In this article, the following terms shall have the following meanings:
Illegal smoking product.
Any 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 chemicals:
(1) 
Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant;
(2) 
2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-yl) phenol (also known as CP 47, 497) and homologues;
(3) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(4) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(5) 
1-pentyl-3-(4-methoxynaphtholy) indole (also known as JWH-081).
Ingestion device.
Equipment, product, or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(1) 
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2) 
A water pipe;
(3) 
A carburetion tube or device;
(4) 
A smoking or carburetion mask;
(5) 
A chamber pipe;
(6) 
A carburetor pipe;
(7) 
An electric pipe;
(8) 
An air-driven pipe;
(9) 
A chillum;
(10) 
A bong; or
(11) 
An ice pipe or chiller.
Intent, intentionally, knowingly, or recklessly.
These terms in this article have the definitions prescribed by Section 6.03 of the Texas Penal Code and proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
Person.
An individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business.
(Ordinance 2010-9204, § 2, adopted 9/9/2010)
It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject, ingest, inhale, or otherwise introduce into the human body an illegal smoking product.
(Ordinance 2010-9204, § 2, adopted 9/9/2010)
It shall be an affirmative defense to a violation of this article that any act described in this article:
(1) 
Is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act;
(2) 
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 a spiritual leader recognized by the State of Texas if the person charged with a violation of this article can provide proper and complete historic documentation of this; or
(3) 
Is in the possession of a governmental entity for law enforcement, educational, research, or other similar purposes.
(Ordinance 2010-9204, § 2, adopted 9/9/2010)
(a) 
An offense under this article is punishable by a fine not to exceed two thousand dollars ($2,000.00).
(b) 
Each day any violation of any provision of this article continues shall constitute a separate offense.
(c) 
The penalties provided for in this section are in addition to any other enforcement remedies that the city may have under other city ordinances or state law.
(Ordinance 2010-9204, § 2, adopted 9/9/2010)