Loading...
§ 130.54 USE OF BOW AND ARROW.
   It is unlawful for any person to shoot a bow and arrow except in the physical education program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council.
(1989 Code, § 10.03, Subd. 7) Penalty, see § 130.99
SYNTHETIC OR ALTERNATIVE DRUGS
§ 130.60 PROHIBITIONS.
   A person is guilty of a violation of this subchapter if they sell, possess, transfer, or manufacture any substance or product containing any quantity of synthetic or alternative drug as defined under this subchapter.
   (A)   All substances made unlawful by this subchapter shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this subchapter.
   (B)   The substances defined in this subchapter shall not include medications or substances for which the possessing party holds a valid prescription or beer, wine, or intoxicating liquors as defined by local, state, and federal laws.
   (C)   Products commercially available and sold which have common, proven and lawful uses under local, state, and federal law shall not be deemed unlawful by this subchapter. Such examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products, etc.
   (D)   In addition to the definitions provided in this subchapter, the following additional factors shall be considered in making the determination if a substance is unlawful under this subchapter:
      (1)   Scope of legitimate uses of the product;
      (2)   Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product;
      (3)   Statements made by persons selling, possessing, and using the product;
      (4)   Availability of the product to include types and number of area businesses selling it;
      (5)   The ratio of the price of the product compared to the quantity sold; and
      (6)   The proximity of the product in relation to devices used to ingest or consume controlled substances.
(Ord. 70, passed 9-2-2014) Penalty, see § 130.99
§ 130.61 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MANUFACTURE. To complete, blend, formulate, package, repackage, or develop by any means any substance made unlawful by this subchapter.
   POSSESSION. To possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building, or other structure, whether upon public or private property.
   SALE/TRANSFER. To offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter, or to exchange to any person or entity with or without an exchange of compensation or service.
   SYNTHETIC/ALTERNATIVE DRUG. Any of the following:
      (1)   Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant, or hallucinogenic;
      (2)   Salvia Divinorum or any substance known by this name or any version of this name;
      (3)   Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts, or any blend or combination of these, regardless of if the substance is marketed as "not for human consumption" which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior, or in any manner changes, distorts, or disturbs the auditory, visual, or mental process;
      (4)   Any substance defined in subsequent portions of this subchapter;
      (5)   Any substance which has a stimulant, depressant, psychedelic, psychotropic, or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or
      (6)   Any substance marked or packaged under any name listed in Appendix A attached to Ordinance 70, passed September 2, 2014.
   SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT.
      (1)   A natural or man-made substance that elicits psychoactive or psychotropic euphoric effects, or a natural or man-made compound that functions similar to the active ingredient in marijuana (tetrahydrocannabinol "THC") including, but not limited to any quantity of a synthetic material, mixture, preparation, substance, and then analogs (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
         (a)   2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
         (b)   3-(1-naphthoyl) indole or 3-(1-naphthylmethane) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
         (c)   3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
         (d)   1-(1-naphthylmethylene) indene by substitution of the 3-positon of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
         (e)   3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substitution on the phenyl ring to any extent.
         (f)   5-(1, 1-dimethylheptyl)-2-[1R, 3S)-3-hydroxycyclohexyl]-phenol (CP-47,497).
         (g)   5-(1, 1 dimethyloctyl)-2-[lR, #S)-3-hydroxycycloheyl] phenol (cannabicyclohexanol or CP-47, 497 C8-homolog).
         (h)   1-pentyl-3-(l-naphthoyl)indole (JWH-018 and AM678).
         (i)   1-pentyl-3-(1-naphthoyl)indole (JWH-073).
         (j)   1-hexyl-3-(1-naphthoyl)indole (JWH-019).
         (k)   1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
         (l)   1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250).
         (m)   1-pentyl-3-[1-(4-methyl-1-naphthoyl)indole (JWH-081).
         (n)   1-penryl-3-(4-methyl-1-naphthoyl)indole (JWH-122).
         (o)   1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398).
