Nevada County Municipal Code Ch. 4 Prohibiting the Distribution and Display of Drug Paraphernalia

As used in this chapter, the following terms shall be ascribed the following meanings:

A. Business means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

B. Display means to show a patron or place in a manner so as to be available for viewing or inspection by a patron.

C. Patron means a person who enters a business for the purpose of purchasing or viewing as a shopper, merchandise offered for sale at the business.

D. Distribute means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts.

E. Controlled Substance means those controlled substances set forth in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057 and 11058, identified as Schedules I—V, inclusive as said sections now exist or may hereafter be amended.

F. Drug Paraphernalia means all equipment, products, and materials of any kind which are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, 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 of California. "Drug Paraphernalia" includes, but is not limited to, all of the following:

1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

3. Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;

4. Testing equipment intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

5. Scales and balances intended for use or designed for use in weighing or measuring controlled substances;

6. Dilutants and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances;

7. Separation gins and sifters intended for use od designed for use in removing twigs and seeds from, or in otherwise cleaning or refining a controlled substance in violation of the law of the State of California;

8. Blenders, bowls, containers, spoons and mixing devices intended for use or designed for use in compounding controlled substances;

8.A.

Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substance;

9. Containers and other objects intended for use or designed for use in storing or concealing controlled substances; and

10. Hypodermic syringes, needles and other objects intended for use or designed for use in injecting, inhaling, or otherwise introducing a controlled substance in violation of the law of the State of California into the human body such as:

a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Roach clips, meaning objects used to hold burning material of a controlled substance in violation of the law of the State of California that has become too small or too short to be held in the hand;

f. Miniature cocaine spoons, and cocaine vials;

g. Chamber pipes;

h. Carburetor pipes;

i. Air-driven pipes;

j. Bongs;

k. Electric pipes; and

l. Chillums.

In determining whether an object is "drug paraphernalia," a court or other authority may consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. The proximity of the object to controlled substances;

3. The existence of any residue of controlled substances on the object;

4. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom they know intend to use the object to facilitate a violation of the laws of the State of California relating to controlled substances;

5. Instructions, oral or written, provided with the object concerning its use;

6. Descriptive materials accompanying the object which explain or depict its use;

7. National and local advertising concerning its use;

8. The manner in which the object is displayed for sale;

9. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

10. The existence and scope of legitimate uses for the object in the community; and

11. Expert testimony concerning its use.

G. Person means a natural person or any firm, partnership, association, corporation or cooperative association.

(Ord. 2530. (10/24/2023))

A. Except as authorized by law, it shall be unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business unless such drug paraphernalia is completely and wholly kept, displayed or offered within a separate room or enclosure to which persons under the age of eighteen (18) years not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be signposted in reasonably visible and legible words to the effect that drug paraphernalia is kept, displayed or offered in such room or enclosure and that minors, unless accompanied by a parent or legal guardian, are excluded.

B. Except as authorized by law, 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 eighteen (18) years to enter, be in, remain in or visit such room or enclosure unless that minor person is accompanied by their parent or legal guardian.

C. Unless authorized by law, no person under the age of eighteen (18) years shall enter, be in, remain in, or visit any room or enclosure in any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred, or given away unless accompanied by their parent or legal guardian.

(Ord. 2530. (10/24/2023))

Except as authorized by law, it shall be unlawful for any person to willfully distribute to another person drug paraphernalia, knowing, or under circumstances where one 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 the law of the State of California.

(Ord. 2530. (10/24/2023))