City of Camdenton, MO
Camden County
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Table of Contents
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Ordinance 2520-14
Created: 2014-12-19|Updated: 2014-12-19

AN ORDINANCE AMENDING THE CODE OF THE CITY OF CAMDENTON, TITLE II: PUBLIC HEALTH, SAFETY & WELFARE; Chapter 220: OFFENSES; SECTION 220.095: FAILURE TO RETURN RENTED PROPERTY by Deleting SECTION 220.095 IN ITS Entirety and in Lieu Thereof Inserting New SECTION 220.095: FAILURE TO RETURN RENTED PROPERTY TO BE IN COMPLIANCE WITH STATE STATUTE rsmo 570.057

Ordinance 2533-15
Created: 2015-03-06|Updated: 2015-03-06
An Ordinance amending the Code of the City of Camdenton Title II: Public Health, Safety & Welfare; Chapter 220: Offenses; Section 220.240: Sale, Purchase, Possession or Distribution of Tobacco Products to be in compliance with State Statutes

Section 220.010 Tampering. [1]

[Ord. No. 1563-94 §1(220.010), 12-6-1994; Ord. No. 1804-00 §1, 9-5-2000]
A. 
A person commits the offense of tampering if he/she:
1. 
Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. 
Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
3. 
Unlawfully authorizes, solicits, aids, abets or attempts any of the following acts:
a. 
Divert, or cause to be diverted, utility service by any means whatsoever.
b. 
Make or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.
c. 
Prevent any utility meter, or other device used in determining the charge for utility service, from accurately performing its measuring function by tampering or by any other means.
d. 
Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe, that the diversion, tampering, or unauthorized connection existed at the time of use, or that the use or receipt was without the authorization or consent of the utility.
e. 
Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent or deceptive scheme, device, means, or method.
B. 
In any prosecution under Subparagraph (3) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the utility service; with one (1) or more of the effects described in Subparagraph (3) of Subsection (A), shall be sufficient to support an inference from which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of the ordinance by the person or persons who used or received the direct benefit of the utility service.
C. 
Utility service under Subparagraph (3), Subsection (A), shall include, but not be limited to, electricity, water, gas, telephone, cable television, sewage disposal, communication services, and trash services.
[1]
State Law Reference — For similar provisions, see RSMo. §569.090.

Section 220.020 Property Damage.

[CC 1984 §75.020]
A person commits the offense of property damage if he/she knowingly damages property of another, or he/she damages property for the purpose of defrauding an insurer.

Section 220.030 Trespass.

[CC 1984 §75.030]
A person commits the offense of trespass if he/she enters unlawfully upon real property of another, without license or privilege.

Section 220.040 Peace Disturbance. [1]

[Ord. No. 1404-91, 12-17-1991; Ord. No. 1519-93 §1, 11-16-1993]
A. 
A person shall commit the crime of peace disturbance if:
1. 
He/she unreasonably and knowingly disturbs or alarms another person or persons by:
a. 
Loud noise; or
b. 
Offensive (and indecent) language addressed in a face-to-face manner to a specific individual and uttered under circumstances that are likely to produce an immediate violent response from a reasonable recipient; or
c. 
Threatening to commit a felonious act against any person under circumstances that are likely to cause a reasonable person to fear that such threat may be carried out; or
d. 
Fighting; or
e. 
Creating a noxious and offensive odor.
2. 
He/she is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
a. 
Vehicular or pedestrian traffic; or
b. 
The free ingress or egress to or from a public or private place.
B. 
Any person convicted of the offense of peace disturbance shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
[1]
State Law Reference — State of Missouri v. Carpenter, 736 sw 2d 406 (Mo. banc 1987).

Section 220.050 Private Peace Disturbance. [1]

[Ord. No. 1404-91, 12-17-1991]
A. 
A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by fighting.
B. 
It shall be unlawful and a misdemeanor for any person to commit an act of private peace disturbance.
[1]
State Law Reference — State of Missouri v. Carpenter, 736 sw 2d 406 (Mo. banc 1987).

