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HomeMy WebLinkAboutOrd 1170ORDINANCE NO. 1170 ADDING CHAPTER 10.66 TO TITLE 10 OF THE BURLINGAME MUNICIPAL CODE TO PROHBIT THE DISPLAY 07 DRUG PARAPHERNALIA TO MINORS The CITY COUNCIL of the City of Burlingame, California, OP.DAINS as follows: Section 1. Chapter 10.66 is hereby added to the Burlingame Municipal Code to read: "CHAPTER 10.66 DISPLAY - DRUG PARAPHEF.NALIA 10.66.010 Purpose. The display 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 substances. 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 eliminate the exposure of minors to such devices and, thereby, curb the sale to and use of illicit and harmful drugs and narcotics to and by minors in the interests of their mental and physical health. 10.66.020 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, contri- vance, instrument or paraphernalia for smoking or inject- ing, or consuming marijuana, hashish, PCP, or any con- trolled substance, as defined in the California Health 1/28/80 1 r _, and Safety Code, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, other than prescription drugs and devices to ingest or inject prescription drugs, 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 person is accompanied by one of his or her parents, or by his or her legal guardian. 10.66.030 Minors - Rxcln(le0_ 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, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or. injecting or consuming marijuana, hashish, PCP, or any controlled substance, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, other than prescription drugs and devices to ingest or inject prescription drugs, unless such person is accompanied by one of his or her parents, or his or her legal guardian. 10.66.040 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 or consuming marijuana, hashish, PCP or any controlled substance, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, other than prescription drugs and devices, unless within a separate room or enclosure to which minors not accompanied 2 by a legal guardian are excluded. Each entrance to such a room shall be sign posted in letters not less than two inches in height with words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors unless accompanied by a parent or legal guardian are excluded. 10..66.050 Violations - Nuisance. A violation of any of the provisions of this chapter is hereby declared to be a public nuiscance, 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. 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 required by law. 3 I, EVELYN n. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the nth day of February, 1980, and was adopted thereafter at a regular meeting of the City Council held on the 13th day of February 19803 by the following vote: AYES: COUNCILMEN: Amstrup, Barton, Crosby, Mangini, Martin. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ciity Clerk 4