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2012-R-23 RESOLUTION NO. 2012-R-23 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, URGING AND ENCOURAGING THE FLORIDA STATE LEGISLATURE TO ENACT LEGISLATION BANNING THE MARKETING, POSSESSION, TRAFFICKING AND FURNISHING OF "BATH SALTS" CONTAINING DANGEROUS SYNTHETIC DRUGS; DIRECTING THE CITY CLERK TO TRANSMIT TO VARIOUS AGENCIES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, certain synthetic hallucinogenic drugs marketed as "bath salts" are powerful stimulant drugs that are suspected to have been designed to avoid prosecution, and; WHEREAS, "Ivory Wave", "Purple Wave", "Vanilla Sky" and`Bliss" are all among the many street names of a so-called designer drug known as "bath salts"; and WHEREAS, with recent developments involving individuals' use of "bath salts" containing dangerous synthetic drugs, stricter measures must be taken to stop the growing prevalence of this designer drug; and WHEREAS, dangerous drugs like "bath salts" containing dangerous synthetic drugs are terrorizing our communities and destroying lives; and WHEREAS, citing an "imminent threat to public safety", the U.S. Drug Enforcement Administration ("DEA") made illegal the possession or sale of all known chemicals used to make"bath salts" for a one-year period; and WHEREAS, the City of Edgewater urges the DEA to make the ban permanent, in order to protect our communities; and WHEREAS, by marketing these products as "bath salts" and labeling them "not for human consumption", specifically enumerating them as illegal has been avoided; and 2012-R-23 1 WHEREAS, in recent years, the abuse of "bath salts" has been increasing and have become increasingly popular due to the perception that they pose a seemingly safe alternative to illegal methods of getting"high"; and WHEREAS, "bath salts" are readily available on the internet, at convenience stores, discount tobacco outlets, gas stations,pawn shops, tattoo parlors, and other locations; and WHEREAS, the City of Edgewater believe that legislation banning the marketing, possession, trafficking and furnishing of"bath salts" containing dangerous synthetic drugs will give law enforcement the tools they need to keep our streets safe from this new and emerging drug that ruins lives and causes havoc in communities across the country. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The foregoing recitals are true and correct. Section 2. The City of Edgewater, Mayor and City Council hereby urge and encourage the State Legislature to enact legislation that bans the marketing, possession, trafficking and furnishing of"bath salts" containing dangerous synthetic drugs within the State of Florida. Section 3. The City Clerk is hereby directed and authorized to send a copy of this resolution to Governor Rick Scott, Attorney General Pam Bondi, to all State Representatives, State Senators, to the Volusia League of Cities and the Florida League of Cities. Section 4. Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. Severability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be 2012-R-23 2 c o inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. Section 6. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by (iti'1�n�r-sir with Second by ,{:r the vote on this resolution held on November 12, 2012, was as follows: AYE NAY Mayor Mike Thomas —A Councilman Justin A. Kennedy �]%54" Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 12th day of November, 2012. ATTEST: CITY COUNCIL OF THE VI'lanr t a I l I 01J-*k Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Dorm, Sims, Wolfe & Kundid Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this le day of November, 2012 under Agenda Item No. 8 C 2012-R-23 3