City of Maryville

Facebook Twitter E-notify RSS Feeds 
 
Chapter 100 General Provisions

ARTICLE I.  GENERALLY

SECTION 100.010:   ORDINANCES -- INTERPRETATION, CONSTRUCTION

No provision of this Code shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this Code is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provisions shall be automatically interpreted and applied as required by law.  (R.O. 2008 §100.010; Ord. No. 4882 §1, 5-14-90, Ord. No. 7830 § 03-14-2016, )

SECTION 100.020:   DEFINITIONS

The following words shall have the meanings respectively ascribed to them:

AND/OR:  Whenever the words "and/or" are used, "and" shall apply where possible; otherwise, "or" shall apply.

CERTIFIED MAIL: Includes certified mail carried by the United States Postal Service or any parcel or letter carried by an overnight, express or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient.

CITY, MUNICIPALITY:  The word "City" or "Municipality" means the City of Maryville, Missouri.

CONJUNCTIVE, DISJUNCTIVE WORDS:  Conjunctive and disjunctive words may be interchangeable to effect the purpose of any provisions.

COUNCIL, CITY COUNCIL:  The word "Council" or the words "City Council" mean the legislative body of the City of Maryville, Missouri.

COUNTY:  The word "County" means the County of Nodaway, Missouri.

GENDER:  Words importing masculine gender shall apply to females and to firms, associations, partnerships and corporations.

JOINT AUTHORITY:  All words purporting to give joint authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of officers or other persons, unless it is otherwise expressly declared in the ordinance granting the authority.

MONTH:  The word "month" shall be construed to mean a calendar month.

NUMBER:  Words in either the singular or plural numbers shall include either or both numbers and may apply in any instance to a particular person or persons.

OATH, AFFIRMATION, SWORN, AFFIRMED:  The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath and in like cases the word "sworn" shall be construed to include the word "affirmed".

OFFICERS:  The several officers' titles mean such Officers of the City.

OWNER:  The word "owner", applied to a building or land, shall include any part-owner, land contract vendee, joint-owner, tenant-in-common, tenant-in-partnership, joint-tenant, or tenant-by-the-entirety, of the whole or of a part of such building or land.

PERSON:  The word "person" includes firms, joint adventures, partnerships, corporations, clubs, and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

PRECEDING, FOLLOWING:  The words "preceding" and "following", when used by way of reference to any Title, Chapter or Section of any ordinance of the City, shall be construed to mean the Title, Chapter or Section next preceding or next following that in which such reference is made unless when some other Title, Chapter or Section is expressly designated in such reference.

PROPERTY:  The word "property" shall include real and personal property.

PUBLIC PLACE:  The words "public place" mean any street, alley, park, cemetery, public building, or any place of business or assembly or parking lot, or any other premises open to the public or frequented by the public.

PUBLIC SAFETY OFFICER:  A person serving a public agency, with or without compensation, as a Law Enforcement Officer or emergency personnel and having power of arrest.

SEAL:  In all cases in which the seal of any court or public office shall be required to be affixed to any paper issuing from such court or office, the word "Seal" shall be construed to mean the impression of such seal on such paper alone, as well as the impression of such seal affixed thereto by means of a wafer or wax.

SHALL, MAY:  The word "shall" means imperative or mandatory; the word "may" means permissive.

SIGNATURE, SUBSCRIPTION:  The words "signature" and "subscription" include a mark when the person cannot write.

STATE:  The word "State" means the State of Missouri.

TENSE:  Words used in the present or past tense shall be construed as including the future as well as the present or past.

TITLES, HEADINGS AND CATCHLINES:  The key words used as headings, titles or catchlines for Chapter, Sections and Subsections are inserted for convenience and to facilitate search, and such words shall not be construed to limit or affect the meaning of any of the provisions hereof.

WEEK:  The word "week" shall be construed to mean seven (7) days.

WRITTEN, IN WRITING:  The words "written" or "in writing" may include any form of reproduction or expression of language.

