San Fernando Municipal Code Art. IV Drug Paraphernalia

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Designed primarily for means a device designed primarily for such smoking or ingestion set forth in the definition of the term "drug paraphernalia" which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other controlled substance and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding that it might also be possible to use such device for some other purpose.

Drug paraphernalia means any device designed primarily for use by individuals for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other "controlled substance," as that term is defined in the state Health and Safety Code. Items or devices included shall be as follows:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured metal bowls.

(2) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a bong, or otherwise.

(3) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested.

(4) A smokable pipe which contains a heating unit, whether the device is known as an electric pipe, or otherwise.

(5) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a buzz bomb, or otherwise.

(6) A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the forcing of smoke accumulated therein into the user's lungs under pressure.

(7) A device for holding a cigarette, whether the device is known as a roach clip, or otherwise.

(8) A spoon for ingestion through the nose.

(9) A straw or tube for ingestion through the nose or mouth.

(Code 1957, § 7B.21)

Cross reference— Definitions generally, § 1-2.

(a) It shall be unlawful for any person in charge or control of any business establishment wherein drug paraphernalia is displayed for sale, offered for sale or sold to knowingly allow or permit a minor, not accompanied by one or both of such minor's parents or by such minor's legal guardian, to enter and remain within any room of such establishment where drug paraphernalia is displayed for sale, offered for sale or sold.

(b) It shall be unlawful for any person in charge or control of a business establishment wherein drug paraphernalia is displayed for sale, offered for sale or sold, to fail to display and maintain or to fail to cause to be displayed and maintained at least one sign stating that a minor may not enter unless accompanied by one or both of such minor's parents or by such minor's legal guardian. Any such sign shall be placed in a conspicuous location near each public entrance to such business establishment wherein such drug paraphernalia is displayed for sale, offered for sale, or sold or near each public entrance to any particular room therein where such drug paraphernalia is displayed for sale, offered for sale or sold.

(c) If a substantial number of the public invitees or patrons of a business establishment wherein drug paraphernalia is displayed for sale, offered for sale or sold, uses a language other than English as a primary language, any sign required pursuant to this section shall be worded in both English and the language involved.

(Code 1957, § 7B.22)

If a sign has been posted as required by section 50-162, it shall be unlawful for a minor to enter any room of a business establishment wherein drug paraphernalia is displayed for sale, offered for sale or sold, unless the minor is accompanied by one or both of such minor's parents or by such minor's legal guardian.

(Code 1957, § 7B.23)

The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded, as set forth in section 50-162, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking such, is declared to be a public nuisance and may be abated pursuant to the provisions of Civil Procedure Code § 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of this Code.

(Code 1957, § 7B.24)