CHAPTER 132 — Offenses Against Health, Welfare And Morals
§ 132.01 Possessing Or Transporting Alcoholic Beverages
(A) It is unlawful for any person under the age of 21 years to be in possession of any intoxicating or nonintoxicating alcoholic beverage while such person is upon any public street, road or highway or in any public place within the town limits.
(B) It is unlawful for any parent or guardian of a person under the age of 21 years to permit such person to be in possession of an intoxicating alcoholic beverage.
(C) It is unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street or alley any intoxicating or nonintoxicating beverage except in the original container, which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment. The REAR TRUNK OR COMPARTMENT shall include the spare tire compartment in a station wagon or panel truck or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.
(D) For the purpose of this section, “intoxicating beverage” and “nonintoxicating beverage” shall be as defined in Ch. 115 of this code.
(Prior Code, § 10-402) Penalty, see § 132.99
§ 132.02 Intoxicating Liquors
It is unlawful:
(A) For any person to barter, sell, give away or otherwise furnish to another any intoxicating or nonintoxicating liquor or beverage of any kind, except as permitted by law;
(B) To have in possession or under control any intoxicating or nonintoxicating liquor or beverage, except as permitted by law, or to transport or in any manner convey from place to place in the town any intoxicating or nonintoxicating liquor or beverage, except as permitted by law;
(C) To loiter in a place where intoxicating or nonintoxicating liquor is sold, bartered, given away or otherwise furnished contrary to law; or
(D) To keep, maintain or aid or abet in keeping or maintaining a place where intoxicating or nonintoxicating liquor is sold, bartered, given away or otherwise furnished in violation of law.
(Prior Code, § 10-403) Penalty, see § 132.99
§ 132.03 Public Drinking And Intoxication
(A) Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
STATE OF INTOXICATION. The condition in which a person is under the influence of any intoxicating, nonintoxicating, spirituous, vinous or malt liquors, or of any narcotic or drug, to such an extent so as to deprive the person of his or her full physical or mental power, or in which a person is a danger to himself, herself or others.
(B) Prohibition. It is unlawful for any person to appear or be upon or in any street, alley or other public place in the town in a state of intoxication.
(Prior Code, § 10-401) Penalty, see § 132.99
§ 132.04 Marijuana And Drug Paraphernalia
(A) Possession; paraphernalia.
(1) Definitions. For the purpose of this division (A), the following definitions apply unless the context clearly requires a different meaning.
DRUG PARAPHERNALIA.
1. All equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, being 63 O.S. §§ 2-101 et seq., including, but not limited to:
a. Kits used or intended for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
b. Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
c. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance;
d. Test equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
e. Scales and balances used or intended for use in weighing or measuring controlled dangerous substances;
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
g. Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
h. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances;
i. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
j. Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
k. Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
l. Any pipe that has a tobacco bowl or chamber of less than one- half inch in diameter in which there is any detectable residue of marijuana or any other controlled dangerous substance, as defined in this division (A), or any other substances not legal for possession or use;
m. All hidden or novelty pipes; and
n. Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
ii. Water pipes;
iii. Carburetion tubes and devices;
iv. Smoking and carburetion masks;
v. ROACH CLIPS, meaning objects used to hold burning material, such as a marijuana cigarette, which has become too small or too short to be held in the hand;
vi. Miniature cocaine spoons and cocaine vials;
vii. Chamber pipes;
viii. Carburetor pipes;
ix. Electric pipes;
x. Air-driven pipes;
xi. Chillums;
xii. Bongs; or
xiii. Ice pipes or chillers.
2. This is provided, however, that the term DRUG PARAPHERNALIA shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco.
MARIJUANA.
1. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin.
2. MARIJUANA shall not include the mature stalks of such plant, fiber produced from such stalks, oils or cakes made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except for the resin extracted therefrom, fibers, oils or cakes or the sterilized seeds of such plant which are incapable of germination.
(2) Unlawful use or possession.
(a) It is unlawful for any person to knowingly use or possess marijuana or to deliver, possess or manufacture any such controlled dangerous substance or paraphernalia. At the officer’s discretion, this charge may be filed in Municipal Court if the amount of substance is determined to be considered personal use, which includes any testable amount of marijuana. If the officer deems it necessary, these charges may be filed through District Court.
(b) At no time will an individual of the age of 17 or under or an officer employed at the Town Police Department have the option of any marijuana or paraphernalia charges being filed through Municipal Court. All individuals who fall into this age bracket and below will be filed through District Court.
