HomeMy WebLinkAboutORD 818 (1980) ORDINANCE NO. 818
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA
AMENDING THE TUSTIN CITY CODE BY ADDING PART 2,
CHAPTER 4, OF ARTICLE 6 TO THE TUSTIN CITY CODE
PERTAINING TO THE ADVERTISING, DISPLAY AND SALE
TO MINORS OF PARAPHERNALIA COMMONLY ASSOCIATED
WITH THE USE OF NARCOTICS
The City Council of the City of Tustin, California, does hereby
ordain as follc~qs:
SECTION 1. PART 2 is hereby added to CHAPTER 4 of kRTICIR 6
of the Tustin City Code to read as follows:
PAR~ 2 PARAPHERNALIA
6421 Purpose
The task of protecting young persons from drug abuse _Doses unioue
problems in that young people often lack the discernment and judgment of
adults. They often do not make the distinctions adults mske bet~en the
freedGn to advertise or sell an item which may be used for illegal
purposes and the imp.ropriety of using that item in an illegal manner.
The Lbnrestricted display and sale by businesses of narcotics paraphernalia,
enumerated in the California Health and Safety Code, Section 11364,
may ir~press upon young people the conception that the use of such para-
phernalia with illegal drugs is endorsed by businesses and condoned
by the community. The impression of endorsement or acceptance of
controlled substance use is likel_~ to encourage drug use by young
people. Therefore, in order to protect the health, safety, and
~ll-being of young people in the cGnnmity, it is necessary to re_oulate
the advertising, display and sale of such materials in community businesses.
6422 Definitions
For the purposes of this chapter the following definitions
shall apply:
"Advertise" shall mean to verball_y, literally or pictoriall_v
display, publicize, or tell of an item or a quantum of merchandise.that
is offered for sale.
"Business" shall mean any ccrmmercial enterprise or establishment
~qether ongoing or transient and whether occupying indoor or cutdoor
premises.
"Device", "contrivance", "instrument", or "paraphernalia'! shall
mean bongs, waterpipes or roach clips; and/or pipes, scales, .pouches,
cigarette pa~ers, and/or pill boxes located within 50 feet of either
bongs, waterpipes, or roach clips; and/or literature, posters, or
wearing apparel displaying a n~thod of using, grc~ing, manufacturing,
or consuming controlled substances as defined in the Health and Safety
Code.
"Display" ~ shall mean to show or to have available for viewinG.
"Young Person", shall .n~an any person under eighteen (18) years
of age.
"Sell", shall mean to transfer possession of, for consideration,
or gratuity.
6423 Young Person
a) No c~ler, .manager, proprietor or other person in charae
of any room in any place of business sellina, or dis-
pla~ving for the purpose of sale, any device, contrivance,
instrument or paraphernalia for smoking or injecting_,
or consuming marijuana, hashish, PCP, or an=v controlled
substance, shall allc~7 or permit any person under the
age of eighteen (18) years to be, r~main in, enter or
visit such rocm unless such young person is accompanied
by one of his or her parents, or by his or her legal
guardian.
b) No person under ~he age of eighteen (18) years shall be,
remain in, enter or visit any rocm in any place used for
the sale, advertising, or displaying for sale, devices,
contrivances, instruments or paraphernalia for smokinq
or injecting marijuana, hashish, PCP, or any controlled
substance, unless such person is acccmpanied by one of
his or her parents, or his or her legal _.ouardian.
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c) This Section and Ordinance shall not apply to a licensed-~
pharamcist dispensing properly prescribed drugs other-
wise illegal, and selling and advertising devices for
the ccnsumption of those prescribed drugs.
6424 Sale and Display Rooms
No person or business may maintain in any place or business the
display for sale, or any offering for sale, devices, contrivances, in-
struments, or paraphernalia for smoking or injecting of marijuana, hashish,
PCP, or any controlled substance unless such place or business is located
~olly within a rccm or enclosure frcIn which persons under the age of
eighteen years of age who not acccn~anied by a parent or legal guardian
are excluded and the inside and contents of ~.~ich are not visible fr~n
the outside-
PASSED AND ADOPTED at a reoular meeting of the City Council of
d~e City of Tustin, California, held on the 7th day of January, 1980-
MAYOR
ATIEST:
" CITY CIE~<(r ~ ' ' ~
RLL: js :D: 11/27/79
Pev:ca:D:12/6/79
Rev:ca :D: 12/10/79
Pev:ca:D:12/10/79
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of members of the City Council of the City of Tustin
is five; that the above and foregoing Ordinance No. 818
was duly and regularly introduced and read at a regular meeting
of the City Council held on the 17th day of December ,
1979 and was given its second reading and duly passed and adopted
at a regular meeting held on the 7th day of Januar~ ,
1980, by the following vote:
AYES: COUNCILMEN: SCHUSTER, SALTARELLI, SHARP, KENNEDY, WELSH
NOES: COUNCIL~N: NONE
ABSENT: COUNCILMEN: NONE
PUBLISH TUSTIN NEWS:
january 17, 1980