Chapter 9.14
CONTROLLED SUBSTANCE PARAPHERNALIA
9.14.010 Necessity of enactment.
9.14.040 Sale and display rooms.
9.14.050 Violations and penalties.
9.14.010 Necessity of enactment.
As a consequence of the glamorization of paraphernalia associated with the use of controlled substances and the abhorrence with which many residents of this city view such glamorization and enticement of impressionable persons, this city council finds that many residents of this city are being unwillingly subjected to paraphernalia displays which are to these persons objectionable and unpleasant. The city council further finds that such unpleasantness is particularly acute when minors are present in the area where such displays are conducted as a consequence of the concern of these unwilling viewers for the welfare of this city’s children. Because of the relatively recent proliferation of such drug-related paraphernalia in this city and the immediate risk that impressionable young people will be unduly influenced by aggressive, commercial marketing techniques being utilized with the subject paraphernalia, it is the opinion of this city council that there currently exists within the city an eminent danger to the children of this city should drug-related paraphernalia be available to minors without there simultaneously being available guidance from adults most likely to have the welfare of each individual minor in mind. Accordingly, this city council determines that regulation of the availability of drug-related paraphernalia to minors unaccompanied by an appropriate adult must be immediately regulated. (Ord. 918 § 1 (part), 1980).
9.14.020 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 designed or used for smoking or injecting or consuming marijuana, hashish, PCP or any other 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, shall allow or permit any person under the age of eighteen 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. 918 § 1 (part), 1980).
9.14.030 Minors—Excluded.
A person under the age of eighteen years shall not be, remain in, enter or visit any room in any place used for the sale, or for displaying for sale, of devices, contrivances, instruments or paraphernalia designed or used for smoking or injecting marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, unless such person is accompanied by one of his or her parents, or his or her legal guardian. (Ord. 918 § 1 (part), 1980).
9.14.040 Sale and display rooms.
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 designed or used for smoking or injecting marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, 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. 918 § 1 (part), 1980).
9.14.050 Violations and penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof is punishable by a fine of two hundred fifty dollars. (Ord. 1247 (part), 1999; Ord. 1160 § 19, 1993: Ord. 918 § 1 (part), 1980).
9.14.060 Violation—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 designed or used for smoking or injecting marijuana, hashish, PCP or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, is 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. (Ord. 918 § 1 (part), 1980).