Chapter 10.52 — DRUG PARAPHERNALIA

No person shall display for sale or offer for sale, in a place of business open to the public, any drug paraphernalia, except as provided in this chapter, the sale of which is not otherwise illegal under Federal and/or state law.

(Ord. 80-O-116 § 1, 1980)

As used in this chapter:

The term "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 marijuana, hashish, PCP, cocaine, heroin, or any controlled substance, as defined in the Health and Safety Code of the state, other than prescription drugs. Said paraphernalia includes, but is not limited to:

• (1) Kits used, 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 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;

• (6) Dilutents 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;

• (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:

  • (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, 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, such as a marijuana cigarette, 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) Electric pipes;

  • (j) Air-driven pipes;

  • (k) Chillums;

  • (l) Bongs;

  • (m) Ice pipes or chillers.

• (Ord. 80-O-116 § 1, 1980)

The sale of drug paraphernalia shall not be prohibited when drug paraphernalia are displayed for sale or offered for sale in a room the entrance to which is posted by a conspicuous sign clearly indicating that drug paraphernalia are displayed for sale or offered for sale therein and that minors may not enter such room unless accompanied by a parent or legal guardian. (Ord. 80-O-116 § 1, 1980)

No person in control of any place of business open to the public shall allow a minor not accompanied by a parent or legal guardian to enter or remain in a room at such place of business in which drug paraphernalia are displayed for sale or offered for sale. (Ord. 80-O-116 § 1, 1980)

No person at any place of business open to the public shall sell drug paraphernalia to a minor who is not accompanied by a parent or legal guardian. (Ord. 80-O-116 § 1, 1980)

No minor who is not accompanied by a parent or legal guardian shall enter or remain in a room at a place of business open to the public in which drug paraphernalia are displayed for sale or offered for sale.

(Ord. 80-O-116 § 1, 1980)

No minor who is not accompanied by a parent or legal guardian shall purchase drug paraphernalia at a place of business open to the public.

(Ord. 80-O-116 § 1, 1980)

The sale of drug paraphernalia shall be permitted within the city only upon compliance with Chapter 23.87, requiring a use permit.

(Ord. 80-O-116 § 1, 1980)

The display for sale or possession for sale of drug paraphernalia in a place of business open to the public, except as permitted in this chapter, is hereby declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure of the state of California, or pursuant to the provision of Section 620 of the Charter of the city. (Ord. 80-O-116 § 1, 1980)

CHAPTER 10.56 GRAFFITI