HomeMy WebLinkAboutORD 234ORDINANCE NO. 234
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, REGULATING
THE DISPLAY OF DRUG PARAPHERNALIA AND
PROHIBITING THE SALE THEREOF TO MINORS.
The City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
SECTION 1: Purpose. The task of protecting
minors from drug abuse poses unique problems in that minors
often lack the discernment and judgment of adults. They
often do not make the distinctions adults make between the
freedom to advertise or sell an item which may be used for
illegal purposes and the impropriety of using that item in
an illegal manner. The unrestricted display and sale by
businesses of drug paraphernalia, may impress upon minors
the conception that the use of such paraphernalia with
illegal drugs is endorsed by businesses and condoned by the
community. The impression of endorsement or acceptance of
controlled substance use is likely to encourage drug use by
minors. Therefore, in order to protect the health, safety
and well-being of minors in the community, it is necessary
to regulate the advertising, display and sale of such materials
in community businesses.
SECTION 2. Display and sale of drug paraphernalia.
Chapter 9.98 is hereby added to the Palm Desert Municipal
Code, to read as follows:
"CHAPTER 9.98
DISPLAY AND SALE OF DRUG PARAPHERNALIA
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9.98.010 Display of Drug Paraphernalia
9.98.020 Proprietor Not to Allow Entry
of Minors
9.98.030 Minors Not to Enter
9.98.040 Sale of Drug Paraphernalia to
Minors
9.98.050 Drug Paraphernalia Defined
9.98.060 Evidentiary Considerations
9.98.070 Exclusions
9.98.080 Violations --Penalty
9.98.090 Nuisance --Civil Abatement
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Section 9.98.010. Display of Drug Paraphernalia.
No person shall maintain or operate any place of business in
which drug paraphernalia is kept, displayed or offered in
any manner, sold, furnished, transferred or given away
unless such drug paraphernalia are completely and wholly
kept, displayed or offered within a separate room or enclosure
to which persons under the age of 18 not accompanied by a
parent or legal guardian are excluded. Each entrance to
such a room or enclosure shall be sign posted in reasonably
visible and legible words to the effect that drug paraphernalia
are kept, displayed or offered in such room or enclosure and
that minors, unless accompanied by parent or legal guardian,
are excluded.
Section 9.98.020. Proprietor Not to Allow Entry
of Minors. No owner, manager, proprietor or other person in
charge of any room or enclosure, within any place of business,
in which drug paraphernalia is kept, displayed or offered in
any manner, sold, furnished, transferred or given away,
shall permit or allow any person under the age of 18 years
to enter, be in, remain in or visit such room or enclosure
unless such minor is accompanied by one of his or her parents,
or by his or her legal guardian.
Section 9.98.030. Minors Not to Enter. No person
under the age of 18 years shall enter, be in, remain in or
visit any room or enclosure in any place of business in
which drug paraphernalia are kept, displayed or offered in
any manner, sold, furnished, transferred or given away
unless accompanied by one of his or her parents or by his or
her legal guardian.
Section 9.98.040. Sale of Drug Paraphernalia
to Minors. No person who maintains or operates any place
of business in which drug paraphernalia is kept, displayed
or offered in any manner shall sell, furnish, transfer or
give any drug paraphernalia to any person under the age of
18 years.
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Section 9.98.050. Drug Paraphernalia Defined. As
used in this Chapter, the term "drug paraphernalia" means
all equipment, products, and materials of any kind which are
used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, contain-
ing, concealing, injecting, ingesting, inhaling, or other-
wise introducing into the human body a controlled substance.
"Drug paraphernalia" includes, but is not limited to, all of
the following:
(1) Kits used, intended for use, or designed for
use in planting, propagating, cultivating, growing or harvest-
ing of any species of plant which is a controlled substance
or from which a controlled substance can be derived.
,: (2) Kits used, intended for use, or designed for
use in manufacturing, compounding, converting, producing,
processing, or preparing controlled substances.
(3) Isomerization devices used, intended for use,
or designed for use in increasing the potency of any species
of plant which is a controlled substance.
(4) Testing equipment used, intended for use, or
designed for use in identifying, or in analyzing the strength,
effectiveness or purity of controlled substances.
(5) Scales and balances used, intended for use,
or designed for use in weighing or measuring controlled
substances.
(6) Diluents or adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose, and lactose,
used, intended for use, or designed for use in cutting
controlled substances.
(7) Separation gins and sifters used, intended
for use, or designed for use in removing twigs and seeds
from, or in otherwise cleaning or refining, marijuana.
