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 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, 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-naphthoyl) 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,” 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
may include, but is not limited to:
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 14-01-07-1 adopted 1/7/14)
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 14-01-07-1 adopted 1/7/14)
It shall be unlawful for any person to purchase, sell, offer
for sale, deliver or to give any illegal smoking material to any person.
(Ordinance 14-01-07-1 adopted 1/7/14)
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 14-01-07-1 adopted 1/7/14)
It shall be unlawful for any person to have in their possession
any illegal smoking material paraphernalia with the intent to use
it, 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 present on the paraphernalia.
(Ordinance 14-01-07-1 adopted 1/7/14)
(a)
It
shall be an affirmative defense to prosecution for a violation of
this article if the 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 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 14-01-07-1 adopted 1/7/14)
(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 14-01-07-1 adopted 1/7/14)
(a)
Any
peace officer with legal criminal jurisdiction within the city shall
be authorized to seize any substance identified as a prohibited substance
in accordance with this article.
(b)
Officers
shall hold and safe-keep such seized substances as evidence until
such a time as the substance is no longer needed for prosecution of
a violation of this article.
(c)
The
seizing officer or designated authority shall be authorized to dispose/destroy
substances seized in accordance with this code after they are no longer
needed as evidence of a violation of this article.
(Ordinance 14-01-07-1 adopted 1/7/14)
