HomeMy WebLinkAboutORD-37-80 GOVERN THE SALE OF DEVICES FOR USES OF CONTROLLED SUBSTANCESoiWlGE CITY NEWS:Please publish WEDNESDAY, June 4, 1980 only and send PROOF and
OF PUBLICATION to City Clerk, P. O. Box 449, oiange, California
MARILYN J. JENSEN , CITY CLERK
ORDINANCE NO. 37-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING SECTIONS 5.96.
010 THROUGH 5.96.090 TO THE ORANGE
MUNICIPAL CODE TO GOVERN THE SALE OF DEVICES
FOR USE OF CONTROLLED
SUBSTANCES.WHEREAS, the State of California has established
in Cali~ornia Penal Code Section 308, that the sale or
gift of c~ga7ettp papers or tobacco to a person who is, in
fact,under e~ghteen (18) years of age is a misdemeanor;
and WHEREAS, the City Council of the City of Orange
finds that drug culture paraphernalia, such as pipes
designed for smoking marijuana and hashish, water pipes,
marijuana pipes, long glass pipes commonly known as "steam
Boats,"bongs, and other devices designed principally and
sold for drug use, are being sold at stores which
minors frequen t;
and WHEREAS, the City Council of the City of Ormge
finds that marijuana and hashish pipes, pipes whose bowl is
so small that the primary use for which it is reasonably
adapted or designed is the smoking of marijuana and hashish;
and WHEREAS, the City Counci 1 of the City of Orange
finds that marijuana and hashish pipes are ~ot commonly used
for smoking tobacco;
and WHEREAS, the City Council of the City of Orange
finds that short pipes, pipes where the distance from the end
of the stem to the bowl is less than three inches, are
commonly used to smoke marijuana and hashish;
and WHEREAS, the City Council of the City of Orange
finds that short pipes are not commonly used for smoking
tobacco;
and WHEREAS, the City Counci 1 of the City of Orange
finds that cocaine spoons, spoons with bowls that have a
circum-ference which is the size of the circumference of a
nostral or smaller, are commonly used for the inhaling of cocaine;
and WHEREAS, the City Council of the City of Orange
finds that cocaine spoons are not commonly used for lawful
purposes;
and WHEREAS, the City Council of the Ci~y of Orange
desires to remove the temptation to purchase dev~ces for the use
of controlled substances from those who are too young
and immature to resist using said devices for their
intended use;
and WHEREAS, the City Council of the City of orange
supports action against drug use and abuse;
and WHEREAS, the City Council of the C~ty of Orange.
desires to insure that those who have been co~v~cted of sel~~
ng controlled substances or of contribut~n9 t? the de~~
nquency of minors are not allowed to conduct a bus~~ess wh~ch ~
ay provide those so convicted with an opportunlty to
cont1nue their illegal activities;
WHEREA~, th7 City Council of the City of Orange finds
that there ~s ev~d~nce that devices for the use of controlled
substances are des~gned or marketed for us 'th ' ,e W~ mar~ Juana
or controlled substances and it is in the best interest of
the health, safety and ~el~are of the citizens of the City
of ?range to regulate w~th~n the City the sale of items
des~gned or marketed for use with marijuana or controlled
substances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
A new Chapter 5.96, Sections 5.96.010 through 5.96.090
is hereby added to the Orange Municipal Code to read as
follows:
Chapter 5.96
SALE OF DEVICE FOR USE OF CONTROLLED SUBSTANCES
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Section
5.96.010
5.96.020
5.96.030
5.96.040
5.96.050
5.96.060
5.96.070
5.96.080
5.96.090
5.96.010
Definitions
Permit
Permit Application
Police Investigation of Applicant
Regulations When Customer is a Minor
Permittee Age
Employee-
Age-
Permit
Violation-
Infraction Fee Definitions For the purpose of this chapter the
words in this section shall have the meanings
assigned to them:A. "Device for the use of
controlled substances", for the purposes of this chapter,
shall mean, (provided that nothing in this ordinance
shall have application to any device, contrivance r
instrument or paraphernalia the possession of which is unlawful
pursuant to the provisions of the California Health
and Safety Code) ,any of the following
devices, contrivances, instruments or paraphernalia which are commonly used
for the smoking,consuming, or inhaling of
marijuana, hashish, PCP,cocaine, or any controlled substance, as
defined in the Health and Safety Code of the
State of California:1. Marijuana
or hashish pipe
2. cocaine spoon B. "Device for the use
of controlled substances"shall not mean, and the requirements
of this chapter shall have no application to the sale
or display for the purpose of sale, or cigarette
papers or cigarette rollers or prescription drugs or devices
to ingest or
inject prescription drugs.c. "cocaine spoon," means a spoon with
a bowl that has a circumfrence of less than one inch or
an area of less than one fourth of a square inch.
