For the purpose of this chapter, the following phrases, words
and their derivatives shall be construed as defined in this section.
All other words shall have their usual meaning. Whenever a public
official is referred to by only the title of his office, such reference
shall be construed as if followed by the words “of the city
or his authorized deputy,” unless the context indicates otherwise:
Adult.
Any person who is eighteen (18) years of age or older.
Ambient sound level.
The sound level of the all-encompassing sound associated
with a given environment, being usually a composite of sounds from
many sources.
Ammunition.
The cartridge, including a projectile, propellant and primer,
suitable for the discharge of a firearm.
Child-care facility.
A facility licensed or certified by the Department of Human
Services to provide assessment, care, training, education, custody,
treatment, or supervision for a child who is not related by blood,
marriage or adoption to the owner or operator of the facility, for
all or part of the 24-hour day, whether or not the facility is operated
for profit or charges for the services it offers.
City.
The City of Lubbock or an authorized representative of the
city.
Day-care center.
A child-care facility that provides care for more than 12
children less than 14 years of age for less than 24 hours a day.
Device.
Any mechanism which is intended to produce, or which actually
produces, noise when operated or handled.
Emergency vehicle.
A motor vehicle used in response to a public calamity or
to protect persons or property from an imminent danger.
Emergency work.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent danger.
Establishment.
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Firearm.
Any operable device designed, made or adapted to propel a
projectile through a barrel by using the energy generated by an explosive
or flammable substance.
Juvenile.
Any person under the age of seventeen (17) years of age,
or, in equivalent phrasing, any person of the age of sixteen (16)
years old or younger.
Minor.
Any person under the age of seventeen (17) years of age,
or, in equivalent phrasing, any person of the age of sixteen (16)
years old or younger.
Motor vehicle.
Any vehicle propelled by mechanical power such as, but not
limited to, any passenger car, truck, truck-trailer, semitrailer,
camper, motorcycle, minibike, go-cart, dune buggy, or racing vehicle.
Muffler.
Any apparatus consisting of baffles, chambers or acoustical
absorbing material whose primary purpose is to transmit liquids or
gases while causing a significant reduction to sound emission.
Noise.
Any sound which:
(1)
Endangers or injures the safety or health of any person;
(2)
Is unwanted and causes or tends to cause annoyance or disturbance
to a reasonable person of ordinary sensibilities; or
(3)
Invades, endangers, injures, or negatively affects personal
or real property.
Operator.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term as applied to associations
or partnerships shall include the members or partners thereof and
as applied to corporations shall include the officers thereof.
Parent.
Any natural parent of a juvenile, a legal guardian, or any
adult person, eighteen (18) years or older, in whose care the juvenile
has been placed by the natural parent or legal guardian.
Person.
Any individual, firm, association, partnership, corporation,
or any other entity, public or private.
Pipe.
Any device designed for the burning of any substance and
for the inhalation of its smoke.
Private school.
A private school, including a parochial school, that:
(1)
Offers a course of instruction for students in one or more grades
from kindergarten through grade 12; and
(2)
Has more than 100 students enrolled and attending courses at
a single location.
Property boundary.
An imaginary line at the ground surface and its vertical
extension which separates the real property owned or occupied by one
person from that owned or occupied by another person.
Public place.
Any public street, highway, road, alley, park, playground,
public building, parkway, or vacant lot.
Public right-of-way.
Any street, avenue, boulevard, highway, alley or similar
place which is owned or controlled by a public governmental entity.
Remain.
To stay behind, to tarry and stay unnecessarily upon a public
place, including congregating in groups totaling four (4) or more
juveniles in which any minor included would not be using the public
place for an ordinary or serious purpose such as passage or going
home.
Sound.
A temporal and spatial oscillation in pressure, or other
physical quantity in a medium with internal forces that causes compression
and rarefaction of that medium, and which propagates at finite speed
to distant points.
Stationary sound source.
Any device, fixed or movable, which is located or used on
property other than a public right-of-way.
Time of night.
The prevailing local standard of time at the date in question,
whether Central Standard Time or Central Daylight Saving Time, as
observed by the public. The time maintained by the Lubbock Police
Department shall be prima facie evidence of the time of day for continued
implementation of this division.
Vibration.
A temporal and spatial oscillation of displacement, velocity
or acceleration in a solid material.
Vibration perception threshold.
The minimum ground- or structure-borne vibrational motion
necessary to cause a person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
Year of age.
This term means the time from one birthday, such as the sixteenth, to the next, but not including the day of the next birthday. Thus, upon a person’s seventeenth birthday, he or she will cease to be a juvenile regulated by article
14.03, division 2.
