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City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
Code
Zoning Map New Laws (20) Index Notes (18)
[1]
Editor's Note: Article XIV, Medical Marijuana, of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
[R.O. 2008 § 215.520; Ord. No. 5145.1 § 1, 2-22-2007]
A. 
For purposes of this Section, the phrase "public place" shall be defined as any place in a non-residential zoning district to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
B. 
Subject to the exceptions in Subsections (C) and (D) of this Section, a person commits the violation of "open container of an alcoholic beverage in a public place" if such person has in his or her possession an opened container of beer, wine or intoxicating liquor while in any public place.
C. 
Notwithstanding Subsection (B), this Section does not apply to the possession of any open container of an alcoholic beverage within any premises licensed to serve the same for consumption on the premises or licensed to conduct tasting or samplings of the same.
D. 
Notwithstanding Subsection (B), this Section does not apply to the possession of any open container of an alcoholic beverage:
1. 
On any portion of a public park other than parking areas;
2. 
On the grounds upon which a public festival, concert, sporting event or performing arts event is being conducted; or
3. 
On the premises of any convention facility or reception hall.
E. 
Any person violating the provisions of this Section shall be guilty of an ordinance violation punishable in accordance with Municipal Code Section 100.010.
[R.O. 2008 § 215.525; Ord. No. 5664 § 1, 1-13-2011; Ord. No. 5837 § 1, 12-13-2012; Ord. No. 7004, 3-9-2023]
A. 
Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person under the age of twenty-one (21) years to sell, offer to sell, give, or publicly display for sale, grow, cultivate, process, possess, compound or have under his/her control marijuana as defined in Article XIV of the Missouri Constitution, or any illegal smoking product.
B. 
As used in this Section, "illegal smoking product" shall include any controlled substance, controlled substance analogue, counterfeit substance, imitation controlled substance and synthetic cannabinoid as those terms are defined by Section 195.010, RSMo.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[R.O. 2008 § 215.530; Ord. No. 7004, 3-9-2023]
Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, RSMo.; provided, however, that this Section shall not prohibit a person twenty-one (21) years of age or older from possessing or having under his or her control marijuana as defined in Article XIV of the Missouri Constitution in quantities as specifically allowed in said Article.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[R.O. 2008 § 215.535]
A. 
The retail sale of methamphetamine precursor drugs shall be limited to:
1. 
Sales in packages containing not more than a total of three (3) grams of one (1) or more methamphetamine precursor drugs calculated in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine base; and
2. 
For non-liquid products, sales in blister packs, each blister containing not more than two (2) dosage units, or where the use of blister packs is technically infeasible, sales in unit dose packets or pouches.
B. 
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of an ordinance violation.
C. 
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
[R.O. 2008 § 215.540; Ord. No. 7004, 3-9-2023]
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by Section 195.010, RSMo., or an imitation controlled substance as defined by Section 195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.; provided, however, that this Section shall not prohibit a person twenty-one (21) years of age or older from possessing or having under his or her control marijuana accessories as defined in Article XIV of the Missouri Constitution.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[Ord. No. 7004, 3-9-2023]
A. 
It is unlawful for any person to possess or consume marijuana, or possess marijuana accessories, on the grounds of a public or private preschool, elementary or secondary school, institution of higher education, in a school bus, or on the grounds of any correctional facility, including any jail or detention facility.
B. 
It is unlawful for any person to consume or smoke marijuana, as defined in Article XIV of the Missouri Constitution, while: (a) operating, or (b) being in physical control of, or (c) being in, a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
C. 
It is unlawful for any person to consume marijuana in a public area, including parks, playgrounds, recreation facilities, festivals, in or along parades, sports arenas, and other areas open to public gathering and access; provided, however, that this restriction shall not apply to prohibit the preparation and consumption of marijuana-infused products as part of culinary dishes or beverages by restaurants within the City for on-site consumption on the same day it is prepared.
[R.O. 2008 § 215.550]
No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, or induce any other person to do so for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
[R.O. 2008 § 215.560]
A. 
No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
B. 
No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by Section 215.550 and this Section.
[R.O. 2008 § 215.700]
A. 
No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of Sections 215.550 and 215.560 hereof.
B. 
Any person who violates any provision of Sections 215.550 through 215.570 is guilty of an ordinance violation.