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2 <br />3 <br />4 <br />5 <br />6 <br />7 <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 />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, <br />CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: <br />SECTION 1. Incomoration of Recitals. The City Council hereby finds that all of the <br />foregoing recitals and the staff report presented herewith are true and correct and are hereby <br />incorporated and adopted as findings of the City Council as if fully set forth herein. <br />SECTION 2. The City Council of the City of Colton adopts Chapter 9.23 to Title 9 in its <br />entirety to read as follows: <br />"Chapter 9.23 <br />PSYCHOACTIVE HERBAL INCENSE, PSYCHOACTIVE BATH SALTS AND OTHER <br />SYNTHETIC DRUGS <br />9.23.010 Purpose and intent. <br />9.23.020 Definitions. <br />9.23.030 Provision, display for sale, sale or distribution of synthetic drugs prohibited. <br />9.23.040 Provision, display for sale, sale or distribution of substances claimed or <br />represented to be synthetic drugs prohibited. <br />9.23.050 Possession of synthetic drugs prohibited. <br />9.23.060 Public nuisance. <br />9.23.070 Summary abatement. <br />9.23.080 Revocation of business license. <br />9.23.090 Penalties. <br />9.23.100 Seizure of evidence. <br />9.23.110 Exclusions. <br />9.23.010 Purpose and intent. <br />Recreational use of psychoactive herbal incense, psychoactive bath salts and similar <br />products known as "synthetic drugs" has been documented to cause hallucinations, agitation, <br />psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. While state and <br />federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually <br />alter the composition of the compounds in their products so as to escape the purview of these laws <br />and regulations. <br />It is the purpose and intent of this Chapter to prohibit the sale or possession of <br />psychoactive herbal incense and psychoactive bath salts, as those terms are defined herein, in the <br />City in order to protect and preserve the public peace, safety, health, and welfare of those within <br />the City and to provide the City with reasonable measures to address the dangers to the <br />community posed by synthetic drugs, including those not regulated by state or federal law. <br />Nothing in this Chapter shall be construed to cease or limit or encroach in any way upon any field <br />of law occupied by federal law or by the laws of the state of California. <br />The prohibition of psychoactive herbal incense and psychoactive bath salts is necessary <br />and in the interests of the public health, safety and general welfare because there is the substantial <br />likelihood of the sale and use of these illegal drugs in the City of Colton. The sale and use of <br />152 <br />