Section 220.060 Peace Disturbance Definitions.

[CC 1984 §75.060]
For the purpose of Sections 220.040 and 220.050 the following words shall have the prescribed meanings:
PROPERTY OF ANOTHER
Any property in which the actor does not have a possessory interest.
PRIVATE PROPERTY
Any place which at the time is not open to the public. It includes property which is owned publicly or privately.
PUBLIC PLACE
Any place which at the time is open to the public. It includes property which is owned publicly or privately.
SEPARATE PREMISES
If a building or structure is divided into separately occupied units, such units are separate premises.

Section 220.070 Intoxication or Use of Intoxicating Substance in Public Places.

[CC 1984 §75.100; Ord. No. 1510-93 §1, 9-21-1993]
A person commits the offense of public use of an intoxicating substance when he/she shall drink or otherwise consume any alcoholic beverage, intoxicating liquor; or use any controlled substance or narcotic drug in any street, public park or other public place.

Section 220.080 City Park — Closing Hours.

[Ord. No. 2120-06 §1, 5-16-2006]
A. 
The Camdenton Community Park shall be closed to public use between the hours from sunset to sunrise, unless otherwise posted.
B. 
The City Administrator or his assignee may issue permits for individuals or groups to use the park grounds during the hours listed as closed.
C. 
Any person in violation of these provisions shall be guilty of trespass.

Section 220.090 Stealing.

[CC 1984 §75.120]
A person commits the offense of stealing if he/she appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

Section 220.095 Failure to Return Rental Property.

[Ord. No. 2137-06 §1, 8-1-2006; Ord. No. 2520-14 §1, 11-18-2014]
A. 
A person commits the crime of stealing leased or rented property if, with the intent to deprive the owner thereof, such person:
1. 
Purposefully fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property;
2. 
Conceals or aids or abets the concealment of the property from the owner;
3. 
Sells, encumbers, conveys, pawns, loans, abandons or gives away the leased or rented property or any part thereof, without the written consent of the lessor, or without informing the person to whom the property is transferred to that the property is subject to a lease;
4. 
Returns the property to the lessor at the end of the lease term, plus any agreed upon extensions, but does not pay the lease charges agreed upon in the written instrument, with the intent to wrongfully deprive the lessor of the agreed upon charges.
B. 
The provisions of this Section shall apply to all forms of leasing and rental agreements, including, but not limited to, contracts which provide the consumer options to buy the leased or rented personal property, lease-purchase agreements and rent-to-own contracts. For the purpose of determining if a violation of this Section has occurred, leasing contracts which provide options to buy the merchandise are owned by the owner of the property until such time as the owner endorses the sale and transfer of ownership of the leased property to the lessee.
C. 
Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or that a lessee fails or refuses to return the property or pay the lease charges to the lessor within seven (7) days after written demand for the return has been sent by certified mail, return receipt requested, to the address the person set forth in the lease agreement, or in the absence of the address, to the person's last known place of residence, shall be evidence of intent to violate the provisions of this Section, except that if a motor vehicle has not been returned within seventy-two (72) hours after the expiration of the lease or rental agreement, such failure to return the motor vehicle shall be prima facie evidence of the intent of the crime of stealing leased or rented property. Where the leased or rented property is a motor vehicle, if the motor vehicle has not been returned within seventy-two (72) hours after the expiration of the lease or rental agreement, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle, and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate State and local computer system listing stolen motor vehicles. Any law enforcement officer which stops such a motor vehicle may seize the motor vehicle and notify the lessor that he may recover such motor vehicle after it is photographed and its vehicle identification number is recorded for evidentiary purposes. Where the leased or rented property is not a motor vehicle, if such property has not been returned within the seven-day period prescribed in this Subsection, the owner of the property shall report the failure to return the property to the local law enforcement agency, and such law enforcement agency may within five (5) days notify the person who leased or rented the property that such person is in violation of this Section, and that failure to immediately return the property may subject such person to arrest for the violation.
D. 
This Section shall not apply if such personal property is a vehicle and such return is made more difficult or expensive by a defect in such vehicle which renders such vehicle inoperable, if the lessee shall notify the lessor of the location of such vehicle and such defect before the expiration of the lease or rental agreement, or within ten (10) days after proper notice.

