Shafter Municipal Code Ch. 9.44 Psychoactive Bath Salts, Psychoactive Herbal Incense (spice), and Other…

Recreational or other use of psychoactive bath salts, psychoactive herbal incense (commonly referred to as "spice" or "synthetic marijuana") and similar products commonly known as "synthetic drugs," has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal thoughts, and death. While State and Federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the purview of such laws and regulations. The purpose and intent of this Chapter is to protect the public health and safety within the County of Kern from the dangers and ill effects of all synthetic drugs by declaring certain activities involving synthetic drugs to be a public nuisance and subject to all available civil remedies and, to provide the County of Kern with reasonable measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law.

(Ord. No. 691, § 1, 11-15-2016)

Pursuant to Government Code Sections 50022.1 et seq., Ordinance No. G-8602 of the Board of Supervisors of the County of Kern, State of California which adds Chapter 9.44 to Title 9 of the Kern County Ordinance Code concerning psychoactive bath salts, psychoactive herbal incense (spice) and other synthetic drugs and each and every term, provision, rule, and regulation therein is hereby incorporated by this reference as if fully set forth herein verbatim. Provided, however, that all references to "unincorporated areas of the County of Kern" are hereby replaced with "the County of Kern" and this ordinance shall apply within the city's boundaries.

(Ord. No. 691, § 1, 11-15-2016)

Pursuant to Government Code Sections 50022.1 et seq., the penalty provisions of Chapter 9.44 of Title 9 to the Kern County Ordinance Code regarding psychoactive bath salts, psychoactive herbal incense (spice) and other synthetic drugs is set for in full below. "Chapter" as used in these penalty provisions refers to Chapter 9.44 of Title 9 of the Kern County Ordinance Code.

9.44.070 Declaration of Public Nuisance.

(a) It is a public nuisance for any person to provide, display for sale, sell, distribute, or possess with the intent to sell, any synthetic drug within the County of Kern.

(b) It is a public nuisance for any person to allow the provision, display for sale, sell, distribution, or possession with the intent to sell, of any synthetic drug on property owned, controlled or managed by such person within the County of Kern.

(c) It is a public nuisance for any person to provide, display for sale, sell, distribute, or possess with the intent to sell, any substance claimed or represented to be a synthetic drug within the County of Kern.

(d) It is a public nuisance for any person to allow the provision, display for sale, sell, distribution, or possession with the intent to sell, of any substance claimed or represented to be a synthetic drug on property owned, controlled or managed by such person within the unincorporated areas of the County of Kern.

(e) To determine if a person is claiming or representing that a substance or product is a synthetic drug, an enforcing officer may consider any of the evidentiary factors set forth in section 9.44.050.

(f) Possession that is not described in subdivisions (a) through (d) of this section is declared to be a public nuisance when such possession injuriously affects any person or persons, other than the person in possession, in such other person's or persons' health, safety, welfare, or comfortable enjoyment of life or property.

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.

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.

9.44.100 Seizure of Evidence.

Any product or substance provided, distributed, sold or possessed for the purpose of providing, distributing or selling the product or substance, in violation of any provision of this Chapter, may be seized by any County official or officer who issues a criminal citation under this Chapter and removed and stored as evidence in accordance with the law.

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.

9.44.120 Authority to Administer and Enforce.

This Chapter may be administered and enforced by the Director of Public Health or his/her designee(s), or any other County official or officer so designated.

(Ord. No. 691, § 1, 11-15-2016)