(A) It is hereby declared to be unlawful for any person or business to use, possess, purchase, attempt to purchase sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals within the boundaries of the City of Berne:
(1) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2- methyloctan-2-yl)phenol {also known as CP 47,497 and its C6, C8, and C9 homologues}.
(2) (6aR, 10aR)-9-(hydroxymethyl)-6, 6- dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo [c] chromen-1-01 {also known as HU-210}.
(3) Naphthalen-1-yl-(1-pentylindol-3- yl)methanone {also known as 1 Pentyl-e-(1- naphthoyl)indole or JWH-018}.
(4) Naohthalen-1-yl-(1-butlindol-3- yl)methanone {also known as 1-Butyl-3(1- naphthoyl)indole or JWH-073}.
(B) This section shall be enforced by the Berne Police Department. If any of the substances listed in division (A) herein are found in the possession of any person or business, they may be confiscated and destroyed by law enforcement officials.
(C) It is an offense under division (A) herein if the person was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this section prohibiting the sale of the aforementioned substances.
(D) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.
(E) The City Attorney shall have the authority to seek an injunction to close any business which refuses to or fails to comply with this section.
(Ord. 610, passed 9-27-10) Penalty, see § 130.99