Chapter 66. Offenses

(a) It shall be unlawful for any person, by word, sign or action, on the streets or in any public place, or at the door or window of any house or room, or upon the porch or steps of any house or room, or upon the driveway, walk or approach to any house or room, or upon the yard or premises upon which any house or room is situated, or in or upon any building or room or part thereof appurtenant to any house or premises within the corporate limits of the city, to seek to have, or offer to have sexual intercourse with any other person in return for compensation or remuneration by such other person.

(b) Any person found guilty of violating the terms of this section shall, upon conviction, be subject to the penalty provided in section 1-14.

(Code 1967, § 17-16; Ord. No. 1047, § 1, 10-8-70)

(a) A person commits an offense if he drives or conducts a railroad engine or train across a public street when no flagman is present at such crossing to give notice of the approach of such engine or train.

(b) It is an exception to the application of this section if there was present at such crossing an automatic signal device giving notice of the approach of such engine or train.

(Code 1967, § 18-68; Ord. No. 2188, § 2, 3-24-77)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

City hall/community center grounds means the property on which city hall and the community center are located together with the grounds surrounding such facilities bounded by Market Street on the north, State Hwy. 146 on the east, W. Main Street on the south, and Utility Billing located at 2505 Market and NC Foote Park on the west.

Library grounds means the Sterling Municipal Library and the grounds surrounding the library bounded by W. Sterling Ave. on the north, Decker Dr. and the Lee College Building located at 909 Decker Drive on the east, W. West Texas Ave. on the south, and Price Street on the west.

(b) Closure. The following city property will be closed to the public each day from 10:00 p.m. until 5:00 a.m.:

(1) The city hall/community center grounds; and

(2) The library grounds.

(c) Offense. A person commits an offense if he is on the premises of a city property designated in subsection (b) during hours in which the property is closed.

(d) Defenses. It is a defense to prosecution under subsection (c) that the person was:

(1) Attending or working at a special event, activity, convention, or program that was being conducted with city authorization on the city property or subsequently leaving the event, activity, convention, or program within a reasonable time after it had ended for the day;

(2) On the city property in accordance with the terms of a lease, rental agreement, contract, or other written permission from the city; or

(3) A city employee or a law enforcement officer in the performance of official duties.

(Ord. No. 11,869, § 1, 2-23-12)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Building means an enclosed structure owned by the city to which the public or a substantial group of the public has access.

Conspicuously marked means a sign posted to be reasonably likely to come to the attention of anyone approaching an entrance to a portion of a building.

Owner means an officer or employee of the city with apparent authority to act for city.

(b) Offense. A person commits an offense if he enters a portion of a building without consent of the owner if the portion of the building entered is conspicuously marked to give notice that:

(1) Entry is restricted to a specific class of persons of which the actor is not a member; or

(2) Entry is prohibited to the public.

(Ord. No. 11,869, § 2, 2-23-12)

(a) Applicability. This section does not apply to camping or cooking in a city park in compliance with this Code and applicable park regulations.

(b) Definitions. The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:

Camp means to use a public place, without regard to a length of time, for living or sleeping accommodation purposes such as, but not limited to, any of the following:

(1) Storing personal belongings;

(2) Making a camp fire;

(3) Using any tents, shelter or other structure, furniture, refuse or vehicle for living accommodation;

(4) Carrying on cooking activities; or

(5) Doing any digging or earth breaking.

Public place means an outdoor area to which the public has access and includes, but is not limited to, streets, roadways, highways, parks, parking lots, alleyways, pedestrian ways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Roadway means the roadbed, shoulder, median, curbs, safety zones, sidewalks, overpass structures, and utility easements located adjacent to or near the roadway.

(c) Offense. It shall be unlawful for any person to camp or loiter in any public place.

(d) Presumption. A person shall be presumed to be camping when it reasonably appears, in light of all the circumstances, that the person is using a public place for living or sleeping accommodation purposes regardless of the intent of the participants or the nature and duration of any other activities in which they may also be engaging.

(e) Affirmative defense. It shall be an affirmative defense to prosecution that a person is the person who owns the property or has secured a permit or the written permission of the property owner to camp in a public place.

(f) Penalty for violation. Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by section 1-14 of this Code.

