HomeMy WebLinkAboutCC ORD 2000-2176 Adds Ch. 10.21, possession of Clonazepam (Repealed by 2252)ORDINANCE NO. 2000 — 2176
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE NATIONAL CiTY
MUNICIPAL CODE BY ADDING CHAPTER 10.21
AND SECTIONS 10.21.010 THROUGH 10.21.070,
ALL PERTAINING TO RESTRICTING
POSSESSION OF CLONAZEPAM
WHEREAS, during the 1984 Legislative session, the California Legislature
amended Health and Safety Code Section 11357, Possession for Sale or Sale of Designated
Controlled Substances, which had the unintended legal effect of making simple possession of
several substances, including Clonazepam, legal; and
WHEREAS, an increasing number of drug -facilitated sexual assaults are being
reported in the vicinity of the City of National City; and
WHEREAS, the drug Clonazepam has been linked to drug -facilitated sexual
assaults, and is readily available without a prescription in Mexico; and
WHEREAS, the administration of Clonazepam is difficult to detect, causes
amnesia, and makes a person vulnerable to sexual or physical assault; and
WHEREAS, the onset of the effects of Clonazepam may occur within minutes, at
which time a victim often loses track of events, later waking up in an unfamiliar environment,
inappropriately clothed and having been sexually assaulted; and
WHEREAS, currently there is no law in the City of National City that prohibits
simple possession of Clonazepam without a prescription, and immediate legislative action is
therefore needed to protect the safety of the citizens of the City of National City;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City, as follows:
Section 1. That Title 10 of the National City Municipal is hereby amended by adding
Chapter 10.21 and Sections 10.21.010 through 10.21.070, to read as follows:
CHAPTER 10.210
POSSESSION OF CLONAZEPAM
Sections:
10.21.010 Purpose.
10.21.020 Definitions.
10.21.030 Prohibitions on possession.
10.21.040 Enforcement authority.
10.21.050 Enforcement and remedies.
10.21.060 Strict liability offense.
10.21.070 Repeals.
Section 10.21.010 Purpose. The City Council of the City of National City
finds and declares that:
A. There are documented police reports of Clonazepam being used to facilitate
sexual assault.
B. Currently, there is no state law that prohibits mere possession of Clonazepam
without a valid prescription, and Clonazepam is readily and inexpensively available in Mexico.
C. There is a current threat to the public safety and welfare, in that abuse of
Clonazepam by juveniles and others facilitates other crimes due to its easy access, low price and
powerful effect.
D. Accordingly, until the Legislature enacts regulations restricting or prohibiting the
possession of Clonazepam, it is necessary to prohibit its possession without a prescription in
order to safeguard the public health, welfare and safety in the exercise of the City's police
powers.
Section 10.21.020 Definitions. "Clonazepam" means any drug, substance or
compound, whether legal or illegal, that contains Clonazepam, as described in California ilealth
and Safety Code Section 11O57(d)(6).
Section 10.21.030 Prohibitions on possession. Except as authorized by law
and as otherwise provided in subdivision (b) or Article 7 (commencing with Section 4211) of
Chapter 9 of division 2 of the Business and Professions Code, it is unlawful for any person to
possess Clonazepam or any substance that contains Clonazepam without a valid prescription.
Section 10.21.040 Enforcement authority. The Chief of Police is authorized
to administer and enforce the provisions of this Chapter. The City Attorney and the Chief of
Police respectively, may exercise any enforcement or prosecution powers provided in Title 1 of
this Code.
Section 10.21.050 Enforcement and remedies. Each violation of Section
10.21.030 is a misdemeanor punishable by a fine of S1,OOO, imprisonment for six months, or
both, under Section 1.20.010. The City Attorney may, in addition, also seek injunctive relief and
civil penalties in the Superior Court or pursue any other administrative remedy provided in Title
1 of this Code.
Section 10.21.060 Strict liability offense. Violations of this Chapter shall be
treated as strict liability offenses, regardless of intent.
Section 10.21.070 Repeal. Unless amended, this Chapter 10.21 shall be
automatically repealed and uncodified on the effective date of the enactment of State law
regulating or prohibiting possession of Clonazepam without a prescription.
2000 Ordinance
2
Restricting Possession of Clonazepam
Section 2. The City Clerk shall, upon the effective date following enactment of State
law regulating or prohibiting the possession of Clonazcpam, decodify this Chapter and cause its
removal from the Municipal Code.
PASSED and ADOPTED this 13th day of June, 2000.
ATI'EST:
APPROVED AS TO FORM:
George H. Eiser, 111
City Attorney
George H. Waters, Mayor
2000 Ordinance
3
Restricting Possession of C'Ionazepam
Passed and adopted by the Council of the City of National City, California, on June 13, 2000, by
the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE 11. WATERS
Mayor of the City of National City, California
City C -rk of the City . f National City, California
By:
Deputy
I IIERF,BY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
June 6, 2000, and on June 13, 2000.
I FURTHER CERTIFY TIIA'I' said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTIIER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2000-2176 of the City Council of the City of National City, passed and
adopted by the Council of said City on June 13, 2000.
City Clerk of the City of National City, California
13y:
Deputy