[R.O. of 1966 §610.040; Ord. No. 1747 §1. 7-13-2005; Ord. No. 2118 §1, 6-26-2012; Ord. No. 2424, 7-8-2021]
No person in the City shall cast, throw, light, or fire any
squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap
or cartridge, or other combustible firecrackers or fireworks of any
kind.
Exception: The City shall allow the use of
Class C or lesser classes of fireworks within the City limits between
noon and 10:00 p.m. from June fifteenth (15th) to July third (3rd)
and July fourth (4th) between noon and midnight of each year. All
types of fireworks are prohibited at any other time and date.
[R.O. of 1966 §610.050]
No person in the City shall exhibit, or have in his possession
with intent to give away, or sell, or offer for sale within the City
any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol,
cap or cartridge, or other combustible firecrackers or fireworks of
any kind.
[Ord. No. 1741 §§1 —
3, 6-8-2005]
A.
The Board of Aldermen hereby authorizes the development and issuance of a permit waiving Section 210.020 of the City Code prohibiting the sale of fireworks within the City limits. When issued, such permit shall allow sales of fireworks in the City for the period of June fifteenth (15th) through July fourth (4th) of the year in which the permit is issued. The City shall issue such permit only when the proceeds from such sales are used to fund a permitted Independence Day fireworks display open to the entire community at no charge and only when the permitted provides the City with proof of liability insurance for such activities.
B.
The Board of Aldermen hereby authorize the development and issuance of a permit waiving Section 210.010 of the City Code prohibiting the use of fireworks within the City limits. When issued, such permit shall allow public fireworks to celebrate the Independence Day holiday. The City shall issue only one (1) such permit per year. The permit shall only be issued to an individual or entity with the appropriate State and Federal licenses for such fireworks displays and only upon providing the City with a certificate of insurance for liability coverage in an amount satisfactory to the City.
C.
The
Chief of Police shall be responsible for reviewing permit applications
and for issuing such permits with the concurrence of the City Administrator.
[RSMo. §577.100]
A person commits the crime of abandonment of airtight icebox
if he abandons, discards, or knowingly permits to remain on premises
under his control, in a place accessible to children, any abandoned
or discarded icebox, refrigerator, or other airtight or semi-airtight
container which has a capacity of one and one-half (1½) cubic
feet or more and an opening of fifty (50) square inches or more and
which has a door or lid equipped with hinge, latch or other fastening
device capable of securing such door or lid, without rendering such
equipment harmless to human life by removing such hinges, latches
or other hardware which may cause a person to be confined therein.
[R.O. of 1966 §610.070]
No person in the City shall suffer any mischievous and dangerous
animal of any nature whatsoever to run at large within the City of
Plattsburg.
[R.O. of 1966 §610.080]
No person in the City shall make or assist in making any bonfire
in or upon any public street or place within the City without the
permission of the Chief of Police.
[RSMo. §575.060]
A.
A person
commits the offense of making a false declaration if, with the purpose
of misleading a public servant in the performance of his duty, he:
B.
The falsity of the statement or the item under Subsection (A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of Subsections (2) and (3) of Section 575.040, RSMo., shall apply shall apply to prosecutions under Subsection (A) of this Section.
C.
It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:
D.
The defendant shall have the burden of injecting the issue of retraction under Subsection (C) of this Section.
E.
Making
a false declaration is a misdemeanor.
[RSMo. §575.070]
A.
No person shall be convicted of a violation of Section 210.060, based upon the making of a false statement except upon proof of the falsity of the statement by:
1.
The direct evidence of two (2) witnesses; or
2.
The direct evidence of one (1) witness together with strongly corroborating
circumstances; or
3.
Demonstrative evidence which conclusively proves the falsity of the
statement; or
5.
A judicial admission by the defendant that he made the statement
knowing it was false. An admission, which is not a judicial admission,
by the defendant that he made the statement knowing it was false may
constitute strongly corroborating circumstances.
[RSMo. §575.080]
A.
A person
commits the offense of making a false report if he knowingly:
1.
Gives false information to a law enforcement officer for the purpose
of implicating another person in a crime: or
2.
Makes a false report to a law enforcement officer that a crime has
occurred or is about to occur; or
3.
Makes a false report or causes a false report to be made to a law
enforcement officer, security officer, fire department or other organization,
official or volunteer, which deals with emergencies involving danger
to life or property that a fire or other incident calling for an emergency
response has occurred.
B.
It is a defense to a prosection under Subsection (A) of this Section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.
C.
The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section.
D.
Making
a false report is a misdemeanor.
[RSMo. §575.090]
[RSMo. §575.150; Ord. No. 1548 §1, 10-10-2002]
A.
A person
commits the crime of resisting or interfering with arrest, detention
or stop if, knowing that a Law Enforcement Officer is making an arrest
or attempting to lawfully detain or stop an individual or vehicle,
or the person reasonably should know that a Law Enforcement Officer
is making an arrest or attempting to lawfully detain or lawfully stop
an individual or vehicle for the purpose of preventing the officer
from effecting the arrest, stop or detention, the person:
B.
