HomeMy WebLinkAboutOrd.4171.12-06-2010 ,i
BILL NO. 10-145 ORDINANCE NO. glr7l
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY
ADDING A NEW ARTICLE XI ENTITLED "REGULATION OF
METHAMPHETAMINE PRECURSOR DRUGS"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
Article 1 . That Chapter 17 of the Code of Ordinances of
the City of Cape Girardeau, Missouri, is hereby amended by
adding a new Article XI, entitled "Regulation of Methamphetamine
Precursor Drugs", in words and figures to read as follows :
ARTICLE XI . REGULATION OF METHAMPHETAMINE PRECURSOR DRUGS
Sec. 17-250 . General policy.
The City Council of the City has found the manufacture,
transportation, possession and sale of methamphetamine
to be inherently dangerous and that the chemical
precursors of methamphetamine and the byproducts and
wastes of methamphetamine production are inherently
dangerous and injurious to the public health, safety and
welfare of the citizens of the city. Regulation of the
sale of the chemical precursors to methamphetamine
production, such as ephedrine products and
pseudoephedrine products, is necessary to protect the
citizens of the city.
Sec. 17-251 . Definitions .
For the purposes of this Article, the following words
and phrases shall have the meanings respectively
ascribed to them by this Section:
(a) Ephedrine . All forms of ephedrine, ephedrine
hydrochloride and all combinations of these
chemicals and any methamphetamine precursor drug
containing these chemicals .
(b) Pseudoephedrine . All forms of pseudoephedrine,
pseudoephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine
precursor drug containing these chemicals .
(c) Methamphetamine precursor drug. Any drug or
substance as described in Section 195. 246 or
Section 195 . 248 of the Revised Statutes of
Missouri .
(d) Person. Any individual, corporation, partnership,
trust, limited liability company, firm, association
or other entity.
(e) Sell. To knowingly furnish, give away, exchange,
transfer, deliver, surrender, or supply, whether
for monetary gain or not .
Sec. 17-252 . Prohibition of sale of methamphetamine
precursor drugs .
It shall be illegal for any person to sell, deliver or
distribute ephedrine, pseudoephedrine or any other
methamphetamine precursor drugs except as set forth in
the specific exceptions contained in this Article.
Sec. 17-253 . Exceptions .
(a) Ephedrine, pseudoephedrine or other methamphetamine
precursor drugs may be sold by a Missouri licensed
pharmacist after being authorized to do so by a
written prescription from a physician or other
healthcare professional licensed by the State of
Missouri to write prescriptions.
(b) Ephedrine, pseudoephedrine or other methamphetamine
precursor drugs may be distributed by a licensed
physician within the physician' s office, clinic,
nursing home or other licensed healthcare facility.
(c) This Section regulating ephedrine, pseudoephedrine
or other methamphetamine precursor drugs shall not
apply to the sale of animal feed containing
ephedrine or dietary supplement products containing
naturally occurring or herbal ephedra or extracts
of herbal ephedra.
Sec. 17-254 . Prima facie evidence.
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It shall be prima facie proof that a substance is
regulated by this Section if the substance is contained
in its original packaging and is labeled as being
ephedrine, pseudoephedrine or other methamphetamine
precursor drugs .
Sec. 17-255 . Reporting theft of methamphetamine
precursor drugs .
(a) All thefts, shortages, disappearances, miscounts or
other losses of ephedrine, pseudoephedrine or other
methamphetamine precursor drugs shall be reported
to the police department of the City within twenty-
four (24) hours of discovery.
(b) Any person selling ephedrine, pseudoephedrine or
other methamphetamine precursor drugs shall report
any difference between the quantity of the
aforementioned drugs shipped and the quantity
received to the police department of the City
within twenty-four (24) hours of discovery.
Sec. 17-256. Injunctive relief.
The City may seek injunctive relief against any person
who is in violation of this Section.
Sec. 17-257 . Penalty.
Each violation of this Section shall be considered a
separate offense. Violation of this Section shall be
punished under Section 1-8 of the Code of the City.
Article 2 . If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Article 3 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
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Article 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED this day of E)ee(?I'77,4V-
2010 .
Harry E. ed7rger, Mayor
ATTEST:
G I.-RD
Gay L. Conrad, City C
I pN
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