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HomeMy WebLinkAbout0431 Ord (Adopting State Pharmacy Law of 1937, etc)288 ORDINANCE NO. 431 AN ORDINANCE ADOPTING THE STATE PHARMACY LAW OP 1937, PROHIBITED DRUG ACT AND UNIFORM NARCOTIC DRUG ACT BY REFERENCE, PROHIB1TING THE POSSES- SION OF INJECTION IMPLEMENTS, PROHIBITING THE SALE, POSSESSION AND IN- HALATION OF CERTAIN CHEMICALS WITHIN THE CITY OF STILLWATER, AND PROVID- INC PENALTIES FOR VIOLATIONS. The City Council of the City of Stillwater does hereby ordain as follows, Section 1. State Pharmacy Law of 1937, Prohibited Druq Act and Uniform Narcotic Druq Act Adopted. The provisions of Minnesota Statutes annotated, Chapters 151, 152 and 618, each as amended by subsequent laws of the State of Minnesota, are adopted as part of a Drug, Narcotics, Poisons and Chem- icals ordience regulatingthe transfer of possession, possession and use of drug, narcotics, poisons and chemicals within the City and are hereby incorporated in and made a part of this ordinance as completely as if set out here in full. Section 2. Possession of Injection Implements. No person or persons ex- cept dealers or salesmen in surgical instruments, registered pharmacies, licensed pharmacists, licensed doctors of medicine, doctors of osteopathy duly licensed to practice medicine, licensed doctors of dentistry, licensed doctors of veterinary medicine, or nurses or interns in any licensed hos- pital or other licensed institutions wherein sick and injured persons are cared for or treated, or bona fide hospitals wherein animals are treated, when under the direction and supervision cf a licensed doctor as defined above, shall at any time have or possess any hypodermic syringe or needle or any instrument or implement adapted for the use of cocaine or narcotic drugs by subcutaneous injections, unless such possession be authorized by the certificate of a physician issued within the period of one year prior to any time of such possession. No person shall use, possess or have under his control for use any stem, bowl, yen hock or other opium -smoking para- phernalia or accessories used for the smoking or inhalation of opium. Section 3. Prohibiting inhalation of Chemicals. No person shall inhale, breathe, drink or otherwise take into the body any compound, liquid or chemical containing toluol, hexane, trichloretblene, acetone. toluene, ethyl acetate, methyl ethyl ketone, trichoroathane, isopropanol, methyl isobutryl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance capable of inducing intoxication, elation, dizziness, paralysis, irrational behavior, or, in any manner, distorting or changing the audio, visual or mental processes. For the purpose of this section, any such conditions so induced shall be deemed to be an intoxicated condition, pro- vided, however, that the provisions of this section Shall not apply to any person who inhales, breathes or drinks such material or substance pur- suant to the direction or prescription of any licensed doctor as listed in Section 2 above, and authorized to so direct or prescribe. Section 4. Sale or Possession. No person shall, for the purpose of violat- ing or aiding another to violate any provision of this ordinance, intentional- ly possess, buy, sell, transfer possession or receive possession of any glue or cement containing any of the intoxicating substances defined in Section 3. Section 5. Restriction of Sales to Minors. Except as provided in Sub -sec- tion (b) hereof and Section 6, no person under eighteen (18) years of age shall possess or buy any glue or cement containing the intoxicating sub- stances defined in Section 3. (a) Except as provided in subsection (b) hereof and Section 6, no person shall Bell or tranfer possession of any glue containing the intoxicating substances defined in Section 3 to another person under eighteen (18) years of age. (b) Provided, however, a person may Bell or transfer possession of any glue containing the intoxicating substance defined in .,ection 3 to a person under eighteen (18) years of age for model building or other lawful use where A said juvenile has in his possession end presents the written consent of his parent or guardian, which consent shall contain the address and telephone number of said parent or guardian. (c) This section shall not apply where the glue or cement is sold, de- livered or given away simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar >models. Section 6. Permanent Reoords of Sale or Transfer. A person making a sale or transfer of -possession of any glue containing the intoxicating substance defined in Section 3 to a person under eighteen (18) years of age who pre- sentsthe written consent of his parent or guardian shall keep the written consent required by this section in a permanent type file available for in- spection by the Police D epartment for a period of at least six months. Section 7. Self -Service Displays Prohibited. Retail establishments sell- ing glueor cement : containing the intoxicating substances defined in Section 3 shall not sell such glue or cementfrom a self-service display. Section 8. Organized Model Classes Excluded. This ordinance shall not apply to the distribution of glue or cement by adult supervised youth or- ganizations for use by theirregularly organized model classes. Section 9. Nemec, to Public Welfare. Any possession, sale, ;distribution, prescribing, administration„dispensation or use 'of drugs, narcotics,: poison or chemicals, or any hypodermic syringe or needle, or any instrument or im- plement adopted for the use of :narcotic drugs. or any stem. bawl, lamp, 'yen hock or other narcotic smoking paraphernalia or accessories used for the smoking or inhalation of narcotics contrary to the provisions of this ordi- nance, is hereby declared to be dangerous to the public health and menace to the public welfare. Section 10. -Penalty. Any Person violating any provisions of. this Ordinance shall beguilty of ':a misdemeanor and upon conviction thereof shall be pen ished by a fine of not to exceed $100.00 or imprisonment in the county jail for not to exceed 90 days. Section 11. Effective Date. This ordinance shall take effect and be in force from and after its adoption and publication as provided by law and the Charter of the City of Stillwater. Passed by the City Council of the City of Stillwater this 19th day of November, 1968. Published November 22, 1968. Attests artAjed City Mayor