HomeMy WebLinkAboutOrd 1982-2007 ORDINANCE NO. 2007
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 5.37 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING THERETO A NEW SECTION 5.37. 020, AND AMENDING
TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 9.17, ALL RELATING TO THE
REGULATION AND PROHIBITION OF THE DISTRIBUTION OF
DRUG PARAPHERNALIA IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Chapter 5.37 of the Chula Vista
Municipal Code be, and the same is hereby amended by adding
thereto a new Section 5.37.020 to read as follows:
Sec. 5.37.020 Amortization of Prohibited
Business Use - Drug Paraphernalia
Restricted to Adults Only.
That all provisions set forth hereinabove in said
Section 5.37.010 be, and the same are hereby repealed
and shall have no further force and effct one year from
and after the date of adoption of the provisions of new
Chapter 9.17 of this Code.
It is hereby the finding of the City Council of the
City of Chula Vista that any businesses displaying or
selling drug paraphernalia as more precisely defined in
said Chapter 9.17 be, and the same are hereby declared
to be subject to said prohibition and shall no longer be
allowed as licensed businesses within the City of Chula
Vista one year from the effective date of this
ordinance.
SECTION II: That Title 9 of the Chula Vista Municipal
Code be, and the same is hereby amended by adding thereto a new
Chapter 9.17 to read as follows:
CHAPTER 9.17 DRUG PARAPHERNALIA - PROHIBITED.
Sec. 9.17.010 Purpose and Intent.
The City Council of the City of Chula Vista has
become aware of and concerned over the general
proliferation of "head shops" and other establishments
engaged in the sale of paraphernalia associated with
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drug use. Therefore, the City Council did heretofore
adopt Ordinance No. 1892 in 1980 prohibiting the sale or
display of such items to minors. However, the City
Council now finds that the illegal use of such sub-
stances by all persons, especially those under 18 years
of age, has reached critical proportion requiring
further legislation on the subject. It is causing
serious physical and psychological damage to the youth
of this community, an impairment of education achieve-
ment and of the efficiency of the educational system,
increases in non-drug related crime, and a threat to the
ability of the community to ensure future generations of
responsible and productive adults - all to the detriment
of the health, safety and welfare of the citizens of
Chula Vista.
The distribution of such paraphernalia intensifies
and otherwise compounds the problem of illegal use of
controlled substances within this community.
It has further been determined that the existing ban
as prescribed in the Chula Vista Municipal Code that has
been in effect since 1980 against the display and dis-
tribution of drug paraphernalia to persons under 18
years of age has not been practical. The person who
displays or distributes would not have to be concerned
with the question of minority and who could lawfully
view or receive drug paraphernalia. The already thinly
staffed law enforcement agencies would be subject to
intolerable added enforcement burdens by adding age of a
person who views or receives drug paraphernalia as an
element of a prohibition upon display and distribution.
A significant number of high school students are 18
years of age or older. It would be unlawful to distri-
bute paraphernalia to some students attending the same
school in which the distribution to other students would
be prohibited. Permitted display and distribution to
adults within the community would symbolize a public
toleranc~ of illegal drug use, making it difficult to
explain the rationale of progrins directed against
similar abuse by youth. The problem of illegal consump-
tion of controlled substances by adults within this
community is significant and substantial, necessitating
a cessation of the encourgagement to drug abuse which
the display and distribution of drug paraphernalia
create.
Therefore, it is the purpose and intent of the
Council to introduce this measure banning the display
and distribution of drug paraphernalia in order to
discourage the illegal use of controlled substances
within the City of Chula Vista.
Sec. 9.17.020 Definitions.
As used in this chapter, the following terms shall be
ascribed the following meanings:
(a) Business. "Business" means a fixed location
whether indoors or outdoors, at which merchandise is
offered for sale at retail.
(b) Display. "Display" means to show to a patron or
have in a manner so as to be available for viewing.
(c) Distribute. "Distribute" means to transfer
ownership or a possessory interest to another, whether
for consideration or as a gratuity. "Distribute"
includes both sales and gifts.
(d) Controlled substance. "Controlled substance"
means those controlled substances set forth in Sections
11054, 11055, 11056, 11057 and 11059 of the California
Health and Safety Code, identified as Schedules I
through V, inclusive, as said sections now exist or may
hereafter be amended, renumbered or added to in any way.
(e) Drug paraphernalia. "Drug paraphernalia" means
all equipment, products and materials of any kind which
are intended by a person charged with a violation of
this chapter for use in manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packaging, repacking, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance
in violation of any law of the State of California.
"Drug paraphernalia" includes, but is not limited to,
all of the following:
(1) Kits intended for use in manufacturing, com-
pounding, converting, producing, processing or
preparing controlled substances;
(2) Isomerization devices intended for use in
increasing the potency of any species of plant
which is a controlled substance;
(3) Testing equipment intended for use in identi-
fying, or in analyzing the strength, effective-
ness or purity of controlled substances;
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(4) Dilutents and adulterants, such as quinine
hydrocholoride, mannitol, mannite, dextrose and
lactose intended for use in cutting controlled
substances;
(5) Separation gins and sifters intended for use
in removing twigs and seeds from, or in
otherwise cleaning or refining marijuana;
(6) Blenders, bowls, containers, spoons and mixing
devices intended for use in compounding
controlled substances;
(7) Capsules, balloons, envelopes, and other
containers intended for use in packaging small
quantities of controlled substances;
(8) Containers and other objects intended for use
in storing or concealing controlled substances;
and
(9) Objects intended for use in injecting, inhaling,
or otherwise introducing marijuana, cocaine,
hashish, or hashish oil into the human body,
such as:
A. Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or
punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. 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;
F. Miniature cocaine spoons, and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Air-driven pipes;
J. Bongs.
In determining whether an object is "drug
paraphernalia", a court or other authority may consider
in addition to all other logically relevant factors, the
following:
(1) Statement by an owner or by anyone in control of
the object concerning its use;
(2) The proximity of the object to controlled
substances;
(3) The existence of any residue of controlled
substances on the object;
(4) Direct or circumstantial evidence of the intent
of an owner, or of anyone in control of the
object, to deliver to persons whom he knows
intend to use the object to facilitate a
violation of the laws of the State of California
relating to controlled substances.