YEAR:  The word "year" shall be construed to mean a calendar year; and the word "year" alone, shall be equivalent to the words "year of our Lord".  (R.O. 2008 §100.020; Ord. No. 4882 §1, 5-14-90)

SECTION 100.030:   OFFICERS -- ACTS REQUIRED -- PERFORMANCE -- AUTHORITY

Whenever in accordance with the provisions of this Code or any ordinance of the City, any specific act is required to be done by any designated Officer or Official of the City, such act may be performed by any City employee duly authorized to perform that act by such officer or official.  (R.O. 2008 §100.030; Ord. No. 4882 §1, 5-14-90)

SECTION 100.040:   COMPUTATION OF TIME

The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed as prescribed by State Statute.  (R.O. 2008 §100.040; Ord. No. 4882 §1, 5-14-90)

SECTION 100.050:   OFFICIAL CITY TIME

Standard time, Central division, shall be the official time of the City except during such period of time as may be designated Daylight Savings Time by State or Federal law.  (R.O. 2008 §100.050; Ord. No. 4882 §1, 5-14-90)

SECTION 100.060:   REPEALING ORDINANCE REPEALED -- FORMER ORDINANCE NOT REVIVED -- WHEN

When an ordinance repealing a former ordinance, clause or provision is itself repealed, it does not revive the former ordinance, clause or provision, unless it is otherwise expressly provided; nor shall any ordinance repealing any former ordinance, clause or provision abate, annul or in anywise affect any proceedings had or commenced under or by virtue of the ordinance so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing ordinance had not passed, unless it is otherwise expressly provided.

SECTION 100.070:   REPEAL OF INCONSISTENT ORDINANCES

Whenever an ordinance is adopted, all ordinances or parts of ordinances in conflict therewith shall, to the extent of such conflict, be repealed.  (R.O. 2008 §100.070; Ord. No. 4882 §1, 5-14-90)

SECTION 100.080:   EFFECT OF REPEAL OF ORDINANCE

No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any ordinance provision is repealed or amended, shall be affected by the repeal or amendment, but the trial and punishment of all such offenses and the recovery of the fines, penalties or forfeitures shall be had, in all respects, as if the provision had not been repealed or amended, except that all such proceedings shall be conducted according to existing procedural laws.

SECTION 100.090:   CITING CODE

This Code shall be cited as The Municipal Code of the City of Maryville, Missouri.  (R.O. 2008 §100.090; Ord. No. 4882 §1, 5-14-90)

SECTION 100.100:   SEVERABILITY

If any part of an ordinance or the application thereof to any person or circumstance shall be found to be invalid by any court, such invalidity shall not affect the remaining parts or applications of the ordinance which can be given effect without the invalid part or application, provided such remaining parts are not determined by the court to be inoperable, and to this end ordinances are declared to be severable.  (R.O. 2008 §100.100; Ord. No. 4882 §1, 5-14-90)

SECTION 100.110:   ACCESSORIES

Every person who shall aid, abet, encourage or entice another to violate any of the provisions contained in this Code, or any ordinance of the City shall be deemed an accessory to the commission of such offense, and shall be deemed guilty of an ordinance violation.  (R.O. 2008 §100.110; Ord. No. 4882 §1, 5-14-90)

ARTICLE II.  PENALTY PROVISIONS

SECTION 100.120:   GENERAL PENALTY

Whenever in this Code or any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision by any person is hereby declared to be an ordinance violation; and, upon conviction, unless some other penalty is prescribed in this Code or such ordinance, such person may be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding three (3) months, or both such fine and imprisonment in the discretion of the court having jurisdiction.  In any case wherein the penalty for an offense is fixed by any Statute, the Council shall affix the same penalty by ordinance for the punishment of such offense.  (R.O. 2008 §100.130; Ord. No. 4882 §1, 5-14-90)

SECTION 100.130:   CONTINUING VIOLATIONS

In addition to the penalties hereinbefore provided, any condition caused or permitted to continue to exist in violation of any of the provisions of this Code or any ordinance of the City shall be deemed a new and separate offense for each day that such condition continues to exist, and each such offense may be separately punished as hereinbefore provided.  (R.O. 2008 §100.140; Ord. No. 4882 §1, 5-14-90)


SECTION 100.133:  ENFORCEMENT; ATTORNEYS' FEES

The City shall be entitled to enforce any provision of this Code through all remedies lawfully available, and any person determined judicially to have violated the terms of this Code shall further be liable to pay the City's costs and attorneys' fees in enforcing  such Code provisions.  Additionally, any user of City services, right-of-way or other City facilities or property, shall, as a condition of such use or continued use, to the full extent permissible by law, be liable to pay the City's costs and attorneys' fees incurred in enforcing any lawful requirement applicable to such use, whether arising in contract, statute, ordinance, or other enforceable duty as to such use.


