The purpose of this article is to prohibit the sale, delivery,
or gift of restricted smoking materials as defined herein to any individual
below twenty-one (21) years of age within the city limits and to prohibit
the possession of restricted smoking materials by any individual below
twenty-one (21) years of age within the city limits. Any form of delivery
to include a simple gift constitutes a violation of this article.
(Ordinance 2010-13 adopted 9/14/10)
Includes individual, corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust,
partnership, association, and any other legal entity.
Actual care, custody, control, or management, as that term
is interpreted by Texas courts in construing the definition of possession
as set forth in chapter 481, Texas Health and Safety Code, as amended
from time to time.
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:
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-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol
(also known as CP47,497) and homologues;
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-t
etrahydrobenzo[c] chromen-1-ol) (also known as HU-211 or Dexanabinol);
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
Products containing some 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,” and “SALVIA DIVINORUM.”
It is anticipated that new products will be marketed under different
names but will be subject to this definition if they contain any of
the chemical components set forth above.
Any equipment, product, material, or utensil that is used
or intended for use in packaging, storing, containing, or concealing
restricted smoking material or ingesting, inhaling, consuming, or
otherwise introducing into the human body restricted smoking material,
and may include, but is not limited to:
A metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipe with or without a screen, permanent screen, hashish head, or
punctured metal bowl;
A water pipe;
A carburetion tube or device;
A smoking or carburetion mask;
A chamber pipe;
A carburetor pipe;
An electric pipe;
An air-driven pipe;
A chillum;
A bong; or
An ice pipe or chiller.
(Ordinance 2010-13 adopted 9/14/10)
It shall be unlawful for any person to sell, offer to sell,
deliver to or to give any restricted smoking material to anyone below
twenty-one (21) years of age.
(Ordinance 2010-13 adopted 9/14/10)
It shall be unlawful for any person below twenty-one (21) years
of age to have in his or her possession or to use restricted smoking
materials within the corporate limits of the city.
(Ordinance 2010-13 adopted 9/14/10)
It shall be unlawful for any person below twenty-one (21) years
of age to use or to possess with the intent to use restricted smoking
material paraphernalia to package, store, contain, or conceal restricted
smoking material or to ingest, inhale, consume or otherwise introduce
restricted smoking material into the human body. If an individual
below twenty-one (21) years of age is found using or in possession
of restricted smoking material paraphernalia, it will be a violation
of this article if appropriate testing is done on the paraphernalia
and traces of restricted smoking material are present on the device.
(Ordinance 2010-13 adopted 9/14/10)
(a)
It
shall be unlawful for any person to sell, offer to sell, deliver or
give restricted smoking material or restricted smoking paraphernalia
to any person within 1,000 feet of the following:
(b)
For
purposes of this section, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used for purpose of selling,
offering to sell, or delivering the restricted smoking material or
restricted smoking paraphernalia to the nearest property line of the
premises of the church, public or private elementary or secondary
school, licensed day care center, public library, public park, recreation
center or water park.
(Ordinance 2010-13 adopted 9/14/10)
(a)
It
shall be a defense to prosecution for a violation of this section
if the use of the restricted smoking material is at the direction
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 section
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 long standing historic membership supported by
documentation from clergy or spiritual leader recognized by the state.
(Ordinance 2010-13 adopted 9/14/10)
Any person violating any of the provisions of this article or
the code of ordinances, as amended hereby, shall be deemed guilty
of a misdemeanor and, upon conviction in the municipal court of the
city shall be punished by a fine not less than two hundred dollars
($200.00) and not to exceed the sum of two thousand dollars ($2,000.00)
for each offense, and each and every day any such violation shall
continue shall be deemed to constitute a separate offense.
(Ordinance 2010-13 adopted 9/14/10)
