[Ord. No. 12192016C § VIII, 12-19-2016]
A. Definitions.
COLLISION
The act of motor vehicle coming into contact with an object
or a person.
INJURES
To cause physical harm to the body of a person.
MOTOR VEHICLE
Any automobile, truck, truck-tractor, or any motor bus or
motor propelled vehicle not exclusively operated or driven on fixed
rails or tracks.
UNATTENDED
Not accompanied by an individual fourteen (14) years of age
or older.
B. A person commits the offense of leaving a child unattended in a motor
vehicle if such person knowingly leaves a child less than eleven (11)
years of age unattended in a motor vehicle and such child injures
another person by causing a motor vehicle collision or by causing
the motor vehicle to injure a pedestrian.
C. The offense of leaving a child unattended in a motor vehicle is an
ordinance violation.
[Ord. No. 143B §5, 6-7-1971; Ord. No. 12192016C § XV, 12-19-2016; Ord. No. 08062018, 8-6-2018]
A. No person shall sell or distribute any tobacco product or electronic
tobacco product to persons under twenty-one (21) years of age. This
Subsection shall not apply to the distribution by family members on
property that is not open to the public.
B. All vending machines that dispense tobacco products or electronic tobacco products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than twenty-one (21) years of age from purchasing any tobacco product or electronic tobacco product from such machine or shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than twenty-one (21) years of age are not permitted or prohibited by law. An owner of an establishment whose vending machine is not in compliance with provisions of this Subsection shall be subject to the penalties contained in Subsection
(D) of this Section. A determination of non-compliance may be made by a local law enforcement agency or the Division of Alcohol and Tobacco Control. Nothing in this Section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.
C. It shall be unlawful for any person to engage in tobacco product
or electronic tobacco product distribution to persons under twenty-one
(21) years of age.
D. Any person, including, but not limited to, a sales clerk, owner or operator, who violates Subsection
(A),
(B), or
(C) shall be fined as follows:
1.
For the first offense, twenty-five dollars ($25.00);
2.
For the second offense, one hundred dollars ($100.00); and
3.
For a third and subsequent offense, two hundred fifty dollars
($250.00).
E. The owner of an establishment at which tobacco products or electronic
tobacco products are sold at retail or distributed or through vending
machines shall cause to be prominently displayed in a conspicuous
place at every display from which tobacco products or electronic tobacco
products are sold or distributed and on every vending machine where
tobacco products are purchased a sign that shall contain in lettering
at least one-half (1/2) inch high on a white background, the following:
"IT IS A VIOLATION OF THE CITY OF PECULIAR CITY CODE FOR TOBACCO
PRODUCTS OR ELECTRONIC TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER
THE AGE OF TWENTY-ONE (21)."
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F. A person selling or distributing tobacco products or electronic tobacco
products shall require proof of age from a prospective purchaser or
recipient if an ordinary person would conclude on the basis of appearance
that such prospective purchaser or recipient may be under the age
of twenty-one (21).
G. Any owner of the establishment where tobacco products or electronic tobacco products are sold or distributed who violates Subsection
(C) of this Section shall not be penalized pursuant to this Section if such person documents the following:
1.
An in-house or other tobacco compliance employee training program
was in place to provide the employee with information on the State
and Federal regulations regarding sales of tobacco products or electronic
tobacco products to minors. Such training program must be attended
by all employees who sell tobacco products, alternative products or
electronic tobacco products to the general public;
2.
A signed statement by the employee stating that the employee
has been trained and understands the State laws and Federal regulations
regarding the sale of tobacco to minor products or electronic tobacco
products; and
3.
Such in-house or other tobacco compliance training meets the
minimum training criteria, which shall not exceed a total of ninety
(90) minutes in length, established by the Division of Alcohol and
Tobacco Control.
H. The exemption in Subsection
(G) of this Section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products or electronic tobacco products are available for sale if:
1.
Four (4) or more violations per location of Subsection
(C) of this Section occur within a one-year period; or
2.
Such person knowingly violates or knowingly allows his/her employees to violate Subsection
(C) of this Section.
I. If a sale is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in Subsections
(A),
(B), and
(C) of this Section.
J. A person cited for selling or distributing any tobacco product or electronic tobacco product to any individual less than twenty-one (21) years of age in violation of Subsection
(A),
(B) or
(C) of this Section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was twenty-one (21) years of age or older.
K. Any person adversely affected by this Section may file an appeal
with the Administrative Hearing Commission which shall be adjudicated
pursuant to the procedures established in Chapter 621, RSMo. (RSMo.
§ 407.931, 2014)
L. Definitions. As used in this Section, the following terms shall have
the meanings indicated:
DISTRIBUTE or DISTRIBUTION
To furnish, give, provide, or to attempt to do so, whether
gratuitously or for any type of compensation.
DISTRIBUTOR
A person who distributes a tobacco product.
