Chapter 14

OFFENSES

CONTENTS

ARTICLE I.  PENALTY

§ 14-0.    Penalty for Violation.

ARTICLE II.  OFFENSES AGAINST PERSONS

§ 14-1.    Affrays in public.
§ 14-2.    Assault and battery.
§§ 14-3 to 14-9.  Reserved.

ARTICLE III.  PROPERTY AND THEFT OFFENSES

§ 14-10.  Tampering with utilities.
§ 14-11.  Stealing.
§ 14-12.  Public or private property - injuring, destroying.
§ 14-13.  Street signs - destruction, removal or possession.
§ 14-14.  Trespass on public or private property.
§ 14-15.  Littering.
§§ 14-16 to 14-19.  Reserved.

ARTICLE IV.  PUBLIC PEACE AND SAFETY

§ 14-20.  Peace disturbance.
§ 14-21.  Noise - Creating unreasonably loud, disturbing, etc., noise prohibited; exceptions.
§ 14-22.  Intoxication in public; disturbance of peace.
§ 14-23.  Loitering on school grounds and buildings.
§ 14-24.  Loitering, prowling, peeking, etc. in and about private dwellings.
§ 14-25.  Abandonment of airtight or semi-airtight containers.
§ 14-26.  Minors - Contributing to the delinquency of minors.
§ 14-27.  Indecent exposure of person.
§ 14-28   Curfew.
§ 14-29.  Fireworks.

ARTICLE V.  WEAPONS

§ 14-30.  Discharge of firearms prohibited.
§ 14-31.  Unlawful use of weapons - Carrying, etc. - Exceptions.
§ 14-32.  Concealed weapons - Sale to minors prohibited.
§§ 14-33 to 14-39.  Reserved.

ARTICLE VI.  LAW ENFORCEMENT

§ 14-40.  Officers - Obstructing, resisting, assaulting, etc. prohibited.
§§ 14-41 to 14-49.  Reserved.

ARTICLE VII.  CONTROLLED SUBSTANCES

§ 14-50.  Marijuana - Possession.
§ 14-51.  Consumption prohibited in certain locations.
§ 14-52.  Sales to minor; Certain other persons; Exceptions.
§ 14-53.  Purchase or possession of intoxicating liquors by minors.
§ 14-54.  Prohibiting smoking in public buildings owned and operated by the City of Vienna.
§§ 14-55 to 14-59.  Reserved.

Chapter 14

OFFENSES 

ARTICLE I
PENALTY 

Sec. 14-0.  Penalty for violation.

      Every person or persons who shall be convicted of any violation of any section of this Chapter, shall be punished by a fine of not less than one nor more than five hundred dollars, or by imprisonment in jail not exceeding three months, or both such fine and imprisonment as may be just set for any offense, recoverable with costs of suit, together with judgment of imprisonment until the fine and costs are paid and satisfied.   (§2501.049, 1978 Code; As amended by adopting ordinance July 7, 1992; Ord. 112, §2)

ARTICLE II
OFFENSES AGAINST PERSONS

Sec. 14-1.  Affrays in public.

      (a) A person commits the offense of affray in public if he, in any public place within the City:

(1)    Engages in any fight with one or more persons; or
(2)    Engages in the use of blows or violence with one or more persons; or
(3)    Do another any willful mischief; or
(4)    Assaults another to the terror or disturbance of others.

      (b) For the purposes of this section, "public place" shall be defined as any street, alley, sidewalk, parking lot, or real property owned by the City of Vienna, County of Maries, State of Missouri, or United States Government, or over which the City of Vienna, County of Maries, State of Missouri, or United States Government has an easement for roadway purposes or pedestrian traffic, or any real property owned by a private individual or entity, which is open for use to the public.  (Ord. 94, §1; Ord. 112, §2)

Sec. 14-2.  Assault and battery.

      A person commits the offense of assault and battery if the person assaults, assaults and beats, or strikes another person, or if the person attempts or threatens to do the same to another person. (§2503.003, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Secs. 14-3 to 14-9.  Reserved.

