A person commits the offense of possession of marijuana or any
synthetic cannabinoid, as both terms are defined in Section 195.010,
RSMo., if he or she knowingly possesses marijuana or any synthetic
cannabinoid, except as authorized by Chapter 579 or Chapter 195, RSMo.
A person commits the offense of possession of a controlled substance,
as defined in Section 195.010, RSMo., if he or she knowingly possesses
a controlled substance, except as authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo.
A person commits the offense of unlawful possession of drug
paraphernalia if he or she knowingly uses, or possesses 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 Chapter 579,
RSMo., or Chapter 195, RSMo.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl
nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their
iso-analogues 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.
It is unlawful for any person to deliver, possess with intent
to deliver, or cause to be delivered any imitation controlled substance.
[Ord. No. 3054 §1, 4-2-2012]
A. For
the purpose of this Section, the following terms are defined:
ALCOHOLIC BEVERAGE
Any alcoholic liquor as defined now and hereafter by the
Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined
by Section 311.020, RSMo.
CONTROL
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
DRUG
For the purposes of this Section, a controlled substance
as defined and described now or hereafter by the Revised Statutes
of Missouri. Currently, controlled substances are defined and described
by Sections 195.005 — 195.425, RSMo. (Chapter 195).
ENFORCEMENT SERVICES
The salaries and benefits of Police Officers or other code
enforcement personnel for the amount of time actually spent in responding
to, or in remaining at, the open house party, gathering or event and
the administrative costs attributable to the incident; the actual
cost of any medical treatment to injured Police Officers or other
code enforcement personnel; the cost of repairing any damaged City
equipment or property; and the cost arising from the use of any damaged
equipment in responding to or remaining at the party, gathering or
event.
MINOR
A person not legally permitted by reason of age to possess
or purchase alcoholic liquor as described now or hereafter by the
Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering, party or event at a residence or premises
of a person who is the:
1.
Person(s) who owns, rents, leases or otherwise has control of
the premises where the party, gathering or event takes place;
2.
The person(s) in charge of the premises at the time of the social
gathering, party or event; or
3.
The person(s) who organized the social gathering, party or event.
PERSON(S) RESPONSIBLE FOR THE EVENT
Includes, but is not limited to:
1.
The person(s) who owns, rents, leases or otherwise has control
of the premises where the party, gathering or event takes place;
2.
The person(s) in charge of the premises; or
3.
The person(s) who organized the event. If a person responsible
for the event is a juvenile, then the parents or guardians of that
juvenile will be jointly and severally liable for the costs incurred
for enforcement services pursuant to this Section.
RESIDENCE OR PREMISES
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of a dwelling unit or
a hall, meeting room or other place of assembly, whether occupied
as a dwelling or specifically for social functions and whether owned,
leased, rented or used with or without compensation.
B. Prohibited Activities. No person who is:
1. The person(s) who owns, rents, leases or otherwise has control of
the premises where the open house party, gathering or event takes
place;
2. The person(s) in charge of the premises; or
3. The person(s) who organized the event, whether present at the premises
or not, shall allow an open house party to take place at any premises
if any alcoholic beverage or drug is possessed or consumed at, within
or on said premises by any minor where said person knew, or reasonably
should have known, that any alcoholic beverage or drug was in the
possession of or being consumed by a minor at said premises and where
said person failed to take reasonable steps to prevent the possession
or consumption of the alcoholic beverage or drug by a minor at the
residence or premises.
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The provisions of this Subsection shall not apply to:
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1.
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The consumption, use or possession of a drug by a minor pursuant
to a lawful prescription for each drug.
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2.
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Religious observances or prescribed medical treatments.
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3.
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The possession by a minor of alcoholic beverages or lawfully
prescribed drugs incidental to the lawful employment of such minor.
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C. Penalty.
1. Any person violating any provision of this Section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not more than five hundred dollars ($500.00) or by imprisonment
for not more than ninety (90) days, or by both such fine and imprisonment.
2. When an open house party, gathering or event occurs on private property
and any alcoholic beverage or drug is possessed or consumed at said
premises by any minor and a Police Officer at the scene determines
that there is a threat to the public peace, health, safety or general
welfare, the person(s) responsible for the event may, upon conviction,
have the cost of providing enforcement services to control the threat
to the public peace, health, safety or general welfare assessed against
said person(s) by the judge of the Municipal Court as court costs.
The amount assessed as a court costs for enforcement services may
include the cost of personnel and equipment but shall not exceed one
thousand dollars ($1,000.00) for a single social gathering, party
or event.
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Such amount assessed as costs is deemed to be supplementary
and additional to all other applicable fines and penalties; and the
City does not hereby waive its right to seek reimbursement for actual
costs exceeding the above amount through other legal remedies or procedures.
Any person owing money shall be liable in an action brought in the
name of the City for recovery of such amount, including reasonable
attorney fees.
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It shall be unlawful for any person in this state 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 courthouse
within this state and any person or persons so doing shall be guilty
of a misdemeanor; unless, however, the circuit court has by local
rule authorized law library associations to conduct social events
after business hours in any courthouse.