HomeMy WebLinkAboutOrd 1987-2186ORDINANCE NO. 2186
AN EMERGENCY ORDINANCE AMENDING THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE SALE OF CHEMICALS
USED IN PRODUCING CONTROLLED SUBSTANCES
WHEREAS, the City Council may, pursuant to Section 311(d)
of the City Charter, declare an emergency ordinance for preserving
the public peace, health, safety or welfare of the public.
The City Council of the City of Chula Vista does ordain as
follows:
SECTION I: Section 9.16.020 is hereby added to the Chula
Vista Municipal Code to read as follows:
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
submit a report to the Director of Public Safety of all of those
transactions:
(1
(2
(3
(4
(5
(6
(b
person shall,
Ephedrine
Pseudoephedrine
Norpseudoephedrine
Phenylpropanolamine
Ether
Hydriodic Acid
(1) Any manufacturer, wholesaler, retailer, or other
prior to selling, transferring, or otherwise
furnishing any substance specified in subdivision (a) to any person
in the Chula Vista City 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 office 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 includes the business license number and
address of the business, a full description of how the substance is
to be used, and the signature of the purchaser. The person selling,
transferring, or otherwise furnishing any substance specified in
subdivision (a) shall affix his or her signature as a witness to the
~ignature and identification of the purchaser.
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(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
specified in subdivision (a) to a person in the City of Chula Vista
shall, not less than 21 days prior to delivery of the substance,
suDmit a report of the transaction, which includes the
identification information specified in subdivision (b), to the
Director of Safety. However, the Director of 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 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:
sells or
dentist,
(1) Any pharmacist or other authorized person who
furnishes a substance upon the prescription of a physician,
podiatrist, or veterinarian.
(2) Any physician, dentist,
veterinarian who administers or furnishes
patients.
podiatrist, or
a substance to his or her
(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
(2), (3), (4), (5), or (6) of subdivision (a).
(1),
(e) (1) Any person specified in subdivision (c) who does
not submit a report as required by that subdivision or who knowingly
submits a report with false or fictitious information 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 imprisonment.
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(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 imprisonment 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.
Section II. 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.
The facts constituting such necessity are as follows:
Ephedrine, Pseudoephedrin, Norpseudoephedrine,
Phenylpropanolamine, Ether, and Hydriodic Acid are used in the
illegal manufacture of controlled substances, and the unregulated
sales of said chemicals have contributed to the proliferation of
facilities illegally producing controlled substances in San Diego
County. The extent of proliferation is illustrated by the fact that
the number of methamphetamine 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 has
resulted in a rapid increase in the number of persons abusing
methamphetamines as illustrated by the 53 percent increase in
first-time treatment admissions of methamphetamine users between
1984 and 1985. In addition, the facilities illegally producing
~ontrolled 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.
Section III. Pursuant to Section 311 of the Chula Vista
City Charter, the City Council hereby declares that this ordinance
shall be effective immediately as an emergency ordinance.
Presented by
ector of
Public Safe
Approved as to form by
Attorney ~
2336a
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FIRST READ AT A REGULAR MEETING OF
t f OF CHULA VISTA, CALIFORNIA, HELD January 6 , 19 __
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD
19 87 , BY THE FOLLOWING VOTE, TO-WIT:
AYES: Councilmen: Malcolm, McCandliss,
NAYES: Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen I None
THE CITY COUNCIL OF THE
87 AND
January
ATTEST
Cox, Moore, Nader
/~of t~/~'C'ity~of Chulo Vista
6
S,.,,E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
ORDINANCE NO, 2186 ,and that the some has not been amended or repealed.
DATED
City Clerk
Crff OF
CHULA VISTA
CC-660