HomeMy WebLinkAbout4122 Ordinance No. 4122
2 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
3 ENACTING CHAPTER 34B OF THE BUTTE COUNTY CODE ENTITLED
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"RESTRICTIONS ON BUTANE RESALE."
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The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Findings and purpose.
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(a) The northern region of the State of California has experienced a recent increase in explosions
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caused from the manufacturing of honey oil (also known as hash oil) in clandestine labs
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10 using extremely volatile butane as a solvent to strip the oils from marijuana. These incidents
11 have caused considerable property damage, personal injury and even incidents of death to
12 those participating in the manufacturing process, as well as innocent bystanders.
13 (b) The use of butane breaks down and dissolves the Tetrahydrocannabinol (THC) from
14 marijuana plants, creating a concentrated form of marijuana. This process creates inherent
15 dangers as the butane quickly evaporates during the process leaving behind an extremely
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volatile vapor that will ignite given an ignition source. Butane is also odorless, colorless and
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its vapors are heavier than air and will therefore pool in low lying areas seeking out ignition
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sources. Studies suggest 99.5% of the butane used to extract the THC will volatilize into the
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immediate area and remain in a form that is odorless and latent to the human eye and can
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21 only be detected through a combustible gas instrument;
22 (c) The honey oil labs using butane as the solvent to extract the THC from marijuana present
23 serious hazards to both property and persons, including first responders and innocent
24 bystanders, and that such conditions present grave risk of loss where any form of ignition
25 sources are capable of igniting the gas resulting in an explosion and/or flash fire. Some
26 examples of these ignition sources are wall switches, thermostatic switches,
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1 refrigerator/freezer motors, wall outlets, cigarettes, torches, electric pumps, and even static
2 electricity;
3 (d) Butte County (the "County") ranks second in the state of California for the number of butane
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labs seized by law enforcement. Since 2014, the Butte Interagency Narcotics Task Force
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investigated and shut down 116 butane labs. There have been 9 butane lab explosions in the
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County since 2014.
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(e) The resale of butane occurs at levels that are only relevant to the manufacturing of honey
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9 oils. Such sales and possession of butane should be regulated to prevent the use of butane in
10 the manufacture of honey oil where such activity presents grave dangers and adverse health
11 risks to the occupants of the unincorporated areas of the County and the first responders
12 therein.
13 Section 2. Authority. This ordinance is adopted pursuant to the authority granted by the
14 California Constitution and State law, including but not limited to Article XI, Section 7 of the
15 California Constitution and California Government Code section 25132.
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Section 3. Chapter 34B of the Butte County Code is hereby enacted to read in its entirety:
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34B-1 Definitions. For the purpose of this chapter, the following definitions shall apply:
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(a) "Butane" means iso-butane, n-butane, and refined butane of any power.
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(b) "Canister" means a single container designed or used for the storage of butane under
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21 pressure.
22 (c) "Code" means the Butte County Code.
23 (d) "Customer"means any person who is sold or acquires butane from any Reseller during a
24 transaction.
25 (e) "Day" means calendar day.
26 (f) "Person"means a corporation, co-partnership, or association as well as a natural person.
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1 (g) "Reseller"means any business, company, corporation, person, employee or associate selling
2 products to any customer within the unincorporated areas of Butte County. It does not
3 include any wholesaler engaged in a wholesale transaction.
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(h) "Sell"means to furnish, give away, exchange, transfer, deliver, surrender, distribute or
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supply, whether for monetary gain or other consideration.
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(i) "Transaction"means a purchase, sale, trade, loan, pledge, investment, gift, transfer,
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transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of
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credit, purchase or sale of any monetary instrument, or an electronic, magnetic or manual
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10 transfer between accounts or any other acquisition or disposition of property by whatever
11 means effected.
12 (j) "Wholesaler" means a person whose business is the selling of goods in gross to retail stores
13 for purposes of resale.
14 34B-2 Unlawful Sale,Purchase and Handling of Butane.
