[Ord. of 5-7-1945, § 1]
It shall be unlawful for any person to engage in fortunetelling
within the City.
[Ord. of 5-1-1933, § 1; Ord.
No. 92-82 § 1, 6-8-1992]
It shall be unlawful for any person to distribute any handbills
or pamphlets to the premises of any person within the City without
the consent of the person occupying said premises.
[1]
Editor's Note: Former Section 18-3, Keeping Bees, adopted
and amended by Rev. Ord. No. 70 §1, 10-21-1912, was repealed
7-28-2015 by Ord. No. 2015-21 §2.
[Rev. Ord. No. 34, § 7, 10-21-1912]
If any person, in the City, shall dig or cause to be dug, or
shall make any excavation in or adjoining any highway, thoroughfare
or other public place, or shall dig any well, cistern or vault, or
shall leave the same open or exposed and without a sufficient fence
or other protection around it, or shall suffer or permit any cellar
door or grating, opening on any highway or thoroughfare, to be and
remain open or in an unsafe or dangerous condition, whereby persons
may be in danger of falling on or over such cellar door, or into such
cellar or vault, the person so offending shall be deemed guilty of
a misdemeanor.
[Rev. Ord. No. 34, § 27, 10-21-1912]
A.
It shall be unlawful for any person in the City to enter any schoolhouse
or church house in which there is an assemblage of people, met for
a lawful purpose, or any courthouse, in a drunken or intoxicated and
disorderly condition, or to drink or offer to drink any intoxicating
liquors in the presence of such assembly of people, or in any courtroom
in the City.
B.
It shall be unlawful for any person in the City to attend or be in
any other public place, in a drunken or intoxicated and disorderly
condition, and any person so doing shall be guilty of a misdemeanor.
As used in this Section, the term "public place" includes
but is not limited to any common carrier, building street, lane, park
or place of public resort, recreation or amusement other than a privately
owned and operated business establishment.
[1]
State Law Reference — For similar provisions,
see RSMo. § 574.075.
Every person who may be found loitering around houses of ill-fame,
gambling houses or places where liquors are sold or drunk, without
any visible means of support, or shall attend or operate any gambling
device or apparatus, or be engaged in practicing any trick or device
to procure money or other thing of value, or shall be engaged in any
unlawful calling whatever, and every able-bodied married man who shall
neglect or refuse to provide for the support of his family, and every
person found tramping or wandering around from place to place without
any visible means of support, shall be deemed guilty of a misdemeanor.
[1]
State Law Reference — For similar provisions,
see RSMo. § 568.040.
[Rev. Ord. No. 34, § 99, 10-21-1912]
Whoever shall, in the City, falsely represent himself to be
an officer of the City, or shall, without being lawfully authorized,
exercise any of the duties, functions or powers of an officer of the
City, or shall hinder, obstruct, resist or otherwise interfere with
an officer of the City in the discharge of his official duty, or attempt
to rescue any person from the custody of any such officer, shall be
deemed guilty of a misdemeanor.
[1]
State Law Reference — Impersonating an officer,
RSMo. § 575.120.
[Ord. No. 80-16 § 1, 9-2-1980]
It shall be unlawful for any person to swear out, declare, sign
or execute any affidavit or statement which shall directly cause or
contribute to cause any other person to be charged with any violation
of any Lexington Municipal Ordinance, when the affiant shall know
said affidavit to be false.
[1]
State Law Reference — For similar provisions,
see RSMo. § 570.030.
[Ord. No. 81-04 §§ 1-5, 3-3-1981]
A.
The passing of a bad check in the City of Lexington, Missouri, to
any person, firm or corporation is hereby prohibited.
B.
A person commits the offense of passing a bad check, when, with the
purpose to defraud, he issues or passes a check or other similar sight
order for the payment of money, knowing that it will not be paid by
the drawee, or that there is no such drawee.
C.
