Yuba County Municipal Code Ch. 6.23 Exclusion of Minors from Places Where Drug Paraphernalia Is Displayed Or…

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, injecting, or consuming marijuana, hashish, PCP, or any controlled substance as defined by the Health and Safety Code including roach clips, designed for the smoking of the foregoing, 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.

(Prior Code, § 6.23.010; Ord. No. 723)

State Law reference— Similar provisions, Health and Safety Code § 11364.5(b).

A person under the age of 18 years shall not be in, 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, injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined by the Health and Safety Code, including roach clips designed for smoking the foregoing, unless such minor is accompanied by one of his or her parents, or by his or her legal guardian.

(Prior Code, § 6.23.020; Ord. No. 723)

State Law reference— Similar provisions, Health and Safety Code § 11364.5(c).

No person shall maintain in any place or business to which the public is invited, any display for sale, or the offering to sell, or devices, contrivances, instruments, or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code, including roach clips designed and used for smoking the foregoing unless such display is within a separate room or enclosure from which minors not accompanied by a parent or legal guardian are excluded. At each entrance to such room or enclosure shall be a sign posted in reasonably visible and legible words stating that paraphernalia for the use of narcotic or controlled substances is being offered for sale in such room or enclosure, and minors unless accompanied by a parent or legal guardian are excluded.

(Prior Code, § 6.23.030; Ord. No. 723)

State Law reference— Similar provisions, Health and Safety Code § 11364.5(q).

No person shall sell, give, deliver or offer to sell, give or deliver any device, contrivance, instrument, or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code, including roach clips designed and used for smoking the foregoing to any person under the age of 18 years.

(Prior Code, § 6.23.040; Ord. No. 723)

State Law reference— Sale of drug paraphernalia, Health and Safety Code § 11364.7.

This Chapter shall not relate to the sale, offer to sell or display for sale of devices to ingest or inject prescription drugs.

(Prior Code, § 6.23.050; Ord. No. 723)

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 $1,000.00 or by both such fine and imprisonment.

(Prior Code, § 6.23.060; Ord. No. 723)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

In addition to any other remedy provided by law, the sale, or the exhibition or display for the purpose of sale, of devices, contrivances, instruments, or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance as defined by the Health and Safety Code, including roach clips designed and used for smoking the foregoing in any place of business from which minors are not excluded as set forth in this Chapter, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Code of Civil Procedure § 731.

(Prior Code, § 6.23.070; Ord. No. 723)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.