Villa Park Municipal Code Art. 5-5 Prohibiting the Sale and Display of Narcotic and Other Paraphernalia

Footnotes:

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Editor's note— Ord. No. 2020-618, § 1, adopted February 25, 2020, amended article 5-5 in its entirety to read as herein set out. Former article 5-5, §§ 5-5.1—5-5.4, pertained to similar subject matter, and derived from Ord. No. 79-291.

As used in this Article:

"Electronic smoking device" shall mean an electronic device that can be used to deliver an inhaled dose of tetrahydrocannabinol (THC) and any of its derivatives, hashish, PCP, or any controlled substance. In the context of this article, "electronic smoking device" shall not include devices that contain nicotine for inhalation.

"Minor" shall mean any person under the age of eighteen (18) years.

"Smoke or smoking" shall mean the inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe, or electronic smoking device intended for the inhalation of THC or THC products, hashish, PCP, or any controlled substance.

(Ord. #2020-618, § 1)

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 for smoking or injecting, or consuming marijuana, hashish, PCP, or any 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, as well as roach clips, cigarette papers, electronic smoking devices, and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such room unless such minor person is accompanied by one (1) of his parents, or by legal guardian.

(Ord. #2020-618, § 1)

A minor shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting, or consuming marijuana, hashish, PCP, or any 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, as well as roach clips, cigarette papers, electronic smoking devices, and rollers designed for the smoking of the foregoing, unless such person is accompanied by one (1) of his parents, or his legal guardian.

(Ord. #2020-618, § 1)

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 for smoking or injecting, or consuming marijuana, hashish, PCP, or any 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, as well as roach clips, cigarette papers, electronic smoking devices, and rollers designed for the smoking of the foregoing, 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.

(Ord. #2020-618, § 1)

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 section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting, or consuming marijuana, hashish, PCP, or any 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, as well as roach clips, cigarette papers, electronic smoking devices, and rollers designed for the smoking of the foregoing, 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. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this section.

(Ord. #2020-618, § 1)