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§ 10.36 WEAPONS/FIREARMS PROHIBITED ON CITY PROPERTY.
   (A)   Policy. It is the policy of the city to protect the public health, safety and welfare; to protect employees of the city from fear of serious injuries or death caused by pistols; to protect city employees by reducing the potential for discharge of firearms at city work sites; and to reduce the potential for discharge of firearms on city property by prohibiting the carrying and possession of pistols on city property where members of the public may be present, in public areas, or at public activities and by prohibiting the carrying and possession of pistols at city work sites.
   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      CITY PROPERTY. Any building or recreation center that is owned, operated or controlled by the city, possessed or controlled by a city authority which was created and exists pursuant to a state or federal law.
      PISTOL. A weapon designed to be fired with the use of a single hand and as defined in M.S. § 624.712, subd. 2, as it may be amended from time to time, or its successor.
   (C)   Prohibited acts. No person shall possess a pistol or otherwise be in possession or control of a pistol on city property, nor shall a person carry a pistol on city property, whether or not that person has been issued a permit pursuant to M.S. §§ 624.711 through 624.717, as they may be amended from time to time, and whether or not that person engages in activities for which the permit has been issued. No activities or ceremonies involving pistols shall be held on city property.
   (D)   Exceptions.
      (1)   The prohibitions of division (C) above shall not apply to any member of the Armed Forces of the United States while engaged in the performance of a duty in compliance with a statute, regulation, rule or order duly promulgated and issued under the authority of the Federal Government; to any member of the militia of the state while engaged in the performance of a duty prescribed by law; not to any licensed peace officer authorized by state law to possess or carry firearms, nor to a person duly licensed and permitted to possess a pistol who is on duty performing security services as part of his or her employment as a security guard.
      (2)   The prohibitions of division (C) above shall not apply to any federal agent who is authorized to carry a pistol nor to any person possessing, transporting or carrying a pistol in commerce in accordance with applicable federal law.
(Adopted 6-24-2003)
Statutory reference:
   Allowing governmental subdivisions to regulate the discharge of firearms, see M.S. § 471.633(a)
   Possession of rifles and shotguns is prohibited in a public place, see M.S. § 624.7181
§ 10.37 PUBLIC NUISANCES.
   (A)   Public nuisance prohibition. A person must not act, or fail to act, in a manner that is or causes a public nuisance. For purpose of this section, a person that does any of the following is guilty of maintaining a public nuisance:
      (1)   Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public;
      (2)   Interferes with, obstructs or renders dangerous for passage, any public highway or right-of- way or waters used by the public; or
      (3)   Does any other act or omission declared by law or this section to be a public nuisance.
   (B)   Public nuisances affecting health. The following are hereby declared to be nuisances affecting health:
      (1)   The exposed accumulation of decayed or unwholesome food or vegetable matter;
      (2)   All diseased animals running at large;
      (3)   All ponds or pools of stagnant water;
      (4)   Carcasses of animals not buried or destroyed within 24 hours after death;
      (5)   Accumulation of manure, refuse or other debris;
      (6)   Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
      (7)   The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
      (8)   All noxious weeds and other rank growths of vegetation upon public or private property;
      (9)   Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities;
      (10)   All public exposure of people having a contagious disease; and
      (11)   Any offensive trade or business as defined by statute not operating under local license.
   (C)   Public nuisances affecting morals and decency. The following are hereby declared to be nuisances affecting public morals and decency:
      (1)   All gambling devices, slot machines and punch boards, except otherwise authorized and permitted by federal, state or local law;
      (2)   Betting, bookmaking and all apparatus used in those occupations;
      (3)   All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;
      (4)   All places where intoxicating or 3.2% malt liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort, for the purpose of drinking intoxicating or 3.2% malt liquor, or where intoxicating or 3.2% malt liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place; and
      (5)   Any vehicle used for the unlawful transportation of intoxicating or 3.2% malt liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.
