(A) It is hereby declared to be unlawful for any person, including a corporation or other entity, 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 Fort Wayne.
(1) 2-[(lR,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-l-ol {also known as HU-210}.
(3) Naphthalen-l-yl-(l-pentylindol-3-yl) methanone {also known as 1 Pentyl-3- (l-naphthoyl) indole or JWH-018}.
(4) Naphthalen-l-yl-(1-butylindol-3-yl) methanone {also known as l-Butyl-3- (l-naphthoyl) indole or JWH-073}.
(B) This section may be enforced by the Fort Wayne Police Department. Any substance reasonably suspected to be described by division (A) may be seized and held as evidence pending adjudication of the alleged violation.
(C) It is not 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 law prohibiting the sale of the aforementioned substance.
(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) Any person found in violation of this section will be subject to a civil fine of up to $2,500.
(F) Each day during which violation of division (A) occurs shall constitute a separate offense.
(G) The City Attorney shall have the authority to seek an injunction to compel compliance of any business which refuses to or fails to comply with this section.
(H) 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.
(Ord. G-12-10, passed 8-24-10)