ORD 2010-29TOWN OF TROPHY CLUB
ORDINANCE NO. 2010-29
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XIV, ENTITLED "GENERAL OFFENSES",
TO CHAPTER 10 ENTITLED "PUBLIC SAFETY", PROHIBITING THE
USE ANDIOR POSSESSION OF CERTAIN SMOKING PRODUCTS AND
MATERIALS; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR THE ADDITION OF ARTICLE XIV TO CHAPTER 10
OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS;
PROHIBITING THE SALE, DELIVERY, USE OR POSSESSION OF
RESTRICTED SMOKING MATERIALS INCLUDING K-2; PROVIDING A
PURPOSE; RESTRICTING THE SALE, DELIVERY, OFFER, OR GIFT OF
RESTRICTED SUBSTANCES; RESTRICTING THE USE OR POSSESSION OF
RESTRICTED SMOKING MATERIAL; RESTRICTING THE USE OR
POSSESSION OF RESTRICTED SMOKING PARAPHERNALIA; PROVIDING
DEFENSES TO PROSECUTION; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER
10, ARTICLE XIV, SHALL BE GUILTY OF A CLASS C MISDEMEANOR
PUNISHABLE BY A PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) AND THAT EACH DAY THE VIOLATION IS
ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A
SEPARATE OFFENSE FOR EACH VIOLATION; PROVIDING A
SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club Texas, (hereinafter referred
to as the "Town Council"), has been provided with documentation from competent, well
recognized medical professionals and law enforcement officials of the growing presence of a
new and potentially dangerous substance affecting the public health, safety and welfare,
particularly the youth of the Town of Trophy Club, Texas (hereinafter referred to as the "Town");
and
WHEREAS, in response to these warnings, the Town Council has secured information
indicating that this threat is presented in the form of retail products sold or distributed as a
mixture of dried vegetation that when covered or mixed with certain specific chemicals,
produces the physiological and psychological effects of a controlled substance such as
marijuana; and
WHEREAS, such substances are competently reported to cause hallucinations,
vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor, numbness and
tingling, disorientation, loss of time awareness and, in some cases, tremors and seizures as
documented by the National Drug intelligence Center of the United States Department of Justice
in EWS Report 000006 issued May 18, 2010; and
WHEREAS, the medical evidence and treatment response and documentation of these
symptoms and events have been confirmed by Doctor Anthony J. Scalzo, the Medical Director
of the State of Missouri Poison Control Center in Special Newsletter Alert, Volume 4, Issue 1,
2010, issued by the Missouri Poison Control Center to the medical community; and
WHEREAS, the substances identified above are considered to be generally described
as synthetic cannabinoids or salvia divinorum (collectively referred to as "Substances") which
may be distributed , sold and marketed under such names as "K-2", "K-2 SUMMIT', "K-2 SEX''',
"GENIE", "DASCENTS", "ZOHAI". "SAGE", "SPICE", "KO KNOCK-OUT 2", "SPICE GOLD",
"SPICE DIAMOND"', "YUCATAN FIRE", "SOLAR FLARE". "PEP SPICE", "FIRE N' ICE", and
"SALVIA DIVINORUM," among others; and
WHEREAS, the Substances have not yet been designated as controlled substances
under the laws of the State of Texas or under the laws of the United States; and
WHEREAS, the Substances may be marketed as incense, but are commonly being
used as an alternative to marijuana which is an identified and documented controlled substance,
the sale and use of which is prohibited under the laws of the State of Texas and the United
States; and
WHEREAS, the synthetic cannabinoids may be presented under a variety of street
names but share common ingredients, including JWH-01 8 and JWH-073; and
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated Substances produce a very potent, intoxicating effect
which is estimated by the medical community to produce effects ranging from three to one
hundred times greater and more potent than tetrahydrocannabinol ("THC"), the active ingredient
in marijuana; and
WHEREAS, the Substances manifest all of the demonstrated attributes of substances
that deprive individuals of judgment, coordination and the ability to conduct themselves in a safe
and appropriate manner in modern society; and
WHEREAS, the available medical and law enforcement information on these
Substances indicates that individuals under the effects of these Substances may be a clear and
present danger to themselves and others; and
WHEREAS, it is anticipated that the Texas Legislature will consider appropriate
regulation of these type of commodities in its upcoming legislative session, but that it is
essential for the Town Council to impose some type of reasonable restriction on these products
until a state-wide regulatory system may be properly implemented ; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, has determined
that the following regulation is necessary in order to protect public health, safety, and welfare.
