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(A) Definition. For purposes of this section, the following definition shall apply:
HERBAL INCENSE. An aromatic plant material excluding tobacco products and food seasonings that is packaged 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 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.
(B) Sale or display prohibited. It is unlawful for any person to sell, offer for sale or display herbal incense within the city.
(C) Enforcement. This section may be enforced by any city law enforcement officer or code enforcement officer. Any product offered for sale or displayed 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. In addition, the owner of real property upon which a violation of this section is committed is a "violator" as defined in § 37.04 of this Code regardless of whether any other person is charged with a violation.
(D) Penalties. Any person found in violation of this section may be punished as provided in § 10.99 of this Code. In addition, a violation against the owner of real property upon which a violation of this section is committed may be presented to the code enforcement special magistrate who shall have jurisdiction to impose fines and liens pursuant to F.S. Chapter 162, and Chapter 37 of this Code. Said provision, however, shall not preclude the city from enforcing violations of this section against the property owner by prosecution in the County Court, punishable under § 10.99 or by other legal means available.
(Ord. 2012-50, passed 6-26-12; Am. Ord. 2012-68, passed 9- 11-12)