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HomeMy WebLinkAboutOrdinance 091 v ORDINANCE NO. 9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA DERO ADDING CHAPTER 14 TO TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA. The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 14 is hereby added to Title 6 of the Atasca- dero Municipal Code to read as follows: Chanter 14. Drug ParapheXnalia. Sec. 6-14.01. Findings. The Council of the City of Atascadero has been aware of and is concerned over the existence of "head shops" and other establishments engaged in the sale of paraphernalia associated with drug use. The Council finds that such establishments serve to entice young people and others to abuse substances which are known to be harmful and unsafe for human consumption. The Council further finds that this situation creates a prob- lem of such proportions within the community as to require fur- ther legislation on this subject. For the foregoing reasons, among others, regulation in this area is deemed necessary and desirable in the interest of the public health, safety, and general welfare. Sec. 6-14.02. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) "Controlled substance" means marijuana, hashish, Phencyclidine (PCP) , and any controlled substances as defined in the Controlled Substances Act. (b) "Controlled Substances Act" means the California Uniform Controlled Substances Act, commencing with Section 11000 of the Health and Safety Code of the State of Cali- fornia. (c) 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, cul- tivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, ana- lyzing, packaging, repackaging, storing, containing, conceal- -1- AG:fr/10/18/84 ORDINANCE NO. 91 Page 2 ing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act or any law of the State of Califor- nia. It includes, but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, grow- ing, or harvesting 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 sub- stances• (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled sub- stance; (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 and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lac- tose, 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; (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; ORDINANCE NO. 91 Page 3 (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled 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 intro- ducing marijuana, 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, hash- ish 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 material, such as a marijuana cigarette, that has become to small or too short to be held in the hand; (f) Miniature cocaine spoons, and cocaine vials; (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air-driven pipes; (k) Chillums; (1) Bongs; and (m) Ice pipes or chillers. In determining whether an object is drug parapher- nalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in con- trol of the object concerning its uses; (2) Prior convictions, if any, of an 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 the Controlled Sub- stances Act; ORDINANCE NO. 9__1__ Page 4 (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 the Controlled Substances Act; the innocence of an owner, or of anyone in con- trol of the object, as to a direct violation of the Controlled Substances Act shall not prevent a finding that the object is intended for use, or designed or 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; (12) Direct or circumstantial evidence of the ratio of sales of the object(s) 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. (d) Except as otherwise provided in this Chapter, or un- less the context otherwise requires, in interpreting or apply- ing the provisions of this Chapter, words which are used in this Chapter and which are defined in Chapter 1 of the Con- trolled Substances Act, shall have the meaning as ascribed to them by Chapter 1 of the Controlled Substances Act. ORDINANCE NO. 91 Page 5 Sec. 6-14.03 . 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 one who works at such business as an agent of the owner, to willfully display drug paraphernalia at such busi- ness, Sec. 6-14.04. Distribution of Drug Paraphernalia. Except as authorized by law, it shall be unlawful for any person to willfully distribute to another person; drug parapher- nalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, culti- vate, 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 this State. ; Sec 6-14.05. Exceptignns, , No provision of this Chapter shall be deemed, whether directly or indirectly, to authorize any act which is other- wise prohibited by any law of this State or to require any act which is otherwise prohibited by any law of this State. No provision of this Chapter is intended to or shall be inter- preted to, either directly or indirectly, prohibit any act or acts which are prohibited by any law of this State. Sec, 6-14,06 . Violations/Infractions. Any person who violates any provision of this Chapter is guilty of an infraction, and upon conviction, is punishable by (1) a fine not ,exceeding One Hundred Dollars ($100. 00) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200. 00) for 'a second violation of this. Article within one year; (3) a fine not exceeding Five Hundred Dollars ($500. 00) for each additional violation of this Chapter within one year. A person who violates the provisions of Sec. 6-14. 03 shall be deemed to be guilty of a separate offense foreachday, or portion thereof, during which the violation continues. A person who violates the provisions of Sec. 6-14 . 04 shall be guilty of a separate offense for each item of drug, parapher- nalia which is distributed. a' a , ORDINANCE NO. 91 Page 6 Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on November 13 , 1984 and adopted at a regular meeting of the City Council held on November 26 , 1984 AYES: Councilman Molina and Handshy; Councilwoman Norris and Mackey and Mayor Nelson. NOES: None ABSENT: None Ae, oe�r�_� ROLFE D. NELSON, Mayor ATTEST: R0BER M. J ES, CITY CLERK APPROVED AS TO FORM: R ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Manager