The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices, as hereinafter defined, within the city limits.
(Ordinance 764, sec. 1(7.5-16), adopted 9/29/10)
Person
shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
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:
(1) 
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 plant, its seeds or extracts;
(2) 
2-(1R, 35)-3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl); phenol (also known as CP47, 497) and homologues;
(3) 
(6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-01) (also known as HU-211 or Dexanabinol):
(4) 
1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(5) 
Butyl-3-(1-naphthoyl) indole (also known as JWH-073).
Ingestion device
shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(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 764, sec. 1(7.5-17), adopted 9/29/10)
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product, as defined herein.
(Ordinance 764, sec. 1(7.5-18), adopted 9/29/10)
It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(Ordinance 764, sec. 1(7.5-19), adopted 9/29/10)
It shall be a defense to a violation of this article that any act described in this chapter is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
(Ordinance 764, sec. 1(7.5-20), adopted 9/29/10)
Any person, as defined herein, violating any of the provisions of this article shall be guilty of a Class C misdemeanor upon conviction and shall be subject to a fine not to exceed the sum of $2,000.00 for each offense. An offense committed before the effective date of this ordinance is governed by prior law.
(Ordinance 764, sec. 1(7.5-21), adopted 9/29/10)