SECTION 100.135: VIOLATION; REMEDIES, UNAUTHORIZED HOLDOVER

Any person who fails to hold and maintain a current and valid agreement with the City to use the City's land or facilities has no right to holdover and shall be subject to the provisions and City remedies of this subsection in addition to all other remedies and penalties as may otherwise exist in applicable law.  Any claimed holdover right shall be deemed void and terminated upon expiration of a valid use agreement unless the City has affirmatively in writing authorized the holdover, or as otherwise may be required by law.


Where an agreement, lease, or other agreement for use of public land or facilities expires, and in addition to any penalties or other requirements therein, the licensee during any period without a valid agreement shall during any period of unauthorized use: (1) indemnify the City from any liability arising from the use, (2) pay any damages and costs of the City from such use, including attorney fees incurred in enforcing this ordinance, and (3) make payment of compensation in the amount of two times the monthly rent of the last expired agreement if a holdover, and two times the market rental value reasonably determined by the City, if no prior agreement, until a valid agreement is executed with the City or the attachments and/or use is fully removed, the property restored and all obligations to the City satisfied.  Unless otherwise provided in an unexpired agreement, Licensee shall also be responsible for interest on all amounts owed and at a rate of one and one-half percent per month.  Nothing in these provisions, remedies or compensation requirements, or acceptance or enforcement thereof by the City, shall be deemed to accept or authorize any use of public property without a required agreement, or after the expiration of such agreement, or otherwise in violation of applicable requirements.( Ord. No. 7830 § 03-14-2016)

ARTICLE III.  PROVISIONS, PROCEDURES AND POLICIES

SECTION 100.140:   GRIEVANCE PROCEDURE FOR COMPLAINTS OF DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT

A.  The City of Maryville, Missouri, strives to ensure that all programs it undertakes are established in a manner by which all residents of the City have an equal opportunity to participate in such programs, regardless of the such residents disability, as defined within the Americans with Disabilities Act (hereinafter, "ADA").

B.  Any Maryville resident who believes that they have been discriminated against because of handicapped status under the ADA (hereinafter, "Claimant") shall have a right to file a written grievance.

C.  The Grievance Procedure of the City of Maryville, Missouri, shall be as follows:

      1.   If any claimant feels he or she has been discriminated against by the City of Maryville under the ADA (hereinafter, the "Discriminatory Act"), the claimant shall immediately deliver to the City Manager's office claimant's written discrimination grievance stating the following:

            a.   Claimant's full name, address and telephone number.

            b.   The department name and the location in which it is alleged that the Discriminatory Act occurred.

            c.   A description of the Discriminatory Act, the date or dates of the Discriminatory Act(s), and the name or names of the City employees who claimant believes acted in a discriminatory manner.

            d.   The nature of the claimant's handicap and how such handicap affects claimant.

            e.   Other information that claimant believes necessary to support their grievance.

            Grievances made which do not include the necessary information shall be returned to the claimant for further information.  No action shall occur until a fully-completed grievance has been received.

            Within twenty (20) working days following the receipt of the written grievance described above, the City Manager shall investigate the factual basis, if any, for the grievance and shall hold a meeting with the claimant.  Within ten (10) working days after such meeting, the City Manager shall notify claimant of the decision as to whether such grievance is valid and, if so, what corrective action will be done by the City.  If the City Manager does not believe the grievance has merit, the claimant shall be so advised and, if so, will be advised why such a decision was made. 

      2.   If satisfaction is not achieved by the above procedure or notification is not mailed within ten (10) working days from the date of the meeting with the City Manager, the claimant may then present the grievance to the City Council.  A written appeal must be made to the City Council within forty-five (45) calendar days from the date of the meeting, whether a notification is received from the City Manager or not.  The hearing will be conducted in an informal manner and the City Council shall make every effort to avoid the appearance of conducting a trial in a court of law.  The written grievance appeal shall state the following:

            a.   The name, address and phone number of the claimant;

            b.   Why the claimant believes that the decision of the City Manager in denying the grievance, or why the corrective action to be taken, is incorrect.

