2013 2:00:00 PM

Monday, September 9, 2013 2:00 PM
City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

Public Hearing and Action Items Unrelated to Planning and Zoning: 7.1

Title: SECOND READING and possible approval of Bill No. 2659, an ordinance amending Chapter 9 of the Sparks Municipal Code revising the definitions of drug paraphernalia; providing other matters properly related thereto.

Petitioner/Presenter: Chet Adams/Chet Adams

Recommendation: That the City Council instruct the City Clerk to read the FIRST READING of the Bill by title on 8.26.13 and thereafter publish notice of a SECOND READING and public hearing of the Bill for its adoption and possible approval on 9.9.13.

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Proposed amendment to Chapter 9 of the Sparks Municipal Code revising the definitions of drug paraphernalia

Background: The Nevada Legislature, as approved by the Governor of Nevada, recently enacted Senate Bill No. 410 which impacts the current definitions of “Drug Paraphernalia” as established in the Sparks Municipal Code. Sponsored by Senators Parks, Spearman, Segerblom, Kihuen, Atkinson, Gustavson, Jones, Manendo, Smith and Woodhouse and Assemblymen Healey, Ohrenschall, Aizley, Daly, Dondero, Loop, Fiore, Hogan, Martin, Pierce, Spiegel and Swank, SB 410 amended the Nevada Revised Statutes to establish a program for the safe distribution and disposal of hypodermic devices, as governed by the Nevada State Board of Health. Commonly referred to as the “Sterile hypodermic device program”, SB 410 has decriminalized the use or possession of a hypodermic device containing trace amounts of a controlled substance if the device was acquired from a sterile hypodermic device program. In its rather broad sweep of definitions and legal ramifications, SB 410 has deleted the terms, “inject” and “injecting” from the NRS which makes it illegal to employ certain procedures and devices (i.e. drug paraphernalia) in conjunction with the sale, packaging, use and ingestion of otherwise illegal controlled substances. Currently, the Sparks Municipal Code incorporates the definitions of “Drug Paraphernalia” established in NRS 453.554 which was amended by SB 410. The City of Sparks is constrained by the Nevada Constitution from passing and enforcing criminal ordinances which conflict with the NRS and otherwise makes certain conduct illegal that Nevada law allows. Therefore, SMC Chapter 9 which defines and criminalizes the possession and use of drug paraphernalia must be amended to reflect the statutory definition contained in the NRS, as amended by SB410.

Analysis: The Sparks Municipal Code (SMC) cannot make criminal those acts which the Nevada Legislature specifically allows. The SMC must be amended to delete a hypodermic device from its definition of drug paraphernalia.

Alternatives: The City Council could decline the invitation to amend the SMC and thereby leave an unenforceable provision relating to hypodermic devices in place.

Recommended Motion: I move to approve Bill No. 2659 an ordinance to amend Chapter 9 of the Sparks Municipal Code to revise the definitions of drug paraphernalia as a result of the passage of SB 410.

Attached Files:

Title 9 Drug Paraphernalia.docx

Title 9 Drug Paraphernalia.pdf

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