CHAPTER 3
OFFENSES AGAINST PUBLIC WELFARE

Sections:

8-3-101    Sale or Possession of Intoxicating Liquors.

8-3-102    Discharging Firearms.

8-3-103    Lawful Intoxicating Chemical Compounds.

8-3-101 Sale or Possession of Intoxicating Liquors.

It shall be unlawful for any person, except as provided by the state statutes, to knowingly have in his possession any intoxicating liquor, or to manufacture, sell, keep, or store for sale, offer or expose for sale, import, carry, transport, advertise, distribute, give away, dispense, or serve intoxicating liquor.

(Statutory Authority UCA 10-8-42; 1968 Code 6-1-26; 1979 Code 8-2-6; renumbered by Ord. No. 25-92; renumbered and amended by Ord. 03-2009, 03/17/2009)

8-3-102 Discharging Firearms.

(1)    Except as permitted by subsection (2) of this section, it shall be unlawful for any person within the limits of the City to discharge any rifle, gun, pistol, air gun, bean shooter, flipper, sling shot, or any other instrument which expels a projectile, except in self-defense, or, in the case of target shooting, upon issuance of a permit by the Police Department.

(2)    The Mayor may, upon recommendation of the Chief of Police, open any rural area of the City to hunting by proclamation and allow the discharge of firearms within that area for such purpose under the following conditions:

(a)    The proclamation shall specify the area or areas in which hunting will be allowed.

(b)    The proclamation may limit or restrict the type of firearms and ammunition which may be used in any area.

(c)    The proclamation shall permit such hunting for a period not to exceed thirty (30) days and shall specify the days on which hunting is permitted.

(d)    Nothing in this Section or in the proclamation shall be construed to allow hunting in any area or the use of firearms in any area where restricted by State law, and the proclamation shall contain a statement to that effect.

(e)    The proclamation shall be posted at the City office and Police Department and shall be otherwise posted and published in the same manner as required for a City ordinance.

(f)    The Mayor may include such other reasonable restrictions in the proclamation as the Mayor shall deem appropriate.

(Statutory Authority UCA 10-8-47 and 10-13-9; 1968 Code 6-1-10; 1979 Code 8-2-8; amended by Ordinance No. 11-90; renumbered by Ord. No. 25-92; renumbered and amended by Ord. 03-2009, 03/17/2009)

8-3-103 Lawful Intoxicating Chemical Compounds.

(1)    It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, trade or barter, any one (1) or more of the following chemical compounds and/or substances, including their salts, isomers, homologues and salts of their isomers and homologues:

(a)    Salvia Divinorum 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 plants, its seeds or extracts;

(b)    1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);

(c)    (6ar,10ar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1, 1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);

(d)    2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (also known as CP-47,497), and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47,497;

(e)    1-Butyl-3-(1-naphthoyl) indole (also known as JWH-073);

(f)    1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);

(g)    1- Pentyl-3-(2-methoxyphenylacetyl) indole (also known as JWH-250);

(h)    1-Hexyl-3-(1-naphthoyl) indole (also known as JWH-019);

(i)    1-Pentyl-3-(4-chloro-1-naphthoyl) indole (also known as JWH-398);

(j)    N-benzylpiperazine (also known as BZP);

(k)    1-(3-trifluoromethylphenyl) piperazine (also known as TFMPP);

(l)    Any similar structural analogs of the above chemical compounds;

(m)    Any other synthetic cannabinoids.

(2)    This Section shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the Federal Food and Drug Administration or that are specifically permitted by Utah law.

(3)    Subsequent State Action – If the Utah State Legislature adopts a statute enacting criminal penalties for prohibitions set forth in this Chapter, then upon the effective date of such State statute, provisions of this Section that are covered by the State statute shall no longer be deemed effective. Any violations of this Section prior to a statute becoming effective may be prosecuted. If there are provisions of this Section that are not covered by the State statute, those provisions will remain in effect and may be prosecuted.

(Ord. No. 20-2010, 11/16/2010)