[Ord. No. 1225 §215.200, 5-21-1991]
No person shall consume or drink any intoxicating liquor of
any kind or any beer on any publicly owned property unless special
permission has been granted by the City.
[Ord. No. 2927, 12-5-2017]
A.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (0.2%) or more by weight of alcohol in such person's blood.
B.
Any
person under the age of twenty-one (21) years who purchases or attempts
to purchase, or has in his/her possession, any intoxicating liquor,
or who is visibly in an intoxicated condition as defined in Section
577.001, RSMo., shall be deemed to have given consent to a chemical
test or tests of the person's breath, blood, saliva or urine for the
purpose of determining the alcohol or drug content of the person's
blood. The implied consent to submit to the chemical tests listed
in this Subsection shall be limited to not more than two (2) such
tests arising from the same arrest, incident or charge. Chemical analysis
of the person's breath, blood, saliva or urine shall be performed
according to the methods approved by the State Department of Health
and Senior Services by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health and Senior
Services for this purpose. The State Department of Health and Senior
Services shall approve satisfactory techniques, devices, equipment
or methods to be considered valid and shall establish standards to
ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:
1.
The type of test administered and the procedure followed;
2.
The time of the collection of the blood or breath sample or urine
analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which is held by the person who
performed the test; and
5.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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"Full information" does not include manuals, schematics or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacture of the test instrument.
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C.
The
provisions of this Subsection shall not apply to a student who:
1.
Is eighteen (18) years of age or older;
2.
Is enrolled in an accredited college or university and is a student
in a culinary course;
3.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine or other similar malt or fermented beverage as part of the required
curriculum; and
4.
Tastes a beverage under Subsection (C)(3) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
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The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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[1]
Editor's Note: Former Section 215.180, Drugs, Drug Paraphernalia
and Imitation Controlled Substances, was repealed by Ord. No. 3177.
Prior history includes Ord. No. 1225 and Ord. No. 2656.
[Ord. No. 3177, 3-7-2023]
Any person who is in possession of medical marijuana shall,
immediately upon the request of any Law Enforcement Officer, produce
a valid permit issued by the Missouri Department of Health and Senior
Services (or its successor) for such possession, including, but not
limited to, a qualified patient identification card, a qualified caretaker
card, or a similar card issued by another State. Any person who fails
to produce such a permit upon request shall be guilty of the offense
of failure to produce a medical marijuana permit. Conviction of this
offense shall be punishable by a fine not to exceed fifty dollars
($50.00).
[Ord. No. 3177, 3-7-2023]
No person shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the licensee and designed to prohibit unauthorized access.
[Ord. No. 3177, 3-7-2023]
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 Sections 195.005 to 195.425, RSMo., except that this Section shall not be interpreted to apply to any marijuana accessories as that term is defined in § 640.010. Any person who violates the terms of this Section and either enters a plea of guilty or is found guilty of a violation of this Section shall, upon conviction, be fined not less than ten dollars ($10.00) 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 be imprisoned in the County Jail for up to ninety (90) days, or by both fine and imprisonment.
[Ord. No. 1225 §215.240, 5-21-1991]
A.
No
person shall engage in begging for money.
B.
No
person shall sell, solicit or offer for sale or peddle any article,
thing or personal service, except newspapers and magazines, in or
upon any street, sidewalk, alley, public place or public park, unless
he or any company he represents has the valid approval of the City.
[Ord. No. 1225 §215.250, 5-21-1991]
A.
A person
commits the offense of endangering the welfare of a child if:
1.
He knowingly or with criminal negligence acts in a manner that creates
a substantial risk to the life, body or health of a child less than
seventeen (17) years old; or,
2.
He knowingly encourages, aids, or causes a child less than seventeen
(17) years old to engage in any conduct which causes or tends to cause
a child to engage in behaviors or associations which are injurious
to the child's welfare or to the welfare of others; or,
3.
