(A) Definitions. For purposes of this section, the following definitions shall apply:
CONTRABAND BATH SALTS.
(1) Any substance containing a synthetic derivative of cathinone or any substance, whether in crystal, powder, liquid, tablet or capsule form or which contains any synthetic stimulant as defined herein, notwithstanding any disclaimer such as "not for human consumption" and regardless of how the substance is displayed, marketed or labeled, including "bath salts," "potpourri," or other household products. This definition does not include any pharmaceutical drugs containing synthetic cathinones or other synthetic stimulants approved by the FDA and available with a valid prescription, or traditional bath salts such as sodium chloride, sea salts, magnesium sulfate (Epsom salts), sodium bicarbonate, and borax that do not contain synthetic chemical stimulants. Product packaging that indicates, suggests or implies that a substance mimics the pharmacological effects of cathinone, methcathinone, amphetamines, cocaine or MDMA creates a rebuttable presumption that the substance for sale contains a synthetic stimulant as defined herein; or
(2) Any item labeled or sold as "bath salts" in quantities less than 16 ounces or in pill, tablet or capsule form, any of which shall create a rebuttable presumption that same is intended for human consumption notwithstanding any labeling to the contrary.
SYNTHETIC STIMULANT. Any chemical or chemical compound that has a stimulant effect on the central nervous system and is structurally similar to, or mimics the pharmacological effects of, cathinone, methcathinone, amphetamines, cocaine or MDMA. Product packaging that indicates, suggests or implies that a substance mimics the pharmacological effects of cathinone, methcathinone, amphetamines, cocaine or MDMA creates a rebuttable presumption that the substance contains a synthetic stimulant as defined herein.
(B) Sale or display prohibited. It is unlawful for any person to sell, offer for sale or display contraband bath salts, as defined herein, 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. 2012-68, passed 9-11-12) Penalty, see § 10.99