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Ordinance no. 06-648, ordinance 648
ORDINANCE NO. 06-648
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF CHINO VALLEY, COUNTY OF YAVAPAI, ARIZONA,
AMENDING TOWN CODE CHAPTER 9 BY ADDING ARTICLE 9-9
RELATING TO THE SALE OF PRODUCTS CONTAINING PSEUDO-
EPHEDRINE; REGULATING THE MANNER OF SALE; AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
, the illicit manufacture of methamphetamine (meth labs) is a serious and continuing
problem in this Town and adjacent communities; and
, due to the flammable and toxic nature of the chemicals used in methamphetamine
production, fires, explosions and hazardous materials contamination are common occurrencesassociated with meth labs; and
, meth labs are found in houses, apartments, hotel and motel rooms, trailers, in both
residential and commercial areas, exposing law enforcement personnel, other first responders, thechildren of the persons operating the meth labs and any other persons in physical proximity toextremely dangerous conditions; and
, pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine are
key ingredients in methamphetamine production, and are found in many over-the-counter cold and allergy medications, these over-the-counter medications, by purchase or theft, being the prime source of pseudoephedrine in methamphetamine production, and
, recently enacted state legislation only restricts access to products containing
pseudoephedrine as the only active ingredient; and
, the extraction of pseudoephedrine, ephedrine, norpseudoephedrine and
phenylpropanolamine from these over-the-counter products is not materially different or more difficult in products containing pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolaminewith other active ingredients as from products containing pseudoephedrine, ephedrine,norpseudoephedrine and phenylpropanolamine as the only active ingredients; and
, other jurisdictions in the country have found that the restriction of open access to
these products and requiring identification of buyers has substantially reduced the number of methlabs discovered in those jurisdictions;
NOW, THEREFORE, BE IT ORDAINED
by the Mayor and Common Council of the Town of
Section 1. Chapter 9 of the Town Code of the Town of Chino Valley entitled “Health and Sanitation” is hereby amended by adding a new Article 9-9 thereto entitled “Regulation of the Sale of Products containing Pseudoephedrine” to read as follows:
ARTICLE 9-9 REGULATION OF THE SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE.
SECTION 9-9-1 DEFINITIONS
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
A. “PSEUDOEPHEDRINE PRODUCT” MEANS ANY PRODUCT CONTAINING EPHEDRINE OR
PSEUDOEPHEDRINE AND INCLUDES ANY COMPOUND, MIXTURE OR PREPARATIONTHAT CONTAINS ANY DETECTABLE QUANTITY OF EPHEDRINE, PSEUDOEPHEDRINE,NORPSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE OR THEIR SALTS, OPTICALISOMERS OR SALTS OF OPTICAL ISOMERS. PRODUCT PACKAGING THAT LISTSEPHEDRINE, PSEUDOEPHEDRINE, NORPSEUDOEPHEDRINE, ORPHENYLPROPANOLAMINE AS AN ACTIVE INGREDIENT SHALL CONSTITUTE PRIMAFACIE EVIDENCE THAT THE PRODUCT IS A PSEUDOEPHEDRINE PRODUCT.
B. “RETAIL ESTABLISHMENT” MEANS ANY PLACE OF BUSINESS THAT OFFERS ANY
PSEUDOEPHEDRINE PRODUCT FOR SALE AT RETAIL.
SECTION 9-9-2 DUTIES OF RETAIL ESTABLISHMENTS
A. THE OPERATOR OF A RETAIL ESTABLISHMENT SHALL KEEP ALL PRODUCTS
CONTAINING PSEUDOEPHEDRINE BEHIND A STORE COUNTER OR OTHERWISE IN AMANNER THAT IS INACCESSIBLE TO CUSTOMERS WITHOUT THE ASSISTANCE OF THE OPERATOR OR AN EMPLOYEE OF THE ESTABLISHMENT.
B. A PERSON MAKING A RETAIL SALE OF A PRODUCT CONTAINING PSEUDOEPHEDRINE
SHALL REQUIRE A GOVERNMENT-ISSUED, PHOTO IDENTIFICATION FROM THE PURCHASER AND SHALL RECORD THE PURCHASER'S NAME, DATE OF BIRTH,QUANTITY OF PSEUDOEPHEDRINE PRODUCT PURCHASED, TRANSACTION DATE ANDTHE INITIALS OF THE SELLER.
C. THE INFORMATION REQUIRED TO BE OBTAINED BY SUBSECTION B WILL BE
RETAINED BY THE RETAIL ESTABLISHMENT FOR A PERIOD OF NINETY (90) DAYS, ANDWILL BE CONSIDERED A CONFIDENTIAL DOCUMENT THAT WILL ONLY BE AVAILABLETO THE OPERATOR OF THE RETAIL ESTABLISHMENT, AND SHALL BE AVAILABLE TOTHE TOWN OF CHINO VALLEY POLICE DEPARTMENT OFFICERS, ARIZONADEPARTMENT OF PUBLIC SAFETY OFFICERS, YAVAPAI COUNTY SHERIFF'SDEPARTMENT OFFICERS, AND OTHER LAW ENFORCEMENT OFFICERS.
SECTION 9-9-3 PENALTIES
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL BE PUNISHED ASPROVIDED IN ARTICLE 1-8(A).
PASSED AND ADOPTED
by the Mayor and Common Council of the Town of Chino Valley,
Arizona, this 23rd day of February , 2006.
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