Cit,,(SouOl Lake Taboe

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1 Cit,,(SouOl Lake Taboe 4 "making a positil'e difference now" STAFF REPORT Council Meeting March 20, 2012 TO: FROM: Honorable Mayor and Council Members Nira Feeley, Deputy City Attorney DATE: March 20,2012 RE: Ordinance of the City of South Lake Tahoe City Council Amending City Code Chapter 18 - Offenses, By Adding Article XII - DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS RECOMMENDATION: Second Reading and Adopt Ordinance. ISSUE AND DISCUSSION: This Ordinance declares certain psychoactive drugs, commonly produced, distributed and used under the titles of "bath salts" and "herbal incenses," to be a violation of the City Code of the City of South Lake Tahoe. Production, distribution and use of these chemical compounds would be a misdemeanor or infraction and subject to civil penalties. Currently, there is no State law prohibiting the production, distribution, or use of such substances. Such substances have posed increased risks and dangers to our community as the availability of these substances has proliferated, particularly amongst minors. This ordinance would supplement and fill in gaps left by State regulation of these substances. The Ordinance accomplishes the following: 1. Defines the drugs by listed the most commonly used chemicals and names associated with such synthetic drugs; 2. Establishes that use, distribution, and production of such drugs will be deemed an infraction or misdemeanor punishable at law; 3. Assigns civil penalties in the amount of $1,000 a day for the use, distribution and production of such synthetic drugs. Office of lhe City Allomey 1901 Airport RoadJte. 300 Soulh Lake Tahoe, California City Altorney (530) 542-~046. FAX (530)

2 FINANCIAL AND/OR POLICY IMPLICATIONS: Costs associated with implementation of this ordinance are unknown. The City will recover costs associated with enforcement and violations through its civil penalties process, and laid forth in the ordinance. / Ni~~eley, Deputy City Attorney Attachments: Ordinance of the City of South Lake Tahoe City Council Amending City Code Chapter 18 - Offenses, By Adding Article VIII - DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS 2

3 CITY OF SOUTH LAKE TAHOE ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF SOUTH LAKE TAHOE CITY COUNCIL AMENDING CITY CODE CHAPTER 18 - OFFENSES, BY ADDING ARTICLE XII, DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND LIKE PRODUCTS The City Council of the City of South Lake Tahoe does hereby ordain as follows: Section 1. Enactment. Chapter 18 of the South Lake Tahoe City Code is hereby amended as designated in Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Conflicting Ordinances Repealed. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Summary Publication. Pursuant to Government Code 36933(c)(1), a summary of said ordinance was published at least five (5) days prior to its final adoption as required by law, and a certified copy of the full text of the proposed ordinance was posted in the Office of the City Clerk. Within fifteen (15) days after adoption, a summary of said ordinance with the names of those City Councilmembers voting for and against shall be published as required by law, and a certified copy of the full text of the ordinance shall be posted in the Office of the City Clerk. Section 4. after its adoption. Effective Date. This ordinance shall take effect thirty (30) days FIRST READING: March 6, 2012 SECOND READING: March 20, 2012 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting held on March 20, 2012, by the following vote: AYES: Councilmembers _ NOES: Councilmembers _ ABSENT: Councilmembers _ ABSTAIN: Councilmembers _ ATTEST: Claire Fortier, Mayor Susan Alessi, City Clerk (City Seal)

4 CITY OF SOUTH LAKE TAHOE ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF SOUTH LAKE TAHOE CITY COUNCIL AMENDING CITY CODE CHAPTER 18 - OFFENSES, BY ADDING ARTICLE XII, DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND LIKE PRODUCTS WHEREAS, the City of South Lake Tahoe has reliable knowledge, evidence, and proof that psychoactive bath salts, psychoactive herbal incense, and similar products are being produced, used, and distributed within the City of South Lake Tahoe; WHEREAS, Psychoactive Bath Salts have been falsely marketed as standard bath salts for use in one's bath but in fact have been ingested, snorted, and used intravenously by many people throughout the United States with serious deleterious effects to the person's health, including extreme agitation sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts, increased blood pressure and heart rate, and renal and kidney failure; WHEREAS, Psychoactive Bath Salts are in fact designer drugs which have been manufactured with chemical substances that are intended to mimic and recreate the effects of cocaine and methamphetamine, which are illegal controlled substances under state and federal law; WHEREAS, Psychoactive Herbal Incense has been falsely marketed as standard incense used for its aromatic qualities, but in fact has been ingested or smoked by many people throughout the United States with serious deleterious effects to the person's health, including cardiac arrest, seizures, extreme agitation sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts, increased blood pressure and heart rate, and renal and kidney failure; WHEREAS, Psychoactive Herbal Incense are in fact designer drugs which have been manufactured with chemical substances that are intended to mimic and recreate the euphoric effects of marijuana, which is an illegal controlled substance under federal law; WHEREAS, South Lake Tahoe retailers are or should be aware of the significant effects of Psychoactive Bath Salts and Psychoactive Herbal Incense, yet some continue to sell these dangerous products; WHEREAS, the City Council of the City of South Lake Tahoe wishes to address the dangers to the community, including dangers to youth and minors, posed by the distribution and use of psychoactive bath salts, psychoactive herbal incense, and similar products; and