(Ord. No. 12,006, § 1, 8-23-12)

(a) As used in this subsection, the term "broadhead hunting arrows" shall mean arrows fitted with a broad metal, plastic, brass or other type of hard-finished tip which is commonly used to shoot animals, fish and birds. It shall be unlawful for anyone to shoot or propel a broadhead hunting arrow by any type of bow within the city limits.

(b) All other types of bows and arrows may be used lawfully within the city with the following exceptions and conditions:

(1) It shall be unlawful for any person to shoot any arrow on or over any easement, street, alley, park, road, highway, right-of-way or over the private property line of someone other than himself without the consent of such person.

(2) No arrow shall be used within the city without the user thereof first placing his name, street or residence address and the city of his residence on such arrow with indelible ink or in a manner that is easily read and is not such to be easily removed by the elements.

(3) No person shall shoot any type of arrow on public school grounds, public parks, church grounds or cemeteries, unless the person has the approval of the person in charge of such grounds.

(c) Any person who shall violate this section shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 17-1.1; Ord. No. 865, §§ 1, 2, 5, 4-27-67)

(a) It shall be unlawful for any person to discharge an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object over any easement, street, alley, park, road, highway, right-of-way or over the private property line of someone other than his own without the consent of such person.

(b) No person shall discharge any such airgun or air pistol on public school grounds, public parks, church grounds or in cemeteries, unless the person has the approval of the person in charge of such grounds.

(c) Any person who shall violate this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-14.

(Code 1967, § 17-1.2; Ord. No. 1017, § 1, 2-12-70)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bullet trap means any device, structure or object designed to confine and stop projectiles discharged from a firearm.

Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

Licensed gun dealer means a person licensed by the bureau of alcohol, tobacco and firearms as a gun dealer.

Target range means any indoor or outdoor premises where firearms are discharged, whether or not a fee is charged for the use of such premises, for the purpose of:

(1) Determining the accuracy of the shooter or the firearm; or

(2) Recreation.

(b) Discharging firearms prohibited.

(1) A person commits an offense if he intentionally, knowingly or recklessly discharges a firearm within the city or within 5,000 feet thereof.

(2) It is an exception to the application of subsection (b)(1) of this section if such discharge was on or across a public road or in a public place other than a public road, as provided in V.T.C.A., Penal Code § 42.01(a)(9), (11).

(3) It is a defense to prosecution if such discharge was justified by V.T.C.A., Penal Code § 9.01 et seq.

(4) It is an affirmative defense to prosecution if such discharge was confined to a target range that holds a certificate of approval issued by the chief of police and the discharge was under the actual direction of an instructor certified by the Texas Commission on Law Enforcement Standards and Education, the National Rifle Association of America or a military reserve or junior reserve officer training corps program or such projectile was discharged within and confined by a bullet trap, which holds a certificate of approval issued by the chief of police, and was fired directly in such trap by a licensed gun dealer.

(5) It is an affirmative defense to prosecution if the discharge:

a. Is confined to property owned or lawfully hunted by the suspect;

b. Does not occur within the city or within 500 feet thereof; and

c. Consists of shot no larger than number four birdshot.

(c) Operating unapproved target range or bullet trap prohibited.

(1) A person commits an offense if he intentionally or knowingly operates a target range or bullet trap within the city or within 5,000 feet thereof.

(2) It is an exception to the application of subsection (c)(1) of this section if such target range or bullet trap holds a certificate of approval issued by the chief of police.

(d) Certificate of approval of target range or bullet trap.

(1) Every target range or bullet trap within the city or within 5,000 feet thereof shall, prior to and during operation, hold a certificate of approval issued by the chief of police.

(2) Upon application, the chief of police shall appoint a certified firearms instructor and the owner of such range or trap shall appoint a certified firearms instructor. Together the two instructors shall select a third certified firearms instructor. The three instructors shall inspect the target range to determine whether such target range is equipped with a bullet trap and shall determine if a bullet trap, whether used at a target range or not, is designed for and of sufficient strength or density to confine discharged firearm projectiles. Based upon the report of the three instructors, the chief of police shall issue a certificate of approval if all three instructors approve, the chief of police may issue such certificate if two approve, and he shall not issue such certificate if only one approves. The range or trap owner may appeal the disapproval of one instructor to the city manager.

