Ordinance - 2016ORDINANCE NO. 2016
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING THE WEST COVINA
MUNICIPLE CODE TO ADD CHAPTER 15, ARTICLE XII,
(SECTIONS 15-300 ET SEQ.) REGULATING EPHEDRINE
PURCHASES
The City Council of the City of West Covina does ordain as follows:
SECTION 1. Findings: The City Council of the City of West Covina finds as follows:
(a) There is a current threat to the public health, safety and welfare in that the
manufacture, processing, transportation, possession and sales of illicit narcotics and
drugs are inherently dangerous and that chemicals, compounds, substances,
byproducts and wastes which are associated with the manufacture of illicit
narcotics and drugs are both dangerous and injurious to the health, welfare and
safety of the citizens of West Covina.
(b) There has been an increase of sales, reports of sales, thefts and possession of over-
the-counter drugs which contain substances known as ephedrine, pseudoephedrine,
pseudoephedrine hydrochloride, ephedrine hydrochloride, and pseudoephedrine
sulfate along with other substances and products associated with the manufacture
of methamphetamine and that retailers are regularly victimized by those persons
who steal these substances, drugs and products on a regular basis.
(c) The general public does not normally purchase the described products in multiple
quantities and it is not the City Council's intent to restrain legitimate businesses or
customers from selling or purchasing the described products.
(d) No provision of this ordinance shall hinder or supersede any other applicable state
or federal statute.
SECTION 2. Article XII, Sections 15-300 through 15-302, are added to the West Covina
Municipal Code to read as follows:
ARTICLE XII. REGULATION OF EPHEDRINE PURCHASES
See. 15-300 Definitions.
The following definitions apply to this Article:
(a) Ephedrine means any drug, substance or compound, whether legal or illegal that
contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine
hydrochloride, pseudoephedrine or ephedrine.
(b) Retailer means any single geographic location of any retail business, company,
corporation, person, employee or associate who furnishes, distributes, sells, or
gives away ephedrine.
(c) Customer means any person who purchases or acquires the products described in
this article, or persons who are present for the purchase or acquisition of ephedrine.
(d) Sell means to furnish, give away, exchange, transfer, deliver, surrender, or supply
whether for monetary gain or not.
(e) Count means the number of pills, tablets, capsules, or individual units of a
substance contained within an individual package, box or container.
Ordinance No. 2016
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Sec. 15-301 Limitations on Sales and Purchases.
(a) Limit on Sales.
No retailer shall sell to a single customer, more than two packages of a
product containing ephedrine in counts of 24 or less per transaction per 24 hour
period, or more than one package per transaction if the count is in excess of 24 per
package, or if the total weight or the amount of ephedrine contained in the
packages exceeds a weight of 3000 milligrams or 3 grams.
(b) Limit on Purchases.
No customer shall purchase or acquire in any 24 hour period, more than
two packages of a product containing ephedrine in counts of 24 or less per
transaction, or more than one package per transaction if the count is in excess of 24
per package, or if the total weight or the amount of ephedrine contained in the
packages exceeds a weight of 3000 milligrams or 3 grams.
Sec. 15-302 Penalties.
Any customer, or retailer violating any of the provisions of this Article is deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding one thousand dollars ($1,000), or imprisonment for a term not
exceeding six (6) months, or by both such fine and imprisonment.
SECTION 3. Severability.
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this ordinance
shall remain in full force and effect.
SECTION 4. Effective Date.
This ordinance shall become effective thirty (30) days from the date of its
adoption.
SECTION 5. Certification.
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published as required by law.
APPROVED AND ADOPTED this 2nd day of [June , 1998.
ATTEST
City Clerk Janet Berry
Mayor Richard
Ordinance No. 2016
I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the
foregoing ordinance was introduced at the regular City Council meeting of May 19 ,
1998 and duly approved and adopted by the City Council at the regular meeting of
June 2 , 1998, by the following vote of the Council:
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
ABSENT: None
ABSTAIN: None
Approved as to form:
City ttorney Elizabeth Martyn
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City.Clerk Janet Berry