Ord. No. 12-80-1071ORDINANCE NO.12-80-1071
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING CHAPTER 15 OF THE CODE
OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
FLORIDA,BY CREATING SECTIONS 15-75 THROUGH
15-78 THEREOF,TO REGULATE THE DISPLAY OR
SALE OF INSTRUMENTS,SIMULATED DRUGS,
SIMULATED CONTROLLED SUBSTANCES,OR OTHER
NARCOTIC PARAPHERNALIA,TO MINORS OR IN
AREAS TO WHICH MINORS HAVE ACCESS,PROVIDING
A SEVERABILITY CLAUSE,AND PROVIDING WHEN
THIS ORDINANCE SHALL TAKE EFFECT..
WHEREAS,the City Commission ofthe City of South
Miami,Florida,has determined and hereby finds that a problem exists
within its limits involving the exposure of children of elementary,
middle school and high school age to the use of drugs and
controlled substances other than as authorized by law,and
WHEREAS,the City Commission of the City of South Miami,
Florida,has determined and hereby finds that the display and
availability for sale of certain instruments hereinafter enumerated,
and simulated drugs and simulated controlled substances hereinafter
defined,contribute to the usage of drugs and controlled substances
by the youth of the community by creating an atmosphere of apparent
condonation by the community,and
WHEREAS,the promotion and sale of products containing
substances which may be harmless and inert in themselves,but
which are packaged or designed to simulate controlled substances
or drugs,are harmful in thatthey promote and encourage entry
intothe drug culture and foster respectability fordruguseand
abuse,and
WHEREAS,the City Commission of the City of South Miami,
Florida,deems ittobein the best interests of the health,
safety and welfare of its youth to make the use and abuse of
drugs and controlled substances difficult by limiting the
availability of necessary instruments within the City.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Chapter 15of the Code of Ordinances
ofthe City of South Miami,Florida,entitled "Offenses and
Miscellaneous Provisions"be,and the same is hereby amended by
creating Sections 15-75through15-78,toreadand provide as
follows:
"Sec.15-75.Definitions
(a)'Controlled substance1 means any drug or substance
as described and defined in Florida Statutes Section
893.03,which is adopted by reference.
(b)'Drug'means:
(1)Substances recognized as drugs in the official
United States pharmacopoeia,official hemeopathic
pharmacopoeia ofthe United States or official
national formulary or any supplement to any of
them;
(2)Substances intended for use in the diagnosis,
cure,mitigation,treatment or prevention of
disease in man or animals;
(3)Substances (other than food)intended to affect
the structure or any function of the body of man
or animals;and
(4)Substances intended for use as a component of
any article specified in clause (1),(2),or
(3)of this subsection.It does not include
devices or their components,parts or accessories.
(c)'Deliver'or 'Delivery'means the actual,constructive
or attempted transfer from one person to another ofa
controlled substance,whether or not there is an agency
relationship.
(d)'Cannabis'means all parts of the plant of the species
Cannabis sativa,L.,including all varieties thereof,
whether growing or not;the seeds thereof,the resin
extracted from any part of the plant;and every compound,
manufacture,salt,derivative,mixture,or preparation
of the plant or its seeds or resin.It does not include
the mature stalks of the plant,fiber produced from the
stalks;oil or cake made from the seeds of the plant;
any other compound,manufacture,salt,derivative,
mixture,or preparation of the mature stalks (except the
resin extracted therefrom),fiber,oil,or cake;or the
sterilized seed of the plant which is incapable of
germination.
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"(e)'Drug Paraphernalia1 means all equipment,products,^
and materials ofany kind which are usedin converting,
producing,processing,preparing,testing,analyzing,
packaging,repackaging,storing,containing,concealing,
injecting,ingesting,inhaling,or otherwise introducing
intothehumanbodya controlled substance in violation
of Sec.15-76,asfurtherdefinedandenumeratedin
subsection (m)hereof.
(f)'Patient'means,as the case may be:
(1)The individual for whom a drug is prescribed
or to whom a drug is administered;or
(2)The owner or the agent of the owner of the
animal for which a drug is prescribed or to
which a drug is administered.
(g)'Person'means individual,corporation,government,
or governmental subdivision or agency,business
trust,estate,trust,partnership or association,
or any other legal entity.
(h)'Pharmacist'means an individual currently licensed by
the board to practice the profession of pharmacy in
this state.
