HomeMy WebLinkAboutOrd.3983.12-15-2008 BILL NO. 08-184 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU
REGARDING TAXICABS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . Chapter 15, Article VII, of the Code of
Ordinances of the City of Cape Girardeau, Missouri, entitled to
"Taxicabs" , reading as follows:
ARTICLE VII . Taxicabs .
Sec. 15-206 . License--Required; application, contents.
(a) License required. No person shall engage in,
operate, or conduct the business of carrying
passengers for hire in motor vehicles over
irregular routes in the city, commonly known as
the taxicab business, without a license
therefor.
(b) Application; contents. Any person desiring to
engage in the taxicab business shall make
application to the city council for a taxicab
license. The application shall contain the full
name and address of the applicant, the date on
which the license is to become effective, the
place or location of the business, the period of
time for which the license is applied for, and
the make and trade name of all motor vehicles to
be used in the business .
Sec. 15-207 . Same--Approval of application; issuance;
fee.
(a) Approval; issuance. If the city council is
satisfied that the applicant is a law-abiding
citizen, is of good moral character and
reputation, and is qualified, fitted and capable
of engaging in, operating and conducting the
taxicab business, the council may approve the
application and authorize the issuance of a
license.
(b) Fee. Every person engaging in a taxicab business
shall pay a license tax of fifteen dollars
($15 . 00) per year for one (1) taxicab used in the
business, and ten dollars ($10 . 00) per year for
each additional taxicab used in the business .
Sec. 15-208 . Same--Revocation; grounds .
If at any time the city council is of the opinion that
any person granted a license to engage in, operate and
conduct a taxicab business is engaged in any unlawful
calling or has violated any city ordinance, state law
or federal statute, or is conducting such business in
such a manner as to constitute a danger to the public
safety or a menace to the general welfare and well-
being of the city, or that such person has become
unqualified, unfitted or incapable of engaging in,
operating or conducting a taxicab business, the
council may revoke such license in a summary manner.
Sec. 15-209. Liability insurance required.
No license to engage in the taxicab business shall be
issued until the applicant has filed with the city
clerk, and the same has been approved by the mayor a
liability insurance policy or bond or contract with
some insurance company or association or other
insurer. The liability insurance shall provide
insurance coverage in the amount of twenty-five
thousand dollars ($25, 000 . 00) because of bodily injury
to or death of one (1) person in any one (1) accident,
and, subject to such limit for one (1) person, in the
amount of fifty thousand dollars ($50, 000 . 00) because
of bodily injury to or death of two (2) or more
persons in any one (1) accident, and in the amount of
ten thousand dollars ($10, 000 . 00) because of injury to
or destruction of property of others in any one (1)
accident, on each taxicab used in such business. If
such insurance policy or bond is canceled or for any
reason is not in force or effect during the period of
time for which the license has been issued, the city
council shall revoke the license forthwith.
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Sec . 15-210 . Sign to be displayed on vehicles .
Each taxicab shall have plainly marked therein in
letters not less than four (4) inches high, the name
of the owner or company operating the same and an
identifying number.
Secs. 15-211--15-235 . Reserved.
is hereby repealed in its entirety, and a new Chapter 15,
Article VII, relating to "Taxicabs" , is hereby enacted in lieu,
in words and figures, to read as follows :
ARTICLE VII . TAXICABS
DIVISION 1 . GENERALLY
Sec . 15-206 . Definitions .
For the purposes of this Article, the following words
and phrases shall have the meanings respectively
ascribed to them by this section:
Chief of Police or Chief. The Chief of Police of the
City of Cape Girardeau, or his designee .
Customer Service Office. The Customer Service Office
of the City of Cape Girardeau, Missouri .
Limousine. Any motor vehicle with driver offered to
the public for the purpose of transporting passengers
for a fixed charge or fee or a rate based primarily
upon the amount of time the vehicle is retained.
