Rialto Municipal Code Ch. 9 43A - Nitrous Oxide

Footnotes:

--- (4) ---

Editor's note— Ord. No. 1588, § 2, adopted March 14, 2017, set out provisions intended for use as Chapter 9.44. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 9.43A.

The following words and phrases used in this chapter shall be defined as follows:

"Device" refers to any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.

"Nitrous oxide" refers to colorless, nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is oftentimes called, "laughing gas."

"Person" refers to any individual or other entity howsoever organized or constituted.

(Ord. No. 1588, § 2, 3-14-17)

It shall be unlawful for any person in the city to 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 a quantity of nitrous oxide.

(Ord. No. 1588, § 2, 3-14-17)

Prohibitions in this chapter shall not apply to the following:

A. A pharmacist, pharmacist intern, or pharmacy as defined by Cal, Bus. & Prof. Code § 4036, Cal. Bus. and Prof. Code § 4030, and Cal. Bus. and Prof. Code § 4037, as may be amended, who dispenses the device in the course of his duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy or manufacturers classified under the North American Industry Classification System pursuant to Cal. Penal Code § 381e, as may be amended, who dispense the device in the course of their duties.

B. A health care professional who possesses and dispenses nitrous oxide in the course of medical or dental treatment.

C. Any person who is under the influence of nitrous oxide or any material containing nitrous oxide duly received pursuant to exception B or C above.

D. Any person that possesses or distributes nitrous oxide under an express exemption pursuant to Cal. Penal Code § 381b-e.

(Ord. No. 1588, § 2, 3-14-17)

Any violation of this chapter shall be a misdemeanor and, upon conviction thereof, punishable by county jail or by a fine of one thousand dollars, or both.

(Ord. No. 1588, § 2, 3-14-17)