Chapter 14 — DRUG PARAPHERNALIA

The Council has been aware of and is concerned about the existence of "head shops" and other establishments engaged in the sale of paraphernalia associated with drug use. Recent legal decisions, including a decision of the United States Supreme Court, have indicated that local regulations may be effectively adopted to deal with this situation. The Council finds that such establishments serve to entice young people and others to abuse substances which are known to be harmful and unsafe for human consumption. The Council further finds that this situation creates a problem of such proportion within the community as to require further legislation on this subject. For the foregoing reasons, among others, regulation in this area is deemed necessary and desirable in the interests of the public health, safety, and general welfare.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Controlled substance" shall mean marijuana, hashish, PCP, and any controlled substance defined in the Controlled Substances Act.

"Controlled Substances Act" shall mean the California Uniform Controlled Substances Act (commencing with Section 11000 of the Health and Safety Code of the State).

"Drug paraphernalia" shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act. "Drug paraphernalia" shall include, but shall not be limited to:

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

• (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

• (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

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

• (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

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City of Ojai, CA § 4-14.02

OJAI CODE

§ 4-14.02

• (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;

• (7) 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;

• (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;

• (9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

• (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

• (11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and

• (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

• (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

  • (ii) Water pipes;

  • (iii) Carburetion tubes and devices;

  • (iv) Smoking and carburetion masks;

  • (v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

  • (vi) Miniature cocaine spoons and cocaine vials;

  • (vii) Chamber pipes;

  • (viii) Carburetor pipes;

  • (ix) Electric pipes;

  • (x) Air-driven pipes;

  • (xi) Chillums;

  • (xii) Bongs; and

  • (xiii) Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court or other authority should 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) Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;

• (3) The proximity of the object, in time and space, to a direct violation of the Controlled Substances Act;

• (4) The proximity of the object to controlled substances;

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

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-14.02

§ 4-14.05

• (6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Controlled Substances Act, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

• (7) Instructions, oral or written, provided with the object concerning its use;

• (8) Descriptive materials accompanying the object which explain or depict its use;

• (9) National and local advertising concerning its use;

• (10) The manner in which the object is displayed for sale;

• (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

• (12) Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise;

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

• (14) Expert testimony concerning its use.

Except as otherwise provided in this chapter, or unless the context otherwise requires, in interpreting or applying the provisions of this chapter, words which are used in this chapter and which are defined in Chapter 1 of the Controlled Substances Act shall have the meaning ascribed to them in Chapter 1 of the Controlled Substances Act.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Except as authorized by law, it shall be unlawful:

• (a) For any person to wilfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business; and

• (b) For any person who is the owner of a business, an employee thereof, or a person who works at such business as an agent of the owner to wilfully display drug paraphernalia at such a business.

• (§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Except as authorized by law, it shall be unlawful for any person to wilfully distribute to another 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 any law of the State.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA § 4-14.05

OJAI CODE

§ 4-14.08

No provision of this chapter shall be deemed, either directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State or to require any act which is otherwise prohibited by any law of the State. No provision of this chapter is intended to, or shall be interpreted to, either directly or indirectly, prohibit any act or acts which are prohibited by any law of the State.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Any person who violates any provision of this chapter shall be guilty of an infraction and, upon conviction, shall be punishable by (a) a fine not exceeding $50 for a first violation; (b) a fine not exceeding one hundred dollars ($100.00) for a second violation within one year; and (c) a fine not exceeding $250 for each additional violation within one year. A person who violates the provisions of Section 4-14.03 of this chapter shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of Section 4-14.04 of this chapter shall be guilty of a separate offense for each item of drug paraphernalia which is distributed.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

The operation or maintenance of any business or establishment contrary to the provisions of this chapter shall be and the same is hereby declared to be a public nuisance which, in addition to or in lieu of criminal proceedings, may be abated, removed, or enjoined by appropriate legal action brought by the City Attorney.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

If any section, sentence, clause, phrase, or provision of this chapter, or the application thereof to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions or provisions of this chapter or their applicability to distinguishable situations or circumstances. In enacting this chapter, it is the desire of the Council to regulate validly to the full measure of its legal authority in the public interests, and, to that end, the Council would have adopted this chapter, and each section, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases, or portions thereof might be invalid, in whole or in part, as applied to any particular situation or circumstance, and to this end the provisions of this chapter are intended to be severable.

(§ 1, Ord. 605, eff. August 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-15.01

§ 4-15.05