HomeMy WebLinkAboutOrd 1999-2779ORDINANCE NO. 2779
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTIONS 9.16.021 THROUGH 9.16.026 TO THE CHULA
VISTA MUNICIPAL CODE RELATED TO SALES OF
PRODUCTS CONTAINING EPHEDRINE.
The City Council of the City of Chula Vista does ordain as follows:
SECTION h That Sections 9.16.021 through 9.16.026 are hereby added to Chapter 9.16 of
the Chula Vista Municipal Code.
9.16.021 Purpose.
The City Council for the City of Chula Vista finds and declares that: In addition
to its legal uses, ephedrine is used in the illegal manufacture of
methamphetamine, and illicit drug manufacturers extract ephedrine from
various over-the-counter products containing as an ingredient ephedrine or
pseudoephedrine.
Southern California generally and San Diego County specifically have become
known to narcotics officers and drug enforcement agencies for their high
incidence of illicit manufacture, sale and use of methamphetamine.
There is a current and immediate threat to the public health, safety and
welfare in that the manufacture, processing, transportation, possession and
sales of illicit narcotics and drugs are inherently dangerous. The chemicals,
compounds, substances, byproducts, and wastes associated with the
manufacture of illicit narcotics and drugs are both dangerous and injurious to
health, welfare and safety of the citizens of the City of Chula Vista.
There has been an increase in the sales, thefts and possession of over-the-
counter products that contain as an ingredient ephedrine, pseudoephedrine,
ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephed rine
sulfate, as well as other products associated with the manufacture of
methamphetamine.
The reasonable limitations found in this section pertaining to the quantity of
products containing ephedrine which may be sold to or purchased by a
customer within a 24 hour period will assist the City of Chula Vista in its efforts
to combat the insidious criminal methods of illegal methamphetamine
manufacturers. However, these limitations will not unduly restrict legitimate
businesses or customers from selling or buying these products for legal
purposes.
9.16.022 Definitions.
For purposes of this section, the below terms are defined as follows:
a. "Count" means the number of pills, tablets, capsules or individual units of a
substance contained within an individual package.
Ordinance 2779
Page 2
"Customer" means any person who purchases or acquires products from any
retail store.
"Ephedrine" means any drug, substance or compound, whether legal or illegal,
that contains ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, or pseudoephedrine sulfate.
"Package" means any bottle, box, blister pack or other container in which
products containing ephedrine are sold.
"Person" has the same meaning as found in Chula Vista Municipal Code
Section 1.04.010.
"Retail Store" means any single geographic location of any business,
company, corporation, person, employee or associate that sells products to
any customer. It does not include any wholesaler engaged in a wholesale
transaction.
"Sell" means to furnish, give away, exchange, transfer, deliver, surrender,
distribute, or supply, whether or not for monetary gain or other consideration.
"Wholesaler means one whose business is the selling of goods in gross to
retail stores for purposes of resale.
9.16.023 Limitations on the Sale or Purchase of Ephedrine Products.
Make it unlawful for any person during a single transaction to sell to a
customer more than three packages of products containing ephedrine.
Make it unlawful for any person within a 24-hour period to knowingly sell to a
customer more than three packages of products containing ephedrine.
Make it unlawful for any person during a single transaction to sell to a
customer products containing ephedrine where the total count exceeds 100.
Make it unlawful for any person within a 24-hour period to knowingly sell to a
customer products containing ephedrine where the total count exceeds 100.
Make it unlawful for any customer within a 24-hour period to purchase or
acquire more than three packages of products containing ephedrine.
Make it unlawful for any customer within a 24-hour period to purchase or
acquire products containing ephedrine where the total count exceeds 100.
9.16.024 Separate Violation for Each Incident.
Each incident in violation of Section 9.16.023(a) through 9.16.023(f) shall constitute
a separate offense.
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Page 3
9.16,025 Enforcement Procedure.
Upon any violation of Section 9.16.023(a) through 9.16.023(f), a Peace Officer may
issue a citation to any person or customer. If cited the person or customer shall appear
in court as directed in the citation·
9.16.026 Penalties.
Violations of Section 9.16.023(a) through 9.16,023(f) shall be punished in accordance
with Chapter 1.20 of the Chula Vista Municipal Code.
SECTION Ih This ordinance shall take effect and be in full force and effect on the
thirtieth day after its second reading and adoption.
SECTION IIh Severability. If any sections, subsection, sentence, clause, phrase or
portion of this ordinance is held invalid or unconstitutional for any reason by any court or
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions.
Presented by
Richard P. Emerson
Police Chief
Approved as to form by
ny
·/' Orn
Ordinance 2779
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of May, 1999, by the foUowing vote:
AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA ) -
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2779 had its first reading at a regular meeting held on the 4th day of May,
1999 and its second reading and adoption at a regular meeting of said City Council held on
the 11th day of May, 1999.
Executed this 11th day of May, 1999.
Susan Bigelow, City Clerk