Section 220.100 Transporting Open Beer or Liquor Container in Motor Vehicle.

[CC 1984 §75.130]
A person commits the offense of transporting an open beer or liquor container if a container of non-intoxicating beer, malt liquor, or intoxicating liquor (as those terms are defined in Section 600.020 of this Code) is found to be open (that is available for ready consumption) within a vehicle which that person has under his control or in which that person is a passenger.

Section 220.105 Possession, Sale and Offering for Sale of "Spice" or "K2" Illegal and Penalty.

[Ord. No. 2356-10 §1, 4-6-2010]
A. 
As used in this Section, the terms are defined as follows:
PERSON
A person, any form of corporation or business entity, partnership, wholesale or retailer.
ILLEGAL SMOKING PRODUCT
Includes any substance, whether called "Spice", "K2", tobacco, herbs, incense or any blend thereof, which includes any one (1) or more of the following chemicals:
1. 
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol);
2. 
(dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
3. 
1-Pentyl-3-(1-naphthoyl)indole; or
4. 
Butyl-3-(1-naphthoyl)indole.
B. 
It shall be unlawful for any person within the City of Camdenton to distribute, deliver, sell, offer for sale, publicly display for sale or attempt to distribute, deliver or sell any illegal smoking product.
C. 
It shall be unlawful for any person to knowingly possess or have under his or her control any illegal smoking product.
D. 
Any person who violates the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

Section 220.110 Marijuana and Hashish.

[CC 1984 §75.140]
A. 
The possession, sale, distribution or transfer of marijuana in the amount of thirty-five (35) grams or less or hashish in the amount of five (5) grams or less is unlawful, except in the usual course of business or practice, or in the performance of their official duties by the following persons:
1. 
Persons licensed under the provisions of Chapters 330, 332, 334, 335, 338 and 340, RSMo., 1969;
2. 
Persons who procure controlled substances;
a. 
For handling by or under the supervision of persons employed by them, who are licensed under the provisions of Chapters 330, 332, 334, 335, 338 and 340, RSMo., 1969, or;
b. 
For the purpose of lawful research, teaching or testing and not for resale;
3. 
Hospitals and other institutions which procure controlled substances for lawful administration by persons described in Subsection (A)(1);
4. 
Officers or employees or appropriate enforcement agencies of Federal, State, or local governments, pursuant to their duties in enforcing the provisions of this Chapter;
5. 
Manufacturers and wholesalers of controlled substances;
6. 
Carriers and warehousemen handling or distributing controlled substances or drugs;
7. 
Persons using controlled substances for medical purposes upon the written prescription or personal dispensation by a person licensed under the provisions of Chapters 330, 332, 334, 338 and 340, RSMo., 1969.
B. 
Any person who violates the provisions of this Section shall be guilty of a misdemeanor and fined not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for ninety (90) days, or by both such fine and imprisonment.

Section 220.115 Unlawful Use of Drug Paraphernalia — Penalty.

[RSMo. §195.233]
A. 
It is unlawful for any person to use, or to 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.
B. 
Any person who violates the provisions of this Section, and possesses drug paraphernalia as defined in Missouri State Statute Section 195.010(18) is guilty of a misdemeanor.

Section 220.120 Indecent Exposure.

[CC 1984 §75.150]
A person commits the offense of indecent exposure if he/she knowingly exposes his genitals under circumstances in which he/she knows that his conduct is likely to cause affront or alarm.