ELECTRONIC TOBACCO PRODUCT
Any device that can be used to deliver aerosolized or vaporized
nicotine to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah.
Electronic smoking device includes any component, part, or accessory
of such a device, whether or not sold separately, and includes any
substance intended to be aerosolized or vaporized during the use of
the device. Electronic smoking device does not include drugs, devices,
or combination products authorized for sale by the U.S. Food and Drug
Administration, as those terms are defined in the Federal Food, Drug
and Cosmetic Act.
PERSON
Any natural person, partnership, joint venture, society,
club, trustee, trust, association, organization, or corporation, or
any officer, agent, employee, factor, or any other personal representative
thereof, in any capacity.
PROOF OF AGE
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
RECIPIENT
Any person who obtains or attempts to obtain a tobacco product.
TOBACCO PRODUCT
Any product that is made from or derived from tobacco, and
is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by
any other means, including, but not limited to, a cigarette, a cigar,
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking
and/or vaping device. The term includes any component or accessory
used in the consumption of a tobacco product, such as filters, rolling
papers, pipes, or liquids used in electronic smoking and/or vaping
devices. Tobacco product does not include drugs, devices, or combination
products authorized for sale by the U.S. Food and Drug Administration,
as those terms are defined in the Federal Food, Drug and Cosmetic
Act. This is to include a tobacco product distributed to members of
the general public at no cost or at nominal cost for product promotional
purposes.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products or electronic tobacco products.
[Ord. No. 11012021A, 11-1-2021]
A. It shall be unlawful for any parent, legal guardian, or other person,
by their acts, to:
1.
Encourage any juvenile to smoke or use marijuana (except as
authorized by law); or
2.
Encourage any juvenile to use any controlled substance as defined
in Chapter 195, RSMo., or
3.
Encourage, cause or contribute to the delinquency of such a
juvenile so that the juvenile may become a delinquent or neglected
child as defined by the Statutes of this State.
[Ord. No. 143B §6, 6-7-1971]
No boy under ten (10) years and no girl under sixteen (16) years
of age shall sell, or expose or offer for sale, newspapers, magazines,
periodicals, or other merchandise, in any street or any other public
place. No parent, guardian, or other person having the legal custody
of any boy under the age of ten (10) years or any girl under the age
of sixteen (16) years shall permit such boy or girl to sell, or expose
or offer for sale, any such publications or merchandise in the street
or any other public place. No person shall knowingly sell to any boy
under the age of ten (10) years or any girl under the age of sixteen
(16) years, any merchandise, magazines, newspapers, or periodicals
for the purpose of sale by such boy or girl upon the streets of the
City or in any other public place.
[Ord. No. 143B §7, 6-7-1971; Ord. No. 042004C §1, 4-20-2004]
A. False Identification. It shall be unlawful for a minor to
make false statements, or to furnish, present, or exhibit any fictitious
or false registration card, identification card, or note or other
document, or to furnish, present, or exhibit such documents or document
issued to a person other than the one presenting the same, for the
purpose of gaining admission to prohibited places or for the purpose
of procuring the sale, gift, or delivery of prohibited articles, including
beer, liquor, or wine.
B. It
shall be unlawful for a minor to engage or utilize the services of
any other person, whether for remuneration or not, to procure for
such minor any article which the minor is forbidden by law to purchase.
C. Clinging to Moving Vehicles. It shall be unlawful for any
minor to hang on to any moving vehicle.
[Ord. No. 051705 §§1 — 4, 5-17-2005]
A. No
parent, guardian or other person in this City having charge, control
or custody of a child between the age of seven (7) years and sixteen
(16) years shall, without excuse or exemption, knowingly permit such
child to absent himself from any public, private, parochial, parish
or home school on such dates and during such hours that such school
may regularly be in session.
B. No
parent, guardian or other person who has registered a child to attend
school within the corporate limits of the City of Peculiar, Missouri,
shall, without excuse or exemption, knowingly permit such child to
absent himself from any public, private, parochial, parish or home
school on such dates and during such hours such school may regularly
be in session.
C. In
addition to other relevant evidence, such parent, guardian or other
person shall be deemed to have the knowledge of a child's continued,
unexempted, unexcused absence from the school after having received
initial notification of same from a Police Officer or school representative.
D. Any person convicted of a violation of this Section shall be fined
not less than fifty dollars ($50.00) nor more than two hundred dollars
($200.00) for the first violation, two hundred seventy-five dollars
($275.00) for the second violation, three hundred fifty dollars ($350.00)
for the third violation, and four hundred fifty dollars ($450.00)
for the fourth and any subsequent violations, for offenses committed
within a twelve-month period; or imprisoned not more than five (5)
days in jail, or by both fine and jail. Each day that any violation
hereunder continues shall constitute a separate offense, subject to
the penalty provided in this Section.
[Ord. No. 12052016 § XIV, 12-5-2016]