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Home My WebLink About623 05-13-1980ORDINANCE NO. 623 AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME BEING THE ZONING CODE OF THE CITY OF EULESS, TEXAS, BY ADDING TO THE SPECIFIC USE SCHEDULE FOR SPECIFIC USE PERMITS ESTABLISHMENTS FOR THE SALE, MANUFACTURE OR DISTRIBUTION OF CERTAIN SPECIALTY AND NOVELTY ITEMS DEFINED HEREIN; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; A PENALTY FOR VIOLATION THEREOF; AND DE- CLARING AN EMERGENCY. WHEREAS, the Planning and Zoning Commission of the City of Euless, Texas, at the instance and request of the Euless City Council, has conducted public hearings to determine the desir- ability of restricting the location of certain commercial estab- lishments engaged in the sale, distribution or manufacture of certain types of specialty or novelty items primarily of a drug- oriented nature; and WHEREAS, the Planning and Zoning Commission has recommended to the Euless City Council that the Zoning Code of the City of Euless be amended to require a Special Use Permit under the pro- visions thereof for the location and operation of such commercial establishments; and WHEREAS, the City Council of the City of Euless, Texas, has determined and hereby does determine that the present restrictions provided by the Euless Zoning Code with respect to the location of such commercial establishments with respect to the sale, distri- bution, manufacture, use and consumption of certain specialty and novelty items primarily associated with drug use does threaten the health, safety, welfare and morals of the inhabitants of such City; and WHEREAS, the City Council believes and hereby does determine that the effect of the operation of such commercial establishments has an adverse and deleterious effect, especially, upon minors under the age of eighteen (18) years of age, which inhabitants of the community the Council believes and hereby does determine are more highly susceptible to an adverse influence of such specialty and novelty items; and WHEREAS, the City Council has further determined and hereby does determine that the sale, distribution or manufactl-tr'e of such certain types of specialty and novelty items, which often serve as readily useable instruments to assist in the use and consump- tion of illegal drugs, does threaten the health, life, safety, welfare, morals and property of the City by attracting an element of the citizenry of such City and the citizenry from without its boundaries of a criminal element, which also creates a danger to the inhabitants of such City and, specifically, to the minor citizens thereof; and WHEREAS, the City Council has determined and hereby does determine that it would be to the best interests of the citizenry of such community and, especially, its minor citizens, that the location of such type of establishments be restricted to certain zoning districts and, further, that opportunity for review of the placement of such establishments within such zoning districts be afforded so as to determine, prior to the establishment thereof, the effect upon the community of such location. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Sub - section 7 -1002, entitled Specific Use Schedule, of Euless Ordinance No. 347, same being the Zoning Code of the City of Euless, Texas, is herewith amended by the addition of the following new sub - paragraph (55): 7 -1102 Specific Use Schedule USE PERMISSIVE DISTRICT (55) Establishments Engaged in the Sale, Distribution or Manufacture of Certain Specialty or Novelty Items as Herein Defined C -2, I -1 II. Sub - section 7 -1300, entitled DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE REGULATIONS, of Euless Ordinance No. 347, same being the Zoning Code of the City of Euless, Texas, is herewith amended by the addition of the following new sub- section (109), which shall hereafter be and read as follows: (109) Establishments for the Sale, Distribution or Manu- facture of Certain Specialty Novelty Items: An establish- ment, unless otherwise permitted by law, which engages in the distribution or manufacture of any of the follow- ing: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a con- trolled substance or from which a controlled sub- stance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; -2- (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; (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectivenss or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine hydro- chloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, 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; (9) Capsules, balloons, envelopes and other con- tainers used, intended for use, or designed for use in packaging small quanities of controlled substances; (10) Containers and other objects used, intended for use, or designed for use in storing or conceal- ing controlled substances; (11) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise intro- ducing any controlled substance, including without limitation thereto, marijuana, cocaine, hashish, or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or cermamic 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 to small or too short to be held in the hand; (f) Miniture cocaine spoons, and cocaine vials; -3- (g) Chamber pipes; (h) Carburetor pipes; (i) Electric Pipes; (j) Air - driven pipes; (k) Chillums; (1) Bongs; (m) Ice pipes or chillers; (12) The term "controlled substance ", as used herein, shall mean and refer to those substances now or hereafter included as controlled substances under the Texas Controlled Substances Act, Article 4476 -15, V.A.C.S., as amended. III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitu- tionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the in- corporation in this ordinance of any such unconstitutional phrase clause, sentence, paragraph or section. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. V. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. -4- VI. Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. PRESENTED AND PASSED on first and final reading on the 13th day of May , 1980, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes, 0 nays and 0 abstentions. ATTEST: Della Houy, City Secre ry APPROVED AS TO FORM: .'0 "4 -C4'z� Bbt-McParland, Tity Attorney APPROVED: Harold Samuels, Mayor M