ARTICLE III
PROPERTY AND THEFT OFFENSES

Sec. 14-10.  Tampering with utilities.

      No person shall willfully break, or otherwise injure, molest, disturb or interfere with any property of the gas works, electric light plant, water works, telephone and telegraph companies of the City of Vienna.   (§2505.007; §2505.009, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, 2)

Sec. 14-11.  Stealing.

      (a) A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.

      (b) "Appropriate" means to take, obtain, use, transfer, conceal, or retain possession of.

      (c) "Coercion" means a threat, however communicated

(1)    To commit any crime, or

(2)    To inflict physical injury in the future on the person threatened or another; or

(3)    To accuse any person of a crime; or

 (4)   To expose any person to hatred, contempt, or ridicule; or

(5)    To harm the credit or business repute of any person; or

(6)    To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(7)    To inflict any other harm which would not benefit the actor.

      A threat, accusation, lawsuit, or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit, other official action relates, or as compensation for property or lawful service. The Defendant shall have the burden of interjecting the issue of justification as to any threat.

      (d) "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to matter of fact, law, value, intention, or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance or putting by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he or she did not subsequently perform the promise.

      (e) "Deprive" means:

(1)    To withhold property from the owner permanently;

(2)    To restore property only upon payment of reward or other compensation; or

(3)    To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.

      (f)  Evidence of the following is admissible in any prosecution under this Section on the issue of the requisite knowledge or belief of the alleged stealer:

(1)    That he or she failed or refused to pay for property or services of a motel, restaurant, and, or boarding house; or

(2)    That he or she gave in payment for property or services of a motel, restaurant, and, or boarding house, a check or negotiable paper on which payment was refused; or

 (3)   That he or she left the motel, restaurant, and, or boarding house, with the intent to not pay for property or service; or

(4)    That he or she surreptitiously removed or attempted to remove his or her baggage from a motel, or boarding house.
 (Ord. 83, §1; Ord. 112, §2)

Sec. 14-12.  Public or private property - injuring, destroying.

      No person shall injure, damage, mark, deface or destroy any real or personal property belonging to the City or other governmental unit or agency, or to any private person, corporation or public utility. (§2505.023, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 95, §1; Ord. 112, §2)

Sec. 14-13.  Streets signs - destruction, removal or possession.

      (a) No person may possess any sign, guide board, mile post, signal or marker of any type erected by the City, County, State or Federal government for the warning, instruction, or information of the public unless he can demonstrate that he obtained same in a legal manner. Possession of such a sign, guide board, mile post, signal or marker creates a rebuttable presumption of illegal possession. In this section "'possession" includes but is not limited to, the presence of such a sign, guide board, mile post, signal or marker on the premises owned and controlled by the person, including but not limited to a rented building, rented apartment, rented room.

      (b) No person shall injure, deface, or move any sign, guide board, mile post, signal or marker of any type erected within the City.
  (§2505.017; (§2507.021, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Sec. 14-14.  Trespass on public or private property.

      (a) It shall be unlawful for any person, firm or corporation to commit a trespass within the City of Vienna upon either public or private property by engaging in any of the acts or conduct described in Section (b) herein.

      (b) Any of the following acts by any person, firm or corporation shall be deemed to constitute a trespass in violation of the provisions of subsection (a) of this Section:

(1)    An entry upon the premises, or any part thereof, or another, including any public property in violation of a notice posted or exhibited at the main entrance of said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing, by any owner, occupant or authorized agent of the owner thereof; or

(2)    The pursuit of a course of conduct or action incidental to the making of any entry upon the land of another in violation of a notice posted or exhibited at the main entrance of said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner, occupant or authorized agent of the owner thereof; or
 
(3)    A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing by any owner, occupant or authorized agent of the owner thereof; or

(4)    An entry into or upon any vehicle, mobile home or travel trailer made without the consent of the person having the right to possession or control thereof, or a failure or refusal to leave any such vehicle, mobile home or travel trailer after being requested to leave by the person having such right, either orally or in writing.