(i)'Practitioner'means a physician (M.D.or D.O.),
dentist,podiatrist,veterinarian,scientific
investigator or other person licensed,registered
or otherwise authorized by law to administer and
prescribe,use in teaching or chemical analysis,or
conduct research with respect to a controlled substance
in the course of professional practice and research.
(j)'Production'includes the manufacture,planting,
cultivation,growing or harvesting ofa controlled
substance.
(k)'Prescription'means a written order,andincases
ofemergency,atelephoneorder,issuedbya
practitioner in good faith in the course of his
professionalpracticetoapharmacistforadrugfor
a particular patient,which specifies thedateof
issue,thenameand address ofthepatient (and,if
suchdrugisprescribedforan animal,the species
of such animal),the name and quantity of the drug
prescribed,the directions for useof such drug,and
the signature ofsuch practitioner.
(1)'Somnifacient*and 'stimulating'have the meaning
attributable in standard medical lexicons.
(m)'Instrument'means a device designed for use,or
intended for use in ingesting,smoking,administering,
or preparing marijuana,cocaine,phencycledine,opium,
orany derivative thereof,orany other controlled
substance.
For purposes ofthis subsection,the phrase 'intended
for use'shall refer tothe intent ofthe person
selling,offering to sell,dispensing,giving away,
or displaying the instrument herein defined.
Indeterminingwhetheranitemconstitutesan 'instrument',
the following items shall be considered:
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"(1)Whetherapersonorbusinessestablishment
chargedwith violating thissectionisa
licensed distributor or dealer of tobacco
products bytheStateof Florida.
(2)Expert testimony as tothe principal use of
the devices,articles,orcontrivancesclaimed
to be instruments.
(3)Evidenceconcerningthetotalbusinessofa
personor business establishment andthetype
ofdevices,articles,contrivances oritems
involved in the business.
(4)National andlocal advertising concerning the
use of the devices,articles,or contrivances
claimed to be instruments.
(5)Evidenceofadvertising concerning thenatureof
the business establishment.
(6)Devices within the meaning ofthis definition
include,butarenot limited tothefollowing:
A.Kits used,intended for use,or designed
forusein planting,propagating,cultivating,
growingorharvestingofanyspeciesofplant
which isa controlled substance or from which
a controlled substance can be derived;
B.Isomerization devices used,intended for use,
or designed for use in increasing the potency
ofanyspeciesof plant which isa controlled
substance;
C.Testing equipment used,intended for use,or
designedforusein identifying,orin
analyzing the strength,effectiveness or
purity of controlled substances;
D.Dilutentsand adulterants suchas quinine,
hydrochloride,mannitol,annite,dextrose
and lactose,used,intended for use,or
designed forusein cutting controlled
substances;
E.Separation ginsand sifters used,intended
for use,or designed for use in removing
twigs and seedsfrom,orin otherwise cleaning
or refining,marijuana;
F.Blenders,bowls,containers,spoons and mixing
devices used,intended for use,or designed
for use in compounding controlled substances;
G.Capsules,balloons,envelopes and other
containers used,intended for use,or designed
for usein packaging small quantities of
controlled substances;
H.Containers and other objects used,intended
for use,or designed for use in storing or
concealing controlled substances;
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"I.Hypodermic syringes,needlesandother
objects used,intended for use,or designed
forusein parenterally injecting controlled
substances into the human body;
J.Objects used,intended for use,or designed
foruseiningesting,inhaling,orotherwise
introducingmarijuana,cocaine,hashish,or
hashish oil into the human body,such as:
1.Metal,wooden,acrylic,glass,stone
plastic,or ceramic pipes withor without
screens,permanentscreens,hashish heads,
or punctured metal bowls;
2.Water pipes;
3.Carburation tubes and devices;
4.Smoking and carburetion masks;
5.Roach clips:meaning objects used to
hold burning material,such asa
marijuana cigarette,that has become too
small or too short to be held in the hand;
6.Miniature cocaine spoons,and cocaine
vials;
7.Chamber pipes;
8.Carburetor pipes;
9.Electric pipes;
10.Air-driven pipes;
11.Chilams;
12.Bongs;
13.Ice pipes or chillers;
14.Cigarette papers or rollers designed
for smoking any controlled substance.
(n)'Minor'shall mean any person who has not attained 18
years of age.
(o)'Premises open to minors'means any business establishment
which sells its wares or merchandise to minors or which
permits minors to enter into its place of business.
