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Home My Public Portal AboutORD14895 BILL NO. 2011-113 SPONSORED BY COUNCILWOMAN Carroll /TD ORDINANCE NO. /` qs� AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY SEPARATING OFFENSES IN ORDER TO ALLOW MUNICIPAL COURT SOFTWARE TO ASSIGN A CODE FOR EACH OFFENSE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 4 (Alcoholic Beverages), Section 4-16 (Purchase or possession by minors) of the Code of the City of Jefferson is amended as follows: Sec.4-16. Purchase or possession by minors. A. Any person under the age of twenty-one years, who purchases or attempts to purchase, .,-r has in his er-Her-possession, any intoxicating liquor as defined in section 4-1 e:„heis visibly i:,toxi^eted as defined in section 577.901 RSP U, n has a dote.table bland .lenl.nl egntent A f MAFe than « h. ndredtha f gag n�ntOfore h ht of aleahol ' h eisen§-klsedis guilty of code �-°r°^`_p �=^.�ra*co^mom-�-�r�P D violation. Fer--pd.'^po.,2 �eoutiori a def this seet:n., of an n«LeF p i, invelving an alleged illegal sale g tratisfef of:n 6nD liquo °deF_tweHtYm1e years of age a manufktffff aled_eamninea de Ling that there is intAxisating liquet m 4hcefei* reed not be apened-"e eantents thpFain tented to vei:if�,that there is n«g.. ..at:na g liq. +i& eentaine` The alleged . olateF allege that there intg..ieating Nquar�gh��,n� D 's`I° but the bufden of proof of such allegation .eh peFse hall be pFesufled�t such-a `'m'an�ix,-¢c,r-viP ,�¢�artair-o�� sealed-GaRtai eseFibing b that there is mWi atinn lin n thei'ein contains a : ating lique« B. Any person under the age of twenty-one vents who has in his or her possession any intoxicating liquor as defined in section 4-1 is guilty of code violation. C. Any person under the age of twenty-one vears who has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of code violation. D. For purposes of determining violations of any provision of this chapter, or of any rule or regulation of the supervisor of alcohol and tobacco control, 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. E. For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty one years of age.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 Bill 2011-113 Page t 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 (Ord. 14316, §1, 1-22-2008) State law reference-Purchase,or possession,by minor prohibited,RSMo. §311325. Section 2. Chapter 13 (Fire Prevention and Protection) of the Code of the City of Jefferson is amended by the addition of a new Section 13-45 (Discharge of Fireworks Prohibited) as follows: Sec. 13-45. Discharge of Fireworks Prohibited It shall be a violation of this code for anv person to store,use,or explode anv fireworks,except as provided by the Fire Code,as amended. Section 3. Chapter 13 (Fire Prevention and Protection) of the Code of the City of Jefferson is amended by the addition of a new Section 13-46 (Opening Burning Prohibited), as follows: Sec. 13-46. Open Burning prohibited. Open burning of leaves,grass clippings,tree limbs,vegetation grown,or trash is prohibited except as allowed by the Fire Code as amended. Section 4. Chapter 19 (Motor Vehicles and Traffic), Section 19-103 (Speed Limits), of the Code of the City of Jefferson, is amended as follows: Sec. 19-103.Speed limits. A. Every driver of a motor vehicle shall drive in a careful and prudent manner on the roadways of this city, and at a rate of speed so as not to endanger the property of another or the life or limb of any person,and shall exercise the highest degree of care. B. No person shall operate a vehicle on any street in excess of the speed established by ordinance for such street; provided that in the absence of a sign the speed limits on a street shall be thirty (30) miles per hour. C. No vehicle shall be driven at a speed in excess of fifteen (15) miles per hour within any public park in the city. D. No person shall operate a vehicle on anv street in a school zone in excess of the speed established by ordinance for such street. Bill 2011-113 Page 2 E. Nothing in this section shall make the speeds fixed for specific streets lawful in a situation requiring a lower speed for compliance with the basic rule declared in subsection (a) of this section. (Code 1977, §23-51) State law reference-Speed limits, RSMo. § 304.009 et seq. Section 5. Chapter 19 (Motor Vehicles and Traffic), Section 19-125 (Driving while Suspended or Revoked), of the Code of the City of Jefferson, is amended as follows: Sec. 19-125. Driving while suspended or revoked. A. Driving while Suspended. No person whose license and driving privilege as a resident or nonresident has been eaneeled; suspended, o- revo^ksd under the provisions of Chapter 302 and 577 RSMo, as amended from time to time,shall drive any motor vehicle upon the highways of this City while such license and privilege is eaneeled, suspended o- - ' °a°a and before an official reinstatement notice or termination notice is issued by the director. Enforcement of this section shall be in accordance with state law.See 577.048, RSMo B. Driving while revoked. No person whose license and driving privilege as a resident or nonresident has been revoked under the provisions of Chapter 302 and 577 RSMo, as amended from time to time shall drive any motor vehicle upon the hi hways of this City while such license and privilege is revoked and before an official reinstatement notice or termination notice is issued by the director. Enforcement of this section shall be in accordance with state law.See 577.048,RSMo (Ord.No. 11821, §2, 11-3-92; Ord.No. 13103, §2, 8-21-2000) Section 6. Chapter 19 (Motor Vehicles and Traffic), Section 19-127A (Driving without a valid operator's license), of the Code of the City of Jefferson, is amended as follows: Sec. 19-127A.Driving without a valid operator's license. A. No person shall operate a motor vehicle upon any street in the city unless such person has a valid Missouri driver license of-pemi«- such-Pe.°��-.b '- -pv��.�a-.ma=o=-.�._: ^ in the„-ate.- ate of his residence. B No person shall permit their motor vehicle to be operated upon any city street unless such person is legally licensed to operate a motor vehicle in the state of his residence. Bill 2011-113 Page 3 Section 7. This Ordinance shall be in full force and effect from and after the date of its passage1 and approval. Passed: /�, Cr (/ / Approved: h o� Presidi Offic r M o ATTEST: APPROVED AS TO FORM: City Clerk Interim City Counselor Bill 2011-113 Page 4