2011-054 ORD ISSUING SIX MONTH MORATORIUM ON ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR HEAD SHOPS, SMOKE SHOPS, DRUG PARAPHERNELIA SHOPSORDINANCE NO. 2011-054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ISSUING A SIX MONTH MORATORIUM ON THE ISSUANCE OF CERTIFICATES OF
OCCUPANCY FOR HEAD SHOPS, SMOKE SHOPS, DRUG PARAPHERNELIA SHOPS
OR RELATED BUSINESSES LOCATED WITHIN THE CORPORATE CITY LIMITS OF
THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER, POLICE CHIEF
AND CITY ATTORNEY TO WORK WITH THE CITY BUILDING OFFICIAL AND THE
ENGINEERING PLANNING AND DEVELOPMENT DEPARTMENT TOWARD
DEVELOPING NEW REGULATIONS FOR HEADSHOPS, SMOKE SHOPS AND DRUG
PARAPHERNELIA SHOPS TO BE PRESENTED TO THE CITY COUNCIL;
PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE,
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Paris Police Department along with other state and local law
enforcement agencies have been challenged during the last two years trying to keep up
with the dramatic rise in the sale and use of synthetic drugs in the City of Paris and
surrounding communities; and
WHEREAS, local law enforcement has watched in frustration as local head shops,
smoke shops and certain convenience stores have displayed and sold various synthetic
drugs (such as synthetic cannabinoids known as "K2" or "K Spice" and synthetic
methamphetamine known as "Bath Salts", "White Angel" and "V"); and
WHEREAS, the state legislature has now added some of these synthetic drugs to
their growing list of controlled substances, but law enforcement has found that the
synthetic drug producers are changing the chemical makeup of the new drugs just enough
to get around state law; and
WHEREAS, during the last twelve months, the Paris Police Department and Paris
Emergency Medical Services have observed an increase in the number of adults and
children being treated and hospitalized for overdoses or adverse medical reactions related
to the use of synthetic drugs; and
WHEREAS, investigation into these overdose and adverse reaction cases has shown
that in several instances, these people obtained the synthetic drugs locally; and
WHEREAS, under current zoning regulations head shops, smoke shops and drug
paraphernalia shops are not identified "uses," therefore these shops may locate anywhere
in the City that allows retail sales; and,
WHEREAS, the Paris Police Department along with City's Planning and Engineering
Department and Legal Department would like to study the City's zoning and development
regulations and communicate with other state and local agencies to develop new methods
or approaches for regulating head shops, smoke shops and drug paraphernalia shops to
better protect the health and safety of the citizens residing in the City of Paris.
WHEREAS, the City Council hereby finds and determines that in order to protect the
public health, safety and welfare of the citizens of the City of Paris, it is necessary to issue a
moratorium on the issuance of building permits and new or amended Certificates of
Occupancy for businesses which sell or offer for sale illegal smoking products or synthetic
drugs which sell or offer for sale drug paraphernalia or other devices used for smoking,
inhaling or ingesting illegal smoking products or synthetic drugs in the corporate city limits
of the City of Paris, Texas for six months to allow closer evaluation of zoning and permitting
processes for these types of businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUIVCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That for a period of six months from the effective date of this
ordinance, no application for a building permit or certificate of occupancy, under the City
Code of Ordinances, shall be accepted for the establishment of a business in which illegal
smoking products or synthetic drugs are displayed or offered for sale or use or where drug
paraphernalia or other devices used for smoking, inhaling or ingesting illegal smoking
products or synthetic drugs are displayed or offered for sale upon any property located
within the corporate city limits of the City of Paris, Texas.
Section 3. That during the term of this moratorium, City staff is hereby directed
not to accept any applications for building permits or for new or amended Certificates of
Occupancy for a business in which illegal smoking products or synthetic drugs are
displayed or offered for sale or use or where drug paraphernalia or other devices used for
smoking, inhaling or ingesting illegal smoking products or synthetic drugs are displayed or
offered for sale in the corporate city limits of the City of Paris, Texas; any documents
received purporting to apply for such a permit shall be returned to the applicant along with
a copy of this ordinance and any application for a permit declined for processing pursuant
to this ordinance shall be considered administratively incomplete.
Section 4. That during the moratorium, the Paris Police Department along with
City's Planning and Engineering Department and City Attorney's Office should study the
City's zoning and development regulations and communicate with other state and local
agencies to develop new methods or approaches for regulating head shops, smoke shops
and drug paraphernalia shops to better protect the health and safety of the citizens of the
City of Paris.
Section S. That the moratorium created by this ordinance shall remain in full
force and effect for a period of six months from the effective date of this ordinance, unless
earlier repealed by an official act of the Paris City Council or extended by an official act of
the Paris City Council.
Section 6. That any person violating any of the provisions of this ordinance shall
be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an
amount not to exceed $2,000.00. Each day or portion thereof during which a violation of
this ordinance shall continue shall constitute a separate offense.
Section 7. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 8. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 9. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 10. That by a supermajority vote of L ayes and __~L nays, the City
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 11. That this ordinance shall become effective from and after its passage
of the first reading and publication as required by law.
PASSED AND ADOPTED on this 12th day of Decernber, 2
ATTEST:
gnticMe Ellis, City Clerk
APPROVED AS TO FORM:
I - ~J 2- --a
W. Kent McIlyar, ' ttorney
A.J. HashMT~di(D~/M or
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