(1983 Code, secs. 18-4, 18-46; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2006-O0103, sec. II,
adopted 10/13/2006; Ordinance
2012-O0084, sec. 1, adopted 8/23/2012)
(a) The occupant of any premises upon which a violation of this code
or any ordinance is apparent, the owner of any object or material
placed or remaining anywhere in violation of this code or any ordinance
and the occupant of any premises served by an excavation or structure
illegally made or erected shall be deemed prima facie responsible
for the violation so evidenced and subject to the penalty provided.
(b) The fact that a motor vehicle which is illegally parked is registered
in the name of a person shall be considered prima facie proof that
such person was in control of the automobile at the time of such parking.
(c) The fact that a vehicle used to haul garbage, rubbish, refuse or
other waste matter arrives at a city landfill in an uncovered condition
shall be considered prima facie proof that the registered owner was
responsible for the vehicle not having its load covered so as to prevent
the loss or discharge of such waste matter.
(1959 Code, sec. 1-5.1; Ordinance 3415, sec. 1, adopted 3/23/1961; 1983 Code, sec. 1-5; Ordinance 8902, sec. 1, adopted 3/27/1986; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
It shall be unlawful for any person to leave outside of any
building or dwelling, in a place accessible to children, any abandoned,
unattended or discarded icebox, refrigerator or any other container
of any kind which has an airtight door or a lock which may not be
released for opening from the inside, or to so leave such an icebox,
refrigerator or other container which has an airtight snap lock or
other device thereon, without first removing the snap lock or doors.
(Ordinance 1456, secs. 1, 2, adopted 10/8/1953; 1959 Code, sec. 19-1; 1983 Code, sec. 18-1; Ordinance
2012-O0084, sec. 1, adopted 8/23/2012)
It shall be unlawful for any person, during school hours or
during the time pupils are gathering at school or leaving school,
to loaf or loiter on the streets, alleys, sidewalks or any other public
place, or in any building or structure open to the public, within
two hundred fifty (250) yards of any public, private or parochial
school including but not limited to universities, colleges, high schools,
junior high schools or elementary schools, or any combination thereof,
or within two hundred fifty (250) yards of any real estate used, occupied
or in any manner dedicated to exclusive use or occupancy as a school,
or as a part or appurtenance thereof, including but not limited to
buildings, dormitories, campuses, athletic fields, tennis courts and
playgrounds, for the purpose of attracting, enticing or luring any
school child or children to engage in truancy or to commit, participate
in or view any immoral or unlawful act.
Editor’s note–See corresponding note located in Appendix A of this code.
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(1959 Code, sec. 19-6.1; Ordinance 3341, sec. 1, adopted 1/12/1961; 1983 Code, sec. 18-2; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
It shall be unlawful for any person to prowl, loiter, enter
into or go near or about the premises of another, without the express
or implied invitation and consent of the occupant, or to go near or
about the residence, room, house, hotel, tourist cabin, business house,
or other building or place of abode on such premises, thereby invading
the privacy of the occupants, for the purpose of, or by, peeping,
spying, or looking therein.
(Ordinance 995, sec. 2, adopted 6/8/1950; 1959 Code, sec. 19-10; 1983 Code, sec. 18-5; Ordinance
2012-O0084, sec. 1, adopted 8/23/2012)
It shall be unlawful for any person to prowl, loiter, enter
into or go about the premises of another, without the invitation or
consent, either express or implied, of any occupant of any room, house,
hotel, tourist cabin, business house, or other buildings on or near
the premises, and such a person shall be guilty of trespassing.
(Ordinance 995, sec. 1, adopted 6/8/1950; 1959 Code, sec. 19-12; 1983 Code, sec. 18-6; Ordinance
2012-O0084, sec. 1, adopted 8/23/2012)
(a) It shall be unlawful for any person to sell or engage in the business
of selling any alcoholic beverage where such place of business is
located within three hundred (300) feet of any church, public or private
school or public hospital. Provided, that this section shall not apply
to any dealer whose place of business is within three hundred (300)
feet of any church, public or private school or public hospital as
of the date of the adoption of this section, or to any of their successors.
(b) The measurement of the distance between the place of business where
alcoholic beverages are sold and the church or public hospital shall
be along the property lines of the street fronts and from front door
to front door, and in direct line across intersections. The measurement
of the distance between the places of business where alcoholic beverages
are sold and the public or private school shall be:
(1) In a direct line from the property line of the public or private
school to the property line of the place of business, and in a direct
line across intersections; or
(2) If the permit or license holder is located on or above the fifth
story of a multistory building, in a direct line from the property
line of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which
the permit or license holder is located.
