HomeMy WebLinkAboutMC-158
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ORDINANCE NO.
MC-158
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.07
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SALE AND DISPLAY
3 OF NARCOTIC AND OTHER DRUG PARAPHERNALIA, PROHIBITING SALE OR
DISPLAY TO MINORS, AND PROVIDING PENALTIES FOR VIOLATIONS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6
SECTION 1. Chapter 8.07 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 8.07
9 SALE AND DISPLAY OF NARCOTIC AND
JO OTHER DRUG PARAPHERNALIA
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8.07.010 Minors.
J2
No owner, manager, clerk, agent, or proprietor in charge of
J3 any room in any place of business selling, or displaying for the
J4 purpose of sale, any device, contrivance, instrument or
]5 paraphernalia for smoking or injecting or consuming marijuana,
J6 hashish, PCP, or any controlled substance, as defined in the
J7 Health and Safety Code of the State of California, other than
J8 prescription drugs and devices to ingest or inject prescription
]9 drugs, as well as roach clips, and cigarette papers and rollers
20 designed for the smoking of the foregoing, shall allow or permit
21 any person under the age of eighteen years to be, remain in, enter
22 or visit such room unless such minor person is accompanied by one
23 of his or her parents, or by his or her legal guardian. All such
24 devices, contrivances, instruments or paraphernalia are "drug
25 paraphernalia" for purposes of this Chapter.
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8.07.020 Minors - Excluded.
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A person under the age of eighteen years shall not be, remain
28 in, enter or visit any room in any place used for the sale, or
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1 displaying for sale, of devices, contrivances, instruments or
2 paraphernalia for smoking or injecting marijuana, hashish, PCP, or
3 any controlled substance, other than prescription drugs and
4 devices to ingest or inject prescription drugs, including roach
5 clips, and cigarette papers and rollers designed and used for
6 smoking the foregoing, unless such person is acconlpanied by one of
7 his or her parents, or his or her legal guardian.
8 8.07.030 Sale and display rooms.
9 A person shall not maintain in any place or business to which
10 the public is invited the display for sale, or the offer to sell,
11 of devices, contrivances, instruments or paraphernalia for smoking
12 or injecting marijuana, hashish, PCP, or any controlled substance,
13 (other than prescription drugs and devices to ingest or inject
14 prescription drugs) including roach clips, and cigarette papers
15 and rollers designed and used for smoking the foregoing, unless
16 within a separate room or enclosure to which minors not
17 accompanied by a parent or legal guardian are excluded. Each
18 entrance to such a room shall be sign posted in reasonably visible
19 and legible words to the effect that drug paraphernalia are being
20 offered for sale in such a room, and minors unless accompanied by
21 a parent or legal guardian are excluded.
22 8.07.040 Nuisance.
23 The distribution or possession for the purpose of sale,
24 exhibition, or display in any place of business from which minors
25 are not excluded as set forth in this section, and where devices,
26 contrivances, instruments or paraphernalia for smoking or
27 injecting marijuana, hashish, PCP, or any controlled substance,
28 other than prescription drugs, including roach clips, and
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cigarette papers and rollers designed and used for smoking the
foregoing, is hereby declared to be a public nuisance, and may be
abated pursuant to the provisions of Section 731 of the Code of
Civil Procedure of the State of California. This remedy is in
addition to any other remedy provided by law, including the
penalty provisions applicable for violation of the terms and
provisions of this Code.
8.07.050 Evidence.
In determining whether an object is paraphernalia regulated
by this Chapter, a court or other authority may consider, in
addition to all other logically relevant factors, the following:
A. Statements by an owner or by anyone in control of the
object concerning its use.
B. 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.
C. 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 or she knows, or should reasonably know, intend to
use the object to facilitate a violation of this Chapter, or of
~he controlled substances laws of the State of California. The
innocence of an owner, or of anyone in control of the object, as
to a direct violation of this Chapter shall not prevent a finding
that the object is intended for use, or designed for use, as drug
paraphernalia.
D. Instructions, oral or written, provided with the object
concerning its use.
E. Descriptive materials, accompanying the object which
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I for sale any such drug paraphernalia, permits a minor to enter or
2 remain in a room at any place of business in which drug
3 paraphernalia is displayed for sale or offered for sale, unless
4 such minor is accompanied by one of his or her parents or by his
5 or her legal guardian, shall be guilty of a misdemeanor and upon
6 conviction thereof shall be punished by a fine not exceeding five
7 hundred dollars or by imprisonment not exceeding ninety days, or
8 by both such fine and imprisonment."
9 I HEREBY CERTIFY that the foregoing ordinance was duly
JO adopted by the r1ayor and Common Council of the City of San
II
Bernardino at a
regular
meeting thereof, held on
]2
19th day of
, 1982, by the following vote,
April
the
13 to wit:
14
Council Members
Castaneda, Reilly, Hernandez,
AYES:
]5
Botts, Quiel, Strickler
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None
NAYS:
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Council Member Hobbs
ABSENT:
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~A"#AlPAA6
/ City Clerk
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20
day
The foregoing ordinance is hereby
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, 1982.
of
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n Bernardino
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Approved as to form:
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City A orney
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_ MC-158
1 explain or depict its use.
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F. National and local advertising concerning its use.
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G. The manner in which the object is displayed for sale.
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H. Whether the owner, or anyone in control of the object, is
5 a legitimate supplier of like or related items to the community,
6 such as a licensed distributor or dealer of tobacco products.
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1. The existence and scope of legitimate uses for the object
8 in the community.
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J. Expert testimony concerning its use.
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8.07.060 Exemptions.
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This Chapter shall not apply to any of the following:
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A. Any pharmacist or other authorized person who sells or
13 furnishes drug paraphernalia described in Section 8.07.010 of this
14 Chapter upon the prescription of a physician, dentist, podiatrist
15 or veterinarian.
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B. Any physician, dentist, podiatrist or veterinarian who
17 furnishes or prescribes drug paraphernalia described in Section
18 8.07.010 of this Chapter to his or her patients.
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C. Any manufacturer, wholesaler or retailer licensed by the
20 California State Board of Pharmacy to sell or transfer drug
21 paraphernalia described in Section 8.07.010 of this Chapter.
22
8.07.070 Unlawful sale.
23 No person at any place of business open to the public shall
24 sell drug paraphernalia to a minor.
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8.07.080 Violation - Penalty.
26
Any person who sells any drug paraphernalia to a minor, or
27 ho, being the owner, manager, clerk, agent or proprietor in
28 charge of any room in and place of business selling or displaying
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