For the purpose of this article, the following words and phrases shall have the following meanings:
Illegal smoking product.
Any plant or other 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 substances or 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-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 or all of the above substances are potentially marketed under “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “DaScents,” “Zohai,” “Sage,” “Spice,” “Sence,” “Smoke,” “Skunk,” “KO Knock-Out 2,” “Spice Gold,” “Spice Diamond,” “Yucatan Fire,” “Solar Flare,” “Pep Spice,” “Fire n’ Ice,” “Salvia Divinorum” and “Salvinorin A.” 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.
Person.
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
(Ordinance 101005-A, sec. 1-1, adopted 10/5/2010)
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale an illegal smoking product.
(Ordinance 101005-A, sec. 1-2, adopted 10/5/2010)
(a) 
Any person, firm or corporation violating a provision of this article shall be guilty of a class C misdemeanor and shall, upon conviction, be subject to a fine in accordance with section 1.01.009 of this code.
(b) 
In addition to the fine, the city may seek restitution if there are expenses associated with the testing of substances. The restitution and fine shall not be more than two thousand dollars ($2,000.00).
(c) 
A violation constitutes a separate offense for each regulated item involved.
(d) 
A violation constitutes a separate offense for each day a violation continues.
(Ordinance 101005-A, sec. 1-3, adopted 10/5/2010; Ordinance adopting Code)
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 101005-A, sec. 1-4, adopted 10/5/2010)