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2 <br />0 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />(d) It is a public nuisance for any person to allow the provision, display for sale, <br />distribution or sale of any substance claimed or represented to be a synthetic drug on property <br />owned, controlled or managed by such person within the City of Colton. <br />(e) To determine if a person is claiming or representing that a substance or product is <br />a synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in <br />section 9.23.040 of this Chapter. <br />(f) A criminal conviction is not required for establishing the occurrence of nuisance <br />activity pursuant to this Chapter. The occurrence of nuisance activity may be established by <br />documented evidence that the nuisance activity was witnessed by a code enforcement officer, <br />peace officer or other witness willing to testify. <br />(g) The remedies set forth in this Chapter are cumulative and additional to any and all <br />other legal remedies available whether set forth elsewhere in the Colton Municipal Code, or in <br />state or federal laws, regulations, or case law. <br />9.23.070 Summary abatement. <br />Because the use of synthetic drugs has been documented to cause hallucinations, agitation, <br />psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any violation of <br />this Chapter presents a grave and imminent danger not only to the person consuming the synthetic <br />drug, but also to the public at large. If the code enforcement officer, based on the facts then <br />known, determines that a violation of this division presents an imminent danger or hazard or is <br />imminently injurious to the public health or safety, then that violation is punishable by the <br />summary abatement procedures set forth in Section 8.04.150 of this Municipal Code. <br />9.23.080 Revocation of business license. <br />No person holding a city business license and owning or operating a business in the city <br />may use that business to store, provide, distribute or sell any synthetic drug or any substance <br />claimed or represented to be a synthetic drug. A violation of this section by the holder of a city <br />business license, shall constitute grounds for modification, suspension, revocation, or any <br />combination thereof, of said license. <br />9.23.090 Penalties. <br />(a) Misdemeanor violation. Failure to comply with any of the requirements of this <br />Chapter is a misdemeanor punishable by imprisonment in the city or county jail for a period not <br />exceeding six months or by fine not exceeding $1,000.00, or by both, provided that where the city <br />attorney determines that such action would be in the interest of justice, he/she may specify in the <br />accusatory pleading that the offense shall be an infraction. <br />(b) Infraction violation. Where the City Attorney determines that, in the interest of <br />justice, a violation of this Chapter is an infraction, such infraction is punishable by a fine not <br />exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the <br />same provision within one year, and a fine not exceeding $500.00 for each additional infraction <br />violation of the same provision within one year. An infraction is not punishable by imprisonment. <br />A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled <br />-10- <br />