(3) Drug paraphernalia; factors used in determining. In determining whether an object is “drug paraphernalia,” a court or officer shall consider, in addition to all other logically-relevant factors, the following:
(a) Statements by the owner, or by anyone in control of the object, concerning its use;
(b) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act;
(c) The proximity of the object to controlled dangerous substances;
(d) The existence of any residue of controlled dangerous substances on the object;
(e) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons who intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Act; the innocence of the owner, or of anyone in control of the object, as to a direct violation of this Act shall not prevent a finding that the object is drug paraphernalia;
(f) Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
(g) Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
(h) The manner in which the object is displayed for sale;
(i) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(j) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses for the object in the community; and
(l) Expert testimony concerning its use.
(4) Exemption for prescription orders. This division (A) shall not apply to any marijuana lawfully obtained or authorized by a valid prescription order from a licensed physician while acting in the course of his or her professional services.
(Prior Code, § 10-404)
(B) Marijuana offenses.
(1) Consumption of marijuana in public prohibited.
(a) For the purpose of this division (B), the following definition applies unless the context clearly requires a different meaning.
PUBLIC. Shall mean:
a. In or upon any public way or public right-of-way, whether in a vehicle or not;
b. On any property or in any building which is owned, leased, used by or open to the public; or
c. In or upon those portions of any private property upon which the public has an express or implied license to enter or remain.
(b) No person shall consume any marijuana in public.
(c) No person shall drive or sit in the driver’s seat of any motor vehicle, other than one licensed to carry passengers for hire, in which a violation of division a. of the definition of “public” above is occurring.
(2) Public nuisance.
(a) 1. No person, tenant, occupant or property owner shall permit the emission of marijuana odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another’s property.
2. Whether or not a marijuana odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity. A marijuana odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if marijuana is detectable outside of the premises.
(b) Growing marijuana shall not be conducted in a manner which constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration which is detrimental to the public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
(c) No person shall be convicted of a violation of this division (B) unless the Town Board of Trustees or an agent of the Board has delivered or posted a written warning in the previous 12 months that conduct violating this division (B) is occurring or has occurred.
1. The person, tenant, occupant or property owner must abate the marijuana odor emission within seven days after the warning is delivered or posted.
2. Seven or more days after a warning is posted or delivered, a separate violation of this division (B) occurs on each day the marijuana odor emission repeats or continues.
3. The warning shall cite this division (B).
4. The warning may be delivered personally or posted on the property.
5. It shall be presumed that a person charged under this division (B) received the warning if the warning was either:
a. Delivered to the property owner, a tenant or an occupant; or
(A) Title. This section shall be known and cited as the “Town of Calera Ordinance Banning Synthetic Marijuana.”
(B) Purpose. The purpose of this section is to control and regulate any form of synthetic marijuana within the town and to provide rules and guidelines to facilitate the enforcement thereof.
(C) Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
SYNTHETIC MARIJUANA.
(a) A psychoactive designer drug derived of natural herbs sprayed with synthetic chemicals which, when consumed, mimic the pleasurable effects of marijuana. It is now being possessed, distributed and sold under several names, including, but not limited to, Incense, Potpourri, Spice, K-2 and Blaze.
(b) 63 O.S. § 2-204(f), as annotated, defines synthetic marijuana as any quantity of a synthetic chemical compound which is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally-occurring substances, including the following.
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(D) Regulation. The advertisement, sale, distribution, possession or usage of synthetic marijuana is hereby prohibited within the town.
(E) Violation.
(1) Any person or entity which violates the prohibitions contained in this section shall be considered a violation of this section and shall be subject to the penalties hereinafter provided.
(2) A person who owns, manages, operates or otherwise controls a business location who fails to comply with the provisions of this section shall be considered a violation of this section and shall be subject to the penalties hereinafter provided.
(3) The possession, sale, distribution or use of each separate package of synthetic marijuana shall constitute and be punished as a separate occurrence and infraction of this section.
(4) A violation of the provisions of this section by selling, marketing or distributing synthetic marijuana shall constitute a nuisance in the town.
(F) Prosecution.
(1) At the officer’s discretion, this charge may be filed in Municipal Court if the amount of substance is determined to be considered personal use, which includes any testable amount of synthetic marijuana.
(2) If the officer deems it necessary, these charges may be filed through District Court.
(3) At no time will an officer employed at the Town Police Department have the option of prosecuting charges for the sale, distribution, possession or use of synthetic marijuana or of any paraphernalia commonly used with such drug against an individual who is 17 years of age or under. All individuals who fall into this age bracket and below will be filed through District Court.
§ 132.06 Nudity, Improper Dress And Indecent Exposure
It is unlawful for any person to:
(A) Appear in any public place in the town in a state of nudity;
(B) Appear in any public place in the town in any offensive, indecent or lewd dress; or
(C) Make an indecent public exposure of his or her person.
(Prior Code, § 10-409) Penalty, see § 132.99
§ 132.07 Obscenity
(A) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
AVAILABLE TO THE PUBLIC. The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
DISSEMINATE. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and the content of the material.