   (D)   Public nuisances affecting peace and safety. The following are declared to be nuisances affecting public peace and safety:
      (1)   All snow and ice that is not removed from public sidewalks within 24 hours after the snow or other precipitation causing the condition has ceased to fall;
      (2)   All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
      (3)   All wires and limbs of trees that are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
      (4)   Any person participating in any party or other gathering that causes the unreasonable disturbing of the peace, quiet or repose of another person;
      (5)   All unnecessary and annoying vibrations;
      (6)   Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds, except under conditions as are permitted by this section or other applicable law;
      (7)   Radio aerials or television antennas erected or maintained in a dangerous manner;
      (8)   Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk that causes large crowds or people to gather, obstructing traffic and the free use of the street or sidewalk; including the use of the public streets for panhandling, vagrancy or other nuisance type offenses;
      (9)   All hanging signs, awnings and other similar structures over streets and sidewalks, so situated as to endanger public safety or not constructed and maintained as provided by ordinance;
      (10)   The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to follow across any sidewalk;
      (11)   Any barbed wire fence located less than six feet above the ground and within three feet of a public sidewalk or way;
      (12)   All dangerous, unguarded machinery in any public place or so situated or operated on private property as to attract the public;
      (13)   Wastewater cast upon or permitted to flow upon streets or other public properties;
      (14)   Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other materials in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or other safety hazards from the accumulation;
      (15)   Any well, hole or similar excavation that is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located;
      (16)   Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with hash or other materials;
      (17)   The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substances that may injure any person or animal or damage any pneumatic tire when passing over the substance;
      (18)   The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
      (19)   Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel and one footcandle when abutting any commercial or industrial parcel; and
      (20)   All other conditions or things that are likely to cause injury to the person or property of another.
   (E)   Noise violations.
      (1)   Prohibited noises. The following are declared to be nuisances affecting public health, safety, peace or welfare:
         (a)   Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person, or precludes his or her enjoyment of property or affects his or her property’s value (this general prohibition is not limited by any specific restrictions provided in this section);
         (b)   All obnoxious noises, motor vehicle or otherwise, in violation of Minn. Rules Ch. 7030, as they may be amended from time to time, are hereby incorporated into this section by reference;
         (c)   The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise;
         (d)   The discharging of the exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle (ATV), snowmobile or any recreational device, except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations;
         (e)   Any loud or excessive noise in the loading, unloading or unpacking of any vehicle; and
         (f)   The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby.
      (2)   Hourly restriction of certain operations.
         (a)   Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
         (b)   Refuse hauling. No person shall collect or remove garbage or refuse in any residential district, except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
         (c)   Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric-, diesel- or gas-powered machine or other power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
         (d)   Radios, music devices, paging systems and the like. The operation of any device referred to in division (A)(6) above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section.
      (3)   Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation, alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. The Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning changes requested.
   (F)   Nuisance parking and storage.
      (1)   Declaration of nuisance. The outside parking and storage on residentially zoned property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it:
         (a)   Obstructs views on streets and private property;
         (b)   Creates cluttered and otherwise unsightly areas;
         (c)   Prevents the full use of residential streets for residential parking;
         (d)   Introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited;
         (e)   Decreases adjoining landowners’ and occupants’ use and enjoyment of their property and neighborhood; and/or
         (f)   Otherwise adversely affects property values and neighborhood patterns.
      (2)   Unlawful parking and storage.
         (a)   A person must not place, store or allow the placement or storage of ice fishing houses, skateboard ramps, playhouses or other similar non-permanent structures outside continuously for longer than 24 hours in the front yard area of residential property unless more than 100 feet back from the front property line.
         (b)   A person must not place, store or allow the placement or storage of pipe, lumber, forms, steel, machinery or similar materials, including all materials used in conjunction with a business, outside on residential property, unless shielded from public view by an opaque cover or fence.
         (c)   A person must not cause, undertake, permit or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements.
            1.   No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of non-residential characteristics of the property. The maximum number does not include vehicles of occasional guests who do not reside on the property.
            2.   Vehicles that are parked or stored outside in the front yard areas must be on a paved or graveled parking surface or driveway area.
            3.   Vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away from school for periods of time, but still claim the property as their legal residence will be considered residents on the property.
   (G)   Inoperable motor vehicles.