Limousine Service. The business of offering to the
public motor vehicles for carrying or transportation
of passengers between the Cape Girardeau Regional
Airport and points within the City for a fixed charge
or fee, or the business of offering a motor vehicle
with driver to the public for the transportation of
passengers at a rate based primarily upon the amount
of time the vehicle is retained.
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Taxicab. All motor vehicles, other than limousines,
operated as public carriers of passengers for hire
over other than fixed routes .
Taxicab business. The business of transporting persons
and their property by taxicab.
Taxicab business license. A license to operate a
taxicab or limousine business issued pursuant to the
terms of this Article.
Taxicab driver. The operator of a taxicab.
DIVISION 2 . TAXICAB BUSINESSES
Sec. 15-207 . Taxicab businesses and licenses;
license required; renewals .
(a) It shall be unlawful for any person, corporation,
partnership or other entity to operate or conduct
a taxicab business or limousine service or
similar business regularly or routinely within
the city limits of the City of Cape Girardeau,
Missouri, without first obtaining a license to
conduct that business as set out in this Article .
(b) The annual license fee shall be Fifteen Dollars
($15 . 00) per annum for the first vehicle and Ten
Dollars ($10. 00) for each additional vehicle. No
additional fee shall be required for replacement
vehicles.
(c) Upon approval of the application and receipt of
the annual license fee, a license shall be issued
granting the applicant the privilege of engaging
in such business for a period of one (1) year,
commencing on January 1 of each year, unless a
shorter period of time is prescribed by the City
Council. Any license issued after January 1
shall be effective from and after the date of
issuance up to and including December 31 of that
year.
(d) All licenses shall state the business' hours of
operation, and any other conditions established
by the City Council .
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(e) All renewals of licenses shall be made on January
1 of each year. License renewals shall be
subject to approval by the Customer Service
Office, instead of the City Council, but they
shall follow the same procedure and require the
same information as for the initial application,
except that in lieu of the criminal record checks
required in Section 15-208 (b) , the applicant may
submit an affidavit containing that information.
That affidavit must have been executed no more
than five (5) days prior to the application.
Sec. 15-208 . Taxicab Business Operator, Application;
generally.
Any person desiring to secure a license to engage in,
operate or conduct a taxicab business or limousine
service or similar business within the city shall file
with the Customer Service Office a written application
therefor, in duplicate, verified under oath, giving
the following information:
(a) The ,full name, residential and business
addresses of the applicant for the past
five (5) years; if a partnership, the
name and residential and business
addresses of all the partners for the
past five (5) years; if a corporation,
or other entity, the name and
residential address of all of the
officers and directors for the past
five (5) years .
(b) Whether or not the applicant within the
last ten (10) years, or any persons
listed in subsection (1) above, has
been convicted of the violation of any
federal or state felony law, or any
federal or state misdemeanor involving
the use or threat of force or violence
or the sale of drugs or sexual abuse;
or has been convicted of violating any
provision of the City Code, or has ever
had a business license or other license
or permit issued by the city revoked or
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suspended. Applicant shall supply a
criminal record check, including a
report by the Federal Bureau of
Investigation, and by the Missouri
State Highway Patrol or similar agency,
to verify the information provided in
this section.
(c) Whether or not the applicant or any
person listed in subsection (1) above,
or present or former drivers of the
taxicab business has unpaid claims or
unsatisfied judgments against him for
damages resulting from the negligent
operation of a vehicle .
(d) The past experience, if any, that the
applicant has had in rendering a
taxicab, limousine, or similar service,
including the dates such service was
rendered and the city wherein the
service was rendered.
(e) Whether the applicant has had any
previous license to operate a taxicab
or vehicle for hire service suspended
or revoked in this or any other city or
state, and if so, the circumstances of
the revocation or suspension.
(f) The number of vehicles proposed to be
operated and a complete identification
of each, including the make, model,
motor number and vehicle identification
number of each taxicab or limousine and
the registered owner; provided, however
that the make, model, motor number and
vehicle identification number of each
new motor vehicle included in the
application may be supplied by the
applicant and endorsed on the
application at any time prior to the
actual issuance of the license by the
City Council .
