Ordinance 2010-14 �
ORDINANCE NO. 2010-14
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF WYLIE BY ADOPTING
ARTICLE IX (PROHIBITION OF ILLEGAL SMOKING MATERIAL) OF
CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE
WYLIE CODE OF ORDINANCES; ADOPTING SECTION 74-161(ILLEGAL
SMOKING MATERIALS: PURPOSE), SECTION 74-162 (SALE, DELIVERY,
OFFER, OR GIFT), SECTION 74-163 (USE OR POSSESSION OF ILLEGAL
SMOKING MATERIAL), SECTION 74-164 (USE OR POSSESSION OF
ILLEGAL SMOKING PARAPHERNALIA), AND SECTION 74-165
(DEFENSES TO PROSECUTION) TO CHAPTER 74 (OFFENSES AND
MISCELLANEOUS PROVISIONS) TO PROHIBIT THE SALE OR
DELIVERY OF ILLEGAL SMOKING MATERIALS TO PERSONS AND TO
PROHIBIT THE POSSESSION OF ILLEGAL SMOHING MATERIALS BY
PERSONS; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
�� WHEREAS, the City Council of the City of Wylie, Texas ("Citv 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 of the citizens, particularly the youth of the City of Wylie, Texas
("Wylie and
WHEREAS, in response to these warnings, the City Council has secured information
indicating that this threat is presented in the form of products sold or distributed as a mixture of dried
vegetation that when covered, sprayed 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 a Special Newsletter Alert, Volume 4, Issue l, 2010, by
`"�" the Missouri Poison Center to the medical community; and
Ordinance 2010-14
Ordinance Amending the Code of Ordinances,
Article IX of Chapter 74 Page 1
579618.v1
WHEREAS, the substances identified above are considered to be generally described as �'
synthetic cannabinoids or salvia divinorum 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"; and
WHEREAS, the substances identified above 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 described above 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 substances identified above may be presented under
a variety of street names but share common ingredients including JWH-018 and JWH-073; and
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated synthetic cannabinoids and salvia divinorum 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 THC, the active ingredient in
marijuana; and
WHEREAS, the substances indentified above manifest all of the demonstrated attributes of
substances that deprive persons 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 products
indicates that persons 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
municipality to impose some type of reasonable restriction on these products until a state wide
regulatory system may be properly implemented; and
WHEREAS, the City Council has investigated and determined that the risk posed by these
substances, creates a danger to the public health and safety that must be immediately addressed by
the adoption of a local ordinance to protect the interests of the citizens of Wylie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY �
OF WYLIE, TEXAS:
Ordinance 2010-14
Ordinance Amending the Code of Ordinances,
Article IX of Chapter 74 Page 2
579618.v1
� SECTION 1: Findin�s Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2 : Ado�ti Article IX (Prohibition of I11e g L al Smokin� Material) Section 74-161
( Definitions) Section 74 162 (Ille Smoking Materials• Pumose) Section 74-163 (Sale
Offer and Gift� Section 74 164 (Use or Possession of Ille�al Smokin� Materiall, Section 74-165
� Use or Possession of Illegal Smoki Paraphernalia) and Section 74-166 (Defenses to Prosecution
of Chapter 74 (Offenses and Miscellaneous Provisionsl of the Wvlie Code of Ordinances. Section
74-161 (Definitions), Section 74-162 (Illegal Smoking Materials: Purpose), Section 74-163 (Sale,
Delivery, Offer and Gift), Section 74-164 (Use or Possession of Illegal Smoking Material), Section
74-165 (Use or Possession of Illegal Smoking Paraphernalia) and Section 74-166 (Defenses to
Prosecution) of Chapter 74 (Offenses and Miscellaneous Provisions) of Article IX (Prohibition of
Illegal Smoking Material) of the Wylie Code of Ordinances is hereby adopted as follows:
"ARTICLE XI. PROHIBITION OF ILLEGAL SMOKING MATERIAL
Section 74-161. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
�
CITY as used herein shall mean the City of Wylie, Texas.
ILLEGAL SMOKING MATERIAL shall mean any substance, however marketed, 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:
A. 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;
B, 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as
CP47,497) and homologues;
C. (6
tetrahydrobenzo[c]chromen-l (also known as HU-211 or Dexanabinol);
D. 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
�
E. 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
F. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081).
Ordinance 2010-14
Ordinance Amending the Code of Ordinances,
Article IX of Chapter 74 Page 3
579618.v1
Products containing some or all of the above substances are 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".
Any product containing any of the chemical compounds set forth above shall be subject to the
provisions of this Ordinance, regardless of whether they are marketed under alternative names.
ILLEGAL SMOHING MATERIAL PARAPHERNALIA shall mean any paraphernalia,
equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking
materials and may include, but is not limited to:
A. A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a
screen, permanent screen, hashish head, or punctured metal bowl;
B. A water pipe;
C. A carburetion tube or device;
D. A smoking or carburetion mask; �
E. A chamber pipe;
F. A carburetor pipe;
G. An electric pipe;
H. An air-driven pipe;
I. A chillum;
J. A bong; or
K. An ice pipe or chiller.
PERSON shall mean an individual, a group of two or more individuals, proprietorship,
corporation, partnership, wholesaler, association or other legal entity, or any licensed or unlicensed
business.
SMOKE or SMOHING as used herein shall mean and includes the carrying or holding of a �
pipe, cigar, cigarette, hookah, or water pipe of any kind which is burning, or the igniting of a pipe,
cigar, cigarette, hookah or water pipe of any kind which is burning.
