Restricted smoking material
means any substance, however marketed, which can reasonably be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or any blend thereof, if it includes any of the following chemicals or a comparable chemical:
(1) 
Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 
2-1[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;
(3) 
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol);
(4) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(5) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(6) 
1-pentyl-3-(4-methoxy naphthoyl) indole (also known as JWH-081).
Products containing some or all of the above substances are currently being marketed under the following commercial names: “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “Dascents,” “Zohai,” “Sage,” “Spice,” “KO Knock-Out 2,” “Spice Gold,” “Spice Diamond,” “Yucatan Fire,” “Solar Flare,” “Pep Spice,” “Fire n’ Ice,” “ Blaze” “Red x Dawn” and “Salvia Divinorum.” Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.
Restricted smoking material paraphernalia
means any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials, and may include:
(1) 
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2) 
A water pipe;
(3) 
A carburetion tube or device;
(4) 
A smoking or carburetion mask;
(5) 
A chamber pipe;
(6) 
A carburetor pipe;
(7) 
An electric pipe;
(8) 
An air-driven pipe;
(9) 
A chillum;
(10) 
A bong; or
(11) 
An ice pipe or chiller.
(Ordinance 2010-10-11B, sec. 1, adopted 10/11/10)
The purpose of this article is to prohibit the sale or delivery of restricted smoking materials as defined within the city limits, and to prohibit the possession of restricted smoking materials within the city limits. Any form of delivery, to include a simple gift, constitutes a violation of this article.
(Ordinance 2010-10-11B, sec. 2, adopted 10/11/10)
(a) 
Any person who violates any provision of this article shall be guilty of a misdemeanor infraction, punishable by a fine not to exceed $500.00, and assessed court costs as provided by law.
(b) 
Every act in violation of this article shall constitute a separate offense.
(c) 
Unless otherwise specifically set forth herein, allegation and evidence of culpable mental state are not required for the proof of an offense of this article.
(Ordinance 2010-10-11B, sec. 7, adopted 10/11/10)
Any firm or corporation who violates any section of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not in excess of $2,000.00, and assessed court costs as provided by law.
(Ordinance 2010-10-11B, sec. 8, adopted 10/11/10)
It shall be unlawful for any person to have in their possession any restricted smoking paraphernalia with the intent to use it to ingest, inhale or otherwise consume restricted smoking material. It is a violation of this section if a person is found in possession of restricted smoking paraphernalia and appropriate forensic testing is done on the paraphernalia showing traces of restricted smoking material are present on the restricted smoking paraphernalia.
(Ordinance 2010-10-11B, sec. 5, adopted 10/11/10)
(a) 
It shall be a defense to prosecution for a violation of this article if the use of the restricted smoking material is at the direction of or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the state.
(b) 
It shall be a defense to prosecution under the terms of this article if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have longstanding historic membership supported by documentation from clergy or a spiritual leader recognized by the state.
(Ordinance 2010-10-11B, sec. 6, adopted 10/11/10)