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HomeMy WebLinkAboutOrdinance No. 2075 ORDINANCE NO. 2075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY QF AZUSA AMENDING THE MUNICIPAL CODE BY ADDING SECTION 8. 52 .150 WHICH SECTION RELATES TO THE DISPLAY OR OFFER FOR SALE OF DRUG PARAPHERNALIA. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS : SECTION 1. The Azusa Municipal Code hereby is amended by adding Section 8. 52.150 to read as follows : "SECTION 8. 52. 150 SALE AND DISPLAY OF DRUG PARAPHERNALIA. A. No person shall display for sale or offer for sale, in a place of business open to the public, any of the items possession of which is prohibited by Section 11364 of the Health and Safety Code of the State of California. Such items shall be included in the phrase "drug paraphernalia" as used in Subsections, C, D, E, F, G and H hereof. B. No person shall display for sale or offer for sale, in a place of business open to the public, any drug paraphernalia. As used in this Subsection and Subsections C, D, E, F, G and H hereof, the phrase "drug paraphernalia" shall include any instrument used, designed for use, or intended for use in ingesting, smoking, administering, or pre- paring marijuana, hashish, hashish oil, or cocaine; and includes : (1) Metal, wooden, acrylic, glass , stone, plastic, or ceramic marijuana or hashish pipes , with or without screens, permanent screens , hashish heads, or punctured metal bowls; (2) Water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine; (3) Carburetion tubes and devices; (4) Smoking and carburetion masks; (5) Roach clips; (6) Separation gins designed for use or intended for use in cleaning marijuana; (7) Cocaine spoons and vials; (8) Chamber pipes; (9) Carbuertor pipes; (10) Electric pipes; (11) Air driven pipes; (12) Chilams; (13) Bongs; and (14) Ice pipes or chillers . C. The prohibitions set forth in Sub- sections A and B of this Section shall not apply when drug paraphernalia are displayed for sale or offered for sale in a room the entrance to which is posted by a conspicuous sign clearly indicating that drug paraphernalia are displayed for sale or offered for sale therein and that minors may not enter such room unless accompanied by a parent or legal guardian. D. No person in control of any place of business open to the public shall allow a minor not accompanied by a parent or legal guardian to enter or remain in a room at such place of bus- iness in which drug paraphernalia are displayed for sale or offered for sale. E. No person at any place of business open to the public shall sell drug paraphernalia to a minor who is not accompanied by a parent or legal guardian. F. No minor who is not accompanied by a parent or legal guardian shall enter or remain in a room at a place of business open to the public in which drug paraphernalia are displayed for sale or offered for sale. G. No minor who is not accompanied by a parent or legal guardian shall purchase drug paraphernalia at a place of business open to the public. H. The display for sale or possession for sale of drug paraphernalia in a place of business open to the public, except as set forth in Sub- section C of this Section, is hereby declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure of the State of California. " SECTION 2. Severability. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this Ordinance is declared invalid, the other provisions thereof shall remain valid and enforce- able. nforce- able. -2- SECTION 3 . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law. APPROVED AND ADOPTED THIS 2nd day of April , 1979 . / f e7 � L%�'k 4MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2075 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of March , 1979 . That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on aid day of April , 1979 , by the following vote of Council: AYES: Councilmen: Decker, Fry, Moses , Solem NOES: Councilmen: None ABSENT: Councilmen: Cruz % / , , 7 ( / ,71 /7-1 /'// 9 A OLPH OLIS, City Clerk Published in Azusa Herald: April 12 , 1979 -3-