Ordinance 2010-14
Ordinance Amending the Code of Ordinances,
Article IX of Chapter 74 Page 4
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�
Section 74-162. Illegal Smoking Materials: Purpose.
The purpose of this Section is to prohibit the sale or delivery of illegal smoking materials as
defined herein within the City limits of Wylie and to prohibit the possession of illegal smoking
materials within the City limits of Wylie. Any form of delivery to include a simple gift constitutes a
violation of this Ordinance.
Section 74-163. Sale, Delivery, Offer, or Gift.
It shall be unlawful for any person to sell, offer to sell, deliver to or to give any illegal
smoking material to any person.
Section 74-164. Use or Possession of Illegal Smoking Material.
It shall be unlawful for any person to have in their possession or to use illegal smoking
materials within the corporate limits of Wylie.
Section 74-165. Use or Possession of Illegal Smoking Paraphernalia.
.�...
It shall be unlawful for any person to have in their possession any illegal smoking
paraphernalia with the intent to use it, to ingest, inhale or otherwise consume illegal smoking
material. If a person is found in possession of this type of paraphernalia it will be a violation of this
Ordinance if appropriate forensic testing is done on the paraphernalia and traces of illegal smoking
material are present on the device.
Section 74-166. Defenses to Prosecution.
A. It shall be a defense to prosecution for a violation of this Section if the use of the
illegal smoking material is at the direction 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 to prosecution under the terms of this Section if any person
charged with a violation can provide proper and complete historic documentation that
the use of such materials is a portion 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 4 : Penaltv Provision. Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 00-11-01, as it exists
or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be
Ordinance 2010-14
Ordinance Amending the Code of Ordinances,
Article IX of Chapter 74 Page 5
579618.v1
fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation �"
under this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal
rights and remedies available to it pursuant to local, state and federal law.
SECTION 5: Savings/Re�ealin Cg lause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 6 : Severabilitv Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
The City hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 7 : Effective Date This Ordinance shall become effective immediately upon its
adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 24th day of August 2010.
�
���
Eric Hogue, May
ATTESTED TO AND APPROVED AS TO FORM:
CORRECTLY RECORDED �3Y:
p � �K
Ca le Ehrlich i y Secretary Abernathy Roeder Boyd & Joplin P.C.
Courtney A. Kuykendall, City Attorney
Date(s) ofPublication: �—�� ���U (Wylie Enterprise)
Ordinance 2010-14
Ordinance Amending the Code of Ordinances,
Article IX of Chapter 74 Page 6
579618.v1
,� �,�'r:� Media; •Inc. '
�Fje �armergbiCle �Girne� • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
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STATE OF TEXAS ��
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached:
City of Wylie
Ordinance No. 2010-14
was published in said newspaper on the Following dates, to-wit:
September 1, 2010
�
Chad Engbrock, Publisher
`�_'
Subscribed and sworn before me on this, the � day of �, r�m b-e- , 2010
to certify which witness my hand and seal of office.
�
l,��C���
O�tiP KIESHA D. HILL Notary Public in and for
=��:�� � ;�: Notary Public, �tate of Texas
'- ' '= My Commission Ex�ire5 The State of Texas
° ':,';�ni<<��'� MafCh 21, 2013
�""'�� My commission expires 3 ' �� - � ,3
Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Fazmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 • fax 972-782-7023
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C&S M�fia Publications, Septembec 1-2, 2010 C3
� RDINANCE MATERIALS BY
281�- PERSONS; PROVID-
ING FOR REPEAL-
AN ORDINANCE OF ING, SAVINGS AND
THE CTTY OF SEVERABILITY
WYLIE, TEXAS, CLAUSES; pROVID-
AMENDING THE ING FOR A PENAL-
CODE OF ORDI- TY FOR THE VIOLA-
NANCES OF THE TION OF THIS
CTTY OF WYLIE BY ORDINANCE; PRO-
ADOPTING ARTI- VIDII�G FOR THE
CLE IX (PROHIBI- PUBLICATION OF
TION OF ILLEGAL THE CAPTION
SMOKING MATERI- HEREOF; Ai�TD PRO-
AL) OF CHAPTER 74 VIDING FOR AN
(OFFENSES AND EFFECTIVE DATE
MISCELLANEOUS OF THIS ORDI-
PROVISIONS) OF NANCE.
THE WYLIE CODE •
OF ORDINANCES; Eric Hogue, Mayor
ADOPTING SEC-
TION 74-161 (ILLE- ATTEST:
GAL SMOKING Cazole Ehrlich, City
MATERIALS: PUR- Secretary
POSE), SEG"TION 74 16-1t-7Sli-339
162 (SALE, DELIV-
ERY, OFFER, OR
GIFT), SEC'TION 74-
163 (USE OR POS-
SESSION OF ILLE-
GAL SMOKING
MATERIAL), $EC-
TION 74-164 (USE
OR POSSESSION OF
ILLEGAL SMOKING
PARAPHERNALIA),
AND SECTION 74-
165 (DEFENSES TO
PROSECUTION) TO
CHAPTER 74
(OFFENSES AND
MISCEI;LANEOUS
PROVISIONS) TO
PROHIBIT THE
SALE OR DELIVERY
OF ILLEGAL SMOK-
ING MATERIAI:S TO
PERSONS AND TO
PROHIBIT THE POS-
SESSION OF ILLE-
(3AL SMOKING