HomeMy Public PortalAboutOrdinance No. 1185-10 12-14-2010 ORDINANCE NO. 1185-10
AN ORDINANCE AMENDING CHAPTER 58, OFFENSES AND
NUISANCES, OF THE CODE OF ORDINANCES OF THE CITY OF
RICHLAND HILLS, TEXAS, AS AMENDED, BY ADDING ARTICLE VI,
PROHIBITING THE POSSESSION, PURCHASE, SALE AND
INGESTION OF CERTAIN DRUGS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Richland Hills has been provided with
documentation from competent, well recognized medical professionals and law
enforcement officials of the growing presence of a new and potentially dangerous
substance affecting the public health, safety and welfare of the citizens, particularly the
youth of the City; and
WHEREAS, in response to these warnings, the City Council has secured
information indicating that this threat is presented in the form of retail products sold or
distributed as a mixture of dried vegetation that when covered or mixed with certain
specific chemicals, produces the physiological and psychological effects of a controlled
substance such as marijuana; and
WHEREAS, such substances are competently reported to cause hallucinations,
vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor,
numbness and tingling, disorientation, loss of time awareness and, in some cases,
tremors and seizures as documented by the National Drug Intelligence Center of the
United States Department of Justice in EWS Report 000006 issued May 18, 2010; and
WHEREAS, the medical evidence and treatment response and documentation of
these symptoms and events have been confirmed by Doctor Anthony J. Scalzo, the
Medical Director of the State of Missouri Poison Control Center in a special newsletter
alert to the medical community generated as Volume 4, Issue 1, 2010; and
WHEREAS, the substances identified above are considered to be generally
described as synthetic cannabinoids or salvia divinorum distributed, sold and marketed
under such names as "K-2", "K-2 SUMMIT", "K-2 SEX", "K-3" "GENIE", "DASCENTS",
"ZOHAI", "SAGE", "SPICE", "KO KNOCK-OUT 2", "SPICE GOLD", "SPICE DIAMOND",
"YUCATAN FIRE", "SOLAR FLARE", "PEP SPICE", "FIRE N' ICE", AND "SALVIA
DIVINORUM"; and
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WHEREAS, the substances identified above have not yet been designated as
controlled substances under the laws of the State of Texas or under the laws of the
United States; and
WHEREAS, the substances described above may be marketed as incense but
are commonly being used as an alternative to marijuana which is an identified and
documented controlled substance, the sale and use of which is prohibited under the
laws of the State of Texas; and
WHEREAS, the synthetic cannabinoids substances identified above may be
presented under a variety of street names but share common ingredients including
JWH-018 and JWH-073; and
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated synthetic cannabinoids and salvia divinorum
produce a very potent, intoxicating effect which is estimated by the medical community
to produce effects ranging from three to one hundred times greater and more potent
than THC, the active ingredient in marijuana; and
WHEREAS, the substances identified above manifest all of the demonstrated
attributes of substances that deprive individuals of judgment, coordination and the ability
to conduct themselves in a safe and appropriate manner in modern society; and
WHEREAS, the available medical and law enforcement information on these
products indicates that individuals under the effects of these substances may be a clear
and present danger to themselves and others; and
WHEREAS, it is anticipated that the Texas Legislature will consider appropriate
regulation of these type of commodities in its upcoming legislative session but that it is
essential for the municipality to prohibit these products until a state wide regulatory
system may be properly implemented; and
WHEREAS, the risk posed by these substances creates a danger to the public
health and safety that must be immediately addressed by the adoption of a local
ordinance to protect the interests of the citizens of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
Chapter 58 of the Code of Ordinances of the City of Richland Hills is
amended by adding Article VI to read as follows:
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ARTICLE VI. PROHIBITION OF CERTAIN DRUGS
Sec. 58-125 Definitions
For purposes of this Article.
Prohibited Smoking Material. Means 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:
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;
B. 2-[(1 R,3S)-3-hydroxycyclohexyl]-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-1-ol) (also known as HU-210 or HU-211 or
Dexanabinol);
D. 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018, Spice or
K2);
E. 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
F. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081);
G. N-benzylpiperazine commonly known as BZP;
H. 1-(3-[trifluoromethylphenyl]) piperazine commonly known as
TFMPP;
I. Any other synthetic cannabinoid; or
J. Any similar substance which when inhaled or otherwise ingested
produces intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any
manner, changes distorts or disturbs the auditory, visual, or mental process and the
product or substance had no other apparent legitimate purpose for consumers.
Sec. 58-126 Possession, Purchase, Sale or Ingestion of Prohibited
Smoking Material
It shall be unlawful to use, possess, purchase, sell, gift, barter, publically display
for sale, or attempt to sell, gift or barter a Prohibited Smoking Material within the city
limits of the City of Richland Hills.
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Sec. 58-127 Defenses to Prosecution
(a) It shall be a defense to prosecution for a violation of section 58-126
if the use of the prohibited 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 of Texas.
(b) It shall be a defense to prosecution for a violation of section 58-126
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 of Texas.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances, City of Richland Hills, as amended, except where the provisions
are in direct conflict with the provisions of other ordinances, in which event the
conflicting provisions of the other ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects, refuses
or fails to comply with, or who resists the enforcement of any provision of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Richland Hills are expressly saved as to any
and all violations of the provisions of the Code of Ordinances, City of Richland Hills, or
any other ordinances prohibiting the possession, purchase, sale and ingestion of
Prohibited Smoking Material which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the court.
SECTION 6.
The City Secretary of the City of Richland Hills is hereby directed to publish
caption, penalty clause, and effective date clause in the official newspaper at least once
within ten (10) days after the passage of this ordinance.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by law, and it is so ordained.
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PASSED AND APPROVED on this 14th day of December. 2010.
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T HONORABLE DAVI AGAN, MAYOR
ATTEST:
IN A CANTU, TRMC, CITY SECRETARY
EFFECTIVE: - 1 - c~.O10 ~ ~
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APP OVE AS O FORM AND LEGALITY: ~
TIM G. RALLA, CITY A ORNEY
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