      (1)   Declaration of nuisance. Any motor vehicle described in this section shall constitute a hazard to the health and welfare of the residents of the community as such vehicles can harbor noxious diseases, furnish a shelter and breeding ground for vermin, and present physical danger to the safety and well-being of children and citizens. Motor vehicles also contain various fluids which, if released into the environment, can and do cause significant health risks to the community.
      (2)   Inoperable motor vehicles. It shall be unlawful to keep, park, store or abandon any motor vehicle that is not in operating condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation within the state, pursuant to M.S. § 168B.011, subd. 3, as it may be amended from time to time.
      (3)   Screening. This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road or alley, and which does not foster complaint from a resident of the city. Privacy fencing is permissible.
   (H)   Duties of city officers. City officials may apply and enforce any provision of this section relating to public nuisances within this jurisdiction. Any peace officer or other designated city official shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no peace officer or designated city official will enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing entry.
   (I)   Abatement procedure.
      (1)   Procedure. Whenever the peace officer or other designated official determines that a public nuisance is being maintained or exists on the premises in the city, the official shall notify in writing the owner of record or occupant of the premises of the fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the official shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance.
      (2)   Notice. Written notice of the violation; notice of the time, date, place and subject of any hearing before the City Council; notice of the City Council order; and notice of motion for summary enforcement hearing shall be served by a peace officer or designated official on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premise is not occupied, the owner of record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation shall be served by positing it on the premises.
      (3)   Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in divisions (I)(1) and (I)(2) above will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the peace officer or other designated official shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (I)(1) above and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
      (4)   Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety.
      (5)   Unlawful parties or gatherings. When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under division (I)(4) above, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or tenant of the premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
      (6)   Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
   (J)   Recovery of cost.
      (1)   Personal liability. The owner of the premises on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other city official shall prepare a bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the office of the City Clerk.
      (2)   Assessment. After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, if the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and any other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.
   (K)   Penalty. Any person convicted of violating any provision of this section is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case.
   (L)   Severability. If any provision of this section is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
(Adopted 10-26-2013)
§ 10.38 BANNING THE SALE, POSSESSION, TRANSFER OR MANUFACTURE OF SYNTHETIC OR ALTERNATIVE DRUGS.
   (A)   Prohibitions; sale, possession, transfer, manufacture of synthetic or alternative drugs.
      (1)   A person is guilty of a violation of this section if he or she sells, possesses, transfers or manufactures any substance or product containing any quantity of synthetic or alternative drug, as defined under this section.
      (2)   All substances made unlawful by this section shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this section.
      (3)   The substances defined in this section shall not include medications or substances for which the possessing party holds a valid prescription or beer, wine or intoxicating liquors as defined by local, state and federal laws.
      (4)   Products commercially available and sold which have common, proven and lawful uses under local, state and federal law shall not be deemed unlawful by this section. Examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products and the like.
      (5)   In addition to the definitions provided in this section, the following additional factors shall be considered in making the determination if a substance is unlawful under this section:
         (a)   Scope of legitimate uses of the product;
         (b)   Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product;
         (c)   Statements made by persons selling, possessing, and using the product;
         (d)   Availability of the product to include types and number of area businesses selling it;
         (e)   The ratio of the price of the product compared to the quantity sold; and
         (f)   The proximity of the product in relation to devices used to ingest or consume controlled substances.
   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      MANUFACTURE. To complete, blend, formulate, package, repackage or develop by any means any substance made unlawful by this section.
      POSSESSION. To possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building or other structure, whether upon public or private property.
      SALE/TRANSFER. To offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter or to exchange to any person or entity with or without an exchange of compensation or service.
      SALVIA DIVINORUM/SALVINORUM. All parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant and every compound, manufacture, salts, derivative, mixture or preparation of the plant, its seeds or extracts.
      SYNTHETIC STIMULANT.
         (a)   A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal or granular form, including, but not limited to, the following:
            1.   3,4-Methylenedioxymethcathinone (Methylone);
            2.   3,4-Methyenedioxpyrovalerone (MDPV);
            3.   4-Methymethcathinone (Mephedrone);
            4.   4-Methoxymethcathinone (Methedrone);
            5.   4-Fluoromethcathinone (Flephedrone);
            6.   3-Fluoromethcathinone (3-FMC);
            7.   Naphthylpyrovalerone; and
            8.   2-amino-lphenyl-l-propanone (Cathinone).
