0993 ORDINANCE NO. 993 OFFICIAL RECORD
AN ORDINANCE AMENDING CHAPTER 11, OFFENSES AND
MISCELLANEOUS PROVISIONS, OF THE CITY CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED,
BY ADDING ARTICLE V, PROHIBITING THE POSSESSION,
PURCHASE, SALE AND INGESTION OF CERTAIN DRUGS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake has been provided with
documentation from competent, well recognized medical professionals and law
enforcement officials of the growing presence of a new and potentially dangerous
substance affecting the public health, safety and welfare of the citizens, particularly the
youth of the City; and
WHEREAS, in response to these warnings, the City Council has secured
information indicating that this threat is presented in the form of retail products sold or
distributed as a mixture of dried vegetation that when covered or mixed with certain
specific chemicals, produces the physiological and psychological effects of a controlled
substance such as marijuana; and
WHEREAS, such substances are competently reported to cause hallucinations,
vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor,
numbness and tingling, disorientation, Toss of time awareness and, in some cases,
tremors and seizures as documented by the National Drug Intelligence Center of the
United States Department of Justice in EWS Report 000006 issued May 18, 2010; and
WHEREAS, the medical evidence and treatment response and documentation of
these symptoms and events have been confirmed by Doctor Anthony J. Scalzo, the
Medical Director of the State of Missouri Poison Control Center in a special newsletter
alert to the medical community generated as Volume 4, Issue 1, 2010; and
WHEREAS, the substances identified above are considered to be generally
described as synthetic cannabinoids or salvia divinorum distributed, sold and marketed
under such names as "K -2 ", "K -2 SUMMIT ", "K -2 SEX ", "K -3" "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 "; and
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WHEREAS, the substances identified above have not yet been designated as
controlled substances under the laws of the State of Texas or under the laws of the
United States; and
WHEREAS, the substances described above may be marketed as incense but
are commonly being used as an alternative to marijuana which is an identified and
documented controlled substance, the sale and use of which is prohibited under the
laws of the State of Texas and the United States; and
WHEREAS, the synthetic cannabinoids substances identified above may be
presented under a variety of street names but share common ingredients including
JWH -018 and JWH -073; and
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated synthetic cannabinoids and salvia divinorum
produce a very potent, intoxicating effect which is estimated by the medical community
to produce effects ranging from three to one hundred times greater and more potent
than THC, the active ingredient in marijuana; and
WHEREAS, the substances identified above manifest all of the demonstrated
attributes of substances that deprive individuals of judgment, coordination and the ability
to conduct themselves in a safe and appropriate manner in modern society; and
WHEREAS, the available medical and law enforcement information on these
products indicates that individuals under the effects of these substances may be a clear
and present danger to themselves and others; and
WHEREAS, it is anticipated that the Texas Legislature will consider appropriate
regulation of these type of commodities in its upcoming legislative session but that it is
essential for the municipality to prohibit these products until a state wide regulatory
system may be properly implemented; and
WHEREAS, the risk posed by these substances creates a danger to the public
health and safety that must be immediately addressed by the adoption of a local
ordinance to protect the interests of the citizens of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
Chapter 11 of the City Code of Ordinances of the City of Southlake is
amended by adding Article V, Sections 11 -90 through 11 -92, to read as follows:
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ARTICLE V. PROHIBITION OF CERTAIN DRUGS
Sec. 11 -90. Definitions
For purposes of this Article.
Prohibited Smoking Material. Means any substance, however marketed, which
can reasonably be converted for smoking purposes whether it is presented as incense,
tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals
or a comparable chemical:
A. Salvia divinorum or saivinorin 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;
B. 2 -[(1 R ,3S)- 3- hydroxycyclohexyl] -5 -(2- methyloctan- 2- yl)phenol (also
known as CP47,497) and homologues;
C. 6aS,10aS) -9- (hydroxymethyl) -6,6 -d imethyl -3 -(2- methyloctan -2 -yl)
- 6a,7,10,10a- tetrahydrobenzo[c]chromen -1 -ol) (also known as HU -210 or HU -211 or
Dexanabinol);
D. 1- pentyl -3 -(1- naphthoyl)indole (also known as JWH -018, Spice or
K2);
E. 1- butyl -3 -(1- naphthoyl)indole (also known as JWH -073); or
F. 1- pentyl -3 -(4- methoxynaphthoyl)indole (also known as JWH -081);
or
G. N- benzylpiperazine commonly known as BZP;
H. 1- (3- [trifluoromethylphenyl]) piperazine commonly known as
TFMPP;
I. Any other synthetic cannabinoid; or
J. 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 had no other apparent legitimate purpose for consumers.
Sec. 11-91. Possession, Purchase, Sale or Ingestion of Prohibited
Smoking Material
It shall be unlawful to use, possess, purchase, sell, gift, barter, publically display
for sale, or attempt to sell, gift or barter a Prohibited Smoking Material within the city
limits of the City of Southlake.
