HomeMy WebLinkAboutOrdinance No. 2011-07 (Title: An Ordinance amending Chapter 54—Offenses and Miscellaneous Provisions of the
Code of Ordinances of the City of Friendswood by adding a new Article VII "Illegal
Smoking Products and Ingestion Devices" to prohibit the use, possession and sale of"K-2"
and synthetic cannabinoid substances not yet categorized as illegal controlled substances G
under federal or state law and the devices used to ingest these substances.)
ORDINANCE NO. 2011-07
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
AMENDING CHAPTER 54, OFFENSES AND MISCELLANEOUS
PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY
OF FRIENDSWOOD, TEXAS AND ADOPTING A NEW ARTICLE
VII, ILLEGAL SMOKING PRODUCTS AND INGESTION DEVICES
TO PROHIBIT THE USE, PURCHASE, POSSESSION AND SALE
OF ILLEGAL SMOKING PRODUCTS CONTAINING CERTAIN
PLANT, PLANT PRODUCTS OR DERIVATIVES, CHEMICAL
COMPOUNDS APPLIED TO PLANTS, AND PLANT PRODUCTS
AND THEIR DERIVATIVES OR OTHER SUBSTANCES, AND
INGESTION DEVICES USED IN CONNECTION WITH THE
ILLEGAL SMOKING PRODUCTS, AND TO PROHIBIT THE USE,
PURCHASE, POSSESSION, AND SALE OF THE SYNTHETIC
CANNABINOID PRODUCTS; DISPENSING WITH A CULPABLE
- MENTAL STATE; PROVIDING A PENALTY OF AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF
ANY PROVISION HEREOF; AND PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Friendswood, Texas, being a home rule city having authority tol
utilize police power regulation for the health, safety and general welfare of the citizens of the
city; and
WHEREAS, the City Council of the City of Friendswood, Texas, has been informed by
the Police Department that the American Association of Poison Control Centers and the U. Si
Department of Justice have published articles and opinions on the dangers and physiological
effects of K2 and similar synthetic cannabinoid substances, which are believed to pose
significant health concern to the city of the City of Friendswood; and
WHEREAS, the Friendswood Police Department has already responded to two recent
calls involving the ingestion of products marketed as "K2" by young members of our
community, whereby each had a fatal outcome; and
WHEREAS, based upon further information from the Friendswood Police Department,
certain substances are sold under various names including but not limited to: "K2", "K2
Summit" 11K2 Sex" "K2 Ultra" "K2 Blonde" "K2 Citron" "K2 Orisha" "K2 Amazonian
Shelter", "K2 Thai Dream", "Genie", "Dascents", "Zohai", "Sage", "Spice", "KO Knock-Out2", ,
"Spice Gold", "Spice Diamond", "Yucatan Fire", "Yucatan Gold", "Solar Flair", "Pep Spice",
"Pot-Pourri", "Bombay Blue", "Hush", "Swerve", "fire n' Ice", "Salvia Divinorum", "Salvinorin
A", and "K-3" and are likely to contain chemical compounds or otherwise cause effects similar to
marijuana or hallucinogens and may cause harmful effects by their use and further, the longterm
effects are not yet known; and
WHEREAS, the substances are not yet categorized as illegal controlled substances under'
state law; and
WHEREAS, the Council finds that the effects of these substances can be a health
concern to the citizens of Friendswood; and
WHEREAS, the City Council has determined that it is in the best interest of the public'
health, safety and welfare to prohibit the use, possession and sale of these substances and the,
devices used to ingest these substances;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS, THAT:
Section 1. That the Friendswood City Code is hereby amended by adding a new
Article to be numbered Article VII, Illegal Smoking Products and Ingestion Devices of Chapter
54, OFFENSES AND MISCELLANEOUS PROVISIONS to prohibit the use, purchase,
possession, sale and offering for sale of illegal smoking products and ingestion devices, which
Article VII shall read and provide as follows:
"CHAPTER 54. OFFENSES AND MISCELLANEOUS PROVISIONS.
Ord 2011-07 2
ARTICLE VII. -ILLEGAL Smoking Products and Ingestion Devices.
Sec. 54-196.—Purpose.
The purpose of this article is to prohibit the use, possession, sale, ingestion
or smoking of illegal smoking products and ingestion devices hereinafter defined
within the city limits of the City of Friendswood. Texas.
Sec. 54-196. Defmitions.
The following words and phrases as used in this section shall have the
meanings as set forth in this subsection.
"Person" shall mean an individual, corporation, partnership, wholesaler,
retailer or any licensed or unlicensed business.