         (b)   SYNTHETIC STIMULANTS, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant and the like and are usually powder or granular in form, sold without a listing of ingredients and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
         (c)   SYNTHETIC STIMULANTS, often referred to as “bath salts” are commonly marketed under various commercial trade names, which changed often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to division (E) below for a listing of commercial names commonly used to advertise and portray these substances.
         (d)   SYNTHETIC STIMULANTS, as defined in this section, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemicals compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts) sodium chloride (table salt) sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate and borax.
      SYNTHETIC MARIJUANA/ SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT.
         (a)   A natural or human-made substance that elicits psychoactive or psychotropic euphoric effects or a natural or human-made compound that functions similar to the active ingredient in marijuana (tetrachydrocannabinol “THC”) including, but not limited to, any quantity of a synthetic material, mixture, preparation, substance and their analogs (including isomers, esters, ethers, salts and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
            1.   2(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cycloliexyl ring to any extent;
            2.   3-(l-naphthoyl) indole or 3-(l-naphthylmethane) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
            3.   3-(l-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
            4.   l-(l-naphthylmethylene) indene by substitution of the 3-positon of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
            5.   3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substitution on the phenyl ring to any extent;
            6.   5-(l, l-dimethylheptyl)-2-[lR, 3S)-3-hydroxycyclohexyl]-phenol (CP-47, 497);
            7.   5-(l, 1 dimethyloctyl)-2-[lR, #S)-3-hydroxycycloheyl] phenol (cannabicyclohexanol or CP-47, 497 C8-homolog);
            8.   l-pentyl-3-(l-naphthoyl)indole (JWH-018 and AM678);
            9.   l-pentyl-3-(l-naphthoyl)indole (JWH-073);
            10.   1-hexyl-3-(l-naphthoyl)indole (JWH-019);
            11.   l-[2-(4-morpholinyl)ethyl]-3-(l-naphthoyl)indole(JWH-200);
            12.   l-pentyl-3-(2-methoxyphenylacetyl)indole(JWH250);
            13.   l-pentyl-3-[l-(4-methyl-lnaphthoyl)indole(JWH-081);
            14.   l-pentyl-3-(4-methyl-l-naphthoyl)indole(JWH-122);
            15.   l-pentyl-3-(4-chloro-i-naphthoyl)indole(JWH398);
            16.   l-(5-flouropentyl)-3-(l-naphthoyl)indole(AM2201);
            17.   l-(5-fluoropenty le)-3(2-iodobenzoyl)indole(AM694);
            18.   l-pentyl-3-[(4-methoyxy)-benzoyl]indole(SR-19 and RCS-4);
            19.   l-cycloliexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); and
            20.   l-pentyl-3-(2-chlorophenylacetyl)indole(JWH-203)
         (b)   HERBAL SMOKING PRODUCTS, despite their labeling, are commonly identified by being sold in small packets containing natural or human-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy and the like, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
         (c)   SYNTHETIC MARIJUANA/SYNTHETIC CANNABINOIDS/HERBAL SMOKING PRODUCTS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to division (E) below for a listing of commercial names commonly used to advertise and portray these substances.
         (d)   SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils or cones that is commonly used for aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
      SYNTHETIC/ALTERNATIVE DRUG. Any of the following:
         (a)   Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant or hallucinogenic;
         (b)   Salvia divinorum or any substance known by this name or any version of this name;
         (c)   Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts or any blend or combination of these, even though the substance is marketed as “not for human consumption” which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior or in any manner changes, distorts or disturbs the auditory, visual or mental process;
         (d)   Any substance defined in subsequent portions of this section;
         (e)   Any substance which has a stimulant, depressant, psychedelic, psychotropic or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or
         (f)   Any substance marked or packaged under any name listed in division (E) below.
      SYNTHETIC PSYCHEDELICS/ HALLUCINOGENS.
