Item 6HCITY OF
SOUTH LAKE
MEMORANDUM
December 9, 2010
TO: Shana Yelverton, City Manager
FROM: Robert Finn, Chief of Police
SUBJECT: Ordinance No. 993, 2nd Reading, Amend Chapter 11, Offenses and
Miscellaneous Provisions of the City Code of Ordinances, as amended,
by adding Article V, prohibiting the possession, purchase, sale and
ingestion of certain drugs.
Action Requested: Consider adopting Ordinance 993 to amend Chapter 11,
Offenses and Miscellaneous Provisions of the City Code
of Ordinances by adding Article V, prohibiting the
possession, purchase, sale, and ingestion of certain
drugs.
Background
Information: The City of Southlake has consistently responded pro-
actively to matters involving the protection of human
health and welfare. Well recognized medical
professionals and law enforcement officials have become
aware 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. This substance is synthetic cannabis which 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.
These substances are reported to cause hallucinations,
vomiting, agitation, panic attacks, tachycardia, elevated
blood pressure, pallor, numbness and tingling,
disorientation, loss 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. There is also clear medical evidence and
treatment response and documentation of these
symptoms and events which have been confirmed by
Doctor Anthony J. Scalzo, the Medical Director of the
State of Missouri Poison Control Center in a special
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Ordinance 993
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newsletter alert to the medical community generated as
Volume 4, Issue 1, 2010.
The substances identified above are 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 ".
These substances have not yet been designated as
controlled substances under the laws of the State of
Texas or under the laws of the United States. Currently
pre -bills have been filed in the Texas Legislature; the
passage of this Ordinance will also provide local support
for banning these substances statewide. The bills are
H.B. 49 and H.B. 108.
The proposed Ordinance will make it 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 with
a fine of not more than Five Hundred Dollars ($500.00)
imposed for each offense.
The proposed Ordinance also has the following defenses
defined:
• 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.
• 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.
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Ordinance 993
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Financial
Considerations: None
Financial Impact: None
Citizen Input/
Board Review: This Ordinance is supported by Carroll ISD
Administrators, SPARK, and local Legislators. Council
approved 7 -0 on consent during the December 7, 2010
City Council meeting.
Legal Review: The City Attorney reviewed and drafted the proposed
amendments to the Code of Ordinances.
Alternatives: Alternatives may include the following:
• The City Council can adopt the proposed Ordinance.
• The City Council can choose not to adopt the
proposed Ordinance.
• The City Council could amend and adopt an amended
version of the proposed Ordinance.
Supporting
Documents: Supporting documents include the following items:
• Ordinance 993
Staff
Recommendation: Staff recommendation to City Council is to adopt
Ordinance 993 to amend Chapter 11, Offenses and
Miscellaneous Provisions of the City Code of Ordinances
by adding Article V, prohibiting the possession, purchase,
sale, and ingestion of certain drugs.
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Ordinance 993
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ORDINANCE NO. 993
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, loss 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
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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
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;
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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:
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 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;
B. 2 -[(1 R,3S)- 3- hydroxycycl ohexyl] -5 -(2- methyloctan- 2- yl)phenol
(also known as CP47,497) and homologues;
C. 6aS,10aS) -9 -( hydroxymethyl ) -6,6- dimethyl -3 -(2- methyloctan -2-
A
- 6a, 7, 10, 10a- tetrahydrobenzo[c]chromen -1 -ol) (also known as HU -210 or HU -211 or
Dexanabinol);
or K2);
081); or
D. 1- pentyl- 3- (1- naphthoyl)indole (also known as JWH -018, Spice
E. 1- butyl- 3- (1- naphthoyl)indole (also known as JWH -073); or
F. 1- pentyl- 3- (4- methoxynaphthoyl)indole (also known as JWH-
G. N- benzylpiperazine commonly known as BZP;
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TFMPP;
H. 1 -(3- [trifluoromethylphenyl]) piperazine commonly known as
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.
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.
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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.
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
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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.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2010
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY
OF , 2010.
MAYOR
ATTEST:
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CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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