A. It is a public nuisance for any person to distribute psychoactive bath salts and psychoactive herbal incense within the City of Chula Vista.

B. It is a public nuisance for any person to distribute any product or substance represented as or designed to resemble psychoactive bath salts and psychoactive herbal incense within the City of Chula Vista. Indications of distribution of substances represented as or designed to resemble psychoactive bath salts and psychoactive herbal incense shall include, without limitation, one or more of the following: the manner in which such substances are packaged, branded, described, marketed and/or portioned.

C. It is a public nuisance for any person to allow the distribution of psychoactive bath salts and psychoactive herbal incense on property owned, controlled or managed by such person within the City of Chula Vista.

D. Merely disclaiming these products as “not safe for human consumption” will not avoid the application of this chapter.

E. These declarations of public nuisance are based upon the declaration, findings and determinations by the City Council contained in Ordinance No. 3216 adopted by the City Council on November 1, 2011. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).