      3.   No later than ten (10) working days after receipt of the written appeal, the City Council shall fix a time and place for convening a hearing.  Within forty-eight (48) hours after the hearing, findings and recommendations will be submitted in writing to the claimant.

      4.   Claimant's failure to attend or notify the City Council of his/her inability to attend will constitute just cause for dismissal of the grievance.  In order to be effective, the inability to attend the hearing must be communicated by the claimant to the City Clerk and must be no later than twenty-four (24) hours prior to the hearing.

      5.   No portion of this grievance procedure is intended to award compensation to any claimant for any alleged Discriminatory Act, but rather is solely intended to allow a means of curing by corrective action a situation that is occurring within a City department. 

D.  Issues Regarding Employees.  The City of Maryville will not discriminate in the hiring, promotion, disciplining or removal of any City employee on the basis of handicapped status.  The City of Maryville has adopted an Employee Handbook, Grievance Procedure, Ordinance No. 7058, which is on file in the City Clerk's office and made a part hereof and is hereby adopted as the official grievance procedure for employees of the City of Maryville, Missouri.  (R.O. 2008 §100.150; Ord. No. 4882 §1, 5-14-90; Ord. No. 7074 §§1--2, 12-22-08)

SECTION 100.150:   REASONABLE SERVICE CHARGE FOR INSUFFICIENT FUNDS, NO ACCOUNT OR STOP PAYMENT CHECKS

Pursuant to Section 570.120.6., RSMo., the City of Maryville, Missouri, is hereby authorized and directed to collect a reasonable service charge in the amount of twenty-five dollars ($25.00) per check from the party issuing any insufficient funds, closed account, stop payment or other bad check.  Upon receipt, said funds shall be deposited in the fund for which collected.  (R.O. 2008 §100.160; Ord. No. 5283 §1, 2-27-95; Ord. No. 6415 §1, 10-22-01)

SECTION 100.160:   LOSS PREVENTION AND SAFETY POLICY

The Council of the City of Maryville, Missouri, hereby adopts the Loss Prevention and Safety Policy Statement.  A copy of said Loss Prevention and Safety Policy Statement shall be and is hereby incorporated by reference as though fully set out herein and is on file in the office of the City Clerk.  (R.O. 2008 §100.170; Ord. No. 5173 §1, 11-8-93; Ord. No. 6874 §§1--2, 10-23-06)

SECTION 100.170:   DRUG AND ALCOHOL TESTING POLICY

The Council of the City of Maryville, Missouri, hereby adopts the Drug and Alcohol Testing Policy for Municipal Employees.  A copy of said Drug and Alcohol Testing Policy for Municipal Employees shall be and is hereby incorporated by reference as though fully set out herein and is on file in the office of the City Clerk.  (R.O. 2008 §100.180; Ord. No. 5370 §§1--19, 1-8-96)

SECTION 100.180:   CIVIL EMERGENCY -- POWERS OF MAYOR TO ISSUE PROCLAMATION OF EMERGENCY

A.  Whenever in the judgment of the Mayor, a state of civil emergency exists as a result of mob action, riots, general civil disobedience or disorder, or the threat of any of the same shall exist, the Mayor shall, in addition to all other powers granted him/her by the laws of this State and the ordinances of the City, be empowered in order to suppress such actions and preserve the peace and order of the City and to protect its citizens and their property, to issue a proclamation declaring a state of civil emergency to exist, and may thereby exercise the powers granted in the following Subsections:

      1.   To impose a curfew upon all or any portion of the City as designated therein as he/she may deem advisable during such hours of the day or night as he/she determines necessary in the interest of the public safety and welfare, and during which all persons shall remove themselves to their place of residence and remain off and away from the public streets, sidewalks, parkways, parks, and all other public or open places, and no persons shall assemble, gather, loiter or otherwise congregate in any manner in groups, assemblies or meetings in any place for any purpose whatsoever; provided however, that persons performing medical services, essential public utility services, public officials, Public Safety Officers and all other persons exclusively enumerated in such proclamation may be exempted from curfew;

      2.   To order the closing of any and all business establishments throughout the City or any portion thereof for which the state of emergency exists or during the curfew hours;

      3.   To order discontinuance of selling, distributing, dispensing, or giving away of any firearms or other weapons of any character, whatsoever;

      4.   To order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away [of] firearms or ammunition or other weapons of any character whatsoever;

