HomeMy WebLinkAboutORD-66-79 ADDING SECTIONS 6445 6445.5 TO OMC TO REQUIRE BUSINESSES TO EXCLUDE MINORS WHERE CONTROLLED SUBSTANCES ARE DISPLAYED OR SOLDII
CITY NEWS: Please pub~ish WEDNESDAY JA~lUARY 16, 1980 only and send p'l.QaI-'tJOI'
OF PUBLICATION to C~ty Clerk, P.O. Box 449, Orange, California 92666.i
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JE.NSE!'.L C_I)'X_9-=E.c'3.~ANORDINANCEOF
THE CITY COUNCIL OF THE CITY OF ORANGE ADDING
SECTIONS 6445 THROUGH 6445.5 TO THE ORANGE
MUNICIPAL CODE TO REQUIRE BUSINESS PROPRIETORS TO EXCJ,
ODE MINORS FROM ANY ROOM OR PLACE WHERE DEVICES,
CONTRIVANCES, INSTRUMENTS OR PARAPHERNALIA DESIGNED
PRINCIPALLY FOR THE SMOKING, INJECTING, CONSUMING,
OR INHALING OF MARIJUANA, HASHISH, PCP,
OR ANY CONTROLLED SUBSTANCE IS DISPLAYED
OR OFFERED FOR SALE.i;]i~:ORDINANCE
NO.
66-79 WHEREAS, the
State of California has established in California Penal Code
Section 308, that the sale or gift of cigarette papers to a
person who is, in fact, under eighteen (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 marij uana
and hashish, which usually have a picture of marijuana leaves thereon,
water pipes, marijuana pipes, long glass pipes commonly known
as "steam boats," roach clips, bongs, and other devices designed
principally and sold for drug use, are being sold at
stores which minors frequent; and WHEREAS, the
City Council of the City of Orange finds that the display
of such drug culture paraphernalia to minors encourages the use
of and the acceptance of drugs and marijuana among minors;and WHEREAS,
the
City Council of the City of Orange desires, in the exercise
of the police power, to prohibit proprietors who deal in
drug and other paraphernalia from displaying such paraphernalia to
minors, unless the minors are accompanied by a parent
or guardian.NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:SECTION I:
A new
Chapter 14-A, Sections 6445 through 6445.5, is hereby added
to the Orange Municipal Code to read as follows:Chapter
14-A
PARAPHERNALIA FOR USE OF MARIJUANA AND
CONTROLLED SUBSTANCES, SALE AND DISPLAY OF
J,'
m
Section
6445
6445. 1
6445.2
6445.3
6445.4
6445.5
Definitions
Minors, Restricted
Minors, Excluded
Sale and Display Rooms and Enclosures
Entrance Posted
Public Nuisance
i!
I;
i~#Section
6445
Definitions PARAPHERNALIA FOR
THE USE OF MARIJUANA AND CONTROLLED SUBSTANCES, for
the purposes of this ordinance shall mean provided that
nothin~ in thi~ ordinance shall have application to any
device, eontr~vance, ~nstrument or paraphernalia the possession of
which is unlawful pursuant to the provisions of the
Califo:nia Health and Safety Code, any device,contrivance, .~nst:
u~ent.or paraphe:nalia designed principally for the
smoklng, ~nJectlng, eonsum~ng, or inhaling of marijuana,hashish, PCP,
cocaine, or any controlled substance, as defined in
the Health and Safety Code of the State of California,such as:
1:..IJ,:
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b)
Water
pipes;
P i:-:0:
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Metal, wooden,
acrylic,
glass, stone, plastic, or ceramic pipes with screens,
permanent screens, hashish heads, or punctured metal
bowls;c) Carburetion tubes and
devices;r"::T::mt:t::;
g~}m::Jf
d) Smoking
and carburet
ion
masks;m) Roach clips - meaning objects
used to hold burning material, such as a marijuana cigarette,
that has become too small or too short
to be held in the hand,ink o_?e) Chamber pipes;f)
Carburetor
pipes;
g) Electric pipes;
h) Air-driven
pipes;i""i)
Chillums;W ,;:,l!;
FI
i:!j)
Bongs;0:
P "
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k) Ice
pipes
or
chillers;
1) Pipes where the distance
from the end of the stem to the bowl is less than
three (3) inches;i,",i:;''r,:(' r:':i1J
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n) Miniature
cocaine
spoons,
and
cocaine
vials.In
determining whether an object is paraphernalia designed
principally for the use of marijuana and
controlled substances, a court or other authority should consider,
in .addition to all other logically relevant factors, the
follow~ng:c)Statements by an owner or by anyone
in
control of the object concerning its use;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;The proximity in
time and space of the
object, charged to be in violation of this ordinance, to
any former conviction of this ordinance;d) The proximity of
the object to controlled
substances;f!f{;>'W i;~; :;I.~'~iT':'i:ii::
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e) The existence of any residue of controlled substances
on the object;
f) Instructions, oral or written, provided with the object
concerning it use;
h) National and local advertising concerning its use;
i) The manner in which the object is displayed for sale;
j) ~ether ~h~ owner, or anyone in control of the object,
s a leg~t~mate supplier of like or related items to
the community, such as a licensed distributor or dealer
of tobacco products;
gJ Descriptive materials accompanying the object which
explain or depict its use;
k) Direct or circumstantial evidence of the ratio of sales
of the objeet(s) to the total sales of the business
enterprise;
1) The existence and scope of legitimate uses for the
object in the community;
m) Expert testimony concerning its use.