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(g) Any person holding a taxicab license,
as provided in this Chapter, and
desiring to increase the number of
taxicabs reported in the application
shall file with the Customer Service
Office a supplemental application, in
which only the required information for
the additional taxicabs shall be
described. All supplemental applica-
tions which are filed solely for the
purpose of changing the number of
taxicabs, shall be so marked by the
Chief of Police, and do not require
additional approval by the City
Council .
(h) The color scheme, name and
characteristic insignia to be used to
designate the taxicabs of the
applicant.
(i) The hours during which the business
will be operated.
(j ) A statement that the applicant has a
thorough knowledge of the geography of
the City, the traffic regulations of
the City, and the provisions of this
Article .
(k) A statement that the applicant will
obtain the insurance coverage required
by this Article prior to commencing
business .
(1) A statement that the applicant will
maintain the vehicles' condition and
appearance as required by Section 15-
211 (a) and (b) of this Article .
(m) Such further information as the City
Council or the Chief of Police may
reasonably require .
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Sec. 15-209 . Recommendation by Chief of Police;
false information.
After it has been determined that the application
contains all of the required information, the Chief of
Police shall endorse on the application his
recommendation as to whether the license shall be
issued and thereupon submit the application to the
City Council. In the event the application is
approved by the City Council, the City Clerk shall
note such approval on the application and forward the
same to the Customer Service office . The City shall
not issue an initial license under this Chapter until
the same has been approved by the City Council. In
the event the application is rejected by the City
Council, the Clerk shall note the rejection on the
application and return it to the Chief of Police.
Sec. 15-210 . Issuance or denial of a license .
(a) No license to operate a taxicab business shall be
issued unless the applicant has been determined
by the City Council to have met all of the
requirements for a license . In considering
whether to issue a license, the City Council
shall consider, among others, the following
factors :
(1) The information contained in the
application.
(2) Whether an applicant has filed an
incomplete application.
(3) Whether an applicant has made a false
declaration on the application.
(4) Whether any person required to be
listed upon the application has been
convicted of the violation of any
federal or state felony law, or of any
federal, state or municipal offense
involving the use or threat of force or
violence or the sale of drugs or sexual
abuse, or of a state or municipal
offense of leaving the scene of an
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accident or failure to report an
accident, or of any violation of any
provision of this Article; in addition,
the City Council may also consider
whether the applicant has had any
business license or other license or
permit issued by the City revoked or
suspended within the past two (2)
years.
(5) Whether an applicant, or any of the
present or former drivers of the
taxicab business, has any unpaid claims
or unsatisfied judgments against him
for damages resulting from the
negligent operation of a vehicle .
(6) Whether the applicant has had any
previous license to operate a taxicab
or vehicle for hire service suspended
or revoked in this or any other city or
state, unless the Chief of Police finds
that the cause of such suspension or
revocation has been removed or is no
longer applicable.
(7) The number of vehicles owned and
proposed for use by the applicant.
(8) The financial responsibility of the
applicant.
(9) The moral and business qualifications
of the applicant.
(10) The ability of the general public to
obtain good and efficient taxicab
service at the time of the hearing from
presently existing licensed taxicab
companies .
(b) The City Council may, if it deems it to be
appropriate, give the applicant an opportunity to
correct any problem found prior to rejecting the
application.
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(c) An applicant who has been denied a license to
operate shall not reapply for a license to
operate for a period of one year following the
denial .
Section 15-211 . License Holders Responsibilities .
(a) Vehicles; Inspection.
It shall be unlawful for any person, corporation,
partnership or other entity to operate any
vehicle for transporting passengers in a taxicab
or limousine business within the city limits of
Cape Girardeau, unless that vehicle complies with
the condition and inspection requirements
contained in this Section.
