HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-023Temp. Ord. #2263
August 29, 2012
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING
PART II OF THE CITY'S CODE OF ORDINANCES ("CITY CODE"),
CHAPTER 13, ENTITLED, "MISCELLANEOUS OFFENSES", BY
CREATING SECTION 13-24 TO BE ENTITLED `SALE OR DISPLAY OF
LOOSE LEAF GRANULAR INCENSE AND BATH SALTS"; PROVIDING
FOR DEFINITIONS; PROHIBITING THE SALE OF LOOSE LEAF
GRANULAR INCENSE AND BATH SALTS; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, new substances are being created which are not controlled by
federal or state law but which have a potential for abuse similar to or greater than that
for controlled substances; and
WHEREAS, a wide variety of herbal or chemical mixtures are designed to mimic
the effects of illegal drugs and narcotics; and
WHEREAS, in 2012, the Florida Legislature enacted Ch. 2012-23, Laws of
Florida, thereby amending Section 893.03, F.S., to include known synthetic
cannabinoids, bath salts, and related substances to the list of controlled substances;
and
WHEREAS, the Drug Enforcement Administration ("DEA") recognizes that
synthetic cannabinoids constitute an immediate hazard to public safety; and
WHEREAS, the DEA has found that numerous products marketed under the
guise of being "Herbal Incense" are distributed in a way that poses dangerous
consequences to the consumer; and
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August 29, 2012
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WHEREAS, products known as Bath
Salts, or
what
is known as synthetic
cathinones, are used to mimic amphetamines,
cocaine,
LSD,
and MDMA ("Ecstasy");
and
WHEREAS, synthetic cathinones have been regulated by the DEA whereas
some identified substances have been determined to be potentially extremely harmful
and poses an imminent hazard to public safety; and
WHEREAS, in 2010, the American Association of Poison Control Centers
("AAPCC") received 2,906 calls relating to exposures to synthetic marijuana and 304
calls relating to exposure to Bath Salts; and
WHEREAS, in 2011, the AAPCC received 6,959 calls relating to exposures to
synthetic marijuana and 6,138 calls relating to exposure to Bath Salts; and
WHEREAS, as of June 2012, the AAPCC has received 3,372 calls relating to
exposures to synthetic marijuana and 1,717 calls relating to exposure to Bath Salts; and
WHEREAS, the University of Michigan Institute for Social Research in
"Monitoring the Future, National Results on Adolescent Drug Use, Overview of Key
Findings 2011" found that 11.4% of high school seniors indicated use of synthetic
marijuana; and,
WHEREAS, the National Conference of State Legislatures has found that forty-
three (43) states have outlawed specific versions of synthetic marijuana or Bath Salts,
but minor variations in the chemical composition of these products create similar drugs
not prohibited by current legislation; and,
WHEREAS, in the January 2012 issue of "Orthopedics," Dr. Russell Russo,
M.D., wrote that Bath Salts have no legitimate use for bathing and are intended only for
Temp. Ord. #2263
August 29, 2012
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substance abuse and that use of such synthetic cathinones may lead to serious and life
threatening medical conditions; and,
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City to prohibit the sale of
synthetic marijuana, Bath Salts, and related substances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Chapter 13 of the City's Code of Ordinances, entitled "Miscellaneous
Offenses," shall be amended by specifically creating Section 13-24, to be entitled, "Sale or
Display of Herbal Incense and Bath Salts", as follows:
Sec. 13-24 — Sale or Display of Loose Leaf Granular Incense.
(A) Definitions. For purposes of this section, the followinq definitions shall apply
unless the context clearly indicates or requires a different meaning:
1) "Loose leaf granular incense" shall mean any aromatic plant material
containing anV chemical compound,_s nthetic or natural which imitates
the effects of anV controlled substance in granular loose leaf, or powder
form which may be used or converted into a form intended for introduction
into the human bod
2) "Bath Salts" shall mean any product or material sold in powder, block, or
granular form containing any chemical compound, synthetic or natural
which imitates the effect of any controlled substance which may be used
or converted into a form intended for introduction into the human body.
(B) Sale or Display Prohibited. It is unlawful for any gerson to sell or display or
otherwise transfer in a retail setting loose leaf granular incense or Bath Salts as
defined by this section, within the City.
(C) Enforcement. This section may be enforced by any law or code enforcement
officer of the City. Any loose leaf granular incense or Bath Salts as defined b
Temp. Ord. #2263
August 29, 2012
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the section may be seized and held by the City as evidence to be used in an
further proceeding.
(D) Penalties for violation. Any person found violating this section shall be subject to
a fine of up to $250 per day for the first occurrence, and up to $500 per day for
each additional occurrence in accordance with Section 2-73.07 and 2-73.08 of
the City Code.
Section 3. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to
"Section," "Article," or such other word or phrase in order to accomplish such intention.
Section 4. Severability. If any clause, section, or other part of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting
the validity of the other provisions of this Ordinance.
Section 5. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith, be and the same are hereby repealed to the
extent of such conflict.
Section f. Effective Date. This Ordinance shall take effect immediately upon its
adoption.
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Temp. Ord. #2263
August 29, 2012
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PASSED ON FIRST READING BY THE CITYCOMMISSION OF THE CITY OF
TAMARAC, FLORIDA, THIS y' DAY OF 2012.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY
COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS.` DAY OF
92012.
1
BY:
ATT T: MAYOR BETH TALABISCO
' PETER RICHAR ON, CRM, C C
7
CITY CLERK
RECORD OF COMMISSION VOTE: First Reading
MAYOR TALABISCO' ' .s
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER=
DIST 4: COMM. DRESSLERp,
j
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: Second Reading
f MAYOR TALABISCO
DIST 1 COMM. BUSHNELLf=-
'--
SAMUEL S. GOREN DIST 2: COMM. GOMEZ `- F
CITY ATTORNEY DIST 3: VICE MAYOR GLASSER`
DIST 4: COMM. DRESSLER '#'''
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