      5.   To order the closing of all retail and wholesale liquor stores, taverns and other places dispensing, serving or permitting the consumption of intoxicating liquor or non-intoxicating beer;

      6.   To order the discontinuance of the sale, distribution or giving away of intoxicating or non-intoxicating liquors;

      7.   To order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or non-intoxicating beer is permitted;

      8.   To order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

      9.   To order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of gasoline or other liquid flammable or combustible products;

      10. To designate any public place, public street, thoroughfare, boulevard, parking area and any other place closed to motor vehicles, persons and pedestrian traffic;

      11. To order all regular, special and auxiliary Public Safety Officers and other designated conservators of the peace to report for duty assignment, such reporting to be in accordance with prearranged plan or under the direction of lawful authority.

B.  Any such proclamation of a state of emergency shall become immediately effective upon its execution and the issuance by the Mayor, and the original thereof shall be filed and remain in the office of the City Clerk.

C.  The proclamation issued in accordance with the provisions of this Section shall remain in effect continuously from the date and time of the issuance thereof, for such a period of time as specifically prescribed therein or upon the issuance of a proclamation determining a civil emergency no longer exists, whichever occurs first.

D.  It shall be an ordinance violation for any person to fail, neglect or refuse to comply with the orders made or prohibitions instituted by a proclamation issued under the provisions of this Section, or for any person who otherwise violates or in any manner aids, assists, encourages or accountenances the commission or perpetration of a violation of said proclamation.  For the purpose of the prosecution of any person for the violation of this Section, a copy of the proclamation of the Mayor certified by the City Clerk to be a true and correct copy thereof shall be deemed to constitute a prima facie evidence that such proclamation was duly issued by the Mayor on the date and at the time set forth therein pursuant to the authority contained in this Section.  (R.O. 2008 §210.150; Ord. No. 4944 §1, 12-10-90)

    

     SECTION 100.185:     STATE AND NATIONAL CRIMINAL BACKGROUND CHECKS

     Pursuant to Chapter 43, Section 43.535 RSMo, the City of Maryville shall adopt an ordinance to regulate criminal background checks performed by state and national authorities, prior to the issuance of new liquor licenses, solicitors and canvassers, peddlers, and itinerant merchants permits, new taxicab and other vehicles for hire permits, by requiring the applicant, to submit his/her fingerprints, taken by the local law enforcement agency, to the Missouri State Highway Patrol, Criminal Records & Identification Division, for a criminal background check, which shall read as follows and made part of this Ordinance by reference.

  1. An applicant seeking to engage in obtaining a new liquor license, Solicitors and Canvassers, Peddlers, and Itinerant Merchants permits, new Taxicab and other Vehicles for Hire permits, shall submit, if required, two sets of his or her fingerprints, taken by a local law enforcement agency, to the Missouri State Highway Patrol, Criminal Records & Identification Division, along with the appropriate fees.
  2. Upon receipt of the fingerprints and the appropriate fees, the City of Maryville, Public Safety Department, will transmit both sets of fingerprints and the appropriate fees to the Missouri State Highway Patrol, Criminal Records & Identification Division. The Missouri State Highway Patrol, Criminal Records & Identification Division will compare the subject's fingerprints against it's criminal files and, if no disqualifying conduct is found therein; or if necessary, submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the Missouri State Highway Patrol, Criminal Records & Identification Division, which will disseminate the state and national results to the Public Safety Department.
  3. Fees charged by the state and national agencies, shall be determined by agency performing the criminal background checks.
  4. Upon receipt of the result, the Director of Public Safety shall render a fitness determination based upon the results of the criminal background check and communicate its recommendation for a fitness determination.
  5. In rendering fitness determination, the Director of Public Safety, will decide whether the records subject has been convicted of or is pending indictment for a crime which bears upon his/her ability to serve in that capacity or if any felony or misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense; or enumerated disqualifiers. Upon an applicant being denied approval, the City Clerk shall report to the City Manager the findings.
  6. Upon a formal request made by completion of the city's record request form, the record subject may request and receive a copy of his/her criminal history record information from the Department of Public Safety. Should the record subject seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol, Criminal Records & Identification Division for a Missouri state record or teh Federal Bureau of Investigation for records from other jurisdictions maintained in its file. (Ord. No. 7216 §1, 6-14-10)

ARTICLE IV.  IDENTITY THEFT PREVENTION POLICY

                        Editor's Note--The report of suspected identity theft, list of acceptable documents and red flag event log are on file in the office of the city clerk.

