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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 (09/07/10) Page 1 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: (09/07/10) Page 2 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. (09/07/10) Page 3 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. (09/07/10) Page 4 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. (09/07/10) Page 5 PASSED AND APPROVED on this 14th day of December. 2010. r ~ • T HONORABLE DAVI AGAN, MAYOR ATTEST: IN A CANTU, TRMC, CITY SECRETARY EFFECTIVE: - 1 - c~.O10 ~ ~ O c!' ; ~y ra ~ _ APP OVE AS O FORM AND LEGALITY: ~ TIM G. RALLA, CITY A ORNEY (09/07/10) Page 6