Yuba City Municipal Code Ch. 16 Controlled Substance Paraphernalia

As a consequence of the glamorization of paraphernalia associated with the use of controlled substances and the abhorrence with which many residents of this City view such glamorization and enticement of impressionable persons, this City Council finds that many residents of this City are being unwillingly subjected to paraphernalia displays which are to these persons objectionable and unpleasant. The City Council 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 City's children. Because of the relatively recent proliferation of such drug related paraphernalia in this City 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 City Council that there currently exists within the City an eminent danger to the children of this City should drug related paraphernalia be available to minors without there simultaneously being available guidance from adults most likely to have the welfare of each individual minor in mind. Accordingly, this City Council 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 or 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 person 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 devices 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. Such separate room or enclosure shall at all times remain unlocked and unbarred and at all times shall be kept in such condition as to be accessible for inspection by all police officers and shall be readily accessible by all police officers from the main entrance of such premises.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by imprisonment in the County Jail for a maximum of six months or by a maximum fine of $500 or by both such fine and imprisonment.

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 Civil Procedure Code § 731.

The penalties herein provided for a violation of this chapter as set forth in Section 5-16.05 and Section 5-16.06 are hereby declared to be mutually exclusive and either penalty may be invoked without the other, in lieu of the other or following the other or in advance of the other.

(§ 1, Ord. 835, eff. February 20, 1980.)