The City Council of the City of Encinitas finds and declares
that:
A. In addition
to its legal uses, adults and juveniles are abusing clonazepam to
become intoxicated and/or to facilitate sexual assault.
B. There
are reports of clonazepam being used to facilitate sexual assault.
C. There
is a current and immediate threat to the public safety and welfare
in that the use of clonazepam by juveniles is increasing at an alarming
rate in San Diego County due to its easy accessibility, low price
and powerful effect.
D. At the
present time no law exists prohibiting the possession of clonazepam
without a valid prescription.
(Ord. 2000-02)
"Clonazepam"
means any drug, substance or compound, whether legal or illegal
containing clonazepam as described in California Health and Safety
Code Section 11057(d)(6).
(Ord. 2000-02)
Except as authorized by law and as otherwise provided in subdivision (b) of Article 7 (commencing with Section 4211) of Chapter
9 of Division 2 of the California
Business and Professions Code, it shall be unlawful for any person to possess the drug clonazepam or any substance containing the same without a validly issued prescription.
(Ord. 2000-02)
The City Attorney and the Chief of Police, or any designated
representative of the City, shall be authorized to administer and
enforce the provisions of this chapter.
(Ord. 2000-02)
Violations of this chapter may be prosecuted as misdemeanors
subject to the maximum fines and jail time as prescribed by law. The
City Attorney and the Chief of Police may also pursue injunctive relief,
civil penalties or administrative remedies as may be authorized by
law.
(Ord. 2000-02)
Violations of this chapter shall be treated as strict liability
offenses irrespective of intent.
(Ord. 2000-02)