"Illegal Smoking Product" shall mean any plant or other substance, whether
described as tobacco, herbs, incense, spice or any blend thereof, 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:
(1) Salvinorin A: Contained within the Salvia Divinorum plant, whether
i- growing or not; or possessed as an extract, compound, manufacture, I
derivative, mixture, or preparation of such plant;
(2) 2-[(1R, 3S)-3-hydroxycyclohexyll-5-(2-mgthylocatan-2-yl) phenol
(also known as CP 47, 497) and homologues:
(3) 1-Pentvl-3-0-naphthoyl) indole (also known as JWH-018);
(4) Butyl-3-(1-naphthoyl) indole (also known as JWH-073);
(5) 1-(N-moMholin-4- I)ethyl-3-naphthoylindole JWH-250 1-pentvl-3-
(2-methoxyphenylacgVl)indole(also known as JWH-200);
(6) (2-Methyl-I-propel-IH-indof-3-yl)-1-naphthalenvlmethanone (also
known as JWH-015);
(7) 4-methoxynaphthalen-l-yl-(I-pentylindol-3-vl)methanone (also
known as JWH-081),
(8) (6aR, IOaR)-3-(1, 1-Dimethylbutyl)-6a,7,10,10a-tetrahydro -6,6,9-
trimethvl-6H-dibenzofb,dlpyran(also known as JWH133);
(9) 1-hexyl-2-phenyl-441-naphthoyl)pyrrole (also known as JWH-147),
Ord 2011-07 3
(10) 1-([lE)-3-pentylinden-l-vlidinelmethvl)nghthalene (also known as
JWH-171):
(11) [(lR,2R,5R)-2-f2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyll-7,7-
dimeth 1�vclo[3.1.11hent-3-envll methanol (also known as HU-
308 • '
(12) (6aR,10aR)-1-methoxv-6.6,9-trimethyl-3-(2-methyloctan-2-vl)-
6a,7,10,10a-tetrahydrobenzorclehromene (also known as L-
759,633):
(13) . -2(R)-(+)-12,3-Dihydro-5-methyl-3-(4-
morpholinvlmethv_1)t)wmlof 1,2,3-del-1,4-benzoxazin-6-yll-1-
napthalenylmethanone (also known as WIN-55,212);
(14) and other synthetic cannabinoids.
"Ingestion Device" shall mean equipment, a product or material that is used
or intended for use in ingesting, inhaling, or otherwise introducina an illegal
smoking product into the human body, including:
(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;
(3) A carburetion tube or device;
(4) A smoking or carburetion mask;
(5) A chamber nine;
(6) A carburetor pipe:
(7) An electric pipe;
(8) An air-driven pipe;
(9) A chillum:
(10) A bong; or
(11) An ice nine or chiller.
Sec. 54-197. Violation.
Ord 2011-07 4
_ (a) It shall be unlawful for any person to use, possess, purchase, barter,
give, publicly display, sell or offer for sale any illegal smoking
product.
(b) It shall be unlawful for any person to use or possess an in esg tion
device with the intent to iniect, ingest, inhale or otherwise introduce
into the human body an illegal smoking product.
(c) 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.
(d) Any person, firm or corporation found to be violating any term or
provision of this Ordinance, shall be subiect to a fine in accordance
with Section 1-14 of the City Code of Ordinances for each offense.
Every day a violation continues shall constitute a separate offense.
Sec. 54-198. Affirmative Defense.
(a) 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 i
rlicensed physician or dentist authorized to direct or prescribe such
act.
(b) 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."
Section 2. All provisions of the Code of Ordinances of the City of Friendswood, codified
or uncodified, in conflict with the provisions of this Ordinance are hereby repealed, and all other
provisions of the Code of Ordinances of the City of Friendswood, codified or uncodified, not in
conflict with the provisions of this Ordinance shall remain in full force and effect.
Section 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase,
clause, sentence, or section of this Ordinance shall be declared unconstitutional or invalid by any
court of competent jurisdiction, such unconstitutionality or invalidity by any court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase,
clause, sentence,paragraph or section of this Ordinance.
Section 4. The repeal of any Ordinance or part of Ordinances effectuated by the
enactment of this Ordinance shall not be construed as abandoning any action now pending under
or by virtue of such Ordinance or as discontinuing, abating, modifying or altering any penalty;
Ord 2011-07 5
r accruing or to accrue, or as affecting any rights of the municipality under any section or .
provisions at the time of passage of this ordinance.
i
Section 5. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
Section 6. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed
$2,000.00. Each day of violation shall constitute a separate offense.
Section 7. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any and every part
of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
PASSED AND APPROVED on first reading this 28th day of February,2011.
PASSED, APPROVED, AND ADOPTED on second and final reading this the 215t
day of March,2011.
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yid J. Smith
Mayor
ATTEST:
OF FRtBN�s
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Melinda Welsh, TRMC ,t
City Secretary
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Ord 2011-07 6