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Ordinance - 2005 - 528 - Limiting Sale Of Methamphetamine/Precursor Drugs - 10/18/2005OR1GA4 ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE CITY CODE TITLE 4 TO ADD A NEW CHAPTER ESTABLISHING LIMITS ON THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, methamphetamine is an illegal drug that is produced using legal precursor substances such as pseudoephedrine, which is contained in over-the-counter medicines sold in retail outlets; and, WHEREAS, methamphetamine is produced and distributed in our communities with negative social effects, including harm to children, families, increasing crime and property damage; and, WHEREAS, the production of methamphetamine in illegal labs can cause significant health and safety risks such as the danger of fire, explosion, and environmental hazards from production byproducts; and, WHEREAS, the legislature of the State of Idaho has not enacted any laws to control the sale of pseudoephedrine, a precursor drug used to manufacture methamphetamine; and, WHEREAS, the City Council of the City of Eagle deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Eagle to regulate the sale of pseudoephedrine, a precursor drug used to manufacture methamphetamine. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO: SECTION 1. Eagle City Code Title 4 "Public Health and Safety," be and the same hereby is amended with the underlined text being added to read as follows: CHAPTER 10 — REGULATION OF THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS Section 4-10-1: Definitions: The following definitions shall apply in this Chapter: (a) Methamphetamine precursor drugs: (i) a drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or Page 1 of 3 K:'+COUNCIL\Draft Ordinances \Ord 528 atty cpy 10-5-05.doc (ii) a combination drug or product containing as one of its active ingredients pseudoephedrine, or any of its salts. optical isomers, or salts of optical isomers. (iii) this term does not include any compounds, mixtures, or preparations that are in liquid, liquid capsule. or gel capsule form. (b) "Over-the-counter sales" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription. (c) "Retailer: any person, corporation, partnership or other business entity conducting business within the City of Eagle, Idaho who sells or furnishes any over-the-counter drug product containing pseudoephedrine. Section 4-10-2: Prohibited Acts: (a) It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly to sell. transfer, or to otherwise furnish in a single transaction more than three (3) packages of any product that he or she knows to contain more than a total weight of nine (9) grams of methamphetamine precursor drugs. (b) The limits established in this section shall not apply to any quantity of methamphetamine precursor drugs dispensed pursuant to a valid prescription. Section 4-10-3: Limitation on Accessibility to and Sale of Methamphetamine Precursor Drugs: A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drug s are displayed and offered for sale only: (a) behind a checkout counter where the public is not permitted: or (b) inside a locked display case: and (c) all sales shall be conducted with an employee of the retailer and cannot be conducted by a self-service system: and (d) purchaser must present government issued photo identification at the time of purchase. Page 2 of 3 K:\COUNCIL\Draft Ordinances\Ord 528 atty cpy 10-5-05.doc Section 4-10-4: Penalty: It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Chapter. SECTION 2: SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. SECTION 3: That this Ordinance, or a summary thereof in compliance with Section 50- 901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. Approved and adopted this4day of October 2005. ATTEST: ¥ I SH kON K. BERGMA City Clerk 0,01.•• ###### sof EAC . OVoRAco *. Bpi e 444 r:0 \.4 7 E OFA ••'` •...nw Page 3 of 3 K:ICOUNCIL\Draft OrdinanceslOrd 528 atty cpy 10-5-05.doc Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Address: 31 b Attention: lO -v4- Or ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMEND- ING EAGLE CITY CODE TITLE 4 TO ADD A NEW CHAPTER ESTABLISHING LIMITS ON THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS; PRO- VIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, methamphetamine is an illegal drug that is produced using legal pre- cursor substances such as pseudoephedrine, which is contained in over-the-counter medicines sold in retail outlets; and, WHEREAS, methamphetamine is produced and distributed in our communities with negative social effects, including harm to children, families, increasing crime and property damage; and, WHEREAS, he production of methamphetamine in illegal labs can cause signifi- cant health and sf fety risks such as the danger of fire, explosion and environmental hazards from proc action by-products; and, WHEREAS, the legislature of the State of Idaho has not enacted any laws to control the sale of pseudoephedrine, a precursor drug used to manufacture methamphet- amine; and, WHEREAS, the City Council of the City of Eagle deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Eagle to regulate the sale of pseudoephedrine, a precursor drug used to manufacture methamphetamine. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUN- CIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO: SECTION 1. Eagle City Code Title 4 "Public Health and Safety," be and the same hereby is amended with the underlined text being added to read as follows: CHAPTER 10 — REGULATION OF THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS Section 4-10-1: Definitions: The following definitions shall apply in this Chapter: (a) Methamphetamine precursor drugs: (i) a drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers or salts of optical isomers; or (ii) a combination drug or product containing as one of its active ingredients pseudoephedrine, or any of its salts, optical isomers or salts of optical isomers. (iii) this term does not include any compounds, mixtures or preparations that are in liquid, liquid capsule, or gel capsule form. (b) "Over-the-counter sales" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription. (c) "Retailer": any person, corporation, partnership or other business entity con- ducting business within the City of Eagle, Idaho who sells or furnishes any over-the- counter drug product containing pseudoephedrine. Section 4-10-2: Prohibited Acts: (a) It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly sell, transfer or to otherwise furnish in a single transac- tion more than three (3) packages of any product that he or she knows to contain more than 1 tntal waiohr of n:..o /Ol ^'^^" F� Roue tr Identification: Iv © S Run Dates: D V L9 0 Number Lines Other /37 Amount 110.41 elk Thomason, being duly sworn, deposes 'and says: That he is the Principal Clerk of Times, a weekly newspaper published at Ada County, State of Idaho; that the said :paper is in general circulation in the said ity of Ada, and in the vicinity of Meridian, and Eagle, and has been uninterruptedly blished in said County during a period of eight consecutive weeks prior to the first A this notice, a copy of which is attached eto, and that the notice was published in mes, in conformity with Section 60-108, o Code, as amended, for I time(s) lular and entire issue of said paper, and d in the newspaper proper, and not in a gent; and that said notice was published 9n the following dates: ening V C 1b b-( /4 2005 ng 6_12,/ WOc .. STATE OF IDAHO ) )SS OF ADA ) day of L_L • in the year of 2005 a Notary Public, personally appeared awn or identified to me to be the person n is subscri ,y me first are true, 1a to the within instrument, syvyiorn, declared that the a% nowledged to me that e/gexecuted the same. Notary Public for Idaho Residkag. Boi ,r14 ,ommission expires: I