HomeMy WebLinkAbout09-15-2015 Item 13 - Ordinance No. 1622 - Second Reading
Meeting Date: 9/15/2015
FROM: Keith Storton, Acting Chief of Police
Prepared By: John Bledsoe, Police Lieutenant
SUBJECT: ORDINANCE NO. 1622 (SECOND READING) – ADDING CHAPTER 9.09
OF THE MUNICIPAL CODE PROHIBITING THE POSSESSION, DISPLAY
AND SALE OF SYNTHETIC DRUGS
RECOMMENDATION
Adopt Ordinance No. 1622 (2015 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California, adding Chapter 9.09 to the San Luis Obispo Municipal Code
prohibiting the possession, display and sale of synthetic drugs.”
DISCUSSION
On September 1, 2015, the City Council voted unanimously to introduce Ordinance No. 1622 to
add Chapter 9.09 to the San Luis Obispo Municipal Code to prohibit the possession, display, and
sale of synthetic drugs.
Ordinance No. 1622 (2015 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage (Attachment A).
ALTERNATIVES
1. The Council may decide not to adopt an ordinance prohibiting the sale and possession of
bath salts and spice products in our community.
2. The Council could continue final adoption of the proposed amendment and provide
direction to staff for research and revisions, which would require re-introduction of the
ordinance.
Attachments:
a - Spice Ordinance
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ORDINANCE NO. 1622 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING CHAPTER 9.09 TO THE SAN LUIS
OBISPO MUNICIPAL CODE PROHIBITING THE POSSESSION,
DISPLAY AND SALE OF SYNTHETIC DRUGS
WHEREAS, California State Law, through Health & Safety Code Sections 11357.5 and
11375.5, prohibits the sale or any other distribution of certain synthetic drugs often marketed as
“bath salts” or “incense;” and
WHEREAS, according to the National Institute on Drug Abuse (“NID A”), synthetic
cannabinoid compounds or synthetic cannabinoid derivative products (hereinafter “psychoactive
herbal incense”) contain dried, shredded plant material and chemical additives that are
responsible for psychoactive (mind-altering) effects, including extreme anxiety, paranoia, and
hallucinations. In addition, there is an emerging family of drugs commonly referred to as “bath
salts” or “psychoactive bath salts” that contain one or more chemicals relating to cathinone, an
amphetamine-like stimulant found naturally in the Khat plant. Some users of psychoactive bath
salts may experience euphoria and increased sociability, while others experience paranoia,
agitation, hallucinatory delirium, and psychotic and violent behavior, with deaths being reported
in several instances; and
WHEREAS, because the chemicals in psychoactive herbal incense have a high potential
for abuse and no medical benefit, the Drug Enforcement Administration (“DEA”) has designated
the five active chemicals most frequently found in psychoactive herbal incense as Schedule I
controlled substances, making it illegal to sell, buy, or possess them under federal law. In July
2012, President Obama signed the Synthetic Drug Abuse Prevention Act of 2012, which
permanently placed a number of chemicals found in psychoactive herbal incense and
psychoactive baths salts into Schedule I of the Controlled Substances Act. On April 12, 2013, the
DEA used its emergency scheduling authority to schedule three more types of synthetic
cannabinoids, temporarily designating them as Schedule I substances; and
WHEREAS, according to NIDA, psychoactive herbal incense products are popular
among young people and, of the illicit drugs used by high school seniors, psychoactive herbal
incense is second only to marijuana; and
WHEREAS, the City Council hereby finds that many communities in California have
recognized the danger of synthetic drugs, such as psychoactive herbal incense and psychoact ive
bath salts, which have been documented to cause hallucinations, agitation, psychosis, aggression,
suicidal and homicidal ideations, cannibalism and death; and
WHEREAS, while state and federal law prohibit certain compounds that are used to
create synthetic drugs, state and federal law are not comprehensive enough to eliminate the
distribution and sale of all synthetic drugs in the City. Specifically, the City Council finds that
the makers of synthetic drugs continually alter the composition of the compounds in their
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Ordinance No. 1622 (2015 Series) Page 2
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products so as to not come under the purview of state and federal law and other laws and
regulations attempting to prohibit the sale of synthetic drugs.
