[Ord. No. 19-061, 7-29-2019]
A.
Misdemeanor. Any Person who violates any provision of this Chapter
shall be guilty of a misdemeanor and shall be punished by a fine of
up to one thousand dollars ($1,000.00) per day for each violation.
Each and every day that such violation continues shall constitute
a separate offense. The judge(s) presiding over cases prosecuting
such violations will set the schedule for fines and any other such
punishment allowable under this Chapter, as the judge(s) may deem
appropriate.
B.
Injunction; Actions To Abate. Nothing in this provision shall be
construed to limit the ability of the County or other affected persons
to pursue any other remedies available, including a suit for injunction,
in order to enforce the provisions of this act or prevent any illegal
act, conduct, business, or use in or about the premises.
[Ord. No. 19-061, 7-29-2019]
Enforcement and administration of this Chapter shall be the
responsibility of the Office of the Registrar. The Office of the County
Counselor shall be responsible for the prosecution of violations of
this Chapter and pursuance of other legal remedies available for violations
of this Chapter.
[Ord. No. 19-061, 7-29-2019; Ord. No. 19-074, 9-9-2019]
All County ordinances, codes, regulations, and orders or parts
thereof shall be construed and interpreted in such a manner as to
conform to the provisions of this Chapter, and to all applicable State
and local laws and regulations. To the extent that such ordinances,
codes, regulations, and orders or parts thereof are in direct conflict
with and cannot be construed or interpreted in such a way as to conform
to the provisions of this Chapter or applicable State and local laws
and regulations, such ordinance, codes, regulations, and order or
parts thereof shall not apply.
[Ord. No. 19-061, 7-29-2019]
In adopting this Chapter, the St. Charles County Council is
relying on and does not waive nor intend to waive any of the monetary
limitations or any other rights, immunities, and protections provided
by the Sections 537.600 and 537.610 RSMo., as from time to time amended,
or any other limitation, right, immunity, or protection otherwise
available to the County, its officers, or its employees.
[Ord. No. 19-061, 7-29-2019]
The provisions of this Chapter do not protect Facility Licensees,
operators, employees, customers, and clients of a Facility from prosecution
pursuant to any laws that may prohibit cultivation, sales, use, or
possession of controlled substances. In addition, as of the date of
the adoption of this Chapter, the cultivation, sale, possession, distribution,
and use of Marijuana remain violations of Federal and State law (except
for conduct covered by Amendment 2), and this Chapter affords no protection
against prosecution under such Federal and State laws. Licensees,
operators, employees, customers, and clients of a Facility assume
any and all risk and any and all liability arising or resulting from
the operation of a Facility under any State or Federal law.
