HomeMy WebLinkAbout2011/11/15 Item 02SE~ONp READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
ENACTING MUNICIPAL CODE CHAPTER 9.24
MAKING THE DISTRIBUTION OF PSYCHOACTNE
BATH SALTS AND PSYCHOACTIVE HERBAL
INCENSE A PUBLIC NUISANCE SUBIECT TO CIVIL
PENALTIES AND ENFORCEMENT
WHEREAS, the City Council is concerned for the safety and health of Chula
Vista citizens because the use, sale and distribution of Psychoactive Bath Salts and
Psychoactive Herbal Incense pose serious threats to their health, safety and general
welfaze;
WHEREAS, according to credible news reports and authorities Psychoactive Bath
Salts and Psychoactive Herbal Incense have caused or been linked to numerous deaths,
medical emergencies, acts of violence, and other incidents throughout the United States
and Europe;
WHEREAS, calls to the United States Poison Control Center have substantially
increased over the past year with regard to the ill-effects of Psychoactive Bath Salts and
Psychoactive Herbal Incense;
WHEREAS, Psychoactive Bath Salts have been falsely mazketed as standard bath
salts for use in one's bath, but in fact have been ingested, snorted and used intravenously
by many people throughout the United States with serious, deleterious effects to the
person's health including extreme anxiety/agitation, sometimes progressing to violent
behavior, extreme pazanoia, delusional thinking, visual and auditory hallucinations,
suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney
failure;
WHEREAS, Psychoactive Bath Salts, are in face "designer drugs" which have
been manufactured with chemical substances that are intended to mimic and recreate the
effects of cocaine and methamphetamine which are illegal, controlled substances under
state and federal law;
WHEREAS, Psychoactive Herbal Incense has been falsely marketed as standard
incense used for its aromatic qualities, but in fact been ingested or smoked by many
people throughout the United States with serious, deleterious effects to the person's
health including cazdiac arrest, seizures, extreme anxiety/agitation, sometimes
progressing to violent behavior, extreme paranoia, delusional thinking, visual and
auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate,
renal and kidney failure;
WHEREAS, Psychoactive Herbal Incense, are in fact "designer drugs" which
have been manufactured with chemical substances that are intended to mimic and
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recreate the euphoric effects of marijuana which is an illegal, controlled substance under
federal law;
WHEREAS, recently a local youth attending Olympian High School in Chula
Vista suffered a cazdiac arrest after smoking Psychoactive Herbal Incense;
WHEREAS, Sweetwater Union High School District recently banned
Psychoactive Bath Salts and Psychoactive Herbal Incense on school property;
WHEREAS, California and many other states have banned the use, sale, and
distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense and the
chemical substances contained therein;
WHEREAS, the Federa] Drug Enforcement Agency has used its emergency
powers under the Controlled Substances Act to declare many of the chemical substances
contained in Psychoactive Bath Salts and Psychoactive Herbal Incense illegal;
WHEREAS, notwithstanding the federal and state laws, there remains serious
gaps in the law that warrant further action at a local level;
WHEREAS, Chula Vista retailers are or should be awaze of the significant ill-
effects of Psychoactive Bath Salts and Psychoactive Herbal Incense, yet some continue to
sell these dangerous products;
WHEREAS, the ordinance is not designed to control the use, sale or distribution
of normal bath salts or incense that do not contain designer chemical compounds that
elicit psychotropic effects;
WHEREAS, based upon on the facts described above, and other good and reliable
information presented to and considered thereby, the City Council determined that the
distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense within the City
of Chula Vista constitutes a public nuisance because it is injurious to the health, safety
and general welfaze of Chula Vista citizens;
WHEREAS, the City has the authority to regulate matters relating to municipal
affairs pursuant to its Charter in addition to the authority provided by Government Code
§ 38771 authorizing municipalities to declare public nuisances; and
WHEREAS, the City Council determined that emergency measures are warranted
given the immediate and serious threat to the public peace, health, safety and general
welfare of the community posed by Psychoactive Bath Salts and Psychoactive Herbal
Incense:
NOW, THEREFORE, the City Council of the City Of Chula Vista does, hereby,
ordain as follows:
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SECTION I. Based upon the facts described above, and other good and reliable
information presented to and considered thereby, the City Council finds, determines and
declares that:
A. The distribution of Psychoactive Bath Salts and Psychoactive Herbal
Incense withut the City of Chula Vista is a public nuisance; and
B. This ordinance is necessary as a measure for preserving the public peace,
health, safety and general welfare of the community given the immediate and serious
threat thereto posed by the distribution and use of Psychoactive Bath Salts and
Psychoactive Herbal Incense.
SECTION II. Chapter 9.24 of Chula Vista Municipal Code is hereby approved
and enacted as follows:
Chapter 9.24,
DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE
HERBAL INCENSE AND LIKE PRODUCTS A PUBLIC NUISANCE
Sections:
9.24.010 Purpose and Intent.
9.24.020 Definitions.
9.24.030 Public Nuisance.
9.24.040 Enforcement.
9.24.050 Exemption for approval by FDA or California Law.
9.24.060 Severability.
9.24.010 Purpose and Intent.
The purpose and intent of this ordinance is to address the dangers to the cortununity
posed by the distribution and use of Psychoactive Bath Salts, Psychoactive Herbal
Incense, and similar products, and to provide the City with reasonable measures to
abate the public nuisance created by such conduct.
