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Home My Public Portal About12-14 Sale of Loose, Leafy or Granular Incense Products 1St Reading: June 25, 2012 2nd Reading: July 25, 2012 Public Hearing: July 25, 2012 Adopted: July 25, 2012 Effective Date: July 26, 2012 Sponsored by: Commissioner Holmes ORDINANCE NO. 12-14 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA PROHIBITING THE SALE, OFFER FOR SALE, PURCHASE WITH INTENT TO SELL OR PUBLIC DISPLAY FOR SALE OF LOOSE, LEAFY OR GRANULAR INCENSE PRODUCTS AND OTHER SYNTHETIC SUBSTANCES THAT MIMIC ILLEGAL DRUGS (SYNTHETIC MARIJUANA); PROVIDING FOR DEFINITIONS; PROVIDING FOR SEIZURE AND INJUNCTIVE RELIEF; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR EFFECTIVE DATE WHEREAS, new substances are being created which are not controlled by Federal or State law but which have a potential for abuse similar to or greater than that for controlled substances; and, WHEREAS, illicit products are being marketed as "incense"that are synthetic substitutes that mimic the pharmacological effects of marijuana and other illegal drugs; and, WHEREAS, "incense"products generally known as "synthetic marijuana" are being purchased by consumers for purposes of ingestion notwithstanding any markings to the contrary; and, WHEREAS, some of these "synthetic marijuana" substances evade classification as controlled substance analogs by being packaged in such a manner as to state that they are not intended for human consumption or ingestion, and are sold as loose, leafy or granular incense products; and, Ordinance No. 12-14 WHEREAS, the uncontrolled importation, manufacture, distribution, possession, or use of controlled substance analogs has a substantial and detrimental impact on the health and safety of the residents of Opa-Locka; and, WHEREAS, such incense may actually be more dangerous to humans than controlled substances due to unapproved, uncertain and ever-changing nature of the chemical compounds contained in them; and, WHEREAS, such products are purchased in disproportionate amounts by minors and very young adults and pose a life-safety issue for Opa-Locka; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Section 1. Each of the above stated recitals are true and correct and are incorporated herein by this reference. Section 2. The following ordinance is hereby enacted: Granular Incense shall mean incense that is packaged in a loose, leafy or granular manner or that is packaged in small blocks which can be easily crushed or placed into drug paraphernalia for purposes of ingestion through smoking or other methods. The sale, offer for sale, purchase with intent to sell, and public display for sale of Granular Incense within the City of Opa-Locka is hereby prohibited. This ordinance may be enforced pursuant to the City Code of Ordinances and chapter 162 of the Florida statutes by any code enforcement officer or police officer of the City. All Granular Incense offered for sale in violation hereof is subject to seizure and impoundment as a public nuisance, or punishable by a fine not to exceed five hundred dollars ($500.00). Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ORDINANCE NO. 12-14 Section 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance is held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the remainder of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 25th day of July, 2012. MYRA LO MAYOR Attest to: 10&),... ) Ai JPs a Flores I terim City Clerk Approved as o fo I and legal of iency: t Jos-en Y6 eller Cite Atto ey Moved by: COMMISSIONER H 1 LMES Seconded by: COMMISSIONER LLER Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: OUT OF ROOM Mayor Taylor: YES THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,JULY 15,2012 17ND KOHES • CITY OF OPA-LOCKA,FLORIDA ( NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public Cares® hearings at its Regular Commission Meeting on Wednesday,July 25,2012 at 7:00 p.m.at the Opa-locka Committed to Kids' Health and Education Municipal Complex,780 Fisherman Street,2'4 Floor,Opa-locka,Florida to consider the following items: Bik8c Safety READING/PUBLIC HEARING: e CX Child Safel+y Eve n}l (First reading for ordinances listed below were held on June 27,2012) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING ORDINANCE 11-15, THE GENERAL FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1,2011 AND ENDING Miami Children's Hospital and Kohl's Associates in AND EXPENDITURES AS REFLECTED N EXHIBIT"A",OPTION AB;CONTAINING A REPEALER Action Team will be fitting children for bike helmets PROVISION AND SEVERABILITY CLAUSE;FURTHER PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING ORDINANCE 11-16,THE PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1,2011 AND ENDING SEPTEMBER 30,2012; Informational Sessions,Safety Instructions and Giveaways!* ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT"A",REFLECTING *While Supplies Last CHANGES IN REVENUE SOURCES AS FOLLOWS:FEMA FUND(FUND 169),FIVE THOUSAND PP FOUR HUNDRED AND NINETY FIVE DOLLARS($5,495);WATER AND SEWER FUND(FUND 440),EIGHT HUNDRED AND FIFTY NINE THOUSAND NINE HUNDRED AND EIGHTY ONE DOLLARS($859,981);CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; Family friendly Entertainment FURTHER PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, PROHIBITING THE SALE,OFFER FOR SALE,PURCHASE WITH INTENT TO SELL OR PUBLIC Kohl's - Hialeah Store DISPLAY FOR SALE OF LOOSE,LEAFY OR GRANULAR INCENSE PRODUCTS AND OTHER SYNTHETIC SUBSTANCES THAT MIMIC ILLEGAL DRUGS (SYNTHETIC MARIJUANA); 700 West 49 Street PROVIDING FOR DEFINITIONS; PROVIDING FOR SEIZURE AND INJUNCTIVE RELIEF; Hialeah, FL 33012 AND VREPEALER;PROVIDING FOR CODI F CATION;PROVED NG FOR AN EFFECTIVE AE CONFLICT FOR PENALTIES; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE AMENDMENT TO ORDINANCE 12-10,TO AUTHORIZE THE CITY MANAGER TO Saturday, July my 21 • 11 a.m. - 2 p.m. EXECUTE AN AMENDED TWO-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-DADE I • COUNTY STORMWATER UTILITY AS TO PROVISION OF CONTRACT SERVICES;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. ��. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA FLORIDA, ,*N.41411 I � AMENDING THE COMPREHENSIVE DEVELOPMENT MASER PLAN BY CREATING THE TRANSIT ORIENTED DISTRICT(TOD)OVERLAY CLASSIFICATION,AMENDING THE FUTURE MIAMI •�/��• MIAMI LAND USE MAP,UPDATING THE PARK AND RECREATION ELEMENT AND AUTHORIZING THE r up MIAMI EN'S HosrrtAt, TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING CHILDREN'S o U N a A T[O N FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING Made Children's FOR SEVERABILITY;PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE. HOSPITAL. Mired Network Funding World-Class Care RESOLUTIOWPUBLIC HEARING: Hospitals A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO � /� �y/� APPROVE APPLICANT'S FINAL SITE PLAN REQUEST TO CONSTRUCT A SUPERMARKET e I •O, f iS( larn Zom AT 2121 NW 135TM STREET,OPA-LOCKA,FOLIO NO.08-2121-013-0070,ENCOMPASSING APPROXIMATELY 63,870 SQUARE FEET;PROVIDING FOR INCORPORATION OF RECITALS; A GUIDE FOR SOUTH P(GRDA PARENTS PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman Street,4"Floor,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. Q r I "m PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or ( a l l Ow e.\l i a m i l h i I J rr n 1 1 1 1 s I l i t a I I ra a nr a`,(..t‘ I)c 1'a r l limit a t commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made, 786 6 2 4•4 6 3 9 which record includes the testimony and evidence upon which the appeal may be based. • JOANNA FLORES,CMC INTERIM CITY CLERK • •