Chula Vista Municipal Code Ch. 9.16 Disorderly Conduct – Sale of Intoxicants – Burning Objects in Public Places

DISORDERLY CONDUCT – SALE OF INTOXICANTS – BURNING OBJECTS IN PUBLIC PLACES

Sections:

• 9.16.010 Prohibited to certain persons – Exceptions.

• 9.16.020 Reporting sale of chemicals.

• 9.16.021 Purpose.

• 9.16.022 Definitions.

• 9.16.023 Limitations on the sale or purchase of ephedrine products.

• 9.16.024 Separate violation for each incident.

• 9.16.025 Enforcement procedure.

• 9.16.026 Penalties.

• 9.16.027 Clonazepam – Purpose.

• 9.16.028 Clonazepam – Definitions.

• 9.16.029 Clonazepam – Possession without valid prescription prohibited.

• 9.16.030 Clonazepam – Enforcement procedure.

• 9.16.031 Clonazepam – Penalties.

• 9.16.032 Clonazepam – Strict liability offense.

• 9.16.040 Prohibition on public burning of objects.

Any person who sells, furnishes, supplies, gives or distributes within the City to any drunken person any intoxicating liquor of any kind or character whatsoever, except under the prescription of a physician or surgeon duly licensed to practice as such in the state, is guilty of a misdemeanor. (Prior code § 20.26).

A. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person in the City of Chula Vista shall submit a report to the Director of Public Safety of all of those transactions:

1. Ephedrine;

2. Pseudoephedrine;

3. Norpseudoephedrine;

4. Phenylpropanolamine;

5. Ether;

6. Hydriodic acid.

• B. 1. Any manufacturer, wholesaler, retailer, or other person shall, prior to selling, transferring, or otherwise furnishing any substance specified in subsection (A) of this section to any person in the City of Chula Vista, require proper identification from the purchaser.

2. For the purposes of this subdivision, “proper identification” means a motor vehicle operator’s license or other official state-issued identification of the purchaser which contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, and the motor vehicle license number of any motor vehicle owned or operated by the purchaser; a letter of authorization from the business for which any substance specified in subsection (A) of this section is being furnished, which includes the business license number and address of the business; a full description of how the substance is to be used; and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance specified in subsection (A) of this section shall affix his or her signature as a witness to the signature and identification of the purchaser.

3. A violation of this subsection is a misdemeanor.

C. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance specified in subsection (A) of this section to a person in the City of Chula Vista shall, not less than 21 days prior to delivery of the substance, submit a report of the transaction, which includes the identification information specified in subsection (B) of this section, to the Director of Safety. However, the Director of Safety may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance, if the Director of Safety determines that either of the following exist:

1. A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance.

2. The recipient has established a record of utilization of the substance for lawful purposes.

• D. This section shall not apply to any of the following:

  1. Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian.

2. Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patients.

   3. Any manufacturer or wholesaler licensed by the California State Board of Pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian.

   4. Sales consistent with federal law of any proprietary product containing substances listed in subsection (A)(1) through (A)(6) of this section.

• E. 1. Any person specified in subsection (C) of this section who does not submit a report as required by that subsection or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in the county jail not exceeding six months or by a fine not exceeding $5,000, or by both the fine and imprisonment.

2. Any person specified in subsection (C) of this section who has previously been convicted of a violation of subsection (E)(1) of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in the county jail not exceeding one year, or by a fine not exceeding $100,000, or by both the fine and imprisonment. (Ord. 2338 § 1, 1989).

The City Council for the City of Chula Vista finds and declares that:

A. In addition to its legal uses, ephedrine is used in the illegal manufacture of methamphetamine, and illicit drug manufacturers extract ephedrine from various over-the-counter products containing as an ingredient ephedrine or pseudoephedrine.

B. Southern California generally and San Diego County specifically have become known to narcotics officers and drug enforcement agencies for their high incidence of illicit manufacture, sale and use of methamphetamine.

C. 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. The chemicals, compounds, substances, by-products, and wastes 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 of Chula Vista.

D. There has been an increase in the sales, thefts and possession of over-the-counter products that contain as an ingredient ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate, as well as other products associated with the manufacture of methamphetamine.

