32 ORDINANCE NO. 32 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, PERTAINING TO THE AD-
VERTISING, DISPLAY AND SALE TO MINORS OF PARA-
PHERNALIA COMMONLY ASSOCIATED WITH THE USE OF
NARCOTICS
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS
FOLLOWS:
SECTION 1 - ADVERTISING, DISPLAY AND SALE OF PARAPHERNALIA
TO MINORS
A. PURPOSE - The task of protecting minors from
drug abuse poses unique problems in that minors often lack the discernment
and judgment of adults. They often do not make the distinctions adults
make between the freedom to advertise or sell an item which may be used
for illegal purposes and the impropriety of using that item in an illegal
manner. The unrestricted display and sale by businesses of narcotics
paraphernalia, enumerated in the California Health and Safety Code,
Section 11364, may impress upon minors the conception that the use of
such paraphernalia with illegal drugs is endorsed by businesses and condoned
by the community. The impression of endorsement or acceptance of controlled
substance use is likely to encourage drug use by minors. Therefore, in
order to protect the health, safety, and well-being of minors in the com-
munity, it is necessary to regulate the advertising, display and sale of such
materials in community businesses.
B. DEFINITIONS - For purposes of this Ordinance:
(1 ) "Business" means any commercial
enterprise or establishment whether ongoing or transient and whether
occupying indoor or outdoor premises.
(2) "Display" means to show or to have available
for viewing.
(3) "Sell " means to transfer possession of, for
a consideration, or gratuity. -
(_4) "Advertise" means to verbally, literally
or pictorially display, publicize, or tell of an item or a quantum of
merchandise that is offered for sale.
(5) "Minor" means any person under eighteen (18)
years of age.
(6) Device, contrivance, instrument, or para-
phernalia is defined as any instrument used, designed for use, or intended
for use in ingesting, smoking, administering, or preparing marijuana, hashish,
hashish oils, or cocaine such as:
(a) Metal , wooden, acrylic, glass, stone,
plastic, or ceramic marijuana, or hashish pipes, with or without screens,
permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes designed for use or intended
for use with marijuana, hashish, hashish oil , or cocaine;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips;
(f) Separation gins designed for use or intended
for use in cleaning marijuana;
(g) Cocaine spoons and vials;
(h) Chamber pipes;
(i) Carburetor pipes;
(j) Electric pipes;
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(k) Air driven pipes;
(1) Chilams;
(m) Bongs; and
(n) Ice pipes or chillers.
Also includes literature, posters, or wearing apparel displaying a method
of using, growing, manufacturing, or consuming controlled substances as
defined in the California Health & Safety Code.
C. MINORS - No owner, manager, proprietor or other
person in charge of any room in any place of business selling,
or displaying for the purpose of sale, any device, contrivance, instrument
or paraphernalia for smoking or injecting, or consuming marijuna, hashish,
PCP, or any controlled substance, shall allow or permit any person under the
age of eighteen (18) years to be, remain in, enter or visit such room
unless such minor is accompanied by one of his or her parents, or by
his or her legal guardian.
This Section and Ordinance shall not
apply to a licensed pharmacist dispensing properly prescribed drugs,
otherwise illegal , and selling and advertising devices for the consumption
of those prescribed drugs.
D. MINORS - EXCLUDED - A person under the age of
eighteen (18) years shall not be, remain in, enter or visit any room in
any place used for the sale, advertising, or displaying for sale, devices,
contrivances, instruments or paraphernalia for smoking or injecting
marijuana, hashish, PCP, or any controlled substance, unless such person
is accompanied by one of his or her parents, or his or her legal guardian.
E. SALE AND DISPLAY ROOMS - A person shall not maintain
in any place or business to which the public is invited, the display for
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sale, or the offering to sell , of devices, contrivances, instruments
or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any
controlled substance, unless within a separate room or enclosure, and such
separate room or enclosure shall not be visible from outside that room
or enclosure to which minors not accompanied by a parent or legal guardian
are excluded.
(f) VIOLATION AND PENALTY - Violation of the Ordinance
is a misdemeanor and shall be punishable as outlined in Resolution No. 80- 14
The distribution or possession 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, and where devices, contrivances, instruments or paraphernalia
for smoking or injecting marijuana, hashish, PCP, or any controlled substance,
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 misdemeanor penalty provisions applicable for
violation of provisions of this Ordinance.
SECTION 2 - SEVERABILITY
The City Council of the City of Grand Terrace
hereby declares that should any section, paragraph, sentence or word of
this Ordinance hereby adopted be declared for any reason to be invalid, it
is the intent of the City Council that it would have passed all other
portions of this Ordinance independent of the elimination herefrom of any
such portion as may be declared invalid.
SECTION 3 - This Ordinance shall be in full force and effect
30 days after its adoption.
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SECTION 4 - The City Clerk shall cause this Ordinance to be
posted in three (3) public places designated for such purpose by the
City Council .
SECTION 5 - First read at a regular meeting of the City Council
of said City held on the 3rd day of April , 1980, and finally adopted
and ordered posted at a regular meeting of said City Council on the 17th
day of April , 1980
Mayor' of-tpe ty o r d Terrace
and of the--City Counci thereof.
ATTEST:
*tyrk f the city of Grand
Terrace and of the City Council
thereof.
(SEAL)
Approved as to form:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
City Council of said City at a regular meeting of the City Council held
on the 17th day of April 1980, and that it was so adopted by
the following vote:
AYES: Councilmen Grant, Rigley, Petta, Nix.
Mayor Tillinghast
NOES: None
ABSENT: None
;Z
A
City Clerk of the City of and
Terrace and of the City Council
thereof.
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO
HEREBY CERTIFY that the above and foregoing is a full , true and correct
copy of Ordinance No. 32 of said City Council , and that the same has not
been amended or repealed.
DATED: April 17, 1980
A
City Clerk of the City of rand
Terrace and of the City Council
thereof.
(SEAL)