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Code Amend Intoxication - GlueMEMORANDUM March 12, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: New Ordinances - Chapter 33 OFFENSES AND MISCELLANEOUS PROVISIONS 33-83 Under the Influence of a Controlled Substance 33-84 Sniffing Glue or Other Chemical Substances The Police Department recently identified that the Code of Iowa makes intoxication from alcohol a violation, but not intoxication from other substances. As a result, Chief of Police Kim Wadding is recommending two new City Code Sections: Section 33-83 Under The Influence of a Controlled Substance prohibits any person from being under the influence or simulate being under the influence of a controlled substance in violation of the Uniform Controlled Substances Act in a public place. Section 33-84 Sniffing Glue or Other Chemical Substances prohibits for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, smell or inhale the fumes from any glue, cement, aerosol spray, inhalers, and other solvents or chemicals having the property of releasing vapors; however, this section shall not apply to the inhalation of any medicine or anesthesia for medical or dental purposes. The addition of these two sections allows for those suffering from intoxication from substances other than alcohol to be held responsible for their actions as well as add protections for the general public. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Klm B. Wadding, Police Chief The City of Dubuque MEMORANDA Date: March 12, 2002 To: Michael C. Van Milligen City Manager From: Klm B. Wadding Police Chief Re: New Ordinances - Chapter 33 OFFENSES AND MISCELLANEOUS PROVISIONS 33-83 Under The Influence of a Controlled Substance 33-84 Sniffing Glue or Other Chemical Substances iNTRODUCTION: The purpose of the memorandum is to request City Council consideration to amend Chapter 33 OFFENSES AND MISCELLANEOUS PROVISIONS through the addition of two new sections, Section 33-83 Under The Influence cfa Controlled Substance and Section 33-84 Sniffing Glue or Other Chemical Substances. BACKGROUND: Recently the police department investigated a suspected illegal drug intoxication of a local juvenile. Through the use of an officer especially trained in drug recognition techniques, it was determined the juvenile was suffering from intoxication from an illegal substance not related to alcohol. As a result, the juvenile was detained for intoxication. DISCUSSION: Although it was originally thought the intoxication met the elements of the Code of Iowa Section 123.46(2) stating "... A person shall not be intoxicated or simulate intoxication in a public place..." it was found this section was restricted to alcohol intoxication and was not applicable to other controlled or uncontrolled substances. As research was conducted into an applicable charge it was discovered that neither a local ordinance nor the Code of Iowa contained any reference to a charge of intoxication related to substances other than alcohol. As a result, City Solicitor, Bill Blum, was asked to help research additions to the city ordinances that would apply to intoxication from substances other than alcohol. As a result, two new sections were proposed under Chapter 33 OFFENSES AND MISCELLANEOUS PROVISIONS, Section 33-83 Under The Influence cfa Controlled Substance and Section 33-84 Sniffing Glue or Other Chemical Substances. Section 33-83 Under The Influence of a Controled Substance prohibits any person from being under the influence or simulate being under the influence of a controlled substance in violation of the Uniform Controlled Substances Act in a public place. Section 33-84 Sniffing Glue or Other Chemical Substances prohibits for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, smell or inhale the fumes from any glue, cement, aerosol spray, inhalers, and other solvents or chemicals having the property of releasing vapors; however, this section Shall not apply to the inhalation of any medicine or anesthesia for medical or dental purposes. The addition of these two sections allows for those suffering from intoxication from substances other than alcohol to be held responsible for their actions as well as add protections for the general public. RECOMMENDATION: It is recommended Chapter 33 OFFENSES AND MISCELLANEOUS PROVISIONS add two new sections, Section 33-83 Under The Influence ora Controlled Substance and Section 33-84 Sniffing Glue or Other Chemical Substances. ACTION REQUESTED: Request City Council consideration to amend City of Dubuque Code of Ordinances Chapter 33 OFFENSES AND MISCELLANEOUS PROVISIONS through the addition of Section 33- 83 Under The Influence of a Control/ed Substance and Section 33-84 Sniffing Glue or Other Chemical Substances. Through the adoption of these two sections we create a better response to those suffedng from these intoxicated conditions and better protect the general public from these occurrences. Cc: Bill Blum, City Solicitor Jeanne Schneider, City Clerk ORDINANCE NO. 22-02 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 33-83 PROHIBITING BEING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE IN A PUBLIC PLACE AND ADDING A NEW SECTION 33-84 PROHIBITING SNIFFING GLUE OR OTHER CHEMICAL SUBSTANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by adding a new section 33-83 as follows: 33-83 Under The Influence of a Controlled Substance. A person shall not be under the influence or simulate being under the influence of a controlled substance in violation of the Uniform Controlled Substances Act in a public place. Section 2. The City of Dubuque Code of Ordinances is amended by adding a new section 33-84 as follows: 33-84 Sniffing Glue or Other Chemical Substances No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, smell or inhale the fumes from any glue, cement, aerosol spray, inhalers, and other solvents or chemicals having the property of releasing vapors; however, this section shall not apply to the inhalation of any medicine or anesthesia for medical or dental purposes. Section 3. This ordinance shall take effect upon publication. Passed, approved and adopted this 18th day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC City Clerk day of March ., 2002. F:~USERS~