SECTION 100.190:   INTRODUCTION

Pursuant to Federal law the Federal Trade Commission adopted Identity Theft Rules requiring the creation of certain policies relating to the use of consumer reports, address discrepancy and the detection, prevention and mitigation of identity theft.  The Federal Trade Commission regulations adopted as 16 CFR §681.2 require creditors, as defined by 15 U.S.C. §681(a)(5) to adopt red flag policies to prevent and mitigate identity theft with respect to covered accounts.  15 U.S.C. §1681a(r)(5) cites 15 U.S.C. §1691a, which defines a creditor as a person that extends, renews or continues credit, and defines "credit" in part as the right to purchase property or services and defer payment therefore.  The Federal Trade Commission regulations include utility companies in the definition of creditor.  The City of Maryville is a creditor with respect to 16 CFR §681.2 by virtue of providing water and sewer utility services or by otherwise accepting payment for municipal services in arrears.  This program was developed with oversight and approval of the City Council.  After consideration of the size and complexity of the City's water and sewer utility (the utility) operations and account systems, and the nature and scope of the utility's activities, the City Council determined that this program was appropriate for the utility, and therefore approved this program on April 27, 2009.  (Ord. No. 7108 §1, 4-27-09)

SECTION 100.200:   PROGRAM PURPOSE AND DEFINITIONS

A.  Fulfilling Requirements Of The Red Flags Rule.  Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation.  Each program must contain reasonable policies and procedures to:

      1.   Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program;

      2.   Detect red flags that have been incorporated in the program;

      3.   Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and

      4.   Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft.

B.  Red Flags Rule Definitions Used In The Program.

      1.   The red flags rule defines "identity theft" as fraud committed using the identifying information of another person and a "red flag" as a pattern, practice, or specific activity that indicates the possible existence of identity theft.

      2.   According to the rule, a municipal utility is a creditor subject to the rule requirements.  The rule defines "creditors" to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies.  Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors.

      3.   All the utility's accounts that are individual utility service accounts held by customers of the utility whether residential or commercial are covered by the rule.  Under the Rule, a "covered account" is:

            a.   Any account the utility offers or maintains primarily for personal, family or household purposes that involves multiple payments or transactions; and

            b.   Any other account the utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the utility from identity theft.

      "Identifying information" is defined under the rule as any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including:  name, address, telephone number, Social Security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet protocol address, or routing code.  (Ord. No. 7108 §1, 4-27-09)

SECTION 100.210:   IDENTIFICATION OF RED FLAGS

In order to identify relevant red flags, the utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft.  The utility identifies the following red flags, in each of the listed categories:

      1.   Notifications and warnings from credit reporting agencies (if a consumer credit report is used; currently the utility does not use credit reports).  Examples of alerts include but are not limited to:

            a.   A fraud or active duty alert that is included with a consumer report;

            b.   A notice of credit freeze in response to a request for a consumer report;

            c.   A notice of address discrepancy provided by a consumer reporting agency;

            d.   Indications of a pattern of activity in a consumer report that is inconsistent with the history and usual pattern of activity of an applicant or customer.

      2.   Suspicious documents.  Examples of suspicious documents include:

            a.   Documents provided for identification that appear to be altered or forged;

            b.   Identification on which the photograph or physical description is inconsistent with the appearance of the applicant or customer;

            c.   Identification on which the information is inconsistent with existing customer information (such as if a person's signature on a check appears forged);

      3.   Suspicious personal identifying information.  Examples of suspicious identifying information include:

            a.   Personal identifying information that is inconsistent with external information sources used by the utility.  For example:

                  (1)  The address does not match any address in the consumer report (if used by the utility); or

                  (2)  The Social Security number (SSN) has not been issued, or is listed on the Social Security Administration's Death Master File (if used by the utility);

            b.   Other information provided, such as fictitious mailing address, mail drop addresses, jail addresses, invalid phone numbers, pager numbers or answering services, is associated with fraudulent activity;

            c.   The Social Security number provided is the same as submitted by another customer;

            d.   The applicant fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete;

            e.   Personal identifying information is not consistent with information that is on file;

            f.    Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer, such as a lack of correlation between the Social Security number range and the date of birth;

            g.   Personal identifying information or a phone number or address, is associated with known fraudulent application or activities as indicated by internal or third-party sources used by the utility.