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(8) Blenders, bowls, containers, spoons, and
mixing devices used, intended for use, or designed for use
in compounding controlled substances.
(9) Capsules, balloons, envelopes, and other
containers used, intended for use, or designed for use in
packaging small quantities of controlled substances.
(10) Containers and other objects used, intended
for use, or designed for use in storing or concealing con-
trolled substances.
(11) Hypodermic syringes, needles, and other
objects used, intended for use, or designed for use in
parenterally injecting controlled substances into the human
body.
(12) Objects used, intended for use, or designed
for use in ingesting, inhaling, or otherwise introducing
marijq'ana`, cocaine, hashish, or hashish oil into the human
body, such -as:
(a) Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks.
(e) Roach clips, meaning objects used to hold
burning materials, such as a cigarette that has become too
small or too short to be held in the hand.
vials.
(f) Minature cocaine spoons, and cocaine`.
(g) Chamber pipes.
(h) Carburetor pipes.
(i) Electric pipes.
(j) Air -driven pipes.
(k) Chillums.
(1) Bongs.
(m) Ice pipes or chillers.
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Section 9.98.060. Evidentiary Considerations.
In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all
other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control
of the object concerning its use.
(2) _Prior convictions, if any, of any owner, or
of anyone in control of the object, under any state or
federal law relating to any controlled substance.
(3) The proximity of the object, in time and
space, to a direct violation of this Chapter.
(4) The proximity of the object to controlled
substances.
(5) The existence of any residue of controlled
substances on the object.
(6) Direct or circumstantial evidence of the
intent of an owner, or of anyone in control of the object,
to deliver it to persons whom he knows, or should reasonably
know, intend to use the object to facilitate a violation of
this Chapter. The innocence of an owner, or of anyone in
control of the object, as to a direct violation of this
Chapter shall not prevent a finding that the object is
intended for use, or designed for use, as drug paraphernalia.
(7) Instructions, oral or written, provided with
the object concerning its use.
(8) Descriptive materials, accompanying the
object which explain or depict its use.
(9) National and local advertising concerning its
use.
(10) The manner in which the object is displayed
for sale.
(11) whether the owner, or anyone in control of
the object, is a legitimate supplier of like or related items
to the community, such as a licensed distributor or dealer
of tobacco products.
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(12) Direct or circumstantial evidence of the
ratio of sales of the object or objects to the total sales
of the business enterprise.
(13) The existence and scope of legitimate uses
for the object in the community.
(14) Expert testimony concerning its use.
Section 9.98.070. Exclusions. This Chapter shall
not apply to any of the following:
(1) Any pharmacist or other authorized person who
sells or furnishes drug paraphernalia described in Section
9.98.050 upon the prescription of a physician, dentist,
podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist or veter-
inarian who furnishes or prescribes drug paraphernalia as
described in Section 9.98.050 to his or her patients.
J (3) Any manufacturer, wholesaler or retailer
licensed by the Board of Pharmacy to sell or transfer drug
paraphernalia described in Section 9.98.050.
Section 9.98.080. Violations --Penalty. Violation
of this Chapter is a misdemeanor and shall be punishable by
a fine of not more than $500 or by imprisonment for not more
than six months or by both such fine and imprisonment.
Section 9.98.090. Nuisance --Civil Abatement. The
distribution or possession for the purpose of sale, the
exhibition, or the display of any drug paraphernalia as
defined in Section 9.98.050 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 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
but not limited to the misdemeanor penalty provisions applicable
for violation of the terms and provisions of this Chapter."
SECTION 3. Severability. The City Council hereby
declares that it would have passed this Ordinance sentence
by sentence, paragraph by paragraph, and section by section,
and does hereby declare that the provisions of this Ordinance
are severable and, if for any reason any sentence, paragraph
or section of this Ordinance shall be held invalid, such
decision shall not affect the validity of the remaining
parts of this Ordinance.
SECTION 4. Effective Date and Publication. The
City Clerk shall certify to the passage and adoption of this
ordinance and shall cause the same to be published once in
the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert
and the same shall be in full force and effect thirty (30)
days after its adoption.
PASSED, APPROVED and ADOPTED this 13th day of
November 1980, by the following vote:
AYES: McPherson, Newbrander, Puluqi, Snyder and Wilson
NOES: None
ABSENT: None
ATTEST:
�SHEILA R. GIL IGAN, C(`
City of Palm Desert, t
y Clerk
lifornia
t aim Desert California
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