HomeMy WebLinkAboutOrd.5329.08-17-2020 BILL NO. 20-121 ORDINANCE NO. 632,7
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING REGULATION OF
METHAMPHETAMINE PRECURSOR DRUGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . Article XI, entitled "Regulation of
methamphetamine precursor drugs", of Chapter 17 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading 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 RSMo § 195 . 246 or 195 . 248 .
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(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.
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.
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(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.
Secs. 17-258-17-299. - Reserved.
is hereby repealed in its 'entirety and a new Article XI, of
Chapter 17 entitled "Regulation of methamphetamine precursor
drugs", is hereby enacted in lieu thereof, in words and figures,
to read as follows, to-wit :
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 .
3
(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 RSMo § 195 . 246 or 195 . 248 .
(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 permitted by
state law.
Sec. 17-253. - Prima facie evidence.
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. 17-254 . - 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. 17-255 . - Injunctive relief.
The city may seek injunctive relief against any person who
is in violation of this section.
Sec. 17-256. - Penalty.
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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.
Secs . 17-257-17-299. - Reserved.
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.
ARTICLE 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS Y DAY OF �"1 v , 2020 .
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/if/ ,
Bob Fox, Mayor
ATTEST:
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'truce T_40 r, Deputy City Clerk �� t \; ' ',
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