No person shall:
(A) Be intoxicated or under the influence of an alcoholic beverage or under the influence of any drug or any combination of alcoholic beverages and drugs in any public place and either endanger directly the safety of another person or the property of another person, or act in a manner that causes or creates a public disturbance;
(B) Sell, give or furnish any drug to any person without first obtaining a license to sell, give or furnish such drug, except as otherwise authorized by state law;
(C) Sell, give or furnish any alcoholic beverage to any person who appears to be or is reasonably suspected to be drunk or intoxicated;
(D) Purchase, consume or possess an alcoholic beverage if less than 21 years of age, except as provided in this chapter.
(1) In addition to the penalties set forth within this chapter, a person convicted of violating this division (D) may be ordered to perform community service and to undergo substance abuse screening and assessment or substance abuse treatment and rehabilitation at his or her own expense.
(2) A public safety officer who has reasonable cause to believe that a person under the age of 21 years has consumed alcoholic liquor may request that the person submit to a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis shall be admissible as evidence and a legal presumption shall be made by the court that the person less than 21 years of age has consumed or possessed alcoholic liquor if a preliminary chemical breath analysis indicates a person’s blood contained 0.02% or more weight by alcohol.
(3) This division (D) shall not be construed to prohibit a person under 21 years of age from possessing alcoholic beverages if any of the following circumstances exist:
(a) The alcoholic beverages are possessed during regular working hours and in the course of the person’s employment if such employment is by a person properly licensed by the state, by the Liquor Control Commission or by an agent of the Liquor Control Commission, and if the alcoholic beverage is not possessed for such person’s personal consumption;
(b) The person is participating in an undercover decoy operation and the person has purchased or received alcoholic beverages exclusively at the direction of a state, county or local police agency as part of an undercover operation;
(c) The person is consuming sacramental wine in connection with religious services at a church, synagogue or temple; or
(d) The alcoholic beverage is either an over-the-counter or a prescribed commercially prepared product which is intended for use as a medicine to treat colds, coughs, allergies or influenza, and is being possessed or used for that purpose.
(E) Knowingly transport or possess, in a motor vehicle, an alcoholic beverage if less than 21 years of age. This section shall not apply if the person is employed by a licensee under state law, the state’s Liquor Control Commission, an agent of said Commission or a police officer where the transport or possession of the alcoholic beverage occurs in the course of the person’s employment;
(F) Knowingly, or upon failure to make diligent inquiry, sell, furnish or give alcoholic liquor to a person less than 21 years of age. This shall not apply to alcoholic beverages given under the authority of and pursuant to the direction of a duly licensed physician, or to a sacramental wine offered by a member of the clergy in connection with religious services within a church, synagogue or temple;
(G) Falsely represent that he or she or any other person is 21 years of age or older for the purpose of procuring the sale or furnishing of any alcoholic beverage;
(H) Knowingly allow or permit any other person to operate a motor vehicle or other piece of machinery owned or controlled by him or her when he or she knows or should reasonably know that the other person is intoxicated or under the influence of an alcoholic beverage or a controlled substance;
(I) Consume, possess or knowingly have under his or her control any open container of alcoholic beverage in any public park, public school property or upon any public street or public sidewalk. This section shall not apply if the alcoholic beverage is consumed or possessed exclusively within an area which is currently licensed for sale or consumption by the state’s Liquor Control Commission, and if the person is otherwise lawfully entitled to consume or possess the alcoholic beverage;
(J) Inhale, drink, eat or otherwise introduce into his or her respiratory or circulatory system any model glue, or other inhalant with the intent of inducing intoxication, elation, dazed condition, paralysis or irrationality or in any manner distort or disturb the eyesight, thinking process, judgment, balance or coordination of such person;
(K) Except as otherwise permitted by the MMMA, no person shall:
(1) Operate, navigate, or be in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle or motorboat while under the influence of marihuana;
(2) Transfer marihuana or marihuana accessories to a person under the age of 21;
(3) If a person is under the age of 21, possess, consume, purchase or otherwise obtain, cultivate, process, transport or sell marihuana;
(4) Separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100º F. in any public place, motor vehicle, or within the curtilage of any residential structure;
(5) Consume marihuana in a public place or smoke marihuana on a property where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subsection, a public place does not include an area designated for consumption within the city that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;
(6) Cultivate marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;
(7) Consume marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoke marihuana within the passenger area of a vehicle upon a public way;
(8) Possess marihuana accessories or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or
(9) Possess more than two and one-half ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
(L) Except as provided in the MRTMA, MMMA, and/or division (K) of this section, the following acts by a person who is 21 years of age and older are not unlawful:
(1) Possessing, using or consuming, internally possessing, purchasing, transporting, or processing two and one-half ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;
(2) Within the person’s residence, possessing, storing, and processing not more than ten ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;
(3) Assisting another person who is 21 years of age or older in any of the acts described in this section; and
(4) Giving away or otherwise transferring without remuneration up to two and one-half ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
(M) Permit or allow any premises owned, or controlled by him or her to be used or occupied by persons engaged in the unlawful use of an alcoholic beverage or a controlled substance;
(N) Purchase, possess, or use any tobacco products if less than 21 years of age. A person less than 21 years of age who violates this division (N) is responsible for a civil infraction and may be fined up to $500 plus court costs and the costs of prosecution. This division (N) shall not be construed to prohibit a person from possessing tobacco products if any of the following circumstances exist:
(1) The tobacco products are possessed during regular working hours and in the course of the person’s employment and the tobacco products are not purchased or possessed for such person’s personal consumption; or
(2) The person is participating in an undercover decoy operation and the person has purchased or received tobacco products exclusively at the direction of a state, county, or local police agency as part of an undercover operation.
(O) Falsely represent that he or she or another person is 21 years of age or older for the purpose of procuring the sale or furnishing of any tobacco product.
(P) Knowingly, or upon failure to make diligent inquiry, sell, furnish, or give tobacco products to a person under 21 years of age.
(Q) No person under 21 years of age shall knowingly attend, frequent or be an occupant at a place where the illegal consumption of alcohol by other persons under the age of 21 is being allowed in violation of this division (Q), or a place where other persons under the age of 21 are illegally in possession of alcoholic liquor. This division (Q) shall not apply to a place where the attendance is limited to the immediate family of the occupier of the premises and at least one parent residing in that household is actually present. A person who violates this division (Q) is responsible for a civil infraction and shall be subject to a fine of up to $500 plus court costs and the costs of prosecution.
(Ord. effective 4-27-2001; Ord. effective 11-18- 2016; Ord. effective 10-18-2019; Ord. effective 2-14-2020)