'Op)'Simulated drugs'and 'simulated controlled substances*
are any products which identify themselves by using a
common name or slang term associated with a controlled
substance or indicate by label or accompanying promotional
material that the product simulates the effect ofa
controlled substance or drug.
(q)'Place of display'means any museum,library,school
or other similar public place upon which business is
not transacted for a profit.
(r)'School'means any public or private elementary,
middle school,or high school.
(s)'Close proximity'means withjn 1,000 feet on a
straight line commencing at the property lines nearest
to each other.
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"(t)'Premises'means a business establishment and the
structure of which itisa part and facilities and
appurtenances therein and grounds,areas and facilities
held out for the use of patrons."
"Sec.15-76.Sale and Display of Narcotic and Other
Paraphernalia;Restrictions
(a)No owner,manager,proprietor or other person in charge
ofanyplaceofbusiness selling,or displaying forthe
purpose of sale,any device,contrivance,instrument
or paraphernalia,simulated drugs or simulated controlled
substances,for smoking,injecting,or consuming any
controlled substance,as defined in Sec.15-75,other than
prescription drugs and devices to ingest or inject
prescription drugs,shall allow or permit any minor tobe,
remain in,enter or visit such business unless such minor
person is accompanied by one of his or her parents,or by
his or her legal guardian.
(b)No owner,manager,proprietor or other person in charge
of any place of business selling,or displaying for the
purpose of sale,any device,contrivance,instrument or
paraphernalia,simulated drugs or simulated controlled
substances,for smoking,injecting,or consuming any
controlled substance,as defined in Sec.15-75,other than
prescription drugs and devices to ingest or inject pre
scription drugs,shall sell,offer for sale,or deliver
such device,contrivance,instrument,paraphernalia,
simulated drugs or simulated controlled substances,to
any minor.
(c)No place of business that sells,offers for sale,or
delivers any device,contrivance,instrument,simulated
drugs or simulated controlled substances or paraphernalia
shall be located in close proximity to any public or
private elementary,middle school or high school,as
defined in Sec.15-75."
"Sec.15-77.Exceptions to Restrictions
(a)Minors may be allowed on the premises of any place
of business described inSec.15-76 provided that the
devices,contrivances,instruments,paraphernalia,simulated
drugs,or simulated controlled substances arekept,
displayed,offeredfor sale,sold,ordelivered,inapart
ofthe premises that are not open to view by minors orto
which minors donothaveaccess.Each entrance tosuchpart
of the premises shall have a sign posted in letters not
less than three inches (3")tall,which shall state words
to the effect that narcotic paraphernalia are being
offered for sale in such part,and minors unless
accompanied by a parent or legal guardian are excluded.
(b)Nothing inSections15-75through15-77shallprohibit
the display of any devices,contrivances,instruments,
paraphernalia,simulated drugs,or simulated controlled
substances ata place of display,as defined inSec.
15-75."
"Sec.15-78.Penalty
Any person who violates any term,condition,or provision
of Sections 15-76 and 15-77,upon conviction of such
violation before a court of competent jurisdiction,shall
be subject to a fine not exceeding Five Hundred Dollars
($500.00),or by imprisonment not to exceed six (6)
monthsor both,at the discretion of the court.Each dayof
violation of any term,provision,or condition of Sections
15-76 and 15-77 shall constitute a separate and distinct
offense."
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Section 2.Itis the intention of the City Commission
anditis hereby ordained thatthe provisions ofthis ordinance
shall become andbe made a part ofthe Code of Ordinances ofthe
CityofSouth Miami,Florida,andthesectionsofthisordinance
maybe renumbered to accomplish suchintention.
Section 3.If any word,phrase,clause,subsection
or section of this ordinance is for any reason held unconstitutional
orinvalid,the invalidity thereof shall not affect the validity
ofany remaining portions ofthis ordinance.
Section 4.That all sections or parts of sections
of the Code of Ordinances,all ordinances or parts of ordinances,
andall resolutions or parts of resolutions,in conflict herewith
be,and the same are hereby repealed to the extent of such conflict.
Section 5.This Ordinance shall take effect
immediately at the time ofits passage.
PASSED and ADOPTED this 6th day ofMay ,1980.
Attes-t:
City Clerk
Passedonfirstreading;4/15/80
Passedonsecond reading:5/06/80
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APPROVED:
//Mayor >
-i u.Mayor BlockMovedby_J -.:Seconded Py._Commissi°nPr fiihsaa--
NOYES
Block
Bowman-
Gibson.
Lantz_
Porter.
Absent
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