A. It is a public nuisance for any person to store, provide, display for sale, distribute or sell any synthetic drug, or any substance claimed or represented to be a synthetic drug, within the city of San Luis Obispo.

B. It is a public nuisance for any person to allow the storage, provision, display for sale, distribution or sale of any synthetic drug, or any substance claimed or represented to be a synthetic drug, on property owned, controlled or managed by such person within the city of San Luis Obispo.

C. To determine if a person is claiming or representing that a substance or product is a synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in Section 9.09.040.

D. A criminal conviction is not required for establishing the occurrence of nuisance activity pursuant to this chapter. The occurrence of nuisance activity may be established by documented evidence that the nuisance activity was witnessed by a code enforcement officer, peace officer or other witness willing to testify. (Ord. 1622 § 2 (part), 2015)