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ORD 2011-19 - Ban On K-2 (Drug) Amend Ch. 22 [02-01-2011]ORDINANCE NO. 2011-19 AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER 22 "HEALTH AND SANITATION ", BY ADDING TO ARTICLE III, "RULES FOR ON -SITE SEWAGE FACILITIES" A NEW SUBSECTION 22 -114; AND BY ADDING A NEW ARTICLE IV ENTITLED "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA "; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Huntsville Code of Ordinances, Chapter 22 "Health and Sanitation" provides for the health, safety and public welfare of the City's residents: WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 22 by adding a new Article IV to be entitled "Illegal Smoking Products and Illegal Smoking Paraphernalia" and appropriate subsections to help promote the health, safety and welfare of its residents; WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 22 "Health and Sanitation ", Article III, is amended by adding a new section 22 -114 as provided below: "Sec. 22 -114. Sections 22 -114 thru 22 -130 are reserved." SECTION 3: Huntsville Code of Ordinances Chapter 22 "Health and Sanitation" is amended by adding a new Article IV as provided below; Article IV: "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA"; Sec. 22 -131. Definitions (a) "Illegal Smoking Paraphernalia" shall mean any equipment, product, object, or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including: i. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; ii. a water pipe; iii. a carburetion tube or device; iv. a smoking or carburetion mask; V. a chamber pipe; vi. a carburetor pipe; vii. an electric pipe; viii. an air - driven pipe; ix. a chilhim; X. a bong; or xi. an ice pipe or chiller. (b) "Illegal Smoking Product" shall mean any plant or other substance, including any plant or other substance that fits the definition of provided by Section 481.002(16) of the Health and Safety Code whether described as herbs, incense„ spice, or;other substance including any blend thereof: including but not limited to a blend that fits the def€nitions, provided by Section 482.001 Qjf4} under any of the Marketed Names of Illegal Smoking Products, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following substances or chemicals: (i). Salvia divinorum or salvinorin 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 or similar structural analogs; (iv); (v). 2- [(K3S )-3 -1 ydroxycyclohexyB- 5- (2- methylp -2 yl )phenol (also known as CP47,497) and homologues or similar structural analogs; 6aS, l OaS} 9-( hydroxymethyl }6,6- dimethyl- 3 {2- methylodw 2- yl}6a, 7,10,10x- teirahydrobenzo[cjchromen -l-ol (also known as HU -211 or Dexanabinol) or similar structural analogs; 1- pentyl- 3- (1- naphthoyl)indo1e (also known as JWH -018) or similar structural analogs; 1- butyl- 3- (1- naphthoyl)indole (also known as JWH -073) or similar structural analogs; (A). 1- pentyI- 3- (4- methoxynaphthoyl)indole (also known as JWH -081) or similar structural analogs. (c) "Marketed Names of Illegal Smoking Products" Illegal Smoking Products containing some or all of the above substances currently marketed under the following commercial names: (i) K. - 2, K - 2 Summit, K - 2 Sex, Genie, Dascents, Zohai, Sage, Spice, KO Knock Out 2, Spice Gold, Spice Diamond, Yucatan Fire, Solar Flare, Pep Spice, Fire N` Ice, and Salvia Divinorum. (d) 'Person" I shall mean an individual, corporation; partnership, wholesaler, retailer, orany licensed or unlicensed business. Sec. 22-132. Offenses (a) It shall be unlawful for any person to use; possess, purchase, barter, give, deliver, publicly display, sell, or offer for sale any Illegal Smoking Product (b) It shall be unlawful for any person to use or possess any Illegal Smoking Paraphernalia with the intent to inject, ingest, inhale, or otherwise introduce into the human body an Illegal Smoking' Product (c) Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this Ordinance, regardless of whether the product is marketed under names other than those listed above. Sec. 22 -133. Affirmative Defenses (a) It shall be an affirmative defense for a person charged with an offense for possession or use of an Illegal Smoking Product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. (1,) It shall be an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose: (c) In the possession of or being used by a governmental entity for a health purpose, research and education, or a similar program. Sec. 22-134. Penalty That any person, firm, or corporation violating any of provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense." SECTION 4: . All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.. SECTION 5: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 6: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas. First Reading Date: January 18, 2011 PASSED AND APPROVED on the Second Reading on this the 1' day of February 2011. PUBLISHER'S AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS, County of Walker I, Dennis Garrison, of the aforsaid County and State, do solemnly swear that I am publisher of The Huntsville Item, a daily newspaper of general circulation which has been continuously and regularly published at Huntsville, Walker County, Texas, and is a legal newspaper and the attached notice was published in said newspaper. City of Huntsville 2 consecutive/subsquent dates previous to the return day therof to wit: On 4 -Feb 2011 On 6 -Feb 2011 On 2011 On 2011 On 2011 On 2011 ,O „ C-- Publisher Subscribed and sworn to this 7th (Seal) day of Feb 2011 Notary Public, Walker County, Texas NINA HANSEN My Commission Expires January 27, 2013 Lee Woodward From: Sent: To: Subject: nina hansen [nina2hansen@yahoo.com] Wednesday, February 02 2011 1:01 PM Lee Woodward Re: Legal notice Thank Lee, I've got it. And yes, I can put Lee K2 Ord on the statement. Is Friday, Feb 4 and Sun Feb 6 okay with you? Nina at the Item -- On Wed, 2/2/11, Lee Woodward <LWoodwardnahuntsvilletx.Arov> wrote: From: Lee Woodward <LWoodward@huntsvilletx.gov> Subject: Legal notice To: "nina hansen" <nina2hansen@yahoo.com> Cc: "Frances Hurd" <FHurd@huntsvilletx.gov>, "Kevin Lunsford" <KLunsford@huntsvilletx.gov> Date: Wednesday, February 2, 2011, 12:56 PM Good morning! Could you please run this caption twice on or before Friday, Feb. 11? Also, could you please put "Lee — K-2 Ord." as a notation to come on the invoice? Thank you! AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER 22 "HEALTH AND SANITATION", BY ADDING TO ARTICLE III, "RULES FOR ON-SITE SEWAGE FACILITIES" A NEW SUBSECTION 22-114; AND BY ADDING A NEW ARTICLE IV ENTITLED "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA"; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. Passed by the City Council of Huntsville on February 1, 2011, and will take effect on Friday, February 11, 2011. Lee Woodward, City Secretary Thank you! Lee Woodward City Secretary City of Huntsville 936-291-5403 Iwoodward(a7huntsvilletx.gov Lee Woodward From: Lee Woodward Sent: Wednesday, February 02, 2011 11:57 AM To: 'nina hansen' Cc: Frances Hurd; Kevin Lunsford Subject: Legal notice Good morning! Could you please run this caption twice on or before Friday, Feb. 11? Also, could you please put "Lee — K-2 Ord." as a notation to come on the invoice? Thank you! AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER 22 "HEALTH AND SANITATION", BY ADDING TO ARTICLE III, "RULES FOR ON—SITE SEWAGE FACILITIES A NEW SUBSECTION 22-114; AND BY ADDING A NEW ARTICLE IV ENTITLED "ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA"; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. 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