Section 220.125 Public Indecency.

[Ord. No. 1473-93 §1, 3-2-1993]
A. 
A person who knowingly or intentionally, in a public place, to include, but not limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, bookstores, and places of public accommodation where one (1) or more other persons are present:
1. 
Engages in sexual intercourse; or
2. 
Engages in deviate sexual conduct; or
3. 
Appears in a state of nudity; or
4. 
Fondles the genitals of himself/herself or another person commits the unlawful act of public indecency and is subject to punishment pursuant to Article III, Section 100.160 of this Code.
B. 
"Nudity" is defined as the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.

Section 220.130 through Section 220.140. (Reserved) [1]

[1]
Editor's Note — Ord. no. 2008-04 §1, adopted April 6, 2004, repealed section 220.130 "prohibited weapons" and section 220.140 "unlawful use of weapons" and enacted new provisions set out in ch. 222. Former sections 220.130 — 220.140 derived from CC 1984 §75.160; ord. no. 1088-86 §1, 4-1-1986; ord. no. 1520-93 §1, 11-16-1993.

Section 220.150 Regulation of Laser Beam Devices.

[Ord. No. 1751-99 §§1 — 2, 6-1-1999]
A. 
It shall be unlawful for any person to focus, point or shine a laser beam directly or indirectly on another person in such a manner as is intended to harass or annoy said person.
B. 
Any violation of this Section shall subject the violator to summons to Municipal Court and upon conviction, shall be punishable as set out in the City Code of Camdenton, Section 100.160, General Penalty.

Section 220.160 Funeral Protests Prohibited, When.

[Ord. No. 2457-13 §1, 2-5-2013]
A. 
Every citizen may freely speak, write, and publish the person's sentiments on all subjects, being responsible for the abuse of the right, but no person shall picket or engage in other protest activities, nor shall any association or corporation cause picketing or other protest activities to occur within three hundred (300) feet of any residence, cemetery, funeral home, church, synagogue, or other establishment during or within one (1) hour before or one (1) hour after the conducting of any actual funeral or burial service at that place.
B. 
As used in this Section, "other protest activities" means any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
C. 
As used in this Section, "funeral" and "burial service" mean the ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three hundred (300) foot zone that is established under Subsection (A) above.

Section 220.170 Unlawful Assembly.

[RSMo. §574.040]
A. 
A person commits the offense of unlawful assembly if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any criminal laws of this City, State or of the United States with force or violence.
B. 
Unlawful assembly is a misdemeanor.

Section 220.180 Rioting.

[RSMo. §574.050]
A. 
A person commits the offense of rioting if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this City, State or of the United States with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence.
B. 
Rioting is a misdemeanor.

Section 220.190 Refusal to Disperse.

[RSMo. §574.060]
A. 
A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he/she knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly of riot.
B. 
Refusal to disperse is a misdemeanor.

Section 220.200 Assault.

[RSMo. §565.070]
A. 
A person commits the offense of assault if:
1. 
He/she attempts to cause or recklessly causes physical injury to another person; or
2. 
With criminal negligence he/she causes physical injury to another person by means of a deadly weapon; or
3. 
He/she purposely places another person in apprehension of immediate physical injury; or
4. 
He/she recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
5. 
He/she knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
B. 
A person acts "recklessly" or is reckless with regard to this Section when he/she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

Section 220.210 Prohibiting Certain Acts in Public or Private Cemeteries.