He knowingly encourages, aids or causes a child less than seventeen
(17) years old to engage in conduct which is a violation of State
law or municipal ordinance; or,
4.
Being a parent, guardian or other person legally charged with the
care or custody of a child less than seventeen (17) years old, he
knowingly or recklessly fails or refuses to exercise reasonable diligence
in the care or control of such child to prevent the child from engaging
in behaviors or associations which are injurious to the child's welfare
or to the welfare of others; or, such parent, guardian or other person
legally charged with the care or custody of such child, knowingly
or recklessly fails or refuses to exercise reasonable diligence in
the care or control of such child in order to prevent such child from
engaging in conduct which is a violation of State law or municipal
ordinance; or,
5.
He knowingly encourages, aids or causes a child less than twenty-one
(21) years of age to use or possess any controlled substance, as the
same is defined by Chapter 195, RSMo., or unlawfully drink or possess
any intoxicating liquor or beer.
A.
ALTERNATIVE NICOTINE PRODUCT
MINOR
TOBACCO PRODUCT
VAPOR PRODUCT
VENDING MACHINE
For
the purposes of this Section, the following words and terms shall
have the meanings as shown:
Any non-combustible product containing nicotine that is intended
for human consumption whether chewed, absorbed, dissolved or ingested
by any other means. Alternative nicotine product does not include
any vapor product, tobacco product or any product regulated as a drug
or device by the United States Food and Drug Administration under
Chapter V of the Food, Drug, and Cosmetic Act.
A person under twenty-one (21) years of age.
Any substance containing tobacco leaf, including, but not
limited to, blunt wraps, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco or dipping tobacco but does not include alternative
nicotine products or vapor products.
Any non-combustible product that employs a heating element,
power source, electronic circuit, or other electronic, chemical or
mechanical means, regardless of shape or size, which can be used to
produce vapor from a solution or other form that may or may not contain
nicotine. Vapor product includes any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product or
device and any vapor cartridge or container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. Vapor product does not include any alternative
nicotine product or tobacco product.
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco, tobacco products, alternative nicotine
products or vapor products upon the insertion of coins, trade checks,
slugs or credit cards.
B.
Illegal
Distribution Of Cigarettes, Cigarette Wrappers, Tobacco, Tobacco Products,
Alternative Nicotine Products, And Vapor Products; Duty Of Retailer
To Post Notice. It is unlawful for any manufacturer, producer, distributor,
wholesaler or retailer of cigarettes, cigarette wrappers, alternative
nicotine products, vapor products or any other tobacco products or
any agent, employee or representative of a manufacturer, producer,
distributor, wholesaler or retailer of cigarettes, cigarette wrappers,
alternative nicotine products, vapor products or any other tobacco
products to do any of the following:
1.
Give, sell or otherwise distribute cigarettes, cigarette wrappers,
tobacco, alternative nicotine products, vapor products or any other
tobacco products to any minor;
2.
Give, sell or distribute cigarettes, cigarette wrappers, tobacco,
alternative nicotine products, vapor products or any other tobacco
products in any place that does not have posted in a conspicuous place
a sign stating that giving, selling or otherwise distributing cigarettes,
cigarette wrappers, tobacco, alternative nicotine products, vapor
products, or any other tobacco products to a person under twenty-one
(21) years of age is prohibited by law;
3.
Give, sell or distribute cigarettes, cigarette wrappers, tobacco,
alternative nicotine products, vapor products or any other tobacco
products to any person without first verifying, via a photo identification
such as driver's license, that the person is twenty-one (21) years
of age or older.
C.
Vending
Machines Prohibited. Notwithstanding anything in this Chapter to the
contrary, it is unlawful to install, place or permit the use of any
vending machine in any establishment which is open to minors, except
in a place where the machine is not accessible to or cannot be used
by minors; provided, however, that this Section shall not apply to
the installation and use by the proprietor, the proprietor's agent
or employees, of vending machines behind a counter or in some place
in any establishment in which access by minors is prohibited by law;
provided, further, this Section shall not apply to the installation
and use of a vending machine in commercial buildings where the public
is not usually admitted and where such machines are intended for the
sole use of the employees who are not minors.