(1) All taxicabs and limousines shall be
inspected as follows:
a. No vehicle shall be operated in a
taxicab or limousine business
unless that vehicle has passed the
Missouri vehicle safety inspection
required by Chapter 307, RSMo.
The cost of such annual
inspections are paid for by the
owners of the vehicles .
b. At the time the vehicles are
placed into service or at any time
deemed necessary, the Chief of
Police or his designee may inspect
the vehicles . The license
applicant or taxi operator shall
present each vehicle to the Chief
of Police for inspection when
requested. The Chief of Police or
his designee may inspect for the
following deficiencies and require
that such deficiencies be repaired
before such vehicles are placed
back in service.
i . Verification that at
least 4/32 inches of
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tread exists on front
tires and 2/32 inches of
tread exists on rear
tires, all tires
measured at their
thinnest point.
ii. Each vehicle must be
clean inside and out.
iii . All door handles,
devices used to raise
and lower windows,
interior lights, seat
belts, and heating and
air conditioning systems
must be in operable
condition.
iv. Each taxicab shall bear
the business name and a
number in a conspicuous
place on the taxicab as
set out in Section 15-
211 (b) (6) . No two (2)
taxicabs for the
business shall bear the
same number.
V. Any taximeter shall have
a current Department of
Agriculture seal and
sticker indicating that
it has been properly
calibrated.
(2) Nothing herein shall prohibit the inspection
of vehicles for hire by the Chief of Police
where possible violations of this Article or
other violations of law regarding the
condition of vehicles for hire are evidenced
by visual inspection.
(3) All additional or replacement taxicabs or
limousines referred to in Section 15-208 (g)
shall be subject to the condition and
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inspection requirements contained in this
Section.
(b) Vehicle, Condition, and appearance; limitation on
number of passengers and cargo; identification.
(1) All taxicabs and limousines shall be kept in
a thoroughly and mechanically safe operating
condition complying with all of the safety
requirements of this Code and other
ordinances of the city and state law
regulating motor vehicles of the same size
and type.
(2) No taxicab or limousine shall transport
passengers in excess of the number of
available safety belts installed in that
vehicle .
(3) Children must wear such safety belts as are
required by law while being transported by
taxicab or limousine.
(4) No taxicab operator shall be required to
transport passenger(s) or package (s) that
pose a hazard to the occupants or the
safe operation of the vehicle.
(5) Every taxicab and limousine shall be
maintained in a clean serviceable condition
and in adequate repair. All such vehicles,
except vans, shall have two (2) doors
affording direct entrance and exit to and
from the passenger compartment . The interior
of each vehicle shall be maintained in a
clean condition, free of foreign matter and
offensive odors . There shall be no litter in
the vehicle or trunk and the seats shall be
kept clean and without holes or large wear
spots.
(6) Taxicab color schemes and markings.
a. Each taxicab business license
holder shall adopt a distinctive
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identification marking, including
company name, logo or insignia and
shall display the same name, logo
or insignia on each vehicle . Each
taxicab shall bear on the outside
on each side in letters at least
two (2) inches but not greater
than six (6) inches high the name
of the company, the business phone
number of the company, and a
number assigned by the company
identifying that particular
vehicle. Each taxicab operated by
the same license holder must have
identical information displayed to
the public.
b. It shall be unlawful for any
vehicle other than one operated
pursuant to a valid taxicab
business license to display any
markings suggesting or indicating
it is a taxicab or limousine .
Whenever a vehicle operated as a
taxicab or limousine is removed
from service, the license holder
shall remove or obliterate all
markings suggesting it is a
taxicab or limousine .
C. All vehicles operated as a taxicab
or limousine pursuant to this
Article shall prominently display
a copy of such taxicab business
license so that it may be seen by
all potential passengers prior to
entering the vehicle.
(c) Insurance requirements.
