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:
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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.
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(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
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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 -
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