WHEREAS, while the question of whether a given product is being distributed or sold
for use as a recreational drug must be determined on a case-by-case basis, the City Council finds
that the following evidentiary factors are helpful in determining whether a given product is in
fact a synthetic drug:
1. Marketing: Synthetic drugs are rarely, if ever, suitable for their marketed uses. For
example, a synthetic drug in the form of a powder might be marketed as “glass cleaner,” even
though the powder cannot reasonably be used to clean glass.
2. Sales Location: Synthetic drugs are typically sold in liquor stores, smoke shops and gas
stations, yet synthetic drugs are marketed as products that are not typically sold by these
businesses. For example, synthetic drugs are often marketed as bath salts, spice, incense,
potpourri, skin treatments, cleaning products and plant food; however, these types of products
are typically not sold in liquor stores, smoke shops or gas stations.
3. Warning Labels: Synthetic drugs often use warning labels such as: “not for human
consumption” and “not for purchase by minors.” Bona fide bath salts, incense, cleaning products
and the like do not typically bear such labels. Of particular relevance are labels that indicate a
given product does not contain chemical compounds banned by state law, which bona fide bath
salts, incense, cleaning products and the like would not have any reason to advertise.
4. Price: Synthetic drugs are typically more expensive than products that are used for a
synthetic drug’s marketed use. For example, a synthetic drug marketed as “glass cleaner ” might
be priced at $50.00 for an eighth of an ounce, while bona fide glass cleaner is priced at
approximately $5.00 for 26 ounces.
5. Similarity to Illicit Street Drugs: Synthetic drugs often resemble illicit street drugs and/
or use brand names and packaging that are designed to make the product appear similar to illicit
street drugs. For example, many synthetic drugs are sold as white powders packaged in vials
(resembling cocaine) or dyed green to appear similar to marijuana. Additionally, brand names
are often similar to street slang for illicit drugs and have no relation to the products that are
purportedly being sold. These brand names are always changing, but include "Eight Ballz,"
"Spice," "Black Mamba," "K-2," "Puff," "Sugar Sticks," "Green Buddha," "Diablo Botanical
Incense," "Scooby Snax Potpourri," "Grape Ape Herbal Incense," "Aurora Incense," "Three
Monkey Incense," "Mr. and Mrs. Marley," "Cloud 9 Incense," and a group of synthetic drugs
marketed as from "The Spice Guy"; and
WHEREAS, to avoid the continuing threat to public health, safety and welfare that
would occur if synthetic drugs were permitted in the City, the City Council finds it necessary to
declare that an individual or business that possesses synthetic drugs is a threat to the public
health, safety and welfare and is therefore subject to the City's administrative, criminal and civil
enforcement procedures, and in the case of a business, revocation of a business license; and
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Ordinance No. 1622 (2015 Series) Page 3
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WHEREAS, by enacting this Ordinance, the City ordains that nothing herein shall be
deemed to conflict with federal law, including but not limited to its treatment of controlled
substances, state law, including but not limited to Health and Safety Code Section 11357.5 and
Section 11375.5, or to license any activity that is prohibited thereunder except as mandated by
such laws. This ordinance shall not apply to any activity already regulated by Health and Safety
Code Sections 11357.5, 11375.5, 11401, the federal Controlled Substances Act or pre-empted by
any state or federal law or regulation; and
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings. The above recitals are incorporated as the findings of the Council
as though set forth in this section.
SECTION 2. Amendment. Chapter 9.09 of the San Luis Obispo Municipal Code is hereby
added to read as follows:
Chapter 9.09 - PSYCHOACTIVE HERBAL INCENSE, PSYCHOACTIVE BATH SALTS
AND OTHER SYNTHETIC DRUGS
Sections:
9.09.010 - Purpose and intent
9.09.020 - Definitions
9.09.030 - Provision, display for sale, sale or distribution of synthetic drugs prohibited
9.09.040 - Provision, display for sale, sale or distribution of substances claimed or represented to
be synthetic drugs prohibited
9.09.050 - Possession of synthetic drugs prohibited
9.09.060 - Public nuisance
9.09.070 - Confiscation of synthetic drugs
9.09.080 - Revocation of business license
9.09.090 - Penalties
9.09.100 - Seizure of evidence
9.09.110 - Exclusions
9.09.010 - Purpose and intent
Recreational use of psychoactive herbal incense, psychoactive bath salts and similar
products known as "synthetic drugs" has been documented to cause hallucinations, agitation,
psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. While state and
federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually
alter the composition of the compounds in their products so as to escape the purview of these
laws and regulations.
