HomeMy WebLinkAboutORD 1572 (2025)Docusign Envelope ID: OC7664ED-2DA8-48A2-A93C-945164D0610E
ORDINANCE NO. 1572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING CHAPTER 11 (SALE AND DISTRIBUTION OF NITROUS OXIDE) TO ARTICLE
6 (PUBLIC WELFARE) OF THE TUSTIN CITY CODE
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. The City of Tustin ("City") is empowered pursuant to California Constitution, Article
XI, Section 7, to make and enforce within its jurisdiction all local, police, sanitary,
and other ordinances and regulations not in conflict with general laws.
B. California Health & Safety Code section 101450 empowers the City Council to take
measures necessary to preserve and protect the public health, including adopting
ordinances, regulations, and orders that are not in conflict with general laws.
• Nitrous oxide is a colorless, odorless chemical that is used in legitimate medical
and dental settings, as well as for industrial purposes such as the automotive
industry and as a propellant for food products. Nitrous oxide is sometimes referred
to colloquially as "whippit," "laughing gas" or other terms.
C. Despite state laws which make it illegal to possess or be under the influence of
nitrous oxide for purposes of recreational use, such use has increased significantly
in recent years.
D. This trend has been seen in the City of Tustin which has seen increases in nitrous
oxide related incidents and arrests since 2023. Since that time, the Tustin Police
Department has been involved in 54 cases related to nitrous oxide, resulting in 75
arrests. In 2023, the Department responded to seven (7) such incidents and made
nine (9) arrests. Those numbers increased to 25 cases and 38 arrests in 2024.
This represents an increase of 314% in the total number of nitrous oxide incidents,
and a 422% increase in arrests associated with the chemical from 2023 to 2024.
With the Department responding to 22 cases resulting in 28 arrests in the first nine
months of 2025, those annual numbers are expected to increase yet again.
E. According to the Cleveland Clinic, recreational use of nitrous oxide can cause
serious and potentially life -threatening health complications such as low blood
pressure, low oxygen, fainting, heart attack, and nerve damage. Long term users
of recreational nitrous oxide have an increased risk of depression, psychosis,
memory loss, muscle spasms, tinnitus, numbness, weakened immune system,
and birth defects if used during pregnancy.
(https://my.clevelandclinic.org/health/treatments/nitrous-oxide-laughing-gas)
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F. Regulatory gaps regarding the possession, use, and sale of nitrous oxide have
resulted in continued local availability of these products which, in turn, can lead to
persistent misuse.
G. The City desires to regulate the sale of nitrous oxide in order to preserve and
protect the public health and to provide a means for the City to take action against
retailers that would sell nitrous oxide products for purposes other than legitimate
medical, dental, or industrial use.
SECTION 2. New Chapter 11 (Sale and Distribution of Nitrous Oxide) is hereby added to
Article 6 (Public Welfare) of the Tustin City Code to read as follows:
CHAPTER 11 — SALE AND DISTRIBUTION OF NITROUS OXIDE
6940 — DEFINITIONS
The following words, terms, and phrases when used in this chapter shall have the
meanings ascribed to them in this section, except when the context clearly indicates a
different meaning:
(1) "Device" means any cartridge, compressed gas cylinder, apparatus, container,
balloon, attachment, nozzle, or other object used to contain, dispense, or
administer nitrous oxide.
(2) "Distribute" means to furnish, give away, exchange, transfer, deliver, or supply,
whether or not for monetary gain.
(3) "Nitrous Oxide" means any of the following: N20, dinitrogen monoxide, dinitrogen
oxide, nitrogen oxide, or laughing gas, and includes products containing any of
those substances, including those described as NOS, NOX, galaxy gas, and
whippits.
(4) "Person" means any individual or legal entity, however constituted or organized.
(5) "Sell" or "sale" means to furnish, exchange, transfer, deliver, or supply for monetary
gain.
