Chapter 4.24
DRUG PARAPHERNALIA
Sections:
4.24.050 Revocation of business license.
4.24.010 Findings.
The illegal use of controlled substances within the city creates serious social, medical and law enforcement problems, and constitutes a nuisance hazardous to the health and welfare of the citizens of the city. (Ord. 19-08 § 1 (part): Ord. 14 § 8, 1982)
4.24.020 Intent.
A. The display of drug paraphernalia in retail stores within the city intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.
B. This chapter is a measure which is necessary in order to discourage the illegal use of controlled substances within the community. (Ord. 19-08 § 1 (part): Ord. 14 § 9, 1982)
4.24.030 Definitions.
As used in this chapter, the following terms shall be ascribed the following meanings:
“Business” means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
“Controlled substance” means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.
“Display” means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
“Drug paraphernalia” means any of the following when displayed:
1. Any item which is not otherwise defined by any statute of the state of California as drug paraphernalia, whether useful for nondrug-related purposes or not, which is displayed or grouped with other items in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California;
2. Any item which is not otherwise defined by any statute of the state of California as drug paraphernalia, whether useful for nondrug-related purposes or not, which is decorated or adorned in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California. (Ord. 19-08 § 1 (part): Ord. 14 §§ 1, 2, 1982)
4.24.040 Display.
A. Except as authorized by law, it shall be unlawful for any person to wilfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business.
B. Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or who works at such business as an agent of the owner, to wilfully display drug paraphernalia at such business. (Ord. 19-08 § 1 (part): Ord. 14 § 3, 1982)
4.24.050 Revocation of business license.
Violation of the provisions of this chapter shall constitute grounds for revocation of any business license issued by the city to a business upon the premises of which the violation has occurred. Revocation of a business license shall be pursuant to procedures adopted by the city. (Ord. 19-08 § 1 (part): Ord. 14 § 7, 1982. Formerly 4.24.060)
4.24.060 Violation—Penalty.
Any violation of the provisions of this chapter shall be a misdemeanor and shall be punished as such in accordance with Section 1.04.030. (Ord. 19-08 § 1 (part): Ord. 14 § 10, 1982. Formerly 4.24.070)