HomeMy WebLinkAboutORDINANCE NO. 1058 ANTI-SPICE ORDINANCEC I TY OF
REXBURG
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ORDINANCE NO.: 1058
AN ORDINANCE OF THE CITY OF REXBURG PROVIDING FOR
THE PROHIBITION OF THE USE, MANUFACTURE, POSSESSION,
AND/OR DELIVERY OF CERTAIN INTOXICATING CHEMICAL
SUBSTANCES; PROVIDING FOR A GENERAL DEFINITIONS
SECTION; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE,
APPROVAL AND PUBLICATION ACCORDING TO LAW.
WHEREAS, City of Rexburg believes it prudent to prohibit the use, manufacture,
possessing, and/or the dealing of certain intoxicating chemical substances, namely the
substance commonly referred to as "Spice," which is synthetic cannabis; and,
WHEREAS, City of Rexburg desires to provide for a definitions section identifying
the intoxicating chemical substances to be prohibited in City of Rexburg; and,
WHEREAS, City of Rexburg desires to provide a penalty clause and an effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF CITY OF
REXBURG, IDAHO:
I. Intoxicatin¢ chemical substances:
1. Definition and application: As used in this ordinance:
(a) "Intoxicating chemical substance" shall only mean one or more of the following
chemical compounds or their analogs or homologs, whether isolated or
contained in any liquid, fiber, paper, powder, solution, herbal or plant material,
aerosol, plasma, incense or other medium:
i. 1-pentyl-3-(I-naphthoyl) indole (JWH-018); naphthalen-l-yl-(1-butylindol-
3-yl) methanone (JWH-073); 2-[(1R,3S)-3-hydroxycyclohexylj-
5-(2-methyloctan-2-yl)phenol (CP 47,497); OR
ii. any artificial chemical substance simulating, copying to a significant degree,
or emulating any of the compounds listed in section 1(a)(i) of this ordinance,
or any substance regulated or governed by Idaho Code Title 37, Chapter 27,
which substance itself is not presently regulated by that Chapter, capable of
causing a condition of intoxication, inebriation, excitement, stupefaction or
the dulling of the brain or nervous system as a result of the ingestion,
injection into the bloodstream, or inhalation of the fumes or vapors of such
chemical substance; OR
iii. for purposes of sections II(1)(a), II(1)(b) and II(1)(d) only, any substance or
product labeled "Not for Human Consumption," or any other label warning
against humans introducing that substance or product into the body.
(b) "Paraphernalia" shall mean all equipment, products and materials of any kind
which are used, intended for use, or designed for use, in injecting, ingesting,
inhaling, or otherwise introducing into the human body, an "intoxicating
chemical substance" (as that term is defined herein).
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(c) Application. Nothing in this ordinance shall be construed to include, govern
over, or regulate any controlled substance or item of drug paraphernalia
regulated by the provisions of Idaho Code Title 37, Chapter 27, the Uniform
Controlled Substances Act.
II. Abuse of an intoxicating chemical substance:
1. A person is guilty of abuse of intoxicating chemical substances if.
(a) that person intentionally ingests, injects into the bloodstream, inhales the
fumes of while being eighteen (18) years of age or older, or otherwise
introduces into the body an intoxicating chemical substance, or attempts any
of the same; OR
(b) that person is under the influence of an intoxicating chemical substance; OR
(c) that person possesses, purchases, or attempts to possess or purchase an
intoxicating chemical substance; OR
(d) that person uses, or possesses with intent to use, paraphernalia to inject,
ingest, inhale, or otherwise introduce into the human body, an intoxicating
chemical substance.
III. Delivery of an intoxicating chemical substance:
1. A person is guilty of delivery of an intoxicating chemical substance if that
person offers, sells, delivers, or provides an intoxicating chemical substance to
another person or entity.
IV. Manufacture of an intoxicating chemical substance:
1. A person is guilty of the manufacture of an intoxicating chemical substance if
that person creates, manufactures, cultivates, transports, produces, or processes
an intoxicating chemical substance.
V. Penalties:
1. Any person who violates this ordinance with respect to:
(a) section II hereof is guilty of a misdemeanor and, upon conviction, may be
punished by a fine of up to three hundred dollars ($300), or by up to sixty
(60) days in jail, or both;
(b) section III hereof is guilty of a misdemeanor and, upon conviction, may be
punished by a fine of up to three hundred dollars ($300), or by up to one
hundred fifty (150) days in jail, or both;
(c) section IV hereof is guilty of a misdemeanor and, upon conviction, may be
punished by a fine of up to three hundred dollars ($300), or by up to one
hundred eighty (180) days in jail, or both.
VI. Repealer clause:
1. If any section, paragraph, sentence or provision hereof, or the application
thereof to any particular circumstance, shall ever be held invalid or
unenforceable, such holding shall not affect the remainder hereof, which shall
continue in full force and effect and be applicable to all circumstances to which
it may validly apply.
VII. Effective date:
1. This ordinance shall be in full force and effect upon publication pursuant to Idaho
Code.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 6`h day of
October, 2010.
ATTEST:
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Blair D. Kay
City Clerk
State of Idaho
ss
County of Madison
APPROVED:
arid
Mayor
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify that
the above and foregoing is a full, true and correct copy of the Ordinance
entitled:
AN ORDINANCE OF THE CITY OF REXBURG PROVIDING FOR THE
PROHIBITION OF THE USE, MANUFACTURE, POSSESSION, AND/OR
DELIVERY OF CERTAIN INTOXICATING CHEMICAL SUBSTANCES;
PROVIDING FOR A GENERAL DEFINITIONS SECTION; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE
UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO
LAW.
Passed by the City Council and approved by the Mayor this the 6' day of
October, 2010.
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Blair D. Kay, City Clerk
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