(5)    A failure or refusal to depart from or to remain upon public property after a time of closing posted or exhibited at the main entrance to said premises or at any other place in the premises or in violation of any notice, warning or protest given orally by an authorized agent of the City.
 (§2505, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Sec. 14-15. Littering.

      A person that commits the crime of littering if he throws or places or causes to be thrown or placed, any glass, glass bottles, wire, nails, tags, hedge, cans, garbage, trash, refuse, rubbish of any kind, nature or description on the right of way of any public road or on the banks of any stream, or on any land or water owned, operated or leased by the city or state, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the federal government or on any private real property owned by another without the owner's consent. (§2525, 1978 Code; Ord. 27, §§1-5; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Secs. 14-16 to 14-19.  Reserved.

ARTICLE IV
PUBLIC PEACE AND SAFETY

Sec. 14-20.  Peace disturbance.

      A person commits the offense of peace disturbance if:

      (a) He unreasonably and knowingly disturbs another person or persons by:

(1)    Loud noise;

 (2)   Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or

(3)    Threatening to commit a physical assault of any nature against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or

(4)    Fighting; or

(5)   Creating a noxious or offensive odor; or

      (b) He is in a public place or on private property of another without consent and purposefully causes inconvenience to another person or persons by unreasonably and physically obstructing:

(1)    Vehicular or pedestrian traffic; or

(2)    Free ingress or egress to or from a public or private place.
(Ord. 5; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Sec. 14-21.  Noise - Creating unreasonably loud, disturbing, etc. noise prohibited; exceptions.

      (a) A person commits the offense of noise disturbance if he creates an unreasonably loud, disturbing or unnecessary noise of such a character, intensity or duration as to be detrimental to the life or health of any individual or in the disturbance of the public, peace and welfare, within the City is hereby prohibited.

      (b) There shall be excepted from the terms of this section and the prohibitions contained therein shall not apply to or be enforced against:

 (1)   Any ambulance or any officer of the law while engaging in necessary public business or any vehicle of the City while engaging in necessary public business; and

(2)    Excavations or repairs of bridges, streets or highways by or on behalf of the City, the County or the State during night time when the public welfare and convenience renders it impracticable to perform such work during the day; and

(3)    The reasonable use of amplifiers in the course of public address which are non-commercial in nature.

      (c) The following acts, among others, are declared to be loud, disturbing and unnecessary noises and constitute violations of this section, but this enumeration shall not be deemed exclusive:

 (1)   The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle for a prolonged, unnecessary and unreasonable period of time.

(2)    It shall be unlawful to play or commit to be played any radio, phonograph, tape player, compact disc player, musical instrument or other similar device for producing or amplifying sound in a manner that disturbs the peace, quiet and comfort of neighboring inhabitants.

(3)    Playing or permitting to be played any device described in subsection (c) (2) of this section between 10:00 p.m. and 6:00 a.m. so that it is plainly audible at a distance of 50 feet from the building, structure or outdoor area in which the device is located shall be prima facia evidence of a violation of this section.

(4)    Playing or permitting to be played any device described in subsection (c) (2) of this section between 6:00 a.m. and 10:00 p.m. so that it is plainly audible at a distance of 100 feet from the building, structure or outdoor area in which the device is located shall be prima facia evidence of a violation of this section.

(5)    It shall be unlawful for the operator of any vehicle to play or permit to be played any sound producing or sound amplifying device in or on the vehicle so that it is plainly audible at a distance of 50 feet from the vehicle.

 (6)   All the items in subsection (c) (2), (c) (3) and (c) (4) of this section shall not apply to any officially recognized group or organization operating from or in a structure or any outdoor area where applicable permit has been obtained to do so from the office of the Chief of Police. This permit shall only be valid from 6:00 a.m. and 10:00 p.m. on a daily basis.

(7)    Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity, both in residential and business districts is prohibited.

