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Home My WebLink About2010-3275 - Ordinance - 08/26/2010ORDINANCE NO. 2010-3215 AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 12 "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA", AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That CHAPTER 7, SECTION 12, "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA" be added to the Code of Ordinances as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ,2b th day of August, 2010. ATTEST: APPROVED: _W k04~ City Secreta Mayor XOVED: 0-1~ City Attorney ORDINANCE NO. tou 2010 3275 Page 2 That CHAPTER 7, SECTION 12, "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA" be added to the Code of Ordinances as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. EXHIBIT "A" SECTION 12. ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA A. DEFINITIONS (1) "Illegal Smoking Paraphernalia" shall mean any equipment, product, object, or material that is 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; L 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" shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, under 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 or similar structural analogs; b. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues or similar structural analogs; C. (6aS,lOaS)-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) or similar structural analogs; ORDINANCE NO. 2010 -3M Page 3 d. 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018) or similar structural analogs; e. 1-butyl-3-(1-naphthoyl)indole (also known as J)VH-073) or similar structural analogs; f. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081) or similar structural analogs. (3) "Marketed Names of Illegal Smoking Products" Illegal Smoking Products containing some or all of the above substances currently marketed under the following commercial names: a. K - 2, K - 2 Summit, K - 2 Sex, 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. (4) "Person" shall mean an individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business. B. OFFENSE (1) It shall be unlawful for any person to use, possess, purchase, barter, give, deliver, publicly display, sell, or offer for sale any Illegal Smoking Product. (2) It shall be unlawful for any person to use or possess any Illegal Smoking Paraphernalia with the intent to inject, ingest, inhale, or otherwise introduce into the human body an Illegal Smoking Product. (3) Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this Ordinance, regardless of whether the product is marketed under names other than those listed above. C. AFFIRMATIVE DEFENSES (1) It shall be an affirmative defense for a person charged with an offense for possession or use of an Illegal Smoking Product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. (2) It shall be an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. (3) In the possession of or being used by a governmental entity for a health purpose, research and education, or a similar program.