It is the purpose and intent of this chapter to prohibit the sale or possession of psychoactive
herbal incense and psychoactive bath salts, as those terms are defined herein, in the city to
protect and preserve the public peace, safety, health, and welfare of those within the cit y and to
provide the city with reasonable measures to address the dangers to the community posed by
synthetic drugs, including those not regulated by state or federal law. Nothing in this chapter
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shall be construed to cease or limit or encroach in any way upon any field of law occupied by
federal law or by the laws of the State of California.
9.09.020 - Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
"Business" shall have the same meaning as the term is defined in Section 5.01.103.
"Consume," "consuming" or "consumption" shall mean to ingest, inhale, inject, smoke or
snort (insufflate).
"Distribute," "distributing" or "distribution" shall mean to furnish, give away, exchange,
transfer, deliver or supply, whether for monetary gain or not.
"Person" shall include any natural person, business, firm, company, corporation, public
corporation, club, trust, partnership, association or similar organization.
"Possess," "possessing" or "possession" shall mean to have for consumption, distribution or
sale in one's actual or constructive custody or control, or under one's authority or power,
whether such custody, control, authority or power be exercised solely or jointly with others.
"Provide," "providing" or "provision" shall mean offering to distribute or sell a product or
substance to any person.
"Psychoactive bath salts" shall mean any crystalline or powder product that contains a
synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic
stimulant effects. The term "psychoactive bath salts" includes without limitation:
A. Products that elicit psychoactive or psychotropic stimulant effects and contain any of
the following intoxicating chemical compounds:
1. Salvia Divinorum or Salvinorum A; all parts of the plant presently classified
botanically as Salvia Divinorum, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts
derivative, mixture or preparation of such plant, its seeds or extracts;
2. Cathinone (2-amino-1-phenyl-1-propanone), 4- methylmethcathinone (2-
methylamino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-
methoxyphenyl)-2-(methylamine)propan-1-one), MDPV
(methylenedioxypyrovalerone), MDMA (3, 4- methylenedioxy-N-
methylamphetamine), methylene (3,4-methylenedioxy- N-methylcathinone),
methcathinone (2-(methylamino)-1-phenyl-propan-1- one), flephedrone (4-
fluoromethcathinone), 3-FMC (3- fluoromethcathinone), ethcathinone (2-
ethylamino-1-phenyl-propan-1-one), butylone (β-keto-N-
methylbenzodioxolylbutamine), a-PPP (a- pyrrolidinopropiophenon), MPPP (4-
methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'-methylenedioxy-a-
pyrrolidinopriopiophenone), a-PVP (1- phenyl-2-(1-pyrrolidinyl)-1-pentanone) or
naphyrone (1-naphthalen-2-yl-2- pyrrolidin-1-ylpentan-1-one), 6-APDB
(6(2aminopropyl)2,3 dihydrobenzo-furan), and analogs of MDA (3,4-
methylenedioxymethamphetamine);
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3. Any derivative of the above listed intoxicating chemical compounds;
4. Any synthetic substance and its isomers with a chemical structure similar to the
above listed compounds;
5. Any chemical alteration of the above listed intoxicating chemical compounds; or
6. Any other substantially similar chemical structure or compound; and
B. Products that elicit psychoactive or psychotropic stimulant effects and are marketed
under any of 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.
The term "psychoactive bath salts" shall not include any product, substance, material, compound,
mixture or preparation that is specifically excepted by the California Uniform Controlled
Substances Act ("UCSA") (Health and Safety Code §§ 11000 et seq.), listed in one of the
UCSA's schedules of controlled substances (Health and Safety Code §§ 11053-11058), regulated
by one of the UCSA's Synthetic Drug Laws (Health and Safety Code §§ 11357.5, 11375.5 and
11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 USC §§ 801 et
seq.) or approved by the Food and Drug Administration ("FDA").