9.24.020 Definitions.
A. Psychoactive Bath Salts are defined as follows:
1. Any crystalline or powder product that contains a synthetic chemical
compound that elicits psychoactive or psychotropic stimulant effects including but
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not limited to the following substances: 3,4-Methylenedioxymethcathinone
(Methylone), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylinethcathinone
(Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone
(Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2-
amino-l-phenyl-l-propanone (cathinone) or any derivatives, synthetic substances
and their isomers with similar chemical structure or any chemical alteration of these
compounds which exhibit the same effects and/or any other substantially similar
chemical structure or compound.
2. Psychoactive Bath Salts aze commonly marketed under the following trade
names: Bliss, Blizzazd, Blue Silk, Bonzai Grow, Chazge Plus, Chazlie, Cloud Nine,
Euphoria, Humcane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst,
Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopazd,
Stardust, Vanilla Sky, White Dove, White Night and White Lightning but maybe
marketed under other trade names and contain a common disclaimer that these
products are "not safe for human consumption."
3. Psychoactive Bath Salts do not include normal, standard bath salts that do
not contain synthetic chemical compounds listed above that elicit psychoactive or
psychotropic stimulant effects. Standard bath salts primarily contain magnesium
sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking
soda), sodium hexametaphosphate (Calgon, amorphous/glassy sodium
metaphosphate), sodium sesquicazbonate and borax.
B. Psychoactive Herbal Incense is defined as follows:
1. Any organic product consisting of plant material that contains a synthetic
chemical compound that elicits psychoactive or psychotropic euphoric effects
including but not limited to the following: any synthetic cannabinoid compound
that contains 1-pentyl-3-(1-naphthoyl) indole (JWH-018), 1-butyl-3-(1-
naphthoyl)indole (JWH-073), 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200), 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol,
(CP-47,497), 5-(1,1-dimethyloctyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol,
(cannabicyclohexanol; CP-47, 497 C8 homologue) or any derivatives, synthetic
substances and their isomers with similaz chemical structure or any chemical
alteration of these compounds which exhibit the same effects and/or any other
substantially simile chemical structure or compound.
2. Psychoactive Herbal Incense products are commonly mazketed under the
following names: K2, K3, Spice, Genie, Smoke, Pot-Poem, Buzz, Spice 99,
Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Slue,
Stinger, Serenity, Fake Weed, Black Mamba, but may be marketed under other
trade names and contain a common disclaimer that these products are "not safe for
human consumption:'
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3. Psychoactive Herbal Incense does not include normal, standard incense
that are sold as incense sticks, oils or cones that are commonly used for their
aromatic qualities that do not contain any synthetic chemical compounds listed
above that elicit psychoactive or psychotropic euphoric effects:
C. "Distribute", "distributing" or "distribution" means and covers the following
activity: to offer for sale, distribute, furnish, gift, transfer, exchange or give, to
any person and each transaction of those natures made by any person, whether
as principal, proprietor, agent, servant, or employee,
D. "Person" means any iridividual, corporation, business trust, estate, tntst,
partnership or association, or any other entity responsible for "distributing"
Psychoactive Bath Salts and Psychoactive Herbal.
9.24.30 Public Nuisance.
A. It is a public nuisance for any person to distribute Psychoactive Bath Salts and
Psychoactive Herbal Incense within the City of Chula Vista.
B. It is a public nuisance for any person to distribute any product or substance
represented as or designed to resemble Psychoactive Bath Salts and
Psychoactive Herbal Incense within the City of Chula Vista. Indications of
distribution of substances represented as or designed to resemble Psychoactive
Bath Salts and Psychoactive Herbal Incense shall include, without limitation, on
or more of the following: the manner in which such substances aze packaged,
branded, described, marketed and/or portioned.
C. It is a public nuisance for any person to allow the distribution of Psychoactive
Bath Salts and Psychoactive Herbal Incense on property owned, controlled or
managed by such person within the City of Chula Vista.
D. Merely disclaiming these products as "not safe for human consumption" will
not avoid the application of this ordinance.
E. These declazations of public nuisance are based upon the declaration, findings
and determinations by the City Council contained in Ordinance No.
adopted by the City Council on November 1, 201 I.
9.24.040 Enforcement.
In addition to the procedures and remedies for enforcement listed Chapter 1.30
"Abatement of Public Nuisance" the City Attorney may file a civil action seeking
an injunction to obtain compliance for the abatement of this public nuisance, and
any other civil procedure cause of action and remedy the City Attorney deems
appropriate for abatement including but not limited to seeking an order or warrant
fo confiscate Psychoactive Bath Salts or Psychoactive Herbal Incense.
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9.24.050 Exemption for approval by FDA or California Law.
This chapter shall not apply to drugs or substances lawfully prescribed or to
intoxicating chemical compounds which have been approved by the federal Food
and Drug Administration or which are specifically permitted by Califomia law.
9.24.060 Severability.
This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declazed by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the chapter as a whole, or
any portion thereof other than the section so declared to be unconstitutional or
invalid.
SECTION III. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
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Chance Hawkin
Deputy City Attorney
Approved as to form by
Glen Googinsz
City Attorney
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