Chapter 9.90
SALE AND DISPLAY OF NARCOTIC AND DRUG-RELATED PARAPHERNALIA

Sections:

9.90.010    Unlawful act designated.

9.90.020    Minors – Permitting in salesroom prohibited.

9.90.030    Minors – Remaining in salesroom prohibited.

9.90.040    Sale and display rooms – Restrictions, sign posting.

9.90.050    Sale and display rooms – Nuisance.

9.90.060    Violation – Misdemeanor.

9.90.070    Violation – Continued offense.

9.90.010 Unlawful act designated.

It is unlawful to sell and display narcotic and other paraphernalia. For the purposes of this chapter, the sale and display of narcotic and other paraphernalia shall be constituted as set forth in this chapter. (Ord. 1309 § 1, 1980).

9.90.020 Minors – Permitting in salesroom prohibited.

No owner, manager, proprietor or other person in charge of any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking or injection, or consuming marijuana, hashish, PCP, or any controlled substance, as defined by the laws of the state, 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 18 years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian. (Ord. 1309 § 1(a), 1980).

9.90.030 Minors – Remaining in salesroom prohibited.

A person under the age of 18 years shall not be, remain in, enter or visit any room in any place intended for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia 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, unless such person is accompanied by one of his or her parents, or his or her legal guardian. (Ord. 1309 § 1(b), 1980).

9.90.040 Sale and display rooms – Restrictions, sign posting.

A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia 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, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors unless accompanied by a parent or legal guardian are excluded. (Ord. 1309 § 1(c), 1980).

9.90.050 Sale and display rooms – Nuisance.

The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this chapter, and 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, is a public nuisance, and any building, structure, premises, or room or rooms therein, constituting a nuisance as defined in this section, may be abated in a civil action in the manner provided by law, or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his arrest may forthwith, and as a part of the same proceedings, direct the chief of police to abate summarily any such place as a nuisance as defined by this chapter. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It is unlawful for any owner, agent, lessee, tenant, person in charge or occupant to enter, use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this chapter, from and for a period of one year after the date of such abatement, unless he as principal shall give and file with the city treasurer a good and sufficient surety bond, to be approved by the court making the order of abatement, or in case of summary abatement to be approved by the chief of police, in penal sum of $1,000, payable to the city, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this chapter, and further conditioned that he will pay all fines, costs and damages assessed against him for any violation of this chapter, and in case of the violation of any of the conditions of such bond, the whole amount may be recovered as a penalty to the city. This remedy is in addition to any other remedy provided by law, including the penalty provision applicable for violations of the terms and provisions of this code. (Ord. 1309 § 1(d), 1980).

9.90.060 Violation – Misdemeanor.

Any person who violates or fails to comply with any of the provisions of this chapter, or counsels, aids or abets any such violation or failure to comply is guilty of a misdemeanor and any person convicted of such misdemeanor shall be punished by a fine of not more than $500.00 or imprisonment in jail for a period not to exceed 90 days or by both such fine and imprisonment. (Ord. 1309 § 1(e), 1980).

9.90.070 Violation – Continued offense.

Each and every offense committed shall be deemed to be a separate offense, and each day that a violation continues shall be deemed to be a separate offense. (Ord. 1309 § 1(f), 1980).