         (p)   1-(5-flouropentyl)-3-(l-naphthoyl)indole (AM2201).
         (q)   1-(5-fluoropentyle)-3(2-iodobenzoyl)indole (AM694).
         (r)   1-pentyl-3-[(4-methoyxy)-benzoyl]indole (SR-19 and RCS-4).
         (s)   1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8).
         (t)   1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
      (2)   Herbal smoking products, despite their labeling, are commonly identified by being sold in small packets containing natural or man-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy, etc., sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, such projects are unlawful.
      (3)   SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are "not safe for human consumption," "novelty item," or similar disclaimer. Refer to Appendix A of Ordinance 70, passed September 2, 2014, for a listing of commercial names commonly used to advertise and portray these substances.
      (4)   SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils, or cones that is commonly used for aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
   SYNTHETIC PSYCHEDELICS/HALLUCINOGENS.
      (1)   A substance that mimics the effects of any federally or state controlled substance, including but not limited to, any natural or man-made substance, compound, mixture, preparation, or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including but not limited to the following:
         (a)   2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
         (b)   2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
         (c)   2-(4-Chloror-2,5-dimethoxyphenyl)ethanamine (2C-C).
         (d)   2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
         (e)   2-[(4-Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).
         (f)   2-[(4-Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).
         (g)   2-[2,5-Dimethoxyphenyl]ethanamine (2C-H).
         (h)   2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).
         (i)   2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
      (2)   SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, despite their labeling, are commonly identified by being sold in small packets, tubs, or vials and are often in tablet, capsule, and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, such products are unlawful.
      (3)   SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are "not safe for human consumption," "novelty item," or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to Appendix A attached to Ordinance 70, passed September 2, 2014, for a listing of commercial names commonly used to advertise and portray these substances.
      (4)   Salvia Divinorum/Salvinorum means all parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts.
   SYNTHETIC STIMULANT.
      (1)   A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal, or granular form, including but not limited to the following:
         (a)   3,4-Methylenedioxymethcathinone (Methylone).
         (b)   3,4-Methyenedioxpyrovalerone (MDPV).
         (c)   4-Methymethcathinone (Mephedrone).
         (d)   4-Methoxymethcathinone (Methedrone).
         (e)   4-Fluoromethcathinone (Flephedrone).
         (f)   3-Fluoromethcathinone (3-FMC).
         (g)   Naphthylpyrovalerone.
         (h)   2-amino-1phenyl-1-propanone (Cathinone).
      (2)   SYNTHETIC STIMULANTS, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant, etc., and are usually powder or granular in form, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this subchapter, such products are unlawful.
      (3)   SYNTHETIC STIMULANTS, often referred to as "Bath Salts," are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are "not safe for human consumption," "novelty item," or similar disclaimer. Refer to Appendix A attached to Ordinance 70, passed September 2, 2014, for a listing of commercial names commonly used to advertise and portray these substances.
      (4)   SYNTHETIC STIMULANTS, as defined in this subchapter, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemical compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate, and borax.
(Ord. 70, passed 9-2-2014)
§ 130.99 PENALTY.
   (A)   Every person violates a section, division, paragraph or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, fails to act when the failure is thereby prohibited or declared unlawful, performs an act prohibited or declared unlawful or fails to act when the failure is prohibited or declared unlawful by a code adopted by reference by this chapter, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
   (B)   (1)   Whereas the city deems synthetic and alternative drugs dangerous and detrimental to the citizens, guests, and fabric of the community of the city, it bans the sale, possession, transfer and/or manufacturing of synthetic drugs or alternative drugs. Every person violates a section, division, paragraph, or provision of §§ 130.60 or 130.61 when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
      (2)   In addition to division (B)(1) above, a civil penalty of each offense shall be as follows: $100 for the first offense; $300 for the second offense; $500 for the third offense; $800 for the fourth offense; and $1,000 for every offense thereafter.
(1989 Code, § 10.99) (Ord. 70, passed 9-2-2014)