Article XXVII — REGULATION OF NITROUS OXIDE

SEC. 7-370. AUTHORITY AND PURPOSE.

This article is enacted to protect the public safety, health and welfare by eliminating retail access for recreational use of nitrous oxide which is a dangerous gas that is illicitly used as an intoxicant.

(Ord. No. 3065)

SEC. 7-371. DEFINITIONS.

For purposes of this article, the following definitions apply.

(A) DEVICE - Any cartridge, compressed gas cylinder, apparatus, container balloon attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide.

(B) NITROUS OXIDE - The colorless nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as “laughing gas,” “NOX,” “galaxy gas, “whippits,” amongst others.

(C) PERSON - Any individual or legal entity however constituted or organized.

(D) WHOLESALE CAPACITY - Sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products or commercial sale (e.g. whipped cream canisters).

(E) FLAVORED NITROUS OXIDE - Any nitrous oxide product that contains a taste or smell, other than the taste or smell of nitrous oxide, that is distinguishable by an ordinary consumer either prior to or during the consumption of, a nitrous oxide product, including, but not limited to, any taste or smell relating to fruit menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether expressed or implied, made or disseminated by the manufacturer of a nitrous oxide product, or by any person authorized or permitted by the manufacturer to make or disseminate public

statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of nitrous oxide will constitute presumptive evidence that the product is a flavored product.

(Ord. No. 3065)

SEC. 7-372. PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE.

Except as otherwise authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.

(Ord. No. 3065)

SEC. 7-373. PROHIBITION ON SALE OR DISTRIBUTION OF FLAVORED NITROUS OXIDE.

Except as otherwise authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person flavored nitrous oxide, a device to dispense or administer flavored nitrous oxide, or any device that contains any quantity of flavored nitrous oxide.

(Ord. No. 3065)

SEC. 7-374. EXCEPTIONS TO PROHIBITION.

This article does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following circumstances:

(A) If the nitrous oxide is contained in a food product for use as a propellant.

(B) If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in Section7- 371(D). This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of Sections 7-372 or 7-373.

(C) If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.

(D) If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

(E) If the nitrous oxide or device is being sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by Cal. Business and Professions Code, Sections 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.

(F) Or any other circumstances exempted under law.

(Ord. No. 3065)

SEC. 7-375. VIOLATIONS AND PENALTIES.

Any person who violates this article is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the city may have to address violations of this article. A violation of Sections 7-372 or 7-373 is grounds for a revocation of a business license, pursuant to Section 11-25(A) of the Oxnard City Code.

(Ord. No. 3065)