Ordinance 2010-29
(File 10 2010-571)
2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT -ADOPTION OF ARTICLE XIV OF CHAPTER X
2.01 Article XIV entitled "General Offenses" of Chapter 10 entitled "Public Safety" of
the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall read in
its entirety as follows:
"Section 14.01 Definitions.
A. Person means an individual or individuals, a sole proprietorship, a corporation, a
partnership, a wholesaler, a retailer, an association, or any other legal entity .
B. Restricted Smoking Material means any substance, however marketed or sold and
regardless of product name, which can reasonably be converted for smoking purposes
whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes
any of the following chemicals or a comparable chemical:
(1) Salvia divinorum or salvinorin 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) 2-[( 1 R, 3S)-3-hyd roxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as
CP47,497) and homologues ;
(3) (6aS, 1 OaS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7 ,10,1 Oa
tetrahydrobenzo[c]chromen-1-01 (also known as HU-211 or Dexanabinol);
(4) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
(5) 1-butyl-3-( 1-naphthoyl)indole (also known as JWH-073); or
(6) 1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
C. Restricted Smoking Material Paraphernalia means any paraphernalia, equipment or
utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials ,
including without limitation the following:
(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen,
permanent screen, hashish head, or punctured metal bowl;
Ordinance 2010-29
(File ID 2010-571)
3
(2) A water pipe;
(3) A carburetion tube or device;
(4) A smoking or carburetion mask ;
(5) A chamber pipe ;
(6) A carburetor pipe;
(7) An electric pipe ;
(8) An air-driven pipe;
(9) A chillum;
(10) A bong; or
(11) An ice pipe or chiller.
Section 14.02. Purpose -Restricted Smoking Materials Prohibited.
The purpose of this Article is to prohibit the possession , sale, use, or delivery of Restricted
Smoking Materials within the Town of Trophy Club , Texas. Any form of delivery of a
Restricted Smoking Material, including without limitation, a gift of such Restricted Smoking
Material shall constitute a violation of this Article .
Restricted Smoking Material is currently being marketed under the following commercial
names: "K-2", "K-2 Summit", "K-2 Sex", "Genie", "Dascents", "Zohai", "Sage", "Spice", "KO
Knock-Out 2", "Spice Gold", "Spice Diamond", "Yucatan Fire", "Solar Flare", "Pep Spice",
"Fire N' Ice", And "Salvia Divinorum ". All such products are expressly designated as
Restricted Smoking Materials .
Section 14.03. Sale, Delivery, Offer, or Gift.
It shall be unlawful for a Person to intentionally, knowingly, or recklessly sell, offer to sell,
deliver, or give any Restricted Smoking Material to any Person.
Section 14.04. Use or Possession of Restricted Smoking Material.
It shall be unlawful for any Person to intentionally, knowingly , or recklessly possess or use
Restricted Smoking Materials within the Town of Trophy Club .
Section 14.05. Use or Possession of Restricted Smoking Paraphernalia.
A. It shall be unlawful for a Person to intentionally, knowingly, or recklessly possess any
Restricted Smoking Paraphernalia with the intent to use , to ingest, to inhale or to otherwise
consume such Restricted Smoking Material.
Ordinance 2010-29
(File 102010-571)
4
B. It shall be a violation of this Article, if a Person intentionally, knowingly, or recklessly
possesses any Restricted Smoking Paraphernalia and appropriate forensic testing identifies
that a trace or other amount of Restricted Smoking Material is present on or in the Restricted
Smoking Paraphernalia.
Section 14.06. Defenses to Prosecution.
A. It shall be a defense under this Article if the possession, sale , use, or delivery of the
Restricted Smoking Material is at the direction of or under a prescription issued by a
licensed physician or dentist authorized to prescribe controlled substances within the State
of Texas.
B. It shall be a defense under this Article if a Person charged with a violation provides
proper and complete historic documentation that the use of Restricted Smoking Materials is
part of a religious undertaking or activity of a religious denomination in which they have long
standing historic membership supported by documentation from clergy or spiritual leader
recognized by the State of Texas."
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect. Nothing
contained herein shall be construed to conflict with the Texas Controlled Substance Act,
as amended, or any other state and/or federal law governing the same.
Ordinance 2010-29
(File ID 2010-571)
5
SECTION 5.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as
to any and all violations of the provisions of any Ordinances that have accrued at the
time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person-violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 18th day of October 2010
/ad« 2&
C'onnie White, Mayor
Town of Trophy Club, Texas
Ordinance 2010-29
(File ID 2010-571)
6
[SEAL]
ATTEST:
Sh a'nnon DePrater;-tnterim Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Ordinance 2010-29
(File ID 2010-571)
7