19509I ORDINANCE NO. 19,509
2
3 AN ORDINANCE TO PROHIBIT ILLEGAL LABORATORIES, INCLUDING CLANDESTINE
4 METHAMPHETAMINE LABORATORIES; TO DECLARE SUCH LABORATORIES A NUI-
5 SANCE; TO PROVIDE AN ADMINISTRATIVE PROCEDURE FOR THE DISMANTLING
6 AND CLEAN UP OF ILLEGAL LABORATORIES; TO PROVIDE FOR THE DISPOSAL OF
7 ITEMS INVOLVED IN AND LOCATED WITHIN THE IMMEDIATE AREA SURROUND -
8 ING THE LABORATORIES; TO AMEND SECTION 36 -54 OF THE LITTLE ROCK CITY
9 CODE TO DECLARE APPLICANTS CONVICTED OF VIOLATION OF THE ARKANSAS
10 UNIFORM CONTROLLED SUBSTANCES ACT INELIGIBLE FOR SPECIAL USE PERMITS
11 FOR DAYCARE FAMILY HOMES OR FAMILY CARE FACILITIES ;TO AMEND ARTICLE
12 II, SECTION 4 OF CHAPTER 36 OF THE LITTLE ROCK CITY CODE TO ADD A NEW
13 SECTION 36 -110 REGARDING AUTHORTY TO REVOKE A CONDITIONAL USE
14 PERMIT FOR VIOLATION OF THIS ORDINANCE; TO DECLARE AN EMERGENCY;
15 AND FOR OTHER PURPOSES.
16
17 WHEREAS, the City has experienced a number of illegal laboratories, including clandestine
18 methamphetamine laboratories operated in residential and business locations, which pose a
19 significant health and safety risk to the citizens of Little Rock, and
20 WHEREAS, these laboratories also pose extreme safety risks such as fires, explosions, and
21 exposure to hazardous chemicals, to City law enforcement, fire fighters, and other City employ -
22 ees, and
23 WHEREAS, when a law enforcement agency discovers a residence, building, or property con -
24 taining the illegal laboratory, it performs a primary clean -up removing the hazardous waste ma-
25 terial, including the equipment and chemicals of the laboratory, and releases the residence,
26 building or property to the owner upon completion of the primary clean up, and
27 WHEREAS, despite the removal of the hazardous waste material, contaminate residue from
28 the laboratory remains in residences and buildings, on fixtures, furniture, flooring, walls, cloth -
29 ing, and in air ducts, posing significant health concerns to anyone, especially children, subse-
30 quently inhabiting the residence or building, and
31 WHEREAS, any clean -up of the residence or building, secondary to the primary clean -up
32 conducted by law enforcement officials, remains the responsibility of the owner of the residence
33 or building, and
34 WHEREAS, despite efforts of the 109th Congress such as the proposed Methamphetamine
35 Remediation Research Act of 2005, and efforts by Senator Shane Broadway in sponsoring Act
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1 1996 of 2005 which created the Manufactured Drug Inspection and Clean -Up Study Committee,
2 there are currently no federal, state, or local laws requiring owners to perform a secondary
3 clean -up of the residence or building in question, and
4 WHEREAS, many owners of the residence or building which housed the illegal laboratory will
5 permit reoccupation of the residence or building without removing the contaminating residue
6 prior to reoccupation, and
7 WHEREAS, it has been determined that current City codes do not adequately and clearly ad-
8 dress the problems created by illegal laboratories nor provide the City with effective tools to
9 ensure that these laboratories, once discovered, are promptly decontaminated, and
10 WHEREAS, the Board deems it appropriate to amend the Code to clearly prohibit such illegal
11 laboratories and require owners of residences and buildings having housed illegal laboratories
12 to conduct a secondary clean -up prior to reoccupation in order to minimize the negative effects
13 caused thereby for the health, safety and welfare of the citizens of the City.
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
15 ROCK, ARKANSAS:
16 Section 1. Tit /e. This chapter shall be known as the Illegal Drug Laboratory Nuisance and
17 Cleanup Code.
18 Section 2. Definitions.
19 (a) CITY MANAGER means the City Manager or designee
20
21 (b) CONTROLLED SUBSTANCE OR CONTROLLED SUBSTANCE ANALOG means a substance de-
22 clared to be illegal in the Arkansas Uniform Controlled Substances Act.
