It shall be unlawful for any person to operate a palm reading,
fortunetelling or similar business telling the past, present, or future
in any kind of structure within 1,000 feet of any private residence
in the city.
(Ordinance 19, § 1, adopted 3/21/1957)
(a)
Findings.
The council finds that:
(1)
Local
businesses within the city are selling to the general public products
containing synthetic cannabinoids, salvia divinorum, or related chemicals
that when ingested produce intoxicating effects similar to marijuana.
(2)
These
products are being sold, distributed, and marketed in the form of
incense or herbal smoking blends under names such as "Dascents," "Fire
N Ice," "Genie," "K-2," "K-2 Sex," "K-2 Summit," "K O Knock-Out 2,"
"Pep Spice," "Sage," "Salvia Divinorum," "Solar Flare," "Spice," "Spice
Cannabinoid," "Spice Diamond," "Spice Gold," "Yucatan Fire," and "Zohai."
(3)
The
National Drug Intelligence Center of the United States Department
of Justice issued an immediate alert to law enforcement and public
health officials of potential substance abuse problems and harmful
side effects related to the use of these synthetic cannabinoid products
in EWS Report 000006 dated May 18, 2010.
(4)
The
use of these products is a danger to the public health, safety, and
welfare because the adverse side effects from the use of synthetic
cannabinoids, salvia divinorum, or related chemicals include panic
attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness
and tingling, and in some cases, tremors and seizures.
(5)
The
Drug Enforcement Agency has placed a ban on synthetic cannabinoids,
and the State of Texas has not yet designated synthetic cannabinoids,
salvia divinorum, or related chemicals as controlled substances. The
federal government has not yet designated salvia divinorum as a controlled
substance.
(6)
In
order to promote the public health, safety, and welfare of the citizens
of this city, products containing synthetic cannabinoids, salvia divinorum,
or related chemicals and paraphernalia should be prohibited in the
City of Kyle as provided in this section.
(7)
The
rules, regulations, terms, conditions, provisions and requirements
of this section are reasonable and necessary to protect the public
health, safety and quality of life.
(b)
Definitions.
In this section:
(1)
Illegal smoking paraphernalia
means any equipment,
product, material or object used or intended for use in ingesting,
inhaling, or otherwise introducing an illegal smoking product into
the human body, including:
a.
Metal,
wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without
a screen, permanent screen, hashish head, or punctured metal bowl;
b.
A
water pipe;
c.
A
carburetion tube or device;
d.
A
smoking or carburetion mask;
e.
A
chamber pipe;
f.
A
carburetor pipe;
g.
An
electric pipe;
h.
An
air-driven pipe;
i.
A
chillum;
j.
A
bong; or
k.
An
ice pipe or chiller.
(2)
Illegal smoking product
means any plant or
other substance, whether described as tobacco, herbs, incense, spice
or any blend thereof, including any of the marketed names of illegal
smoking products; 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:
a.
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 (referred to herein as "salvia divinorum");
b.
2-[(lR,3S)-3-hydroxycyclohexylJ-5-(2-methyloctan-2-yl)phenol
(also known as CP47,497) and homologues;
c.
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol
(also known as HU-211 or Dexanabinol);
d.
l-pentyl-3-(l-naphthoyl)indole
(also known as JWH-018);
e.
l-butyl-3-(l-naphthoyl)indole
(also known as JWH-073);
f.
1-pentyl-3-(4-methoxynaphthoyl)indole
(also known as JWH-081); or
g.
Methylenedioxypyrovalerone
and mephedrone (referred to herein as "MDPV").
|
The substances set forth in subsections 23-2(b)(2)b.—f. are herein referred to as "synthetic cannabinoids".
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(3)
Marketed names of illegal smoking products
means the following commercial names in which some or all of the
illegal smoking products are currently being marketed under:
a.
"Dascents,"
"Fire N Ice," "Genie," "K-2," "K-2 Sex," "K-2 Summit," "K O Knock-Out
2," "Pep Spice," "Sage," "Salvia Divinorum," "Solar Rare," "Spice,"
"Spice Cannabinoid," "Spice Diamond," "Spice Gold," "Yucatan Fire,"
and "Zohai."
b.
"MDPK,"
"Magic," "Super Code," "PV," "bath salts," "Cloud 9," "Ivory Wave,"
"Ocean," "Charge Plus," "White Lightening," "Scarface," "Hurricane
Charlie," "Red Dove," "White Dove," "Vanilla Sky," and "Bliss."
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It is anticipated that new products will be marketed under different names but will be subject to this definition if they contain any of the chemical components set forth in Section 23-2(b)(2) above.
|
(4)
Person
means an individual, corporation, retailer,
wholesaler, partnership, association, or any other legal entity.
(c)
Offenses.
(1)
Synthetic
cannabinoids and MDPV.
a.
A
person commits an offense if he uses, possesses, buys, sells, offers
for sale, barters, gives, publicly displays, delivers, or transfers
any synthetic cannabinoid or MDPV.
b.
A
person commits an offense if he uses, inhales, ingests, or otherwise
introduces into the human body any synthetic cannabinoid or MDPV.
c.
A
person commits an offense if he uses or possesses any illegal smoking
paraphernalia with the intent to inject, inhale, ingest, or otherwise
introduce into the human body any synthetic cannabinoid or MDPV.
(2)
Salvia
divinorum.
a.
A
person commits an offense if he sells, offers for sale, barters, gives,
delivers, or transfers salvia divinorum to any person below 21 years
of age.
b.
A
person below 21 years of age commits an offense if he uses, inhales,
ingests, or otherwise introduces into the human body salvia divinorum.
c.
A
person below 21 years of age commits an offense if he uses or possesses
any illegal smoking paraphernalia with the intent to inject, inhale,
ingest, or otherwise introduce into the human body salvia divinorum.
(3)
Any
product containing any of the chemical compounds set forth above shall
be subject to the provisions of this section, regardless of whether
the product is marketed under names other than those listed above.
(d)
Defenses.
(1)
It
is a defense to prosecution under this section that an illegal smoking
product or illegal smoking paraphernalia was:
a.
In
the possession of a peace officer, or a person acting under the authority
of a peace officer, acting in the performance of official duties;
b.
In
the possession of or being used by a governmental entity for a health,
research, education, or similar program;
c.
In
the possession of or used by a person under a prescription issued
by a licensed physician or dentist authorized to prescribe controlled
substances in the State of Texas.
d.
In
the case of Salvia divinorum, possessed, sold, offered for sale, bartered,
given, displayed, delivered, or transferred as ornamental landscaping
and solely for that purpose. In the case MDPV, the MDPV is a component
of a lawful substance, such as plant food, that is possessed, bought,
sold, offered for sale, bartered, given, publicly displayed, delivered,
or transferred solely for such lawful purpose.
e.
In
the possession of a person who can provide proper and complete historic
documentation that the use of such materials is a part of a religious
undertaking or activity of a religious denomination in which the person
has long standing historic membership supported by documentation from
clergy or spiritual leadership recognized by the State of Texas.
(e)
Exceptions.
This section does not apply to equipment, products, materials,
or objects, including those items listed in subsections 23-2(b)(l)a.—k.
that are solely used or intended for use in ingesting, inhaling, or
introducing tobacco into the human body.
(f)
Penalty.
A person who violates a provision of this section is guilty
of a separate offense for each day or part of a day during which the
violation is committed, continued, or permitted. Each offense, upon
conviction, is punishable by a fine not to exceed $2,000.00.
(Ordinance 647, § 1, adopted 3/1/2011; Ordinance 652, §§ 2—5, adopted 4/19/2011)