(c) A permit or license holder under chapters 25 (wine and beer retailer’s
permit), 28 (mixed beverage permit), 32 (private club registration
permit), 69 (retail dealer’s on-premise license), or 74 (brewpub
license) of the Texas Alcoholic Beverage Code who does not hold a
food and beverage certificate may not sell or engage in the business
of selling an alcoholic beverage at a place of business located within
300 feet of a day-care center or child-care facility. This section
does not apply to a permit or license holder who sells alcoholic beverages
if:
(1) The permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building;
or
(2) The permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is located
on the second story or higher of a multistory building.
(d) If at the time an original alcoholic beverage permit or license is
granted for a premises, the premises satisfies the requirements regarding
distance from schools, churches, and hospitals, the premises shall
be deemed to satisfy the distance requirements for all subsequent
renewals of the license or permit.
(e) On the sale or transfer of the premises or the business on the premises
in which a new original license or permit is required for the premises,
the premises shall be deemed to satisfy any distance requirements
as if the issuance of the new original permit or license were a renewal
of a previously held permit or licensed.
(f) A violation of any provision of this section by any person shall be deemed a misdemeanor punishable in accordance with section
1.01.004 of this code.
(1959 Code, sec. 19-20.1; Ordinance 6699, sec. 1, adopted 8/9/1973; 1983 Code, sec. 18-11; Ordinance 2009-O0060, sec. 1, adopted 7/8/2009; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
(a) It shall be unlawful for any person to consume, or possess for consuming,
any alcoholic beverage in any public place within the city at any
time on Sunday between the hours of 2:15 a.m. and 12:00 noon and on
all other days at any time between the hours of 2:15 a.m. and 7:00
a.m. Provided, however, any private club which causes, permits and
allows service and consumption of alcoholic beverages on its premises
during the additional hours authorized above must comply with the
statutes of the state and the regulations of the Texas Alcoholic Beverage
Commission, particularly the provision requiring the securing of a
private club late hours permit.
(b) The violation of any provision of this section shall be deemed a
misdemeanor, and, upon conviction thereof, punishment shall be a fine
not to exceed the maximum imposed by the Alcoholic Beverage Code or
any amendments thereto, which maximum fine is now fifty dollars ($50.00).
(1959 Code, sec. 19-20; Ordinance 6223, sec. 1, adopted 11/24/1971; 1983 Code, sec. 18-12; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
(a) As used in this section, the following words shall have the meaning
ascribed herein:
City Hall.
The grounds including and surrounding the City Hall Building
(1625 13th Street) in Lubbock, Texas, that are contained within the
following boundaries, including the east parking lot adjacent to the
City Hall Building:
(1)
A 2.56 acre tract of land out of Lot C, G.A. Rush Addition to
the City of Lubbock, Lubbock County, Texas, and being more particularly
described as follows:
(A)
Beginning at a found “x” on concrete for the northwest
corner of this tract, also being the northwest corner of Lot C, G.
A. Rush Addition to the City of Lubbock, Lubbock County, Texas;
(B)
Thence east, 345.0 feet to a found railroad spike, for a corner
of this tract;
(C)
Thence north, 0.6 feet to a found railroad spike, for a corner
of this tract;
(D)
Thence east, 25.0 feet to a found railroad spike, for a corner
of this tract;
(E)
Thence south, 104.0 feet to a found railroad spike, for a corner
of this tract;
(F)
Thence east, 150.0 feet to a found “x” on concrete,
for the south-northeast corner of this tract;
(G)
Thence south, 178.0 feet to a railroad spike, set for the southeast
corner of this tract;
(H)
Thence west, 292.0 feet to a railroad spike, set for a corner
of this tract;
(I)
Thence north, 81.7 feet to a point on building wall, for a corner
of this tract, an “x” on concrete bears east, 0.4 feet;
(J)
Thence west, 216.0 feet to an “x” on concrete, set
for a corner of this tract;
(K)
Thence north, 27.7 feet to an “x” on concrete, set
for a corner of this tract;
(L)
Thence west, 12.0 feet to an “x” on concrete, set
for the southwest corner of this tract;
(M)
Thence north, 172.0 feet to the point of beginning.
Groves Branch Library.
The grounds including and surrounding the Groves Branch Library
Building (5520 19th Street) described as Lot One (1), West Lubbock
Library Branch, an addition to the City of Lubbock, Lubbock County,
Texas.
Lubbock Business Center.
