HomeMy WebLinkAbout2198Ordinance No. 2198
AN ORDINANCE ADDING CHAPTER 34 TO THE BUTTE
COi~NTY CODE PROHIBITING THE DISTRIBUTION AND
DISPLAY OF DRUG PARAPHERNALIA
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The Board of Supervisors of the County of Butte, State
of California, DO ORDAIN as follows:
Section 1. That Chapter 34 is hereby added to the
Butte County Code to read as follows:
§34.1. PURPOSE. The illegal use of controlled
substances within the unincorporated area of Butte Caunty
creates serious social, medical and law enforcement problems.
The illegal use of such substances by persons under Lb years of
age has reached crisis dimensions. It is causing serious
physical and psychological damage to the youth of this community,
an impairment of educational achievement 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--a11 to the
detriment of the health, safety and welfare of the citizens of
i~utte County.
The proliferation of the display of drug
paraphernalia in retail stares within the unincorporated area,
and the distribution of such paraphernalia, intensifies and
otherwise compounds the problem of illegal use of controlled
substances within this community.
A ban only upon the display and distribu-
Lion of drug paraphernalia to persons under 1$ years of age
would not be practical. The person who displays or distributes
would have difficulty determining who could lawfully view or
28~~ receive drug paraphernalia. The already thinly staffed law
i enforcement agencies would be subjected to intolerable added
2 enforcement burdens by adding age of a person who view or
3 receives paraphernalia as an element of a prohibition upon
4 display and distribution. A significant number of high school
5 .students are 1$ years of age or older, It would be lawful to
8 distribute paraphernalia to some students attending the same
7 school in which the distribution to other students would be
8 ,prohibited. Permitted display and distribution to adults
9 within the community would symbolize a public tolerance of
10 illegal drug use, making it difficult to explain the rationale
11 of programs directed against similar abuse by youth. The
12 problem of illegal consumption of controlled substances by
13 adults within this community is significant and substantial,
14 :necessitating a cessation of the encouragement to drug abuse
15 which the display and distribution of drug paraphernalia
18 create.
1~ This chapter is a measure which is necessary
38 in order to discourage the illegal use of controlled substances
Y9 within the unincorporated area of Butte County.
20 §34.2. DEFINITIONS. As used in this chapter, the
21 .following terms shall be ascribed the following meanings:
22 (a} "Business" --- means a fixed location, whether
23 indoors or outdoors, at which merchandise is offered for sale
24 at retail.
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(b) "Display" -- means to show to a patron or place in
a manner sa as to be available for viewing or inspection by a
patron.
(c) "Patron" -- means a person who enters a business
for the purpose of purchasing or viewing as a shopper merchandise
offered for sale at the business.
{d} "Distribute" -- means to transfer ownership or a
possessory interest to another, whether for consideration or as
a gratuity. "Distribute" includes both sales and gifts.
(e} "Controlled sub stance" -- means those controlled
substances set forth in Sections 11054, 11055, 1105b, 11057
and 11058 of the California Health and Safety Code, identified
as Schedules Z through V, inclusive, as said sections now exist
or may hereafter be amended .
(f} "Drug Paraphernalia" -- means all equipment,
products, and materials of any kind which are intended by a
person charged with a violation of this chapter far use in
planting, propagating, cultivating, growing, harvesting,
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:
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(1) Kits intended for use in planting, propagating,
cultivating, growing or harvesting of any species of plant
which is a controlled substance or from which a controlled
substance can be derived;
(2) Kits intended for use in manufacturing,
compounding, converting, producing, processing or preparing
controlled substances;
(3) lsomerization devices intended for use in
increasing the potency of any species of plant which is a
controlled substance;
(4) Testing equipment intended for use in identi-
fying, or in analyzing the strength, effectiveness or purity of
controlled substances;
(5) Scales and balances intended for use in
weighing or measuring controlled substances;
(6} Dilutants and adulterants, such as quinine,
hydrochloride, mannitol, marmite, dextrose and lactose, intended
for use in cutting controlled substances;
(7) Separation gins and sifters intended for use
in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana;
(8) Blenders, bowls, containers, spoons and
mixing devices intended for use in compounding controlled
substances;
(9) Containers and other objects intended for use
in storing or concealing controlled substances; and
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(10} 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 carburetian masks;
(e} Roach clips, meaning objects used to
hold burning material., such as a marijuana cigarette that has
become toa 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.
Zn determining whether an object is "drug paraphernalia",
a court ar other authority may consider, in addition to all
other logically relevant factors, the following:
(I) Statements by an owner or by anyone in
control of the object concerning its use;
(2) The proximity of the object to controlled
substances;
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(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) Instructions, oral or written, provided with
the object concerning its use;
(6} Descriptive materials accompanying the object
which explain or depict its use;
(7) National and local advertising concerning its
use;
(8) The manner in which the object is displayed
for sale;
(9} Direct ar circumstantial evidence of the
ratio of sales of the object or objects to the total sales of
the business enterprise;
(10) The existence and scope of legitimate uses
far the object in the community; and
{11) Expert testimony concerning its use.
{g} "Person" -- means a natural person ar any firm,
partnership, association, corporation or cooperative association.
§34.3. DISPLAY OF DRUG PARAPHERNALIA.
{a) Except as authorized by law, it shall
be unlawful for any person~to wilfully maintain or operate any
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1 busines knowing, or under circumstances where one reasonably
2' should know, that drug paraphernalia is displayed at such
3 business.
4'` (b} Except as authorized by law, it shall
fi~ be unlawful for any person who is the owner of a business, an
8 employee thereof or one who works at such business as an agent
7 of the owner, to wilfully display drug paraphernalia at such a
8' business.
g §34.x. DISTRIBUTION OF DRUG PARAPHERNALIA. Except
10' as authorized by law, it sk,all be unlawful for any person to
I~1~ wilfully distribute to another person drug paraphernalia,
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12'' knowing, or under circumstances where one reasonaly should
13 ', know, that it will be used to plant, propagate, cultivatge,
I4 grow, harvest, manufacture, compound, convert, produce, process,
15~ prepare, test, analyze, pack, repack, store, contain, conceal,
16 inject, ingest, inhale, or otherwise introduce into the human
17` body a controlled substance in violation of any law of the
18 State of California.
19' Section 2. This ordinance shall ~be and it is hereby
20'` declared to be in full force and effect from and after thirty
2Z~ (30} days after the date of its passage, and before the expira-
2~2` Lion of fifteen (15) days after its passage, this ordinance
23 ', shall be published once with the names of the members of the
Board of Supervisors voting for and against it in the Chico
~ Enterprise Record, a newspaper published in the County of
28 Butte, State of California.
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~ PASSED AND ADOPTED by the Butte County Board of
2 Supervisors this 17th day of March ,.l9Bl, by the
3 following vote:
¢ AYES: Supervisors Dolan, Saracenz, Wheeler and Chairman Moseley
~ NOES : None
Q ABSENT: Supervisor Lemke
'r NOT VOTING : None
8 •r '
BERTHA MOSELEY, Chai an of t
g Butte County ~3oard of Supervisors
10 ATTEST:
11 CLAKK A. Ni~L50N, County Clerk and
ex-officio Clerk of the Board
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