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4080ORDINANCE NO. 4080 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 7.10 TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE ADVERTISING, DISPLAY AND SALE TO MINORS OF PARAPHERNALIA COMMONLY ASSOCIATED WITH THE USE OF NARCOTICS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 7 of the Anaheim Municipal Code be amended by adding thereto Chapter 7.10 to read as follows: -7.10 ADVERTISING, DISPLAY, AND SALE OF PARAPHERNALIA TO MINORS 7.10.010 PURPOSE The task of protecting minors from drug abuse poses unique problems in that minors often lack the discernment and judgment of adults. They often do not make the distinctions adults make between the freedom to advertise or sell an item which may be used for illegal purposes and the impropriety of using that item in an illegal manner. The unrestricted display and sale by businesses of narcotics paraphernalia, enumerated in the California Health and Safety Code, Section 11364, may impress upon minors the conception that the use of such paraphernalia with illegal drugs is endorsed by businesses and condoned by the community. The impression of endorsement or acceptance of controlled substance use is likely to encourage drug use by minors. Therefore, in order to protect the health, safety, and well-being of minors in the community, it is necessary to regulate the advertising, display, and sale of such materials in community businesses. 7.10.020 DEFINITIONS - For purposes of this ordinance: (a) 'Business' means any commercial enterprise or establishment whether ongoing or transient and whether occupying indoor or outdoor premises. (b) 'Display' means to show or to have available for viewing. -1- (c) 'Sell' means to transfer possession of, for consideration, or gratuity. (d) 'Advertise' means to verbally, literally or pictorially display, publicize, or tell of an item or a quantum of merchandise that is offered for sale. (f) 'Minor' means any person under eighteen (18) years of age. (g) Device, contrivance, instrument, or paraphernalia is defined as bongs, waterpipes or roach clips; or pipes, scales, pouches, cigarette papers, or pill boxes located within 50' of either bongs, waterpipes, or roach clips; or literature, posters, or wearing apparel displaying a method of using, growing, manufacturing, or consuming con- trolled substances as defined in the Health & Safety Code. 7.10.030 MINORS 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, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such room unless such minor is accompanied by one of his or her parents, or by his or her legal guardian. This section and ordinance shall not apply to a licensed pharmacist dispensing properly prescribed drugs, otherwise illegal, and selling and advertising devices for the consumption of those prescribed drugs. 7.10.040 MINORS - EXCLUDED A person under the age of eighteen (18 ) years shall not be, remain in, enter or visit any room in any place used for the sale, advertising, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any control- led substance, unless such person is accompanied by one of his or her parents, or his or her legal guardian. 7.10.050 SALE AND DISPLAY ROOMS -- A person shall not maintain in any place or business to which the public is invited, the display for sale, or the offering to sell, of devices, contrivances, -2- instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, unless within a separate room or enclosure, and such separate room or enclo- sure shall not be visible from outside that room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. 7.10.060 VIOLATION AND PENALTY Violation of this Chapter is a misdemeanor and shall be punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment. The distribution or possession for the purpose of sale, exhibition, or display in any place of busi- ness 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, 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. This remedy is in addition to any other remedy provided by law, including the misdemeanor penalty provisions applicable for violation of provisions of this Chapter." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, -3- a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day of November, 1979. ATTEST: r- - e � &- 2 IQ" A CITY'CLERK OF THF -CITY OF ANAHEIM ROF:jh -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, LINDA.D..ROBERTS; City.Clerk.6f�.the'City-..of'Anahe3m,-do hereby..cettify that the.foregoing Ordinance.No.'4080-was introduced'at a.regular.meeti.ng of the City. Council of'the.City of'Anaheim,-held on'the13th day.of'November; 19799 and that the'same was duly passed and adopied'at a regular meeting of. said City Council held on'the'20th day of'November; 1979, by.the'following vote of the members thereof: AYES: COUNCILMEMBERS: Overholt,.Kaywood, Bay and Seymour NOES:' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth.'. AND I FURTHER. CERTIFY . that . the'. Mayor �.of the' City -..of Anaheim signed said Ordinance No. '. 4080- on: the'. 20th day of November; •1979. IN WITNESS -WHEREOF, I have.heteunto.set'.my-hand and affixed'..the'.official seal of the' City of - Anaheim this 20th. day of . November; ..1979. CITY. ERK.OF.THE CXTY OF ANAHEIM.' (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4080 and was published once in the Anaheim Bulletin on the 4th day of December, 1979.