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HomeMy WebLinkAbout2024-5 - Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal CodeORDINANCE NO. 2024-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 10.75 (PROHIBITION OF THE SALE AND DISTRIBUTION OF KRATOM) TO TITLE 10 (OFFENSES AND NUISANCES) OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, the U.S. Drug Enforcement Administration ("DEX) has stated that consumption of kratom produces both stimulant effects (in low doses) and sedative effects (in high doses), and can lead to psychotic symptoms, psychological and physiological dependence, addiction, hallucinations, delusion, confusion, nausea, itching, sweating, dry mouth, constipation, increased urination, loss of appetite, anorexia, weight loss, and insomnia, and has labeled kratom a Drug of Concern; WHEREAS, the U.S. Food and Drug Administration ("FDA") has stated that an estimated 1.7 million Americans used kratom in 2021, often to self -treat conditions without medical supervision, despite FDA warnings that kratom is not appropriate for use as a dietary supplement, and has been found to be associated with serious health risks including, but not limited to, seizures, liver toxicity, physical dependence, substance abuse disorder, and neonatal abstinence syndrome in which newborns exposed to kratom prior to birth experienced withdrawal signs such as jitteriness, irritability, and muscle stiffness, and even death; WHEREAS, the FDA has not approved any prescription or over-the-counter drug products containing kratom or its two main chemical components, mitragynine and 7-hydroxymitragynine; WHEREAS,. on April 12, 2019, the U.S. Center for Disease Control and Prevention ("CDC") published a report, "Notes from the Field: Unintentional Drug Overdose Deaths with Kratom Detected - 27 States, July 2016 - December 2017," which states that: (1) kratom use has recently increased in the United States where it is usually marketed as a dietary or herbal supplement; (2) studies suggest that kratom has Ordinance No. 2024-5 Page 2 of 5 the potential for creating user dependence and abuse; and (3) reports have documented several overdose deaths involving kratom; WHEREAS, kratom products are not federally regulated in the United States and are not subject to government -mandated safety checks, resulting in a lack of oversight and accepted safety standards for use, regulation of ingredients, purity levels, and dosage; WHEREAS, states, local governments, and municipalities have prohibited the sale or possession of kratom within their respective jurisdictions, including but not limited to, the states of Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin; and WHEREAS, in the interest of the health, welfare, and safety of the people of the City of Newport Beach, the City Council desires to prohibit the sale and distribution of any product containing kratom within the jurisdictional boundaries of the City. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The Table of Contents for Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code is hereby amended to read as follows: Title 10 OFFENSES AND NUISANCES Chapters: 10.04 Intoxicating Liquor 10.06 Human Waste 10.08 Interference With Public Access 10.12 Interfering With Law Enforcement 10.14 Prohibition Against Camping in Public Places 10.16 Gambling 10.24 Discharge of Weapons 10.26 Community Noise Control 10.28 Loud and Unreasonable Noise 10.32 Sound -Amplifying Equipment 10.36 Minor's Curfew 10.48 Weed and Rubbish Abatement 10.50 Public Nuisance Abatement 10.52 Abandoned or Wrecked Vehicles 10.54 Public Nudity Ordinance No. 2024-5 Page 3 of 5 10.58 Police Services at Large Parties, Gatherings or Events on Private Property 10.59 Graffiti 10.60 Regulation of Display of Material, Which is Harmful to Minors, in a Public Place 10.64 Construction and Maintenance Projects in Residential Districts 10.66 Loud and Unruly Gatherings 10.68 Targeted Residential Picketing 10.70 Cannabis Regulations 10.75 Prohibition of the Sale and Distribution of Kratom Section 2: Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) is hereby added to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code to read as follows: Chapter 10. 75 Prohibition of the Sale and Distribution of Kratom Sections: 10.75.010 Definitions. 10.75.020 Sale and Distribution of Kratom Prohibited. 10.75.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section: "Distribute" means to furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain. "Kratom product" means the leaf of the plant Mitragyna speciosa or any food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the leaf of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such plant or its leaf including, but not limited to, any powder, capsule, pill, beverage, or other edible product intended for human consumption. "Leaf' means any or all parts of the leaf of the plant Mitragyna speciosa that contains mitragynine or 7-hydroxymitragynine. Ordinance No. 2024-5 Page 4 of 5 "Sell" or "sale" means to furnish, exchange, transfer, deliver, or supply for monetary gain. 10.75.020 Sale and Distribution of Kratom Prohibited. It is unlawful to sell, advertise for sale, offer for sale, or distribute, directly or indirectly, any kratom product in the City. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: Except as expressly modified in this ordinance, all other sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. Ordinance No. 2024-5 Page 5 of 5 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of February, 2024, and adopted on the 12th day of March, 2024, by the following vote, to -wit: AYES: Mayor O'Neill, Mayor Pro Tern Stapleton, Councilmember Blom, Councilmember Grant, Councilmember Kleiman, Councilmember Stapleton, Councilmember Weigand NAYS: RECUSED: Councilmember Avery WILL O'NEILL, MAYOR ATTEST: r C,j�W LEILANI I. BROWN, CITY CLERK P�I APPROVED AS TO FORM: c9<Jfi�N�P CITY A ORNEY'S OFFICE AA(IRON C. HARP, CITY A ORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2024-5 was duly introduced on the 271h day of February, 2024, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 12th day of March, 2024, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: Councilmember Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of March, 2024. r /J� Lei ani I. Brown, MM City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2024-5 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: March 2, 2024 Adopted Ordinance: March 16, 2024 In witness whereof, I have hereunto subscribed my name this 204" day of March, 2024. Leilani I. Brown, M C City Clerk City of Newport Beach, California