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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. -2- 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 -3- 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