receipts from sales of meals or drinks
prepared on the premises and delivered to the purchaser (excluding sales
tax);

(4) "Museum", any museum dedicated to the preservation of the history of
the westward expansion movement of the United States by covered wagon,
train, water, or similar means of transportation, and which is or was
owned by this state on the effective date of the tax authorized in this
section, and which is operated by the city or any other person;

(5) "Person", any individual, corporation, partnership, or other entity;

(6) "Tourism-related activities", those activities commonly associated
with the development, promotion, and operation of tourism and related
facilities for the city, including historic preservation.

2. The city council of any home rule city with more than one hundred
thirteen thousand two hundred but less than one hundred thirteen thousand
three hundred inhabitants and any home rule city with more than
forty-five thousand five hundred but fewer than forty-five thousand nine
hundred inhabitants and partially located in any county of the first
classification with more than one hundred four thousand six hundred but
fewer than one hundred four thousand seven hundred inhabitants may impose
a tax on the gross receipts derived from the amount of sales or charges
for all meals and drinks furnished by every person operating a food
establishment situated in the city or a portion thereof. The tax
authorized in this section may be imposed in increments of one-eighth of
one percent, up to a maximum of two percent of such gross receipts.
One-half of any such tax imposed under this section shall be used solely
for the development, promotion, and operation of a museum. Such tax shall
be in addition to all other sales taxes imposed on such food
establishments, and shall be stated separately from all other charges and
taxes. Such tax shall not become effective unless the city council, by
order or ordinance, submits to the voters of the city a proposal to
authorize the city council to impose a tax under this section on any day
available for such city to hold municipal elections or at a special
election called for the purpose.

3. The ballot of submission for the tax authorized in this section shall
be in substantially the following form:

Shall ...... (insert the name of the city) impose a tax on the gross
receipts derived from the sales of meals or drinks at any food
establishment situated in ...... (name of city) at a rate of ......
(insert rate of percent) percent for the sole purpose of providing funds
for the development, promotion, and operation of museum and
tourism-related activities and facilities, with ...... (insert rate of
percent) percent of such tax dedicated to museum purposes?

[ ] YES [ ] NO

If a majority of the votes cast on the question by the qualified voters
voting thereon are in favor of the question, then the tax shall become
effective on the first day of the second calendar quarter immediately
following notification to the department of revenue. If a majority of the
votes cast on the question by the qualified voters voting thereon are
opposed to the question, then the tax shall not become effective unless
and until the question is resubmitted under this section to the qualified
voters and such question is approved by a majority of the qualified
voters voting on the question.

4. The tax imposed under this section shall be known as the "Museum and
Tourism-Related Activities Tax". Each city imposing a tax under this
section shall establish separate trust funds to be known as the "Museum
Trust Fund" and the "Tourism-Related Trust Fund". The city treasurer
shall deposit the revenue derived from the tax imposed under this section
for museum purposes in the museum trust fund, and shall deposit the
revenue derived for tourism-related purposes in the tourism-related trust
fund. The proceeds of such tax shall be appropriated by the city council
exclusively for the development, promotion, and operation of museum and
tourism-related activities and facilities in the city.

5. All applicable provisions in chapter 144, RSMo, relating to state
sales tax, and in section 32.057, RSMo, relating to confidentiality,
shall apply to the collection of any tax imposed under this section.

6. All exemptions for government agencies, organizations, individuals,
and on the sale of certain tangible personal property and taxable
services granted under sections 144.010 to 144.525, RSMo, shall be
applicable to the imposition and collection of any tax imposed under this
section.

7. The same sales tax permits, exemption certificates, and retail
certificates required for the administration and collection of state
sales tax in chapter 144, RSMo, shall be deemed adequate for the
administration and collection of any tax imposed under this section, and
no additional permit, exemption certificate, or retail certificate shall
be required, provided that the director of the department of revenue may
prescribe a form of exemption certificate for an exemption from any tax
imposed under this section.

