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Home My WebLink AboutORD 1980-005 ORDINANCE NO. 80-5 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, PROHIBITIN G OP"r.RATION OF RETAIL STOP..E SALES CONSISTING PRIIiARILY OF SPECIALTY AND NOVELTY ITEMS AS DEFIIvi:D HEREIN WITHIN 1000 FEET OF A CHURCH, PU BLIC OR PRNATE ELEMENTARY OK SEC- ONDARY SCHOOL, KINDERGARTEN OR ELEi�TENTARY � DAY CARE SC�iQOL, A DISTRICT ZONED Fs.-1 SINGLE FANIILY ll41�ELLING DISTRICT, R-2 TWO-FAil-1ILY DtiVEL- LING DISTRICT, R-3 MULTI-FAMILY D`�ELLING DIS- TRICT BY THE COMPREHENSNE ZONING ORDINANCE �""' OF THE CITY OF GRAPEVINE, OR A DISTRICT USED FOR SINGLE-FAi1iILY DWELLINGS, TWO-FA1�IILY D`mVEL- LINGS Ai�TD NiULTIPLE-FAMILY DWELLINGS, OR A PUBLIC PAI;.K, COLLEGE, JUNIOR COLLEGE OR UNI- VERSITY �V�i�THER PRNATE OR PROPRIETAFcY; PRO- VIDING FOR INJUNCTNE RELIEF; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PEN�LTY OR FINE NOT TO EXCEED THE SUNI OF TtiVO fiUNDRED DOLLARS (�200) AND DECLARING AN Ei�7E��GEVCY. WHEREAS, the City Council has determined and hereby does determine that the use and consumption of specialty and novelty items within the City threatens the health and morals of the inhabitants of the City; and WHEREAS, the �ity Council believes and hereby does determine that minors under eighteen (18) years of age who attend churches, public or private � elementary schools, secondary schools, kindergartens or day care schools, colleges, junior colleges or universities, whether private, public or proprietary are highly susceptible to the adverse influence of specialty and novelty items; and WHEREAS, the City Council believes and hereby does determine that minors under eighteen (18) years of age who live in zoning districts zoned R-1 Single-Family Dwelling District, R-2 Two-Family Dwellinb District or R-3 Nlulti-Family Dwelling District uses as set forth in the comprehensive zoning ordinance of the City of Grapevine or a district used for Single-Family Dwellings, Two-Family Dwellings and Multiple-Family Dwellinas, or who are visitors to public parks cvithin the City are highly susceptible to an adverse influence of specialty and novelty items; and „� WHEREAS, the City Council has determined and hereby does determine that specialty and novelty items that are readily useable instruments to assist � in the use and consumption of illegal drugs threaten health, life and property of the City and its ir.habitants and attract criminal conduct of society which creates a danger to the inhabitants of the City and specifically minors under eighteen (18) years of age; and 4ti HEREAS, the City Council has determined and hereby does determine that the distar►ce of 1,000 feet between retail stores whose sales consist primarily of specialty and novelty items and churches, public and private elementary schools, secondary schools, kindergartens or day care schools; zoning districts zoned R-1 Single-Family Dwelling District, R-2 Two-Family Dwelling District, R-3 Multi-Family Dwelling District use or a district used for Single- � Family Dwellings, Two-Family Dwellings and Multiple-Family Dwellings; public parks; colleges, junior colleges or universities, whether private, public or '� proprietary aids in the protection of minors under eighteen (18) years of age, who attend or frequent the aforementioned facilities or districts or live therein; and WHEREAS, the City Council is authorized and empowered under Article 1175 V.A.T.C.S. to protect health, life and property and enforce order and security of the City and its inhabitants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVIIvE, TExAS: Section 1. Definitions. a. The term "primarily" is defined as gross monthly sales of specialty and novelty items representing more than 50% of total sales. �:-,... ' b. The term "specialty and novelty items" are defined as follows: �� 1. Kits used, intended for use, or desibned for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in the State Penal Code; 2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances, as the term "controlled substance" is defined in the State Penal Code; 3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the State Penal Code; 4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effec- tiveness or purity of controlled substances, as the term "controlled substance" is defined in the 5tate Penal Code; ,� 5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances, as the term "controlled substance" is defined in the State Penal Code; � 6. Diluents and adulterants, such as quinine hydro- chloride, mannitol, mannite, dextrose and lactose, used, in- tended for use, or designed for use in cutting controlled substances, as the term "controlled substances" is defined in the State Penal Code; 7. Separation gins and sifters usea, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; 8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term "controlled substances" is defined in the State Penal Code; 9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances, as the term "controlled � substances" is defined in the State Penal Code; 10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled sub- �" stances, as the term "controlled substances" is defined in the State Penal Code; 11. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances, as the term "controlled substances" is defined in the State Penal Code, into the human body; 12. Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: a. �etal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls; b. Water pipes; c. Carburetion tubes and devices; d. Smoking and carburetion masks; � e. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has �'""""' become too small or too short to be held in the hand; f. Miniature cocaine spoons, and cocaine vials; g. Chamber pipes; h. Carburetor pipes; i. Electric pipes; j. Air-driven pipes; k. Chillums; l. Bongs; m. Ice pipes or chillers; 13. Wearing apparel containing obscene pictures or words, such apparel being T-shirts, belt buckles, jewelry or any other � wearing apparel. 14. Salves, ointments, jells, creams, jellies, lotions and r,�„ oils advertised as designed as a sexual stimulus. 15. Nlagazines, books, records, cassettes, pictures, draw- ings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption. 16. Incense. Section II. That operation of retail store sales consisting primarily of specialty and novelty items, as defined herein, is prohibited within 1000 feet of property zoned or used for a church, a public or private elementary school, secondary school, kindergarten or day care school; or a zoning district zoned R- 1 Single-Family Dwelling District, R-2 Two-Family Dwelling District or R-3 NIulti-Family Dwelling District uses by the comprehensive zoning ordinance of the City of Grapevine; or a district used for Single-Family Dwellings, Two- � Family Dwellings or NTultiple-Family Dwellings; or a public park, college, junior "� college or university, whether private, public or proprietary. Section III. That a person commits an offense if he operates or causes to be operated within 1,000 feet of property zoned or used for a church; public or private elementary, or secondary school, kindergarten or day care school; a zoning district zoned R-1 Single-Family Dwelling District, R-2 Two-Family Dwelling District or R-3 Multi-Family Dwelling District use by the compre- hensive zoning ordinance of the City of Grapevine; or a district used for Single- Family Dwellings, Two-Family Dwellings and Nultiple-Family Dwellings; or a public park, college, junior college or university, whether private, public or proprietary, retail store sales consisting primarily of specialty and novelty items as defined herein. r� Section N. A. The owner, operator or manager of a retail store consisting �'" primarily of specialty and novelty items shall file a sworn statement with the City Secretary between the first and tenth days of each month after each complete month of operation that reflects total gross sales for the previous month and total gross sales of specialty and novelty items. B. The Building Inspector is hereby granted the authority to request any retail store owner, manager or operator to file the sworn statement required in Section N. A., if the Building Inspector has proof that such retail store operation is engaged in selling "specialty and novelty items." C. It shall be unlawful for any owner, operator or manager to fail to file the reports required in Section N. A. and N. B. D. The Building Inspector is authorized to withdraw the certificate � of occupancy from any owner, operator or manager that violates Section IV. A. �, or IV. B. Section V. That for the purpose of this ordinance, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building used as a business or enterprise ciescribed in subsection I to the nearest property line of the premises of a church, public or private elementary or secondary school, kindergarten or day care school, or to the nearest boundary of a district zoned R-1 Single Family Dwelling District, R-2 Two-Family Dwelling District or R-3 iViulti-Family Dwelling District use by the comprehensive zoning ordinance of the City of Grapevine, or a district used for Single-Family Dwellings, Two-Family Dwellings � and Multiple-Family Dwellings, or public park, college, junior college or university, whether private, public or proprietary. � Section VI. That any person, firm or corporation violating any of the provisions of this ordinance is guilty of a separate offense for each day or portion of a day which the violation is committed, continued or permitted, and each offense is punishable by a fine not to exceed Two Hundred Dollars ($200.00). Section VII. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or portion thereof, other than that portion so decided to be invalid or unconstitutional. Section VIII. Injunctive Relief. In addition to and cumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all � violations of this ordinance. � Section IX. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly control the use and consumption of specialty and novelty items within the aforementioned facilities and zoning districts creates an emergency for the immediate preservation of public property, health, safety and general welfare of the public which requires that this ordinance shall become effective immediately upon adoption, as provided by law, and it is accordingly so ordained. DULY PASSED AND EFFECTNE by the City Council of the City of Grapevine, Texas, on this the Sth day of February , 1980. APPROVED: � — � Mayor � ATTEST: City Se ret APPROVED AS TO FORIVT: i y ttorney