(8)    Keeping any animal, bird or fowl, which, by frequent or loud continued noise shall disturb the comfort or repose of any person in the vicinity is prohibited.

(9)    The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary, grating, grinding, rattling or other noises shall be prohibited.

(10)  The unreasonable and unnecessary and prolonged blowing of any steam whistle shall be prohibited.

(11)  To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, shall be prohibited.

(12)  The  erection  (including  excavation), demolition, alteration or repairs of any building in any residential district or section and the excavation of streets and highways in any residential district or section, other than between the hours of 6:00 a.m and 10:00 p.m., except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Engineer, which permit may be granted for a period not to exceed thirty days while the emergency continues. If the City Engineer should determine that public health and safety will not impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 10:00 p.m. and 6:00 a.m. and he shall further determine that the loss or inconvenience will result to anyparty in interest, he may grant permission that such work be done between the hours of 10:00 p.m. and 6:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.

(13)  The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or Court while the same are in session, which unreasonably interferes with the workings or sessions thereof, or the creation of any excessive noise on any street adjacent to any hospital shall be prohibited.

(14)  Creation of loud and excessive noise in connection with the loading or unloading any vehicle or the opening and destruction of any bales, boxes, crates and containers.

(15)  Use of any musical instrument, loud speaker, or other noise-making device for the purpose of attracting the attention to any performance, show or sale or display or merchandise or any other purpose, between the hours of 10:00 p.m. and 6:00 a.m. except for parades authorized.
§2517.005, 1978 Code; Ord. 112, §2)

Sec. 14-22.  Intoxication in public; disturbance of peace.

      (a) No person shall be in an intoxicated condition in any street, alley or other public ground or place, or in any public building or business house, or shall be in an intoxicated condition in any private house or private premises to the annoyance or disturbance of the peace of any person.

      (b) A person is in an “intoxicated condition"' when he is under the influence of alcohol, a controlled substance, drug, or any combination thereof. (Ord. 112, §2)

Sec. 14-23.  Loitering on school grounds and buildings.

      It shall be unlawful for any person to loiter on the grounds of or within the buildings of any public or private kindergarten, grade or high school when such school is in session, and it shall be unlawful for any person so loitering to refuse to leave immediately such buildings or grounds upon request of the principal or other person in charge thereof. (Ord. 112, §2)

Sec. 14-24.  Loitering, prowling, etc. in and about private dwellings.

      It shall be unlawful for any person to loiter or prowl in or about any dwelling occupied by a family or individual in the city in the night time, or while so loitering or prowling around such dwelling look, peek or observe such dwelling, or the inside thereof of the occupant of such dwelling.  (Ord. 12, §§1-3; Ord. 112, §2)

Sec. 14-25.  Abandonment of airtight or semi-airtight containers.

      A person commits the offense 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 cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with a hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life or removing such hinges, latches, or other hardware which may cause a person to be confined therein. (Ord. 112, §2)

Sec. 14-26.  Minors – Contributing to the delinquency of minors.

      It is unlawful for any person to encourage, aid or cause a child under the age of seventeen years to commit any act or engage in any conduct which would be injurious to the child's morals or health, and it is unlawful for any person to commit any act or omit the performance of any duty which contributes to, causes or tends to cause a child under the age of seventeen years to come within the provisions of subdivisions (1) or (2) of section 211.031 of the Revised Statutes of Missouri. (Ord. 112, §2)

Sec. 14-27.  Indecent exposure of person.

      No person shall indecently expose his or her person within the city limits or who shall be seen upon the public streets or alleys not sufficiently clothed to hide his or her nakedness.   (§2507, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Sec. 14-28.  Curfew.

      (a) It shall be unlawful for any person to remain or loiter upon the streets, alleys or other public places of the City of Vienna or upon the private places or property of another located within the City of Vienna, without that owner's express permission between the hours of 12:01 o'clock A.M. and 5:00 o'clock A.M. on any day of the year except the day commonly known as Halloween; and, on the day commonly known as Halloween, between the hours of 9:00 o'clock P.M. and 5:00 o'clock A.M.