"Psychoactive herbal incense" shall mean any organic product consisting of plant material that
contains a synthetic stimulant compound that, when consumed, elicits psychoactive or
psychotropic euphoric effects. The term "psychoactive herbal incense" includes without
limitation:
A. Products that elicit psychoactive or psychotropic euphoric effects and contain any of the
following chemical compounds:
1. Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-
yl)phenol), JWH-018 (naphthalene-1-yl-(1-pentylindol-3-yl)methanone), JWH-073
(napththalen-1-yl -(1-butylindol-3-yl)methanone), JWH-200 ((1-(2-morpholin-4-
ylethyl)indol-2-yl)-naphthalen-1-ylmethanone), HU-210 or 1.1-dimethylheptyl-11-
hydroxy-delta8-tetrahydrocannabinol) ((6aR,10aR)-9- (Hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol),
CP 47, 497 (2-[(1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and
the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP 47,497 (2-
[1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) or AM-2201 (1-[(5-
fluoropentyl)-1H-indol-3-yl]-(napthalen-1-yl)methanone), 1-Pentyl-3 (2-
methoxyphenylacetyl)indole (also known as JWH-250), 1-Hexyl-3-(1-
naphthoyl)indole (also known as JWH-019), 1-Pentyl-3-(4-chloro-1-
naphthoyl)indole (also known as JWH-398), N-benzylpiperazine (also known as
BZP), 1-(3-trifluoromethylphenyl)piperazine (also known as TFMPP);
2. Any derivative of the above listed intoxicating chemical compounds;
3. Any synthetic substance and its isomers with a chemical structure similar to the
above listed intoxicating chemical compounds;
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4. Any chemical alteration of the above listed intoxicating chemical compounds;
5. Any other substantially similar chemical structure or compound; or
6. Any other synthetic cannabinoid.
B. Products that elicit psychoactive or psychotropic euphoric effects and are marketed
under any of the following names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice
99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue,
Serenity, and Fake Weed.
The term "psychoactive herbal incense" shall not include any product, substance, material,
compound, mixture, or preparation that is specifically excepted by the UCSA (Health and Safety
Code §§ 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health
and Safety Code §§ 11053—11058) regulated by one of the USCA's Synthetic Drug Laws
(Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC §§
801 et seq.) or approved by the FDA.
"Psychoactive" or "psychotropic stimulant effects" shall mean affecting the central nervous
system or brain function to change perception, mood, consciousness, cognition or behavior in
ways that are similar to the effects of cocaine, methylphenidate or amphetamines.
"Psychoactive" or "psychotropic euphoric effects" shall mean affecting the central nervous
system or brain function to change perception, mood, consciousness, cognition or behavior in
ways that are similar to the effects of cannabis.
"Sell," "selling" or "sale" shall mean to furnish, exchange, transfer, deliver or supply for
monetary gain.
"Synthetic drug" shall include psychoactive bath salts and psychoactive herbal incense, as those
terms are defined hereinabove.
9.09.030 - Provision, display for sale, sale or distribution of synthetic drugs prohibited
A. It is unlawful for any person to store, provide, display for sale, distribute or sell any
synthetic drug within the City of San Luis Obispo.
B. It is unlawful for any person to permit the storage, provision, display for sale, distribution or
sale of any synthetic drugs from any real property owned, possessed, managed or controlled
by such person in the City of San Luis Obispo.
C. Merely disclaiming a synthetic drug as "not safe for human consumption" will not avoid the
application of this section.
9.09.040 - Provision, display for sale, sale or distribution of substances claimed or
represented to be synthetic drugs prohibited
A. It is unlawful for any person to claim or represent that a product that person is storing,
providing, displaying for sale, distributing or selling is a synthetic drug within the City of
San Luis Obispo.
B. To determine if a person is claiming or representing that a product is a synthetic drug, the
enforcing officer may consider any of the following evidentiary factors:
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1. The product is not suitable for its marketed use (such as a crystalline or powder product
being marketed as "glass cleaner");
2. The business providing, displaying for sale, distributing or selling the product does not
typically provide, distribute or sell products that are used for that product's marketed use
(such as a liquor store selling "plant food");
3. The product contains a warning label that is not typically present on products that are
used for that product's marketed use (such as "not for human consumption," "not for
purchase by minors," or "does not contain chemicals banned by Section 11357.5");
4. The product is significantly more expensive than products that are used for that
product's marketed use (such as half of a gram of a substance marketed as "glass
cleaner" costing fifty dollars);
5. The product resembles an illicit street drug (such as cocaine, methamphetamine or
marijuana); or
6. The product's name or packaging uses images or slang referencing an illicit street drug
(such as "Eight Ballz" or "Green Buddha").
C. Merely disclaiming a substance claimed or represented to be a synthetic drug as "not safe for
human consumption" will not avoid the application of this section.