[Ord. No. 892-82 §§1-3, 10-19-1982; CC 1984 §75.250]
A. 
For the purpose of this Section, a "cemetery" shall be defined as a graveyard or burial ground for the depositing of the bodies of the dead, including all avenues, walks, streets and roadways located within said area.
B. 
It shall be unlawful for any person to loiter, loaf, wander in, play, desecrate or disfigure in any way the cemetery grounds including the tombstones and markers and to stand or remain idle either alone or in concert with others in a cemetery located in the City limits of Camdenton. Nothing contained herein shall prevent any person from attending a funeral being conducted at a cemetery nor shall it prevent any person from visiting any gravesite located within any cemetery located within the City limits of Camdenton.
C. 
The general penalty provisions of Section 100.160 of the City Code of the City of Camdenton, shall apply to any person who violates any of the provisions contained in this Section.

Section 220.220 Resisting or Interfering With Arrest.

[Ord. No. 931-83 §§1-3, 10-4-1983; CC 1984 §75.260]
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/she:
1. 
Resists the arrest of himself/herself by using or threatening the use of violence or physical force or by fleeing from said officer; or
2. 
Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.
B. 
This section applies to arrest with or without warrants and to arrests for any crime or ordinance violation.
C. 
It is no defense to a prosecution under Subsection (A) of this Section that the law enforcement officer was acting unlawfully in making the arrest. However, nothing in this section shall be construed to bar civil suits for unlawful arrest.

Section 220.225 Disorderly Conduct.

A. 
A person should be guilty of disorderly conduct if he:
1. 
Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his own safety or the safety of others.
2. 
Resists or obstructs the performance of duties by City Police or any other authorized Official of the City, when known to be such an Official.
3. 
Addresses abusive language or threats to any member of the Police Department, any other authorized Official of the City who is engaged in lawful performance of his duties, or any other person when such words have a tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited.
4. 
Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition.
5. 
Uses abusive or obscene language or makes an obscene gesture.

Section 220.230 Smoke-Free Air Regulations.

[Ord. No. 1453-92 §1, 11-17-1992]
A. 
Offenses. The following shall be offenses under the ordinances of this Community, and shall be punishable as provided in Subsection (F) "Penalty" of this Section.
1. 
No person shall smoke in a public place or in a public meeting except in a designated smoking area.
2. 
No proprietor or other person in charge of a public place or public meeting shall permit, cause, suffer, or allow a person to smoke in those areas where smoking is prohibited.
B. 
Duties of Person Having Control of Public Place. The person having custody or control of a public place or public meeting shall:
1. 
Make reasonable efforts to prevent smoking in the public place or public meeting by posting appropriate signs indicating no-smoking or smoking area and arrange seating accordingly. These signs shall be placed at a height and location easily seen by a person entering the public place or public meeting and not obscured in any way;
2. 
Arrange seating and utilize available ventilation systems and physical barriers to violate designated smoking areas;
3. 
Make a reasonable request of persons smoking to move to a designated smoking area;
4. 
Allow smoking in designated areas of theater lobbies only.
C. 
Public Place Defined. A "public place" is any enclosed indoor area used by the general public or serving as a place of work including, but not limited to:
1. 
Any retail or commercial establishment;
2. 
Health care facilities, health clinics or ambulatory care facilities including, but not limited to, laboratories associated with health care treatment, hospitals, nursing homes, physicians' offices and dentists' offices;
3. 
Any vehicle used for public transportation including, but not limited to, buses, taxicabs and limousines for hire;
4. 
Restrooms;
5. 
Elevators;
6. 
Libraries, educational facilities, day care facilities, museums, auditoriums and art galleries;
7. 
All public areas and waiting rooms of public transportation facilities including, but not limited to, bus and airport facilities;
8. 
Any enclosed indoor place used for entertainment or recreation including, but not limited to, gymnasiums, theater lobbies, concert halls, arenas and swimming pools;
9. 
Any other enclosed indoor areas used by the general public including, but not limited to, corridors and shopping malls;
However, the following areas are not considered a "public place":
10. 
An entire room or hall which is used for private social functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or other person in charge;
11. 
Limousines for hire and taxicabs, where the driver and all passengers agree to smoking in such vehicles;
12. 
Performers on the stage, provided that the smoking is part of the production;
13. 
A place where more than fifty percent (50%) of the volume of trade or business carried on is that of the blending of tobaccos or sale of tobaccos, cigarettes, pipes, cigars or smoking sundries;
14. 
Any bar, any tavern, a restaurant that seats less than fifty (50) people, any bowling alley or any billiard parlor, provided such establishment conspicuously posts at least two (2) signs stating that "Non-Smoking Areas are Unavailable";
15. 
Private residences; and
16. 
Any enclosed indoor arena, stadium or other facility which may be used for sporting events and which has a seating capacity of more than fifteen thousand (15,000) persons.
D. 
Other Definitions. As used in this Section the following terms mean:
BAR OR TAVERN
Any licensed establishment which serves liquor on the premises for which not more than ten percent (10%) of the gross sales receipts of the business are supplied by food purchases, either for consumption on the premises or elsewhere.
OTHER PERSON IN CHARGE
The agent of the proprietor authorized to give administrative directions to and general supervisions of the activities within the public place, work place or public meeting at any given time.
PROPRIETOR
The party who ultimately controls, governs or directs the activities within the public place, work place or public meeting, regardless of whether he is the owner or lessor of such place or site. The term does not mean the owner of the property unless he ultimately controls, governs or directs the activities within the public place or public meeting. The term "proprietor" shall apply to a corporation as well as an individual.
PUBLIC MEETING
A gathering in person of members of a governmental body, whether an open or closed session, as defined in Chapter 610, RSMo.
RESTAURANT
Any building, structure or area used, maintained or advertised as or held out to the public to be an enclosure where meals for consideration of payment are made available to be consumed on the premises.
SMOKING
Possession of burning tobacco in the form of a cigarette, cigar, pipe or other smoking equipment.
E. 
Designated Smoking Area. A smoking area may be designed by persons having custody or control of public places, except in places in which smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation. No public place shall have more than thirty percent (30%) of its entire space designated as a smoking area.
Restaurants. A proprietor or other person in charge of a restaurant shall designate an area of sufficient size to accommodate usual and customary demand for non-smoking areas by customers or patrons.
F. 
Penalty. Any person who violates this Section shall be fined an amount not more than two hundred dollars ($200.00).