         (a)   A substance that mimics the effects of any federally or state controlled substance, including, but not limited to, any natural or human-made substance, compound, mixture, preparation or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including, but not limited to, the following:
            1.   2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine(2C-E);
            2.   2-(2,5-Dimethoxy-4-methylphenyl) ethanamine(2C-D);
            3.   2-(4-Chloror-2,5-dimethoxyphenyl) ethanamine(2C-C);
            4.   2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine(2C-I);
            5.   2-[4-Ethylthio)-2,5-dimethoxyphenyl] ethanamine(2C-T-2);
            6.   2-[4-Isopropylthio)-2,5-dimethoxyphenyl] ethanamine(2C-T-4);
            7.   2-(2,5-Dimethoxyphenyl) ethanamine(2C-H);
            8.   2-(2,5-Dimethoxy-4-nitio-phenyl) ethanamine(2C-N); and
            9.   2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
         (b)   SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, despite their labeling, are commonly identified by being sold in small packets, tubs or vials and are often in tablet, capsule and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
         (c)   SYNTHETIC PSYCHEDELICS/HALLUCINOGENS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to division (E) below for listing of commercial names commonly used to advertise and portray these substances.
   (C)   Enforcement and civil penalty. The city deems synthetic and alternative drugs dangerous and detrimental to the citizens, guests and fabric of the community of the city, it bans the sale, possession, transfer and or manufacturing of synthetic drugs or alternative drugs.
      (1)   Individuals involved in the sale, transfer or manufacturing. A civil penalty of each offense will be $500 for the first violation; $1,000 second violation and any violations thereafter shall be charged as a misdemeanor, with up to 90 days in jail, and subject to the sanctions of the District Court.
      (2)   Individuals that are in possession. A civil penalty of each possession offense will be $100 for the first offense; $300 for the second offense; $500 for the third offense; $800 for the fourth; and every offense thereafter shall be $1,000.
   (D)   Severability. If any clause, sentence, paragraph, division or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, the order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, division or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which the order or judgment shall be rendered.
   (E)   Unlawful and synthetic drugs. Substances described in this section and distributed under the commercial/retail names contained in this division (E) shall be deemed to be unlawful and synthetic drugs, especially if they are packaged in a manner that indicates the product is “not for human consumption” or if it fails to disclose the products ingredients. Products commercially sold under similar or like names, which have common, proven and lawful uses and which list their ingredients and directions for use, shall not be deemed unlawful under this section.
      (1)   8-BALL,251,2c-l;
      (2)   AFGAN BLACK, AM-HI-CO (ALL TYPES), APHRODISIA, ATOMIC BOMB, AZTEC GOLD, AZTEC MIGHNIGHT WIND TEZCATLIPOC;