D.
It
shall be unlawful for any minor to purchase, or attempt to purchase
any tobacco, alternative nicotine, and vapor product.
E.
It
shall be unlawful for any minor, under the age of eighteen (18), to
possess any tobacco product.
[1]
Editor's Note: The title of this Section was also changed
from "Tobacco Products, Sales, Gifts, Purchase or Possession of Involving
Minors" to "Tobacco, Alternative Nicotine And Vapor Products."
[Ord. No. 1225 §215.255, 5-21-1991]
A.
A person
commits the offense of abuse of a child if he:
1.
Knowingly inflicts cruel and inhuman punishment upon a child less
than seventeen (17) years old, or
2.
Photographs or films a child less than eighteen (18) years old engaging
in a prohibited sexual act or in the simulation of such an act or
who causes or knowingly permits a child to engage in a prohibited
sexual act or in the simulation of such an act for the purpose of
photographing or filming the act.
B.
As
used in this Section, "prohibited sexual act" means
any of the following, whether performed or engaged in either with
any other person or alone: sexual or anal intercourse, masturbation,
bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any
other sexual activity of nudity, if such nudity is to be depicted
for the purpose of sexual stimulation or gratification of any individual
who may view such depiction.
C.
As
used in this Section the word "fetishism" means a
condition in which erotic feelings are excited by an object or body
part whose presence is psychologically necessary for sexual stimulation
or gratification.
[Ord. No. 1225 §215.260, 5-21-1991]
A.
A person
commits the crime of prostitution if he performs an act of prostitution
as defined in Chapter 567 of RSMo.
B.
A person
commits the crime of patronizing prostitution if he patronizes prostitution
as defined in Chapter 567 of RSMo.
C.
In
any prosecution for prostitution or patronizing a prostitute, the
sex of the two (2) parties or prospective parties to the sexual conduct
engaged in, contemplated or solicited is immaterial, and it is no
defense that
[Ord. No. 1225 §215.265, 5-21-1991]
A.
Any
room, building or other structure regularly used for sexual contact
for pay or any unlawful prostitution activity prohibited by this Chapter
is a public nuisance.
B.
The
City Attorney may, in addition to all sanctions available under this
Chapter, prosecute a suit in equity to enjoin the nuisance. If the
court having jurisdiction finds that the owner of the room, building
or structure knew or had reason to believe that the premises were
being used regularly for sexual contact for pay or unlawful prostitution
activity, it may order that the premises shall not be occupied or
used for such period as the court may determine, not to exceed one
(1) year.
C.
All
persons, including owners, lessees, officers, agents, inmates or employees,
aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance, and they may be enjoined from engaging
in any sexual contact for pay or unlawful prostitution activity anywhere
within the jurisdiction of the court hearing the case.
[Ord. No. 1225 §215.270, 5-21-1991]
A person commits the crime of indecent exposure if he knowingly
exposes his genitals under circumstances in which he knows that his
conduct is likely to cause affront or alarm.
[Ord. No. 1225 §215.280, 5-21-1991]
A.
The
following acts, when performed in public view or when performed in
a manner so as to entice public viewing, shall be deemed a public
nuisance detrimental to community standards and are thus prohibited:
[Ord. No. 1363 §1, 4-20-1993; Ord. No. 1465, 10-4-1994]
Urination or defecation at construction sites is prohibited
except in portable toilets provided for that use and approved by the
Building Inspector of the City of Parkville.
A person commits the offense of harassment if he/she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person, and such act does cause such person to
suffer emotional distress.
[1]
Editor's Note: The title of this Section was also changed
from "Telephone Harassment" to "Harassment."
