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
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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
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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.
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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
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