HomeMy WebLinkAbout1843 - Adding Chapter 10.56 to the Newport Beach Municipal Code to Require Proprietors of Businesses to Exclude Minors from Any Room or Place Where Devices, Contrivances, Instruments or Paraphernalia for the Smoking or Injection of Marijuana, Hashish, PCPORDINANCE NO. 1843
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 10.56 TO THE NEWPORT BEACH
MUNICIPAL CODE TO REQUIRE PROPRIETORS OF
BUSINESSES TO EXCLUDE MINORS FROM ANY ROOM
OR PLACE WHERE DEVICES, CONTRIVANCES, IN-
STRUMENTS OR PARAPHERNALIA FOR THE SMOKING
OR INJECTION OF MARIJUANA, HASHISH, PCP, OR
ANY CONTROLLED SUBSTANCE IS DISPLAYED OR
OFFERED FOR SALE, AND PROHIBITING THE GIFT,
SALE OR DELIVERY OF SUCH DEVICES TO MINORS
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
• SECTION, 1. Chapter 10.56 is hereby added to the
Newport Beach Municipal Code to read as follows:
"CHAPTER 10.56
DRUG PARAPHERNALIA
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Sections:
•
10.56.010
10.56.020
10.56.030
10.56.040
10.56.050
10.56.060
Purpose.
Definitions.
Minors Excluded.
Sale and Display Rooms.
Nuisance.
Severability.
10.56.010 Purpose. The task of protecting minors
from drug abuse poses unique problems in that minors
often lack the discretion and judgment of adults. They
frequently do not make distinctions made by adults
between the freedom to advertise or sell an item which
may be used for illegal purposes and the impropriety of
using that item for an illegal manner. The unrestricted
• display and sale by businesses or paraphernalia such as
that defined in this Chapter may create the impression
in the minds of minors that use of such paraphernalia in
conjunction with controlled substances is endorsed by
those businesses displaying the paraphernalia and
• condoned by the community at large. The impression
of endorsement or acceptance of the use of controlled
substances is likely to encourage drug abuse by minors.
Thus, in an effort to protect the health, safety and
well -being of the community in general, and minors in
particular, it is necessary and desirable to regulate
the display and sale of such paraphernalia in businesses
within the City of Newport Beach.
10.56.020 Definitions. For the purpose of this
• Chapter, the following defintions shall apply:
(A) BUSINESS shall mean any commercial enterprise
or establishment, whether ongoing or transient, and
whether occupying space within a structure- or outside.
(B) COCAINE SPOON shall mean a spoon with a bowl
isso small that the primary use.for which it is reasonably
adapted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical
lawful uses of a spoon. A cocaine spoon may or may not
be merchandized on a chain, may or may not be labeled
• as a cocaine spoon or 'coke` spoon.
(C) MARIJUANA OR HASHISH PIPE shall mean a pipe
characterized by a bowl which is so small that the primary
use for which it is reasonably adapted or designed is the
smoking of marijuana or hashish, and not the lawful smoking
of tobacco, and which may or not be equipped with accessories
which are designed to cool or concentrate the smoke.
(D) DRUG PARAPHERNALIA shall mean a cocaine spoon,
marijuana or hashish pipe, or other device, contrivance,
• instrument or paraphernalia designed or adapted for the
purpose of smoking, injecting or consuming marijuana,
hashish, PCP, or any controlled substance, as defined in
the Health and Safety Code of the State of California,
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other than prescription drugs, and devices which aid
• in the smoking, ingestion, or injection or marijuana,
PCP, hashish, cocaine, or other controlled substances
such as roach clips and cigarette papers and rollers.
10.56.030 Minors Excluded. No owner, manager,
proprietor or other person in charge of any business
selling, or displaying for the purpose of sale, any
drug paraphernalia, shall allow or permit any person
under the age of eighteen (18) years to be.in, remain
in, enter or visit any room within such business where
• drug paraphernalia is displayed or sold, or purchase or
receive drug paraphernalia, unless such person is
accompanied by one of his or her parents, or by his or
her legal guardian. No owner, manager, proprietor or
other person in charge of any place of business selling,
• or- displaying for the purpose of sale, any drug parapher-
nalia,.where such business is located outside of a struc-
ture, shall allow or permit any person under the age of
eighteen (18) years to be in, or remain in, proximity to
such display, or purchase or receive any such drug Para-
. phernalia, unless such minor is accompanied by.one of his
or her parents, or by his or her legal guardian. This
Section shall not apply to a licensed pharmacist or
physician dispensing properly prescribed drugs, otherwise
illegal, and selling or advertising devices for the con-
sumption of those prescribed drugs.
10.56.040 Sale and Display Rooms -. No person shall
maintain in any place of business open to the general
public the display for purposes.of sale or drug parapher-
nalia unless such display is within a separate room or
. enclosure, the display not being visible from outside of
the room or enclosure, and a sign shall be posted at the
entrance of such room or enclosure, the sign clearly
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stating that drug paraphernalia are being offered
for sale in the room or enclosure and that minors,
unless accompanied by a parent or legal guardian,
are excluded from the room or enclosure.
10.56.050 Nuisance. A violation of the provi-
sions of this Chapter, in addition to other remedies
provided by law, including the penalty provisions
applicable for violation of,terms and provisions of
this Code, shall constitute 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.
10.56.060 Severability. The City Council hereby
declares that it would have passed this ordinance sen-
tence 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 part of this ordinance."
SECTION 2. This ordinance shall be published once
• in the official newspaper of the City, and_the.same shall be
effective thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the
12 day of
on the 27th day of
ing vote, to wit:
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PURLICAyION
• oATI MAY 3 0 198D
• dTT N
C THfY OF
AT E Cf .eFACq
ATTEST:
i
City Clerk
1980, and was adopted
1980, by the follow-
AYES, COUNCILMEN Heather, Hart, Hunmel,
Maurer, Strauss
NOES, COUNCILMEN Plumrier
ABSENT COUNCILMEN
a
RHB /kv
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5/7/80