Before any licensee shall commence business, the
person applying therefore shall file with the
Customer Service Office, satisfactory evidence,
in the form of a certificate of insurance, that
the applicant has for each taxicab or limousine
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described in the application the following
minimum insurance coverage, which must not
exclude passengers for hire:
For a vehicle with a manufacturer' s rated seating
capacity of six (6) or less, a public liability
policy of not less than one hundred thousand
dollars ($100, 000 . 00) Combined Single Limit.
For a vehicle with a manufacturer' s rated seating
capacity of more than six (6) , a public liability
policy of not less than five hundred thousand
dollars ($500 . 000 . 00) Combined Single Limit.
The certificate of insurance must show proof of
uninsured motorist coverage as prescribed by
Section 379 . 203, RSMo.
Each certificate must contain a non-cancelation
clause, under which the carrier is absolutely
obligated to notify the City of Cape Girardeau
ten (10) days prior to cancelation of coverage.
The taxicab license issued under this Chapter
shall automatically and immediately be void if at
any time the licensee:
(1) Allows the liability coverage to expire, to
lapse, or to become subject to cancelation.
(2) Fails to provide the motor vehicle
inspections required under this Chapter.
(d) Rates and charges .
(1) Rates and charges. Display of rate schedule .
Every taxicab being operated within the city
limits shall have displayed in a prominent
place within the passenger compartment of
such vehicle a schedule showing the rate of
fare to be charged, and no further or
different charges than those so displayed
shall be charged. In lieu of such a
display, the dispatcher may announce to the
passenger the exact fare prior to the trip.
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(2) Taxicab Meters. Whenever a taxicab used in
the operation of a taxicab business is
equipped with a fare meter, that fare meter
shall be designed and constructed to clearly
and accurately register the exact mileage
traveled by the taxicab on each
transportation movement and shall be
equipped to clearly and accurately register
the exact fare to be paid for use of such
taxicab by one passenger at all times while
such cab is in motion and upon arrival at
the point of destination. The fare meter
shall be turned on at the time such taxicab
departs from the point of origin with a
passenger and shall be kept on until the
point of destination is reached, at which
time the taxicab driver shall stop the
meter.
(e) Taxicab drivers shall be authorized to pick up
one or more additional passengers at points
intermediate to the point of origin and
destination of the initial passenger being
transported on a particular movement, when
authorized by the initial passenger to do so.
This restriction on picking up additional
passengers, however, shall not apply unless the
route traveled and trip destination are
controlled by the passenger.
(f) Taxicab and Limousine Drivers.
(1) Driver authorization.
a. No person shall drive a taxicab or
limousine within the City limits,
unless he is driving as an agent
or employee of a current taxicab
business license holder.
b. No person shall be allowed by any
person engaged in the operation of
a taxicab business or limousine
service within the City to operate
or drive a taxicab or limousine
within the limits of the City,
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unless such driver is in
compliance with all of the
requirements contained in this
Section.
(2) Driver Dress and Uniforms . While on duty,
each taxicab or limousine driver must be
neat and clean in dress and person, and must
wear a shirt, jacket, vest, hat, nametag or
other clothing article of uniform color and
style with the taxicab license holder' s
company name or logo clearly printed upon it
which identifies the driver as a driver for
the taxicab license holder.
(g) Driver Qualifications .
Every taxicab or limousine driver shall possess
the following minimum qualifications :
(1) Be at least eighteen (18) years of age .
(2) Be able to read the English language
sufficiently to read street signs and
operate a vehicle .
(3) Be clean and neat in dress and person, and
not addicted to the use of intoxicating
liquor or drugs .
(4) Have a general reputation for integrity,
responsibility, good moral character as a
law-abiding citizen.
(5) Possess a valid Missouri Class E driver' s
license .
(6) Have at least one year' s experience as a
driver of motor vehicles, and at least sixty
(60) days ' experience operating motor
vehicles over the streets of the City of
Cape Girardeau.
