Bell Municipal Code Ch. 8.58 Nitrous Oxide

The following words and phrases used in this chapter shall be defined as follows:

"Device"

refers to any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.

"Nitrous oxide"

refers to 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 oftentimes called "laughing gas."

"Person"

refers to any individual or other entity howsoever organized or constituted.

[Ord. 1293, 1/8/2025]

It shall be unlawful for any person in the city to attempt to use, sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide.

[Ord. 1293, 1/8/2025]

It shall be unlawful for any person in the city to possess nitrous oxide, a device that contains any quantity of nitrous oxide, or a device to dispense or administer nitrous oxide in a manner that violates California Penal Code Section 381b through e.

[Ord. 1293, 1/8/2025]

Prohibitions in this chapter shall not apply to the following:

A. A pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4036, 4030, and 4037, as may be amended, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy or manufacturers classified under the North American Industry Classification System pursuant to California Penal Code Section 381e, who dispense the device in the course of their duties.

B. A health care professional who possesses and dispenses nitrous oxide in the course of medical or dental treatment.

C. This chapter shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide duly received pursuant to exception subsections A or B above.

D. This chapter shall not apply to any person that possesses or distributes nitrous oxide under an express exemption pursuant to California Penal Code Section 381b through e.

[Ord. 1293, 1/8/2025]

A. Any violation of this chapter shall be a misdemeanor punishable by County Jail for no more than six months or by a fine of $ 1,000, or both.

B. An administrative citation in an amount up to $1,000 may be issued by an enforcement officer to any person who violates this chapter.

C. Nothing in this section shall be intended to limit any of the penalties provided for under the California Penal Code with regard to the sale, use, possession, delivery, and/or storage of nitrous oxide. The penalties set forth herein are intended to be nonexclusive and in addition to any other remedies at law or equity.

[Ord. 1293, 1/8/2025]