5 WHEREAS, the City Council of the City of South Lake Tahoe wishes to provide the City with reasonable measures to abate the harm created by such conduct; WHEREAS, the City has the authority under Article 11, section 7 of the California Constitution, to enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws. The City Council of the City of South Lake Tahoe does ordain as follows: ARTICLE XII. PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND LIKE PRODUCTS PURPOSE AND INTENT. It is the purpose and intent of this Article to address the dangers to the community posed by the production, distribution, and use of psychoactive bath salts, psychoactive herbal incense, and similar products, and to provide the City with reasonable measures to abate the harms created by such conduct DEFINITIONS Psychoactive Bath Salts. Psychoactive Bath Salts are defined as follows: A. Any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including, but not limited to, the following substances: Methylenedioxymethcathinone, Methylone, Methyenedioxypyrovalerone, MDPV4,Methylmethcathinone, Mephedronemethoxymethcathinone, Methedrone-Fluoromethcathinone, Flephedrone, Fluoromethcathinone,FMCnaphthylpyrovalerone" and/or any derivatives, synthetic substances and their isomers with similar chemical structure, or any chemical alteration of these compounds which exhibit the same effects, and any other substantially similar chemical structure or compound. B. Products commonly marketed under the following trade names: Bliss, Blizzard, Blue, Silk, Bonzai, Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory, Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night, and White Lightning. These products may also be marketed under other trade names and contain a common disclaimer that these products are not safe for human consumption C. This definition does not include bath salts that do not contain synthetic chemical compounds listed above that elicit psychoactive or psychotropic stimulant effects.

6 Standard bath salts primarily contain magnesium sulfate, Epsom salts, sodium chloride, table salt, sodium bicarbonate, baking soda, sodium hexametaphosphate, Calgon agmlaorpshsouys, sodium metaphosphate, sodium sesquicarbonate and borax. Psychoactive Herbal Incense. Psychoactive Herbal Incense is defined as follows: A. Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including, but not limited to, the following: any synthetic cannabinoid compound or any derivatives, synthetic substances and their isomers with similar chemical structure, or any chemical alteration of these compounds which exhibit the same effects, and/or any other substantially similar chemical structure or compound. S. Products commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed. These products may also be marketed under other trade names and contain a common disclaimer that these products are not safe for human consumption C. This definition does not include incense that is sold as incense sticks oils or cones that are commonly used for their aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects. Distribute, Distribution, Distributing. To offer for sale, distribute, furnish, gift, transfer, exchange, or give to any person; and all transactions of those natures made by any person whether as principal proprietor, agent, servant, or employee. Produce, Production, Producing. To create, make, manufacture, generate, construct, or develop OFFENSES It is unlawful for: A. Any person to distribute psychoactive bath salts and psychoactive herbal incense within the City. B. Any person to produce psychoactive bath salts or psychoactive herbal incense within the City. C. Any person to possess psychoactive bath salts and psychoactive herbal incense within the City. D. Any person to produce or distribute any product or substance represented as or designed to resemble psychoactive bath salts and psychoactive herbal incense within the City.

7 E. Any person to allow the production or distribution of psychoactive bath salts and psychoactive herbal incense on property owned, controlled or managed by such person within the City PENALTIES AND ENFORCEMENT Any person who violates this Article (SLTCC to ) shall be guilty of a misdemeanor, provided however, that any such offense may be charged as an infraction in the discretion of the District Attorney. The City Attorney is authorized to prosecute any other civil or criminal remedies available in law or in equity for violations of this Article, including, but not limited to, seeking an order or warrant to confiscate psychoactive bath salts or psychoactive herbal incense. Any person who violates this Article shall be guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The City may assess an administrative fine and penalty of $1, a day for all violations of this Article. In addition, the City may withhold or refuse to issue a business license to any person or entity found to be in violation of this Article EXEMPTION FOR APPROVAL BY FDA OR CALIFORNIA LAW This Article shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the Federal Food and Drug Administration or which are specifically permitted by California law SEVERABILITY This Article and the various parts thereof are hereby declared to be severable. Should any section of this Article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid.

8 LEGAL PUBLICATION SUMMARY OF PROPOSED ORDINANCE AMENDING CITY CODE 18 - OFFENSES, BY ADDING ARTICLE XII- DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS NOTICE IS HEREBY GIVEN that on March 6, 2012, the City of South Lake Tahoe City Council waived first reading (and read by title only) and referred to second reading and adoption at the March 20, 2012 City Council meeting. The following summary has been prepared by the City Attorney, as follows: Purpose of Amendment The Ordinance of the City of South Lake Tahoe City Council Amending City Code Chapter 18 - Offenses, By Adding Article XII - DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS declares certain psychoactive drugs, commonly produced, distributed and used under the titles of "bath salts" and "herbal incenses," to be a violation of the City Code of the City of South Lake Tahoe. The Ordinance defines the. drugs by listing the most commonly used chemicals and names associated with such synthetic drugs; establishes that possession, distribution, and production of such drugs will be deemed an infraction or misdemeanor punishable at law; and assigns civil penalties in the amount of $1,000 a day for the possession, distribution and production of such synthetic drugs. A copy of said proposed ordinance is available in its entirety for review in the City Clerk's Office located at 1901 Airport Rd, South Lake Tahoe, California or via the March 6, 2012 City Council agenda packet (Agenda Item New Business a) available on City's website at SUSAN ALESSI, CITY CLERK CITY OF SOUTH LAKE TAHOE 1901 AIRPORT ROAD SOUTH LAKE TAHOE, CA (530) NOTE TO TAHOE DAILY TRIBUNE ONLY: WEDNESDAY, March 14,2012. THANK YOU. PLEASE PUBLISH ONE TIME ON