HomeMy WebLinkAboutOrd 2000-2813-A-- ORDINANCE NO. 2813-A
AN EMERGENCY ORDiNANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADDING SECTIONS 9.16.027
THROUGH 9.16.032 TO THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE POSSESSION OF CLONAZEPAM
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: Sections 9.16.027 through 9.16.032 are hereby added to Chapter 9.16 of the Chula
Vista Municipal Code to read as follows:
9.16.027 Purpose.
The City Council of the City of Chula Vista finds and declares the following:
a. In addition to its legal uses, adults and juveniles are abusing
clonazepam to become intoxicated and/or to facilitate sexual assault.
b. There are reports of clonazepam being used to facilitate sexual
assault.
c. There is a current and immediate threat to the public safety and
welfare, in that the use ofclonazepam by juveniles is increasing at an
alarming rate in the City due to its easy access, low price and
powerful effect.
d. Currently there is no law that prohibits mere possession of
clonazepam without a valid prescription in that the passage of Health
and Safety Code section 11375 (Possession for Sale or Sale of
Designated Controlled Substances) during the 1984 Legislative
Session had the unintended legal effect of making simple possession
of several substances including clonazepam legal.
9.16.028 Definitions.
For the purposes of this section, the below terms are defined as follows:
a. "Clonazepam" means any drug, substance or compound, whether
legal or illegal, that contains clonazepam as described in Califomia
Health and Safety Code section 11057(d)(6).
9.16.029 Possession without valid prescription prohibited.
Ordinance 2813-A '
Page 2
Except as authorized by law and as otherwise provided in subdivision (b) or Article 7
(commencing with Section 4211 ) of Chapter 9 of Division 2 of the Business and Professions Code,
it is unlawful for any person to possess clonazepam or any substance that contains clonazepam
without a valid prescription.
9.16.030 Enforcement Procedure.
The City Attorney and the Chief of Police are authorized to administer and enforce the
provisions of this section.
9.16.031 Penalties.
Violations of Section 9.16.029 shall be punished in accordance with Chapter 1.20 of the
Chula Vista Municipal Code.
9.16.032 Strict Liability Offense.
Violations of this section shall be treated as a strict liability offense regardless of intent.
SECTION II: This emergency ordinance shall take effect and be in full force and effect on the day
of its adoption by the City Council.
Presented by
Richard P. Emerson
Police Chief
Approved as to form by
~' M. Kaheny
~;tyAttomey
Ordinance 2813 -A
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11m day of July, 2000, by the following vote:
AYES:
NAY S:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, Moot, Padilla, Salas and Hotton
None
None
ATTEST:
Shirley H~ion,/~or
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Emergency Ordinance No. 2813 -A had its reading and adoption at a regular meeting held on the 11 th
day of July, 2000.
Executed this 11th day of July, 2000