8. Any individual, firm, or corporation subject to any tax imposed under
this section shall collect the tax from the patrons of the food
establishment, and each such patron of the food establishment shall pay
the amount of the tax due to the individual, firm, or corporation
required to collect the tax. The city shall permit the individual
required to remit the tax to deduct and retain an amount equal to two
percent of the taxes collected. The city council may either require the
license collector of the city to collect the tax, or may enter into an
agreement with the director of the department of revenue to have the
director collect the tax on behalf of the city. In the event such an
agreement is entered into, the director shall perform all functions
incident to the collection, enforcement, and operation of such tax, and
shall collect the tax on behalf of the city and shall transfer the funds
collected to the city license collector, except for an amount not less
than one percent nor more than three percent, which shall be retained by
the director for the costs of collecting the tax. If the director is to
collect such tax, the tax shall be collected and reported upon such forms
and under such administrative rules and regulations as the director may
prescribe. All refunds and penalties as provided in sections 144.010 to
144.525, RSMo, are hereby made applicable to violations of this section.

9. It is unlawful for any person to advertise or hold out or state to the
public or to any food establishment patron, directly or indirectly, that
the tax or any part thereof imposed by this section, and required to be
collected by that person, will be absorbed by that person, or anyone on
behalf of that person, or that it will not be separately stated and added
to the price of the food establishment bill, or if added, that it or any
part thereof will be refunded. (L. 2005 H.B. 186)

1. In addition to forfeiture proceedings pursuant to sections
513.600 to 513.645, RSMo, the governing body of any constitutional
charter city having a population of more than one hundred thousand
inhabitants and located within a county of the first classification that
adjoins no other county of the first classification may enact ordinances
which would subject to forfeiture any motor vehicle operated by a person
with one or more prior convictions for an intoxication-related traffic
offense, as defined in section 577.023, RSMo, who is prohibited from
obtaining a license to operate a motor vehicle by the director of revenue
pursuant to subdivision (9) or (10) of section 302.060, RSMo, or who has
the person's license to operate a motor vehicle suspended or revoked, as
a result of a finding or a plea of guilty to:

(1) Any intoxication-related traffic offense as defined in section
577.023, RSMo; or

(2) Involuntary manslaughter as a result of operating a motor vehicle
while in an intoxicated condition as defined in section 565.024, RSMo.

Such forfeiture pursuant to this subsection shall only be allowed if such
person operates a motor vehicle while the person's license to operate a
motor vehicle is under such a suspension or revocation.

2. The ordinance allowing forfeitures pursuant to this section may also
provide for the impoundment and forfeiture of a motor vehicle operated by
any person who is classified as a prior offender or persistent offender
pursuant to section 577.023, RSMo, after the effective date of such
ordinance, except that a judgment of forfeiture may only be rendered if
there is a conviction of an intoxication-related traffic offense which
causes the owner of the motor vehicle to be classified as a prior or
persistent offender.

3. The ordinance allowing the forfeitures pursuant to this section may
also provide for the impoundment and forfeiture of a motor vehicle
operated by any person who has previously been convicted of two or more
intoxication-related traffic offenses, as defined in section 577.023,
RSMo, and who thereafter, pursuant to a chemical test conducted in
accordance with sections 577.020 to 577.041, RSMo, is determined upon
probable cause to have been driving a motor vehicle with a blood-alcohol
concentration equal to or greater than the blood-alcohol percentage
concentration specified in subsection 1 of section 302.520, RSMo, or any
such person who, pursuant to section 577.041, RSMo, has been requested to
submit to a chemical test as described pursuant to that section, and
refused to submit to such test.

4. All forfeiture proceedings pursuant to this section shall be conducted
in accordance with sections 513.600 to 513.645, RSMo, except the
forfeiture proceeding shall be brought by the city attorney for the city
which enacted such ordinances.

