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ORDINANCE TO BE CONSIDERED FOR APPROVAL BY CITY COUNCIL AT THE SEPTEMBER 7, 2010 MEETING

ORDINANCE NO. 2010-07

AN ORDINANCE OF THE CITY COUNCIL OF BRIDGE CITY, TEXAS, RELATING TO THE POSSESSION, USE AND SALE OF SYNTHETIC CANNABINOIDS; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCES NOT TO EXCEED $500.00; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR ENFORCEMENT.

WHEREAS, it is the intent of the City Council to protect the public health, safety and welfare; and

WHEREAS, municipalities may, under their police powers, enact reasonable regulations to promote the health, safety and welfare of citizens; and

WHEREAS, Texas Local Government Code Section 51.001(1) provides that the governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule or police regulation that is for the good government, peace, or order of the municipality; and

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Bridge City, Texas, that:

The City Council of the City of Bridge City, Texas, having the best interest of the citizens of Bridge City in mind, believe it necessary to adopt the following ordinance and to add it to Chapter 11, Article I of the City’s Code of Ordinances:

CERTAIN SUBSTANCES BANNED
Section 1 – Possession, Sale or Ingestion of Certain Substances

A. It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following substances within the city limits of the City of Bridge City, Texas:

1. Salvia divinorum or Salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

2. (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrehydrobenzo[c]chromen-1-ol commonly known as HU-210;

3. 1-Pentyl-3-(1-naphthoyl) indole commonly known as JWH-018 Spice or K2;

4. 1 –Butyl-3-(1 naphthoyl)indole commonly known as JWH-073;

5. N-benzylpiperazine commonly known as BZP;

6. 1-(3-[trifluoromethylphenyl] piperazine commonly known as TFMPP;

7. Any other synthetic cannabinoid; or

8. any similar substance which when inhaled or otherwise ingested produces intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changes, distorts, or disturbs the auditory, visual, or mental process and the product or substance has no other apparent legitimate purpose for consumers.

B. It is not a violation of this Ordinance if a person was acting under the supervision of an authorized law enforcement officer to enforce or ensure compliance with this Ordinance.

C. It is unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest any compound, liquid or chemical listed within this Ordinance, or a similar substance for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting or disturbing the auditory, visual, or mental process.

D. This Ordinance does not apply to any person who commits any act described in this Ordinance pursuant to the direction or prescription of a licensed physician or dentist licensed by the State of Texas to direct or prescribe such act.  This Ordinance likewise does not apply to the inhalation of anesthesia for a medical or dental purpose.

Section 2 – Penalties

Any person who violates this Ordinance shall be guilty of a Class C misdemeanor punishable by a fine not less than one hundred dollars ($100.00) and not to exceed five hundred dollars ($500.00), each of such violations constituting a separate offense.

Section 3 – Repealing Clause

All ordinances or parts of ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided however that such repeal shall be only to the extent of such inconsistency and in all other respects the Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance.

Section 4 – Severability Clause

If any section, subsection, sentence, clause or phase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this Ordinance are declared to be severable.

Section 5 – Effective Date

This Ordinance shall become effective ten (10) days after its publication date, in caption form only, after its passage by the City Council of the CITY OF BRIDGE CITY, TEXAS.