HomeMy WebLinkAboutOrd 11691/17/80
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ORDINANCE ND. 1169
ADDING CHAPTER 10.65 TO TITLE 10 OF THE
BURLINGAME MUNICIPAL CODE TO PROHIBIT
THE SALE OF DRUG PARAPHERNALIA TO MINORS
The CITY COUNCIL of the City of Burlingame, California,
ORDAINS as follows:
Section 1. Chapter 10.65 is hereby added to the
Burlingame Municipal Code to read:
"CHAPTER 10.65
SALE - DRUG PARAPHERNALIA - MINORS
10.65.010 Purpose.
The sale of drugs and narcotics paraphernalia in
business establishments, open to the public and frequented
by minors, tends to induce acquisition and use by minors
for smoking, injecting or consumption of controlled. sub-
stances. Possession and use of controlled substances
are prohibited or limited, by the Controlled Substances
Act, California Health and Safety Code Sections 11000,
et seq. It is the intent and purpose of this chapter
to prohibit the sale of such devices to minors, and,
thereby, curb the use of illicit and harmful drugs and
narcotics by minors in the interests of their mental
and physical health.
10.65.020 Sale to Minors - Prohibited.
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 opium pipe,
device, contrivance,
instrument
or paraphernalia for
smoking, injecting,
or
consuming
any controlled sub-
stance, as specified
in the California
Health and
i�
Safety Code, other than prescription drugs and devices
to ingest or inject prescription drugs, shall offer to
sell, sell, or give to any person under the age of
eighteen (18) years such paraphernalia.
10.65.030 Minors' Purchase - Prohibited.
A person under the age of eighteen (18) years shall
not buy, offer to
buy or accept
as
a gift any opium pipe,
device, contrivance,
instrument
or
paraphernalia for
unlawfully smoking
or injecting
or
consuming any con-
trolled substance,
prohibited under
the Controlled Sub-
stances Act, other
than devices
to
ingest or inject
prescription drugs.
10.65.040 Sign Prohibiting
Sale
to
Minors.
Each 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 opium pipe,
device, contrivance, instrument or paraphernalia for
smoking, injecting or consuming any controlled substance
as specified in the California Health and Safety Code,
shall prominently display a sign therein, in letters
not less than two inches in height,words to the effect
that offering to sell or give to any person under the
age of eighteen (18) years any such paraphernalia, or
offering to buy, buying or accepting as a gift by a person
under the age of eighteen (18) years of any such parapher-
nalia, is prohibited. Such sign shall cite this chapter
of the Code as the basis for the prohibition.
10.65.050 Violations - Nuisance.
A violation of any of the provisions of this
chapter is hereby declared to be a public nuisance, and
may
be abated pursuant
to the provisions
of Section
731
of the California
Code of Civil
Procedure. This
remedy
is in addition
to any other remedy
provided by
law,
including the criminal
penalty
provisions applic-
able
for violation of
the terms and
provisions of
this
Code."
the remaining
parts of this
Section 2. 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 the provisions
of this
ordinance are
severable;
and, if for any reason
any sentence,
paragraph, or
section of
this ordinance shall be
held invalid,
such decision
shall not
affect the validity of
the remaining
parts of this
ordinance.
Section. 3, This ordinance shall be published as
provided by law.
I, EVELYPd H. HILL, City Clerk of the City of Burlin game GG
do hereby certify that the foregoing Ordinance was introduced at
a regular meeting of the City Council held on the 4th day of
February,1980, and was adopted thereafter at a regular meeting
of the City Council held on the 19th day of February, 1980, by
the following vote:
AYES: COUNCILMEN: Araistrup, Barton, Crosby, Mangini, Martin.
NOES: COUNCILMEN: 2dorae
ABSEAiT: COUIdCILP4E.: bane
Ciy Clerk
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