[HISTORY: Adopted by the Common Council of the City of Fulton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-2012 by L.L.
No. 4-2012]
As used in this article, the following terms shall have the
meanings indicated:
Any product, whether described as tobacco, potpourri, herbs,
incense, spice, aromatic, bath salts, synthetic marijuana, synthetic
stimulant or any combination thereof, and whether marketed for the
purpose of being ingested or otherwise marketed, which includes, but
is not limited to, one or more of the following hallucinogenic substances:
1-pentyl-3-(1-naphthoyl) indole; some trade or other names:
JWH-018; or
1-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073;
or
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade
or other names: JWH-200; or
5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: CP-47,497; or
5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: cannabicyclohexanol; CP-47,497, C8 homologue;
or
4-methylmethcathinone (mephedrone); or
3, 4-methylenedioxypyrovalerone (MDPV); or
3, 4-methylenedioxymethcathinone, commonly known as "methylone";
or
3-methoxymethcathinone; or
3-fluoromethcathinone; or
4-fluoromethcathinone.
Any substance prohibited in an order for summary action in the
matter of the sale and distribution of synthetic cannabinoids issued
by the New York State Department of Health dated March 28, 2012, and
any similar order subsequently issued by the State of New York Department
of Health.
Any substance prohibited under federal law pursuant to the Synthetic
Drug Abuse Prevention Act of 2012.
Any synthetic drug analog, which shall mean a substance containing
the following:
The chemical structure of which is substantially similar to
the chemical structure of the synthetic drug as described above; or
Which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a synthetic drug as described above;
or
Which such person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
that is substantially similar to or greater than the stimulant, depressant,
or hallucinogenic effect on the central nervous system of a synthetic
drug as described above.
In order to prevent the creation, possession and use of the
drug commonly known as "water," the unauthorized use of embalming
fluid or similar compounds is hereby prohibited within the City of
Fulton, with such unauthorized use of embalming fluid or similar item
defined herein and pursuant to § 3400 of the New York State
Public Health Law and any applicable provision of federal law. For
the purposes of this article, "embalming fluid" means any chemicals
or substances manufactured primarily for use by licensed funeral directors,
undertakers or embalmers, or registered residents, to prepare, disinfect
or preserve, either hypodermically, arterially or by any other recognized
means, the body of a deceased person for burial, cremation or other
final disposition. In particular, such unauthorized use shall include
dipping a marijuana or regular cigarette in embalming fluid.
A.
No person shall sell, offer for sale, give away, barter, exchange
or otherwise furnish or provide any synthetic drug, as defined herein
and by any applicable federal or state law, in the City of Fulton,
New York.
B.
No person shall be in the possession of any synthetic drug, as defined
herein and by any applicable federal or state law, within the City
of Fulton, New York, unless said synthetic drug is expressly prescribed
to said person by a physician, psychiatrist or person otherwise duly
licensed and authorized to prescribe medication within the State of
New York, and at the time of the alleged violation, the person in
possession of the synthetic drug is able to provide written proof
to the law enforcement officer(s) that the synthetic drug was so prescribed.
Any person who violates the provisions of this article shall
be guilty of an unclassified misdemeanor punishable by a fine of up
to $1,000 and/or imprisonment of up to one year, or a civil penalty
of $1,000 to be recovered by the City of Fulton in a civil action
or proceeding.
