HomeMy WebLinkAboutOrd 2011-3216ORDINANCE NO. 3216
EMERGENCY ORDINANCE OF THE CITY OF CHULA
VISTA ENACTING MUNICIPAL CODE CHAPTER 9.24
MAKING THE DISTRIBUTION OF PSYCHOACTIVE BATH
SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC
NUISANCE SUBJECT 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 welfare; and
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; and
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; and
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
paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions,
increased blood pressure and heart rate, renal and kidney failure; and
WHEREAS, Psychoactive Bath Salts, are in fact "designer drugs" which have been
manufactured with chemical substances that are intended to mimic and recreate the effects of
cocaine and methamphetamine which aze illegal, controlled substances under state and federal
law; and
WHEREAS, Psychoactive Herbal Incense has been falsely marketed as standazd 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 cardiac 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; and
WHEREAS, Psychoactive Herbal Incense, are in fact "designer drugs" which have been
manufactured with chemical substances that aze intended to mimic and recreate the euphoric
effects of marijuana which is an illegal, controlled substance under federal law; and
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WHEREAS, recently a local youth attending Olympian High School in Chula Vista
suffered a cardiac arrest after smoking Psychoactive Herbal Incense; and
WHEREAS, Sweetwater Union High School District recently banned Psychoactive Bath
Salts and Psychoactive Herbal Incense on school property; and
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; and
WHEREAS, the Federal Drug Enforcement Agency has used its emergency powers
under the Controlled Substances Act to declaze many of the chemical substances contained in
Psychoactive Bath Salts and Psychoactive Herbal Incense illegal; and
WHEREAS, notwithstanding the federal and state laws, there remains serious gaps in the
law that warrant further action at a local level; and
WHEREAS, Chula Vista retailers aze or should be aware of the significant ill-effects of
Psychoactive Bath Salts and Psychoactive Herbal Incense, yet some continue to sell these
dangerous products; and
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; and
WHEREAS, based upon 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
welfare of Chula Vista citizens; and
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 aze 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:
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:
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A. The distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense
within the City of Chula Vista is a public nuisance; and
B. This ordinance is necessary as an emergency 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 community 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 not limited to the
following substances: 3,4-Methylenedioxymethcathinone (Methylone), 3,4-
Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (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
Emergency Ordinance No. 3216
Page 4
structure or any chemical alteration of these compounds which exhibit the same effects
and/or any other substantially similaz chemical structure or compound.
2. Psychoactive Bath Salts aze commonly mazketed under the following trade
names: Bliss, Blizzard, 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, Stazdust,
Vanilla Sky, White Dove, White Night and White Lightning but may be 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, standazd bath salts that do not
contain synthetic chemical compounds listed above that elicit psychoactive or psychotropic
stimulant effects. Standazd bath salts primazily 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 similar chemical structure or compound.
2. Psychoactive Herbal Incense products aze commonly marketed under the
following names: K2, K3, Spice, Genie, Smoke, Pot-Pouri, Buzz, Spice 99, Voodoo,
Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity,
Fake Weed, Black Mamba, but may be mazketed under other trade names and contain a
common disclaimer that these products are "not safe for human consumption."
3. Psychoactive Herbal Incense does not include normal, standard incense that are
sold as incense sticks, oils or cones that aze 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.
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D. "Person" means any individual, corporation, business trust, estate, trust, partnership or
association, or any other entity responsible for "distributing" Psychoactive Bath Salts
and Psychoactive Herbal.
9.24.030 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 are 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 declarations of public nuisance are based upon the declaration, findings and
determinations by the City Council contained in Ordinance No. 3216 adopted by the
City Council on November 1, 2011.
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 to confiscate Psychoactive Bath Salts or
Psychoactive Herbal Incense.
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 California 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 declared 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.
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SECTION III. EFFECTIVE DATE.
This ordinance will take effect immediately as it was approved by 4/Sths of this Council as an
emergency ordinance pursuant to the City Charter based upon City Council's declaration that such
an emergency measure was necessary to protect the public peace, health, safety and general
welfaze of Chula Vista citizens.
Presented by
Approved as to form by
~~i~- ~~~~ z`
Chance Hawkins ~ % ~'"~ 7 len R. oogins ~ ( l
Deputy City Attorney Ci tt ey \~JI
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of November, 2011, by the following vote:
AYES: Councilmembers: Aguilar, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
X~F-
Cheryl Co Ma or
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3216 was passed as an emergency measure on the 1st day of November 2011.
Executed this 1st day of November, 2011.
~~~~~
Donna R. Norris, CMC, City Clerk