Lake County Municipal Code Art. IV Sale and Display of Narcotic and Other Paraphernalia

12-30.1 [Findings.] The illegal use of controlled substances by persons under eighteen (18) years of age within the unincorporated area of Lake County constitutes a serious law enforcement problem. Such use also causes physical and psychological damage to the youth of this community, impairment of educational achievement and of the efficiency of the educational system, increases in nondrug related crime, and a threat to the ability of the community to ensure future generations of responsible and productive adults, all to the detriment of the health, safety and welfare of the citizens of Lake County.

The proliferation of drug paraphernalia in retail outlets within the unincorporated area and the unrestricted display and sale of many types of such paraphernalia to youths, aides and abets, intensifies and otherwise compounds the problem of illegal use of controlled substances within this community. This chapter [article] is a measure which is necessary in order to discourage the availability, acceptance and illegal use of controlled substances by youth.

(Ord. No. 1189, § 1, 3-9-81)

12-30.2 Minors. No owner, manager or proprietor in charge of any room in any place of business selling, or displaying for the purpose of sale, any device including, but not limited to, roach clips, contrivances, instruments or paraphernalia for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.

(Ord. No. 1189, § 1, 3-9-81)

12-30.3 Minors excluded. A person under the age of eighteen (18) years shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, including but not limited to roach clips, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including, but not limited to, roach clips, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

(Ord. No. 1189, § 1, 3-9-81)

12-30.4 Sale and display rooms. A person shall not maintain in any place or business to which the public is invited the display for sale of, or the offer to sell, devices, including, but not limited to, roach clips, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such room shall be sign posted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors unless accompanied by a parent or legal guardian are excluded.

(Ord. No. 1189, § 1, 3-9-81)

12-30.5 Nuisance. The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this section, and where devices, including, but not limited to, roach clips, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this article.

(Ord. No. 1189, § 1, 3-9-81)

12-30.6 Penalty. Any person violating any provision of this article shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred (500) dollars for each offense or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 1189, § 1, 3-9-81)

12-30.7 Exceptions. No provision of this article shall be deemed, whether directly or indirectly, to authorize any use, possession or other act which is otherwise prohibited by any law of the State of California, or require any act which is prohibited by any law of the State of California. Nor shall any provision of this article be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State of California.

(Ord. No. 1189, § 1, 3-9-81)

12-30.8 Severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter [article] which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

(Ord. No. 1189, § 1, 3-9-81)