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HomeMy WebLinkAboutOrd 14-82 Drug Paraphernalia ORDINANCE NO. 14 AN ORDINANCE PROHIBITING THE DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA The City Council of the City of Dublin .does~ ordain as follows: Section 1. DEFINITI'ONS As used in this chapter, the following terms shall be ascribed the following meanings: (a) "Business" -- means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail. (b) "Display".-- means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron. (c) "Patron" -- means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business. (d) "Distribute" -- means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts. (e) "Controlled subs[ance" --means 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. Section 2. 'DEFINITION:'' DRUG PARAPHERNALIA As used herein, '"drug paraphernalia" means any of the following when displayed, grouped, advertised or promoted for sale: (a) Any item whether useful for non-drug related purposes or not, which is displayed, grouped with other items~ advertised, or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code.of the State of California. (b) Any item, whether useful for non-drug related purposes or not, which is designed, decorated or adorned in a manner to reasonably suggest its use- fulness in the growing, harvesting, processing, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California. (c) Any item defined.by any statute of the State of California as drug paraphernalia. Section 3. DISPLAY OF DRUG.PARAPHERNALIA (a) Except as authorized by law, it shall be unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business. (b) Except. as authorized'by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or who works at such business as an agent of the owner, to willfully display drug paraphernalia at such business. section 4. DISTRIBUTION OF DRUG PARAPHERNALIA Except as authorized by law, it shall be unlawful for any person to willfully distribute to another person drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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. · ® Section 5. EXCEPTIONS No provision of this Ordinance 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 Ordinance be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State of California. Section 6. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be givin effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 7. REVOCATION' OF' BUSINESS LICENSE Violation of the provisions of this Ordinance shall constitute-grounds for revocation of any business license issued by the City of Dublin to a business upon the premises of which the violation has occurred. Revocation of a business license shall be pursuant to procedures adopted by the City of Dublin. Section 8. FINDING~ HAZARDOUS' TO'HEALTH, SAFETY AND WELFARE The illegal use of controlled substances within the City of Dublin creates serious'social, medical and law enforce- ment problems, and constitutes a nuisance hazardous to the health, and welfare of the citizens of the City of Dublin. Section 9. INTENT The display of drug paraphernalia in retail stores Within the'city, and the distribution of such paraphernalia intensifies and otherwise compounds the problem of illegal use of controlled substances within this community. A ban only upon the display and distribution of drug paraphernalia to persons under 18 years of age would not be practical. A person who displays or distributes would have difficulty determining who could lawfully view or receive drug paraphernalia. Law enforcement agencies would be subjected to added enforcement burdens by adding age of a person who views or receives parapherna- lia as an element of a prohibition upon diSplay and distribution. A significant number of high school students are 18 years of age or older. It would be lawful to distribute paraphernalia to some students attending the same 'school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances within this community is significant and substantial, necessitating a cessation of the encouragement to drug abuse which the display and distribution of drug paraphernalia create. This Ordinance is a measure which is necessary in order to discourage the illegal use of controlled substances within the community. Section 1.0. MISDEMEANOR Violation of this Ordinance shall be a misdemeanor punishable by either a $500.00 fine or six (6) months in the county jail, or both. PASSED AND ADOPTED by the City Council of the City of Dublin on this 24th day of June by the following Vote: , 1982, AYES: NOES: COUNCILMEMBERS Burt0n, Hegarty, Jeffery, Moffatt ~ and Mayor Snyder None ABSENT: None Mayor Attest: Clerk/ ·