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Sec. 11.92. Defenses to Prosecution
(a) It shall be a defense to prosecution for a violation of section 11.91 if
the use of the prohibited smoking material is at the direction or under a prescription
issued by a licensed physician or dentist authorized to prescribe controlled substances
within the State of Texas.
(b) It shall be a defense to prosecution for a violation of section 11.91 if
an individual charged with a violation can provide proper and complete historic
documentation that the use of such materials is a portion of a religious undertaking or
activity of a religious denomination in which they have long standing historic
membership supported by documentation from clergy or spiritual leader recognized by
the State of Texas.
Secs. 11- 93- 11 -99. Reserved.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the City
Code of Ordinances, City of Southlake, as amended, except where the provisions are in
direct conflict with the provisions of other ordinances, in which event the conflicting
provisions of the other ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects, refuses
or fails to comply with, or who resists the enforcement of any provision of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of the City Code of Ordinances, City of Southlake, or
any other ordinances prohibiting the possession, purchase, sale and ingestion of
Prohibited Smoking Material which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the court.
SECTION 6.
The City Secretary of the City of Southlake is hereby directed to publish caption,
penalty clause, and effective date clause in the official newspaper at least once within
ten (10) days after the passage of this ordinance.
SECTION 7.
This ordinance shall be in full force and effect ten (10) days from and after its
passage as provided by law, and it is so ordained.
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PASSED AND APPROVED ON FIRST READING ON THIS 7th DAY OF
December, 2010
4 p „It 0
MAYOR
ATTEST:
CITY SECRETAR v
PASSED AND APPROVED ON SECOND READING ON THIS 5th DAY OF
January, 2011. c m e e t i T b e e n 14-11,117132.10)1 alas ZippEDVee6 a l-tez I77Kt�I19 //J.
4111) 10 40
MAY • R
ATTEST'
CITY SECRETA�W
EFFECTIVE: 1 7 -11
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Customer ID: CIT57
-.:'- Invoice Number: 313356561
Invoice Date:
Terms:
DEC 2 9 2010 Due Date:
,� F.�,�1.. PO Number:
`, �� ''� Order Number:
Sales Rep:
Description:
Publication Date:
12/3/2010
Net due in 21 days
12/31/2010
21100072.
31335656
073
CITY OF SOUTHLA
12/3/2010
CITY OF SOUTHLAKE
CITY (
Notice is hereby given by the City I3580
Council of the City of Southlake,
1 47 47 LINE $814.34
$17.33
Texas, that a public hearing will be
held on December 21, 2010, at 5:30
Sales I
Wm. or immediately the
ork Session, during the Regular
($743.97)
City Council meeting to be held in
M1SC F
the City Council Chambers of Town
Hall, 1400 Main Street, Southlake,
$10.00
Texas. Purpose of the public hearing
is to consider the second reading
of the following ordinance:
i
ORDINANCE N0. 993
AN ORDINANCE AMENDING CHAP-
TER 11, OFFENSES AND MISCEL-
LANEOUS PROVISIONS, OF THE
Net Amount: %%11111101q $80.37
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CITY CODE OF ORDINANCES OF
THE CITY SOUTHLAKE,DIN TEXAS,
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AS AMENDED, BY ADDING ARTI-
CLE V, PROHIBITING THE POS-
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SESSION, PURCHASE, SALE AND
INGESTION OF CERTAIN DRUGS;
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PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE
EOF
ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PRO-
VIDING A PENALTY FOR VIOLA-
OF a
'i
TIONS HEREOF; PROVIDING A
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CPI
SAVINGS CLAUSE; PROVIDING
FORPUBLICATION IN THE OFFI-
THE
CIAL NEWSPAPER; AND PROVID-
ING AN EFFECTIVE DATE.
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SECT ON 4.
Any person, firm or corporation who
violates, disobeys, omits, neglects,
Befoi
refuses or fails to comply with, or lun and State, this
who resists the enforcement of any tY
y p y appeared
day personally eared Deborah Baylor Norwood, Bid and Legal Coordinator for
the S
that t
provision of this ordinance shall be agram, Inc. at Fort
fined not more than Five Hundred
Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and sa
g v p y
Dollars ($500.00) for each offense. t was published 1p4e
above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)
Each day that a violation is
permitted to exist shall constitute
a separate offense.
City of Southlake Signed_%�z��
Lori Payne
SUB:,,, .
City Secretary
n,.�� .-o,���-�-Q� qE, THIS Saturday,
Decke/,l 1, 2010.
Notary
Thank You For Your Payment
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