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City of Hollister, MO
Taney County
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Table of Contents
Table of Contents
[CC 1983 §75.060]
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.
A. 
Definition. The following word shall have the meaning set out herein when used in this Section.
MARIJUANA
All parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
B. 
It is unlawful for any person to possess or have under his/her control thirty-five (35) grams or less of marijuana as defined in Subsection (A) hereof.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo. 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 as defined by Section 195.010, RSMo. or an imitation controlled substance as defined by Section 195.010, RSMo.
No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, 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.
A. 
No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
B. 
No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by Section 215.450 and this Section.
A. 
No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of Sections 215.450 and 215.460 hereof.
B. 
Any person who violates any provision of Sections 215.450 to 215.470 is guilty of a misdemeanor.
[Ord. No. 11-20, 9-1-2011]
A. 
General. The Board of Aldermen of the City has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the by-products and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the City. Regulation of the sale of the chemical precursors to methamphetamine production, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the City.
B. 
Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
EPHEDRINE
All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
METHAMPHETAMINE PRECURSOR DRUG
Any drug or substance as described in Sections 195.246 or 195.248, RSMo.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.
PSEUDOEPHEDRINE
All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
SELL
To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.
[Ord. No. 11-20, 9-1-2011]
A. 
It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this Article.
B. 
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other health care professional licensed by the State of Missouri to write prescriptions.
C. 
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by a licensed physician within the physician's office, clinic, nursing home or other licensed health care facility.
D. 
This Section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.
[Ord. No. 11-20, 9-1-2011]
It shall be prima facie proof that a substance is regulated by this Section if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drugs.
[Ord. No. 11-20, 9-1-2011]
A. 
All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the Police Department of the City within twenty-four (24) hours of discovery.
B. 
Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the Police Department of the City within twenty-four (24) hours of discovery.
[Ord. No. 11-20, 9-1-2011]
Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be punishable according to City Code Section 100.200. Every day any violation of this ordinance or any such rule, regulation, notice or order shall constitute a separate offense.