(A) Definitions. For purposes of this section, the following definitions shall apply:
HERBAL INCENSE. An aromatic plant material, containing any synthetic chemical compound that has been added for the purpose of providing the effects of a controlled substance, packaged or distributed in a loose, leafy, powder or granular form, or in compressed blocks that can be easily crushed to result in a powder or granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for the purposes of ingestion by smoking, inhaling, or other methods. Examples of Herbal Incense include, but are not limited to, "K2," "Spice," "Blaze," and various herbal smoking blends.
SYNTHETIC STIMULANT BATH SALTS. Any substance, whether in powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein or to which a synthetic stimulant has been added or applied, that can be ingested by smoking, inhaling or other method, regardless of whether the substance is marketed as not for the purpose of human consumption, and regardless of how the substance is labeled, including but not limited to bath salts, insect repellant, plant food, herbs, incense, ipod cleaner, nutrient, dietary supplement or spice.
(B) Sale or display prohibited. It is unlawful for any person to sell, offer for sale or display Herbal Incense or Synthetic Stimulant Bath Salts within the City.
(C) Enforcement. This section may be enforced by the City's law enforcement officers. Any product offered for sale or display in violation of this section is subject to seizure and impoundment as contraband and evidence in any legal proceeding, and any person found in violation of this section may be charged with said violation.
(D) Penalties. Any person in violation of this Section may be punished as set forth in § 127.999 of this Chapter.
(Ord. O-2012-13, passed 7-3-12)