      4.   Suspicious account activity or unusual use of account.  Examples of suspicious activity include:

            a.   Change of address for an account followed by a request to change the account holder's name;

            b.   Payments stop on an otherwise consistently up-to-date account;

            c.   An account being used in a way that is not consistent with prior use (such as very high activity);

            d.   Mail sent to the account holder is repeatedly returned as undeliverable;

            e.   Notice to the utility that a customer is not receiving mail sent by the utility;

            f.    Breach in the utility's computer system security; and

            g.   Unauthorized access to or use of customer account information.

      5.   Alerts from others.  Notice to the utility from a customer, identify theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft.  (Ord. 7108 §1, 4-27-09)

SECTION 100.220:   DETECTING RED FLAGS

A.  In order to detect any of the red flags identified above in the opening of a new account, utility personnel will take the following steps to obtain and verify the identify of the person opening the account:

      1.   Require certain identifying information such as name, residential or business address, principal place of business for an entity, driver's license or other identification;

      2.   Verify the customer's identity (such as by reviewing a driver's license or other identification card); and

      3.   Review documentation showing the existence of a business entity.

B.  In order to detect any of the red flags identified above for an existing account, utility personnel will take the following steps to monitor transactions with an account:

      1.   Verify the identification of customers if they request information (in person, via telephone, via facsimile, via e-mail);

      2.   Verify changes in banking information given for billing and payment purposes.  (Ord. No. 7108 §1, 4-27-09)

SECTION 100.230:   PREVENTING AND MITIGATING IDENTITY THEFT

A.  In the event utility personnel detect any identified red flags, such personnel shall take one (1) or more of the following steps, depending on the degree of risk posed by the red flag:

      1.   Continue to monitor an account for evidence of identity theft;

      2.   Contact the customer;

      3.   Not open a new account;

      4.   Close an existing account;

      5.   Reopen an account with a new number;

      6.   Notify the program Administrator for determination of the appropriate step(s) to take;

      7.   Notify law enforcement; or

      8.   Determine that no response is warranted under the particular circumstances.

B.  In order to further prevent the likelihood of identity theft occurring with respect to utility accounts, the utility will take the following steps with respect to its internal operating procedures to protect customer identifying information:

      1.   Ensure complete and secure destruction of paper documents and computer files containing customer information;

      2.   Ensure that office computers are password protected and that computer screens lock after a set period of time;

      3.   Keep offices clear of papers containing customer information;

      4.   Require and keep only the kinds of customer information that are necessary for utility purposes;

      5.   Require customers to authenticate addresses and personal information, rather than utility personnel asking if the information is correct.  (Ord. No. 7108 §1, 4-27-09)

SECTION 100.240:   PROGRAM UPDATES

The Program Administrator will periodically review and update this program to reflect changes in risks to customers and the soundness of the utility from identity theft.  In doing so, the Program Administrator will consider the utility's experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the utility's business arrangements with other entities.  After considering these factors, the Program Administrator will determine whether changes to the program, including the listing of red flags, are warranted.  If warranted, the Program Administrator will update the program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the program.  (Ord. No. 7108 §1, 4-27-09)

SECTION 100.250:   PROGRAM ADMINISTRATION

A.  Oversight.  Responsibility for developing, implementing and updating this program lies with an Identity Theft Committee to be comprised of the Program Administrator (the City Manager) and the Finance Director.  The Program Administrator will be responsible for the program administration, for ensuring appropriate training of utility staff on the program, for reviewing any staff reports regarding the detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program.

B.  Staff Training And Reports.  Utility staff responsible for implementing the program shall be trained either by, or under, the direction of the Program Administrator in the detection of red flags, and the responsive steps to be taken when a red flag is detected.

C.  Service Provider Arrangements.  In the event the utility engages a service provider to perform an activity in connection with one (1) or more accounts, the utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.

      1.   Require, by contract, that service providers have such policies and procedures in place; and

      2.   Require, by contract, that service providers review the utility's program and report any red flags to the Program Administrator.  (Ord. No. 7108 §1, 4-27-09)