23 (c) DECONTAMINATION means the process of cleanup of a property or structure declared to
24 be a Drug Laboratory Nuisance which is subsequently rendered safe for habitation or
25 use.
26 (d) DRUG LABORATORY NUISANCE means a property or structure which is currently used for
27 the manufacture of a controlled substance or which has previously been so utilized in
28 violation of the Arkansas Uniform Controlled Substances Act and not decontaminated
29 pursuant to Sections 6(d) and 8.
30 (e) NUISANCE PER SE means a property or structure at which law enforcement officials have
31 located the manufacture of a controlled substance or controlled substance analog in vio-
32 lation of Arkansas' Uniform Controlled Substances Act which poses an imminent danger
33 to public health and safety which may include of death, serious physical or mental injury,
34 serious disease, or all three.
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I (f) MANUFACTURE means the production, preparation, propagation, compounding, conver-
2 sion, or processing of a controlled substance or controlled substance analog as defined
3 in Arkansas' Uniform Controlled Substances Act.
4 Section 3. Declaration of Po /icy.
5 No structure or property within the corporate limits of the City shall be used to make, or at-
6 tempt to make, a controlled substance or a controlled substance analog in violation of the Ar-
7 kansas Uniform Controlled Substances Act.
8 Section 4. Declaration of Drug Laboratory Nuisance.
9 Any structure or property within the corporate limits of the City is a Drug Laboratory Nui-
10 sance if, in violation of the Arkansas Uniform Controlled Substances Act it:
11 (a) Is used to make, or attempt to make, a controlled substance or a controlled substance
12 analog; or,
13 (b) Contains evidence of a laboratory which could be used to make, or attempt to make, a
14 controlled substance or a controlled substance analog.
15 Section 5. Actions taken Upon Discovery of Drug Laboratory Nuisance.
16 If any law enforcement agent finds evidence of an illegal laboratory pursuant to this ordi-
17 nance, the following actions shall be taken:
18 (a) Notice. City personnel shall immediately and conspicuously post notice on the
19 structure or property stating that:
20 (1) The structure or property is a Drug Laboratory Nuisance which poses an imminent
21 danger to public health and safety which may include death, serious injury, or seri-
22 ous disease;
23 (2) The owner, lessee, or their designated agent shall be given notice by one or more of
24 the following methods:
25 (A) By delivery to the owner, designated agent or responsible party, personally;
26 (B) By posting the Drug Laboratory Nuisance Notice at the property or structure; or
27 (C) By U.S. Mail or other commercial mail service sent to the billing address provided
28 by the Pulaski County Tax Assessor for that property.
29 (3) The Notice shall not be removed until a Certificate for Right of Reentry has been is-
30 sued unless removal is necessary for the testing or the decontamination process, in
31 which case the notice shall immediately be reposted until the structure or property
32 meets the criteria set forth in Sections 6 and 8.
33 (b) Security of Drug Laboratory Nuisance Site, Disconnection of Utilities.
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(1) Single Family Residence, Free Standing Office. Commercial or Industrial Structure
2 Immediately after posting of the structure or property and once law enforcement has
3 agreed and concluded its preliminary investigation at the structure or property:
4 (A) All utilities shall be disconnected and the structure or property shall be secured
5 to the extent the City believes necessary to prevent use or occupation;
6 (B) If the owner, lessee or their designated agent:
7 (i) Is notified, then said person shall immediately commence securing the struc-
8 ture or property as soon as the law enforcement agency has agreed and con -
9 cluded its preliminary investigation;
10 (ii) Has not been notified, or does not immediately begin the securing of the
11 structure or property upon the agreement and conclusion of the law en-
12 forcement agency's preliminary investigation, any City personnel so desig-
13 nated by the City Manager shall immediately begin securing the structure or
14 property and the costs of such action will be pursued as a lien against the
15 property in accordance with state law;
16 (2) Duplex. Triplex. and Quadraplex Residences. Immediately after posting of the struc-
17 ture or property and once law enforcement has no objection and concluded its pre -
18 liminary investigation at the structure or property:
19 (A) All utilities shall be disconnected and the structure or property shall be secured
20 to the extent the City believes necessary to prevent use or occupation;
21 (i) except common utilities may remain connected if disconnection would inter -
22 fere with usage by other units that were not the site of the manufacture;
23 (ii) the laboratory site unit shall be secured to the extent it does not interfere with
24 the use and enjoyment of the remaining units.
