HomeMy WebLinkAboutORD FOR ADOPTION 01-07-80ORDINANCES FOR ADOPTION
No. 1
1-7-80
· AGENDA ITEM:
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
BACKGROUND:
Ordinance No. 818 had first reading by title only and introduction
at the December 17, 1979 City Council meeting.
RECO~k~ENDATION:
M. O. that Ordinance No. 818 have seconded reading by title only.
M. O. that Ordinance No. 818 be passed and adopted.
(Roll Call Vote)
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ORDIN3kNCE NO. 818
AN OPOINkNCE OF THE CITY OF TUSTIN, C~JLIFORNIA
AMENDING THE TUSTIN CITY CODE BY ADDING PARP 2,
CPUtPTER 4, OF AKTICI~. 6 TO THE TUSTIN CITY CODE
PE~AINING TO THE ADVERTISING, DISPLAY AND SALE
TO MINORS OF PARAPHE551AT.TA CC6~iNLY ASSOCIATED
tYITH THE USE OF NAROOTICS
The City Council of the City of Tustin, California, does hereby
orison as follows:
SECTICN 1. PART 2 is hereby added to CHAPTER 4 of k~IC~2 6
of the Tustin City Code to read as follows:
PARD 2 PARAPHERNALIA
6421 Purpos~ e
The task of protecting young persons frGn drug abuse poses unique
problems in that young people often lack the discernment and judgment of
adults. They often do not make the distinctions adults make bet~2en the
freedGn 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 narcotics paraphernalia,
en~nerated in the California Health and Safety Code, Section 11364,
may impress upon young people the conception that the use of such para-
phernalia with illegal drugs is endorsed by businesses and condoned
by the c~,t,unity. The impression of endorsement or acceptance of
controlled substance use is like~ to encoura?e drug use by young
people. Therefore, in order to protect the health, safety, and
well-being of young people in the cG~,~,~nity, it is necessary to regulate
the advertising, display and sale of such materials in cu~,t~unity businesses.
6422 Definitions
For the purposes of this chapter the following definitionS
shall apply:
"Advertise" shall mean to verbally, literally or pictorially
display, publicize, or tell of an item or a quantum of r~rchandise that
is offered for sale.
"Business" shall mean any cc~nercial enterprise or establishment
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whether ongoing or transient and whether occupying indoor or outdoor
premises.
"Device", "contrivance", "instrument'' , or "paraphernalia" shall
mean bongs, waterpipes or roach clips; and/or pipes, scales, .pouches,
cigarette papers, and/or pill boxes located within 50 feet of either
bongs, waterpipes, or roach clips; and/or literature, posters, or
wearing apparel displaying a method of using, growing, manufacturing,
or consuming controlled substances as defined in the Health and Safety
Code.
"Display", shall mean to show or to have available for viewina.
"Young Person", shall mean any person under eighteen (18) years
of age.
"Sell", shall mean to transfer possession of, for consideration,
or gratuity.
6423 Young Person
a) No owner, manager, proprietor or other person in charae
of any roc~ in any place of business sellino, or dis-
playing for the purpose of sale, any device, contrivance,
instr~nent or paraphernalia for smoking or injecting_,
or consuming marijuana, hashish, PCP, or any controlled
substance, shall allow or permit any person under the
age of eighteen (18) years to be, remain in, enter or
visit such room unless such young person is acc~L~anied
by one of his or her parents, or by his or her legal
b) No person under t~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 ~r~king
or injecting marijuana, hashish, PCP, or any controlled
substance, unless such person is acoa'L~£~nied 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
pharmacist dispensing properly prescribed drugs other-
wise illegal, and selling and advertising devices for
the cons~pbion of those prescribed drugs.
6424 Sale and Display
No person or business may m~intain 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 marij,~sna, hashish,
PCP, or any controlled substance unless such place or business is located
~olly within a rocm or enclosure frcm which persons under the age of
eighteen years of age who not accuL~anied by a parent or legal guardian
are excluded and the inside and contents of v~aich are not visible frGn
the outside.
P~SSED AND ADOPTED at a regular meeting_, of the City Council of
the City of Tustin, California, held on the d.~y of
· 1979.
MAYOR
RIJ.:js:D:ll/27/79
Rav:ca:D:12/6/79
~v:ca:D:12/10/79
Pev:ca:D:12/10/79
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