HomeMy WebLinkAboutSubmittal-Draft Copy of Ordinance..Title
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 16 OUNCES;
PROHIBITING THE SALE AND DISPLAY OF ANY PRODUCT MARKETED OR ADVERTISED
AS BATH SALTS IN CONTAINERS LESS THAN 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; PROVIDING FOR SIEZURE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
..Body
WHEREAS, so called bath salts are being sold at commercial businesses within the City
of Miami 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 U.S. 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
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
BMITTED
. ILJ RECORD �);;`
cz �� Co0 D,-c�/• �,a ce
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 City Code is 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 saltor '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."
Section 4. All Ordinances or parts of Ordinances that are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 5. 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.
Section 6. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM nR z ON o6-/4'-/.2
..Footnote
{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.
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM pi? 2 ON