The purpose of this article is to prohibit the use, possession, sale, ingestion, or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits.
(Ordinance 452-10, sec. 2, adopted 11/16/10)
The following words and phrases, when used in this article, shall have the meaning ascribed to them by this section. All terminology used in this article and not specifically defined herein shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body or, if not defined therein, the latest volume of Merriam-Webster’s Collegiate Dictionary.
Illegal smoking product.
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 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) phenol (also known as CP 47, 497) and homologues;
(3) 
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [3] chromen-1-ol) (also known as HU-211 or Dexanabinol; and
(4) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(5) 
Butyl-3-(naphthoyl) indole (also known as JWH-073).
Ingestion device.
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;
(2) 
A permanent screen, hashish head, or punctured metal bowl;
(3) 
A water pipe;
(4) 
A carburetion tube or device;
(5) 
A smoking or carburetion mask;
(6) 
A chamber pipe;
(7) 
A carburetor pipe;
(8) 
An electric pipe;
(9) 
An air-driven pipe;
(10) 
A chillum;
(11) 
A bong; or
(12) 
An ice pipe or chiller.
Person.
An individual, corporation, partnership, wholesaler, retailer, or a licensed or unlicensed business.
(Ordinance 452-10, sec. 3, adopted 11/16/10)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a class C misdemeanor and, upon conviction, be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code, and each and every separate violation of this article shall constitute a separate offense, unless otherwise specifically set forth herein. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article.
(Ordinance 452-10, sec. 7, adopted 11/16/10)
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 452-10, sec. 5, adopted 11/16/10)
(a) 
It shall be an affirmative defense to prosecution of an offense under this article that any act described in this article is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
(b) 
It shall be an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
(Ordinance 452-10, sec. 6, adopted 11/16/10)