Taft Municipal Code Ch. 11 Drug Paraphernalia

As used in this chapter, the following terms shall be ascribed the following meanings:

BUSINESS: A fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

CONTROLLED SUBSTANCE: Those controlled substances set forth in sections 11054, 11055, 11056, 11057 and 11058 of the California Health And Safety Code, identified as schedules I through V, inclusive, as said sections now exist or may hereafter be amended. "Controlled substances" shall also include all substances otherwise prohibited for display, sale, distribution, consumption, or possession within the city of Taft by other sections of this code.

DISPLAY: To show to a patron, or place in a manner so as to be available for viewing or inspection by a patron.

DISTRIBUTE: To transfer ownership or a possessory interest to another, whether for consideration or as a gratuity, and includes both sales and gifts.

DRUG PARAPHERNALIA: All equipment, products, and materials of any kind which are used or are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, 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 of California, even if under some circumstances such activity is permitted under a law of the state of California, including, but not limited to, the following:

(A) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(B) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(C) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

(D) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(E) Scales and balances used or intended for use in weighing or measuring controlled substances.

(F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances.

(G) Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(H) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.

(I) Capsules, balloons, envelopes, and other containers used or intended for use in packaging small quantities of controlled substances.

(J) Containers and other objects used or intended for use in storing or concealing controlled substances.

(K) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

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

• 2. Water pipes.
• 3. Carburetion tubes and devices.
• 4. Smoking and carburetion masks.

5. Metal or decorative clips, commonly known as alligator clips, tweezers or other devices used or intended to be used to hold marijuana cigarettes.

6. Miniature spoons used or intended to be used to measure cocaine, and vials used or intended to be used to contain cocaine.

• 7. Chamber pipes.
• 8. Carburetor pipes.
• 9. Air driven pipes.
• 10. Bongs.

In determining whether an object is "drug paraphernalia" as defined herein, a court or other authority may, but need not, consider, in addition to all other logically relevant factors, the following: statements by an owner or by anyone in control of the object concerning its use; the existence of any residue of controlled substances on the object; direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows or reasonably should know intend to use the object to facilitate a violation of the laws of the state of California relating to controlled substances; instructions, oral or written, provided with the object concerning its use; descriptive materials accompanying the object which explain or depict its use; the manner in which the object is displayed for sale, including, without limitation, display in the same business with items referencing or depicting controlled substances and/or drug paraphernalia; direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; the existence and scope of legitimate uses for the object in the community; and expert testimony concerning its use.

PATRON: A person who enters a business for the purpose of purchasing or viewing as a shopper, merchandise offered for sale at the business.

PERSON: A natural person or any firm, partnership, association, corporation or cooperative association. (Ord. 811-15, 5-19-2015)

Notwithstanding any other law, it shall be unlawful for any person to wilfully maintain or operate any business where drug paraphernalia is displayed at such business, and it shall be unlawful for any person who is the owner of a business, an employee thereof, or anyone who works at such business as an agent of the owner to display drug paraphernalia at such business. Including a disclaimer in any form or in any location that drug paraphernalia is "for use for tobacco only", or any similar disclaimer, will not avoid the application of this section. (Ord. 811-15, 5-19-2015)

Notwithstanding any other law, it shall be unlawful for any person to distribute to another person drug paraphernalia, whether 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 of California. (Ord. 811-15, 5-19-2015)

No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the state of California, or require any act which is otherwise prohibited by any law of the state of California. 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 of California. (Ord. 811-15, 5-19-2015)

(A) Misdemeanor Violation: Failure to comply with any of the requirements of this chapter is a misdemeanor punishable by imprisonment in the city or county jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the city attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense shall be an infraction.

(B) Infraction Violation: Where the city attorney determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her, unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this chapter for a crime made punishable as an infraction may be charged with a misdemeanor upon the third violation.

(C) Modification: The fine amounts set forth above may be modified, from time to time, by city council resolution. In no event shall such fine amounts exceed the amounts authorized by state law.

(D) Separate Violations: Any person violating section 8-11-2 of this chapter shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. Any person violating section 8-11-3 of this chapter shall be guilty of a separate offense for each item of drug paraphernalia which is distributed. (Ord. 811-15, 5-19-2015)

(A) It is a public nuisance for any person to violate section 8-11-2 or 8-11-3 of this chapter within the city of Taft.

(B) In addition to all remedies and penalties described above, violations of this chapter may be cited and are prosecutable under title I, chapters 1 through 3, inclusive, of this code.

(C) Because the display, sale, and/or use of drug paraphernalia is a public nuisance and can lead to injury and death, any violation of this chapter presents an immediate threat and grave and imminent danger not only to the person displaying, possessing, selling, or buying said drug paraphernalia, but also to the public at large. If the code compliance officer, city manager, chief of police, police officer, or other designated official, based on the facts then known, determines that a violation of this chapter presents an immediate threat, imminent danger or hazard or is imminently injurious to the public health or safety, then that violation is punishable by the emergency abatement procedures set forth in section 3-4-11 of this code. (Ord. 811-15, 5-19-2015)

Notwithstanding any provision contained in this code to the contrary, violation of the provisions of this chapter shall constitute grounds for immediate revocation of any business license issued pursuant to the provisions of this code to a business upon the premises of which the violation has occurred. (Ord. 811-15, 5-19-2015)

The city council hereby declares that it would have passed this chapter if any part hereof is held invalid and that the provisions of this chapter are severable, and if for any reason any word, sentence, paragraph or part hereof is held invalid, such decisions shall not affect the validity of the remaining parts of this chapter. (Ord. 811-15, 5-19-2015)