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A. It is a public nuisance for any person to provide, display for sale, sell, distribute, or possess with the intent to sell, any synthetic drug within the city.

B. It is a public nuisance for any person to allow the provision, display for sale, sell, distribution, or possession with the intent to sell, of any synthetic drug on property owned, controlled or managed by such person within the city.

C. It is a public nuisance for any person to provide, display for sale, sell, distribute, or possess with the intent to sell, any substance claimed or represented to be a synthetic drug within the city.

D. It is a public nuisance for any person to allow the provision, display for sale, sell, distribution, or possession with the intent to sell, of any substance claimed or represented to be a synthetic drug on property owned, controlled or managed by such person within the city.

E. To determine if a person is claiming or representing that a substance or product is a synthetic drug, an enforcing officer may consider any of the evidentiary factors set forth in Section 9.40.050.

F. Possession that is not described in subsections A through D of this section is declared to be a public nuisance when such possession injuriously affects any person or persons, other than the person in possession, in such other person’s or persons’ health, safety, welfare, or comfortable enjoyment of life or property. (Ord. 667 §1 (Exh. A), 2016).