Stanislaus County Municipal Code Ch. 10.20 Drug Paraphernalia

As used in this chapter, the following words, phrases and terms shall have the following meanings:

A. "Advertise" means to verbally, literally or pictorially display, publicize or tell of an item or a quantum of merchandise that is offered for sale.

B. "Business" means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale.

C. "Controlled substance" means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 10058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended, renumbered or added to in any way.

D. "Display" means to show or have available for viewing.

E. "Drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state. "Drug paraphernalia" includes, but is not limited to, all of the following:

1. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

2. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

3. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

4. Diluents and adulterants, such as quinine hydrochloride, mannitol, maenad, dextrose and lactose used, intended for use or designed for use in cutting controlled substances;

5. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds form, or in otherwise cleaning or refining marijuana;

6. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

7. Capsules, balloons, envelopes, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

8. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;

9. Objects used, intended for use or designed for use in injecting, 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 to hold burning materials, 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. Air-driven pipes,

j. Bongs.

In determining whether an object is "drug paraphernalia," a court or other authority may consider to the extent authorized by law, in addition to all other logically relevant factors, the following:

F. "Enclosure" means floor space, the physical access to which is restricted and the interior of which is not subject to view by a patrol from the outside.

G. "Minor" means any person under eighteen years of age.

H. "Person" means a natural person or any firm, partnership, association, corporation or cooperative association.

I. "Sell" means any form of transfer of possession or delivery, whether with or without consideration.

(Prior code §4-80; Ord. NS 958 §1, 1980)

A. No person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia are completely and wholly kept, displayed or offered within a separate room or enclosure from which persons under the age of eighteen who are not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be a sign posted in reasonably visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded.

B. No owner, manager, proprietor, or other person in charge of any room or enclosure, within any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away shall permit or allow any person under the age of eighteen years to enter, be in, remain in, or visit such room or enclosure unless such minor is accompanied by one of his or her parents or his or her legal guardian.

C. No person under the age of eighteen years shall enter, be in, remain in, or visit any room or enclosure in any place of business which has been sign posted in the manner prescribed by subsection A of this section, unless accompanied by one of his or her parents or by his or her legal guardian.

(Prior code §4-81; Ord. NS 958 §1, 1980)

The provisions of subsection A of Section 10.20.020 shall not apply to any person unless that person maintains or operates a place of business in which drug paraphernalia is kept, displayed, or offered in any manner with intent to deliver, sell, furnish, transfer or give away, knowing or under circumstances where he should reasonably 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 system a controlled substance in violation of any law of the state. The provisions of subsection B of Section 10.20.020 shall not apply to any owner, manager, proprietor, or other person in charge of any room or enclosure within any place of business in which drug paraphernalia is kept, unless the drug paraphernalia is required by the provisions of subsection A of Section 10.20.020 to be kept, displayed or offered within such separate room or enclosure.

(Prior code §4-82; Ord. NS 958 §1, 1980)

No person shall deliver, sell, furnish, transfer or give away to a minor any drug paraphernalia, knowing or under circumstances where he 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.

(Prior code §4-83; Ord. NS 958 §1, 1980)

No person shall advertise in any newspaper, handbill or other publication produced within the county, knowing or under circumstances where he reasonably should know that the purpose of the advertisement, in whole or in part is to promote the sale of objects designed for use or intended for use as drug paraphernalia.

(Prior code §4-84; Ord. NS 958 §1, 1980)

A. This chapter shall not apply to any of the following:

1. Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist or veterinarian;

2. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia to his or her patient;

3. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia.

B. No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any use, possession or other act which is otherwise prohibited by any law of the state, or require any act which is prohibited by any law of the state. Nor shall any provision of this chapter be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the state.

(Prior code §4-85; Ord. NS 958 §1, 1980)

A. Infraction. Violation of any provision of this chapter is an infraction and shall be punishable as set forth in Section 1.36.020.

A person who violates subsection A of Section 10.20.020 shall be guilty of a separate offense for each day, or portion thereof, during which the violation continues.

B. Public Nuisance. A violation of any provision of this chapter is declared to be a public nuisance subject to abatement pursuant to Section 731 of the Code of Civil Procedure, or pursuant to any other applicable provision of state law or local ordinance.

C. Business License. A violation of any provision of this chapter shall be sufficient ground for the treasurer-tax collector to revoke, suspend or to refuse to renew the business license of the person or entity violating this chapter. A criminal conviction or adverse judgment in a nuisance action shall not be required in order to establish a violation of this chapter for purposes of revocation, suspension or refusal to renew a business license pursuant to this subsection.

Any person or entity aggrieved by the actions of the treasurer-tax collector in revoking, suspending or refusing to renew a business license pursuant to this subsection shall have the right to appeal to the board of supervisors by filing with the clerk of the board of supervisors a written notice of appeal within ten days of receipt of written notice of the board of supervisors' action. Upon receipt of the notice of appeal the clerk of the board of supervisors shall transmit the notice to the board of supervisors.

(Prior code §4-86; Ord. NS 958 §1, 1980; Ord. CS 705 §20, 1999)