Town Of Cedar Bluff Adopts Ordinance Banning Certain Smoking Products

The Town of Cedar Bluff has adopted an Ordinance banning the sale of certain smoking products inside the Town Limits.

Cedar Bluff Police Chief Steve Walden explains

Cedar Bluff Police Chief Steve Walden addresses the Town Council concerning the sale of certain "smoking products" in the town
Cedar Bluff Police Chief Steve Walden addresses the Town Council concerning the sale of certain “smoking products” in the town

ORDINANCE NO. 2015-12

BANNED SMOKING PRODUCTS

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CEDAR BLUFF, ALABAMA, AS FOLLOWS:

Section 1.            Definitions

               Banned smoking products shall mean any substance whether described as tobacco herbs, incense spice, aromatherapy incense, aromatic substance that may cause sense of euphoria, novelty aromatic, or any blend thereof regardless of whether the substance is marketed for the purpose of being smoked which includes, but not limited to, any one or more of the following chemicals:
(1) Salvia divinorum or salvinorum A—All parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts.

               (2) 2-[1 R, 3S)-3-hydroxycyclohexyl]-5-(2methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;

(3) (6aR, 10aR)-9-(hydroxycyclohexyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-o1, some other trade or other names: HU-210.

(4) 1-Penty1-3-(1-naphthoyl) indole, some trade or other names: JWH-018.

(5) 1-Butyl-3-(1-naphthoyl) indole, some trade or other names: JWH-073

(6) (4-methoxynaphthalen-1-yl-(1 pentylindol-3-yl)methanone, some trade or other names: JWH-081.

(7) Any nonprescription or other substance not prescribed by a physician whose affects mimic those of marijuana.

Products containing some or all of the above substances are currently being marketed under the following commercial names: “K-2”, “K-2 Summit”, “Genie”, “Dascents”, “Zohai”, “Sage”, “Spice”, “KO Knockout 2”, “Spice Gold”, “Spice Diamond”, “Yucatan Fire”, “Solar Flare”, “Pep Spice”, “Fire N’ Ice”, “Black Magic Smoke” and Salvia Divinorum”.

Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names.

“Banned smoking product” shall also include all tobacco herbs, incense spice, aromatherapy incense, aromatic substance, or any blend thereof that may not contain any chemical listed above but may cause sense of euphoria or any side effect that may alter mental state of person(s).

               Ingestion device shall mean equipment, product or material that is used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing an illegal or banned smoking product into the human body such as, but not limited to:

               (1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipe with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes or devices;

(4) Smoking and carburetion masks;

(5) Roach clips: meaning objects used to hold burning material, such as marihuana cigarette, that has become too small or too short to be held in the hand;

(6) Chamber pipes;

(7) Carburetor pipes;

(8) Electric pipes;

(9) Air driven pipe;

(10) Chillum;

(11) Bongs;

(12) Ice pipes or chillers;

(13) Glass tubes which are hollow, cylindrical items made of glass which are smaller than three-quarters of an inch in diameter, shorter than 12 inches in length, and which are not sealed with glass at both ends.

Person shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed of unlicensed business.

Section 2.            Sell, offer, gift, display or possession.

               It shall be unlawful for any person(s) to use, possess, purchase, barter, give, publicly display, sell, or offer for sale within the town limits of Cedar Bluff, Alabama, any banned smoking product or ingestion device.

Section 3.            Use or possession of ingestion devices.

               It shall be unlawful for any person(s) to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.

Section 4.            Penalty

               Any person, firm, corporation or entity violating this article, as it exists or may be amended, upon conviction therof, shall be fined a sum not exceeding $500.00 and may be sentenced up to 60 days in jail. Conviction of this article may also result in the Town of Cedar Bluff revoking any person, firm, corporation or entity’s privilege of operating a business within the town limits of Cedar Bluff, Alabama. Each continuing day’s violation under this article shall constitute a separate offense.

               All provisions of any ordinance in conflict with this article are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.

*

In other business, Mayor Tammy Crane announced that the Lighting of the Park would take place on November the 21st, it was also announced that the town will have their annual Truck or Treat in the Park event on October 31st from 5-9 pm with inflatable’s for the kids, a haunted hay ride in addition to refreshments served by the 21st Century Club.

Mayor Crane also announced that a new piece of equipment has been added in the park in the form of a fully handicap, wheel chair accessible swing, Crane said that she appreciates the hard work of Councilman Norman Burton for his role in helping to secure the funding for the equipment also extending thanks to Cherokee Electric Co-op, the Cedar Bluff Police Department and Bradley Kiser, the Town’s Maintenance Worker for installing the equipment.

swing
A new fully handicap, wheel chair accessible swing is installed in the Cedar Bluff Town Park

Cedar Bluff resident Herb Sherwin addressed the council to inform them that he is heading up a coordinated effort in order to find out exactly who has jurisdiction over the Causeway as it pertains to the removal of the trees along the 1.9 mile stretch of roadway.

Sherwin said that he has the approval of Alabama Power Company but is trying to work to find a happy medium so that everyone will benefit from the project.

Sherwin went onto say that at this time he had no results to bring before the council he simply wanted to present his intentions for informational purposes.

Finally, the council approved the minutes from the Cedar Bluff Utility Board meeting on August 18th, approved the financial reports for September and also received the police department report.

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