Arcata Municipal Code Art. 11 Nitrous Oxide Regulations

A. Definitions. The following words and phrases as used in this Section are defined as follows.

1. Device. "Device" means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.

2. Nitrous Oxide. "Nitrous oxide" means the colorless nonflammable gas (N2O) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called "laughing gas."

3. Person. "Person" refers to any individual or other entity howsoever organized or constituted.

B. Sale or Distribution of Nitrous Oxide. It is unlawful for any person not otherwise exempted under this Section to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.

C. Exceptions. This Section does not apply to the sale, offer, distribution, or other manner of providing nitrous oxide, or a device that contains any quantity of nitrous oxide, in the following circumstances:

1. If the nitrous oxide is contained in a food product for use as a propellant.

2. If the nitrous oxide is being administered for the purpose of providing medical or dental care by, or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

3. If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.

4. This Section shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).

D. Violations and Penalties. Any person violating this Article is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail of up to six (6) months or by a fine of one thousand dollars ($1,000), or both in accordance with Section 1200.

The City Council further declares that any condition caused or permitted to exist in violation of any of the provisions of this Article constitutes a public nuisance in accordance with Section 1201. The City may require abatement of such nuisance and recover costs of abatement as provided by law.

The City may also impose administrative citations for violations of this Article in accordance with the City’s Administrative Citations provisions set forth in Title I, Chapter 3, Article 2, Administrative Citations. (Ord. 1579, eff. 7/4/2025)

TITLE IV—PUBLIC WELFARE, MORALS AND CONDUCT