Sunnyvale Municipal Code Ch. 9.29 Nitrous Oxide

The city council of the city of Sunnyvale does hereby find that nitrous oxide is detrimental to the health, safety and welfare of the public, and that the city council finds that it must safeguard the community from the dangers associated with the recreational misuse of nitrous oxide. While state law prohibits the sale of nitrous oxide for recreational use, it remains readily available in smoke shops, which routinely and knowingly sell the product without the safeguards required by law, thereby undermining the effectiveness of state regulation and promulgating recreational misuse. Widespread commercial availability of nitrous oxide in retail establishments in the city have contributed to related harms including litter, and impacts on health, safety, and the environment.

(Ord. 3254-26, 6/2/2026)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Device"

means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense, or administer nitrous oxide.

"Nitrous oxide"

means the colorless nonflammable gas (N2O), sometimes used in aerosols and sometimes used as an aesthetic, 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 called "laughing gas," "NOX," "galaxy gas," or "whippets," among other names.

"Person"

means any individual or entity howsoever organized or constituted.

"Wholesale"

means 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 dental offices, commercial sales of devices in food production or a commercial kitchen, or the commercial sale of nitrous oxide for the purpose of producing food products for commercial sale, such as whipped cream canisters.

(Ord. 3254-26, 6/2/2026)

(a) Except as otherwise explicitly authorized by law or allowed under this chapter, it shall be unlawful for any person 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 any quantity of nitrous oxide.

(b) It shall be unlawful for any property owner, landlord, lessor, or person in control of real property to knowingly permit the sale, offer for sale, or offer for distribution nitrous oxide in violation of this chapter on any premises owned, leased, or controlled by that person. Any such property owner, landlord, lessor, or person in control of real property shall be jointly and severally liable with the business operator for violations of this chapter occurring on the premises.

(c) Any violation of this chapter is declared to be a public nuisance.

(Ord. 3254-26, 6/2/2026)

This chapter shall not apply to the following:

(a) A pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, who dispenses a device or nitrous oxide in the course of duties as a pharmacist or pharmacy intern, or wholesalers licensed by the Board of Pharmacy and in accordance with all applicable rules and regulations.

(b) A health care professional licensed in California who possesses and dispenses nitrous oxide in the course of medical or dental treatment.

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

(d) Any person under the influence of nitrous oxide or in possession of any material containing nitrous oxide duly received pursuant to exceptions stated in this section.

(e) Any person who sells, attempts to sell, offers, or distributes nitrous oxide in a wholesale capacity. This exemption only applies if the wholesaler does not know or does not have reason to know that the recipient intends to use the nitrous oxide in violation of this chapter.

(f) Any other circumstances exempted under the law.

(Ord. 3254-26, 6/2/2026)

The city manager may designate enforcement authority for this chapter, including, but not limited to, peace officers and code enforcement officials.

(Ord. 3254-26, 6/2/2026)

(a) Each instance in violation of this chapter shall constitute a separate violation.

(b) Any person violating any provision of this chapter shall be guilty of an infraction punishable as set forth in chapter 1.04 of this code. Subsequent violations within a 12-month period may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.

(c) Violations of this chapter may be subject to a civil action brought by the city, punishable by a fine of not less than $250 and not exceeding $1,000 per violation.

(d) The remedies provided in this chapter are cumulative and not exclusive, and shall be in addition to any and all other remedies available to the city.

(Ord. 3254-26, 6/2/2026)