25 (3) One or More Units of a Multifamily Residence (for the purpose of this ordinance de
26 fined as more than 4 units) or an Office Commercial or Industrial Complex. After
27 securing the unit(s) or property and once law enforcement has no objection and has
28 concluded its preliminary investigation at the structure or property:
29 (A) All utilities may remain connected unless it is determined that the site of the ille-
30 gal laboratory shares a contiguous contaminated area, such as but not limited to,
31 common duct work, with at least one other site contained within the residence or
32 the complex:
33 (i) If the site shares contiguous contaminated area, then the utilities to any con -
34 taminated unit(s) shall be disconnected;
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To prohibit illegal laboratories for controlled substances
1 (ii) The owner, lessee, or their designated agent may file a petition with the City
2 Manager for the reconnection of the utilities:
3 (a) within 72 hours of the securing;
4 (b) by establishing that any contaminated unit(s) meets the acceptable levels
5 as established in the Arkansas Health Department's Methamphetamine
6 Cleanup Guidelines, or any Arkansas state or federal law enacted which
7 establishes procedures for abatement and cleanup of property contami-
8 nated during the illegal manufacture of drugs; and
9 (c) by securing the site of the illegal laboratory and any contaminated unit(s)
10 that do not meet the ADH Methamphetamine Cleanup Guidelines within
11 the required timeframe.
12 (B) The structure or property shall be secured to the extent necessary to prevent use
13 or occupation;
14 (C) If the owner, lessee or their designated agent:
15 (i) Is notified, then said person shall immediately commence securing of the
16 structure or property as soon as the law enforcement agency has agreed and
17 concluded its preliminary investigation;
18 (ii) Has not been notified, or does not immediately begin securing the structure
19 or property upon the agreement and conclusion of the law enforcement
20 agency's preliminary investigation, any City personnel so designated by the
21 City Manager shall immediately begin securing the structure or property and
22 the costs of such action will be pursued as a lien against the property in ac-
23 cordance with state law.
24 Section 6. Reentry.
25 Upon a declaration of a Drug Laboratory Nuisance and until such time as the City Manager
26 has issued a Certificate for Right of Reentry:
27 (a) Occupation or Use Strictly Prohibited. The structure or property shall not be occupied or
28 used for any purpose, except as authorized in (b) -(d) below.
29 (b) Entry Prior to Decontamination. Nothing shall be removed from the structure or property
30 prior to decontamination unless the removal is necessary for testing to determine the
31 level of contamination or disposal needed during the decontamination process in sub -
32 section (d), or limited reentry as provided in subsection (c).
33 (1) Any items removed for disposal from the structure or property must be in confor-
34 mance with the Arkansas Department of Health's Clandestine Methamphetamine
35 Laboratory Cleanup Guidelines.
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To prohibit illegal laboratories for controlled substances
1 (2) Nothing in this ordinance shall prohibit law enforcement agency conducting an in-
2 vestigation from seizing and removing any item related whatsoever to the investiga-
3 tion.
4 (c) Limited Entry to retrieve noncontaminated items. Once the structure or property has
5 been secured:
6 (1) The owner, lessee, or their designated agent, no later than two (2) business days of
7 securing, may petition the City Manager to reenter the property for a limited period
8 of time to retrieve noncontaminated items by setting forth in writing, with a copy to
9 the Chief of Police,
10 (A) The purpose for the request;
I 1 (B) Items to be retrieved;
12 (C) The date decontamination will begin and is expected to
13 conclude;
14 (D) The name, address, telephone number, and any available email address, mobile
15 phone number, or website, of the company or individual hired to enter the con -
16 taminated site and retrieve the noncontaminated item.
17 (2) The next business day after receiving the request, the City Manager will hold an ad-
18 ministrative hearing to determine if, without endangering the public or interfering in
19 the criminal investigation, any reasonable grounds exist to permit the owner, lessee,
20 or their designated agent to remove the security measures of the structure or prop -
21 erty and reenter. In deciding whether to grant the request, the City Manager may
22 consider, among other things, compliance with items (A) -(D) above, and the risk to
23 the public health and safety in granting the request.
