HomeMy WebLinkAboutAgenda Statement 1987/01/06 Item 21 COUNCIL AGENDA STATEMENT
Item 21
Meeting Date 1/6/87
ITEM TITLE:Emergency Ordinance-Amending Chapter 9 of the Municipal Code Relating
to the Sale of Chemicals Used in Producing Controlled Substances
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SUBMITTED BY: Director of V4Nc Safety (4/5ths Vote: Yes X No )
REVIEWED BY: City Manage}
Proposed additions to the Health and Sanitation Chapter of the Municipal
Code is attached for Council consideration. These amendments are designed
to govern the sales of chemicals used in the production of illegal drugs,
specifically crystal methamphetamines. The passage of this ordinance will
assist in regulations of chemical sales until October 1987, when State of
California legislation (1986 Chapter 1028) will preempt local regulations
in this area.
RECOMMENDATION: That Council authorize adoption of recommended provisions
to the Municipal Code.
DISCUSSION:
Sec. 9. 16 . 020 REPORTING SALE OF CHEMICALS.
(a) Any manufacturer, wholesaler, retailer, or other person who
sells, transfers, or otherwise furnishes any of the following
substances to any person in the City of Chula Vista shall sub-
mit a report to the Director of Public Safety of all of those
transactions:
(1) Ephedrine
(2) Pseudoephedrine
(3) Norpseudoephedrine
(4) Phenylpropanolamine
(5) Ether
(6) Hydriodic Acid
(b) (1) Any manufacturer, wholesaler, retailer, or other person
shall, prior to selling, transferring, or otherwise
furnishing any substance specified in subdivision (a)
to a person in the City of Chula Vista, require proper
identification from the purchaser.
(2) For the purposes of this subdivision, "proper identification"
means a motor vehicle operator' s license or other official
state-issued identification of the purchaser which contains
a photograph of the purchaser, and includes the residential
or mailing address of the purchaser, other than a post of-
fice box number, the motor vehicle license number of any
motor vehicle owned or operated by the purchaser, a letter
of authorization from the business for which any substance
specified in subdivision (a) is being furnished, which in-
cludes the business license number and address of the busi-
ness, a full description of how the substance is to be used,
Form A-113 (Rev. 11/79) / ?
Page 2 , Item 21
Ordinance - Amending
Chapter 9 of the Muni-
cipal Code
and the signature of the purchaser. The person selling,
transferring, or otherwise furnishing any substance speci-
fied in subdivision (a) shall affix his or her signature
as a witness to the signature and identification of the
purchaser.
(3) A violation of this subdivision is a misdemeanor.
(c) Any manufacturer, wholesaler, retailer, or other person who
sells, transfers, or otherwise furnishes the substance speci-
fied in subdivision (a) to a person in the City of Chula Vista
shall, not less than 21 days prior to delivery of the substance,
submit a report of the transaction, which includes the identi-
fication information specified in subdivision (b) , to the Director
of Public Safety. However, the Director of Public Safety may
authorize the submission of the reports on a monthly basis with
respect to repeated, regular transactions between the furnisher
and the recipient involving the same substance if the Director
of Public Safety determines that either of the following exist:
(1) A pattern of regular supply of the substance exists
between the manufacturer, wholesaler, retailer, or other
person who sells , transfers, or otherwise furnishes such
substance and the recipient of the substance.
(2) The recipient has established a record of utilization
of the substance for lawful purposes.
(d) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or
furnishes a substance upon the prescription of a physician,
dentist, podiatrist, or veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who
administers or furnishes a substance to his or her
patients.
(3) Any manufacturer or wholesaler licensed by the California
State Board of Pharmacy who sells, transfers, or otherwise
furnishes a substance to a licensed pharmacy, physician,
dentist, podiatrist, or veterinarian.
(4) Sales consistent with federal law of any proprietary
product containing substances listed in paragraphs (1) ,
(2) , (3) , (4) , (5) , or (6) of subdivision (a) .
(e) (1) Any person specified in subdivision (c) who does not sub-
mit a report as required by that subdivision or who know-
ingly submits a report with false or fictitious informa-
tion shall be punished by imprisonment in the county jail
not exceeding six months or by a fine not exceeding five
thousand dollars ($5 , 000) , or by both the fine and imprison-
ment.
Page 3, Item 21
Ordinance - Amending
Chapter g of the Muni-
cipal Code
(2) Any person specified in subdivision (c) who has previously
been convicted of a violation of paragraph (1) shall, upon
a subsequent conviction thereof, be punished by imprison-
ment in the county jail not exceeding one year, or by a
fine not exceeding one hundred thousand dollars ($100, 000) ,
or by both the fine and imprisonment.
(f) This section shall be operative until October 1, 1987 , and on
that date is repealed.
This ordinance is declared to be an ordinance necessary for
immediate preservation of the public peace, health and safety
within the meaning of section 25123 of the Government Code and
shall take effect immediately. The facts constituting such
necessity are as follows:
Ephedrine, Pseudoephedrine, Norpseudoephedrine, Phenylpro-
panolamine, Ether and Hydriodic Acid are used in the illegal
manufacture of controlled substances, and the unregulated
sales of said chemicals have contributed to the prolifera-
tion of faciltiies illegally producing controlled sub-
----- stances in San Diego County. The extent of proliferation
is illustrated by the fact that the number of methampheta-
mine facilities found by law enforcement rose from 43 in
1985 to 100 in 1986, and the amount of methamphetamines
seized by law enforcement rose from 15 , 000 grams in 1984
to 110, 000 grams in the first six months of 1986. This
had resulted in a rapid increase in the number of persons
abusing methamphetamines as illustrated by the 53% in-
crease in first-time treatment admissions of methamphetamine
users between 1984 and 1985. In addition, the facilities
illegally producing controlled substances constitute a
direct threat to the health and safety of the public due
to the flammable, explosive, corrosive and toxic nature of
the chemicals used. The Hazardous Materials Management
Unit of the County Department of Health Services has re-
sponded to over 40 public health emergencies related to
the illegal manufacture of controlled substances or the
illegal disposal of chemicals associated with such manu-
facture.
FISCAL IMPACT: N/A
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by the City Council of
Chula Vista, California
Dated ! f O