15 (a) It is unlawful for any reseller or other person to sell, offer to sell, or otherwise provide to a
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customer any number of butane canisters that exceed a combined total storage of 600 ml of
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butane during any single transaction.
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(b) It is unlawful for any customer to purchase or acquire any number of butane canisters that
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exceed a combined total storage capacity of 600 ml of butane during any 30-day period.
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21 (c) It is unlawful for any person to have in their possession, custody, or control any number of
22 butane canisters that exceed a combined total storage capacity of 600 ml of butane at any one
23 time. The limitation in this subsection shall not apply to the following:
24 1. Butane canisters possessed by wholesalers or resellers solely for the purposes of resale;
25 2. Butane canisters possessed by persons solely for the purposes of furthering their ongoing,
26 lawful and properly licensed commercial operations which require butane quantities
27 greater than 600 ml; or
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1 3. Butane canisters containing a sulfur-containing odorant, such as ethyl mercaptan.
2 34B-3 Tracking of Butane Sales.
3 (a) For every sale of butane, the Reseller shall prepare a bill of sale that identifies the date of
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sale, quantity of butane purchased, and the customer's identification. Customer's
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identification as used herein shall mean a person's first and last name as verified from a valid
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driver's license or other official and valid state-issued identification that contains a
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photograph of the purchaser and a residential or mailing address. Reseller shall retain a copy
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9 of the bill of sale in readable form for a period of two years.
10 (b) It shall be unlawful for any reseller to sell butane to any customer without complying with
11 section 34B-3(a) of this Code.
12 34B-4 Penalties, Strict Liability and Nuisance.
13 (a) Any violation of this Chapter is a misdemeanor and subject to a$1,000 penalty and/or six
14 months in the county jail; provided, however, the County shall have the discretion to reduce
15 the misdemeanor to an infraction. A separate offense shall exist for every single violation of
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this Chapter in accordance with Section 1-7 of the Code. The criminal prosecution of any
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violation of this Chapter does not preclude the County from the further initiation of any other
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civil or administrative proceeding which may be available as a remedy for such violation in
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accordance with Chapters 1, 32A and 41 of the Code.
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21 (b) This chapter is a regulatory provision necessary for the protection of the public health,
22 welfare and safety, in any criminal prosecution for a violation of this chapter, it is not
23 necessary to prove knowledge or criminal intent.
24 (c) A violation of any provision of this chapter constitutes a public nuisance.
25 34B-5 Cumulative Remedy. Nothing herein is intended to limit the County from pursuing any
26 other remedy available at law or in equity against any person or entity maintaining, committing,
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or causing a public nuisance or any other violation of the Code or State or Federal law.
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1 Section 4. The County finds that this Chapter is not subject to the California Environmental
2 Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct o
3 reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is n•
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possibility the activity in question may have a significant effect on the environment).
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Section 5. Severability. If any section, subsection, subdivision, sentence, clause,phrase or
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portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision
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of any court of competent jurisdiction, such provision shall be deemed severable, and such
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9 decision shall not affect the validity of the remaining portions of this Ordinance. The County
10 hereby declares that it would have adopted this Ordinance and each section, subsection,
11 subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
12 more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
13 declared invalid or unconstitutional.
14 Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
15 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to
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publish this Ordinance before the expiration of fifteen (15) days after its passage. This
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Ordinance shall be published once, with the names of the members of the Board of Supervisors
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voting for and against it, in the Chico Enterprise Record, a newspaper of general circulation
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published in the County of Butte, State of California.
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I PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
2 California, on the 8th day of November, 2016, by the following vote:
AYES: Supervisor Wahl, Kirk, Lambert, Teeter and Chair Connelly
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NOES: None
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ABSENT: None
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NOT VOTING: None
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Bill Connelly, Chair of the Butte County
13 Board of Supervisors
14 ATTEST:
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Paul Hahn,
16 Chief Administrative Officer and Clerk of the Board
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By:
19 Deputy
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