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HomeMy WebLinkAboutOrd 812-1980ORDINANCE NO. 812-80 AN ORDINANCE RELATING TO THE SALE OF DRUG PARAPHERNALIA TO MINORS IN THE CITY OF SOUTH SAN FRANCISCO THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION l~. 'SALES OF DRUG PARAPHERNALIA TO MINORS. No' owner, manager, proprietor, or other persQn in charge of any room in any place of business shall sell or 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 w~ll as roach clips and cigarette papers and rollers designed for the smoking of the foregoing. SECTION 2. 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 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 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. SECTION 3. PROHIBITION IN ROOMS DISPLAYING DRUG PARAPHERNALIA. A person under the age of eighteen (18) years shall not be, remain in, CENTRAL RECORDS FILE N 0.~-~.. .......................... ~ 1. ej}ter) or y~si~t any rQO~ ~n any place used fop the. sale or displaying for sale of devices, contrivances, instruments or paraphernalia for smoking or injecting mari- juana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject presecription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing. SECTION 4. 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, instru- ments 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 r~ach clips, and cigarette papaers 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 sign posted in reasonably visible and legible words to the effect that narcotic paraphernalia are being ~ffered for sale~f such a room, and minors are excluded. SECTION 5. SALE TO A MINOR IN PUBLIC PLACES IS PROHIBITED. No person shall go in, on or about the public streets of the City of South San Francisco or the public places, including parks, school sites and buildings or similar places and sell to any person under the age of eighteen years any devices, contrivances, instruments or paraphernalia for smoking, injecting or consuming marijuana, hashish, PCP, or any 'other controlled substances as defined in the Health and Safety Code of the State of California, or roach clips or cigarette papers or rollers designed for the smoking of the foregoing, SECTION 6. 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 Ordinance, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than pre- scription drugs or devices to ingest or inject prescription drugs, including roach clips CENTRAL RECORDS 2 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. SECTION l. SEVERABILITY OF PROVISIONS. 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 that any provisions of this Ordinance are severable and, if for any reasons any sentence, paragraph or section of this Ordinance shall be held invalied, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTIDN 8. VIOLATIDN OF ORDINANCE DECLARED A MISDEMEANOR. Any person who violates any provision of this Ordinance or fails to comply with any of the mandatory requirements of this Ordinance shall be guilty of a mis- demeanor and shall be punishable by a fine of not more than Five Hundred Dollars {$500.00} or by imprisonment in the County jail for a period not exceeding six {6) months, or by both such-fine and imprisonment. SECTION g? PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty {30) days from and after its adoption. a this Introduced this 16th day of January , 1980, Passed and adopted as an ordinance of the City of South San Francisco at regular meeti'ng of the City Council of the City of South San Francisco 6th day of February , 1980, by the following vote: CENTRAL REC:ORD~ FIi. E NO,,.~.-,- · - ........ "' AYES: NOES: ABSENT: Councilmen Ron~ld G. Acosta, William A. Borba. Emanuele N. Damonte. Terr~ J. Mirri; and Councilwoman Roberta Cerri Teqlia None None ATTEST: ity Clerk ~J As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this §l;h day of February , 19 80. e CENTRAL RECORDE' FILE NO.: ..~-....'~"'~ ...... ' I ] LI Ii i ][ Il