      (b) Expressly excluded from this Section are:

(1)    Any person traveling to or from a school, educational or church sponsored program or activity;

(2)    Any person traveling to or from a regular place of employment;

(3)    Emergency situations;

(4)    Any person under the age of twenty-one (21) years when accompanied by a parent;

(5)    Any person, otherwise engaged in lawful activities, traveling directly to the residential home of that person where after direct and prompt arrival at such home, the person remains at such residential home until 5:00 o'clock A.M.
(Ord. 114, §1)

Sec. 14-29.  Fireworks.

      (a) It shall be unlawful for any person or entity to manufacture, sell, offer for sale, ship or cause to be shipped in or into the City of Vienna any item of fireworks without a permit issued by the State of Missouri pursuant to the provision of Section 320.160 through 320.161 of the Revised Statutes of Missouri, or without being in compliance with the sales tax laws of the State of Missouri and of the City of Vienna, or without a valid business license from the City of Vienna.

      (b) It shall be unlawful for any person or entity to possess, sell or use within the City of Vienna any fireworks other than aerial devices or ground devices, all of which are classified as fireworks, UN0336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class C common fireworks by said Department.

      (c) Ground salutes commonly known as "cherry bombs", "M-80's", "M-100's" "M-1000's" and any other tubular salutes which exceed the federal limits set for fireworks under UN0336, 1.4G are expressly prohibited from shipment, manufacturing, possession, sale or use within the City of Vienna.

      (d) To the extent not inconsistent with any provision herein, the definitions set forth in Section 320.160 of the Revised Statutes of Missouri are expressly incorporated herein by reference.  (Ord. 115, §1)

      (e) It shall be unlawful for any person or entity to shoot, discharge, accelerate, or in any manner cause the explosion of fireworks in any nature whatsoever at any time in the City of Vienna except on the dates of June 25 through and including July 6, inclusive, at the hours of 11:00 o’clock A.M. to 11:00 o’clock P.M. and on December 31, from 11:45 o’clock P.M. until January 1 at 12:15 o’clock A.M., of each year. (Ord. 164, §1)

ARTICLE V
WEAPONS 

Sec. 14-30.  Discharge of firearms prohibited.

      No person shall fire any gun, pistol, revolver or other firearm or air rifle within the City except as herein provided. The provisions of this section shall not apply to the firing of firearms within the bounds of gun clubs, skeet shoots or target ranges as authorized by the Chief of Police under the permit obtained in accordance with this section. The Chief of Police is hereby authorized to issue permits for special one day shooting events to be held in such places as, in the opinion of the Chief of Police, shall provide maximum safety for all persons concerned, and under the direct supervision and control of such person as the Chief of Police may deem competent for such purposes. Nothing contained herein shall prohibit the use of firearms for hunting purposes in such areas where hunting may be permitted by law.  (Ord. 9, §§1, 2; As amended by adopting ordinance dated July 7, 1992; Ord. 11, §2)

Sec. 14-31.  Unlawful use of weapons - Carrying, etc. - Exceptions.

      (a) No person shall knowingly carry concealed on or about his person, any firearms, knife, blackjack, or any other weapons readily capable of lethal use.

      (b) No person shall possess or discharge any firearm while intoxicated.

      (c) No person shall carry a firearm or other weapons readily capable of lethal use in any church or in any school building or in any school grounds or to any election precinct or in any agency of the federal, state or local government, or to any public assemblage of any persons for any lawful purpose.,

      (d) Nothing contained in subsections (b) or (c) of this section shall apply to or affect any of those individuals set forth in section 571.030.2 of the Revised Statutes of Missouri.

      (e) For the purposes of this section, "firearm", "knife" and "blackjack" shall have the same meaning as in section 571.010 of the Revised Statutes of Missouri. (§2523.303, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Sec. 14-32.  Concealed weapons - Sale to minors prohibited.

