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Home My WebLink About029480 ORD - 05/15/2012Page 1 of 5 ORDINANCE AMENDING CHAPTER 33, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTICLE (IX) TO REGULATE ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA AND BY SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS, the City of Corpus Christi finds that establishing a policy to regulate illegal smoking products and related paraphernalia will provide for a more safe, secure and aesthetic environment for the citizens and the City; WHEREAS, products containing all or some of the above substances are currently being marketed in the City of Corpus Christi under the following commercial names: "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." WHEREAS, it is anticipated by the council that new products will be marketed under different names which will be subject to this definition if they contain any of the chemical components set forth below. WHEREAS, the City Council has determined that the use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of the illegal smoking products hereinafter defined include dizziness, panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, tremors, seizures, and death. WHEREAS, the United States Drug Enforcement Administration has temporarily designated the illegal smoking products hereinafter defined as controlled substances. The Council finds, however, that existing law is inadequate to combat the use, possession, sale, ingestion or smoking of illegal smoking products in the City. WHEREAS, the Council finds that, in order to promote the public health, safety and welfare of the citizens of this City, illegal smoking products as defined below should be prohibited -.in -the -City -of. Corpus -Christi. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chanter 33, Code of Ordinances, is amended by adding a new article (IX), to read as follows: c:lprogram flleslgranicusllegistar51packet1940_city council_5_8_2012\0013_2_f94ed979-842a-4112-890c- 01829632b63c.docx 029480 1 1 INDEXED Page 2 of 5 "Sec. 33. Offenses and miscellaneous provisions. * * * * "Sec. 33-124. Illegal Smoking Products and Related Paraphernalia Prohibited. "(1) Definitions. For the purposes of this subsection: "a. Illegal smoking product 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 comparative chemical: "1. 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, including Salvinorin A; "2. 2-[(1Rte)-3-hydroxycyc lohexyll-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues; "3. (6aS,10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3(2-methyloctan-2-vl)- 6a,7,10, 10a-tetrahydrobenzofcichromen-l-ol)(also known as HU -211 or dexanabinol); "4. 1-penty1-3-(1-naphthoyl)indole (also known as JWH-018); "5. 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); "6. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081); "7. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); "8. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexanol;CP-47, 497; or "9. 5-1, 1-dimethyloctyl)-2-[1R,3S-3-hydroxycyclohexyll- phenol(cannabicyclohexanol; CP -47, 497 C8 homologue). "b. Illegal smoking paraphernalia means any device, equipment, or utensil that is primarily used, intended primarily to be used, or by its design can be primarily used, in ingesting or inhaling illegal smoking materials and may include, but is not limited to: "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, excluding hookahs used only for smoking legal tobacco products; c:lprogram fileslgranicusllegistar5\packet1940_city council_5_8_201210013_2_f94ed979-B42a-4112-890c- 01829632b63c.docx Page 3 of 5 "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. "c. Person means an individual, firm, corporation, partnership, organization, association, wholesaler, retailer, any licensed or unlicensed business, or other legal entity. "(2). Offense. "(a). It shall be unlawful for any person to use, possess, purchase barter, give, publicly display, deliver, sell, offer for sale, or transfer any illegal smoking product or illegal smoking paraphernalia. "(bl. It shall be unlawful for any person to cause any illegal smoking product to be sold, delivered or transferred to another person. "(c). It shall be unlawful for any person to use or possess illegal smoking paraphernalia with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product. "(d). The culpable mental state required by Chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense. SECTION 2. A person violating any term or provision of this article shall be subject to a Line not to exceed $500.00. Aperson commits a separate offense for each da ,� duri g which a violation is committed, or for possession of each item described under this ordinance. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. caprogram files\ granicusllegistar5lpacket1940_city council_5_8_201210013_2_f94ed979-842a-4112-890c- 01829632b63c.docx Page 4 of 5 SECTION 4. Ordinance number 028948 and ordinance number 028967 are expressly repealed by this ordinance. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. caprogram filedgranicusllegisfar51packet1940_city council_5_8_201210013_2_f94ed979-842a-4112-890c- 01829632663c.docx Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the " 1' day of ,Cwt , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal Ctile David Loeb John E. Marez Nelda Martinez°47- Mark Scott Tat the foregoing ordinance was read for the second time and passed finally on this the day of in cuii , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal PASSED AND APPROVED, this the ATTEST: ety David Loeb John E. Marez Nelda Martinez Mark Scott Qht 154' day of nab) , 2012. Armando Chapa City Secretary EFFECTIVE oin 5j21 [1'2_ cAprogram fileslgranicusllegistar5lpacket1940_city council_5_8_201210013_2_f94ed979-842a-4112-890e- 01829632b63c.docx f 294x3 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5996269 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORD. NO. 029480 Ord which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/21/2012, 5/21/2012. $ 85.11 1Time(s) St On this ( day of d L , 2 _ �I certify that the attached document is a true and an exact copy de by isher. IMMO LEGAL SALES REPRESENTIVE MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Pub 1 4E » May 21, 2012 » CALLER -TIMES Legal Notices 1110 NOTICE OF PASSAGE OF ORD. NO. 029480 Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) 10 regulate illegal smoking products and related parapher- nalia and by specifically negating a requirement of a culpable mental state; providing for penalties. This ord, was approved on May 15,2012. /sl Armando Chapa City Secretary