[Ord. No. 19-11, 6-27-2019]
The City's Law Enforcement Officer shall be responsible for
administering and enforcement of this Chapter. The Law Enforcement
Officer is authorized to inspect any facility to determine compliance
with this Chapter.
[Ord. No. 19-11, 6-27-2019]
A.
It
shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such persona shall be fined
up to the Statutory maximum fine as provided by Missouri law for a
municipal ordinance violation (five hundred dollars ($500.00)) or
be punished by imprisonment (ninety (90) days) as provided by Missouri
law for a municipal ordinance violation, or be punished by both such
fine and imprisonment. Each day's violation of or failure, refusal
or neglect to comply with any provision of this Chapter shall constitute
a separate and distinct offense. The penalties provided in this Section
are cumulative and in addition to and are separate from any civil
action to enforce this Chapter.
B.
Violation
of any provision of this Chapter by a licensee shall result in forfeiture
of the licensee's City business license.
[Ord. No. 19-11, 6-27-2019]
With or without the initiation of criminal prosecution or any
other legal proceedings, the City may apply to the appropriate court
for injunctive relief, which would require the correction or abatement
of any violation of this Chapter. The initiation or exhaustion of
one (1) of these enforcement proceedings shall not be a prerequisite
to the initiation of any other of these enforcement proceedings. Different
types of enforcement proceedings may be pursued concurrently.
[Ord. No. 19-11, 6-27-2019]
All ordinances, codes, regulations and orders or parts thereof
in conflict with the provisions of this Chapter shall not apply.
[Ord. No. 19-11, 6-27-2019]
In adopting this Chapter the Board of Aldermen is relying on
and does not waiver or intend to waive any of the monetary limitations
or any other rights, immunities and protections provided by the Sections
537.600 and 537.610, RSMo., as from time to time amended, or any other
limitation, right, immunity, or protection otherwise available to
the City, its officers or its employees.
[Ord. No. 19-11, 6-27-2019]
By accepting a business license, the facility licensee releases
the City, its officers, elected officials, employees, attorneys and
agents from any liability for injuries, damages or liabilities of
any kind that may result from any arrest or prosecution of facility
owners, operators, employees, clients or customers for a violation
of City, State or Federal laws, rules or regulations. The City Clerk
may require a facility licensee to execute a written instrument confirming
the provisions of this Chapter.
[Ord. No. 19-11, 6-27-2019]
By accepting a business license, a facility licensee, jointly
and severally, if more than one (1), agrees to indemnify and defend
the City, its officers, elected officials,. employees, attorneys,
agents, and insurers against all liability, claims and demands, on
account of injury, loss or damage, including, without limitation,
claims arising from bodily injury, personal injury, sickness, disease,
death, property loss or damage, or any other loss of any kind whatsoever
which arise out of or are in any manner connected with the operation
of a facility that is the subject of Amendment 2. The facility licensee
further agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims, or demands
at its own expenses, and to bear all other costs and expenses related
thereto, including court costs and attorney fees. The City Clerk may
require a licensee to execute a written instrument confirming the
provisions of this Chapter.
[Ord. No. 19-11, 6-27-2019]
The provisions of this Chapter do not protect facility licensees,
operators, employees, customers and clients of a facility from prosecution
pursuant to any laws that may prohibit cultivation, sales, use or
possession of controlled substances. In addition, as of the date of
the adoption of this Chapter (6-27-2019) the cultivation, sale, possession.
distribution and use of marijuana remain violations of Federal and
State law (except for conduct covered by Amendment 2), and this Chapter
affords no protection against prosecution under such Federal and State
laws. Licensees, operators, employees, customers and clients of a
facility assume any and all risk and any and all liability arising
or resulting from the operation of a facility under any City, State
or Federal law. Further, to the greatest extent permitted by law,
any actions taken under the provisions of this Chapter by any public
officer or officers, elected or appointed officials, employees, attorneys
and agents of the City shall not become a personal liability of such
person of the City.
[Ord. No. 19-11, 6-27-2019]
It is hereby declared to be the intention of the Board of Aldermen
that the Sections, paragraphs, sentences, clauses and phrases or this
Chapter are severable, and if any phrase, clause, sentence, paragraph
or Section of this Chapter shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and Sections of this Chapter, since
the same would have been enacted by the Board of Aldermen without
the incorporation in this Chapter of any such unconstitutional phrase,
clause, sentence, paragraph or Section.