24 (d) Entry to Perform Decontamination Procedures. Once the structure or property has been
25 secured to the extent the City believes necessary:
26 (1) The owner, lessee, or their designated agent, no later than two (2) business days after
27 notice the property has been declared a drug laboratory nuisance, may petition the
28 City Manager to reenter the property by setting forth in writing, with a copy to the
29 Chief of Police,
30 (A) The purpose for the request;
31 (B)The date decontamination will begin and is expected to conclude;
32 (C) The name, address, telephone number, and any available email address, mobile
33 phone number, or website, of the company that will perform the decontamina-
34 tion, and
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To prohibit illegal laboratories for controlled substances
I (D) Their intent to follow the Arkansas Health Department's Methamphetamine
2 Cleanup Guidelines or any state or federal law enacted which establishes guide -
3 lines or protocols for such cleanup.
4 (2) The next business day after receiving the request, the City Manager will hold an ad-
s ministrative hearing to determine if, without endangering the public or interfering in
6 the criminal investigation, any reasonable grounds exist to permit the owner, lessee,
7 or their designated agent to remove the security measures of the structure or prop -
8 erty and reenter.
9 LeJ Issuance of Certificate for Right of Reentry. The City Manager will issue to the owner or
10 lessee a Certificate for Right of Reentry after:
1 1 (1) The structure or property, and any affected structure and property, have been de-
12 contaminated in accordance with the Arkansas Department of Health's Clandestine
13 Methamphetamine Laboratory Cleanup Guidelines, or Arkansas state, or federal laws
14 requiring a decontamination process;
15 (2) The owner or lessee submits a written certification by a qualified company or individ-
16 ual, as required in Section 7 of this ordinance, that the property or structure, and any
17 affected structure and property, is habitable, has been tested, and is in compliance
18 with the current version of the Arkansas Department of Health's Clandestine
19 Methamphetamine Laboratory Cleanup Guidelines, or Arkansas state, or federal laws
20 requiring a decontamination process.
21 (f) _ Reoccupation or Use. After the City Manager has issued to the owner or lessee a Certifi-
22 cate for Right of Reentry, the owner or lessee shall be permitted reoccupation or use of
23 the structure or property.
24 (g) Forfeiture laws. Nothing in this ordinance prohibits the structure or property from being
25 subject to forfeiture under state and federal laws.
26 Section 7. Qualifications.
27 (a) A company, laboratory, or individual qualified to obtain the representative samples sub -
28 mitted for testing to determine the presence of contamination shall possess:
29 (1) a certification by a recognized professional association or an accreditation agency
30 for an Indoor Environmental or an Industrial Hygienist; or
31 (2) certifications, licensures, or registrations required by state or federal law for the pur-
32 pose of determining the presence of contamination from controlled substances, in-
33 cluding, but not limited to, methamphetamine contamination.
34 (b) A company, laboratory, or individual qualified to perform the testing of environmental
35 samples to determine the level of contamination shall possess:
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To prohibit illegal laboratories for controlled substances
1 (1) a registration by the United States Drug Enforcement Administration to handle con -
2 trolled substances; or
3 (2) certifications, licensures, or registrations required by state or federal law to deter -
4 mine the level of controlled substance(s) contamination including, but not limited
5 to, methamphetamine contamination.
6 Section 8. Decontamination.
7 Once a structure or property has been declared a Drug Laboratory Nuisance, the owner or
8 lessee shall:
9 (a) Begin the decontamination process within 30 days of the structure or property being
10 posted as a Drug Laboratory Nuisance;
11 (1) The owner, lessee or their designated agent may apply for temporary use of such
12 utility services as may be deemed necessary during the decontamination process.
13 (b) Keep the structure or property secured during the decontamination process and testing
14 to prevent occupation or use prior to the issuance of a Certificate for Right of Reentry;
15 (c) Complete the decontamination process and submit the certification to the City Manager
16 as required in Section 6 (e) of this ordinance within 30 days after beginning the process;
17 (d) The owner or lessee may be granted an extension to complete the decontamination
18 process not to exceed 120 days:
19 (1) By submitting a written request for an extension to the City Manager before the first
20 30 days have elapsed; and
21 (2) If the City Manager determines:
22 (A) Good cause has been shown for an extension; and
23 (B) The extension can be granted without endangering the health and safety of the
24 public.
