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-tetrahydrobenzo [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).
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Products containing some of the above substances are currently
being marketed under the following commercial names:
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“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.”
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It is anticipated by the council 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.
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Any paraphernalia, equipment or utensil that is used or intended
to be used in ingesting or inhaling illegal smoking materials and
may include:
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 507-2010 adopted 8/19/10)
The purpose of this section is to prohibit the sale or delivery
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 507-2010 adopted 8/19/10)
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 507-2010 adopted 8/19/10)
It shall be unlawful for any person below twenty-one (21) years
of age to have in their possession or to use restricted smoking materials
within the corporate limits.
(Ordinance 507-2010 adopted 8/19/10)
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 if
they are below twenty-one (21) years of age. If an individual below
twenty-one (21) years of age is found in possession of this type of
paraphernalia it will be a violation of this article if appropriate
forensic testing is done on the paraphernalia and traces of restricted
smoking material are present on the device.
(Ordinance 507-2010 adopted 8/19/10)
(a)
It
shall be unlawful for any person to sell, offer to sell, deliver or
to give any 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
or delivering the restricted smoking material or restricted smoking
paraphernalia to the nearest property line of the premises of a church,
public or private elementary or secondary school, licensed day care
center, public library, public park, recreation center or water park.
(Ordinance 507-2010 adopted 8/19/10)
(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 507-2010 adopted 8/19/10)
