Escalon Municipal Code Ch. 9.08 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 in EMC § 9.08.020 through § 9.08.100, the phrase "drug paraphernalia" means and includes 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.

(Ord. 198 § 1, 1980)

The prohibitions set forth in EMC § 9.08.010 shall not apply when drug paraphernalia are displayed for sale or offered for sale in a room, the entrance to which is posted by a conspicuous sign clearly indicating that drug paraphernalia are displayed for sale or offered for sale therein, and that persons under the age of 18 years may not enter such room.

(Ord. 198 § 2, 1980)

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 part, is declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure of the state.

(Ord. 198 § 7, 1980)

No person in control of any place of business open to the public shall allow a person under the age of 18 years 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. 198 § 3, 1980)

No person under the age of 18 years 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. 198 § 5, 1980)

No person at any place of business open to the public shall sell drug paraphernalia to any person under the age of 18 years.

(Ord. 198 § 4, 1980)

No person under the age of 18 years shall possess drug paraphernalia.

(Ord. 198 § 6, 1980)

No person shall sell, give or in any way furnish to any person who is in fact under the age of 18 years any magazine, book, pamphlet, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any recording, transcription or mechanical, chemical or electrical reproduction of which the main purpose is to illustrate or describe and to promote the illegal cultivation, procurement, preparation or use of any controlled substance listed in Sections 11054 to 11058, inclusive of the Health and Safety Code.

(Ord. 198 § 8, 1980)

Each day upon which a violation occurs, a separate offense shall be deemed committed and, upon conviction thereof, shall be punished as provided in this chapter.

(Ord. 198 § 11, 1980)

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable by a fine of not more than $500.00.

(Ord. 198 § 10, 1980)