Effective - 28 Aug 2004
49.650. Certain county ordinances and resolutions authorized relating to county property and affairs — submission to voters — certain restrictions for counties of the third classification. — 1. The governing authority of each county without a charter form of government shall have the power to adopt ordinances or resolutions relating to its property, affairs, and local government for which no provision has been made in the constitution of this state or state statute regarding the following:
(1) County roads controlled by the county;
(2) Emergency management, as it specifically relates to the actual occurrence of a natural or man-made disaster of major proportions within the county when the safety and welfare of the inhabitants of such county are jeopardized;
(3) Nuisance abatement, excluding agricultural and horticultural property as defined in section 137.016;
(4) Storm water control, excluding agricultural and horticultural property as defined in section 137.016;
(5) The promotion of economic development for job creation purposes;
(6) Parks and recreation; and
(7) Protection of the environment from the risks posed by methamphetamine production. Nothing in this subdivision shall be construed to allow a noncharter county to adopt an ordinance or resolution regulating the sale or display at any retail outlet of any drug having an active ingredient of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers. Each county shall have the authority by ordinance to authorize specified officeholders to receive donations for specified purposes to defray costs of administration of programs set forth in said ordinance.
If any such ordinance, order, or resolution conflicts with a municipal, fire protection district, or ambulance district ordinance, the provisions of such municipality, fire protection district, or ambulance district shall prevail within the corporate boundaries of the municipality, of such municipality, fire protection district, or ambulance district. All ordinances adopted pursuant to this section shall remain effective until repealed or amended by the governing authority, except that the general assembly shall have the power to further define, broaden, limit, or otherwise regulate the power of each such county to adopt ordinances, resolutions, or regulations.
2. The governing body of each county without a charter form of government may submit to the qualified voters of the county any ordinance, resolution, or regulation proposed pursuant to this section for the approval of the qualified voters of the county. Any ordinance, resolution, or regulation submitted to the qualified voters pursuant to this section shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are in favor of its adoption, but no ordinance, resolution, or regulation shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are opposed to its adoption.
3. Notwithstanding any other provision of this section to the contrary, no tax or fee shall be submitted to the voters of the county unless the tax or fee has been authorized by statute by the general assembly.
4. No county of the first, second, third, or fourth classification shall have the power to adopt any ordinance, resolution, or regulation pursuant to this section governing any railroad company, telecommunications or wireless companies, public utilities, rural electric cooperatives, or municipal utilities.
5. No county commission of any county of the third classification shall enact an ordinance with regard to agricultural operations under this section. Any zoning ordinance adopted by any county of the third classification before August 28, 2004, shall be exempt from this subsection.
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(L. 2003 H.B. 267, A.L. 2004 H.B. 795, et al.)
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 49 - County Commissions and County Buildings
Section 49.020 - Election — term of office — residence.
Section 49.050 - Commissioners to be commissioned by governor.
Section 49.097 - Additional duties of county commissioners (second class counties).
Section 49.101 - Vacancies, interim county officials appointed, when — expiration.
Section 49.130 - Passports, processing of applications, commission may provide service, when — fees.
Section 49.140 - County commissioners prohibited from doing certain things.
Section 49.150 - Penalty for violating section 49.140.
Section 49.160 - Who shall hold meetings when majority of commissioners are absent.
Section 49.170 - Terms of commission, when held.
Section 49.180 - Special terms.
Section 49.190 - Notice for special term.
Section 49.200 - Adjourned terms.
Section 49.210 - County commission may award process.
Section 49.220 - Proceeds before county commission may be transferred to circuit court, when.
Section 49.225 - Stenographic record.
Section 49.260 - Settlements with county treasurers and other officers.
Section 49.264 - County commission may grant easements to watershed subdistricts.
Section 49.270 - County commission to control county property — to audit demands against county.
Section 49.278 - Governing body may provide certain benefits for county employees, procedure.
Section 49.280 - Ex officio commissioner to sell county lands — deeds by.
Section 49.287 - County may lease property — procedures (certain first class counties).
Section 49.290 - Lands sold by the county — procedure to obtain deed.
Section 49.300 - County commission may institute condemnation proceedings — power of circuit court.
Section 49.305 - Sites for courthouse, jail, may acquire — funds from which payment authorized.
Section 49.320 - County commission may order buildings erected.
Section 49.330 - Superintendent, appointment, compensation.
Section 49.370 - Site for county building.
Section 49.390 - Circuit court to examine title.
Section 49.400 - County commission to pay for building site, when.
Section 49.410 - Plan of building to be submitted.
Section 49.420 - Advertisement for bids — may let at private contract, when.
Section 49.430 - Bond of contractor.
Section 49.440 - Superintendent to supervise work and report progress.
Section 49.450 - Payments to contractor, when made.
Section 49.460 - Order of payment, when made.
Section 49.470 - County commission may alter and repair county buildings, when.
Section 49.480 - Insurance of courthouses and jails — disposition of proceeds.
Section 49.490 - Damages recoverable for injuring county property.
Section 49.500 - County contracts to be inquired into on petition.
Section 49.510 - County to provide and equip offices.
Section 49.520 - Acquisition, erection or expansion of county buildings authorized, when.
Section 49.525 - Issuance of bonds — ordinance required, contents.
Section 49.530 - Interest rate and maturity of bonds.
Section 49.535 - Bonds negotiable and tax free — method of sale — payable from revenue only.
Section 49.540 - Obligation of county for rent or charges, limits — right to use building.
Section 49.545 - Application of proceeds of bonds.
Section 49.550 - Lien on buildings and land — rights of bondholders.
Section 49.555 - Receiver on default in payment of bonds.
Section 49.560 - Revenues placed in special fund — use — rentals, rates and charges.
Section 49.565 - Surplus in fund, disposition of.
Section 49.570 - Additional bonds — refunding bonds.
Section 49.575 - Administration of buildings and income, obligation of bonds.
Section 49.580 - This method of acquisition additional, not exclusive.
Section 49.605 - Permits, authorized requirements for applicant.
Section 49.610 - Variances may be granted by county commission, when.
Section 49.615 - Judicial review of all final decisions, orders and actions, when.