Chapter 4 — DRUG PARAPHERNALIA

Section

10-4-1 Definitions

10-4-2 Maintenance and display of drug paraphernalia

10-4-3 Application

10-4-4 Sale to minors prohibited

10-4-5 Advertising prohibited

10-4-6 Exceptions

10-4-7 Enforcement

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVERTISE. To verbally, literally or pictorially display, publicize or tell of an item or a quantum of merchandise that is offered for sale.

BUSINESS. A fixed location, whether indoors or outdoors, at which merchandise is offered for sale.

CONTROLLED SUBSTANCES. Those controlled substances set forth in the Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 and 11058, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be

amended, renumbered or added to in any way.

DISPLAY. To show or have available for view in.

DRUG PARAPHERNALIA.

1. All equipment, products and materials of any kind which are used, intended for use, or designed for use in

manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state.

2. DRUG PARAPHERNALIA includes, but is not limited to, all of the following:

(a) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or

preparing controlled substances;

(b) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant

which is a controlled substance;

(c) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness

or purity of controlled substances;

(d) Diluents and adulterants, such as quinine hydrochloride, mannitol, marmite, dextrose and lactose used, intended for

use or designed for use in cutting controlled substances;

(e) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in

otherwise cleaning or refining marijuana;

(f) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding

controlled substances;

(g) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small

quantities of controlled substances;

(h) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled

substances;

(i) Objects used, intended for use or designed for use in injecting, inhaling or otherwise introducing marijuana, cocaine,

hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish

heads or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) “Roach clips”, meaning objects to hold burning materials, such as a marijuana cigarette that has become to small or

too short to be held in the hand;

(6) Miniature cocaine spoons and cocaine vials;

(7) Chamber pipes;

(8) Carburetor pipes;

(9) Air driven pipes; and

(10) Bongs.

3. In determining whether an object is DRUG PARAPHERNALIA, a court or other authority may consider to the extent

authorized by law, in addition to all other logically relevant factors, the following:

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior convictions, if any, of an owner, of anyone in control of the object, under any state or federal law relating to any

controlled substances;

(c) The proximity of the object, in time and space, to a direct violation of this chapter;

(d) The proximity of the object to controlled substances;

(e) The existence of any residue of controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons

whom he or she knows intends to use the object to facilitate a violation of the laws of the state relating to controlled substances;

(g) Descriptive materials or instructions, oral or written accompanying the object which explain or depict its use;

(h) National and local advertising concerning its use;

(i) The manner in which the object is displayed for sale including its proximity to other objects falling within the definition of drug paraphernalia;

(j) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business

enterprise;

(k) The existence and scope of legitimate uses for the object in the community; and

(l) Expert testimony concerning its use.

ENCLOSURE. Floor space, the physical access to which is restricted and the interior of which is not subject to view by a patrol from the outside.

MINOR. Any person under 18 years of age.

PERSON. A natural person or any firm, partnership, association, corporation or cooperative association.

SELL. Any form of transfer of possession or delivery, whether with or without consideration.

(Ord. 226, passed 3-26-1981)

(A) No person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia are completely and wholly kept, displayed or offered within a separate room or enclosure from which persons under the age of 18 who are not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall have a sign posted in reasonably visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian are excluded.

(B) No owner, manager, proprietor or other person in charge of any room or enclosure, within any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away shall permit or allow any person under the age of 18 years to enter, be in, remain in or visit such room or enclosure unless such minor is accompanied by one of his or her parents or his or her legal guardian.

(C) No person under the age of 18 years shall enter, be in, remain in or visit any room or enclosure in any place of business which has been signposted in the manner prescribed by subsection (A) of this section unless accompanied by one of his or her parents or by his or her legal guardian.

(Ord. 226, passed 3-26-1981)

The provisions of § 10-4-2(A) of this chapter shall not apply to any person unless that person maintains or operates a place of business in which drug paraphernalia is kept, displayed or offered in any manner with intent to deliver, sell, furnish, transfer or give away, knowing or under circumstances where he or she should reasonably know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human system a controlled substance in violation of any law of the state. The provisions of § 10-4-2(B) of this chapter shall not apply to any owner, manager, proprietor or other person in charge of any room or enclosure within any place of business in which drug paraphernalia is kept, unless the drug paraphernalia is required by the provisions of § 10-4-2(A) of this chapter to be kept, displayed or offered within such separate room or enclosure.

(Ord. 226, passed 3-26-1981)

No person shall deliver, sell, furnish, transfer or give away to a minor any drug paraphernalia knowing or under circumstances where he or she reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of any law of the state.

(Ord. 226, passed 3-26-1981)

No person shall advertise in any newspaper, handbill or other publication produced within the county, knowing or under circumstances where he or she reasonably should know that the purpose of the advertisement, in whole or in part is to promote the sale of objects designed for use or intended for use as drug paraphernalia.

(Ord. 226, passed 3-26-1981)

(A) This chapter shall not apply to any of the following:

1. Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist or veterinarian;

   2. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia to his or her patients; and

   3. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia.

(B) No provision of this chapter 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, or require any act which is prohibited by any law of the state nor shall any provision of this chapter be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the state.

(Ord. 226, passed 3-26-1981)

(A) Violation. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(B) Public nuisance. A violation of any provision of this chapter is declared to be a public nuisance subject to abatement pursuant to the Cal. Code of Civil Procedure § 731.

(C) Business license.

1. A violation of any provision of this chapter shall be sufficient grounds for the Finance Director to revoke, suspend or to

refuse to renew the business license of the person or entity violating this chapter. A criminal conviction or adverse judgment in a nuisance action shall not be required in order to establish a violation of this chapter for purposes of revocation, suspension or refusal to issue or renew a business license pursuant to this subsection.

2. Any person or entity aggrieved by the actions of the Finance Director in revoking, suspending or refusing to renew or

issue a business license pursuant to this subsection (C) shall have the right to appeal to the City Council.

(Ord. 226, passed 3-26-1981)