If the issuer had no account with the drawee or if there were no
such drawee at the time the check or order was issued, this fact shall
be prima facie evidence of his purpose to defraud and of his knowledge
that the check or order would not be paid.
D.
If the issuer has an account with the drawee, failure to pay the
check or order within ten (10) days after notice in writing that it
has not been honored because of insufficient funds or credit with
the drawee is prima facie evidence of his purpose to defraud and of
his knowledge that the check or order would not be paid. Written notice
as used in this Section means notice deposited as first class mail
in the United States Mail and addressed to the issuer at his address
as it appears on the dishonored check or to his last known address.
[Ord. No. 88-25 §§ 1-3, 12-13-1988]
A.
A person commits the offense of resisting or interfering with arrest
if, knowing that a Law Enforcement Officer is making an arrest, for
the purpose of preventing the Officer from effecting the arrest, he:
B.
This Section applies to arrest with or without warrants and to arrest
for any crime or ordinance violation.
C.
Resisting or interfering with arrest is punishable by a fine of up
to five hundred dollars ($500.00) and/or up to ninety (90) days in
jail.
[1]
State Law Reference — For similar provisions,
see RSMo. § 575.160.
[Ord. No. 2021-08[1], 5-25-2021; Ord. No. 2023-02, 3-14-2023]
As used in this Chapter, the following terms shall mean:
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
A drug, substance or immediate precursor in Schedules I through
V listed in Chapter 195, RSMo.
The actual, constructive or attempted transfer from one (1)
person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
Lysergic acid diethylamide; or
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery. "Dispenser" means a practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
All equipment, products and materials of any kind which are
used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of Sections 195.005 to 195.425, RSMo. It includes, but
is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
Reserved.
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material,
except those for use with marijuana, cigarette, that has become too
small or too short to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
In determining whether an object, product, substance, or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this Chapter or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Chapter or Chapter 579, RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this Chapter or Chapter 579, RSMo., shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
Including lysergic acid diethylamide, mescaline, psilocybin,
and various types of methoxyamphetamines.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration-approved
package, with the Federal Food and Drug Administration-approved labeling
information.
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect.
Whether the substance is packaged in a manner normally used
for illicit controlled substances.
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud.
The proximity of the substances to controlled substances.
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance which it is alleged to imitate. Furthermore,
an imitation controlled substance does not include a placebo or registered
investigational drug either of which was manufactured, distributed,
possessed or delivered in the ordinary course of professional practice
or research.
Stimulants such as amphetamines and methamphetamines.
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Persons required to obtain annual registration as issued
by the State Division of Health as provided by Section 195.030, RSMo.
The production, preparation, propagation, compounding, or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance by an individual for his/her own use or the preparation,
compounding, packaging or labeling of a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching
or chemical analysis and not for sale.
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to, Cannabis sativa L., except
industrial hemp, Cannabis indica, Cannabis americana, Cannabis ruderalis,
and Cannabis gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, sale, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Section shall be construed
as conferring on a person who is not registered or licensed as a pharmacist
any authority, right or privilege that is not granted to him/her by
the pharmacy laws of this State.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's
application for an identification card under the provisions of Article
XIV, Section 1, of the Missouri Constitution or in other written notification
to the Missouri Department of Health and Senior Services.
Includes the manufacture, planting, cultivation, growing
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined by Article XIV, Section 1, of the Missouri
Constitution.
A person who, in the usual course of business, stores drugs
for others, lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he/she himself/herself has
not produced or prepared, on official written orders, but not on prescriptions.
[1]
Editor's Note: This ordinance repealed former Section 18-11,
Controlled Substances, derived from Ord. No. 94-17 § 1, 6-14-1994.
[1]
Editor's Note: Former Section 18-12, Possession of Marijuana;
Penalty, was repealed 3-14-2023 by Ord. No. 2023-02. Prior history
includes Ord. No. 94-18 and Ord. No. 2021-08.