(6) "Wholesale capacity" means the sale or distribution of nitrous oxide or a device to
dispense nitrous oxide to a person who will use nitrous oxide or the device in
certain services or products for resale, including but not limited to, commercial sale
of dentistry supplies to dentists or dentistry offices, commercial sale of devices for
use in food production or in a commercial kitchen, and/or commercial sale of
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nitrous oxide for the purpose of producing food products for commercial sale (e.g.,
whipped cream canisters).
6941 — PROHIBITION ON THE SALE OR DISTRIBUTION OF NITROUS OXIDE
Except as otherwise authorized by law or allowed under this chapter, it is unlawful
for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person
nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains
any quantity of nitrous oxide.
6942 — EXCEPTIONS TO PROHIBITION
This chapter does not prohibit the sale, attempted sale, distribution, or other
manner of providing nitrous oxide, or a device to dispense or administer nitrous oxide, in
the following circumstances:
(a) If the nitrous oxide is contained in a device containing a food product where the
nitrous oxide is used for purposes of serving as a propellant. Nitrous oxide itself
is not a "food product" for purposes of this exception.
(b) If the nitrous oxide or device is being sold, attempted to be sold, offered, or
distributed in a wholesale capacity, for uses similar to those described in
subsection (6) of section 6940. This exemption applies only in circumstances
when the wholesaler does not know or have reason to know that the recipient
intends to use the nitrous oxide or device in violation of section 6941.
(c) If the nitrous oxide or device that is being sold, attempted to be sold, offered,
or distributed is specifically designed for use in a vehicle to enhance the
performance of the vehicle.
(d) If the nitrous oxide or device is being sold, attempted to be sold, offered, or
distributed specifically for the purpose of providing medical or dental care, by
or at the direction and under the supervision of a medical or dental practitioner
licensed by the State of California and in accordance with all applicable rules
and regulations.
(e) If the nitrous oxide or device is being sold, attempted to be sold, offered, or
distributed by a pharmacist, pharmacist intern, or pharmacy as defined by
California Business & Professions Code sections 4030, 4036, and 4037,
respectively (as may be amended from time to time), in the course of their
duties as a pharmacist or pharmacist intern, or as a wholesaler licensed by the
Board of Pharmacy.
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(f) Any other circumstance explicitly exempted under Federal or State law or
regulation.
Notwithstanding the foregoing, any sale or distribution of nitrous oxide, any device
designed to dispense or administer nitrous oxide, or a device containing any quantity of
nitrous oxide shall comply with all requirements of California Penal Code sections 381 c
and 381 e.
6943 — VIOLATIONS AND PENALTIES
Any violation of this chapter is unlawful and shall be subject to the penalties and
enforcement mechanisms set forth in Chapter 1 of Article 1 of this code.
SECTION 3. Effective Date. This Ordinance shall take effect on the 31 st day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION 4. CEQA Exemption. The City Council finds that this Ordinance is not subject
to the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California
Code of Regulations, Chapter 3, sections 15060, subdivision (c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060, subdivision (c)(3) (the activity is not a project as defined in section 15378 and
by Public Resources Code section 21065) because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 5. Severability. If any section, Subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Tustin hereby
declares that it would have adopted this Ordinance and each section, Subsection, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
Subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this 4th day of November 2025.
re
Signed b
AUST—INIWARD,
Mayor
Ordinance No. 1572
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ATTEST:
FDS
Signed by:
fZ aStJx
ERtCADKOYASUDA,
City Clerk
APPROVED AS TO FORM:
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ocuSigned by:
,:,d�
DA 8E'RE1'DIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1572
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify: (1) that the full title of the above and foregoing Ordinance
No. 1572 was included on the City Council's published agendas for its meetings on the
21 st day of October 2025, the 4th day of November 2025; (2) that a copy of the full
ordinance was made available to the public online and in print at the meeting prior its
passage; (3) that the whole number of the members of the City Council of the City of
Tustin is five; and (4) that the ordinance was duly and regularly introduced at the regular
meeting of the City Council held on the 21 st day of October 2025 and was given its second
reading, passed and adopted at a regular meeting of the City Council held on the 4th day
of November 2025, by the following vote:
COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
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Signed by:
F Z yastJ&
ER°N6.°YA °J DA,
City Clerk
Ordinance No. 1572
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