Any person who violates this article shall be guilty of a misdemeanor
and subject to a fine upon conviction in municipal court, and shall
be punished for a violation of an ordinance governing public health.
(Ordinance 323, sec. 1(g), adopted 9/14/10)
It shall be unlawful for any person to use, possess, purchase,
sell, publicly display for sale or attempt to sell, give or barter
any one or more of the following substances within the city limits:
(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, salt, derivative, mixture or preparation of such plant,
it seeds or extracts;
(2)
Synthetic
cannabinoids, synthetic cannabinoid mimicking compounds, substances
containing the HU-210 compound, or substances having cannabinoid mimicking
effects used to adulterate plant or other materials;
(3)
Products
containing any of the above substances and marketed as “K-2,”
“K-2 Summit,” “K-2 Sex,” “Genie,”
“Dascents,” “Zohai,” “Sage,” “Spice,”
“KO Knock-Out 2,” “Spice Gold,” “Spice
Diamond,” “Spice Silver,” “Yucatan Fire,”
“Solar Flare,” “Pep Spice,” “Fire ‘n
Ice,” “Diablo,” “Spicy Green,” “Skunk,”
“Sence” and “Salvia Divinorum,” or products
by any other name containing a synthetic cannabinoid, synthetic cannabinoid
mimicking compound or substance containing the HU-210 compound; or
(4)
Any
substance similar to those described, which when inhaled or otherwise
ingested produces intoxication, stupefaction, giddiness, paralysis,
irrational behavior, or in any manner changes, distorts or disturbs
the auditory, visual or mental process and the product or substance
has no other apparent legitimate purpose for consumption.
(Ordinance 323, sec. 1(a), adopted 9/14/10)
It is unlawful for any person, knowingly, to breathe, inhale,
drink, or otherwise ingest any compound, liquid or chemical listed
within this article or a similar substance, for the purpose of inducing
a condition of intoxication, stupefaction, giddiness, paralysis, irrational
behavior, or in any manner changing, distorting or disturbing the
auditory, visual or mental process.
(Ordinance 323, sec. 1(b), adopted 9/14/10)
It shall be unlawful for any person to use or possess, within
the city, any paraphernalia, equipment or utensils in ingesting or
inhaling any compound, liquid or chemical listed in this article,
or similar substance.
(Ordinance 323, sec. 1(c), adopted 9/14/10)
(a)
It
is not a violation of this article if a person was acting under the
supervision of an authorized law enforcement officer to enforce or
to ensure compliance with this article.
(b)
It
is not a violation of this article if a person inhales anesthesia
or commits any act described in this article under the direction or
prescription of a physician or dentist licensed by the state to direct
or prescribe the act.
(c)
It
shall be a defense to prosecution under the terms of this article
if an individual charged with violation can provide proper and complete
historic documentation that the use of such materials was undertaken
solely for religious purposes or as the activity of an organized religious
denomination in which the individual has been identified to have a
long-standing historic membership by a member of the clergy or spiritual
leader recognized by the state.
(Ordinance 323, sec. 1(d)–(f),
adopted 9/14/10)
