Sutter County Municipal Code Ch. 406 Controlled Substance Paraphernalia

As a consequence of the glamorization of paraphernalia associated with the use of controlled substances and the abhorrence with which many members of this County view such glamorization and enticement of impressionable persons, this Board finds that many citizens of this County are being unwillingly subjected to paraphernalia displays which are to these persons objectionable and unpleasant This Board further finds that such unpleasantness is particularly acute when minors are present in the area where such displays are conducted as a consequence of the concern of these unwilling viewers for the welfare of this County's children. Because of the relatively recent proliferation of such drug related paraphernalia in this County and the immediate risk that impressionable young people will be unduly influenced by aggressive, commercial marketing techniques being utilized with the subject paraphernalia, it is the opinion of this Board that there currently exists in Sutter County an eminent danger to the children of this County should drug related paraphernalia be available to minors without there simultaneously being guidance available from adults most likely to have the welfare of each individual minor in mind. Accordingly, this Board determines that regulation of the availability of drug related paraphernalia to minors unaccompanied by an appropriate adult must be immediately regulated.

No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia designed for used for smoking or injecting or consuming marijuana, hashish, PCP, or any other controlled substance, as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room unless such minor is accompanied by one of his or her parents, or by his or her legal guardian.

A person under the age of 18 years shall not be, remain in, enter or visit any room in any place used for the sale, or for displaying for sale, devices, contrivances, instruments or paraphernalia designed or used for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia designed or used for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devised to ingest or inject prescription drugs, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be sign posted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors unless accompanied by a parent or legal guardian are excluded.

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 this Chapter, and where devices, contrivances, instruments or paraphernalia designed or used for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California.

(Ord. 793, Sec. 1; Aug. 28, 1979)