5. The ordinance shall also provide that any person claiming an ownership
interest in the motor vehicle subject to forfeiture shall have all the
defenses to the forfeiture proceeding available to them which they may be
entitled to raise pursuant to sections 513.600 to 513.645, RSMo. The
ordinance shall further provide that, in the event the title documents
registered with the department of revenue for the motor vehicle subject
to forfeiture, at the time of the action giving rise to the forfeiture
proceeding, list persons as owners or co-owners of the vehicle in
addition to or other than the operator, and the nonoperator owner of the
motor vehicle has not previously been the operator or the owner of, a
motor vehicle which has been the subject of a forfeiture proceeding
authorized by this section, the motor vehicle shall be returned to the
nonoperator registered owner and all costs associated with the seizure,
towing, storage and impoundment of the vehicle, and the payment of all
court costs and reasonable attorney fees associated with the forfeiture
proceeding shall be paid by the owners or the operator of the vehicle. To
be entitled to return of the vehicle all owners shall execute a written
agreement with the municipality stipulating and consenting to the seizure
and forfeiture of the motor vehicle in the event such motor vehicle is
subsequently operated by the same operator under circumstances which
would allow the municipality to seek forfeiture of such vehicle pursuant
to an ordinance authorized by this section. (L. 1993 S.B. 167 § 1, A.L.
1996 H.B. 1169 & 1271 merged with S.B. 722)

*Transferred 1994; formerly 66.730

(2004) Section authorizing city to enact forfeiture ordinance does not
supercede defenses allowed under Criminal Activity Forfeiture Act; a
felony conviction is therefore required before a motor vehicle can be
forfeited to the government. City of Springfield v. Gee, 149 S.W.3d 609
(Mo.App. S.D.).

1. In any county of the first classification with a charter form
of government and a population greater than nine hundred thousand, in any
county of the first classification with more than one hundred ninety-
eight thousand but fewer than one hundred ninety-nine thousand two
hundred inhabitants, in any county of the first classification with more
than seventy-three thousand seven hundred but fewer than seventy-three
thousand eight hundred inhabitants, in any county of the first
classification with more than ninety-three thousand eight hundred but
fewer than ninety-three thousand nine hundred inhabitants, in any home
rule city with more than one hundred fifty-one thousand five hundred but
fewer than one hundred fifty- one thousand six hundred inhabitants, in
any city not within a county and in any city with at least three hundred
fifty thousand inhabitants which is located in more than one county, a
parcel of property is a nuisance, if such property adversely affects the
property values of a neighborhood because the owner of such property
allows the property to be in a deteriorated condition, due to neglect,
violation of a county or municipal building code or standard,
abandonment, failure to repair after a fire, flood or some other damage
to the property or because the owner or resident of the property allows
clutter on the property such as abandoned automobiles, appliances or
similar objects. Any property owner who owns property within a reasonable
distance to a parcel of property which is alleged to be a nuisance may
bring a nuisance action against the offending property owner for the
amount of damage created by such property to the value of the
petitioner's property and court costs, provided that the owner of the
property which is alleged to be a nuisance has received notification of
the alleged nuisance and has had a reasonable opportunity, not to exceed
forty-five days, to correct the alleged nuisance. This section is not
intended to abrogate, and shall not be construed as abrogating, any
remedy available under the common law of private nuisance.

2. A nuisance action for injunctive relief may be brought by a
neighborhood organization, as defined in section 32.105, RSMo,
representing any person or persons who could maintain a nuisance action
under this section or under the common law of private nuisance. (L. 1994
H.B. 1115 § 1, A.L. 1995 H.B. 383, A.L. 1998 H.B. 977 & 1608, A.L. 1999
H.B. 103, A.L. 2005 H.B. 58)

CROSS REFERENCE: Nuisance abatement ordinances authorized for debris or
noxious weeds on property, effect of failure to remove nuisance, penalty,
RSMo 67.398

As used in sections 82.1027 to 82.1029, the following terms mean:

(1) "Local code violation", a violation under the provisions of a local
code of general ordinances of any home rule city with more than four
hundred thousand inhabitants and located in more than one county which
regulates fire prevention, animal control, noise control, property
maintenance, building construction, health and sanitation, and nuisances;

(2) "Neighborhood organization", an organization defined in section
32.105, RSMo;

