Chapter 9.20 — MOTORCYCLE AND OFF-ROAD VEHICLE EVENTS

The following definitions apply to this Chapter:

A. “Off-road Vehicle” means any motor driven vehicle designed to be utilized on other than improved roadways for recreational purposes such as, but not limited to, dune buggies.

B. “Event” means any gathering of more than ten (10) off-road vehicles or motorcycles for a recreational outing such as, but not limited to, hound and hare races, rallies, closed course races, hill-climbs and enduro races.

It is unlawful for any person, firm or corporation to organize, conduct or participate in an off-road vehicle or motorcycle event within the corporate limits of the City, unless a permit for such event has first been issued by the Chief of Police as hereafter provided.

Applications for a permit to organize or conduct an off-road vehicle or motorcycle event shall be in the form of a letter requesting permission to organize and conduct an event. The letter shall describe the proposed event. The Chief of Police shall grant the permit if he determines that the event will apparently be conducted in compliance with all applicable laws and regulations, that the proposed location will be desirable to the public convenience and welfare, that the proposed operation will not create any undue fire hazard, and that such operation is of sufficient distance from occupied areas so as not to cause excessive noise, dust or fumes affecting the occupied areas. The Chief of Police, upon granting of said permit, may attach whatever conditions and terms are necessary or appropriate to carry out the objectives stated in this Section.

Chapter 9.25

REGULATION OF EPHEDRINE PURCHASES

A. The City Council finds that there is a current and immediate threat to the public health, safety and welfare in that the manufacture, processing, transportation, possession and sale of illicit narcotics and drugs are inherently dangerous and that chemicals, compounds, substances, byproducts and wastes which are associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens of the City.

B. The City Council finds that there has been a dramatic increase of sales, reports of sales, thefts and possession of over the counter drugs which contain substances known as ephedrine, pseudoephedrine, pseudoephedrine hydrochloride, ephedrine hydrochloride and pseudoephedrine sulfate, along with other substances and products associated with the manufacture of methamphetamine and that retailers are regularly victimized by those persons who steal those substances, drugs and products on a regular basis.

C. The City Council finds that the general public does not normally purchase the described products in multiple quantities, and it is not the City Council’s intent to restrain legitimate businesses or customers from selling or purchasing the described products.

D. No provisions of this Chapter shall hinder or supersede any other applicable state or federal statute.

The following definitions apply to this Chapter:

A. “Ephedrine” means any drug, substance or compound, whether legal or illegal, that contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine hydrochloride, pseudoephedrine or ephedrine.

B. “Retailer” means any single geographic location of any retail business, company, corporation, person, employee or associate who furnishes, distributes, sells or gives away products as described in this Section.

C. “Customer” means any person who purchases or acquires the products described in this Section or persons who are present for the purchase or acquisition of the products described in this Section.

D. “Sell” means to furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.

E. “Count” means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container.

A. No retailer shall sell to a single customer more than three (3) packages, per transaction, of a product containing ephedrine. No retailer shall sell to a single customer, per transaction, products containing ephedrine where the total count exceeds one hundred (100).

B. No customer shall acquire more than three (3) packages, per day, of a product containing ephedrine. No customer shall acquire, per day, products containing ephedrine where the total count exceeds one hundred (100).

A. Any person, customer or retailer violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment.