HomeMy WebLinkAboutOrdinances 19-01-387 - 01/23/2019 - Prohibition on Marijuana & Opiate SubstitutesSTATE OF GEORGIA ORDINANCE NO.19-01-387
COUNTY OF FULTON
AN ORDINANCE TO REVISE CHAPTER 32, SECTION 32-114 - PROHIBITION ON
SALE, MANUFACTURE, USE, DELIVERY, PURCHASE, POSSESSION OR
_DISTRIBUTION OF UNREGULATED MARIJUANA SUBSTITUTES
AND OPIATE SUBSTITUTES
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 23=d day of January 2019 at 6:00 p.m., as follows:
SECTION 1. Pursuant to Section 1.12(b)(17) of the City Charter, the City is
authorized to provide for the general health, safety, and welfare; and,
SECTION 2. The City desires to update Section 32-114 - Prohibition on Sale,
Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated
Marijuana Substitutes; and
SECTION 3. Pursuant to that authorization in Chapter 32 of The Code of the City
of Milton, Georgia, is hereby amended by incorporating the insertions and deletions
shown in the document attached hereto and incorporated herein by reference as Exhibit
A.
SECTION 4. All ordinances, parts of ordinances, or regulations in conflict
herewith are Repealed; and
SECTION 5. That this Ordinance shall become effective upon its adoption.
ORDAINED this 23rd day of January 2019.
Attest:
�]M�nd
Sudie Gordon, City
Approved:
Joe Lockwood, a r
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EXHIBIT A
DIVISION 5. - MISCELLANEOUS VIOLATIONS
Sec. 32-108. - Treasure hunts.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Treasure hunt.
(1) The term "treasure hunt" means advertising campaigns conducted for the purpose of promoting
the sale of any merchandise, commodity or service of any business or profession conducted for
private or corporate gain, whereby some article, thing or token is hidden within the corporate city
limits and clues as to the locations of such article, thing or token are given by any form of
advertising, either by newspaper, radio or television or in any other manner.
(2) The term "treasure hunt' does not include private social parties involving no element of
commerce or gain.
(b) Prohibited. It shall be unlawful for any person to conduct or aid and abet in the conducting of any
treasure hunt within the corporate city limits.
(Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 5),11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 5), 4-
19-2007)
Sec. 32-109. - Moving household goods at night.
It shall be unlawful for any person to move or transport household goods and furnishings from one
place of residence to another between the hours of sunset and sunrise without first having obtained a permit
to do so from the police chief. All applications for permits shall be filed more than 24 hours prior to the time
of actual moving, together with the permit fee as specified in the city fee schedule.
(Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 6),11-21-2006; Ord. No. 07-04-23, § 1(ch.12, art. 6, § 6), 4-
19-2007)
Sec. 32-110. - Residential picketing.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Picket or picketing means:
(1) To patrol or station oneself at a residence, bearing some insignia or sign designed to persuade
or protest;
(2) Staging a public or private protest of any kind;
(3) Obstructing passage to or from a residence; or
(4) Promoting a strike or a boycott at an individual residence.
(b) Prohibited. It shall be unlawful for any person to picket or engage in picketing upon, before or about
the private residence or home of any individual.
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(Ord. No. 06-11-16, § 1(ch.12, art. 6, § 7),11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 7), 4-
19-2007)
State Law reference— Unlawful assembly, O.C.G.A. § 16-11-33; inciting to riot, O.C.G.A. § 16-
11-31.
Sec. 32-111. - False representations to police or any city department.
It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either on
such person's own behalf or on behalf of others, as principal or as agent, to make or file orally or in writing
any false representations of fact to any city police officer or to any department of the city government.
(Ord. No. 06-11-16, § 1(ch.12, art. 6, § 8),11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 8), 4-
19-2007)
Sec. 32-112. - Day labor prohibitions.
It shall be unlawful for any person to:
(1) Pick up or hire day laborers on private property without the permission of the property owner; or
(2) Assemble on private property for the purpose of soliciting work as a day laborer without the
permission of the property owner and after having been directed to cease such action by the
property owner or other lawful authority.
(Ord. No. 06-11-16, § 1(ch.12, art. 6, § 9),11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 9), 4-
19-2007)
Sec. 32-114. - Prohibition on the sale, manufacture, use, delivery, purchase, possession or distribution of
unregulated marijuana substitutes.
(a) Definitions. The following words as used in this section shall have the following prescribed meaning:
(1)Unregulated marijuana substitutes shall mean and refer to any compounds or substances,
whether described as tobacco herbs, incense spice, aromatherapy incense, bath salts, potpourri,
herbal smoking blends, plant food, aromatic substance that may cause a sense of euphoria,
novelty aromatic, or any blend thereof, regardless of whether the compound or substance is
marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human
consumption, that:
a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under
Georgia law, (including but not limited to the following Georgia laws: O.C.G.A. § 16-13-
25, any amendments to O.C.G.A. § 16-13-25 including the 2012 Act of the Georgia General
Assembly known as "Chase's Law", and the emergency rule of the Georgia State Board of
Pharmacy enacted on June 12, 2012 declaring five specific additional compounds as
"synthetic cannabinoids" that are Schedule 1 controlled substances under Georgia law);
b. Is privately compounded, with the specific intent to circumvent the criminal penalties
for synthetic cannabinoids under Georgia law; and
c. Emulate, simulate or mimic the effects of marijuana or synthetic cannabinoids through
chemical changes such as the addition, subtraction or rearranging of a radical or the
addition, subtraction or rearranging of a substituent.
(2) Unregulated opiate substitutes shall mean and refer to any compound or substance, whether
synthetic or naturally occurring, regardless of whether the compound or substance is marketed
for the purpose of being smoked, injected, inhaled or ingested by humans or for human
consumption, that:
a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under
Georgia law (including, but not limited to, O.C.G.A. § 16-13-25 and any amendments to
O.C.G.A. § 16-13-25);
b. Is marketed with the specific intent to circumvent the criminal penalties for opiates
under Georgia law; and
c. Emulates, simulates or mimics the effects of opiates by causing a sense of euphoria,
heightened senses, relaxation, awareness, focused energy, improved memory, mood
alteration or enhancement or hallucinogenic effect when taken at various doses.
(3) Opiate shall mean and refer to that term as it is defined in O.C.G.A. § 16-13-21, including those
substances that are specifically listed and identified as Schedule 1 controlled substances under
O.C.G.A. § 16-13-25(1) and 16-13-25(2), any amendments thereto, or any other Code Section of
the Official Code of Georgia.
(4) Synthetic cannabinoids shall mean and refer to those certain compounds or substances (also
commonly known or referred to in general as "Spice" or "K2") that mimic, emulate or simulate
the effects of marijuana or the active ingredient in marijuana (Tetra hydrocannabinol) that are
specifically listed and identified as Schedule 1 controlled substances under O.C.G.A. §§ 16-13-
25(3) and 16-13-25(12), any amendments thereto, or any other Code Section of the Official
Code of Georgia.
(5) Substituent shall mean an atom or group that replaces another atom or group in a molecule.
(6) Radical shall mean and refer to a group of atoms that enters into and goes out of chemical
combination without change and that forms one of the fundamental constituents of a molecule.
(7) Person shall mean and refer to any individual, natural person, partnership, firm, corporation,
joint venture, proprietorship, business entity, association, agency, group, organization or group
of persons or any other entity.
(b) It shall be unlawful for any person to use, sell, give, manufacture with intent to sell, possess,
purchase, deliver, transport or distribute any unregulated marijuana substitutes or any unregulated
opiate substitutes within the limits of the City of Milton.
(c) Any person violating this section as it exists or may be amended, upon conviction, shall be punished by
the imposition of a fine not to exceed $1,000.00, by imprisonment for a period of time not to exceed 60
days, or by both such fine and imprisonment. Each day any violation of this section shall continue shall
constitute a separate offense.
(d) A person convicted of violating this section is also subject to the revocation of the privilege of
operating a business within the limits of the City of Milton.
Secs. 32-115-32-131. - Reserved.
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