9.09.050 - Possession of synthetic drugs prohibited
It is unlawful for any person to possess any synthetic drug within the City of San Luis
Obispo.
9.09.060 - Public nuisance
A. It is a public nuisance for any person to store, provide, display for sale, distribute or sell any
synthetic drug, or any substance claimed or represented to be a synthetic drug, within the
City of San Luis Obispo.
B. It is a public nuisance for any person to allow the storage, provision, display for sale,
distribution or sale of any synthetic drug, or any substance claimed or represented to be a
synthetic drug, on property owned, controlled or managed by such person within the City of
San Luis Obispo.
C. To determine if a person is claiming or representing that a substance or product is a
synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in
Section 9.09.040
D. A criminal conviction is not required for establishing the occurrence of nuisance activity
pursuant to this chapter. The occurrence of nuisance activity may be established by
documented evidence that the nuisance activity was witnessed by a code enforcement
officer, peace officer or other witness willing to testify.
9.09.070 - Confiscation of synthetic drugs
Because the use of synthetic drugs has been documented to cause hallucinations,
agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any
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violation of this chapter presents a grave and imminent danger not only to the person consuming
the synthetic drug, but also to the public at large. Any police officer who issues a criminal
citation under this chapter shall confiscate any synthetic drugs and store them, pending the
conclusion of the criminal case.
9.09.080 - Revocation of business license
No person holding a city business license and owning or operating a business in the city may
use that business to store, provide, distribute or sell any synthetic drug or any substance claimed
or represented to be a synthetic drug. A violation of this section by the holder of a city business
license shall constitute grounds for modification, suspension, revocation, or any combination
thereof, of said license.
9.09.090 - Penalties
A. Misdemeanor Violation. Failure to comply with any of the requirements of this chapter is
a misdemeanor punishable by imprisonment in the city or county jail for a period not
exceeding six months or by fine not exceeding one thousand dollars, or by both, provided
that where the city attorney determines that such action would be in the interest of justice,
he/she may specify in the accusatory pleading that the offense shall be an infraction.
B. Infraction Violation. Where the city attorney determines that, in the interest of justice, a
violation of this chapter is an infraction, such infraction is punishable by a fine not
exceeding one hundred dollars for a first violation, a fine not exceeding t wo hundred
dollars for a second violation of the same provision within one year, and a fine not
exceeding five hundred dollars for each additional infraction violation of the same
provision within one year.
C. The fine amounts set forth above may be modified, from time to time, by city council
resolution. In no event shall such fine amounts exceed the amounts authorized by state
law.
D. Each person committing, causing, or maintaining a violation of this chapter or failing to
comply with the requirements set forth herein shall be deemed guilty of a separate
offense for each and every day during any portion of which any violation of any
provision of this chapter is committed, continued, maintained, or permitted by such
person and shall be punishable accordingly.
E. In addition to the penalties provided in this section, any public nuisance under this
chapter may be abated by the city by civil process by means of a restraining order,
preliminary or permanent injunction or in any manner provided by law for the abatement
of such nuisance. The city shall also be entitled to recover its full reasonable costs of
abatement. The prevailing party in any proceeding associated with the abatement of a
public nuisance shall be entitled to recovery of attorneys' fees incurred in any such
proceeding, where the city has elected at the initiation of that individual action or
proceeding to seek recovery of its own attorneys' fees.
F. In lieu of issuing a criminal citation, the city may issue an administrative citation
pursuant to Chapter 1.16 to any person responsible for committing, causing or
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Ordinance No. 1622 (2015 Series) Page 9
O 1622
maintaining a violation of this chapter. Nothing in this section shall preclude the city
from also issuing a citation upon the occurrence of the same offense on a separate day.
G. The remedies set forth in this chapter are cumulative and additional to any and all other
legal remedies available whether set forth elsewhere in the San Luis Obispo Municipal
Code, or in state or federal laws, regulations, or case law.
9.09.100 - Seizure of evidence
Any product(s) or substance(s) possessed, stored, provided, distributed or sold in violation
of any provision of this chapter shall be seized by the enforcing officers and removed, stored and
disposed of in accordance with law.
9.09.110 - Exclusions
A. This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating
chemical compounds that have been approved by the federal Food and Drug Administration
or which are specifically permitted by California law, including without limitation,
intoxicating chemical compounds that are specifically excepted by the California Uniform
Controlled Substances Act (Health and Safety Code § 11000 et seq.).
