(A) Sale. Products containing synthetic cannabinoids (“products”), such as K2/Spice, or similar products which contain one, or more, of the following chemical compounds:
(1) (6ar, 10ar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2methyloctan-2-y1)-6a, 7, 10, 10a- tertrahydrobenzo (c) chromen-1-01, also known as HU-210;
(2) 1-pentyl-3-(1-naphthoyl) indole, also known as JWH-018;
(3) 1-buytl-3-(1-naphthoyl) indole, also known as JWH-073; or
(4) Any other equivalent compound, or derivative, shall not be sold, marketed, offered for sale, used, possessed, or purchased within the county.
(B) Public places. Products containing synthetic cannabinoids (“products”) may not be burned, incinerated, or ignited in any public place, or on any property owned, leased, or controlled by the county.
(C) Violations.
(1) Any person, or entity, found in violation, for the first time, of any provision of this section shall be subject to the penalty imposed for a Class B infraction, as set forth in I.C. 34-28-5-4. Accordingly, this section shall be enforced by the provisions of I.C. 34-28-5.
(2) Any person, or entity, found in violation for the second, and subsequent times, of any provision of this section shall be subject to the penalty imposed for a Class A infraction, as set forth in I.C. 34-28-5-4. Accordingly, this section shall be enforced by the provisions of I.C. 34-28-5.
(3) In addition to the foregoing, any person, or entity, found to be in violation of any provision of this section shall also be responsible for the reasonable costs associated with the enforcement thereof, including, but not limited to, attorney fees, laboratory fees, expert witness fees, other personnel costs, and court costs in any action taken to enforce the provisions of this section.
(4) Each violation of any provision contained in this section shall constitute a separate violation.
(Ord. 2010-04, passed 11-1-2010) Penalty, see § 130.99