(7) Not have been convicted of, found guilty of,
pled guilty to, or pled no contest to,
regardless of whether sentence was imposed:
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a. Any felony, within the last five
(5) years, a material element of
which involves fraud, dishonesty,
the use of or threat of violence,
or the possession or sale of
illegal drugs, or stealing.
b. Any misdemeanor, in-fraction, or
ordinance violation, within the
last three (3) years, a material
element of which involves fraud,
dishonesty, the use of or threat
of violence, or the possession or
sale of illegal drugs, or
stealing.
C. Any offense involving the
operation of a motor vehicle while
under the influence of alcohol or
drugs within the last three (3)
years, or more than one such
offense during the last ten (10)
years .
d. Any offense which would, if
convicted in Missouri, cause the
driver to be required to register
as a sexual offender.
(8) Obtain a certificate or other public record
showing that the driver has been tested and
passed drug and alcohol screening at least
equal to the screening requirements set by
the United States Department of
Transportation for motor carrier drivers
with respect to the number and types of
drugs or controlled substances tested, which
certificate must have been issued no more
than five days prior to commencing duty as
taxicab or limousine driver. In addition,
the driver must also be subject to a random
drug and alcohol screening program which
checks at least fifty percent (50%) of his
employer' s drivers on an annual basis for
alcohol, and twenty-five (25W) of such
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drivers on an annual basis for drugs .
These random tests must be at least equal to
the screening requirements referred to in
this paragraph.
(9) Be in compliance with all applicable
provisions of the City Code, and of State
and Federal law, governing taxicab or
limousine drivers.
(h) Accident Notification.
In the event any taxicab or limousine driver,
while operating a taxicab or limousine, is
involved in a traffic accident involving injury
to any person, regardless of fault, or if a
vehicle involved in the accident is damaged to
such extent as to be inoperable, or if a citation
is issued, said driver shall within 72 hours of
such accident (excluding the period between 5 : 00
p.m. on Friday and 8 : 00 a.m. on Monday) provide
to the Customer Service Office a certificate or
other public record showing that the driver has
been tested and passed drug and alcohol screening
at least equal to the screening requirements set
by the United States Department of Transportation
for motor carrier drivers with respect to the
number and types of drugs or controlled
substances tested, which certificate must have
been issued no more than 24 hours after the time
of the accident. Failure to submit such
documentation within the time period required
shall automatically cause the driver to be
unqualified to drive a taxicab or limousine
within the City for a period of three years from
the date of the accident.
Sec. 15-212 . Transfer.
A license to operate a taxicab business shall not be
transferred or assigned.
is
Sec. 15-213 . Chief of Police authorized to inspect
licensee' s records, books .
All persons obtaining a license as herein provided
shall at any time during regular business hours permit
the Chief of Police or his agent to make an inspection
and audit of the records and books of such licensee
for the purpose of determining the compliance with the
terms of this Article and the correctness of any
information required to be kept or filed by such
licensee. The information and data obtained from such
inspection and audit may be used by the City to
collect any license tax provided for in this Article,
or to punish any licensee for the making of a false or
fraudulent affidavit, or for any violation of the
requirements of this Article.
Sec. 15-214 . Revocation.
Upon notice and hearing, the City Council or City
Manager may revoke a taxicab business license for any
of the following reasons:
(a) Failure to conduct the taxicab business for a
period of thirty (30) days or longer.
(b) Violation of this Code or any ordinances of, Zhe . z;
city or statutes of the state.
(c) Employment of unlicensed drivers or drivers who
do not possess the qualifications requik'ed by
this Article.
(d) operation of taxicabs or limousines without
insurance on file as is prescribed by this
Article.
(e) Aiding, abetting or assisting the promotion or
advancement of any illegal activity, affair or
business.
(f) Failure to maintain the hours of operation set
forth in the application or failure to comply
with any other condition contained in the
license.
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(g) False information contained in the application.
ARTICLE 2 . If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
ARTICLE 3. It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage and approval . �p
PASSED AND APPROVED THIS DAY OF z0� -
Jay . Knudtson, Mayor
ATTEST:
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