B. This chapter shall not apply to drugs or substances that are prohibited by state or federal law,
including without limitation, California Health and Safety Code §§ 11357.5, 11375.5, 11401
and the Federal Controlled Substances Act.
C. This chapter shall not be deemed to prohibit any act that is positively permitted, prohibited
or preempted by any state or federal law or regulation.
SECTION 3. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days upon its
final passage as provided in section 36937 of the Government Code.
SECTION 5. Publication. The City Clerk will certify to the passage of this Ordinance by
the City Council of the City of San Luis Obispo, California and cause a summary of the same to
be published once within fifteen (15) days after its passage in a newspaper of general circulation,
printed, published and circulated in the City in accordance with Government Code section
36933.
SECTION 6. Inconsistency. To the extent that the terms or provisions of this Ordinance
may be inconsistent or in conflict with the terms or conditions of any prior City ordinance(s),
motion, resolution, rule, or regulation governing the same subject matter thereof, such
inconsistent and conflicting provisions of prior ordinances, motions, resolutions, rules and
regulations are hereby repealed.
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Ordinance No. 1622 (2015 Series) Page 10
O 1622
INTRODUCED on the 18th day of August, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2015, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
____________________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Anthony J. Mejia
City Clerk
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Newspaper of the Central Coast
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3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406 -0112 • (805) 781 -7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
-
OF
�is
AD # 1948382
omwo
CITY OF SAN LUIS OBISPO
ORDINANCE NO. 111622 (2015 Series)
OFFICE OF CITY CLERK
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO.
CALIFORNIA, ADDING CHAPTER 9.08
TO THE SAN LUIS OBISPO MUNICIPAL.
CODE PROHIBITING THE POSSESSION,
STATE OF CALIFORNIA
DISPLAY AND SALE OF SYNTHETIC
DRUGS
SS.
County of San Luis Obispo
NOTICE IS HEREBY GIVEN that the City
Ccuncll of the City of San Luis Obispo, Cali-
fornia, at Its Regular Meeting of September
1, 2015. Introduced the above titled ordl-
I am a citizen of the United States and a resident of the
nance upon a motion by'Councll Member
County aforesaid; I am over the age of eighteen and not
Carpenter, second by Council Member
Christianson, and on the following roll call
interested in the above entitled matter; I am now, and at
vote`
all times embraced in the publication herein mentioned
AYES: Council Member Carpenter, Chrlsfl•
was, the principal clerk of the printers and publishers of
anson, Rivoire, Vice Mayor Ashbaugh, and
Mayor Marx
THE TRIBUNE, a newspaper of general Circulation,
NOES: None
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
Oapinance fy_p, it322 (2015 Ser[e_s) -This Is
a City Ordinance to add Chapter 8.09 (Psy-
at which the annexed cli ins is a true co
pp g py, was
choacilve Herbal Incense, Psychoactive
Bath Sells and Other Synthetic Drugs) to
published in the above -named newspaper and not in any
the Municipal Code to ban the possession,
supplement thereof — on the following dates to wit;
display, and sale of synthetic bash sells
and synthetic marijuana or 'spice."
SEPTEMBER 9, 2015 that said newspaper was duly and
A full and complete copy of the aforemen-
regularly ascertained and established a newspaper of
I Honed Ordinance Is available for Inspeollon
0 and copy in the City Clerk's Office, located
general circulation by Decree entered in the Superior
at 990 Palm Street, San Lull Obispo, Call_
Court of San Luis Obispo County, State of California, on
you may Dell (805)'781-7100 for
June 9, 1952, Case #19139 under the Government Code
more I
monfo rmatian.
of the State of California.
NOTICE IS HEREBY FURTHER GIVEN
that the City council of the City of San Luis
Obispo will consider adopting the afore-
I certify (or declare) under the penalty of perjury that the
mentioned Ordinance at its Regular Meet..
ing of September 15, 2015 at 6:00 p.m.,
foregoing is true and correct.
Which will be held in the Council Chamber,
located at 990 Palm Street, San Luis Obi-
spo, California.
Anthony J. Mejla
(Signs I of Principal Clerk)
City Clerk
3oplamber9,2015 1948392
DATED: SEPTEMBER 9, 2015
AD COST: $149.60
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