The grounds including and surrounding the Lubbock Business
Center Building (1301 Broadway) in Lubbock, Texas, that are contained
within the following boundaries:
(1)
Beginning at the intersection of 13th Street and Avenue M;
(2)
North on Avenue M to Broadway;
(3)
East on Broadway to Avenue L;
(4)
South on Avenue L to 13th Street;
(5)
West on 13th Street to Avenue M to the point of beginning.
Lubbock Memorial Civic Center/Mahon Public Library Complex.
The grounds including and surrounding the Lubbock Memorial
Civic Center (1501 Mac Davis Lane) and the Mahon Public Library (1306
9th Street) in Lubbock, Texas, that are contained within the following
boundaries:
(1)
Beginning at the intersection of 9th Street and Avenue O;
(2)
North on Avenue O to Mac Davis Lane;
(3)
East on Mac Davis Lane to Avenue K;
(4)
South on Avenue K approximately 567-1/2 feet to Avenue L;
(5)
Southwesterly on Avenue L to 9th Street;
(6)
West on 9th Street to Avenue O to the point of beginning.
Included in this definition are:
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(1)
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The parking lot north of the above-described property (1400
Mac Davis Lane) described as Lot One (1), Block One (1), Memorial
Center Addition to the City of Lubbock, Lubbock County, Texas; and
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(2)
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The parking lot southeast of the Mahon Public Library (901 Avenue
K) contained within the following boundaries:
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(A)
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Beginning at the intersection of 10th Street and Avenue L;
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(B)
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North on Avenue L to 9th Street;
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(C)
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East on 9th Street to Avenue K;
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(D)
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South on Avenue K to 10th Street;
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(E)
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West on 10th Street to Avenue L to the point of beginning.
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Patterson Branch Library.
The grounds including and surrounding the Patterson Branch
Library Building (1836 Parkway) described as Lot One (1), East Lubbock
Library Branch, an addition to the City of Lubbock, Lubbock County,
Texas.
(b) The following city property will be closed to the public each day
from 12:00 midnight until 5:00 a.m.:
(1) Lubbock Memorial Civic Center/Mahon Public Library Complex;
(3) Patterson Branch Library;
(c) A person commits an offense if he is on the premises of a city property designated in subsection
(b) during hours in which the property is closed. The definition of the offense set forth herein plainly dispenses with any culpable mental state or mental element.
(d) A person shall not be in violation of subsection
(c) if that person is:
(1) Attending or working at a meeting, special event, activity, convention,
or program that was being conducted with city authorization on the
city property or subsequently leaving the meeting, special event,
activity, convention, or program within a reasonable time after it
had ended for the day;
(2) On the city property in accordance with the terms of a lease, rental
agreement, contract, or other written permission from the city; or
(3) A city employee or a law enforcement officer in the performance of
official duties.
(Ordinance 2010-O0097, sec. 1, adopted 12/15/10; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
(a) It shall be unlawful for any person, knowingly, to sell, publicly
display for sale, attempt to sell, give, barter, deliver, possess,
or use the following substances within the city limits:
(1) Any substance listed as a controlled substance or a controlled substance
analogue as defined in chapter 481 of the Texas Health and Safety
Code;
(2) [(1R, 2R, 5R)-2-[2, 6-dimethoxy-4-(2-methyloctan-2-yl) phenyl]-7,
7-dimethyl-4- bicyclo [3.1.1] hept-3-enyl] methanol, commonly known
as HU-308;
(3) (6aR, 10aR)-3-(1, 1-Dimethylbutyl)-6a, 7, 10, 10a-tetrahydro-6, 6,
9-trimethyl-6H- dibenzo [b,d] pyran, commonly known as JWH-133;