      (3)   BACK DRAFT, BAD 2 THE BONE, BANANA CREAM NUKE, BATH SALT, BAYOU BLASTER, BIGDADDY, BLACK DIAMOND, BLACK MAGIC SALVIA, BLACK MAMBA, BLISS (ALL TYPES), BLIZZARD, BLUE SILK, BLUEBERRY HAYZE, BLUEBERRY HAZE, BOMBAY BLUE, BONZAI, BROMO-DRANGONFLY, BUZZ;
      (4)   C3, C4, C4 HERBAL INCENSE, CANEFF, CHARGE PLUS, CHERRY BOMB, CHILLX, CHRONIC SPICE, CILL OUT, CITRUS, CLOUD 9, COLORADO CHRONIC;
      (5)   DA BLOCK, DARK NIGHT ii, DEMOND, DEVIL EYE, DEX, DIAMOND SPIRIT, DOVES, DRAGON SPICE, D-RAIL, DREAM, DYNATMITE N-R-G;
      (6)   EARTHQUAKE, ERUPTION SPICE, EUPHORIA, EXOTIC ULTRA, EXSES, EX-SES PLATINNUM (ALL TYPES), EX-SES GOLD PLUS, EXTREME SPICE;
      (7)   FAKE WEEK, FERTILIZER, FIRE BIRD ULTIMATE STRENGTH CINNAMON, FOREST HUMUS, FREEDOM, FULLY LOADED, FUNKY MONKEY XXXX;
      (8)   G FOUR, G GREENIES CARAMEL CRUNCH, GENIE (ALL TYPES), GLASS CLEANER, GEM, GOLD SPIRIT SPICE, GREEN MONKEY CHRONIC SALVIA, GREENIES STRAWBERRY, GROW;
      (9)   HEAD RUSH ULTRA, HEAVEN IMPROVED, HEAVENSCENT SUAVE, HERBAL ECSTASY, HIOCTANE, HUMBOLDT GOLD, HURRICANE, HUSH, HYPER X ULTRA;
      (10)   ICE BUD, IVORY (ALL TYPES);
      (11)   JAMAICAN GOLD, JOKER;
      (12)   K ROYAL, Kl (ALL TYPES), K2 (ALL TYPES), K3 (ALL TYPES), K4 (ALL TYPES), KIND SPICE, SW ORISHA MAX, KRUSH;
      (13)   LEGAL EAGLE (ALL TYPES), LEGAL;
      (14)   MAGIC DRAGO PLATINUM, MAGIC GOLD, MAGIC SILVER, MAGIC SPICE, MAYA BLUE, MEGA BOMB, MELLOMAN, MELLOW MADNESS 1 A, METHOXETAMINE, MID-ATLANTIC EXEMPLAR (ALL TYPES), MIDNIGHT CHILL, MIND BLISS, MNGB ALMOND/VANILA, MNGB (ALL TYPES), MOE JOE FIRE, MOJO (ALL TYPES), MR. SMILEY’S, MTN-787, MYSTERY;
      (15)   NATURAL ECSTASY, NATURAL LSD, NAUGHTY NIGHTS, NEUTRONTUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES) NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES);
      (16)   OCEAN BLUE, OCEAN BURST (ALL TYPES);
      (17)   P.E.P. POTPOURRI (ALL TYPES), PARADISE, PINK LOTUS, PINK TIGER, PIXIE DUST, PLANT FOOD, POSH, POTPOURRI (ALL TYPES) POW, PULSE, PUMP IT POWDER, PURE IVORY, PURPLE WAVE;
      (18)   QUICK SILVER;
      (19)   RADIOACTIVE, RASTA CITRUS SPICE, REBEL SPICE, RECHARGE (ALL TYPES);
      (20)   SENCE, SERENITY (ALL TYPES), SEX INTENSE, SETACY (ALL TYPES), SHAMANTRANCE, SHANTI SPICE (ALL TYPES), SILENT BLACK, SKINK, SMOKE, SMOKE PLUS, SNOW LEOPARD, SOLAR STAR GOLD SPACE (ALL TYPES), SPACETRIPS, SPEED FREAK, SPICE (ALL TYPES), SPICERY (ALL TYPES), SPICEY XXX (ALL TYPES), SPICYLICIOUS, SPICE 99 (ALL TYPES), SPIKE 99 (ALL TYPES), SPIKE (ALL TYPES), STARDUST, STARRY NIGHT, STINGER, SUMMER SKYY, SUPER KUSH, SUPER SUMMIT, SWAGGER GRAPE, SYN (ALL TYPES);
      (21)   TEXAS GOLD, TIME WARP, TNT, TRIBAL WARRIOR (ALL TYPES), TRANQUILITY;
      (22)   ULTRA CLOUD 10, UNKNOWN CIGARETTE, UTOPIA (ALL TYPES);
      (23)   V8, VANILLA SKY, VOO DOO (ALL TYPES);
      (24)   WHITE (ALL TYPES), WHO DAT (ALL TYPES), WICKED X, WILD OPIUM, WINDER BOOST, WINDOW CLEANER, WOOD STOCK;
      (25)   XTC, X-TRACY ULTRA;
      (26)   YOCANTAN FIRE, YUCANTAN FIRE;
      (27)   ZOMBIE WORLD, ZOOM Z. BLACK DIAMOND;
      (28)   TRIPLE XXX PLURBOM;
      (29)   WTF;
      (30)   ZERO GRAVITY;
      (31)   HAVE YOU SEEN MOLLY; and
      (32)   BIZZARRO.
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