For the purposes of this Article, the following words and phrases
are defined as follows:
CRIMINAL ACT
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Weatherby Lake, including curfew and moving traffic violations.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17).
PARENT
The natural father or mother or the adoptive father or mother.
PARENTAL NEGLECT
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any criminal act.
[CC 1984 §16.110; Ord. No. 267, 7-17-1984; Ord. No.
300, 12-16-1986]
It shall be unlawful for any person by his/her conduct to encourage
any person under the age of eighteen (18) years to use any controlled
substance, as the same may be or may hereafter be defined by Chapter
195, RSMo., except for his/her parent or guardian, or to encourage
any person under the age of twenty-one (21) years to drink any intoxicating
liquor or beer or to encourage, cause or contribute to the delinquency
of any juvenile so that such juvenile may become a delinquent or neglected
child as defined by the Statutes of this State.
[Ord. No. 616 §1, 12-17-2002]
A. No
person under the age of twenty-one (21) years shall purchase, use,
attempt to purchase, attempt to use or have in his/her possession
or be under the influence of any intoxicating liquor or beer. For
purposes of prosecution under this Section, a manufacturer-sealed
container describing that there is intoxicating liquor or non-intoxicating
beer therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor or non-intoxicating beer
in such container. The alleged violator may allege that there was
no intoxicating liquor or non-intoxicating beer in such container,
but the burden of proof of such allegation is on such person, as it
shall be presumed that such a sealed container describing that there
is intoxicating liquor or any non-intoxicating beer therein contains
intoxicating liquor or non-intoxicating beer.
B. No
adult over the age of eighteen (18) years shall purchase, provide,
distribute, sell or allow access of any intoxicating liquor or beer
to any minor under the age of twenty-one (21) years of age. No adult
shall allow any minor to possess, use, consume or purchase alcohol
when the minor is in the adult's presence, supervision or a guest
in the adult's dwelling.
C. It
shall be unlawful for any adult to allow a minor in his/her presence
to possess, use or consume any intoxicating beverages or where the
adult may know or reasonably should have known that any intoxicating
beverage was in the possession, use or being consumed by a minor in
a dwelling over which the adult had control, supervision or responsibility
and where the adult failed to take reasonable steps to prevent the
possession, use or consumption of the intoxicating beverage at the
adult's residence, dwelling or property.
D. The
provisions of this Section shall not apply to:
1. The consumption, use or possession of a drug or intoxicating beverage
by a minor pursuant to the lawful prescription for said drug or beverage.
2. Religious observance or prescribed medical treatments.
3. The possession by a minor of alcoholic beverages or lawfully prescribed
drugs incidental to the lawful employment of such minor.
E. Any
person violating any provision of this Section shall, upon conviction,
be deemed guilty of a misdemeanor and fined a sum not less than one
dollar ($1.00) nor more than five hundred dollars ($500.00) or imprisoned
for a term not to exceed ninety (90) days or by both fine and imprisonment.