80.090. Trustees — power to pass certain ordinances. — Such board of trustees shall have power:
(1) To pass bylaws and ordinances to prevent and remove nuisances;
(2) To prevent, restrain and suppress bawdy-houses, gambling houses and other disorderly houses within the limits of such town, or any addition to said town, or any commons thereto attached;
(3) To restrain and prohibit gambling;
(4) To license, tax and regulate merchants, peddlers and auctioneers, and to regulate and prohibit the sale or giving away of intoxicating liquors under merchants' licenses in such towns; provided, that druggists and pharmacists may sell upon prescriptions, as is provided by law;
(5) To provide for licensing and regulating and prohibiting dramshops and tippling houses, public shows, circuses, theatrical and other amusements, to the distance of one-half mile from the corporate limits of such town;
(6) To prohibit the firing of firearms;
(7) To prevent furious and unnecessary riding or driving of any horse or other animal within such town, or such part thereof as they may think proper;
(8) To establish night watches and patrols;
(9) To erect and maintain calabooses, poorhouses and hospitals;
(10) To prevent the introduction and spreading of contagious diseases;
(11) To organize and maintain fire companies;
(12) To prevent and extinguish fires;
(13) To establish fire limits and to define the limits within which wooden buildings, stables, manufactories and other structures which may increase the danger of calamities from fires shall not be erected;
(14) To establish and provide for wells, cisterns and pumps;
(15) To regulate the construction of chimneys and flues thereof, and to appoint an inspector of chimneys and flues, and to define the duties and fix the compensation thereof;
(16) To establish and regulate markets;
(17) To erect and repair bridges and culverts;
(18) To erect, repair and regulate wharves and the rate of wharfage;
(19) To regulate the landing and stationing of steamboats, rafts and other watercraft;
(20) To provide for the inspection of lumber, building material and for provisions to be used or offered for sale in such town, or to be exported therefrom;
(21) To regulate the storage of gunpowder and other combustible materials;
(22) To regulate the slaughtering of animals;
(23) To license, tax, regulate and prohibit ball and tenpin alleys, billiards and pool tables, or other tables upon which games are played for pay or amusement;
(24) To license, tax, regulate and prohibit all other games for pay or amusement; provided, that no permission shall be given to bet money, property or other thing upon any game, or to license any such game;
(25) To license, tax and regulate wagons and teams, livery, sale and feed stables, and any vehicle or team kept or let for pay;
(26) To license, tax and regulate hay, grain and stock scales;
(27) To levy and collect taxes upon property and the licenses herein provided for;
(28) To borrow money for the improvement of such town, or to supply the same with water or gas;
(29) To open and form public squares, avenues, drains and sewers, and to keep the same cleaned and in order;
(30) To locate and lay out new streets and alleys;
(31) To establish the grade of streets and alleys;
(32) To determine and fix the width of sidewalks, and the material of which the same may be built; and
(33) To widen streets heretofore laid out in such town, and to appoint three commissioners to assess the damages done to property upon which such street or alley may be located, deducting from such damages the amount of benefit, if any, such street or alley, or the widening thereof, may be to the same; but all assessments so made by the commissioners shall be reported, as soon as may be, to the board of trustees, who may approve or reject the same; and all persons aggrieved by such assessment may, within fifteen days after receiving notice of such assessment, appeal therefrom to the next circuit court of the county, by giving notice of such appeal to said board of trustees at least fifteen days before the first day of the term to which said appeal is taken; and the circuit court, on such appeal, shall be possessed of the case and proceed therewith to final judgment, according to law. In all cases of assessment or appeal, the land to be used for or occupied by the street or alley may be taken possession of for the purpose of establishing and improving such street or alley, as soon as the amount of damages so assessed shall be tendered to the owner;
(34) Also to open, clear, regulate, grade, pave or improve the streets and alleys of such town;
(35) To provide for lighting the streets and erecting lamps thereon;
(36) To regulate and prohibit the running at large of dogs, hogs, cattle and horses in the streets and alleys of such town, and to impose and collect tax on dogs not exceeding one dollar each;
(37) To impose and appropriate fines for forfeitures and penalties for breaking or violating their ordinances;
(38) To levy and collect taxes;
(39) To regulate the enclosure of any common field belonging to or within the limits of such town; and
(40) To pass such other bylaws and ordinances for the regulation and police of such town and commons thereto appertaining as they shall deem necessary, not repugnant to and contrary to the laws of the state.
(RSMo 1939 § 7248) Prior revisions: 1929 § 7097; 1919 § 8547; 1909 § 9436 CROSS REFERENCES: Auctioneers, not maintaining a business office in municipality, exempt from license, 71.620 Farmers, selling own produce, exempt from license, 150.030 (1955) Where retail supermarket store building was located partly in village and partly in fourth class city, each could impose on operator thereof a merchant's license tax (or privilege tax) measured by gross sales of supermarket, and village tax was valid although most of sales were without its boundaries. Food Center of St. Louis v. Village of Warson Woods (Mo.), 277 S.W.2d 573. (1965) Insofar as this section purports to permit a charter city to annex territory by ordinance alone it is unconstitutional. City of Hannibal v. Winchester (Mo.), 391 S.W.2d 279.