(5) Descriptive materials or instructions, written
or oral, accompanying the object which explain
or depict its use;
(6) National and local advertising concernings its
use;
(7) The manner in which the object is displayed for
sale, including its proximity to other objects
falling within the definition of drug parapher-
nalia.
(8) Dire~t or circumstanial evidence of the ratio of
sales of the object or objects to the total
sales of the business enterprise;
(9) The existence and scope of legitimate uses for
the object in the community; and
(10) Expert testimony concerning its use.
(f) Person. "Person" means a natural person or any
firm, partnership, association, corporation, or coopera-
tive association.
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Sec. 9.17.030 Display of Drug Paraphernalia.
It shall be unlawful for any person to maintain or
operate any business knowing or under circumstances
where he should reasonably know what drug paraphernalia
is displayed at such business.
It shall be unlawful for any person who is the owner
of a business, an employee thereof or who works at such
business as an agent of the owner, to willfully display
drug paraphernalia at such business.
Sec. 9.17.040 Distribution of Drug Paraphernalia.
It shall be unlawful for any person to distribute to
another person drug paraphernalia, knowing or under
circumstances where he should reasonably know that it
will be used to manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance in
violation of any law of the State of California.
Sec. 9.17.050 Exceptions.
This chapter shall not apply to any of the following:
(1) Any pharmacist or other authorized person who
sells or furnishes drug paraphernalia upon the
prescription of a physician, dentist, podiatrist
or veterinarian.
(2) Any physician, dentist, podiatrist, or
veterinarian who furnishes or prescribes drug
paraphernalia to his or her patient.
(3) Any manufacturer, wholesaler or retailer
licensed by the California State Board of
Pharmacy to sell or transfer drug paraphernalia.
No provisions of this chapter shall be deemed,
whether directly or indirectly, to authorize any act
which is otherwise prohibited by any law of the State of
California or require any act which is prohibited by any
law of the State of California. Nor shall any provision
of this chapter be deemed, whether directly or
indirectly, to prohibit any act or acts which are
prohibited by any law of the State of California.
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This chapter shall not apply to any currently
existing business legally displaying and distributing
paraphernalia in accordance with the provisions of
Section 5.37.010 of the Chula Vista Municipal Code for a
period of one year from the effective date of this
ordinance. Thereafter, said business shall also be
deemed to be unlawful in accordance with the amortiza-
tion provisions as established by this chapter and
Section 5.37.020.
Sec. 9.17.060 Violations.
Any person who violates any provision of this chapter
is guilty of a misdemeanor, instead of the infraction
penalty attached to the violation of any other provision
of this Municipal Code, and upon conviction of said
violation is punishable by a fine not exceeding five
hundred dollars ($500) or by imprisonment in the county
jail of San Diego County for a period of not more than
six months, or by both such fine and imprisonment. A
person who violates the provisions of Sections 9.17.030
and 9.17.040 shall be deemed to be guilty of a separate
offense for each day or portion thereof, during which
the violation continues.
A violation of any provision of this chapter is
declared to be a public nuisance subject to abatement
pursuant to Section 731 of the Code of Civil Procedure.
Sec. 9.17.070 Severability.
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 tht 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. (See Bamboo Brothers v.
Carpenter 133 C.A.3d 116).
SECTION III: This ordinance shall take effect and be in
full force on the thirty-first day from and after its adoption.
Presented and Approved as to form by
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA~ HELD October 5 19 82 AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD October 12
19 82 ~ BY THE FOLLOWING VOTE, TO-WIT:
AYES: Councilmen: Scott, Cox, Malcolm, Moore, McCandliss
NAYES: Councilmen: None
ABSTAIN: Councilmen'. None
ABSENT: Councilmen: None
M//~y~e City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO, 2007 ,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
ORDINANCE NO. 2007
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 5.37 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING THERETO A NEW SECTION 5.37.020 AND AMENDING
TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 9.17 ALL RELATING TO THE
REGULATION AND PROHIBITION OF THE DISTRIBUTION OF
DRUG PARAPHERNALIA IN THE CITY OF CHULA VISTA
By a unanimous vote on October 12, 1982, the CityCouncil placed the ordinance
on second reading and adoption.
The ordinance constitutes a total ban on the display or distribution of drug
paraphernalia in the City of Chula Vista; defining "drug paraphernalia";
noting the exceptions and violations. Any person violating any provision
of this ordinance is guilty of a misdemeanor and upon conviction, will be
punishable by a fine not exceeding $500 or by imprisonment for a period
not exceeding six months, or by both fine and imprisonment.
Copies of the ordinance are available at the office of the City Clerk,
City Hall, 276 Fourth Avenue, Chula Vista.
Dated: 10/15/82 ~ ,/~uu~
/ 1a V~sta, C'A~/ty ~ll~rk, CMC A