(Ord. No. 762, § 1, 11-11-65; Code 1967, § 17-2; Ord. No. 3094, § 1, 3-12-81; Ord. No. 3500, § 1, 11-11-82; Ord. No. 3679, § 1, 9-22-83)

The following words, terms and phrases, when used in this article, shall have the meanings set forth in this section, except where the context of their usage clearly indicates a different meaning:

Controlled substance means the same as defined in V.T.C.A., Health and Safety Code § 481.002.

Controlled substance analogue means the same as defined in V.T.C.A., Health and Safety Code § 481.002.

Dangerous drug means the same as defined in V.T.C.A., Health and Safety Code § 483.001.

Illicit synthetic drug means:

(1) Any vegetative material, or herbal or plant material, or liquid or oil, however constituted, designed, intended, marketed, manufactured, or engineered, that contains any quantity of a synthetic chemical or synthetic chemical compound that has no legitimate relation to the advertised use of the product.

(2) Any vegetative material, or herbal or plant material, or liquid or oil, with packaging or labeling that indicates, suggests, or implies that the substance is a substitute for or otherwise mimics the pharmacological effects of marihuana ("marijuana"), a controlled substance, or a controlled substance analogue as defined by V.T.C.A., Health and Safety Code § 481.002.

(3) Any vegetative material, or herbal or plant material, or liquid or oil, sold with verbal or written representations at the point of sale regarding the purpose, methods, use, or effect of the substance that indicates, suggests, or implies that the substance mimics the pharmacological effects of marihuana ("marijuana"), a controlled substance, or a controlled substance analogue as defined by V.T.C.A., Health and Safety Code § 481.002.

(4) Any substance, material, compound, mixture, or preparation, whether described as tobacco, herbs, incense, potpourri, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested, which contains any quantity of a synthetic chemical substance, including its salts, isomers, and salts of isomers, listed by name in this section or contained within the following structural classes as defined in this section:

a. WIN-55,212-2;

b. Naphthoylindole: any compound structurally derived from 3-(1-naphthoyl)indole or 3-(2-naphthoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

AM-1220;

AM-2201;

JWH-004;

JWH-007;

JWH-009;

JWH-015;

JWH-016;

JWH-018;

JWH-019;

JWH-020;

JWH-046;

JWH-047;

JWH-048;

JWH-049;

JWH-050;

JWH-073;

JWH-076;

JWH-079;

JWH-080;

JWH-081;

JWH-082;

JWH-083;

JWH-093;

JWH-094;

JWH-095;

JWH-096;

JWH-097;

JWH-098;

JWH-099;

JWH-100;

JWH-116;

JWH-122;

JWH-148;

JWH-149;

JWH-153;

JWH-159;

JWH-164;

JWH-165;

JWH-166;

JWH-180;

JWH-181;

JWH-182;

JWH-189;

JWH-193;

JWH-198;

JWH-200;

JWH-210;

JWH-211;

JWH-212;

JWH-213;

JWH-234;

JWH-235;

JWH-239;

JWH-240;

JWH-241;

JWH-242;

JWH-258;

JWH-259;

JWH-260;

JWH-262;

JWH-267;

JWH-386;

JWH-387;

JWH-394;

JWH-395;

JWH-397;

JWH-398;

JWH-399;

JWH-400;

JWH-412;

JWH-413; and

JWH-414.

c. Naphthylmethylindole: any compound structurally derived from 1H-indol-3-yl-(1-naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

JWH-175;

JWH-184;

JWH-185;

JWH-192;

JWH-194;

JWH-195;

JWH-196;

JWH-197; and

JWH-199.

d. Naphthylindolecarboxamide: any compound structurally derived from N-(naphthalen-1-yl)-1H-indole-3-carboxamide or N-(naphthalen-2-yl)-1H-indole-3-carboxamide by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

MN-24 (Other name: NNEI).

e. Naphthoylpyrrole: any compound structurally derived from 3-(1-naphthoyl) pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

JWH-030;

JWH-145;

JWH-146;

JWH-147;

JWH-150;

JWH-156;