Section 220.240 Sale, Purchase, Possession or Distribution of Tobacco Products.

[Ord. No. 1450-92 §1, 10-20-1992; Ord. No. 1822-01 §1, 4-3-2001; Ord. No. 2533-15 §1, 3-3-2015]
A. 
Definitions. As used in this Section the following terms mean:
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
VAPOR PRODUCTS
Any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other 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.
B. 
Sale Of Tobacco Or Vapor Products To Minors. It shall be a violation of this Section for any retailer to sell tobacco products (including but not limited to cigarettes, cigars, pipe tobacco and smokeless tobacco) or vapor products to persons under the age of eighteen (18) years.
C. 
Purchase Or Possession Of Tobacco Or Vapor Products By Minors. It shall be a violation of this Section for any persons under the age of eighteen (18) years to purchase, attempt to purchase, or to have in their possession any tobacco product (including but not limited to cigarettes, cigars, pipe tobacco and smokeless tobacco) or vapor products.
D. 
Other Distribution Of Tobacco Or Vapor Products. No person shall sell, give or otherwise distribute any tobacco product (including but not limited to cigarettes, cigars, pipe tobacco and smokeless tobacco) or vapor products to any person under the age of eighteen (18) years. This Subsection shall not apply to the distribution by persons to minors who are immediate family members on property that is not open to the public.
E. 
Evidence Of Age To Be Required. A person selling tobacco or vapor products or rolling papers or distributing tobacco or vapor product samples shall require proof of age from a prospective purchaser or recipient if any ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen (18) years. Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be defense to any action for a violation of this Section.
F. 
Employee Liability. If a sale is made by any employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in Subsection (B) of this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense under this Section.