The purpose of this article is to prohibit the use, purchase, possession, sale, offering for sale, ingestion or smoking of illegal smoking products and to prohibit the use or possession of illegal smoking paraphernalia hereinafter defined within the city limits.
(2006 Code, sec. 46-100; Ordinance 10-10-859, sec. 2, adopted 10/4/10)
Illegal smoking paraphernalia.
Any paraphernalia, equipment or utensil that is used or intended to be used in ingesting, inhaling or otherwise introducing into the human body an illegal smoking product, and shall include, but is not limited to:
(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.
Illegal smoking product.
(1) 
“Illegal smoking product” shall mean any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:
(A) 
Salvia divinorum or salvinorum 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 plants, its seeds or extracts;
(B) 
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;
(C) 
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-mehtyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol (also known as HU-211 or Dexanabinol);
(D) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(E) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(F) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
(2) 
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,” “Spice,” “Dascents,” “Zohai,” “Sage,” “Pep Spice,” “Solar Flare,” “KO Knock-Out 2,” “Spice Gold,” “Spice Diamond,” “Spice Cannabinoid,” “Yucatan Fire,” “Fire N’ Ice,” and “Salvia Divinorum.”
(3) 
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.
Person.
An individual, group of two or more individuals, proprietorship, corporation, partnership, wholesaler, retailer, association or other legal entity, or any licensed or unlicensed business.
(2006 Code, sec. 46-101; Ordinance 10-10-859, sec. 2, adopted 10/4/10)
It shall be unlawful for any person to use or possess with intent to use illegal smoking paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body an illegal smoking product.
(2006 Code, sec. 46-103; Ordinance 10-10-859, sec. 2, adopted 10/4/10)
Any person found to be in violation of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding $2,000.00. Each day during which a violation of this article is committed shall constitute a separate offense.
(2006 Code, sec. 46-104; Ordinance 10-10-859, sec. 2, adopted 10/4/10)
It shall be a defense to prosecution for a violation of this article that an illegal smoking product or illegal smoking paraphernalia was:
(1) 
Possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the state; or
(2) 
Possessed or used by a person as part of a bona fide religious ritual or ceremony.
(2006 Code, sec. 46-106; Ordinance 10-10-859, sec. 2, adopted 10/4/10)