This
Section applies to arrests, stops or detentions with or without warrants
and to arrests, stops or detentions for any crime, infraction or ordinance
violation.
C.
A person
is presumed to be fleeing a vehicle stop if that person continues
to operate a motor vehicle after that person has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing that person.
D.
It is no defense to a prosection pursuant to 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.
E.
Resisting
or interfering with an arrest for a felony is a class D felony which
shall be prosecuted under Missouri Statute. Resisting an arrest by
fleeing in such a manner that the person fleeing creates a substantial
risk of serious injury or death to any person is also a class D felony
which shall be prosecuted under Missouri Statute. Otherwise, resisting
or interfering with an arrest, detention or stop is a class A misdemeanor
punishable by a fine not to exceed five hundred dollars ($500.00)
or by imprisonment for a term not to exceed ninety (90) days, or by
both such fine and imprisonment.
[1]
State Law Reference — As to circumstances which make
this offense a felony, see RSMo. §575.150.4.
[R.O. of 1966 §610.130]
Any person or persons who shall aid or assist, abet, council,
hire or by any means procure any person to commit violation of any
City ordinance shall, upon conviction, thereof, be punished in the
same manner as for committing the offense so aided, assisted, abetted,
counselled, hired, or procured to be committed.
[R.O. of 1966 §610.140]
No person shall, within the corporate limits of the City of
Plattsburg, set, maintain or use, or cause to be set, maintained or
used, any steel trap or other device which may trap or ensnare dogs
or other animals.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 2073 §1, 5-12-2011]
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, malt liquor, wine or non-intoxicating beer in or upon any public street, alley, sidewalk, park (with the exceptions listed in City Code Section 140.030) or public thoroughfare of the City or in any railway station, bus station, theater, picture show house, bus, taxi, or other public conveyance or in any public school building.
B.
This
Section shall not apply to drinking, consuming, possessing, and the
sale or resale of intoxicating liquor consumed and/or possessed within
the confines of and during a Board of Aldermen approved celebration
or special event so long as all consumption ends no later than 1:00
A.M., so long as no glass containers are permitted, and so long as
all other terms and conditions established by the City for the temporary
use of its property are met.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 2034 §1, 7-14-2010]
A.
It
shall be unlawful for any person under the age of twenty-one (21)
years, to purchase or attempt to purchase, or have in his or her possession,
any intoxicating liquor, as defined in Section 311.020, RSMo., or
who is in an intoxicated condition, as defined by Section 577.001,
RSMo., or has a detectable blood alcohol content of more than two-hundredths
of one percent (.02%) or more by weight of alcohol in such person's
blood.
B.
For purposes of prosecution under this Section or Section 210.150, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
C.
After a period of not less than one (1) year, or upon reaching the age of twenty-one (21), whichever occurs first, a person who has pleaded guilty to or been found guilty of violating Subsection (A) for the first (1st) time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the Municipal Court for an order to expunge all official records of his or her arrest, plea, trial and conviction.
[Ord. No. 1244 §II, 4-3-1989]
A.
It
shall be unlawful for any person to obtain and convey, make available
or deposit intoxicating liquor, malt liquor, wine or non-intoxicating
beer in any place where such person knows, or by the exercise of reasonable
care, should know that a person under the age of twenty-one (21) years
is liable or likely to come into possession of intoxicating liquor,
malt liquor, wine or non-intoxicating beer.
B.
It
shall be unlawful for any person to purchase or in anyway procure,
give or supply intoxicating liquor, malt liquor, wine or non-intoxicating
beer for any person under the age of twenty-one (21) years.
C.
This
Section shall not apply to the supplying of a beverage to a person
under the age of twenty-one (21) years for medical purposes only or
by the parent or guardian of such person or to the administering of
a beverage to any person by a duly licensed physician.
[Ord. No. 1244 §II, 4-3-1989]
It shall be unlawful for any person over the age of seventeen
(17) years and under the age of twenty-one (21) years to misrepresent
his age or make a false statement willfully about his age to any one
for the purpose of purchasing or in anyway procuring from any one
any intoxicating liquor, malt liquor, wine or non-intoxicating beer.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 1488 §1, 11-14-2001]
C.
As
used in these Sections, the term "Law Enforcement Officer" or "arresting officer" includes the definition
of Law Enforcement Officer in Subsection (17) of Section 556.061,
RSMo.
[1]
State Law Reference — As to similar statutory provisions,
see §577.001, RSMo.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 1488 §2, 11-14-2001]
A.
A person
commits the crime of "driving while intoxicated" if
he operates a motor vehicle while in an intoxicated or drugged condition.
B.
Driving
while intoxicated is for the first (1st) offense, a class B misdemeanor.
No person convicted of or pleading guilty to the offense of driving
while intoxicated shall be granted a suspended imposition of sentence
for such offense, unless such person shall be placed on probation
for a minimum of two (2) years.
[1]
State Law Reference — As to similar statutory provisions,
see §577.010, RSMo.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 1488 §3, 11-14-2001]
A.
A person
commits the crime of "driving with excessive blood alcohol
content" if such person operates a motor vehicle in this
State with eight-hundredths of one percent (.08%) or more by weight
of alcohol in such person's blood.
