Arvin Municipal Code Ch. 9.31 Psychoactive Bath Salts, Psychoactive Herbal Incense (spice), and Other…

Except as otherwise stated in this code, the rules, regulations, provisions and conditions as set forth in Chapter 9.44 of Title 9 of Kern County's Public Peace, Morals and Welfare Code, entitled "Psychoactive Bath Salts, Psychoactive Herbal Incense (Spice), and Other Synthetic Drugs," as adopted and amended by Kern County through Ordinance No. G-8587, passed September 1, 2015, is hereby adopted as the Psychoactive Bath Salts, Psychoactive Herbal Incense (Spice), and Other Synthetic Drugs Code of the City of Arvin. A copy of said publication is on file in the office of the city clerk.

(Ord. No. 430, § 2, 7-19-16)

In accordance with California Government Code Section 50022.4, the City of Arvin hereby also adopts the penalty provisions contained in Chapter 9.44 of Title 9 of Kern County's Public Peace, Morals and Welfare Code, entitled "Psychoactive Bath Salts, Psychoactive Herbal Incense (Spice), and Other Synthetic Drugs," which are set forth in full as follows:

(1) 9.44.080 - Abatement authority and procedures; summary abatement; other remedies.

A. If a public nuisance exists pursuant to this chapter, any of the persons identified in Section 9.44.120 may proceed under Title 8, Chapter 8.44, Public Nuisances, Sections 8.44.010 et seq.

B. Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal thoughts, and death, any violation of this chapter may present an immediate threat and grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. If any of the persons identified in Section 9.44.120, based on the facts then known, determines that a violation of this chapter presents an immediate threat, imminent danger or hazard, or is imminently injurious to the public health or safety, then that violation is punishable by the summary abatement procedures set forth in Section 8.44.070 or other law.

C. Nothing in this chapter shall be construed to prevent the county of Kern from pursuing any and all other legal remedies that may be available, including, but not limited to, civil actions filed by county counsel seeking any and all appropriate relief such as civil injunctions, penalties and forfeiture.

(2) 9.44.090 - Modification, suspension, or revocation of permit, license, or other grant of authority.

A. If a person violates any provision of this chapter, such violation shall be grounds for, in addition to any other enforcement action or remedy authorized by this code or other law, modification, suspension, or revocation of any permit, license, or other grant of authority by the county issued to the person, or issued to any business, firm, company, corporation, public corporation, club, trust, partnership, association, and/or similar organization owned, controlled, or managed by such person (hereafter "entity"), in accordance with the procedure of this code or other law applicable to the respective permit, license, or other grant of authority.

B. Upon determination that a violation of this chapter exists, the director of public health services will impose the following sanction:

1. For the first violation, any and all licenses or permits issued by the Kern County Public Health Services Department for the entity found to be in violation will be suspended for thirty (30) days.

2. For the second violation, any and all licenses or permits issued by the Kern County Public Health Services Department for the entity found to be in violation will be revoked.

(3) 9.44.110 — Enforcement, remedies, and penalties.

A. In addition to any enforcement action and remedy authorized by this chapter, a violation of any provision of this chapter may be subject to the enforcement and remedy provisions of Title 1, Chapter 1.12, General Penalty, Sections 1.12.010 through 1.12.030 and any other applicable enforcement and remedy provisions provided under the law.

B. Any person identified in Section 9.44.120 may, based on the facts then known, determine that, in the interest of justice, a violation of this chapter constitutes an infraction.

(Ord. No. 430, § 2, 7-19-16)