MATERIAL. Any book, magazine, newspaper or other printed or written material, any picture, drawing, photograph, motion picture or other pictorial representation, any statue or other figure, any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully-opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE. To the average person applying contemporary community standards:
(a) The predominant appeal of the matter, taken as a whole, is to prurient interests, such as a shameful or morbid interest in sexual conduct, nudity or excretion;
(b) The matter depicts or describes in a patently-offensive manner sexual conduct regulated by 21 O.S.; and
(c) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE. Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE. To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages, including, but not limited to, hosting and hostessing, hat-checking, cooking, bartending, serving, table setting and clearing, waitering and waitressing and entertaining.
(Prior Code, § 10-410)
(B) Prohibited obscene conduct.
(1) It is unlawful for any person to:
(a) Knowingly disseminate, sell, offer for sale, publish, display, distribute, make available to the public or buy any obscene material;
(b) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity or exhibition utilizing displays, circulars, advertisements and other public sales efforts which promote such commerce primarily on the basis of their prurient appeal;
(c) Knowingly engage or participate in any obscene performance made available to the public;
(d) Provide service to patrons in such a manner so as to expose to public view:
1. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
2. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
3. Any portion of the female breast at or below the areola thereof.
(e) Knowingly promote the commission of any of the above-listed unlawful acts.
(2) Each complete or partial display or other material exhibition of any motion picture film or other material shall be deemed to constitute a separate offense. The provisions of this section shall not apply to a projectionist, assistant projectionist, usher or cashier, provided that such person has no financial interest in the motion picture theater and so long as that person is not acting as director or manager of the theater.
(Prior Code, § 10-411)
Penalty, see § 132.99
§ 132.08 Prostitution
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
LETTING PREMISES FOR PROSTITUTION. The granting of the right of use or the leasing of any premises while knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with such knowledge.
PROSTITUTION. The giving of the body for sexual intercourse or sodomy for hire or money.
SOLICITING FOR PROSTITUTES. The soliciting, inviting, inducing, directing or transporting of a person to any place with the intention of promoting prostitution.
(B) Prohibitions. It is unlawful for any person to:
(1) Be a prostitute;
(2) Solicit, entice or procure another to commit or engage in any act of prostitution;
(3) Engage in any act of prostitution;
(4) Knowingly let premises for the purpose of prostitution;
(5) Conduct a business or premises for prostitution; or
(6) Be party to an act of prostitution or solicitation of prostitution in the limits of the town.
(Prior Code, § 10-405) Penalty, see § 132.99
§ 132.09 Sleeping In Public
It is unlawful for any person to sleep on any street, in any other public place or on any property of another without the express or tacit consent of the owner or person in charge of such place between the hours of 12:00 a.m., midnight, and 6:00 a.m. It is unlawful for a person to loiter on or about the premises of any public or private school or other public building or in or about a depot of a public carrier.
(Prior Code, § 10-414) Penalty, see § 132.99
§ 132.10 Begging
It is unlawful for any person to beg alms for any person, organization or agency, except for an organization or agency, public or private, whose purpose, or one of whose purposes, is to aid persons in need.
(Prior Code, § 10-415) Penalty, see § 132.99
§ 132.11 Gambling
(A) It is unlawful for any person, firm or corporation, or an agent or employee thereof, to do any of the following:
(1) To play, to open or cause to be opened or to operate, carry on or conduct, whether for hire or not, any game of faro, monte, poker, roulette or craps, or any banking, percentage or other game played with dice, cards or any device, for money, checks, chips, credit or any other thing of value;
(2) To set up, operate or permit to be operated any slot machine or other device whatsoever where money, checks, chips, credit or any other thing of value is played when the act of playing the same might result in a gain or loss to the party playing;
(3) To gamble knowingly in any other manner; or
(4) To knowingly permit his, her or its premises, house, lot or other property to be used in connection with, or for, any act declared unlawful in this section.
(B) It is unlawful and an offense against the town for any person to play any roulette wheel, slot machine or any other device or machine wherein the element of chance is involved by losing or winning money, credits, checks or any other representative of value.
(Prior Code, § 10-416) Penalty, see § 132.99
Statutory reference:
Related provisions, see 11 O.S. § 22-108
§ 132.12 Being About A Place Where Gambling Is Occurring
It is unlawful for any person to be about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine or other device or otherwise.
(Prior Code, § 10-417) Penalty, see § 132.99
§ 132.13 Vagrancy
(A) It is unlawful to be a vagrant in the limits of the town.
(B) For the purpose of this section, a VAGRANT means any person who loiters or remains in or who wanders about a public or private place for any of the following purposes:
(1) For the purpose of gambling with cards, dice or other gambling paraphernalia;
(2) For the purpose of engaging in prostitution, soliciting prostitution or soliciting for an act of lewdness;
(3) For the purpose of engaging in theft or of breaking and entry into any building, property or automobile of another;
(4) For the purpose of injuring, destroying, molesting or defacing any property of another;
(5) For the purpose of assaulting any person;
(6) For the purpose of begging or soliciting alms, provided that this section shall not apply to persons soliciting alms for a bona fide religious, charitable or eleemosynary organization with the authorization of such organization; or
(7) For the purpose of selling, purchasing, trading or otherwise exchanging, procuring or making available illegal drugs or contraband.
(Prior Code, § 10-412) Penalty, see § 132.99
§ 132.14 Disorderly Houses
A DISORDERLY HOUSE means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
(A) The sale, distribution, possession or use of any controlled dangerous substance the sale, distribution, possession or use of which is declared unlawful by state statute;
(B) The violation of any of the ordinances of the town or statutes of the state regulating the sale, distribution, possession or use of alcoholic beverages, including beer containing more than 0.5% alcohol by volume;
(C) The performance of any sexual act declared unlawful by state statute or town ordinance, including, but not limited to, soliciting for the purpose of prostitution; or
(D) The violation of any state statute or town ordinance prohibiting gambling.
(Prior Code, § 10-406) Penalty, see § 132.99
§ 132.15 Maintaining Or Leasing A Disorderly House
(A) No person shall keep or maintain, or aid, abet or assist in keeping and maintaining, a disorderly house.
(B) (1) No owner, lessee, lessor or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of the same for the purpose of keeping therein any disorderly house.
(2) Knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
(Prior Code, § 10-407) Penalty, see § 132.99
§ 132.16 Residents And Visitors To A Disorderly House
(A) Prohibition. No person shall knowingly reside in, enter into or remain in a disorderly house. In any prosecution for violation of this section, the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence.
(B) Exemption. This section shall not apply to physicians or officers in the discharge of their professional or official duties.
(Prior Code, § 10-408) Penalty, see § 132.99
§ 132.17 Harmful Deception
It is unlawful for any person to knowingly deceive another, whether by impersonation, misrepresentation or otherwise, when such deception results in or contributes to the loss, damage, harm or injury of the person deceived or a third party or results in or contributes to the benefit of the deceiver.
(Prior Code, § 10-418) Penalty, see § 132.99
§ 132.18 Swindling
It is unlawful to get money or property from any other person, persons or businesses under false pretenses, deception or cheating or by any other fraudulent act.
(Prior Code, § 10-420) Penalty, see § 132.99
§ 132.19 False Or Bogus Checks
(A) It is unlawful for any person to obtain or attempt to obtain from any person, firm or corporation, with the intent to cheat and defraud, any money, property or valuable thing of the value of $50 or less by means of any false or bogus check or by any other written, printed or engraved instrument or spurious coin.
(B) The term FALSE OR BOGUS CHECK shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay the same, as against the maker or drawer thereof. The making, drawing, issuing or delivering of a check, draft or order the payment of which is refused by the drawee shall be prima facie evidence of the intent to defraud and the knowledge of insufficient funds in or credit with such bank or other depository. Such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order shall be presented for payment within 30 days after the same is delivered and accepted.
(Prior Code, § 10-419) Penalty, see § 132.99
§ 132.99 Penalty
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 130.99 of this code of ordinances.
(B) Any personal use of marijuana or marijuana products within the town in violation of § 132.04(B) of this chapter is hereby declared to be unlawful and a public nuisance.
(1) Any person who willfully or knowingly engages in a violation of § 132.04(B) of this chapter or who owns, possesses, controls or has charge of any parcel of real property in the town upon which a violation of § 132.04(B) of this chapter is maintained, and who has actual knowledge of such violation, or who would have actual knowledge of such violation after a reasonable inquiry, shall be subject to the penalties and remedies provided by this division (B).
(2) Any violation of § 132.04(B) of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.
(3) Any person in violation of any provision of § 132.04(B) of this chapter or who causes another person to be in violation of § 132.04(B) of this chapter shall have committed a misdemeanor. In addition, the violation shall be punishable by a fine of $1,000 for each violation and for each day the applicable violation continues to persist.
(Prior Code, § 9-504)
(C) (1) Any person or entity violating the provisions of § 132.05 of this chapter shall be guilty of a fine of $500 for each such occurrence.
(2) In addition to the civil fines established in this division (C), three or more violations of § 132.05 of this chapter by a person or entity that owns, manages, operates or otherwise controls a place of business in the town shall be a reason for and may result in the suspension or revocation of any business license issued for the premises on which the infractions occurred.