Ord 529ORDINANCE NO. 529
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING CHAPTER 9.11
TO THE POWAY MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO
POSSESSION OF CLONAZEPAM, TO TAKE EFFECT IMMEDIATELY BASED ON A
DECLARATION OF URGENCY
WHEREAS, the City Council of the City of Poway ("Council") finds that:
(1) In addition to its legal uses, adults and juveniles are abusing
clonazepam to become intoxicated and/or to facilitate sexual assault.
(2)
assault.
There are reports of clonazepam being used to facilitate sexual
(3) There is a current and immediate threat to the public safety and
welfare, in that the use of clonazepam by juveniles and adults is increasing at an
alarming rate in the County of San Diego due to its easy access, Iow price, and
powerful effect.
(4) Currently there is no law that prohibits mere possession of this drug
without a valid prescription; and
WHEREAS, the Council finds that "clonazepam" means any drug, substance, or
compound, whether legal or illegal, that contains clonazepam as described in California
Health and Safety Code section 11057(d)(6); and
WHEREAS, the Council finds that except as authorized by law or Article 7
(commencing with Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, it is unlawful for any person to possess clonazepam or any
substance that contains clonazepam without a valid prescription. Mere possession of
clonazepam or any substance that contains clonazepam without a valid prescription is a
violation of this section and shall be treated as a strict liability offense regardless of the
person's intent regarding such possession; and
WHEREAS, any person who violates any provision of this section is guilty of a
misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment for a period of not more than six (6) months in the County Jail, or both
such fine and imprisonment; and
WHEREAS, this ordinance is declared to be an Ordinance necessary for
immediate preservation of the public peace, health, and safety within the meaning of
section 36937 of the Government Code and shall take effect immediately upon
adoption. The facts constituting such necessity are as follows:
Possession of clonazepam without a prescription facilitates its use for
recreational purposes, which produces serious motor impairment, disorientation,
amnesia, and, in some cases, coma and respiratory failure. Possession of
Ordinance No. 529
Page 2
nonprescribed clonazepam also has led to its use in sexual assaults. An urgency
ordinance is needed to immediately allow law enforcement personnel to arrest
persons who possess clonazepam without a valid prescription in order to prevent
the health dangers associated with its use and to increase public safety by
impeding the use of clonazepam in sexual assaults.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 9.11 is hereby added to the Poway Municipal Code
to read as follows:
Chapter 9.11
Sections:
9.11.010 Declaration of purpose.
9.11.020 Definitions.
9.11.030 Limitations of the sale or purchase of clonazepam.
9.11.040 Separate violation of each incident.
9.11.050 Enforcement authority.
9.11.060 Enforcement remedies
9.11.010 Declaration of Purpose. The City Council of the City of Poway finds and
declares as follows:
A. In addition to its legal uses, adults and juveniles are abusing clonazepam to
become intoxicated and/or to facility sexual assault.
B. There is a current and immediate threat to the public safety and welfare, in that
the use of clonazepam by juveniles and adults is increasing at an alarming rate in the
County of San Diego due to its easy access, Iow price, and powerful effect.
C. Currently there is no law that prohibits mere possession of this drug without a
valid prescription.
9.11.020 Definitions. Except as otherwise provided, for purposes of this Chapter:
"Clonazepam" means any drug, substance, or compound, whether legal or illegal, that
contains clonazepam as described in California Health and Safety Code section
11057(d)(6).
9.11.030 Limitations of the sale or purchase of clonazepam. Except as authorized
by law or Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the
Business and Professions Code, it is unlawful for any person to possess clonazepam or
any substance that contains clonazepam without a valid prescription. Mere possession
of clonazepam or any substance that contains clonazepam without a valid prescription
is a violation of this section and shall be treated as a strict liability offense regardless of
the person's intent regarding such possession.
9.11.040 Separate violation for each incident.
9.11.030 shall constitute a separate offense.
Ordinance No. 529
Page 3
Each incident in violation of Section
9.11.050 Enforcement authority. The City Attorney shall be authorized to administer
and enforce the provisions of this Chapter.
9.11.060 Strict liability offenses. Violations of any provision of this Chapter shall be
treated as a strict liability offense regardless of intent.
SECTION 2: This ordinance shall become immediately effective pursuant to
Government Code §36937(b) for the immediate preservation of the public peace,
health, and safety.
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This ordinance shall take effect and be in force immediately
upon its passage; and the City Clerk of the City of Poway, before the expiration of
fifteen (15) days after passage, shall publish the ordinance once with the names of
members voting for and against the same utilizing the Poway News Chieftain, a
newspaper of general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 29th day of August, 2000, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 29th day of August, 2000, by the following
roll call vote:
AYES:
NOES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Michael Cafagt
Lori ~nne Peoples, City C}erk