Restricted smoking material.
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-[(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-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 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.
Restricted smoking material paraphernalia.
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 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 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:
(1) 
A church.
(2) 
A public or private elementary or secondary school.
(3) 
A licensed day care center.
(4) 
A public park, recreation center or water park.
(5) 
A public library.
(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)