Chapter 6.36
DRUG PARAPHERNALIA
Sections:
6.36.010 Sale and display of drug paraphernalia.
6.36.020 Persons prohibited from entering.
6.36.060 Unauthorized sale of drug paraphernalia declared public nuisance.
6.36.010 Sale and display of drug paraphernalia.
No person shall display for sale or offer for sale, in a place of business open to the public, any drug paraphernalia. As used in this section and Sections 6.36.020 through 6.36.070, the phrase “drug paraphernalia” includes any of the items possession of which is prohibited by Section 11364 of the Health and Safety Code of the state of California, or any instrument used, designed for use or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil or cocaine, such as:
A. Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana or hashish pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
B. Water pipes, designed for use or intended for use with marijuana, hashish, hashish oil or cocaine;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips;
F. Separation gins designed for use or intended for use in cleaning marijuana;
G. Cocaine spools and vials;
H. Chamber pipes;
I. Carburetor pipes;
J. Electric pipes;
K. Air-driven pipes;
L. Chilams;
M. Bongs;
N. Ice pipes or chillers.
(Ord. 334 § l (part), 1981).
6.36.020 Persons prohibited from entering.
No person in control of any place of business open to the public shall allow any person to enter or remain in a room at such place of business in which drug paraphernalia are displayed for sale or offered for sale. (Ord. 334 § 1 (part), 1981).
6.36.030 Sale prohibited.
No person at any place of business open to the public shall sell drug paraphernalia to any other person. (Ord. 334 § 1 (part), 1981).
6.36.040 Entrance prohibited.
No person shall enter or remain in a room at a place of business open to the public in which drug paraphernalia are displayed for sale or offered for sale. (Ord. 334 § 1 (part), 1981).
6.36.050 Purchase prohibited.
No person shall purchase drug paraphernalia at a place of business open to the public. (Ord. 334 § 1 (part), 1981).
6.36.060 Unauthorized sale of drug paraphernalia declared public nuisance.
The display for sale or possession for sale of drug paraphernalia in a place of business open to the public, except as permitted in Section 6.36.070 is declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure of the state of California. (Ord. 334 § 2, 1981).
6.36.070 Exceptions.
This chapter shall not apply to any of the following:
A. Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist, or veterinarian;
B. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia to his or her patients;
C. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia. (Ord. 334 § 3, 1981).
6.36.080 Violation—Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail, not to exceed six months, or by both such fine and imprisonment. (Ord. 334 § 5, 1981).