PARAPHERNALIA FOR THE USE OF MARIJUANA AND CONTROLLED
SUBSTANCES shall not mean, and the requirements of this
ordinance shall have no application to the sale or display
for the purpose of sale, of cigarette papers or cigarette
rollers or prescription drugs or devices to ingest or inject
prescription drugs.
Section 6445.1 Minors, Restricted
No owner, manager, proprietor or other person in charge
of any room or enclosure in any swap meet or place of business
selling, or displaying for the purpose of sale, any paraphernalia
for the use of marijuana and controlled substances, shall
allow or permit any person under the age of eighteen (18)
years to be in, remain in, enter or visit such room or
enclosure unless such minor person is accompanied by one of
his parents, or by his legal guardian.
Section 6445.2 Minors, Excluded
A person under the age of eighteen (18) years shall not
be in, remain in, enter, or visit any room or enclosure in
any place used for the sale, or displaying for sale paraphernalia
for the use of marijuana and controlled substances, unless
such person is accompanied by one of his parents, or his
legal guardian.
Section 6445.3 Sale and Display Rooms and Enclosures
A person shall not maintain in any swap meet or place
of business to which the public is invited the display for
sale, or the offering to sell paraphernalia for the use of
marijuana and controlled substances, unless within a separate
room or enclosure not open to public view to which minors
not accompanied by a parent or legal guardian are excluded.
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The
distribution or possession of paraphernalia for the use
of marijuana and controlled substances, for the purpose of
sale, exhibition, or display in any place of business from
which minors are not excluded as set forth in this section,
is hereby declared to be a public nuisance, and may be
aha ted 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 Article of the Orange Municipal
Code.rf<
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Section
6445.4 Entrance Posted Each
entrance to such a room or enclosure shall be sign posted
in reasonably visible and legible words to the effect that
minors, unless accompanied by a parent or legal guardian,are
excluded.Section
6445.5 Public Nuisance 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:mj
1!
j t
ill
1"
Any
person violating any of the prov~s~ons of this ordinance,punishment
for which is not otherwise provided herein, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not more than $500 or by imprisonment in
the County Jail for a period of not more than six (6) months,or
by both such fine and impr isonment.SECTION
IV: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 8th day of January 1980.r~
Mayor
of the City 1::>
of
or~ge ATTEST:
C'
p,
1-(;>;., ,,,<:
C'.~ ' 7 v City Clerk"
of t lh't,..
Z...
I:V CitY of Orange
4-
W!
OF CALIFORNIA
OF ORANGE
OF ORANGE
I MARILYN J. JENSEN, City Clerk of the City of Orange, California,
BY CERTIFY that the foregoing ordinance was introduced at a
ar meeting of the city Council duly held on the 18th day of December
and thereafter at a regular meeting of said City Council duly
on the 8th day of January, 1980, was duly passed and adopted
following vote, to wit:
ss
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA, SMITH, MAYOR HOYT
NONE
PEREZ, BEAM (See City Council minutes of 1-15-
80
attached.)y,.",,,,{: ;/';?-' (""
r'
y,/
Marilyn J. Jensen
City Clerk of the City of Orange
WITNESS my hand and seal this 9th day of January, 1980.
