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HomeMy WebLinkAboutCC ORD 2010-2337 Amend Title 9 Sale or Distribution of Salvia Divinorum or Salvinorin A to People Over 18 Years of AgeORDINANCE NO. 2010 — 2337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.39 PERTAINING TO THE SALE OR DISTRIBUTION OF SALVIA DIVINORUM OR SALVINORIN A TO PEOPLE OVER 18 YEARS OF AGE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.39 to read as follows: Chapter 9.39 SALE OR DISTRIBUTION OF SALVIA DIVINORUM OR SALVINORIN A TO PEOPLE OVER 18 YEARS OF AGE Sections: 9.39.010 Definitions. 9.39.020 Prohibited. 9.39.030 Violations. 9.39.010 Definitions. "Salvia Divinorum" is a species of the sage family of plants and contains hallucinogenic ingredients. "Salvinorin A", also called Divinorin A, has been identified to be the active constituent of Salvia Divinorum that is responsible for the hallucinogenic effects of the herb. 9.39.020 Prohibited. Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia Divinorum or Salvinorin A, or any substance or material containing Salvia Divinorum or Salvinorin A, to any person over 18 years of age, is guilty of a misdemeanor. 9.39. 030 Violations. A violation of any provision of this Chapter or a failure to comply with any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of this Code, and may be enforced through injunctive relief or other relief available by law. Such violation is punishable by imprisonment in the county jail for not to exceed six months, or by a $1,000 fine, or by both such fine and imprisonment. PASSED and ADOPTED this 20th day o I, 2010. ATTEST: A Michael R. Dalla,'City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: George H.tiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 20, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California City al City, California CI rk of the City of ation Deputy I HEREBY 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 April 6, 2010 and on April 20, 2010. I FURTHER CERTIFY THAT 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 FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2010-2337 of the City Council of the City of National City, passed and adopted by the Council of said City on April 20, 2010. By: City Clerk of the City of National City, California Deputy