(3) "Nuisance", within the boundaries of the community represented by the
neighborhood organization, an act or condition knowingly created,
performed, or maintained on private property that constitutes a local
code violation and that:

(a) Significantly affects the other residents of the neighborhood;

(b) Diminishes the value of the neighboring property; and

(c) Is injurious to public health, safety, or welfare of neighboring
residents or obstructs the reasonable use of other property in the
neighborhood. (L. 2005 H.B. 58 § 82.301)

Sections 82.1027 to 82.1029 apply to a nuisance located within
the boundaries of any home rule city with more than four hundred thousand
inhabitants and located in more than one county. (L. 2005 H.B. 58 §
82.302)

1. A neighborhood organization representing persons aggrieved by
a local code violation may seek injunctive and other equitable relief in
the circuit court for abatement of a nuisance upon showing:

(1) The notice requirements of this subsection have been satisfied; and

(2) The nuisance exists and has not been abated.

2. An action under this section shall not be brought:

(1) Until sixty days after the neighborhood organization sends notice of
the violation and of the neighborhood organization's intent to bring an
action under this section, by certified mail, return receipt requested,
to the appropriate municipal code enforcement agency;

(2) If the appropriate municipal code enforcement agency has filed an
action for equitable relief from the nuisance;

(3) Until sixty days after the neighborhood organization sends notice by
first class prepaid postage certified mail to the tenant, if any, and the
property owner of record that a nuisance exists and that legal action may
be taken if the nuisance is not abated. If the notice sent by certified
mail is returned unclaimed or refused, designated by the post office to
be undeliverable, or signed for by a person other than the addressee,
then adequate and sufficient notice may be given to the tenant, if any,
and the property owner of record by sending a copy of the notice by
regular mail and posting a copy of notice on the property where the
nuisance allegedly is occurring. The notice shall specify:

(a) The nature of the alleged nuisance;

(b) The date and time of day the nuisance was first discovered;

(c) The location on the property where the nuisance is allegedly
occurring; and

(d) The relief sought in the action.

3. In filing a suit under this section, an officer of the neighborhood
organization shall certify to the court:

(1) That the neighborhood organization has taken the required steps to
satisfy the notice requirements under this subsection; and

(2) That each condition precedent to the filing of the action under this
section has been met.

4. An action shall not be brought against an owner of residential rental
property unless, prior to giving notice under this section, a notice of
violation relating to the nuisance first has been issued by an
appropriate municipal code enforcement agency and remains outstanding
after a period of forty-five days.

5. (1) If a violation notice issued by an appropriate municipal code
enforcement agency is an essential element of the municipal enforcement
action, a copy of the notice signed by an official of the appropriate
municipal code enforcement agency shall be prima facie evidence of the
facts contained in the notice.

(2) A notice of abatement issued by the appropriate municipal code
enforcement agency in regard to the violation notice shall be prima facie
evidence that the plaintiff is not entitled to the relief requested.

6. A proceeding under this section shall:

(1) Be heard at the earliest practicable date; and

(2) Be expedited in every way. (L. 2005 H.B. 58 § 82.303)

1. Subject to subsection 2 of this section, sections 82.1027 to
82.1029 shall not be construed as to abrogate any equitable or legal
right or remedy otherwise available under the law to abate a nuisance.

2. Sections 82.1027 to 82.1029 shall not be construed as to grant
standing for an action:

(1) Challenging any zoning application or approval;

(2) In which the alleged nuisance consists of an interior physical defect
of a property; or

(3) Involving any violation of municipal alcoholic beverages law. (L.
2005 H.B. 58 § 82.305)

1. As used in this section, the following terms mean:

(1) "Community", any municipality as defined in this section;

(2) "Geographical information system", a computerized, spatial coordinate
mapping and relational database technology which:

(a) Captures, assembles, stores, converts, manages, analyzes, amalgamates
and records, in the digital mode, all kinds and types of information and
data;

(b) Transforms such information and data into intelligence and
subsequently;

(c) Retrieves, presents and distributes that intelligence to a user for
use in making the intelligent decisions necessary for sound management;

(3) "Municipality", any city with a population of three hundred fifty
thousand or more inhabitants which is located in more than one county.