CIT\' Ci:..,\..:";.., .\;.;::::~:S
AGD""DA MOTION
4t"WLtFH0N'''N0"",,~5-l-3"7'~~'''"'''''"'---''---"'~' ,-MO:f.cLON"
RE51Jtt"f'1Q~"..QF THE CITY COUNCIL SECOND
F THE CITY OFo"fl]:Nfr&-A}U;;~'.P"~NG AYES
RF.SOLUTIO~ :10. 501,5 RELATIN~.""T()--''''"""THE
PAT.'I:E;:HOF HEALTH INSURlU'lCEFREl1IlJ}\
SFORTOP NAI.,AGENENT AND LABOR
CONi'IDENTIALEHPLOYEES.o<_.-..
o"#~,","_"~'="^.""NTAC"..,",~"__,_,~,_,"._",,,,,>",~,g=,, ",'","~~, """~-,,-,,~,,,""",""''''''''"''''''.REQUEST POSITION
FRml ABSENT
COU:;CIL'SC; CO:;
CERNU:GTHE NARCOTICSPARAPHEfu'lALIA ORDINANCE
56-79), SI,:CE
THO COUNCILHEN ERE ABSE:;r
HHEN SECO,,'D READING liASHELDON
1/8/80.o--OR!};'~1iGE.."
NO,..5-8Q loading
Section 9107.5 (g) (2)f
th~ Orange Nunieipal Code relaN,
li:i; to minimum distance t..
2tt1ee:'1'Quildings in the Jltipl~ '''"
a;;lilyZon,=s.ENV)
ILT 9-7'9.
CIl'i OF O::C-\SGE
ORDiN.~;CE NO. 6-
80 A:::e;,ding Section 9113.l(c) cif.
the Orange )!unicipa1 Code rE!
lating to Setbacks on cornar and
reverse COtner
lots.A~:E~:n:E::T,
10-79 CITY 0":'
03";~;GE TION ~
O. 5139 J_.:.:)~; OF T:~i::: CITY COll~~
CI.l.c,' :'{ 0,' O;'~A:;GE 1'l'
HOLlll);G
I~~ ;l -,,:,::~:D;D.-\TIm~ or 'i'HE Pr..t\..;.~-f':
C: C\.:.'<:::SSION OI:' THE CITY OF D
AP1)I~OVI::G THE SUR-1.",~/,!
1,-,:. ':\.-- ~'I~OPE~
TY
SITUATED 1.. ~:J:~ >.:::.~E
Slur-: OF CHAPHAN j ~;:~ST OF
ESPLA:;!\
llE STH_I::CT.l;,',: .. ,: ';: ','D ,\C'T
lOQ14 J,. ." .f,,~*:.....i.- -',' -~., , ,,' ,. . q' .....f
o-1>"r'''<'~~#
vL~."l,^,I:Q~" ,.
L.O"J,t?>A~lI~""'.=~'-'~'-"'"HonON SECOND AYES NOTIONSECOND AYES ABSTAINED NOTION
SECO,,'
D
AYES
ABSTAINED
Hono"
SECOND
AYES
ARSTAINW
o"~""W_'"'"''
n.'''''''''''''
J.:-':
WAR'!
l.
j~
MINUTES
Pe"e""....'o....~,~"..,"'~,,,..,""",..,,'''''''
W-''''"''''''''",,,..,,,,,Barrera Barreca, Smith, Mayor
Hoyt,
Perez,Beam.Tn1!'t:'w--
Resol.;
Jtion No. 5137 as intro-
duced
bead;pt~~w~wl~~e was passed
w,~!:~,,:::?~~S~,,~,2.xS,1l",,_I1,,~~S~S[~:::l!'~
Perez
Beam Barrera, Smith, Hayor Hoyt,
Perez,Beam.Councilman
Perez
and
Mayor pro tem Beam wanted
the
records to 9J1~x~"~!L,,,\;,
Q~,~~SSn\t reaCl~ng or lJra:
lOance No. 66-79 was
9)"""'''',,,._._''''''''"'_''';e''''_'''"''''''''''''''''~.='''''''4'I'''''''''''''',"'"'"''''"''''y_.-,-r"unan~mous.
W""",,",,,"F-""""W_Beam Barrera Barrera,Perez
Snith, 't-
byor Hoyt J Bean.
That
OrdinanCE! :;
0.
5-
80 have first reading waived,
and s~e was set for
second reading by the preceding vote.Smith
Barrera Barrera, Smith, Mayor Hoyt, Baa:;
n.
Perez
That
Ordinance No. 6-80 havefirst
reading
waived, and sa~e was set
for seco:ld reading by th" precedin3
vote.H:lyor.lIoyt Barrera H:l
crern,
Pen:~~t~lYt.
Jt.
HiJ';t, H~
am.
That Resolut i.'Jn dllced be
nJop~ed 2.nu i.:
dnp~:cd by lhf~
s int ro-as pas312d vote.