Loading...
HomeMy WebLinkAboutORD 93-68 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING ARTICLE V TO CHAPTER 18, PROHIBITING SOLICITATION TO ACQUIRE A PROHIBITED SUBSTANCE; MAKING VARIOUS PROVISIONS AND FINDINGS RELATING TO THE SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFORE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Council has determined a problem exists within the City regarding the sale and purchase of illegal drugs; and, WHEREAS, the City of Beaumont has an obligation to provide for the safety of the citizens of this City; and, WHEREAS, it is not currently a violation of law to solicit another to deliver illegal drugs; and, WHEREAS, it is believed the Police Department could more effectively inhibit the illegal drug trade by having the authority to arrest those persons soliciting others to deliver illegal drugs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Code of Ordinances of the City of Beaumont is hereby amended by adding Article V to Chapter 18, to read as follows: 1 ARTICLE V SOLICITATION TO PURCHASE OR ACQUIRE A CONTROLLED SUBSTANCE, CONTROLLED SUBSTANCE ANALOGUE, DANGEROUS DRUG OR VOLATILE CHEMICAL. SECTION 18-25. DEFINITIONS: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning: (a) "Controlled Substance"shall have the meaning ascribed to it by Section 481.002.(5), Texas Health and Safety Code, or any amendments thereto. (b) "Controlled Substance Analogue" shall have the meaning ascribed to it by Section 481.002.(6), Texas Health and Safety Code, or any amendment thereto. (c) 'Dangerous drug" shall have the meaning ascribed to it by section 483.001.(3), Texas Health and Safety Code or any amendment thereto. (d) "Volatile Chemical" shall mean any of the chemicals, or an isomer of any of the chemicals, listed in Section 484.002., Texas Health and Safety Code or any amendment thereto. (e) "Prohibited substance" shall mean a controlled substance, controlled substance analogue, dangerous drug, volatile chemical, or any combination thereof. SECTION 18-26. OFFENSES (a) A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance to the person. (b) It is no defense to prosecution under this section that: 1. No monetary or other consideration was tendered to the person solicited; or 2. That the person solicited was unable or unwilling to transfer or deliver a prohibited substance. 2 (c) It is an affirmative defense to any prosecution under this section that: 1. The solicitation is made in furtherance of a transaction which would not constitute a violation of any applicable law; or, 2. The solicitation is made by a peace officer or federal law enforcement officer in the lawful discharge of his duties or by a law enforcement agent acting in the lawful discharge of an official duty. (d) Violation of this section shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00). However, any conduct prescribed hereunder which also constitutes an offense under State law shall not be prosecuted under this section, but shall be prosecuted pursuant to and punishable as provided by the applicable State law. An offense under this section is not a lesser included offense under Chapter 481., Chapter 483., or Chapter 484., Texas Health and Safety Code. SECTION 18-27. FINDINGS (a) In setting the amount of penalty for violation of this ordinance, the City Council affirmatively finds that this ordinance governs conduct involving trafficking in illegal and dangerous chemical substances that poses a serious threat to the public health, and that it is therefore appropriate to prescribe a maximum fine of two thousand dollars ($2,000.00) for a violation of this ordinance pursuant to the authority granted by Section 2 of Acts 1987, 70th Legislature, Chapter 680 (Section 54.001 of the Local Government Code as amended by Chapter 1, Acts of the 71st Legislature, regular session, 1989). Section 2. That if any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion 3 hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity or any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the /10A day of �e� � , 1993. - Mayor - 4