JWH-243;

JWH-244;

JWH-245;

JWH-246;

JWH-292;

JWH-293;

JWH-307;

JWH-308;

JWH-309;

JWH-346;

JWH-347;

JWH-348;

JWH-363;

JWH-364;

JWH-365;

JWH-366;

JWH-367;

JWH-368;

JWH-369;

JWH-370;

JWH-371;

JWH-372;

JWH-373; and

JWH-392.

f. Naphthylmethylindene: any compound structurally derived from 1-(1-naphthylmethyl)indene or 1-(2-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

JWH-171;

JWH-172;

JWH-173; and

JWH-176.

g. Phenylacetylindole: any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, 4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including:

JWH-167;

JWH-203;

JWH-204;

JWH-205;

JWH-206;

JWH-208;

JWH-237;

JWH-248;

JWH-249;

JWH-250;

JWH-251;

JWH-252;

JWH-253;

JWH-302;

JWH-303;

JWH-305;

JWH-306;

JWH-311;

JWH-312;

JWH-313;

JWH-314;

JWH-315; and

RCS-8.

h. Benzoylindole: any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including:

AM-630;

AM-679;

AM-694;

AM-1241;

Pravadoline (Other name: WIN 48,098); and

RCS-4.

i. Adamantoylindole: any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the adamantyl ring to any extent, including:

AB-001; and

AM-1248.

j. Adamantylindolecarboxamide: any compound structurally derived from N-(adamantan-1-yl)-1H-indole-3-carboxamide or N-(adamantan-2-yl)-1H-indole-3-carboxamide by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the adamantyl ring to any extent, including:

APICA; and

STS-135.

k. Adamantylindazolecarboxamide: any compound structurally derived from N-(adamantan-1-yl)-1H-indazole-3-carboxamide or N-(adamantan-2-yl)-1H-indazole-3-carboxamide by substitution at the 1-position nitrogen atom of the indazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the adamantyl ring to any extent, including:

5-Fluoro AKB-48; and

AKB-48.

l. Aminooxobutylindazolecarboxamide: any compound structurally derived from N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-3-carboxamide by substitution at the 1-position nitrogen atom of the indazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N- methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indazole ring to any extent, including:

AB-PINACA; and

AB-FUBINACA.

m. Tetramethylcyclopropylindole: any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropyl-
carbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the
tetramethylcyclopropyl ring to any extent, including:

A-834,735;

A-796,260;

AB-005;

UR-144;

5-Bromo UR-144;

5-Chloro UR-144; and

5-Fluoro UR-144 (Other name: XLR-11).

n. Tetramethylcyclopropane-thiazole carboxamide: any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-2-ylidene)
cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4- tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including:

A-836,339;

o. Quinolinylindolecarboxylate: any compound structurally derived from quinolin- 8-yl indole-3-carboxylate by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinoline ring to any extent, including:

BB-22;

5-Fluoro PB-22; and

PB-22.

p. Cyclohexylphenol: any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not substituted in the cyclohexyl ring to any extent, including:

CP-55,940;

CP-47,497;

JWH-337;

JWH-344;

JWH-345;

JWH-405.

analogues of CP-47,497, including VII, V, VIII, I, II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; and

q. Cannabinol derivatives, except where contained in marihuana ("marijuana"), including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as:

Nabilone;

HU-210; and

HU-211.

r. Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

s. N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (also known as AB-CHMINACA);

t. MAM-2201 and metabolites;

u. N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (also known as APINACA, AKB48);

v. Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical positional, and geometric isomers, salts and salts of isomers (also known as PB-22; QUPIC); and

w. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (also known as ADB-PINACA);

(5) Any substance, whether described as tobacco, herbs, incense, potpourri, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested, which is sold in the same retail establishment or physical location as any ingestion device, sold under the following product or trade names:

