Chapter 9.20
RESTRICTIONS ON
CERTAIN COMMERCIAL DRUG PARAPHERNALIA ACTIVITIES
Sections:
9.20.020 Legislative findings.
9.20.050 Sale and display rooms.
9.20.060 Sale and display rooms – Nuisance.
9.20.010 Purpose and intent.
It is the purpose and intent of the City in enacting this chapter that commercial activities in the City in connection with the selling, or displaying for the purpose of sale, any device, contrivance, instrument, or paraphernalia used, designed, modified, altered or intended to be used for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance as defined in the Health and Safety Code of the State of California (drug paraphernalia) occur in such a manner and be so restricted that the parents and guardians of persons under the age of eighteen (18) years of age and responsible for the minor's welfare, shall have an opportunity to exercise meaningful parental guidance in the drug field where there has been a continuing problem of substance abuse among the young people of this community. (Ord. 1383 § 1, 7-17-79. Formerly § 18-74).
9.20.020 Legislative findings.
The City Council of the City finds and declares that the open display of the drug paraphernalia mentioned above encourages youngsters to experiment with and use illegal drugs outside of the knowledge and consent of the responsible parent or legal guardian, prevents the exercise of parental responsibility, contributes to the breakdown of families, and constitutes a nuisance hazardous to the health, safety, and welfare of the general public. (Ord. 1383 § 1, 7-17-79. Formerly § 18-75).
9.20.030 Minors.
No owner, manager, proprietor, or other person in charge of any room in any place of business, selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia used, designed, modified, altered, or intended to be used for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter, or visit such room while such a device, contrivance, instrument or paraphernalia is in the open or exposed to public view, unless such minor person is accompanied by one of his/her parents, or by his/her legal guardian. (Ord. 1383 § 1, 7-17-79. Formerly § 18-76).
9.20.040 Minors – Excluded.
A person under the age of eighteen (18) years shall not be, remain in, enter, or visit any room in any place used for the sale or displaying for sale of any device, contrivance, instrument, or paraphernalia used, designed, modified, altered, or intended to be used for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, and while such a device, contrivance, instrument, or paraphernalia is in the open or exposed to public view, unless such person is accompanied by one of his/her parents, or his/her legal guardian. (Ord. 1383 § 1, 7-17-79. Formerly § 18-77).
9.20.050 Sale and display rooms.
A person shall not maintain in any place of business to which any person under the age of eighteen (18) years is invited the display for sale, or the offering to sell any device, contrivance, instrument, or paraphernalia used, designed, modified, altered, or intended to be used for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, and while such a device, contrivance, instrument, or paraphernalia is in the open or exposed to public view, unless the person under the age of eighteen (18) years is accompanied by his/her parent or legal guardian. (Ord. 1383 § 1, 7-17-79. Formerly § 18-78).
9.20.060 Sale and display rooms – Nuisance.
The violation of any provision of this chapter or the distribution or possession for the purpose of sale, exhibition, or display in any place of business where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, and from which minors are not excluded as prescribed in this chapter, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. Notwithstanding any other provisions of this Code to the contrary, a violation of this chapter shall not constitute a misdemeanor nor give rise to any criminal prosecution. (Ord. 1383 § 1, 7-17-79. Formerly § 18-79).