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-tetra-hydrobenzo [c] chromen-1-ol (also known as HU-211
or Dexanabinol);
1-pentyl-3-(1-naphtholyl) 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 or all 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,” “BLAZE,”
“RED X DAWN,” “BLACK MAMBA” AND “SALVIA
DIVINORUM.”
Any product containing any of the chemical compounds set forth
above shall be subject to the provisions of this article, regardless
of whether they are marketed under alternative names.
Any paraphernalia, equipment or utensil that is used or intended
to be used in ingesting or inhaling illegal smoking materials and
shall include, but is not limited to the following:
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.
An individual, a group of two or more individuals, proprietorship,
corporation, partnership, wholesaler, association or other legal entity,
or any licensed or unlicensed business.
(Ordinance 550 adopted 4/25/11)
The purpose of this article is to prohibit the purchase, sale,
offer for sale, delivery, or gift of illegal smoking materials as
defined herein within the city limits, and to prohibit the possession
or use of illegal smoking materials and illegal smoking material paraphernalia
within the city limits. Any form of delivery, including, without limitation,
a simple gift constitutes a violation of this article.
(Ordinance 550 adopted 4/25/11)
It shall be unlawful for any person to purchase, sell, offer
for sale, deliver to, or to give any illegal smoking material to any
person.
(Ordinance 550 adopted 4/25/11)
It shall be unlawful for any person to have in their possession
or to use, inject, ingest, inhale, or otherwise introduce into the
human body illegal smoking materials within the corporate limits of
the city.
(Ordinance 550 adopted 4/25/11)
It shall be unlawful for any person to have in their possession
any illegal smoking material paraphernalia with the intent to use
it, to smoke, to ingest, inhale or otherwise consume or introduce
into the human body illegal smoking material. It is a violation of
this section, if a person is found in possession of illegal smoking
material paraphernalia and appropriate forensic testing is done on
the paraphernalia showing traces of illegal smoking material are present
on the illegal smoking paraphernalia.
(Ordinance 550 adopted 4/25/11)
(a)
It
shall be an affirmative defense to prosecution for a violation of
this article if the possession or use of the illegal 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 an affirmative defense to prosecution under the terms of
this article if an individual charged with a violation can provide
proper and complete historic documentation that the possession or
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 550 adopted 4/25/11)
(a)
Any
person who violates any provision of this article shall be guilty
of a misdemeanor, punishable by a fine not to exceed $500.00.
(b)
Every
act in violation of this article shall constitute a separate offense.
(c)
Unless
otherwise specifically set forth herein, an allegation and/or evidence
of culpable mental state is not required for the proof of an offense
of this article.
(d)
The
penal provisions imposed under this article shall not preclude the
city from filing suit to enjoin the violation of this article. The
city retains all legal rights and remedies available to it pursuant
to local, state and federal law.
(Ordinance 550 adopted 4/25/11)