AK-47, Angry Birds, Bart Simpson, Bee, Bizarro (Bizaro), Black Diamond, Black Lion, Bling Bling Monkey, Bob Marley, Bomb Marley, Buzz Juice, California Dreams, California Kronik, Caution, Cheshire Cat, Cloud 9 (Cloud Nine), Club Special, Code Black, Da Bomb, Dank, Darkness, Daze, Dead Man, Dead Man Walking, Diablo, Down to Earth Reggie, Down 2 Earth, Dreams, DZL (D-ZL), Fairly Legal, Fire, Flight Risk, Funky Green Stuff, Geeked Up, Get Real, Gorilla Dro, Green Giant, Herbal Gold, Herbal Mayhem, Hookah Blast, Hot Geisha Girl, I-Blown, Insane, Ironman, Jamaican Gold, Jazz, Joker, Jordan, K2 (K-2), Kick My Ass (KMA), King Gorilla, King Kong, Klimax, Kratom, Kush, LOL, Loopy, Mad Hatter, Mad Monkey, Mind Trip, Mojo Max, Mr. Big Shot, Mr. Happy, Mr. Nice Guy, Mr. Shamrocks, Mr. Sin, Mummy's Breath, Neutronium, New Joker, Ninja, Northern Lights, OMG, O.P.M.S. Kratom, Orgazmo, Phantom, Platinum XXX, Psycho, Pure Evil, Pure Fire, Purple Diesel, Red Dawn, Red Eye Jack, Scooby Hydro, Scooby Snax, Sexy Monkey, Shaggy's Mix, Smacked, Smoking Santa, Smoking Santana, Space Cadet, Spike, Sponge Bob, Stoopid, Super Man, Super Nova, Syn, Sync, the Darkness, the Hookah, the Incredible Hulk, the Ironman, Twilight, White Tiger, Wolf Pack, WTF, Zero Gravity, 24K California, 24K Monkey, 361 Degrees, 7H, or 7 Hells, regardless of any added flavorings.

Herbal incense means aromatic plant material, whether referred to as potpourri or otherwise, that is distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can be crushed to result in a powder or granular form, and can be placed into a pipe, cigarette paper, or other drug paraphernalia for purposes of ingestion by smoking, inhaling or other method, regardless of how the substance is labeled or marketed, including, but not limited to, whether or not such product is labeled "as not for human consumption."

Ingestion device means equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing a prohibited substance into the human body, including:

(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

(2) A water pipe;

(3) A carburetion tube or device;

(4) A smoking or carburetion mask;

(5) A chamber pipe;

(6) A carburetor pipe;

(7) An electric pipe;

(8) An air-driven pipe;

(9) A chillum;

(10) A bong; or

(11) An ice pipe or chiller.

Prohibited substance means a controlled substance, controlled substance analogue, dangerous drug, illicit synthetic drug, volatile chemical or any combination thereof.

Volatile chemical means any of the chemicals or an isomer of any of the chemicals listed in V.T.C.A., Health and Safety Code § 484.002.

(Ord. No. 12,710, § 2, 11-17-14)

(a) A person commits an offense if, with intent to acquire a prohibited substance, the person requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance.

(b) A person commits an offense if the person uses, possesses, provides, produces, manufactures, distributes, purchases, markets or advertises for sale, barters, gives, publicly displays, sells or offers for sale, or purchases with the intent to provide, produce, manufacture, distribute, market or advertise for sale, barter, give, publicly display, sell or offer for sale any prohibited substance.

(c) A person commits an offense if the person uses or possesses an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body a prohibited substance.

(d) A person commits an offense if the person fails to publicly display or label herbal incense as required in section 66-58.

(Ord. No. 12,710, § 2, 11-17-14)

(a) Herbal incense offered for sale to the public must be publicly displayed at all times through actual or representative packaging. If representative packages are displayed, one package of every available product by name and flavor shall be displayed. Both the front and back of packaging must be viewable by the public.

(b) All herbal incense offered for sale to the public must include a label listing each active ingredient.

(Ord. No. 12,710, § 2, 11-17-14)

(a) Any violation of this article shall constitute a misdemeanor punishable, upon conviction, by a fine as provided in section 1-14. However, any conduct proscribed under this article which also constitutes an offense under state law shall not be prosecuted under this article, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under this article is not a lesser included offense under V.T.C.A., Health and Safety Code §§ 481.001 et seq., 483.001 et seq. or 484.001 et seq.

(b) In setting the amount of the penalty for violation of this article, the city council affirmatively finds that this article 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 proscribe the maximum fine as provided in section 1-14 for a violation of this article pursuant to the authority granted by V.T.C.A., Local Government Code § 54.001.