      No person shall directly or indirectly sell, deliver, loan or barter to any minor any weapon of the type described in section 14-32 without the written consent, or in the presence of, the parent or guardian of such minor. (Ord. 45, §§1-3; Ord. 112, §2)

Secs. 14-33 to 14-39.  Reserved.

ARTICLE VI
LAW ENFORCEMENT

Sec. 14-40.  Officers - Obstructing, resisting, assaulting, etc. prohibited.

      (a) The person commits the offense of obstructing, resisting or opposing an officer if:

(1)    Knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or lawfully stopping 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:

(i)        Resists the arrest, stop, or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or
(ii)       Interferes with the arrest, stop, or detention of another person by using or threatening use of violence, physical force, or physical  interference.

(2)    This subsection (1) of this section applies to arrests, stops or detentions with or without warrants and to arrest, stops or detentions for any crime, infraction or ordinance violation.

(3)    It shall be no defense to a prosecution pursuant to this subsection (a) (1) 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 an unlawful arrest.

      (b) The person commits the offense of failure to comply with an officer if the person willfully fails and refuses to comply with any lawful order or direction of the law enforcement officer. (§2515.005; §2517.005; §2509, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 112, §2)

Secs. 14-41 to 14-49.  Reserved.

ARTICLE VII
CONTROLLED SUBSTANCES

Sec. 14-50,  Marijuana - Possession.

      (a) It is unlawful for any person to have in his possession or under his control marijuana in a quantity of less than thirty-five grams.

      (b) For the purposes of this section, "marijuana” means all parts of the plant genus Cannabis in any species or formthereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis and Cannabis Gigantea, whether growing or not, the seed 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 (except the resin extracted therefrom), fiber, oil or cake or the pound, 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.  (Ord. 66, §1; Ord. 112, §2)

Sec. 14-51.  Consumption prohibited in certain locations.

      It shall be unlawful for any person to drink or consume intoxicating liquor upon any public street or alley in or about any public building or in any public conveyance or in any automobile, truck, or other motor vehicle upon the public streets or alley of the City of Vienna. (Ord. 112, §2)

Sec. 14-52.  Sale to minor, certain other persons; Exceptions.

      (a) No person shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard; nor shall any person whomsoever, except his or her parent or guardian, procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard.

      (b) This Section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one years for medical purposes only, or to the administering of such intoxicating liquor to any person by a duly licensed physician. (Ord. 112, §2)

Sec. 14-53.  Purchase or possession of intoxicating liquors by minors.

      (a) Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in Section 331.020 of the Revised Statutes of Missouri or who is visibly intoxicated as defined in Section 577.001 of the Revised Statutes of Missouri or has a detectable blood alcohol content of more than 2/100’s of one percent (1%) or more by weight of alcohol in such person’s blood is guilty of violation of this section. For purposes of prosecution under this section, 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 a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

      (b) For purposes of determining violations of any provisions of this section, 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 a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

      (c) Violation of this section shall be punished pursuant to the provisions of Section 14-0, Penalty for violation, of the ordinances of the City of Vienna.
 (Ord. 112, §2; Ord. 135, §2)

Sec. 14-54.  Prohibiting smoking in public buildings owned and operated by theCity of Vienna.

      (a) No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device in any building owned or operated by the City of Vienna, Missouri. Smoking will not be allowed in enclosed areas used by the general public or serving as a place of work, including open office areas. Smoking shall be specifically prohibited in the following areas:

(1)       All City owned buildings.
(2)       Any portion of the Vienna Senior Center.
(3)       Any portion of the Vienna City Hall.
(4)       All open space that is accessed by the public.

      (b) Placards or signs reading “Smoking Prohibited by Law” shall be posted in all City owned or operated buildings.

      (c) The prohibition of smoking shall not apply to those areas that are so designated as smoking areas by placard or sign.

      (d) Violation of this section shall be deemed as a misdemeanor offense.
(Ord. 138, §§1-4)

Secs. 14-55 to 14-59.  Reserved.