E. The reasonable limitations found in this section pertaining to the quantity of products containing ephedrine which may be sold to or purchased by a customer within a 24-hour period will assist the City of Chula Vista in its efforts to combat the insidious criminal methods of illegal methamphetamine manufacturers. However, these limitations will not unduly restrict legitimate businesses or customers from selling or buying these products for legal purposes. (Ord. 2779 § 1, 1999).

For purposes of this section, the below terms are defined as follows:

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

B. “Customer” means any person who purchases or acquires products from any retail store.

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

D. “Package” means any bottle, box, blister pack or other container in which products containing ephedrine are sold.

E. “Person” has the same meaning as found in CVMC 1.04.010.

F. “Retail store” means any single geographic location of any business, company, corporation, person, employee or associate that sells products to any customer. It does not include any wholesaler engaged in a wholesale transaction.

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

H. “Wholesaler” means one whose business is the selling of goods in gross to retail stores for purposes of resale. (Ord. 2779 § 1, 1999).

A. It is unlawful for any person during a single transaction to sell to a customer more than three packages of products containing ephedrine.

B. It is unlawful for any person within a 24-hour period to knowingly sell to a customer more than three packages of products containing ephedrine.

C. It is unlawful for any person during a single transaction to sell to a customer products containing ephedrine where the total count exceeds 100.

D. It is unlawful for any person within a 24-hour period to knowingly sell to a customer products containing ephedrine where the total count exceeds 100.

E. It is unlawful for any customer within a 24-hour period to purchase or acquire more than three packages of products containing ephedrine.

F. It is unlawful for any customer within a 24-hour period to purchase or acquire products containing ephedrine where the total count exceeds 100. (Ord. 2779 § 1, 1999).

Each incident in violation of CVMC 9.16.023(A) through (F) shall constitute a separate offense. (Ord. 2779 § 1, 1999).

Upon any violation of CVMC 9.16.023(A) through (F), a peace officer may issue a citation to any person or customer. If cited, the person or customer shall appear in court as directed in the citation. (Ord. 2779 § 1, 1999).

Violations of CVMC 9.16.023(A) through (F) shall be punished in accordance with Chapter 1.20 CVMC. (Ord. 2779 § 1, 1999).

The City Council for the City of Chula Vista finds and declares the following:

A. In addition to its legal uses, adults and juveniles are abusing clonazepam to become intoxicated and/or to facilitate sexual assault.

• B. There are reports of clonazepam being used to facilitate sexual assault.

C. There is a current and immediate threat to the public safety and welfare, in that the use of clonazepam by juveniles is increasing at an alarming rate in the City due to its easy access, low price and powerful effect.

D. Currently there is no law that prohibits mere possession of clonazepam without a valid prescription in that the passage of Heath and Safety Code Section 11375 (Possession for Sale or Sale of Designated Controlled Substances) during the 1984 Legislative Session had the unintended legal effect of making simple possession of several substances including clonazepam legal. (Ord. 2813 § 1, 2000).

For the purposes of this section, the below terms are defined as follow:

A. “Clonazepam” means any drug, substance or compound, whether legal or illegal, that contains clonazepam as described in California Health and Safety Code Section 11057(d)(6). (Ord. 2813 § 1, 2000).

Except as authorized by law and as otherwise provided in subdivision (b) of Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, it is unlawful for any person to possess clonazepam or any substance that contains clonazepam without a valid prescription. (Ord. 2813 § 1, 2000).

The City Attorney and the Chief of Police are authorized to administer and enforce the provisions of CVMC 9.16.027 through 9.16.032. (Ord. 2813 § 1, 2000).

Violations of CVMC 9.16.029 shall be punished in accordance with Chapter 1.20 CVMC. (Ord. 2813 § 1, 2000).

Violations of CVMC 9.16.027 through 9.16.032 shall be treated as a strict liability offense regardless of intent. (Ord. 2813 § 1, 2000).

It shall be unlawful for any person to ignite or burn objects in a manner which endangers the safety of persons or property on publicly owned or controlled land or on bridges, streets or other public places which have not been set aside by public authority for such purpose, without first obtaining a permit from the bureau of fire prevention.

The criteria of the bureau of fire prevention in determining whether to grant a permit under this section shall be the protection of public health and safety. (Ord. 2338 § 1, 1989).

*** Code reviser’s note:** Ord. 2813 added new sections 9.16.027 through 9.16.032. This section has been renumbered from 9.16.030 to avoid duplication.