(c) Each separate package, container, or other separate unit containing a prohibited substance shall constitute a separate and distinct offense. Each separate package, container, or other separate unit of an improperly displayed or labeled herbal incense shall constitute a separate and distinct offense.

(d) Prosecution or conviction under this article is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed by law.

(Ord. No. 12,710, § 2, 11-17-14)

Any product or substance possessed, provided, sold, bartered, produced, manufactured, distributed, or offered, displayed, marketed or advertised for sale or purchased with the intent to provide, sell, barter, produce, manufacture, or distribute, or to offer, display, market or advertise for sale, in violation of any provision of section 66-57, may be seized by any peace officer. Such product or substance may be destroyed as authorized by state law after its use for evidentiary purposes is no longer required.

(Ord. No. 12,710, § 2, 11-17-14)

(a) Required. A person may not be convicted under subsection 66-57(a) on the uncorroborated testimony of the person allegedly solicited, unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.

(b) No defense. It is no defense to prosecution under this article that:

(1) No monetary or other consideration was tendered to the person solicited; or

(2) The person solicited was unable or unwilling to transfer or deliver a prohibited substance.

(c) Defenses and exceptions.

(1) It is an affirmative defense to any prosecution under subsection 66-57(a) that:

a. The solicitation is made in furtherance of a transaction that would not constitute a violation of any applicable law; or

b. 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.

(2) It is an affirmative defense for a person charged with an offense for possession or use of a prohibited substance that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.

(3) It is an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.

(4) It is an affirmative defense for a person charged with an offense for possession or use of an a prohibited substance or ingestion device if the prohibited substance or ingestion device was in the possession of or being used by a governmental entity for a health purpose, research and education, or a similar program.

(5) It is an exception to prosecution that a violation of this article is expressly permitted by state or federal law.

(Ord. No. 12,710, § 2, 11-17-14)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Civic organization means a nonprofit corporation or association formed for the use, benefit and enjoyment of its members to achieve religious, recreational, charitable, municipal or educational pursuits.

Curfew hours means 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day, and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

Guardian means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a court has placed a minor.

Minor means any person less than 17 years of age.

Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent means a person who is a natural parent, adoptive parent or stepparent of another person or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Remain means to linger or stay or to fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(Code 1967, § 17-24(a); Ord. No. 6987, § 1, 4-28-94; Ord. No. 10,322, § 2, 5-11-06; Ord. No. 13,749, § 2, 4-26-18)

(a) Under this article, a minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.

(b) A parent or guardian of a minor commits an offense if he knowingly permits or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(c) The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(Code 1967, § 17-24(b); Ord. No. 6987, § 1, 4-28-94; Ord. No. 10,322, § 2, 5-11-06; Ord. No. 13,749, § 2, 4-26-18)

(a) It is a defense to prosecution under section 66-87 that the minor was:

(1) Accompanied by the minor's parent or guardian;

(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;

(5) Involved in an emergency;

(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

(9) Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31.

(b) It is a defense to prosecution under subsection 66-87(c) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Code 1967, § 17-24(c); Ord. No. 6987, § 1, 4-28-94; Ord. No. 10,322, § 2, 5-11-06; Ord. No. 13,749, § 2, 4-26-18)

Before taking any enforcement action under this article, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 66-88 is present.

(Code 1967, § 17-24(d); Ord. No. 6987, § 1, 4-28-94; Ord. No. 10,322, § 2, 5-11-06; Ord. No. 13,749, § 2, 4-26-18)

(a) A person who violates this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable as provided in section 1-14.

(b) When required by V.T.C.A., Family Code § 51.08, the municipal court shall waive original jurisdiction over a minor who violates subsection 66-87(a) and shall refer the minor to juvenile court.

(Code 1967, § 17-24(e); Ord. No. 6987, § 1, 4-28-94; Ord. No. 10,322, § 2, 5-11-06; Ord. No. 13,749, § 2, 4-26-18)

(a) Definitions. The following terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Child or minor means a person younger than 17 years of age.

Database means the state department of public safety's sex offender database.

Day-care center means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.