(4) (–)-2ß-Carbomethoxy-3ß-(4-fluorophenyl) tropane,
commonly known as ß-CFT, WIN-35, 428;
(5) (6aR, 10aR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10a- tetrahydrobenzo [c] chromene, commonly known as L-759,
633;
(6) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-caboxamide,
commonly known as AB-PINACA;
(7) 1-pentyl-N-tricyclo [3.3.1.13,7] dec-1-yl-1H-indazole-3-carboxamide,
commonly known as APINACA;
(8) (2-iodophenyl) (1-pentyl-1H-indole-3-yl)-methanone, commonly known
as AM-679;
(9) 1-[(5-fluoropentyl)-1H-indole-3-yl]-(2-iodophenyl) methanone, commonly
known as AM-694;
(10) 1-[(5-fluoropentyl)-6-nitro-1H-indole-3-yl]-(naphthalen-1-yl) methanone,
commonly known as AM-1235;
(11) (2-iodo-5-nitrophenyl)-[1-[(1-methylpiperidin-2-yl) methyl] indole-3-yl]
methanone, commonly known as AM-1241;
(12) 3-(1-naphthalenylcarbonyl)-1H-Indole-1-pentanenitrile, commonly known
as AM-2232;
(13) (1-(5-fluoropentyl)-1H-indole-3-yl) (4-ethyl-1-naphthalenyl)-methanone,
commonly known as EMA-2201;
(14) 2-phenyl-1-(1-pentylindole-3-yl) ethanone or 1-(1-pentyl-1H-indole-3-yl)-2-
phenylethanone, commonly known as JWH-167;
(15) (1-pentyl-indole-3-yl) naphthalen-1-yl-methane, commonly known as
JWH-175;
(16) 1-[(E)-(3-pentyl-1H-inden-1-yl-idene) methyl]-naphthalene, commonly
known as JWH-176;
(17) 3-[(4-methyl-1-naphthalenyl) methyl]-1-pentyl-1H-indole, commonly
known as JWH-184;
(18) 3-[(4-methoxy-1-naphthalenyl) methyl]-1-pentyl-1H-indole, commonly
known as JWH-185;
(19) 2-methyl-3-(1-naphthalenylmethyl)-1-pentyl-1H-indole, commonly known
as JWH-196;
(20) 2-methyl-1-pentyl-1H-indole-3-yl-(4-methoxy-1-naphthyl) methane,
commonly known as JWH-197;
(21) 1-[2-(4-morpholino) ethyl]-1H-indole-3-yl-(4-methoxy-1-naphthyl)
methane, commonly known as JWH-199;
(22) 1-pentyl-3-(2-chlorophenylacetyl) indole, commonly known as JWH-203;
(23) 1-pentyl-2-methyl-3-(phenylacetyl) indole, commonly known as JWH-205;
(24) 1-pentyl-3-(4-methylphenylacetyl) indole, commonly known as JWH-208;
(25) 1-pentyl-3-(3-methoxyphenylacetyl) indole, commonly known as JWH-238;
(26) 1-pentyl-3-(4-bromophenylacetyl) indole, commonly known as JWH-248;
(27) 1-pentyl-3-(2-bromophenylacetyl) indole, commonly known as JWH-249;
(28) 1-pentyl-3-(2-methoxyphenylacetyl) indole, commonly known as JWH-250;
(29) 1-pentyl-3-(2-methylphenylacetyl) indole, commonly known as JWH-251;
(30) 1-pentyl-2-methyl-3-(2-methylphenylacetyl) indole, commonly known
as JWH-252;
(31) 2-(3-methoxyphenyl)-1-(1-pentylindole-3-yl) ethanone, commonly known
as JWH-302;
(32) 2-(3-Chlorophenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone,
commonly known as JWH-303;
(33) 2-(2-Bromophenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone,
commonly known as JWH-305;
(34) 2-(2-Methoxyphenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone,
commonly known as JWH-306;
(35) 1-pentyl-3-(2-fluorophenylacetyl) indole, commonly known as JWH-311;
(36) 2-(3-Fluorophenyl)-1-(1-pentyl-1H-indole-3-yl) ethanone, commonly
known as JWH-312;
(37) 2-(4-Fluorophenyl)-1-(1-pentyl-1H-indole-3-yl) ethanone, commonly
known as JWH-313;
(38) 2-(2-fluorophenyl)-1-(2-methyl-1-pentylindole-3-yl) ethanone, commonly
known as JWH-314;
(39) 2-(3-fluorophenyl)-1-(2-methyl-1-pentylindole-3-yl) ethanone, commonly
known as JWH-315;
(b) It shall be unlawful for any person, knowingly, to breathe, inhale,
drink, or otherwise ingest, any compound, liquid, or chemical listed
within this section, for the purpose of inducing a condition of intoxication,
stupefaction, giddiness, paralysis, irrational behavior, or which,
in any manner, changes, distorts, or disturbs the auditory, visual,
or mental process of the user.
(c) It is not a violation of this section if the person breathed, inhaled,
drank, or otherwise ingested the substance under the lawful supervision
of an authorized law enforcement officer to enforce or ensure compliance
with this section.
(d) It is not a violation of this section if the person who commits any
act described in this section commits the act pursuant to the lawful
direction or prescription of a licensed physician or dentist licensed
by the state to direct or prescribe such act.
(e) This section does not apply to the inhalation of a lawfully prescribed
anesthesia for a medical or dental purpose.
(Ordinance 2013-O0007, sec. 1, adopted 2/14/2013; Ordinance 2014-O0055, sec. 1, adopted 4/24/2014)