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(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:
(1) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl)phenol; also known as CP 47,497 and its C6, C7, C8 and C9 homologues;
(2) (6aR, 10aR)-9-(hydroxymethyl)-6, 6- dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo [c]chromen-1-0l; also known as HU-210;
(3) Naphthalen-1-yl-(1-pentylindol-3-yl) methanone; also known as 1 Pentyl-3-(1-naphthoyl) indole or JWH-018; and/or
(4) Naphthalen-1-yl-(1-butylindol-3-yl) methanone; also known as 1-Butyl-3-(1-naphthoyl) indole or JWH-073.
(B) This section shall be enforced by the City Police Department. If any of the substances listed in division (A) above are found in the possession of any person or business, they may be confiscated and destroyed by law enforcement officials.
(C) It is not an offense under division (A) above 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) If any provision of this section is held invalid, such invalidity shall not affect the remaining provisions of the section which shall remain effective absent the invalid provision and, to this end, the provisions of the section are declared to be severable.
(F) City department heads are hereby directed to take all action necessary and proper for the implementation of this section.
(Ord. 2010-8, passed - -2010) Penalty, see § 130.99