A cocaine spoon mayor may not be merchandised on a
chain and mayor may not be labeled as a "cocaine"
spoon
D. "11arijuana Or hashish pipe" means any of the
following: '
1. A pipe characterized by a bowl which is so
sm~ll that a ?nited States of America Dime coin,
h~ch has a d~ameter of 0.705 inches will not fit
nto the bowl. '
2. A pipe where the distance from the end of the
stem to the bowl is less than three inches.
3. A pipe which is equipped with a screen.
4. A pipe with a metal bowl.
5. A pipe which is made, in any part, of glass.
E. "Pipe" means a device which is designed to be used
for the smoking (i.e. inhaling) of tobacco or other
substances by a human.
Permit Required
It shall be unlawful for any person as principal,
cle:-k, agent or employee to sell or offer for sale any
dev~ce for the use of controlled substances within the City
without first obtaining a proper permit, therefore, as
provided for in this chapter.
5.96.020
5.96.030 Permit Application
Application for a permit shall be made to the business
services coordinator who shall refer all such applications
to the Chief of police for an investigation.
5.96.040 Police Investigation of Applicant
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The Chief of Police shall cause each applicant to be
fingerprinted and photographed, a record of which shall be
kept in the office of the Chief of police. The applicant
shall pay the amount set by the'state for processing the
fingerprints. The Chief of police shall cause an investiga-
tion of each applicant to be made to determine if such
applicant has committed any act that if done by a permittee
would be grounds for revocation or suspension of a permit,
or if such applicant has been convicted of a felony or any
crime that has a substantial relationship to the permitted
business.
5.96.050 Regulations When customer is a Minor
No permittee shall sell any device for the use of
controlled substance to any person who is under eighteen
years of age unless said minor is accompanied by his parent,
guardian or other person in lawful custody of the person who
is under eighteen years of age.
5.96.060 permittee Age
A permittee shall be at least eighteen years of age.
5.96.070 EmplOyee-
Age-permit It shall be unlawful to employ a person
under eighteen years of age to sell devices for the use
of controlled substances. It shall be unlawful to employ a person
to sell devices for the use of controlled substances who
does not have a permit pursuant to
5.96.080 Violation - Infraction Any
person violating any of the provisions of this ordinance
shall be guilty of an infraction and, upon convic-tion
thereof, shall be subject to (1) a fine of not more than
fifty dollars ($50) for the first violation' (2) a fine of
not less than fifty dollars ($50) nor more th~n one hundred
dollars ($100) for a second violation of this ordinance
within one year; (3) a fine of not less than one hundred
and fifty dollars ($150) nor more than two hundred fifty
dollars ($250) for each additional violation of this ordinance
within one year.5.
96.090 Pee The
permit fee shall be five dollars per applicant.SECTION
II:The
City Council hereby declares that it would have passed
this ordinance sentence by sentence, paragraph by paragraph,
and section by section, and does hereby declare that
the provisions of this ordinance are severable and, if for
any reason any sentence, paragraph, or section of this ordinance
shall be held invalid, such decision shall not affect
the validity of the remaining parts of this ordinance.SECTION
III:This
ordinance shall be published once within fifteen 15)
days after its passage in the Orange City News, a newspaper
of general circulation, published and circulated in
the City of orange, and shall take effect thirty (30)days
from and after the date of its final passage.ADOPTED
this 27th day of May 1980.Orange
ATTEST:
Cit~
f~t.f! c&r~~ange STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss CITY
OF ORANGE )I
MARILYN J JENSEN City Cletk of the City of Orange, California,di
ce was introduced at a regular DO
HEREBY CERTIFY that the foregoing or nan meeting
of the City council held on the 20th d~~n~
it~~i l~~~
d ~~
d
the
thereafter
at a regular meeting of said C~tYdC ted by th~ following 27
th day of May, 1980, was duly passed an a op vote
to wit:AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA,
SMITH, MAYOR BEAM, PEREZ, BEYER.NONE.
NONE.
WITNESS
my hand and seal this 28th day of May, 1980.p~
Marilyn
J. Jensen City
Clerk of the City of Orange