Permanent residence means a place where a person abides, lodges, or resides for 14 or more consecutive days.

Playground means any outdoor facility that is not on the premises of a school and that:

(1) Is intended for recreation;

(2) Is open to the public; and

(3) Contains three or more separate apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards.

Premises includes all improved and unimproved areas of real property.

Premises where children commonly gather has the same meaning as used in V.T.C.A., Code of Criminal Procedure, art. 42.12, § 13B, and expressly includes a public or private park (excluding planted street medians); school, playground, day-care facility, video arcade facility, public or private youth center, or neighborhood or public swimming pool.

Private park means property that:

(1) Is intended for recreation;

(2) Is open to persons residing in an area;

(3) Is maintained by a homeowner's association; and

(4) Contains three or more separate apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards.

Property owner means any owner of record, person who has contractual responsibility for the property, or person who has the legal right of possession of the property.

Reportable conviction or adjudication shall have the same meaning as that found in V.T.C.A., Code of Criminal Procedure art. 62.001(5).

School shall means a private or public elementary or secondary school or a day-care center, as defined by V.T.C.A., Human Resources Code § 42.002.

Sex offender means a person with a reportable conviction or adjudication who is required to register with the state department of public safety under the provisions of V.T.C.A., Code of Criminal Procedure ch. 62 because of a violation involving a victim who was a minor.

Temporary residence means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where a person routinely abides, resides, or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

Video arcade facility means any facility that:

(1) Is open to the public, including persons who are 17 years of age or younger;

(2) Is intended primarily for the use of pinball or video machines; and

(3) Contains at least three pinball or video machines.

Youth center means any recreational facility or gymnasium that:

(1) Is intended primarily for use by persons who are 17 years of age or younger; and

(2) Regularly provides athletic, civic, or cultural activities.

(b) Offenses.

(1) It is unlawful for a sex offender to establish a permanent or temporary residence within 1,500 feet of any premises where children commonly gather.

(2) It is unlawful for a property owner to let or rent any place, structure or part thereof, with knowledge that it will be used as a permanent residence or temporary residence by a sex offender if such premises, structure or part thereof is located within 1,500 feet of any premises where children commonly gather.

(c) Evidentiary matters; measurements.

(1) It shall be prima facie evidence that this section applies to a person if that person's record appears on the database and the database indicates that the victim was a minor.

(2) There shall be a rebuttable presumption in prosecution under this section that the person who is listed on the tax records for the county wherein the property is situated is the property owner.

(3) There shall be a rebuttable presumption in prosecutions under this section that the person listed on the account for utility services furnished by the city is the person who has the legal right of possession of the property.

(4) For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the sex offender's permanent or temporary residence to the nearest property line of the premises where children commonly gather.

(d) Culpable mental state. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by subsection (b)(1).

(e) Affirmative defenses.

(1) It is an affirmative defense to prosecution under subsection (b)(1) of this section that any of the following conditions apply:

a. The sex offender established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the effective date of this section;

b. The sex offender was a minor when he or she committed the offense requiring such registration and was not convicted as an adult;

c. The sex offender is a minor;

d. The premises where minors commonly gather within 1,500 feet of the permanent or temporary residence of the sex offender was opened after the sex offender established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas;

e. The person was at the time of the violation subject to community services supervision pursuant to V.T.C.A., Code of Criminal Procedure art. 42.12, § 13B and the court reduced or waived the one thousand foot restriction for a child free zone under section V.T.C.A., Code of Criminal Procedure art. 42.12, § 13B(a)(1)(B) as it applies to the person's residence; or

f. The person provides adequate documentation showing that the information on the database is incorrect and that, if corrected, this section would not apply to the person.

(2) It is an affirmative defense to prosecution under subsection (b)(2) of this section that any of the following conditions apply:

a. The property owner presents proof that he checked the database prior to letting or renting the premises and that the database indicated at that time that no prospective tenant or occupant was a registered sex offender; or

b. The property owner presents proof that he confirmed with the city's police department prior to letting or renting the premises that no prospective tenant or occupant was a registered sex offender.

(g) Penalties. A person who violates this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable as provided in section 1-14.

(Ord. No. 11,100, § 2, 4-7-09)