[Ord. No. 2021-08, 5-25-2021; Ord. No. 2023-02, 3-14-2023]
No person shall use, or possess with intent to use, drug paraphernalia
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 or an imitation controlled substance
in violation of City ordinance or Section 195.005 to Section 195.425,
RSMo. Notwithstanding the preceding language, this offense does not
apply to marijuana paraphernalia. Any person violating this Section
shall be fined not less than one hundred dollars ($100.00), nor more
than five hundred dollars ($500.00), or shall be imprisoned for three
(3) months, or shall be both fined and sentenced.
[Ord. No. 2021-08, 5-25-2021; Ord. No. 2023-02, 3-14-2023]
A.
Residential Cultivation, Medical And Recreational Marijuana.
1.
To the extent allowed by State law, marijuana for medicinal purposes
may be cultivated in a residential structure, provided:
a.
The structure is the primary residence of a primary caregiver or
qualifying patient and the marijuana is grown solely for the use of
the qualifying patient who resides there or who is under the care
of the primary caretaker.
b.
The residence has operating systems to assure that the emission of
fumes or vapors connected with the cultivation are not allowed out
of the building, or if the residence is in a multi-family building,
that such fumes and vapors are not allowed into any other residence.
2.
To the extent allowed by State law, marijuana for recreational purposes
may be cultivated in a residential structure, provided:
a.
Cultivation is limited to six (6) flowering, six (6) non-flowering,
and six (6) clone plants and must be for non-commercial use.
b.
The residence has operating systems to assure that the emission of
fumes or vapors connected with the cultivation is not allowed out
of the building, or if the residence is a multi-family building, that
such fumes and vapors are not allowed into any other residence.
c.
The cultivation must comply with the requirements of the Department
and the person cultivating must have obtained a registration card
from the Department.
d.
The plants and any marijuana produced by the plants in excess of
three (3) ounces must be kept at one (1) private residence and in
a locked place.
e.
Not more than twelve (12) flowering marijuana plants may be kept
in or on the grounds of a private residence at one (1) time.
f.
That marijuana plants may not be visible by normal, unaided vision
from a public place.
3.
No manufacturing of marijuana products shall occur in any residence.
4.
The cultivation must comply with the security and other requirements
of State law and the rules of the Division of Health and Senior Services.
5.
The resident has notified the City Clerk, including providing proof
of eligibility, on a form provided by the City Clerk, so that Law
Enforcement and Code Officials will be aware that the cultivation
is lawfully taking place.
B.
Residential Consumption.
1.
Persons may consume marijuana in their private residence, or in the
residence of another with permission, but may not dispense or smoke
marijuana in such a manner that the marijuana smoke or odor, exits
the residence. If marijuana smoke or odor is capable of being detected
by a person of ordinary senses (including, but not limited to, any
Police Officer) beyond the property line of single-family home or
outside of the owned or leased premises of a duplex or multi-family
unit there shall be a rebuttable presumption that this Section has
been violated. In a multi-family or similar dwelling, medical marijuana
may not be dispensed or consumed in any common area.
2.
Violations of this provision shall be punishable by a fine not to
exceed one hundred dollars ($100.00).
C.
Illegal Possession And Transportation.
1.
No person under the age of twenty-one (21) years may possess, use,
ingest, inhale, transport, deliver with or without consideration,
marijuana or marijuana paraphernalia, except that qualified patients
under the age of twenty-one (21) years may possess medical marijuana
or paraphernalia to the extent allowed by law.
a.
If the violation of this Section involves three (3) ounces of marijuana
or less, the penalty shall be punishable by a fine not to exceed one
hundred dollars ($100.00).
2.
No person may possess more than three (3) ounces of recreational
marijuana nor more than allowed by law of medical marijuana.
3.
Illegal Growing.
a.
Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing more than six (6) flowering marijuana
plants, six (6) non-flowering marijuana plants [over fourteen (14)
inches tall], and six (6) clones [plants under fourteen (14) inches
tall]; or
b.
Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing marijuana plants without being registered
with the Department of Health and Senior Services for cultivation
of marijuana plants; or
c.
Failing to keep in excess of three (3) ounces of such plants in a
locked space not visible by normal, unaided vision from a public place;
or
d.
Growing or possessing such plants by a person under the age of twenty-one
(21) years.
4.
Sale To Persons Under Twenty-One (21). No person shall deliver to,
transfer to, or sell to persons twenty-one (21) years of age or younger
marijuana or marijuana paraphernalia.
5.
Penalties. Subject to the limitations of this Section, a person who
possesses not more than twice the amount of marijuana allowed pursuant
to this Subsection, produces not more than twice the amount of marijuana
allowed pursuant to this Subsection, delivers without receiving any
consideration or remuneration to a person who is at least twenty-one
(21) years of age not more than twice the amount of marijuana allowed
by this Subsection, or possesses with intent to deliver not more than
twice the amount of marijuana allowed by this Subsection:
a.
For a first violation, is subject to an ordinance violation punishable
by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture
of the marijuana;
b.
For a second violation and subsequent violations, is subject to an
ordinance violation punishable by a fine not exceeding five hundred
dollars ($500.00) and forfeiture of the marijuana;
c.
A person under twenty-one (21) years of age is subject to a fine
not to exceed two hundred fifty dollars ($250.00). Any such person
shall be provided the option of attending up to eight (8) hours of
drug education or counseling in lieu of the fine; and
d.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
D.
Motor Vehicle Offenses Involving Marijuana. It shall be unlawful
for any person to:
1.
Operating or being in physical control of any motor vehicle, train,
aircraft, motorboat, or other motorized form of transport while under
the influence of marijuana. Notwithstanding the foregoing, a conviction
of a person who is at least twenty-one (21) years of age for any applicable
offenses shall require evidence that the person was in fact under
the influence of marijuana at the time the person was in physical
control of the motorized form of transport and not solely on the presence
of tetrahydrocannabinol (THC) or THC metabolites, or a combination
thereof, in the person's system;
2.
Consumption of marijuana while operating or being in physical control
of a motor vehicle, train, aircraft, motorboat, or other motorized
form of transport while it is being operated;
3.
Smoking marijuana within a motor vehicle, train, aircraft, motorboat,
or other motorized form of transport while it is being operated.
E.
Possession Or Consumption Prohibited On Certain Property. If shall
be unlawful for a person to be in possession or consumption of marijuana
or possession of 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.
F.
Public Consumption.
1.
Smoking marijuana in a location where smoking tobacco is prohibited.
2.
Consumption of marijuana in a public place, other than in an area
authorized by the City for that purpose is prohibited.
3.
Restaurants serving food which contains marijuana must register with
the City and provide notice on all public entrances and on all menus
that certain food contains marijuana.
4.
Violation of this Section shall be punishable by a fine not to exceed
one hundred dollars ($100.00) for the first offense and not more than
five hundred dollars ($500.00) as well as confiscation of the marijuana
for subsequent offenses.
G.
Public Nuisances.
1.
The smell or noxious odor emitted from smoking, consumption, or cultivation
of marijuana by a person possessing a valid State-issued license shall
be treated as a public nuisance. Any odors emitted from cultivating
or consuming marijuana shall be treated as a public nuisance.
2.
It shall be unlawful of any person or entity to cultivate marijuana
in such a manner that constitutes a public nuisance. A public nuisance
may be deemed to exist if cultivating marijuana marijuana produces
light, glare, heat, noise, odor, or vibration that is detrimental
to public health, safety, or welfare, or interferes with reasonable
enjoyment of life and property.
[1]
Editor's Note: Former Section 18-12.3, Transportation Of Medical
Marijuana, was repealed 3-14-2023 by Ord. No. 2023-02. Prior history
includes Ord. No. 2021-08.
