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It shall be unlawful for any person to use or possess with intent to use an ingestion <br />device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking <br />product. <br />Sec. 21-64. Affirmative Defense. <br />It shall be an affirmative defense for a person charged with an offense for possession or <br />use of an illegal smoking product, that the use or possession was pursuant to the written <br />direction or written prescription of a licensed physician or dentist authorized to direct or <br />prescribe such act." <br />SECTION 2. All ordinances of the City of Paris in conflict with the provisions of this <br />ordinance shall be, and the same are hereby, repealed; provided, however, that all other <br />provisions of said ordinances not in conflict herewith shall remain in full force and effect. <br />Nothing contained herein shall be construed to conflict with the Texas Controlled Substance <br />Act, or any other state and/or federal law governing the same. <br />SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or <br />section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held <br />to be void or unconstitutional, the same shall not affect the validity of the remaining portions <br />of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full <br />force and effect. <br />SECTIOIV 4. An offense committed before the effective date of this ordinance is <br />governed by prior law and the provisions of the Code of Ordinances, as amended, in effect <br />when the offense was committed and the former law is continued in effect for this purpose. <br />SECTION 5. Any person violating any provision of this ordinance shall be guilty of a <br />Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of <br />Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's <br />continuance of any violation of the above-enumerated sections shall constitute and be deemed <br />a separate offense. <br />SECTION 6. That by a supermajority vote of ayes and nays, the City Council <br />voted to suspend the rule requiring two readings before adoption of this ordinance. <br />SECTION 7. This ordinance shall take effect immediately from and after its passage <br />and publication of the caption as required by law. <br />PASSED AND ADOPTED on first and final reading this 14th day of March, 2011. <br />Will Biard, Mayor <br />210 <br />