25 (3) The City Manager will issue a written notice granting or denying the request for
26 an extension within two business days of receipt of the written request.
27 Section 9. Secondary Public Notice.
28 Any property, or structure, declared a Drug Laboratory Nuisance shall be listed on a website
29 owned, operated, and maintained by the City of Little Rock:
30 (a) If the owner fails to begin the decontamination process required in Section 8 of this ordi-
31 nance; and
32 (b) Will remain on the website until such time as the City Manager issues a Certificate for
33 Right of Reentry.
34 Section 10. Revocation of Special Use Permit.
Ordinance
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To prohibit illegal laboratories for controlled substances
I (a) Administrative Procedure. When a structure or property holding a special use permit is
2 declared a Drug Laboratory Nuisance:
3 (1) Revocation.
4 (A) The special use permit is revoked if the Drug Laboratory Nuisance is found in a
5 day care family home or a family care facility;
6 (B) is subject to revocation by the Board of Directors for all other uses if:
7 (i) the owner or manager fails to cooperate with law enforcement or other city
8 officials with the criminal investigation surrounding the discovery of an illegal
9 laboratory; or
10 (ii) the owner or manager fails to cooperate with law enforcement or other city
11 officials with the security of the Drug Laboratory Nuisance site, the provisions
12 for disconnection of utilities, reentry, and the subsequent decontamination
13 provisions contained in Sections 5, 6, and 8 of this Ordinance; or
14 (iii) the illegal laboratory was created by the owner, owner's manager, corporate
15 director or officer, or allowed to exist on the site with their knowledge and
16 consent.
17 (b) Interim Business Operations. Provided that the owner or manager begins or continues to
18 cooperate with law enforcement and other city officials in the criminal investigation and
19 the provisions of Sections 5,6, and 8 of this Ordinance, the owner may continue to op-
20 erate the business on the site if :
21 (1) such operation can occur without endangering the public health and safety; and
22 (2) the owner or manager submits a letter from a qualified individual or agency as set
23 forth in Section 7 stating that the contamination from the affected area will not
24 spread to other areas if operation of the business continues or resumes; and
25 (3) the site of the illegal laboratory is posted and secured as required by this ordinance.
26 Section 1 1. Special Use Permit Applicant Ineligibility. Section 36 -54 (a) of the Little Rock
27 City Code, Revised, 1988 is hereby amended as follows:
28 "(a) General Purpose. The purpose of this section is to provide a method of control over cer-
29 tain types of land uses which, while not requiring the full review process of the conditional
30 use permits, do require some review procedure which allows for determination of their ap-
31 propriateness within the neighborhood for which they are proposed and for public com-
32 ment. Provided that an applicant having a prior conviction for violation of the Arkansas Uni-
33 form Controlled Substances Act is ineligible to apply for a special use permit for a daycare
34 family home or a family care facility unless the applicant has received a pardon or can es-
35 tablish in writing that the conviction has been expunged."
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I Section 12 . Revocation of Conditional Use Permit.
2 (a) Administrative Procedure. When a structure or property holding a conditional use permit
3 is declared a Drug Laboratory Nuisance:
4 (1) Revocation.
5 (A) The conditional use permit is revoked if the illegal laboratory was created by the
6 owner, owner's manager, corporate director or officer, or allowed to exist on the
7 site with their knowledge and consent; or
8 (B) The conditional use permit is subject to revocation by the Board of Directors if:
9 (i) the owner or manager fails to cooperate with law enforcement or other city of-
10 ficials with the criminal investigation surrounding the discovery of an illegal
11 laboratory; or
12 (ii) the owner or manager fails to cooperate with law enforcement or other city
13 officials with the security of the Drug Laboratory Nuisance site, the provisions
14 for disconnection of utilities, reentry, and the subsequent decontamination
15 provisions contained in Sections 5, 6, and 8 of this Ordinance.
16 (b) Interim Business Operations. Provided that the owner or manager begins or continues to
17 cooperate with law enforcement and other city officials in the criminal investigation and
18 the requirements of Sections 5,6, and 8, the owner may continue to operate the busi-
19 ness if :
20 (1) such operation can occur without endangering the public health and safety; and
21 (2) the owner or manager submits a letter from a qualified individual or agency as set
22 forth in Section 7 stating that the contamination from the affected area will not
23 spread to other areas if operation of the business continues or resumes; and
24 (3) the site of the illegal laboratory is posted and secured as required by this ordinance.
25 Section 13. Revocation of Conditional Use Permit by the Board of Directors.
26 Chapter 36, Article II, Section 4 of the Little Rock City Code, Revised, 1988, is amended to
27 add the following new section:
28 Sec. 36-110. Revocation of Conditional Use Permit by the Board of Directors.
29 Nothing in Division 4 of this Chapter shall limit the authority of the Board of Di-
30 rectors to revoke a Conditional Use Permit for violation of the Drug Laboratory
31 Nuisance and Cleanup Code.
32 Section 14. Exemption from posting.
33 For a hotel, motel, apartment complex, or residential condominium, securing the site does
34 not require external signage that the unit was the site of a Drug Laboratory Nuisance so long as
35 the owner or manager complies with Section 12.
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Ordinance
To prohibit illegal laboratories for controlled substances
I Section 15. Revocation of Nonconforming Use.
2 (a) Administrative Procedure. When a structure or property bearing a nonconforming use
3 status is declared a Drug Laboratory Nuisance:
4 (1) Abandonment. The nonconforming use status shall be deemed abandoned upon
5 written notice of abandonment to the owner by U.S. Mail or other commercial mail
6 service sent to the billing address provided by the Pulaski County Tax Assessor for
7 that property.
8 (2) Owner's Notification to City of Illegal Laboratory. Notwithstanding subsection (a)(1),
9 the City Manager may decide not to declare the nonconforming use status aban-
10 doned if the owner of the structure or property otherwise complies with Sections 5,6,
11 and 8 of the ordinance.
12 Section 16. Annual Review.
13 The various departments of the City, including but not limited to, the City Attorney's Office,
14 the Little Rock Police Department, the Little Rock Fire Department, the Department of Housing
15 and Neighborhood Programs, Public Works, and Planning and Development will meet to annually
16 review the provisions of this ordinance with local, state, and federal law, and to suggest any
17 possible amendments to the Board of Directors. This review shall include a report to the Board
18 of Directors and the City Manager as to how the ordinance has functioned and whether it has
19 accomplished its purposes. Before any report or suggested modifications are presented to the
20 Board of Directors, the review group shall post its report on the City website for 45 days and re-
21 ceive public comment. This comment period does not preclude emergency amendments that
22 need to be made.
23 Section 17. Severability.
24 In the event any portion of this ordinance is declared or adjudged to be invalid or unconsti-
25 tutional, such declaration or adjudication shall not affect the remaining portions of this ordi-
26 nance, which shall remain in full force and effect as if the portion so declared or adjudged inva-
27 lid or unconstitutional was not originally a part of this ordinance.
28 Section 18. Repealer.
29 All ordinances and resolutions, and parts thereof, which are in conflict with any provision of
30 this ordinance are hereby repealed to the extent of such conflict, including, but not limited to
31 Little Rock Code Section 36 -54.
32 Section 19. Emergency. The ability to protect the general public's health, safety, and
33 welfare by passage of an administrative procedure to secure and clean up structures and prop -
34 erties contaminated by clandestine illegal drug laboratories, including methamphetamine labo-
35 ratories, is essential to the functioning of a municipality, and care should be taken to assure
Ordinance
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that any such regulation balances any constitutional rights of the owners and occupants of
structures and properties so affected, and the rights of the citizens in general to be free from
the negative secondary health and safety effects of such contaminated structures and proper-
ties; therefore, an emergency is declared to exist, and this ordinance shall be in full force and
effect from and after the date of its passage.
PASSED: March 21, 2006
ATTEST:
ncy WoS>d, City Clerk
APPROVED AS TO LEGAL FORM:
-------------- - - - - -- - - --
Thomas M. Carpenter, City torney
/1
APPROVED:
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Ji'm pailey, Mayor
Ordinance
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To prohibit illegal laboratories for controlled substances