[Ord. No. 99-57 § 1, 2-8-2000]
A.
The offense of harassment in the City of Lexington, Missouri, of
any person, firm, or corporation is hereby prohibited.
B.
A person commits the offense of harassment if for the purpose of
frightening or disturbing another person, he does any of the following:
1.
Calls the victim on the phone or sends them a writing and threatens
to commit a felony; or
2.
Calls the victim on the phone or sends them a writing and uses coarse
language that would be offensive to the average person; or
3.
Makes an anonymous phone call to the victim; or
4.
Makes repeated phone calls.
C.
Any person, firm, or corporation violating any provision of this
Section, shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined not less than five dollars ($5.00) or more
than five hundred dollars ($500.00), or may be imprisoned in the City
or County Jail for not more than ninety (90) days, or both fine and
imprisonment together with court cost therein.
[Ord. No. 2014-25 §§ 1 — 7, 11-18-2014[1]]
A.
ACCUMULATED LITTER
AIRCRAFT
GARBAGE
HANDBILL
LITTER
NEWSPAPER
PARK
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
Definitions. For the purposes of this Section, the
following words and phrases shall have the meanings respectively ascribed
to them by this Subsection:
Litter of an amount and degree so as to constitute a nuisance.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
Putrescible animal and vegetable wastes resulting from the
handling, preparation and cooking and consumption of food.
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter or literature.
Garbage, refuse and rubbish and all other waste material
which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
A publication of general circulation printed, distributed
and subscribed to by the recipient which contains either news, opinions,
advertisements or other items of general interest, and in addition
thereto, shall mean and include any periodical or current magazine
regularly published with not fewer than four (4) issues per year,
and sold to the public.
A park, reservation, playground, beach, recreation center
or any other public area in the City, owned and/or used by the City
and developed to active or passive recreation.
Any dwelling, house, building, or other structure, designed
or used either wholly or in part for private purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include
any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other
structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds,
and buildings.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
B.
Litter In Public Places; Throwing Or Distributing Handbills
In Public Places. No person shall throw or deposit any handbill
in or upon any sidewalk, street or other public place within the City;
provided, however, that it shall not be unlawful on any sidewalk,
street or other public place within the City for a person to hand
out or distribute a handbill to any person willing to accept it.
C.
Depositing Handbill On Uninhabited Or Vacant Premises. No person shall throw or deposit any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
D.
Prohibiting Distributing Of Handbills Where Property Posted. No person shall throw, deposit, or distribute any handbill upon
any private premises if requested by anyone thereon not to do so,
or if there is placed on the premises in a conspicuous position near
the entrance thereof a sign bearing the words: "No Trespassing," "No
Peddlers or Agents," "No Advertisement," or any similar notice advising
that the occupants of the premises do not desire to be molested or
have their right of privacy disturbed or to have any handbills left
upon such premises.
E.
Distributing Handbills At Private Premises.
1.
No person shall throw, deposit, leave or distribute any handbill
in or upon private premises except by handing or transmitting such
handbill directly to the owner, occupant, or other person then present
in or upon such private premises; provided, however, that in case
of private premises which are not posted as provided above, such person
may place or deposit any such handbill in or upon such private premises.
This provision shall not be interpreted to authorize the placing of
handbills under or behind screens or entrance doors, or in mailboxes
when so prohibited by Federal postal law or regulations. This provision
shall not apply unless the owner of the property notifies the distributor
to cease throwing, depositing, leaving or distributing any handbill.
The owner of the property must also advise the City that the distributor
has been notified to cease distribution of handbills.
2.
The provisions of this Section shall not apply to the distribution
of mail by the United States, nor to political or campaign material
during an election year, nor to newspapers (as defined herein) except
that newspapers shall be placed on private property in such a manner
as to prevent their being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 18-14, Littering, adopted 3-14-2000 by Ord.
No. 99-59.