B.
As
used in this Section, percent by weight of alcohol in the blood shall
be based upon grams of alcohol per one hundred (100) milliliters of
blood or two hundred ten (210) liters of breath and may be shown by
chemical analysis of the person's blood, breath, saliva or urine.
For the purposes of determining the alcoholic content of a person's
blood under this Section, the test shall be conducted in accordance
with the provisions of Sections 577.020 to 577.041, RSMo.
C.
For
the first (1st) offense, driving with excessive blood alcohol content
is a class C misdemeanor.
[1]
State Law Reference — As to similar statutory provisions,
see §577.012, RSMo.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 1488 §4, 11-14-2001]
A.
Upon the trial of any person for violation of any of the provisions of Sections 210.180 and 210.190 or upon a trial of any criminal action or violations of these municipal ordinances arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible into evidence and the provisions of Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B.
Percent
by weight of alcohol in the blood shall be based upon grams of alcohol
per one hundred (100) milliliters of blood or grams of alcohol per
two hundred ten (210) liters of breath.
C.
The
foregoing provisions of this Section shall not be construed as limiting
the introduction of any other competent evidence bearing upon the
question of whether the person was intoxicated.
D.
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (A) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with the methods and standards approved by the State Department of Health.
E.
Any charge alleging a violation of Sections 210.180 or 210.190, or any other municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 577.020 to 577.041, RSMo., and rules promulgated thereunder by the State Department of Health demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
1.
There is evidence that the chemical analysis is unreliable as evidence
of the defendant's intoxication at the time of the alleged violation
due to the lapse of time between the alleged violation and the obtaining
of the specimen;
2.
There is evidence that the defendant was under the influence of a
controlled substance or a drug, or a combination of either or both
with or without alcohol; or
3.
There is substantial evidence of intoxication from physical observations
of witnesses or admissions of the defendant.
[Ord. No. 2366, 6-13-2019[1]]
A.
No person shall possess marijuana, except:
1.
A qualifying patient, as defined by the Missouri Constitution,
for the patient's own personal use, in an amount no larger than law
allows; or
2.
A caretaker of a qualifying patient, as defined by the Missouri
Constitution, but only when transporting medical marijuana to a qualifying
patient or when accompanying a qualifying patient; or
3.
An owner or an employee of a medical marijuana facility, as
defined by the Missouri Constitution, within the enclosed building
licensed as such, or when delivering directly to a qualifying patient's
or caretaker's residence or another medical marijuana facility.
B.
No person shall possess a synthetic cannabinoid. A synthetic cannabinoid
includes, unless specifically excepted or unless listed in another
schedule, any natural or synthetic material, compound, mixture, or
preparation that contains any quantity of a substance that is a cannabinoid
receptor agonist, including but not limited to any substance listed
in paragraph (ll) of subdivision (4) of subsection 2 of section 195.017,
RSMo., and any analogues; homologues; isomers, whether optical, positional,
or geometric; esters; ethers; salts; and salts of isomers, esters,
and ethers, whenever the existence of the isomers, esters, ethers,
or salts is possible within the specific chemical designation; however,
it shall not include any approved pharmaceutical authorized by the
United States Food and Drug Administration.
[1]
Editor's Note: This ordinance repealed former Section 210.210,
Marijuana Possession, adopted or amended by Ord. No. 1244 § II,
4-3-1989.
[Ord. No. 1244 II, 4-3-1989]
A.
As
used in this Section "imitation controlled substance" shall have the same definition as may be found in RSMo., Section
195.010.
B.
It
is unlawful for any person to use, or to possess with intent to use,
an imitation controlled substance in violation of this Section.
C.
It
is unlawful for any person to deliver, possess with intent to deliver,
manufacture with intent to deliver, or cause to be delivered any imitation
controlled substance.
D.
It
is unlawful for any person to place in any newspaper, magazine, handbill,
or other publication, or to post or distribute in any public place,
any advertisement or solicitation with reasonable knowledge that the
purpose of the advertisement or solicitation is to promote the distribution
of imitation controlled substances.
[Ord. No. 1244 §II, 4-3-1989; Ord. No. 2366, 6-13-2019]
No person shall knowingly 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 as defined by Chapter 556, RSMo.
[Ord. No. 1244 §II, 4-3-1989]
All marijuana, imitation controlled substances or drug paraphernalia
for the administration, use or manufacturing of marijuana or imitation
controlled substances and which have come into the custody of the
Chief of Police or any Police Officer, the lawful possession of which
is not established or the title to which cannot be ascertained after
some appropriate hearing, shall be forfeited, and disposed as follows:
The Municipal Judge shall order such marijuana, imitation controlled
substances, or drug paraphernalia forfeited and destroyed. A record
of the place where such marijuana, imitation controlled substances,
or drug paraphernalia were seized, of the kinds and quantities of
marijuana, imitation controlled substances or drug paraphernalia so
destroyed, and of the time, place and manner of destructions, shall
be kept, and a return under oath, reporting the destruction of the
marijuana, imitation controlled substances, or drug paraphernalia
shall be made to the Municipal Judge by the officer who destroys them.
