HomeMy WebLinkAboutO-13324City of Miami
Legislation
Ordinance: 13324
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00698 Final Action Date: 6/28/2012
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"MISCELLANEOUS OFFENSES," BY CREATING NEW SECTION 37-9 TO
PROHIBIT THE SALE OR DISPLAY OF PRODUCTS MARKETED OR ADVERTISED
AS BATH SALTS IN CONTAINERS LESS THAN SIXTEEN (16) OUNCES;
PROHIBITING THE SALE AND DISPLAY OF ANY PRODUCT MARKETED OR
ADVERTISED AS BATH SALTS IN CONTAINERS LESS THAN SIXTEEN (16)
OUNCES WITHIN TEN (10) FEET OF TOBACCO PRODUCTS OR SMOKING
PARAPHANELIA; ESTABLISHING A REBUTTABLE PRESUMPTION OF HUMAN
CONSUMPTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, so called bath salts are being sold at commercial businesses within the City of
Miami ("City") that contain chemical compounds designed as synthetic alternatives to controlled
substances prohibited under Florida law; and
WHEREAS, these substances are classified as "controlled substance analogs," and can be
designed to produce a desired pharmacological effect and to evade the controlling statutory
provisions; and
WHEREAS, the Florida Legislature has defined controlled substance analogs to exclude
compounds containing a controlled substance which are not intended for human consumption, and
which are packaged in such form or concentration, or with adulterants or denaturants, so that as
packaged it does not present any significant potential for abuse; and
WHEREAS, no legitimate non -research uses have been identified for so called bath salts and
they have not been approved by the United States Food and Drug Administration for human
consumption; and
WHEREAS, some of these substances evade classification as controlled substance analogs
by being packaged in such a manner as to state that they are not intended for human consumption or
ingestion and sold as bath salt products; and
WHEREAS, such products are generally known as "synthetic cocaine" or "synthetic
amphetamines" and are purchased by consumers for purposes of ingestion notwithstanding any
markings to the contrary; and
WHEREAS, such products may actually be more dangerous to humans than controlled
substances due to the unapproved, uncertain and ever -changing nature of the chemical compounds
contained in them; and
City of Miami
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File Number: 12-00698 Enactment Number: 13324
WHEREAS, these products currently may be purchased legally for use as an alternative to
substances otherwise regulated as controlled substances; and
WHEREAS, such products are purchased in disproportionate amounts by minors and very
young adults and pose a health, safety and welfare issue for the City and its inhabitants; and
WHEREAS, the uncontrolled importation, manufacture, sale, distribution, possession, or use
of controlled substance analogs has a substantial and detrimental impact on the health and safety of
the residents of Miami; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
and incorporated as if fully set forth in this Section.
Section 2. Chapter 37, of the Code of the City of Miami, Florida, as amended, entitled
"Miscellaneous Offenses", is further amended in the following particulars: {1}
"CHAPTER 37
MISCELLANEOUS OFFENSES
Sec. 37-9. Sale or Display of Bath Salts Prohibited.
(1) It shall be unlawful to sell or display for sale bath salts within the City. For purposes of
this section, "bath salt' and 'bath salts' are defined as any item labeled, marketed or sold
using the term 'bath salt' or 'bath salts' and which is packaged in quantities of less than
sixteen (16) ounces or in pill, tablet or capsule form. Such 'bath salts' shall be presumed
as intended for human consumption notwithstanding any labeling to the contrary. This
section shall not apply to ordinary baking soda or Epsom salts.
(2) It shall be unlawful to sell or display for sale any bath salts within ten (10) feet of any
tobacco products or smoking paraphernalia."
(3) Enforcement. This section may be enforced by any police officer or code inspector of
the City.
(4) Penalties. Any person who violates any provision of this section commits a municipal
ordinance violation and may be punished as provided in section 1-13 of the Code.
Alternatively, a violation of this section may be enforced by a civil penalty of $500 pursuant
to the provisions of section 2-823 through 2-830 of this Code.
*I1
Section 4. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
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File Number: 12-00698 Enactment Number: 13324
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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