Crescent City Municipal Code Ch. 8.40 Regulation of Nitrous Oxide

This chapter is enacted pursuant to the city's police powers to protect the public safety, health and welfare. The express purpose of this chapter is to protect the public health and safety by limiting retail access to a very dangerous gas that is illicitly used as an intoxicant. Persons and businesses that legitimately utilize nitrous oxide in their products will continue to be able to do so.

(Ord. 845, 10/7/2024)

For purposes of this chapter, the following words, shall have the following definitions:

"Device"

means any cartridge, compressed gas cylinder, apparatus, container or other object used to contain, dispense or administer 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, often preceded by exhilaration and laughter and used as an anesthetic in dentistry. Nitrous oxide is often referred to as "laughing gas."

"Person"

means any individual or legal entity however constituted or organized.

"Wholesale capacity"

means to sell nitrous oxide or a device to dispense nitrous oxide to a person that will use said product in the performance of its service or the production of its goods.

(Ord. 845, 10/7/2024)

Except as otherwise allowed under this chapter, it is unlawful for any person 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 a quantity of nitrous oxide.

(Ord. 845, 10/7/2024)

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

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

B. If the nitrous oxide or device is being sold, offered or distributed in a wholesale capacity.

C. If the nitrous oxide or device that is being sold, offered or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.

D. 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.

E. 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.

F. If the nitrous oxide or device is being sold, offered or distributed by a manufacturer classified under Code Number 325120 (industrial gas manufacturer) or 424690 (other chemical and allied products merchant wholesalers) by the North American Industry Classification System (NAICS).

(Ord. 845, 10/7/2024)

Any person who violates this chapter is guilty of a misdemeanor offense and upon conviction thereof may be fined up to one thousand dollars and sentenced up to six months in the county jail. Additionally, any person who violates this chapter is subject to administrative citation in accordance with Chapter 1.24 of this Municipal Code. This section shall not serve to limit any other legal remedies or actions that the city may have to address violations of this chapter.

(Ord. 845, 10/7/2024)