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O 218 C.S. - " ~Utf , ORDINANCE NO. 218 C.S. I AN ORDINANCE TO ADD CHAPTER 14 TO TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE SALE OF DRUG PARAPHERNALIA TO MINORS. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION I: That Chapter I~ Is hereby added to Title 5 'of the Arroyo , Grande Municipal Code to read as follows: Chapter 1 ~ SALE OF DRUG PARAPHERNALIA TO MINORS 5-1~.01 Minors. Sale of drug paraphernalia. r No owner, manaSer, proprietor, or other person In charge of any room In any place of business shall sellar permit to be sold to any person under the age of eighteen (18) years any device, contrivance, Instrument or paraphernalia for smoking or Injecting or consuming marijuana, hashish, PCP, or any controlled substance as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to Ingest or Inject prescrIption drugs, as well as roach clips-and cigarette papers and ~ollers designed for the smokIng of the foregoing. 5-1~.02 Minors. Rooms displaying drug paraphernalia. 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 orlnJectlng or consuming mariJuana, hashish, PCP, or any controlled substance as defined In the Health and Safety Code of the State of California, other than prescrIption drugs and devices to Ingest or Inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen (18) years to be, remain In, enter, or visit such room. 5-14.03 Minors. A person un er t e age 0 or visit any room In any place used for the sale or dIsplaying for sale of devices, contrivances, Instruments or paraphernalia for smoking or Injecting mariJuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or Inject prescription drugs, Including roach clips, and cigarette papers and rollers designed and used for smokIng the foregoing. 5-14.0~ Minors. Sale and display rooms. A person shall not maintain In any place of business to which the public Is Invited the display for sale, or the offerIng to sell of devices, contrivances, Instruments or paraphernalia for smokIng or Injecting mariJuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to Ingest or Inject prescription drugs, Including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless wIthin a separate room or enclosure from which minors are excluded. Each entrance to such a room shall be a sign posted In reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale In such a room, and minors are excluded~ l 5-14.05 Violation of ordinance a public nuisance. 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, other than prescription drugs, Including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, 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. 5-1~.06 Violation of Ordinance declared a misdemeanor. i Any person who violates any provision of this Chapter shall be guilty of a mis- demeanor and shall be punishable by a fine of not more than five-hundred ($500.00) or by Imprisonment In county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. , SECTION 2: Severability of provisions. The City Council hereby de- , clares that It would have passed this Ordinance sentence by sentence, para- , ; graph by paragraph, and section by section, and does hereby declare that any i provisions of this Ordinance are severable and, if for any reason any sentence, i paragraph or section of this Ordinance sha11 be held Inval.ld, such decision shall 1 j not affect the validity of the remaining parts of this Ordinance. i , 1 I -, , u_ ______._n.'._.___..,.,_..'._.___ __.n __ __ "n' .__.~__.___.....,_________...~_".._____..___~___.._.._ _._n_.___ _..'_ ,_.. .._..__...~___. ___J ----- --- ~_."'-- aw . , , SECTION 3: This Ordinance shall take effect and be In full force and effect thirty (30) days after Its passage and before the expiration of fifteen (15) days after passage of this ordinance, It shall be published once with the names of the members of the Council voting for and against the ordinance In the Five Cities Times Press Recorder, a newspaper of general . circulation published in the City of Arroyo Grande, State of California. On motion of Council Member Millis, seconded by Council Member Smith and on the following roll call vote, to wit: AYES: Council Members Smith, Hogan, Vandeveer, Millis and Mayor Pope NOES: None I ABSENT: None the foregoing Ordinance was passed and adopted this t ~ ATTEST: e.~-&/UJ Deputy lerk I, Cindy Christian, Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the i foregoing Ordinance No. 218 C.S. is a true, full and correct copy of said I Ordinance passed and adopted dt a regular meeting of said Council held on the 24th day of June, 1980. I further certify that said Ordinance was duly published In accordance with the law and order of said City Council in the Five Cities Tlmes-Press- Recorder, a newspaper printed and published in said City, in the entire edition of July 2, 1980. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this day of July, 1980. (SEAL) .