El Monte Municipal Code Ch. 9.16 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 chapter, the phrase "drug paraphernalia" shall include any of the items possession of which is prohibited by Section 11364 of the State of California Health and Safety Code, 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 spoons and vials;

H. Chamber pipes;

I. Carburetor pipes;

J. Electric pipes;

K. Air driven pipes;

L. Chillums;

M. Bongs; and

N. Ice pipes or chillers.

(Prior code § 4330)

The prohibitions set for in Section 9.16.010 shall not apply when drug paraphernalia are displayed for sale or offered for sale in a room the entrance of which is posted by a conspicuous sign clearly indicating that drug paraphernalia are displayed for sale or offered for sale therein and that minors may not enter such room unless accompanied by a parent or legal guardian.

(Prior code § 4330.1)

No person in control of any place of business open to the public shall allow a minor not accompanied by a parent or legal guardian to enter or remain in a room at such place of business in which drug paraphernalia are displayed for sale or offered for sale.

(Prior code § 4330.2)

No person at any place of business open to the public shall sell drug paraphernalia to a minor who is not accompanied by a parent or legal guardian.

A. No minor who is not accompanied by a parent or legal guardian 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.

B. No minor who is not accompanied by a parent or legal guardian shall purchase drug paraphernalia at a place of business open to the public.

(Prior code §§ 4330.3—4330.5)

The sale of drug paraphernalia shall constitute an adult business within the meaning of the city zoning ordinance. (Amended during 1999 recodification; prior code § 4331)

The display for sale or possession for sale of drug paraphernalia in a place of business open to the public, except as permitted in this chapter, is declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure of the state or pursuant to the procedure set forth in Chapter 8.44 of this code. (Amended during 1999 recodification as prior code § 4332)