Ordinance No. 1,0091W
0
ORDINANCE,NO. 1009
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF
CHAPTER 17, MISCELLANEOUS PROVISIONS AND OFFENSES,
BY ADDING THERETO A NEW SECTION DESIGNATED AS
SECTION 17 -14, REGULATING THE SALE OF COUGH PRE-
PARATIONS CONTAINING CERTAIN AMOUNTS OF CODEINE;
CONTAINING DEFINITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown
has been made aware of a substantial increase in the use
of certain cough preparations for purposes not associated
with the medical treatment intended by the makers of such
cough preparations; and
WHEREAS, this alarming increase of sales, acqui-
sition and use of certain cough preparations by means of
prescription, or without prescription, has in many instances
exceeded the intent and authorization of the prescriptions, or
the purpose of the preparation, and such sales, acquisitions
and use of said preparations have, in many instances, not
been made in good faith; and
WHEREAS, the City Council has determined that
there is an urgent need to protect the health, safety and
welfare of the citizens of the City of Baytown by regulating
the sale and acquisition of such cough preparations; NOW THEREFORE,
BAYTOWN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1: That the Code of Ordinances of the
City of Baytown, Texas, is hereby amended by amending
Chapter 17, Miscellaneous Provisions and Offenses, by adding
thereto a new section, designated as Section 17 -14, which
shall read as follows, to -wit:
d
Section 17 -14. Sale of Certain Cough Preparations.
(a) It shall be unlawful for any apothecary,
or any other person, to sell and dispense any
cough preparation which contains any amount
up to 64.8 mgs. (1 gr.) codeine, or any of
its salts, per 29.5720 cc (1 fl. oz.) or per
28.3 Gms. (lay. og.), without a written pre-
scription, or an oral prescription of a phy-
sician, dentist, or veterinarian, stating
the name and address of the patient for whom,
or of the owner of the animal for which the
drug is dispensed and the full name, address,
and registry number of the person prescribing,
if he is required by law to be so registered.
The person filling the prescription shall
write the date of the filling and his own sig-
nature on the face of the prescription. The
prescription (or a memorandum of same signed
by the pharmacist if the prescription is oral)
shall be retained on file by the proprietor
of the pharmacy in which it is filled for a
period of two years, so as to be readily ac-
cessible for inspection by any public official
or employee engaged in the enforcement of
this section.
(b) It shall be unlawful for any apothecary,
or any other person, to refill any prescription
for a cough preparation as indicated herein -
above when the refilling of same has not been
specifically authorized by the original pre-
scription.
(c) "Apothecary" means a licensed pharmacist
as defined by the laws of the State of Texas,
and, where the context herein so requires, the
owner of a store or other place of business
where narcotic drugs are compounded or dis-
pensed by a licensed pharmacist.
(d) The term "person" includes an apothecary,
individual, partnership, corporation, associa-
tion, and other groups of persons.
Section 2: Penalty.
Any person who shall violate any provision of
this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine not to exceed
TWO HUNDRED DOLLARS ($200.00), and each offense shall be
deemed to be a separate violation and punishable as a se-
parate offense.
Section 3: Savings Clause.
If any provision, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or set of circumstances,
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ANY,), •
shall for any reason be held unconstitutional, void or in-
valid, such invalidity shall not affect the validity of the
rei,iiaining provisions of this ordinance or their application
to other persons or sets of circumstances,and to this end
all provisions of this ordinance are declared to be severable.
Section 4. Effective Date.
This ordinance shall take effect from and after
ten (10) days after its passage by the City Council, The
City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten
(10) days after its passage.
INTRODUCED, READ and PASSED by the affiri,native
vote of the City Council of the City of Baytown, this the
8th day of January, 1970. 1 " /1
C. GLEN IJl LACER, ayor
L, A,
EDNA OLIVER, City Cl e r k
W22ffilimm
MILLI 14 R. LAUGHLIN, Ci V Attorney'w_
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