O-2010-3302 closing that portion of the alley in Block 13

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/)nlo - Z>IU ORDINANCE NO. MZ, AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE VI. "PROHIBITION OF CERTAIN SMOKING SUBSTANCES", TO BAN THE USE OR POSSESSION OF SYNTHETHIC NARCOTICS WHEN MEETING CRITERIA ESTABLISHED THEREIN; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home -rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the La Porte City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; WHEREAS, the City Council of the City of La Porte, Texas has determined that certain businesses within the City may be selling certain substances that when ingested produce intoxicating effects similar to THC or marijuana; and WHEREAS, the aforementioned substances are not yet categorized as illegal controlled substances under state or federal law; and WHEREAS, these substances, which are described herein below, are often used as an alternative to marijuana and are potentially dangerous to users and further, the long term effects are not yet known; and WHEREAS, the City Council of the City of La Porte, has determined that it is in the best interest of the public health, safety and welfare to prohibit the substances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Chapter 42 "Miscellaneous Offenses", is hereby amended by adding a new Article VI. "Prohibition of Certain Smoking Substances" of the Code of Ordinances of the City of LaPorte, Texas, which shall read as follows: