Loading...
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 0 - 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, -2- 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 -3- 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 -4- 5/2/80 5/7/80