[Ord. No. 03-02-23, 3-27-2023]
A. A
person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance or controlled
substance analog, as those terms are defined in Section 195.010, RSMo.,
except as authorized by Chapter 579, RSMo., Chapter 195, RSMo., but
excluding the possession of marijuana if the amount is three (3) ounces
or less.
B. In
any complaint, information, or indictment, and in any action or proceeding
brought for the enforcement of any provision of this Section, it shall
not be necessary to include any exception, excuse, proviso, or exemption
contained in this Section, Chapter 579, RSMo., or Chapter 195, RSMo.,
and the burden of proof of any such exception, excuse, proviso or
exemption shall be upon the defendant.
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.
[R.O. 2013 § 225.200; Ord. No.
KK439 § 1, 2-4-1991; Ord. No. 10-02-19, 10-28-2019]
A. It shall be unlawful for any person to drink or encourage another
to drink or open any container or any original package containing
intoxicating liquor or malt liquor in or upon any public streets,
alleys, sidewalks, parks or public thoroughfares of the City or in
any railway station, bus station, theater, picture show house, bus,
taxi or other public conveyance or any public school building or church;,
unless authorized by another ordinance. Insofar as the Section applies,
it shall be considered evidence of drinking for a person to have in
this possession an open bottle, can or other open container of intoxicating
liquor or malt liquor.
B. The Board of Alderman may, by majority vote of the Board, authorize
the issuance of a special permit which shall temporarily exempt from
this Section, special events, fairs, or other social gatherings. This
permit shall specify the specific location which shall be exempted
from this Section and shall only remain in effect for the duration
of the special event, fair, or other social gathering. Issuance of
a special permit shall not affect the enforcement of this Section
at any other location not named in the permit.
C. The Chief of Police shall be authorized to revoke any special permit
issued pursuant to this Section when the excessive consumption of
any intoxicating liquor or malt liquor can be shown to be a contributing
factor to any breach of the peace or other disturbance and the Chief
of Police reasonably believes it to be in the interest of public safety.
D. For the purposes of this Section, the following definitions shall
apply:
INTOXICATING LIQUOR
Alcoholic spirituous, vinous, fermented, malt or other liquors
or combinations of liquor, a part of which is spirituous, vinous or
fermented, and all preparation or mixtures for beverage purposes containing
in excess of one-half of one percent (0.5%) of alcohol by volume.
MALT LIQUOR
That intoxicating liquor manufactured from hops or extract
of hops or barely malt or wholesome grains or cereals and wholesome
yeast and water containing in excess of one-half of one percent (0.5%)
of alcohol by volume and commonly called and known as "beer."
ORIGINAL PACKAGE
At least one (1) container of not less than eight (8) ounces
of any intoxicating liquor or malt liquor.
E. The
prohibition in this Section shall not apply to the possession or consumption
of intoxicating liquor or malt liquor in or at the following public
facilities:
[Ord. No. 10-02-19, 10-28-2019]
1. The Lawson City Lake Property, including all grounds, areas, facilities
or amenities thereupon.