HomeMy WebLinkAboutOrdinance 2006.01 Amending title 9 of the town code relating to pseudoephedrine
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: SGP
DEPUTY RECORDER
1456 PE2
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20060130774
01/20/2006
16:07
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
ORDIN
MAIL
AMOUNT PAID
$ 8.00
MARANA ORDINANCE NO. 2006.01
RELATING TO BUSINESS REGULATIONS; REGULATING THE MANNER OF SALE OF
PRODUCTS CONT AINlNG PSEUDOEPHEDRINE; AMENDING TITLE 9 OF THE
MARANA TOWN CODE BY ADDING CHAPTER 9-11; PROVIDING PENALTIES FOR
THE VIOLATION OF CHAPTER 9-11; AND DESIGNATING AN EFFECTIVE DATE.
WHEREAS, the illicit manufacture of methamphetamine (meth labs) is a serious and con-
tinuing problem in the Town of Maran a and the surrounding areas; and
WHEREAS, due to the flammable and toxic nature of the chemicals used in metham-
phetamine production, fires, explosions and hazardous materials contamination are common oc-
currences associated with meth labs; and
WHEREAS, meth labs are found in houses, apartments, hotel and motel rooms, trailers, in
both residential and commercial areas, exposing law enforcement personnel, other first respond-
ers, the children of the persons operating the meth labs and any other persons in physical prox-
imity to extremely dangerous conditions; and
WHEREAS, pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine
are key ingredients in methamphetamine production, and are found in many over-the-counter cold
and allergy medications, these over-the-counter medications, by purchase or theft, being the prime
source of pseudoephedrine in methamphetamine production, and
WHEREAS, recently enacted state legislation only restricts access to products containing
pseudoephedrine as the only active ingredient; and
WHEREAS, the extraction of pseudoephedrine, ephedrine, norpseudoephedrine and
phenylpropanolamine from these over-the-counter products is not materially different or more dif-
ficult in products containing pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropa-
nolamine with other active ingredients as from products containing pseudoephedrine, ephedrine,
norpseudoephedrine and phenylpropanolamine as the only active ingredients; and
WHEREAS, other jurisdictions have found that the restriction of open access to these
products and requiring identification of buyers has substantially reduced the number of meth labs
discovered in those jurisdictions;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 9 of the Marana Town Code is hereby revised by adding Chapter 9-11,
as follows:
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Chapter 9-11 SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE
Section 9-11-1 Definitions
A. In this chapter:
1. "Pseudoephedrine product" means any product containing ephedrine or
pseudoephedrine and includes any compound, mixture or preparation that
contains any detectable quantity of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine or their salts, optical iso-
mers or salts of optical isomers. Product packaging that lists ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine as an
active ingredient shall constitute prima facie evidence that the product is a
pseudoephedrine product.
2. "Retail establishment" means any place of business that offers any pseu-
doephedrine product for sale at retail.
Section 9-11-2 Restrictions
A. The operator of a retail establishment shall keep all products containing
pseudoephedrine behind a store counter or otherwise in a manner that is in-
accessible to customers without the assistance of the operator or an em-
ployee of the establishment.
B. The retail establishment employee making a retail sale of a product contain-
ing pseudoephedrine shall require a government-issued photo identification
from the purchaser and shall record the purchaser's name and date of birth,
the quantity of pseudoephedrine product purchased, the transaction date
and the initials of the retail establishment employee making the sale.
C. The information required to be obtained by paragraph B of this section shall
be retained by the retail establishment for a period of 90 days, and will be
considered a confidential document that will only be available to the operator
of the retail establishment and to law enforcement agency officers and offi-
cials.
Section 9-11-3 Penalty
A violation of this chapter is a class 1 misdemeanor.
SECTION 2. This Ordinance shall become effective on the 17tlt day of February, 2006.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17" day O:::~:,~006. g. ~
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