2. The development of geographical information systems has not been
undertaken in any large-scale and useful way by private enterprise. The
use of modern technology can enhance the planning and decision making
processes of communities. The development of geographical information
systems is a time consuming and expensive activity. In the interest of
maintaining community governments open and accessible to the public,
information gathered by communities for use in a geographical information
system, unless properly made a closed record, should be available to the
public. However, access to the information in a way by which a person
could render the investment of the public in a geographical information
system a special benefit to that person, and not to the public, should
not be permitted.

3. Any community as defined in this section may create a geographical
information system for the community. The scope of the geographical
information system shall be determined by the governing body of the
community. The method of creation, maintenance, use and distribution of
the geographical information system shall be determined by the governing
body of the community.

4. The information collected or assimilated by a community for use in a
geographical information system shall not be withheld from the public,
unless otherwise properly made a closed record of the community as
provided by section 610.021, RSMo. The information collected or
assimilated by a community for use in a geographical information system
need not be disclosed in a form which may be read or manipulated by
computer, absent a license agreement between the community and the person
requesting the information.

5. Information collected or assimilated by a community for use in a
geographical information system and disclosed in any form, other than in
a form which may be read or manipulated by computer, shall be provided
for a reasonable fee, as established by section 610.026, RSMo. A
community maintaining a geographical information system shall make maps
and other products of the system available to the public. The cost of the
map or other product shall not exceed a reasonable fee representing the
cost to the community of time, equipment and personnel in the production
of the map or other product. A community may license the use of a
geographical information system. The cost of licensing a geographical
information system may reflect the:

(1) Cost to the community of time, equipment and personnel in the
production of the information in a geographical information system or the
production of the geographical information system;

(2) Cost to the community of the creation, purchase, or other acquisition
of the information in a geographical information system or of the
geographical information system; and

(3) Value of the commercial purpose, if any, for which the information in
a geographical information system or a geographical information system is
to be used.

6. The provisions of this section shall not hinder the daily or routine
collection of data, as defined in section 569.093, RSMo, from the
geographical information system by real estate brokers and agents, title
collectors, developers, surveyors, utility companies, banks, or mortgage
companies, nor shall the provisions allow for the charging of fees for
the collection of such data exceeding that allowed pursuant to section
610.026, RSMo. The provisions of this section, however, shall allow a
community maintaining a geographical information system to license and
establish costs for the use of the system's computer program and computer
software, as defined in section 569.093, RSMo.

7. A community distributing information used in a geographical
information system or distributing a geographical information system
shall not be liable for any damages which may arise from any error which
may exist in the information or the geographical information system. (L.
1995 H.B. 414 § 2)

1. Beginning January 1, 2001, any landlord who leases real
property located in any city with a population of more than four hundred
thousand inhabitants shall submit a registration form to the governing
body of such city pursuant to this section.

2. The registration form shall be developed by the governing body of such
city and shall contain:

(1) The name, personal address, business address and telephone numbers of
the landlord;

(2) The address of each property located in the city that is owned and
leased by the landlord; and

(3) The name, address and phone number of a person who will serve as a
legal representative of the landlord for purposes of receiving public
safety violations, code violations or other violations of any kind
involving the property listed pursuant to subdivision (2) of this
subsection. In the event no legal representative is named pursuant to
this subdivision, the landlord shall serve as his or her own legal
representative for purposes of this subdivision.

3. The city shall compile the registration forms submitted pursuant to
this section for the purposes of ensuring greater efficiency in
compliance with, and enforcement of, local public safety and code
regulations. On or before July 1, 2002, and on or before every July first
thereafter, the city shall issue a report to the governor, the speaker of
the house of representatives and the president pro tempore of the senate
as to the effectiveness of the compilation of the forms in ensuring
greater efficiency in compliance with, and enforcement of, public safety
and code regulations.

4. This section shall be of no force and effect on or after January 1,
2006. (L. 2000 H.B. 1238)

Expires 1-1-06

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