(a) Definitions.
(1) “Policing Agency” is any law enforcement agency with jurisdiction in all or part of the City, including, but not limited to, the Gallia County Sheriff’s Department, the City of Gallipolis Police Department, and the Ohio State Highway Patrol.
(2) “Retail establishment” is any person or business, corporation, or entity with a retail merchant’s license.
(3) “Synthetic equivalents” includes any of the following chemicals:
A. 2-[1R,3s)-3-hydroxycyclohexy]-5-(2-methyloctan-2-yl)phenol [also known as CP 47,497 and its C6, C7, C8 and C9 homologues).
B. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol {also known as HU- 210}.
C. Naphthalen-1-yl-(1-pentylindol-3-yl)methanone {also known as 1 Pentyl-3-(1 naphthoyl)indole or JWH-018}.
D. Naphthalen-1-yl-(1-butylindol-3-yl) methanone {also known as 1 Butyl-3-(1-naphthoyl)indole or JWH-073}.
(4) “Synthetic Marijuana” includes any herb or incense marketed under the names K2, Spice, Kind, or Pep, regardless of the flavor.
(b) Synthetic Cannabinoid Ordinance. It is hereby declared to be unlawful within the City for any retail establishment to sell, to publicly display for sale, or attempt to sell, give or barter synthetic marijuana or any synthetic equivalents of the substances contained in the plant Cannabis, or in the resinous extractives of Cannabis and/or synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity or any substance which claims such properties even if in actuality they do not.
Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are similarly prohibited.
(c) Enforcement. This section may be enforced by any policing agency. Any synthetic substance reasonably suspected to be described by subsection (a) hereof, may be photographed as evidence pending adjudication of the alleged violation.
The policing agency shall report the violation to the City Solicitor who shall take appropriate action to enforce this section.
(d) Fines. Any business found to be in violation of this section will be subject to a civil fine of not more than two thousand five hundred dollars ($2,500). Each day of the existence of any violation of this section shall be considered to be a separate offense.
(Ord. 2010-74. Passed 11-2-10.)