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Ordinance No. 19552
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Ordinance No. 19552
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6/10/2010 3:45:24 PM
Creation date
2/27/2009 1:34:46 PM
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Council Ordinances
CMO_Document_Number
19552
Document_Title
Establishing regulations for items marketed for use with controlled substances requiring licenses; amending Section 3.005 of the Eugene Code, 1971; adding 3.300, 3.302, 3.304, 3.306, 3.308, 3.310, 3.312 & 3.314 to that Code; & declaring an emergency.
Adopted_Date
5/9/1988
Approved Date
5/9/1988
CMO_Effective_Date
5/9/1988
Signer
Brian B. Obie
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furnished, transferrred, or given away unless such drug paraphernalia are <br />completely and wholly kept, displayed or offered within a separate roam or <br />enclosure to which persons under the age of 18 are excluded. Each entrance <br />to such a room or enclosure shall be clearly posted in reasonably visible and <br />legible words to the effect that drug paraphernalia are kept, displayed or <br />offered ~n such room and that minors are excluded. <br />~2} Nv business, owner, licensee or proprietor shall permit any <br />person under the age of 18 years to enter, remain or visit a room or enclo- <br />sure described in subsection ~1} which contains drug paraphernalia. <br />~3} No permit for a drug paraphernal i a sales 1 i cense shal 1 be <br />issued until such time as the applicant has complied with the provisions of <br />subsection ~1}. <br />3.310 Dru Para hernal i a - Re ul at i ons . The 1 i censee shal 1 campl y with <br />all applicable federal, state and local laws and regulations. Con- <br />viction of the licensee far any drug- or controlled substance-related offense, <br />except possession of less than one ounce of marijuana, shall be grounds far <br />revocation of the license. <br />3.312 Dru Para hernalia - Exem t Persons. The provisions of sections <br />3.300 to 3.314 of this Cade do not apply to any of the following: <br />~a} A pharmacist or other licensed health care provider who <br />sells or furnishes drug paraphernalia as defined in section 3.005 <br />of this code upon the prescription of a physician, dentist, podi~ <br />atr~st yr veter~nar~an; ar <br />fib} A physician, dentist, podiatrist, yr veterinarian who <br />furnishes or prescribes drug paraphernalia as defined in section <br />3.305 of this code to his or her patients. <br />3.314 Civil Forfeiture. <br />~1} A willful violation of any of the provisions of sections 3.300 <br />to 3.310 of this code by any person may, upon a determination of the viola- <br />tion, result in the seizure and civil forfeiture of all drug paraphernalia <br />possessed and/or offered for sale by such person within the city in accordance <br />with the procedures set forth herein. <br />42} A willful violation of sections 3.300 to 3.310 of this code <br />shall mean a second violation, committed on separate days, of any of the re- <br />quirements stated herein within any two year period. <br />~3} Upon conviction Of a person far the second separate violation <br />as set forth above, the city may institute a forfeiture proceeding in rem to <br />obtain a 3udgment of forfeiture against all drug paraphernalia possessed <br />and/or offered for sale by such person within the City. <br />~4} Any property subject to forfeiture to the city under this sec- <br />tion may be seized by any peace officer on behalf of the city without issues <br />once of process only when: <br />~a} The seizure is incident to a search under a search <br />warrant ar an inspection under an administrative search warrant. <br />fib} The property subject to seizure has been the subject of <br />a prior judgment in favor of the city in a forfeiture proceeding <br />under this code. <br />Ordinance - 5 <br />
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