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.
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